Will persons in Vietnam who don't declare temporary absence be removed from registration book?

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Question date: 05/12/2022

Will persons in Vietnam who don't declare temporary absence be removed from registration book? What are the fines for not declaring temporary absence in Vietnam? What are ways for temporary absence declaration in case learning in another place in Vietnam?

Hello Lawnet. I'm learning in the city but I haven't declare temporary absence in my hometown. I wonder if I will be romoved from registration book for not declaring temporary absence. What are the fines for not declaring temporary absence in Vietnam?

Thank you!

    • Will persons in Vietnam who don't declare temporary absence be removed from registration book?

      Pursuant to Article 24 of the Law on Residence in 2020 stipulating annulment of permanent residence registration in Vietnam as follows:

      1. Permanent residence registration of a person will be annulled in any of the following cases:

      a) The person is deceased or declared missing or deceased by the Court;

      b) The person resides overseas permanently;

      c) The person is issued with a decision on annulment of permanent residence registration according to regulations in Article 35 of this Law;

      d) The person is absent from their permanent residence for 12 consecutive months or more without registering any other place of residence as their temporary one or declaring temporary absence, unless they go abroad for any purpose besides permanent residence or serve a sentence in a prison, rehabilitation center or correctional institution;

      dd) The person is permitted to renounce their Vietnamese citizenship or stripped of their Vietnamese citizenship or has the decision on grant of Vietnamese citizenship annulled by the competent authority;

      e) The person registered the place of residence that they were renting, borrowing or staying in as their permanent residence but has stopped renting, borrowing or staying in that place for 12 months and yet to register a new permanent residence, excluding the cases provided for in Point h herein;

      g) The person registered a lawful place of residence as their permanent residence but has transferred the ownership of this place to another person 12 months ago and yet to register a new permanent residence, unless the new owner agrees to let the person continue to rent, borrow or stay in this place and register it as their permanent residence and excluding the cases provided for in Point h herein;

      h) The person registered a place of residence that they were renting, borrowing or staying in as their permanent residence but has stopped renting, borrowing or staying in this place and is no longer permitted to register it as their permanent residence by the person allowing them to rent, borrow or stay in it; or the person registered a place of residence under their ownership as their permanent residence but has transferred ownership of the place to another person and is not permitted to register it as their permanent residence by the new owner;

      i) The person registers a place of residence that has been demolished or confiscated as decided by the competent authority or a vehicle the vehicle registration of which has been annulled as per the law as their permanent residence.

      2. The registration authority with which a person registers their permanent residence has the power to annul such registration and must specify the reason for and time of such annulment in the residence database.

      3. The Government shall elaborate application and procedure for annulment of permanent residence registration.

      As regulations above, if you are absent from your hometown for learning in the city more than 12 months, you may be removed from registration book under law provisions.

      What are the fines for not declaring temporary absence in Vietnam?

      Pursuant to Clause 1 Article 9 of the Decree 144/2021/NĐ-CP stipulating violations against regulations on residence management and registration in Vietnam as follows:

      1. A fine ranging from 500.000 VND to 1.000.000 VND shall be imposed for any of the following violations:

      a) Failure to comply with regulations on registration of permanent residence and temporary residence, cancellation of permanent residence and temporary residence, household division or revision of residence in of in Residence Database;

      b) Failure to comply with regulations on notification of residence and temporary absence;

      c) Failure to present the family register, temporary residence register, residence certification, other residence documents at the request of a competent authority.

      As regulations above, if you fail to declare temporary absence at your local, you shall be fined from 500.000 VND to 1.000.000 VND under law provisions.

      What are ways for temporary absence declaration in case learning in another place in Vietnam?

      Pursuant to Clause 1 Article 16 of the Circular 55/2021/TT-BCA stipulating temporary absence declaration in Vietnam as follows:

      1. Temporary absence declaration for the cases mentioned in Point c and Point d Clause 1 Article 31 of the Residence Law may be made in any of the following ways:

      a) Directly at offices of registration authorities or temporary absence declaration receipt locations designated by registration authorities;

      b) Via phone numbers or emails posted by registration authorities;

      c) Via websites of registration authorities or the national public service portal, public service portal of the Ministry of Public Security or public service portal for residence management;

      d) Via applications for electronic devices.

      Above are ways for temporary absence declaration in case learning in another place in Vietnam.

      Best regards!

    Above is legal advice provided for customers of LawNet . If you require any further information, please send an email to nhch@lawnet.vn
    "This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts"

    LEGAL BASIS OF THIS SITUATION
    • Article 9 of the Decree 144/2021/NĐ-CP Download
    • Article 24 of the Law on Residence in 2020 Download
    • Article 16 of the Circular 55/2021/TT-BCA Download
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