Vietnam: What is the definition of "residence" and "place of permanent residence"?

Vietnam: What is the definition of "residence" and "place of permanent residence"?

Pursuant to Clause 2 and 8, Article 2 of the Law on Residence in 2020 stipulating as follows:

2. “residence” refers to a citizen’s state of living at a location in a commune-level administrative unit or a district-level administrative unit where there is no commune-level administrative unit (hereinafter collectively referred to as “commune-level administrative unit”).

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;

What are residence and residence management rules in Vietnam?

Pursuant to Article 3 of the Law on Residence in 2020 stipulating residence and residence management rules in Vietnam as follows:

1. Residence and residence management shall adhere to the Constitution and the law.

2. Residence and residence management shall ensure the legitimate rights and interests of citizens, the interests of the State, the community and the society; right to freedom of residence and other basic rights of citizens, and state responsibility for socio - economic development, national defense and security protection and preservation of public order and social safety in a harmonious manner.

3. Residence registration procedures must be simple, convenient, timely, accurate and transparent; residence management must be strict and effective.

4. Information on residence shall be updated to the national population database and residence database as prescribed by law; at a point in time, a citizen shall have only one permanent residence and may have one temporary residence.

5. All violations against regulations of laws on residence registration and management must be detected and handled in a prompt and serious manner as per the law.

When shall exercise of the right to freedom of residence of citizens in Vietnam be restricted?

As prescribed in Clause 2 Article 4 of the Law on Residence in 2020, exercise of the right to freedom of residence of citizens will be restricted for the following cases:

a) Persons banned from leaving their place of residence or temporarily detained by presiding officers or presiding authorities; convicts yet to receive the sentence enforcement decision or having received the sentence enforcement decision but out on bail or granted suspension of sentence enforcement; convicts undergoing probation; persons serving a custodial sentence, imposed a residence ban, under mandatory supervision or serving a community sentence; and persons on parole;

b) Persons currently subject to compulsory education in their communes or serving a sentence in a correctional institution or rehabilitation center; persons to serve a sentence in a correctional institution or rehabilitation center but granted suspension of sentence enforcement; and persons under supervision during consideration of admission to a correctional institution or rehabilitation center;

c) Persons placed under medical quarantine as they pose the risk of spreading an infectious disease to the community;

d) Locations and areas placed under medical quarantine for prevention and control of an infectious disease as per the decision of the competent authority or person; localities declaring state of emergency as per the law; locations forbidden from new permanent residence registration, new temporary residence registration and household separation according to regulations of this Law;

dd) Other cases per the law.

Best regards!