DO I HAVE TO RE-REGISTER MY TEMPORARY RESIDENCE WHEN MOVING TO ANOTHER PLACE?

I used to live in an apartment in Son Tra District, Da Nang City. I registered my temporary residence at the Ward Police and I was granted a registration book 3 months ago. Now, moving to Hai Chau District, I am told that I have to re-register my temporary residence. So, I would like to know if I have to re-register my temporary residence when moving to another place and terminate my temporary residence in Son Tra District.

Thank you and best regards.

FDVN’s opinion:

Thank you for concerning our legal services. Regarding the temporary registration, we have some following opinions:

According to Article 30 of Law on Residence 2006, amended and supplemented in 2009 on temporary residence registration:

“Article 30. Temporary residence registration:

1. Temporary residence registration means that citizens register their places of temporary residence with competent state agencies that carry out the temporary residence registration procedures and grant temporary residence books to them.

2. Persons who are living, working, laboring or studying at a place in a commune, ward or township but are not entitled to permanent residence registration in that locality shall, within thirty days after their arrival, register their temporary residence at the commune/ward/township police offices.

3. Persons who come to register their temporary residence shall produce their people's identity cards or papers certified by the police offices of the communes, wards or townships where they have registered their permanent residence; papers evidencing their rights to own or use such dwelling houses; submit the written notification of changes in household registration, the number of household members, household member declaration; where the lawful domiciles are leased, lent or let for free-of-charge stay by individuals, written consent of the lessors, lenders or such individuals is required.

4. The Chief of the Police Department of the commune or town shall issue the temporary residence book within 3 working days from the day on which the papers mentioned in Clause 3 of this Article are received.

The temporary residence book is issued to households or individuals that registered their temporary residence, used to identify citizens’ temporary residence, and valid for 24 months. Within 30 days before the expiry date, citizens shall apply for the extension at the Police Department that issued the temporary residence book.

The temporary residence book shall be adjusted in accordance with Article 29 of this Article. Damaged temporary residence books shall be replaced; lost temporary residence books shall be reissued. The temporary residence must be registered again when a citizen moves to another commune or town.

5. For persons who have registered their temporary residence but do not live, work, labor or study for six months or more in the localities where they have registered their temporary residence, the agencies which have granted the temporary residence books shall delete such persons' names from the temporary residence registers.”

Based on Clause 4 of this Article, you have to re-register your temporary residence when moving to another place. Thus, in your case, you have to re-register your temporary residence at the Ward Police.

Besides, when registering a temporary residence but not living, working, working or studying for six months or more in the locality where the temporary residence is registered, the ward police officer granting you the temporary residence book must delete your name in the temporary residence registration. Therefore, you do not need to carry out the procedure of terminating your temporary residence registration in Son Tra District.

We hope that our opinions are useful to you.

Legal advisor: Hoang Tran Ngoc Anh

FDVN Law Firm

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