HOW TO TRANSFER THE HOUSEHOLD REGISTRATION TO A PLACE OUTSIDE THE CURRENT PROVINCE?

I registered my household in Ho Chi Minh City, but since I was a child, I have been living with my grandpa and grandma in Quy Nhon. Currently, they are not so healthy, so I want to live with them to take care of them. I would like to change my household registration to Quy Nhon. Please kindly advise me on the way to carry out this procedure.

Thank you and best regards.

FDVN’s opinion:

Sincerely thank you for concerning our legal consulting service. We are glad to give you our advice on your issue.

For your consulting request (request for the advice on changing the household registration procedure from Ho Chi Minh to Quy Nhon), after studying the case file and the provisions of the current laws, FDVN would like to offer you the following opinions:

To carry out the procedure for changing household registration, you have to obtain the household termination certificate. Then, you can register your household (your permanent residence) in Quy Nhon. Finally, you can terminate your household registration in Ho Chi Minh City.

1. PROCEDURES FOR OBTAINING THE HOUSEHOLD TERMINATION CERTIFICATE:

Step 1: Preparing the dossiers: (According to Clause 2, Article 8 of Circular No. 35/2014/TT-BCA and Article 9 of Circular No. 36/2014/TT-BCA)

- A notice of change in household registration or membership whose section 15 - Contents of household change – is specified “Issuance of household registration transfer paper”.

+ In case of transferring the whole household, it must be clearly stated in the household transfer paper and household book that all the members will change their household registration so that the police agency can revoke the old household

book when issuing a new one.

+ In case of transferring a person or a number of members in the household, there is the information clearly stated in the adjusting page in the household book such as information of the applicant(s), time of issuance of the household transfer paper and the new address.

- Household book (or family register, collective demographic certificate issued).

Step 2: Submitting the documents at Public police of the district where you live in Ho Chi Minh City (According to Clause 1, Article 8 of Circular No. 35/2014/TT-BCA):

+ In case of the dossier meets the conditions the forms or written requests are not correct or incomplete, the dossier-receiving official shall guide the applicant(s) to adjust and supplement.

+ If the application is not eligible, it can not be received. The official must reply in writing, clearly stating the reason for refusal.  

Processing time: Within 02 working days from the date of receiving the complete application, the police must grant the certificate of household registration transfer.

Step 3: Receiving the paper of changing the household registration

The result recipient gives the official the receipt and receives the written fee slip from the official (except for cases of exemption).

The level of the fee shall comply with the regulations of the People's Councils of provinces and centrally-run cities.

The recipient brings the fee slip to the fee collector and receives the receipt of payment.  Official who returns the result checks the receipt of payment and request the recipient to sign and receive the paper of changing the household registration.

2. PROCEDURES FOR PERMANENT RESIDENCE REGISTRATION (Quy Nhon City)

After obtaining the paper of changing the household registration, you may carry out the procedures for permanent residence registration at the new address:

* Conditions of permanent residence registration in the Province (Quy Nhon City) - (According to Article 19, Law on Residence 2006)

“Citizens who have lawful domiciles in any province may register their permanent residence in that province. Where their lawful domiciles are leased, lent, or let for their free-of-charge stay by individuals, written consent of the lessors, the lenders, or such individuals is required.”

* Resident registration dossier - (Clause 1, Article 6 of Circular No. 35/2014/TT-BCA)

- A notice of change in household registration or membership;

- A written declaration of household members (in case such declaration is required);

- The household registration transfer paper.

Note: Because you are going to live with family members who are your grandfather, grandmother, father, mother, wife, husband, children, and siblings, aunts, uncles, grandchildren, you do not need to present papers and documents proving your lawful domicile. However, you must show them the certification by the People's Committee of the commune.

* Competence to register permanent residence - (According to Article 9, Circular No. 35/2014/TT-BCA)

- Police of a commune or town or a police of a town or provincial city of a province

- In case of a complete and valid application, write a receipt.

In case the dossier is eligible but the dossier component or form, declaration papers are incomplete or incomplete, the dossier-receiving official shall guide the person to file it.

If the application is not eligible, the applicant will not receive and reply in writing, clearly stating the reason for refusal.

Processing time: 15 days from the date of receiving the complete file.

Step 3: Releasing the result:

In case the request of permanent residence registration is approved: pay fees and receive dossiers, check the information in the Household Book and sign in the Household Registration Book.

In case the request of permanent residence registration is not approved: receive submitted dossiers; check the papers and information in the dossiers; receive the announcement of not approving the permanent residence registration and sign in the Household Registration Book with the full name and date of receiving the submitted dossiers.

3. PERMANENT RESIDENCE DEREGISTRATION (Clause 3, Article 11 of Circular No. 35/2014/TT-BCA):

Permanent residence deregistration means the deletion of a citizen’s name in a household registration book or permanent residence registration book by a competent permanent residence registry office.

The procedure for permanent residence deregistration shall be carried out in case of registration new residence.

For rural districts, urban districts, and towns of centrally-run cities:

Within 10 (ten) working days after receiving permanent residence registration notices of the residence registry offices of localities where citizens move to, the persons subject to permanent residence deregistration or household representatives shall be notified to bring their household registration books to carry out the procedures for deletion of names in the residence registration books or from household registration books (for transfer of some household members), and the permanent residence deregistration shall be notified to citizens’ identities archives and commune/ward/township police offices; at the same time, the permanent residence registration dossiers shall be transferred to police offices of the same level in localities where citizens move to.

Past the 60-day time limit, after a person is subject to permanent residence deregistration if the household representative fails to carry out the procedures for permanent residence deregistration according to regulations, the police officers of the commune, ward or township where such person resides shall make a written record thereof and request the household to carry out permanent residence deregistration procedures. Within 30 (thirty) days after the written record is made, if the household representative still fails to carry out the permanent residence deregistration procedures, the police officers of the commune or township of a provincial district, the police office of a town or provincial city, or the police office of an urban or rural district or town of a centrally run city shall deregister the permanent residence.          

Above is FDVN Law Firm's opinion for your request of a consultant based on studying the relevant legal provisions. Hopefully, FDVN's advice would be helpful to you.

Legal expert: Hoang Tran Ngoc Anh

FDVN Law Firm

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