Law Amending and Supplementing Certain Provisions of the Law on Residence No. 36/2013/QH13

LAW

AMENDMENTS AND SUPPLEMENTS TO CERTAIN ARTICLES OF THE RESIDENCE LAW

BASED ON THE CONSTITUTION OF THE SOCIALIST REPUBLIC OF VIETNAM IN 1992 AS AMENDED AND COMPLEMENTED BY RESOLUTION NO. 51/2001/QH10;

The National Assembly enacts this Law to amend and supplement certain articles of the Residence Law No. 81/2006/QH11.

Article 1

Amendments and supplements to certain articles of the Residence Law:

1. Amend and supplement Clause 8 of Article 8 and add Clauses 10 and 11 to Article 8 as follows:

“8. Renting, leasing, forging, repairing, altering the contents of household registration books, temporary residence certificates, other documents related to residence; using false residence documents; providing false information and materials about residence; fraudulently creating conditions to be registered for permanent residence.”

“10. Registering residence when knowing that the person being granted the residence registration does not reside at that place of residence.”

“11. Agreeing to allow others to register residence at their place of residence for personal gain or in fact, the person registering residence does not reside at that place of residence.”

2. Article 20 shall be amended and supplemented as follows:

“Article 20. Conditions for registering permanent residence in a centrally-administered city

Citizens falling under any of the following circumstances shall be entitled to register permanent residence in a centrally-administered city:

1. Having a legal place of residence, in cases where registering permanent residence in a district or town within a centrally-administered city, they must have resided temporarily in that city for at least one year, and in cases where registering permanent residence in a district within a centrally-administered city, they must have resided temporarily in that city for at least two years;

2. Being agreed by the holder of the household registration book to be included in their household registration book if they fall under any of the following circumstances:

a) Wife moving to live with husband; husband moving to live with wife; child moving to live with father or mother; father or mother moving to live with child;

b) Elderly person who has retired, stopped working due to health reasons, or stopped working moving to live with brother, sister, or half-sibling;

c) Person with disabilities, unable to work, person suffering from mental illness or other diseases causing loss of cognitive ability and control over behavior moving to live with brother, sister, half-sibling, aunt, uncle, cousin, guardian;

d) Minor without father or mother or with father or mother but father or mother unable to raise them moving to live with paternal or maternal grandparents, brother, sister, half-sibling, aunt, uncle, cousin, guardian;

đ) Single adult moving to live with paternal or maternal grandparents, brother, sister, half-sibling, aunt, uncle, cousin;

e) Paternal or maternal grandparents moving to live with grandchild;

3. Being transferred or recruited to work at an agency or organization receiving salary from the state budget or under an indefinite-term employment contract and having a legal place of residence;

4. Previously registered permanent residence in a centrally-administered city, now returning to live legally at their previous place of residence;

5. In cases stipulated in Subclauses 1, 3, and 4 of this Article, when registering permanent residence at a place of residence obtained through renting, borrowing, or staying with someone else, they must meet the following conditions:

a) Ensuring the average area according to the regulations of the People's Council of the city;

b) Having confirmation from the People's Committee of the commune, ward, or town regarding the average area;

c) Receiving written consent from the lessor, lender, or host;

6. Registration of permanent residence in the inner city of Hanoi shall be carried out in accordance with the provisions of Subclause 4 of Article 19 of the Capital City Law.”

3. Clause 1 of Article 23 shall be amended and supplemented as follows:

“1. A person who has registered permanent residence and changes their legal place of residence, when moving to a new legal place of residence and meeting the conditions for registering permanent residence, shall within twelve months be responsible for completing the procedures to change the place of permanent residence registration.”

4. Clause 4 of Article 30 shall be amended and supplemented as follows:

“4. The Chief of Public Security Police Station shall issue a temporary residence certificate within three working days from the date of receipt of all documents prescribed in Clause 3 of this Article in accordance with the model specified by the Ministry of Public Security.

The temporary residence certificate is issued to a household or individual who has registered temporary residence, serving to confirm the place of temporary residence of citizens and has a maximum validity period of twenty-four months. Within thirty days before the expiration of the temporary residence period, citizens must go to the public security police station issuing the temporary residence certificate to complete the extension procedures.

Adjustments and changes to the temporary residence certificate shall be carried out in accordance with the provisions of Article 29 of this Law. A damaged temporary residence certificate shall be replaced, and a lost one shall be reissued. In cases of temporary residence in another commune, ward, or town, a new registration must be made.”

5. Clause 2 of Article 31 shall be amended and supplemented as follows:

“2. Representatives of families, collective housing, medical facilities, hotels, guesthouses, and other establishments when there is a person staying temporarily shall be responsible for reporting the stay to the Public Security Police Station; in cases where the person staying temporarily resides in family housing or collective housing and the head of the family or collective housing does not have permanent residence registration in that commune, ward, or town, the person staying temporarily shall be responsible for reporting the stay to the Public Security Police Station. Reporting of temporary stays can be done directly, by telephone, or via the Internet or computer network. The Public Security Police Station shall be responsible for informing the public of the location, Internet address, computer network address, and telephone number for receiving reports of temporary stays.”

Article 2

This Law shall take effect from January 1, 2014.

This Law was adopted by the National Assembly of the Socialist Republic of Vietnam, the 13th term, the fifth session on June 20, 2013.