10 POTENTIAL CONTENTS ABOUT REGISTRATION FOR RESIDENCE LAW 2020

10 POTENTIAL CONTENTS ABOUT REGISTRATION FOR RESIDENCE LAW 2020
Posted date: 30/05/2022

10 POTENTIAL CONTENTS ABOUT REGISTRATION FOR  RESIDENCE LAW 2020

Residence registration means carrying out procedures for permanent residence registration, temporary residence registration, temporary absence declaration; Notice of residence and declaration of information, adjustment of information about residence. The full residence registration helps the government manage the population, in order to contribute to ensuring security and order, social safety, as well as the operation and development of society. Currently, according to the provisions of law, to exercise citizenship rights such as the right to vote, stand for election or enjoy social benefits such as health care, education or other personal rights are attached to the registration of residence. reside. Therefore, registration of residence is both an obligation and a practical right of each citizen.

Here are 10 issues to note about Residence Registration of the residence law 2020 that will take effect from July 1, 2021.

Firstly, by 2023, the household registration book and temporary residence book will no longer value:

According to the provisions of Article 24 on household registration books, Law on Residence 2006:

“1. Household registration books are granted to households or individuals that have registered their permanent residence, and are valid for determination of citizens' places of permanent residence.

2. When household registration books are damaged or lost, they may be changed or re-granted.

3. The Ministry of Public Security shall issue the forms of household registration book and guide the grant, re-grant, renewal, use and management of household registration books for uniform application nationwide”

At the same time, the Law on Residence 2006 also stipulates the responsibilities of citizens regarding residence related to the household registration book in Clause 4, Article 11:

4. To produce household registration books, temporary residence books and other residence papers upon the request of competent agencies or persons

Thus, according to the Law on Residence 2006, each citizen come along with a household registration book; In the previous administrative procedures, the administrative agencies required to provide a copy of the household registration book, or the temporary residence book. For administrative procedures that require household registration book, temporary residence book, although the place of residence is clear, and there are other documents with residence information such as: identity card, passport, citizen identification …but without the household registration book, the temporary residence book still cannot be implemented. Leading to the household registration book, the temporary residence book not only has the value of confirming the place of residence, but it is also associated with the interests of each person, thereby creating a lot of restrictions and barriers for citizens.

To address these shortcomings, the Law on Residence 2020 was approved by the National Assembly of the Socialist Republic of Vietnam, term XIV, at its 10th session on November 13, 2020. Effective from July 1, 2021 The household registration book has been deleted from January 1, 2021, specifically as follows:

According to Clause 3, Article 38 of the Law on Residence 2020:

“Starting from the date on which this Law comes into force, issued family registries and temporary residence registries may continue to be used and are equivalent to written confirmations of residence per this Law until December 31, 2022 inclusive.

In case where information in a family registry or temporary residence registry differs from information in the residence database, the latter shall be used.

When a citizen carries out a residence registration procedure that changes information in their family registry or temporary residence registry, the registration authority shall revoke the issued family registry or temporary residence registry, update information in the residence database in compliance with regulations of this Law and not issue a new family registry or temporary residence registry or reissue the old family registry or temporary residence registry to the citizen”.

Thus, from January 1, 2023, "paper" household registration books and temporary residence books will no longer be used.

The household registration book will continue to be used and valid as papers and documents confirming residence until January 1, 2023. A new registration, however, cannot be requested if the household registration book is lost or damaged, reissue of household registration books and temporary residence permits.

From July 1, 2021, the government's population management will be based on information on the built-up population database, according to the provisions of Clause 4, Article 3 of the Law on Residence 2020 as follows: “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”.

Second, the conditions for permanent residence registration are the same in all provinces and cities across the country, regardless of province or centrally run city.

The provisions of the 2006 Law on Residence, revised in 2013, divide the conditions for permanent residence registration into those for registration in provinces and those for registration in centrally-run cities.

In Clause 2, Article 1 of the revised Law on Residence 2013, a citizen who is registered for permanent residence in a city directly under the Central Government must have temporarily resided in that city for one year or more. If a city is directly under the Central Government, they must have temporarily resided in that city for at least two years. Particularly in Hanoi, according to Clause, Article 19 of the 2012 Capital Law, if you want to register for permanent residence in the inner city of Hanoi, you must also temporarily reside in the inner city for 3 years or more.

Up to now, according to the provisions of Clauses 1 and 2, Article 20, Conditions for permanent residence registration, the Law on Residence 2020 is as follows:

“1. Any citizen who has a lawful place of residence under their ownership may register that place as their permanent residence.

2. A citizen may register a lawful place of residence that is not under their ownership as their permanent residence with the permission of the household head and owner of such place in the following cases:

a) The citizen is someone who comes to live with their spouse; a child coming to live with their parent(s); or a parent coming to live with their child;

b) The citizen is an old person coming to live with their biological sibling or grandchild; or a person with very severe disability, a person with severe disability, a person who has lost work capacity, a person suffering from a mental illness or another disease that causes them to lose awareness or behavior control coming to live with their paternal grandparent(s), maternal grandparent(s), biological sibling, biological uncle, biological aunt, biological niece/nephew, biological grandchild or guardian;

c) The citizen is a minor coming to live with their great-grandparent(s), paternal grandparent(s), maternal grandparent(s), biological sibling, biological uncle or biological aunt with the permission of their parent or guardian or if they have no parent; or a minor coming to live with their guardian”

Thus, according to this regulation, the specific conditions for importing cities directly under the Central Government have been removed. Citizens who want to register for permanent residence in centrally-run cities are no longer subject to discrimination in terms of conditions but are generally and uniformly applied across the country. This regulation aims to create equality of residence rights of each citizen across the country.

Third, the rental area is at least 8m2/person who is registered for permanent residence.

According to the provisions of Clause 3, Article 20 of the Law on Residence in 2020, the conditions for registration of permanent residence at the accommodation that are leased, borrowed, or given over are as follows:

3. Excluding the cases mentioned in Clause 2 herein, a citizen may register a lawful place of residence that they rent, borrow or stay in as their permanent residence on the following conditions:

a) The owner of the lawful place of residence agrees to let the citizen register the location that they rent, borrow or stay in as their permanent residence and the household head agrees to let the citizen register the location as their permanent residence with the household;

b) The condition for minimum floor area stipulated by the provincial People’s Council is satisfied, which shall be more than 08 m2 of floor/person.

Tenants can thus register for permanent residence if the owner agrees to register for permanent residence and the housing area is at least 08m2 of floor space per person. This is one of the requirements for people who must rent inns with a small area to register for permanent residence in order to receive social benefits or exercise citizenship where they live.

Fourth, people living on mobile vehicles such as cars, boats... are also registered for permanent residence.

According to the provisions of Clause 6, Article 20 of the Residence Law 2020:

6. A person living or working on a vehicle on an itinerant basis may register the vehicle as their permanent residence on the following conditions:

a) The person owns the vehicle or is permitted to register the vehicle as their permanent residence by the vehicle owner;

b) The vehicle has been registered as prescribed by law; if the vehicle does not require registration, the People's Committee of the commune where it frequently docks or parks must confirm that it is used for living purpose;

c) If the vehicle does not require registration or the vehicle registration place is not where it frequently docks or parks, the commune-level People's Committee must confirm that the vehicle has registered to dock or park in the commune frequently.

Thus, according to the above provisions, users of means of transportation for accommodation or itinerant occupations can register for permanent residence on that same vehicle if they are vehicle owners or have their consent for permanent residence registration; at the same time, the vehicle must be registered and registered in accordance with the law. In case the vehicle is not subject to registration or registration, it must be certified by the People's Committee of the commune where the vehicle is regularly parked or parked about the use of such vehicle for residential purposes; In case the vehicle is not registered or the place of vehicle registration does not coincide with the place where it is regularly parked, there must be a certification of the commune-level People's Committee that the registered vehicle is parked or parked regularly in the area.

This regulation provides an opportunity for people living and working on mobile vehicles, such as itinerant sellers, farmers, fishermen, in rivers, lagoons, and on the sea, to register for permanent residence. This was difficult to accomplish in the past.

Fifth, if you leave the commune-level locality where you permanently reside for 12 consecutive months or more, you must declare your temporary absence

According to the provisions at points c, d, Article 31 on declaration of temporary absence from the Law on Residence 2020, from July 1, 2021:

 “c) The citizen is of military conscription age or fulfilling other obligations to the State as decided by the competent authority and leaves the district-level administrative unit where they are residing for 03 consecutive months or more;

d) The citizen is not among the cases mentioned in Points a, b and c herein and leaves the commune-level administrative unit where their permanent residence is located for 12 consecutive months or more, unless they have registered their new place of residence as their temporary residence or go abroad”.

Thus, when leaving the commune where he/she permanently resides for 12 consecutive months or more without the defendant, the defendant, the person sentenced to prison, the person serving the sentence, the person being released from prison before the time limit or other cases other than those specified at Points a, b, c, Article 31 of the Law on Residence 2020 and have not yet registered their temporary residence in a new place of residence or do not have to leave the country, they must declare their temporary absence.

Clause 3, Article 31 of the Law on Residence 2020 specifies the following contents when declaring temporary absence: Citizens may declare their temporary absence in person at the premises of the registration authority of the locality where they reside or by the phone or electronic means or other means as stipulated. For minors, either of their parents or their guardian shall make the declaration.

The full name, personal identification number or ID card number, passport number of the person declaring temporary absence; reason for temporary absence; temporary absence; destination address are all required when declaring temporary absence.

This is a new regulation that every citizen should be aware of because if the regulation is broken, the permanent residence registration will be revoked.

Sixth, Failure to declare temporary absence when absent for a long time at the place of permanent residence may result in the registration of permanent residence being deleted.

According to the provisions of Point d, Clause 1, Article 24, Annulment of permanent residence registration in the Law on Residence in 2020:

 “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”

As a result, if you are absent from your permanent residence for 12 months or more without registering your temporary stay at another place of residence or failing to declare your temporary absence, except for cases of going abroad but not for permanent residence or cases of serving a prison sentence, taking the measure of sending to a compulsory education institution, sending to a compulsory detoxification establishment, sending to a teacher training school maintenance will be removed from the registration of permanent residence.

This is a new rule that all citizens should be aware of. Students used to be hesitant to declare their temporary absence or register for temporary residence in a new place of residence for a variety of reasons, including: fear of procedures, or the fact that not declaring a temporary absence or registering for temporary residence in a new place of residence had no effect. However, as of now, if you do not declare your temporary absence or register for temporary residence at a new place of residence, your permanent residence registration may be cancelled. This will have a significant impact on each citizen's life.

Seventh, selling or donating a home that is registered for permanent residence may result in the removal of the home's permanent residence registration.

According to the provisions at Point g, Clause 1, Article 24 of the Law on Residence 2020 on deletion of permanent residence registration:

 “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”

 Accordingly, the person who has sold the house, donated the house, or transferred the ownership of the house that he has registered for permanent residence to another person, after 12 months from the date of sale of the house without registration, his permanent residence in the new place of residence will be deleted. register for permanent residence unless the new owner agrees to continue renting, borrowing, staying at and allowing permanent residence registration at that place.

In addition, when selling a house without the new owner's consent to keep the registration of permanent residence at that place, the registration of permanent residence at that address will also be removed.

Thus, the home seller should pay attention to the registration of residence, before transferring the ownership of the house to avoid the case of being removed from the permanent residence registration, which affects the living process of themselves and their families.

Eighth, the declaration of the place of residence of a person without permanent or temporary residence

In Clause 1, Article 19. Place of residence of people without permanent or temporary residence, Law on Residence 2020:

1. The place of residence of a person without permanent and temporary residences as they are ineligible for permanent and temporary residence registration shall be their current residence; if they do not live at a certain address, their current residence shall be the commune-level administrative unit where they are living. Persons without permanent and temporary residences must declare information on their residence with the registration authority of the locality where their current residence is located.

As a result, if a person does not have both a permanent and a temporary place of residence due to ineligibility for permanent or temporary residence registration, his/her place of residence is his/her current residence.

In case there is no specific place of residence, the current place of residence is determined as the commune-level administrative unit where that person is actually living. At the same time, people who do not have a permanent or temporary place of residence must declare their residence information to the registration office of residence in their current place of residence.

When declaring the place of residence, a person who does not have both a permanent and temporary place of residence due to ineligibility for permanent residence registration shall declare the place of residence as his current place of residence, if there is no such address. The place of residence, in particular, must be designated as a remote locality. This residence must be declared with the residence registration office in the current place of residence.

Ninth, staying for less than 30 days without registering for temporary residence.

Clause 1, Article 27 of the Law on Residence 2020 stipulates:

1. A citizen who comes to live in a lawful place of residence located outside of the commune-level administrative unit where they register their permanent residence for work or study or another purpose for 30 days or more must register temporary residence.

As a result, this regulation allows people to register for temporary residence only if they come to live in a lawful place of residence outside the commune-level administrative unit where they have registered their permanent residence to work, study, or for other reasons from 30 days or more

Tenth, together with permanent residence registration and temporary residence registration at a lawful residence, they are entitled to participate in household health insurance.

According to Clause 2, Article 37 Amending, supplementing, and annulling a number of articles of the laws related to residence management, the Residence Law 2020 is as follows: 2. Clause 7 Article 2 of the Law on Health Insurance No. 25/2008/QH12, amended in accordance with the Law No. 32/2013/QH13, Law No. 46/2014/QH13, Law No. 97/2015/QH13 and Law No. 35/2018/QH14, is amended as follows:

“7. “household holding health insurance policy” (hereinafter referred to as “household”) includes all of the persons who register one lawful place of residence as their permanent or temporary residence in compliance with regulations of law on residence.”.

Previously, only people whose names were in the household registration book or temporary residence book could participate in health insurance, but now people who have registered for temporary residence and registered for permanent residence at the same lawful place can live together participating in household health insurance, this creates an opportunity for more people to have the opportunity to pay for health insurance.

Lê Quân – FDVN Law Firm

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