NEW HIGHLIGHTS ON REGULATIONS ON PERMANENT AND TEMPORARY RESIDENCE REGISTRATION IN 2023

Table of Contents:

1. What is permanent residence and temporary residence?

2. What do you need to do to avoid having your permanent residence registration removed from your permanent residence?

3. Temporary residence registration documents?

4. Can people register for permanent residence and temporary residence online in 2023?

1. What is permanent residence and temporary residence?

According to Article 2 of the 2020 Law on Residence, it is stipulated that:

“8. “place of permanent residence” (hereinafter referred to as “permanent residence”) refers to a place of secure and long-term residence of a citizen that is registered as their permanent residence;”

9. “place of temporary residence” (hereinafter referred to as “temporary residence”) refers to a place of short-term residence of a citizen save their place of permanent residence that is registered as their temporary residence.”

According to the provisions of Point d, Clause 1, Article 24 of the 2020 Law on Residence, if you are absent from your permanent residence for 12 months or more, without registering for temporary residence at your new place of residence or without declaring temporary absence, your permanent residence registration will be deleted.

2. What should you do to avoid having your permanent residence registration deleted at your permanent residence?

To avoid having your permanent residence registration deleted at your permanent residence, you need to do one of the following:

First, when you move to another locality to live, study and work for 30 days or more, you must register for temporary residence at the locality where you registered to live (Clause 1, Article 27 of the 2020 Law on Residence). The maximum temporary residence period is 2 years and can be extended multiple times. Specifically, when you move to Ho Chi Minh City to study, you must register for temporary residence at the residence registration agency, which is the commune-level police (ward) where you plan to live (Clause 4, Article 2, Law on Residence 2020).

Second, if you do not register for temporary residence, you must declare temporary absence at your permanent residence according to the provisions of Point d, Clause 1, Article 31 of the Law on Residence 2020. That is, you need to declare temporary absence at your permanent residence (For example, Nghe An permanent residence) before moving to Ho Chi Minh City to study. When declaring temporary absence, every 12 months from the date you first register for temporary absence, you need to re-register at the commune-level police.

3. Temporary residence registration file

Temporary residence registration file includes:

– Application form for changing residence information.

– Papers and documents proving legal residence (such as rental, borrowing, staying contracts or papers proving personal relationship with the householder…).

– Identity papers (valid ID card, Passport).

– Method: online or in person.

4. Can people register for permanent or temporary residence online in 2023?

Based on the provisions of Article 3 of Circular 55/2021/TT-BCA, the following provisions are provided:

Receiving applications and notifying results of residence registration

1. The receipt of residence registration applications is carried out directly at the residence registration agency, the National Public Service Portal, the Ministry of Public Security’s Public Service Portal, and the Residence Management Public Service Portal.

2. In case of submitting the application directly, the person requesting residence registration can submit a certified copy of the original or a copy issued from the original book (hereinafter referred to as a copy) or a photocopy with the original documents for comparison. In case the person requesting residence registration submits a photocopy along with the original document, the recipient is responsible for checking, comparing the photocopy with the original and signing the confirmation, and is not allowed to request to submit a copy of that document.

3. In case of performing residence registration via the National Public Service Portal, the Ministry of Public Security Public Service Portal, the Residence Management Public Service Portal, the person requesting residence registration shall declare information and attach scans or photocopies of the necessary documents and papers as prescribed. Citizens are responsible for presenting the original documents and papers provided when requested by the person performing the residence registration work. 4. Notification of results of permanent residence registration, temporary residence registration, temporary residence extension, residence information declaration, residence information adjustment, household separation, temporary absence declaration is carried out in the form of documents, electronic messages to the email box or phone, electronic information page of the residence registration agency, application on electronic devices, National Public Service Portal, Ministry of Public Security Public Service Portal, Residence Management Public Service Portal.

5. The residence registration agency has the right to refuse to process residence registration, confirm residence information and not refund fees (in case the fee has been paid) if it detects that the citizen’s documents and papers provided have been erased, modified, or forged.

Accordingly, temporary and permanent residence registration can now be done online through the National Public Service Portal, Ministry of Public Security Public Service Portal, and Residence Management Public Service Portal.

In addition, temporary residence registration has been “digitalized” through the public service portal or other electronic means prescribed by the Ministry of Public Security or you register via phone, VneID app, the Government of Vietnam (Article 31 of the Law on Residence and Article 3 of Circular No. 55/2021 of the Ministry of Public Security detailing a number of articles and measures to implement the Law on Residence).