Law on Residence No. 68/2020/QH14

LAW

RESIDENCE

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On the basis of the Constitution of the Socialist Republic of Vietnam;

The National Assembly enacts the Law on Residence.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Law regulates the exercise of the right to freedom of residence of Vietnamese citizens on the territory of the Socialist Republic of Vietnam; the registration and management of residence; the rights, obligations, and responsibilities of citizens, agencies, and organizations regarding the registration and management of residence.

Article 2. Interpretation of Terms

In this Law, the following terms shall be understood as follows:

1Place of legal residence is a place used for living that is under the ownership or right of use of citizens, including houses, ships, boats, other movable means, or other places as prescribed by law.

2. Residence is the act of citizens residing at a location within a commune-level administrative unit or a district-level administrative unit where there is no commune-level administrative unit (hereinafter referred to as a commune-level administrative unit).

3. Database on residence is a specialized database collecting information on the residence of citizens, digitized, stored, and managed through an information infrastructure, connected and shared with the National Population Database and other databases as prescribed by law.

4. Agency responsible for residence registration is the agency directly managing residence and implementing the registration of citizens' residence, including the Police Station of Commune, Ward, Town; the Police Station of District, Urban District, City under Province, City under Central City in areas without commune-level administrative units.

5. Residence registration is the process of registering permanent residence, temporary residence, declaring temporary absence, reporting stay, and providing and adjusting information on residence.

6. Stay is the act of citizens staying at a location other than their permanent residence or temporary residence for less than thirty days.

7. Temporary absence is the act of citizens being absent from their place of residence for a certain period of time.

8. Place of permanent residence Permanent residence

9. is a place where citizens live stably and long-term and have registered permanent residence. Temporary residence

10. is a place where citizens live for a certain period of time outside their permanent residence and have registered temporary residence. Current place of residence

Article 3. Principles of residence and management of residence

1. Compliance with the Constitution and laws.

2. Ensuring harmony between the legitimate rights and interests of citizens, the interests of the State, community, and society; combining the guarantee of the right to freedom of residence, other basic rights of citizens, and the responsibility of the State with the task of building and developing the economy and society, consolidating national defense and security, ensuring social order and safety.

3. The procedures and formalities for residence registration must be simple, convenient, timely, accurate, transparent, and not cause inconvenience; the management of residence must ensure strictness and effectiveness.

4. Information on residence must be updated into the National Population Database and the Database on Residence as prescribed by law; at any given time, each citizen shall only have one permanent residence and may have one additional temporary residence.

5. Any violation of laws on residence registration and management must be detected and dealt with promptly and strictly according to the provisions of the law.

Article 4. Implementation of the Right to Freedom of Residence of Citizens

1. Citizens implement the right to freedom of residence as prescribed by this Law and other relevant laws.

2. The implementation of the right to freedom of residence of citizens shall only be restricted in the following cases:

a) Persons subject to measures restricting departure from the place of residence, detention, or arrest by competent authorities; persons sentenced to imprisonment but without a decision to enforce the sentence or with such a decision but currently on parole or suspended execution of the sentence; persons sentenced to suspended imprisonment during the probationary period; persons serving a sentence, prohibited from residing in certain areas, under house arrest, or undergoing corrective education without detention; persons conditionally released from prison during the probationary period;

b) Persons undergoing educational measures at the commune, ward, town level, compulsory educational institutions, compulsory drug rehabilitation centers, or juvenile correction schools; persons required to undergo compulsory educational institutions, compulsory drug rehabilitation centers, or juvenile correction schools but currently on hold or suspended execution; persons under supervision during the process of considering and deciding on compulsory educational institutions, compulsory drug rehabilitation centers, or juvenile correction schools;

c) Persons isolated due to the risk of spreading diseases to the community;

d) Locations or areas under quarantine due to disease prevention and control decisions by competent authorities; areas under emergency status as prescribed by law; locations where new permanent residence registration, new temporary residence registration, or household separation are not allowed as prescribed by this Law;

e) Other cases as prescribed by law.

3. The implementation of the right to freedom of residence of citizens shall only be restricted as prescribed by law. The content and duration of the restriction on the right to freedom of residence shall be carried out according to the final and binding judgments, decisions of the Court, or decisions of other competent state agencies, or as prescribed by relevant laws.

Article 5. Ensuring the exercise of citizens' freedom of residence and managing residence

1. The State has comprehensive policies and measures to ensure the exercise of citizens' freedom of residence.

2. The State ensures the budget, material infrastructure, human resources, and investment in advanced and modern technology for registration and management activities related to residence.

Article 6. International cooperation on residence management

The Socialist Republic of Vietnam implements international cooperation on residence management in accordance with Vietnamese law and international law; it fulfills international treaties related to residence management where the Socialist Republic of Vietnam is a member.

Article 7. Prohibited acts concerning residence

1. Obstructing citizens from exercising their freedom of residence.

2. Misusing information about permanent or temporary residence as a condition to limit citizens' lawful rights and interests.

3. Offering, brokering, receiving bribes in connection with residence registration and management.

4. Refusing to accept, delaying the acceptance of registration files, documents, information, or engaging in other forms of harassment; failing to process or processing late the registration of residence for citizens when the registration files meet the conditions; deleting permanent or temporary residence registrations contrary to the provisions of the law.

5. Collecting, managing, using registration fees contrary to the provisions of the law.

6. Unilaterally setting deadlines, procedures, documents, materials, or forms contrary to the provisions of the law or distorting information, records, or files related to residence.

7. Intentionally issuing or refusing to issue documents, materials related to residence contrary to the provisions of the law.

8. Exploiting the exercise of freedom of residence to infringe upon the State's interests, the lawful rights and interests of organizations and individuals.

9. Forging documents, materials, data related to residence; using forged documents, materials, data related to residence; providing false information, documents, materials related to residence; falsely declaring conditions, forging files, documents, materials to obtain permanent or temporary residence registration; buying, selling, renting, lending, borrowing, pledging, receiving pledges, destroying documents, materials related to residence.

10. Organizing, inciting, urging, enticing, assisting, coercing others to violate laws on residence.

11. Approving permanent or temporary residence registration for persons who are known not to reside at the registered address.

12. Agreeing to allow others to register permanent or temporary residence at their place of residence for personal gain or where the registrant does not actually reside there.

13. Unauthorized access, exploitation, destruction, obstruction, interruption of operations, alteration, deletion, dissemination, or illegal provision of information in the Residence Database.

Chapter II

RIGHTS AND OBLIGATIONS OF CITIZENS REGARDING RESIDENCE

Article 8. Rights of citizens regarding residence

1. Choosing and deciding their place of residence, registering residence in compliance with this Law and other relevant laws.

2. Being guaranteed the confidentiality of personal and household information in the National Population Database, except as provided by law.

3. Accessing information about their residence in the National Population Database; being confirmed by the registration authority nationwide regardless of their place of residence upon request.

4. Having their residence information updated or adjusted in the Residence Database when there are changes or upon request.

5. Receiving information and materials related to the exercise of their freedom of residence upon request.

6. Having the competent state authorities implement measures to protect their freedom of residence.

7. Filing complaints, reports, or lawsuits against violations of laws on residence according to the law.

Article 9. Obligations of citizens regarding residence

1. Implement registration of residence in accordance with the provisions of this Law and other relevant laws.

2. Provide complete, accurate, and timely information, documents, and materials related to their residence to competent authorities and bear responsibility for the information, documents, and materials provided.

3. Pay the registration fee for residence in accordance with the provisions of the Law on Fees and Charges.

Article 10. Rights and obligations of household heads and family members regarding residence

1. Persons living together at a legal place of residence and having familial relationships such as grandparents, parents, spouse, children, and full siblings may register permanent residence and temporary residence as a family unit.

2. A person not falling under the circumstances specified in Clause 1 of this Article, if they meet the conditions for registering permanent residence and temporary residence at the same legal place of residence as stipulated in this Law, may register permanent residence and temporary residence within the same family unit.

3. Multiple family units may register permanent residence and temporary residence at the same legal place of residence.

4. The household head is a person with full capacity for civil acts nominated by all members of the family unit; in cases where there is no person with full capacity for civil acts, the household head is a person nominated by all members of the family unit; in cases where members of the family unit cannot nominate, the household head is a member of the family unit determined by the Court. In cases where the family unit consists of only one person, that person is the household head.

5. The household head has the right and obligation to implement, create conditions, and guide family members to comply with the regulations on registration and management of residence and other contents as prescribed by this Law; notify the registration authority about the presence of a member in the family unit who falls under the circumstances specified in Clause 1 of Article 24 and Clause 1 of Article 29 of this Law.

6. Family members have the right and obligation to jointly nominate the household head; fully comply with the regulations on registration and management of residence.

Chapter III

PLACE OF RESIDENCE

Article 11. Place of Residence of Citizens

1. The place of residence of citizens includes permanent residence and temporary residence.

2. In cases where permanent residence and temporary residence cannot be determined, the place of residence of citizens is their current place of stay as defined in Clause 1 of Article 19 of this Law.

Article 12. Place of Residence of Minors

1. The place of residence of minors is the place of residence of their parents; if the parents have different places of residence, the place of residence of the minor is the place of residence of the parent with whom the minor lives together regularly; in cases where the regular cohabitation place cannot be determined, the place of residence of the minor is the place agreed upon by the parents; in cases where the parents cannot agree, the place of residence of the minor is decided by the Court.

2. A minor may have a place of residence different from that of their parents if it is agreed upon by both parents or as prescribed by law.

Article 13. Place of Residence of Persons Under Guardianship

1. The place of residence of persons under guardianship is the place of residence of the guardian.

2. Persons under guardianship may have a place of residence different from that of the guardian if it is agreed upon by the guardian or as prescribed by law.

Article 14. Place of residence of husband and wife

1. The place of residence of husband and wife is the place where they live together on a regular basis.

2. Husband and wife may have different places of residence according to their agreement or as provided for by relevant laws.

Article 15. Place of residence of persons studying, working, or serving in the armed forces

1. The place of residence of officers, non-commissioned officers, soldiers, professional military personnel, defense workers, students, and trainees at People's Army schools is the location of the unit to which they belong, except when officers, non-commissioned officers, soldiers, professional military personnel, and defense workers have a different place of residence as prescribed by this Law.

2. The place of residence of officers in specialized positions, non-commissioned officers in specialized positions, technical officers, non-commissioned officers in technical positions, students, trainees, conscript non-commissioned officers, conscript soldiers, and public security workers is the location of the unit to which they belong, except when officers in specialized positions, non-commissioned officers in specialized positions, technical officers, non-commissioned officers in technical positions, and public security workers have a different place of residence as prescribed by this Law.

3. The conditions, documents, and procedures for registering permanent residence and temporary residence at the location of the unit for persons specified in Clause 1 of this Article shall be prescribed by the Minister of National Defense, and for persons specified in Clause 2 of this Article shall be prescribed by the Minister of Public Security.

Article 16. Place of residence of persons living or working in a mobile profession on ships, boats, or other movable means of transportation

1. The place of residence of persons living or working in a mobile profession on ships, boats, or other movable means of transportation (hereinafter referred to as means of transportation) is the registered location of such means of transportation, except when they have a different place of residence as prescribed by this Law. In cases where the means of transportation is not required to be registered or the registered location of the means of transportation does not coincide with its usual mooring or parking location, the place of residence of persons living or working in a mobile profession is the location where the means of transportation usually moors or parks.

2. The Government shall provide detailed regulations for this Article.

Article 17. Place of residence of persons engaged in religious activities, children, persons with disabilities, and persons without support residing in religious facilities

1. The place of residence of persons engaged in religious activities, monks, clergy, religious functionaries, and others engaged in religious activities residing in religious facilities is the religious facility, except when they have a different place of residence as prescribed by this Law.

2. The place of residence of children, severely disabled persons, seriously disabled persons, and persons without support who are adopted and reside in religious facilities is the religious facility.

Article 18. Place of residence of persons being cared for, raised, or assisted

1. The place of residence of persons being cared for, raised, or assisted at social assistance facilities is the social assistance facility.

2. The place of residence of persons being cared for or raised in the community is the place of residence of the person providing care or raising.

Article 19. Place of residence of persons without a permanent or temporary residence

1. The place of residence of persons without both a permanent and temporary residence due to not meeting the conditions for registering permanent or temporary residence is their current place of stay; if there is no specific address, the current place of stay is determined as the commune-level administrative unit where the person actually resides. Persons without a permanent or temporary residence must report information about their residence to the registration authority at their current place of stay.

2. The registration authority has the responsibility to guide the reporting of residence information according to the fields of information in the National Population Database and the Residence Registration Database.

3. In cases where persons specified in Clause 1 of this Article do not yet have information in the National Population Database and the Residence Registration Database, within thirty days from the date of receiving the reported information, the registration authority shall conduct verification and confirmation of the information; in complex cases, it can be extended but not exceeding sixty days.

4. In cases where persons specified in Clause 1 of this Article already have information in the National Population Database and the Residence Registration Database, within five working days from the date of receiving the reported information, the registration authority shall conduct verification and confirmation of the information.

5. After verification and confirmation, the registration authority updates the citizen's information about their current place of stay and other information into the National Population Database and the Residence Registration Database and notifies the person who reported the information about the update.

6. In cases where there is a change in residence information, citizens must report again to the registration authority to review and adjust the citizen's information in the National Population Database and the Residence Registration Database; when meeting the conditions prescribed by this Law, they must complete the procedures for registering permanent residence or temporary residence.

7. The Government shall provide detailed regulations on this matter.

Chapter IV

 REGISTRATION OF PERMANENT RESIDENCE

Article 20. Conditions for Registration of Permanent Residence

1. Citizens with a legal place of residence under their own ownership may register permanent residence at that legal place of residence.

2. Citizens may register permanent residence at a legal place of residence not under their own ownership when they obtain the consent of the head of household and the owner of the legal place of residence in the following cases:

a) A wife moving to live with her husband; a husband moving to live with his wife; a child moving to live with their father or mother; a father or mother moving to live with their child;

b) An elderly person moving to live with their brother, sister, younger brother, nephew; a person with severe disability, a person with serious disability, a person without labor capacity, a person suffering from mental illness or other diseases causing loss of cognitive ability and control over behavior moving to live with their paternal grandfather, paternal grandmother, maternal grandfather, maternal grandmother, brother, sister, younger brother, uncle, cousin, uncle-in-law, aunt, niece, guardian;

c) An underage person moving to live with their paternal great-grandfather, paternal great-grandmother, maternal great-grandfather, maternal great-grandmother, grandfather, grandmother, brother, sister, younger brother, uncle, cousin, uncle-in-law, aunt, niece with the consent of their parents or guardian, or without parents; an underage person moving to live with their guardian.

3. Except for the cases provided for in Clause 2 of this Article, citizens may register permanent residence at a legal place of residence obtained through renting, borrowing, or staying with others if they meet the following conditions:

a) Obtaining the consent of the owner of the legal place of residence to register permanent residence at the rented, borrowed, or stayed-with place, and obtaining the consent of the head of household if registering into the same household;

b) Ensuring the minimum living area as prescribed by the People's Council of the province but not less than 08 square meters per person.

4. Citizens may register permanent residence at a place of worship or religious facility with auxiliary housing when they fall into one of the following cases:

a) Religious personnel appointed, ordained, elected, or transferred to work at a religious facility;

b) Representatives of a place of worship;

c) Persons permitted by the representative or management board of the place of worship to register permanent residence to directly manage and organize worship activities at the place of worship;

d) Children, persons with severe disability, persons with serious disability, persons without support are permitted by the representative or management board of the place of worship, or the head or representative of the religious facility to register permanent residence.

5. Persons receiving care, support, or assistance may register permanent residence at a social welfare facility upon the consent of the head of the facility or may register permanent residence into a household receiving care and support upon the consent of the head of household and the owner of the legal place of residence.

6. Persons residing or working on mobile means of transportation may register permanent residence on such means of transportation if they meet the following conditions:

a) Being the owner of the means of transportation or obtaining the consent of the owner to register permanent residence;

b) The means of transportation being registered and inspected according to the provisions of the law; in cases where the means of transportation does not require registration and inspection, there must be a confirmation from the People's Committee of the commune where the means of transportation regularly parks or docks regarding its use for residential purposes;

c) Having a confirmation from the People's Committee of the commune regarding the regular parking or docking of the means of transportation within the territory in cases where it is not required to be registered or the registration location does not match the regular parking or docking location.

7. The registration of permanent residence for underage persons must be agreed upon by their parents or guardians, except in cases where the place of residence of the underage person is determined by the Court.

8. Citizens shall not register new permanent residence at places of residence specified in Article 23 of this Law, except for the cases provided for in point a of Clause 2 of this Article.

Article 21. Registration Documents for Permanent Residence

1. The registration documents for permanent residence for persons specified in Clause 1 of Article 20 of this Law include:

a) A form to change residential information;

b) Documents and evidence proving legal ownership of the place of residence.

2. The registration documents for permanent residence for persons specified in Clause 2 of Article 20 of this Law include:

a) A form to change residential information, clearly stating the consent for registration of permanent residence from the head of household, the legal owner of the place of residence, or the authorized person, except when such consent has already been provided in writing;

b) Documents and evidence proving kinship with the head of household or members of the family household, except when such kinship is already reflected in the National Population Database or the Residency Database;

c) Documents and evidence proving other conditions as stipulated in Point b and Point c of Clause 2 of Article 20 of this Law.

3. The registration documents for permanent residence for persons specified in Clause 3 of Article 20 of this Law include:

a) A form to change residential information, clearly stating the consent for registration of permanent residence from the head of household, the legal owner of the rented, lent, or allowed-to-live-in place of residence, or the authorized person, except when such consent has already been provided in writing;

b) A lease agreement, loan agreement, or living arrangement agreement for the legal place of residence that has been notarized or certified according to the provisions of the law;

c) Documents and evidence proving sufficient housing area to meet the requirements for registration of permanent residence.

4. The registration documents for permanent residence for persons specified in Points a, b, and c of Clause 4 of Article 20 of this Law include:

a) A form to change residential information; for persons specified in Point c of Clause 4 of Article 20 of this Law, the form must clearly state the consent for registration of permanent residence from the representative or management board of the religious belief facility, except when such consent has already been provided in writing;

b) Documents and evidence proving that the individual is a monk, priest, religious worker, or another person engaged in religious activities and permitted to operate at the religious facility as stipulated by the law on beliefs and religions for persons specified in Point a of Clause 4 of Article 20 of this Law; documents and evidence proving that the individual is the representative of the religious belief facility for persons specified in Point b of Clause 4 of Article 20 of this Law;

c) A confirmation document from the People's Committee of the commune regarding the presence of a supporting structure as a dwelling within the religious belief facility or religious facility.

5. The registration documents for permanent residence for persons specified in Point d of Clause 4 of Article 20 of this Law include:

a) A form to change residential information, clearly stating the consent for registration of permanent residence from the representative or management board of the religious belief facility or the head or representative of the religious facility, except when such consent has already been provided in writing;

b) A confirmation document from the People's Committee of the commune regarding the fact that the person registering for permanent residence falls under the category specified in Clause 2 of Article 17 of this Law and the presence of a supporting structure as a dwelling within the religious belief facility or religious facility.

6. The registration documents for permanent residence for persons specified in Clause 5 of Article 20 of this Law include:

a) A form to change residential information; for individuals or households receiving care and support, the form must clearly state the consent for registration of permanent residence from the head of the household providing care and support, the legal owner of the place of residence of the individual or household receiving care and support, or the authorized person, except when such consent has already been provided in writing;

b) A request letter from the head of the social assistance facility for individuals receiving care and support or assistance from the social assistance facility;

c) Documents and evidence confirming the provision of care, support, and assistance.

7. The registration documents for permanent residence for persons specified in Clause 6 of Article 20 of this Law include:

a) A form to change residential information; for individuals registering for permanent residence who are not the owners of the means of transportation, the form must clearly state the consent for registration of permanent residence from the owner of the means of transportation or the authorized person, except when such consent has already been provided in writing;

b) A certificate of registration for the means of transportation and a certificate of technical safety and environmental protection for the means of transportation, or a confirmation document from the People's Committee of the commune regarding the use of the means of transportation for residential purposes for means of transportation that are not required to be registered or inspected;

c) A confirmation document from the People's Committee of the commune regarding the location where the means of transportation is regularly parked or docked, in cases where the means of transportation does not need to be registered or the registration location does not match the regular parking or docking location.

8. In cases where the person registering for permanent residence specified in Clauses 1, 2, 3, 4, 5, 6, and 7 of this Article is a minor, the form to change residential information must clearly state the consent of the parent or guardian, except when such consent has already been provided in writing.

9. In cases where the person registering for permanent residence specified in Clauses 1, 2, 3, 4, 5, 6, and 7 of this Article is a Vietnamese citizen residing abroad who still holds Vietnamese citizenship, the registration documents for permanent residence must include a valid Vietnamese passport; if there is no valid Vietnamese passport, other documents and evidence proving Vietnamese citizenship and a written consent for permanent residence issued by the immigration management agency of the Ministry of Public Security must be included.

10. The Government shall provide detailed regulations on types of documents and evidence proving legal residence and documents and evidence proving kinship as stipulated in this Article.

Article 22. Procedures for Registration of Permanent Residence

1. The person registering permanent residence shall submit the application for registration of permanent residence to the registration authority at the place where they reside.

2. Upon receiving the application for registration of permanent residence, the registration authority shall examine the application and issue a receipt to the applicant; in cases where the application is incomplete, the authority shall guide the applicant to supplement the application.

3. Within seven working days from the date of receiving a complete and valid application, the registration authority shall be responsible for reviewing, updating information about the new place of permanent residence of the applicant into the Database on Residency and notify the applicant of the update of the permanent residence registration information; in case of refusal to register, it must respond in writing and specify the reasons.

4. A person who has registered permanent residence and moves to another lawful place of residence and meets the conditions for registration of permanent residence shall be responsible for registering permanent residence at the new place of residence in accordance with this Law within twelve months from the date of meeting the registration conditions.

Article 23. Locations Not Permitted for New Registration of Permanent Residence

1. Places of residence located within prohibited areas, construction prohibition zones, or encroachment areas of defense and security protection corridors, traffic, water conservancy, dyke, energy, technical infrastructure protection markers, historical and cultural sites classified by law, areas warned of landslide, flash flood, and pipe flood risks, and other protected areas according to law.

2. Places of residence where the entire area of housing is built on illegally encroached land or where the construction area does not meet the legal requirements for construction.

3. Places of residence that have been decided to recover land and approved compensation, support, and resettlement plans by competent state agencies; places of residence that are houses where part or all of the housing area is currently in dispute or complaint related to ownership and usage rights but have not yet been resolved according to law.

4. Places of residence that have been confiscated according to decisions of competent state agencies; means of transportation used for registration of permanent residence that have been deregistered or do not have certificates of technical safety and environmental protection according to law.

5. Places of residence that are houses that have been decided to demolish by competent state agencies.

Article 24. Cancellation of Registration of Permanent Residence

1. Persons falling under any of the following circumstances shall have their registration of permanent residence canceled:

a) Death; having a court decision declaring disappearance or death;

b) Leaving the country to settle abroad;

c) Having a decision to cancel the registration of permanent residence as stipulated in Article 35 of this Law;

d) Being absent continuously from the place of permanent residence for twelve months or more without registering temporary residence at another place of residence or declaring temporary absence, except in cases of departure from the country but not for settlement abroad or in cases of serving a criminal sentence, compulsory educational measures, compulsory drug rehabilitation measures, or juvenile correctional schools;

đ) Having been granted permission to renounce Vietnamese citizenship, deprived of Vietnamese citizenship, or had a decision to grant Vietnamese citizenship revoked by a competent authority;

e) A person who has registered permanent residence at a place of residence rented, borrowed, or stayed at the invitation of others but has ended the rental, borrowing, or staying at the invitation and has not registered permanent residence at a new place of residence within twelve months from the end of the rental, borrowing, or staying at the invitation, except in the case provided for in point h of this clause;

g) A person who has registered permanent residence at a lawful place of residence but subsequently the ownership of that place of residence has been transferred to another person and has not registered permanent residence at a new place of residence within twelve months from the date of transfer of ownership, except in cases where the new owner agrees to continue renting, lending, inviting to stay, and allowing registration of permanent residence at that place of residence or in the case provided for in point h of this clause;

h) A person who has registered permanent residence at a place of residence rented, borrowed, or stayed at the invitation of others but has ended the rental, borrowing, or staying at the invitation and has not obtained the consent of the landlord, lender, or inviter to retain the registration of permanent residence at that place of residence; a person who has registered permanent residence at a place of residence owned by themselves but has transferred the ownership of that place of residence to another person and has not obtained the consent of the new owner to retain the registration of permanent residence at that place of residence;

i) A person who has registered permanent residence at a place of residence that has been demolished or confiscated according to the decision of a competent state agency or at a means of transportation that has been deregistered according to law.

2. The registration authority that has the authority to cancel the registration of permanent residence shall record the reason and the cancellation date in the Database on Residency.

3. The Government shall provide detailed regulations on the documents and procedures for cancellation of registration of permanent residence.

Article 25. Splitting Households

1. Members of a household may apply to split households to register their permanent residence at the same legal place of residence when they meet the following conditions:

a) Having full capacity for civil acts; in cases where multiple members apply to split households to form a new household, there must be at least one member with full capacity for civil acts among them;

b) Receiving the consent of the head of the household and the owner of the legal place of residence, except in cases where a member of the household applying to split households is a spouse who has been divorced but still shares the legal place of residence;

c) The place of permanent residence of the household does not fall under the circumstances specified in Article 23 of this Law.

2. The application for splitting households includes a declaration of change in residential information, which clearly states the consent of the head of the household and the owner of the legal place of residence, except in cases where such consent has already been given in writing. In cases of splitting households after divorce as stipulated in point b, Clause 1 of this Article, the application for splitting households includes a declaration of change in residential information, documents, and evidence proving the divorce and continued use of the legal place of residence.

3. The procedure for splitting households shall be carried out as follows:

a) The person applying to split households submits the application as prescribed in Clause 2 of this Article to the registration authority;

b) Within five working days from the date of receiving a complete and valid application, the registration authority is responsible for reviewing, updating the information about the household related to the splitting process into the Residential Database, and notifying the applicant of the update; if the splitting request is refused, it must be notified in writing and the reasons stated.

Article 26. Adjusting Information on Residency in the Residential Database

1. The adjustment of information on residency of citizens shall be carried out in the following cases:

a) Change of head of household;

b) Change of household registration information compared to the information stored in the Residential Database;

c) Change of address in the Residential Database due to administrative boundary adjustments, name changes of administrative units, street names, neighborhood names, village names, hamlet names, commune names, ward names, house numbering.

2. The application for adjusting information on residency as prescribed in points a and b Clause 1 of this Article includes:

a) A form to change residential information;

b) Documents and evidence proving the adjustment of information.

3. The procedure for adjusting information on residency shall be carried out as follows:

a) For the case prescribed in point a Clause 1 of this Article, a member of the household submits the application as prescribed in Clause 2 of this Article to the registration authority. Within three working days from the date of receiving a complete and valid application, the registration authority is responsible for adjusting the information on the head of household in the Residential Database and notifying the member of the household of the update; if the adjustment is refused, it must be notified in writing and the reasons stated;

b) For the case prescribed in point b Clause 1 of this Article, within thirty days from the date of the decision by the competent authority to change household registration information, the person whose information is being adjusted submits the application for registering the adjustment of information in the Residential Database as prescribed in Clause 2 of this Article to the registration authority. Within three working days from the date of receiving a complete and valid application, the registration authority is responsible for adjusting the household registration information in the Residential Database and notifying the applicant of the update; if the adjustment is refused, it must be notified in writing and the reasons stated;

c) For the case prescribed in point c Clause 1 of this Article, the registration authority is responsible for adjusting and updating the changed information in the Residential Database.

Chapter V

REGISTRATION OF TEMPORARY RESIDENCE, NOTIFICATION OF RESIDENCE,

REPORTING OF TEMPORARY ABSENCE

Article 27. Conditions for Temporary Residence Registration

1. Citizens coming to reside at a legal place of residence outside the administrative unit where they have registered their permanent residence for labor, study, or other purposes for thirty days or more must carry out temporary residence registration.

2. The maximum duration of temporary residence is two years and may be extended multiple times.

3. Citizens are not allowed to register new temporary residence at the place of residence specified in Article 23 of this Law.

Article 28. Documents and Procedures for Temporary Residence Registration and Extension

1. Documents for temporary residence registration include:

a) A form to change residential information; for minors registering temporary residence, the form must clearly state the consent of parents or guardians, except when such consent has been provided in writing.

b) Documents and materials proving legal place of residence.

2. Individuals applying for temporary residence registration shall submit the application to the registration authority at the location where they intend to temporarily reside. Upon receiving the application, the registration authority will check and issue a receipt for the application; if the application is incomplete, the applicant will be instructed to supplement the missing documents. Within three working days from the date of receiving a complete and valid application, the registration authority is responsible for verifying, updating the new temporary residence information and the duration of temporary residence into the Population Database, and notifying the applicant about the update of the temporary residence registration information; in case of refusal, a written response with reasons must be provided.

3. Within fifteen days before the end of the registered temporary residence period, citizens must complete the procedures for extending temporary residence. The documents and procedures for extending temporary residence are carried out according to the provisions of Clause 1 and Clause 2 of this Article. After reviewing the documents, the registration authority is responsible for updating the new temporary residence period information of the applicant into the Population Database and notifying the applicant about the update of the temporary residence registration information; in case of refusal, a written response with reasons must be provided.

Article 29. Cancellation of Temporary Residence Registration

1. Individuals falling under any of the following circumstances shall have their temporary residence registration canceled:

a) Death; having a court decision declaring disappearance or death;

b) Having a decision to revoke the temporary residence registration as stipulated in Article 35 of this Law;

c) Being absent continuously from the temporary residence location for six months or more without registering temporary residence at another place;

d) Having been granted permission to renounce Vietnamese citizenship, deprived of Vietnamese citizenship, or had the decision to grant Vietnamese citizenship revoked by the competent authority;

đ) Having been registered for permanent residence at the same location where they were temporarily residing;

e) Individuals who have registered temporary residence at a place of residence obtained through renting, borrowing, or staying as a guest but have terminated these arrangements without registering temporary residence at another place;

g) Individuals who have registered temporary residence at a legal place of residence but subsequently the ownership of that place has been transferred to another person, except when the new owner agrees to allow them to continue living there;

h) Individuals who have registered temporary residence at a place of residence that has been demolished or confiscated according to a decision by a competent state agency or at a means of transportation that has been deregistered according to the law.

2. The authority that registered the temporary residence has the right to cancel the temporary residence registration and must record the reason and the cancellation date in the Population Database.

3. The Government shall specify detailed documents and procedures for canceling temporary residence registration.

Article 30. Notification of Stay

1. When a person comes to stay, a member of the household, the representative of a medical facility, a tourist accommodation facility, and other facilities with accommodation functions shall be responsible for notifying the stay to the registration authority; in cases where a person stays at the residence of an individual or a household and the individual or a member of the household is not present at that residence, the person staying shall be responsible for notifying the stay to the registration authority.

2. The notification of stay shall be made directly, by telephone, electronic means, or other means prescribed by the Minister of Public Security.

3. The content of the notification of stay includes the name, personal identification number or citizen identification card number, passport number of the person staying; reason for staying; duration of stay; address of stay.

4. The notification of stay shall be made before 23 hours on the day the stay begins; in cases where a person arrives to stay after 23 hours, the notification of stay shall be made before 08 hours the following day; in cases where grandparents, parents, spouse, children, grandchildren, siblings, or half-siblings come to stay multiple times, it is only necessary to notify the stay once.

5. The notification of stay shall be recorded in the accommodation reception book.

Article 31. Declaration of Temporary Absence

1. Citizens shall be responsible for declaring temporary absence in the following cases:

b) Leaving the administrative unit at the commune level where they reside for one day or more for persons serving educational measures at the commune, ward, town level; persons required to serve compulsory educational measures, compulsory drug rehabilitation measures, or juvenile training schools but suspended from enforcement or temporarily suspended from enforcement; persons under management during the process of considering and deciding on compulsory educational measures, compulsory drug rehabilitation measures, or juvenile training schools;

c) Leaving the administrative unit at the district level where they reside for three consecutive months or more for persons within the age range for performing military service obligations or persons required to perform other obligations to the State according to the decision of the competent state agency;

d) Leaving the administrative unit at the commune level where they are registered residents for twelve consecutive months or more for persons not falling under the provisions of points a, b, and c of this clause, except in cases where they have registered temporary residence at a new place of residence or have left the country.

2. Before leaving their place of residence, persons specified in points a and b of Clause 1 of this Article must report their temporary absence to the registration authority at their place of residence; when reporting temporary absence, they must submit a request for declaration of temporary absence and a consent document from the supervising, managing, or educational authority overseeing them. The registration authority shall be responsible for guiding and checking the content of the declaration. Within one working day from the date of receiving the request for declaration of temporary absence, the registration authority shall issue a temporary absence declaration form to the citizen; in complex cases, the processing time may be extended but shall not exceed two working days.

3. Persons specified in points c and d of Clause 1 of this Article may report their temporary absence directly to the registration authority at their place of residence or declare through telephone, electronic means, or other means prescribed by the Minister of Public Security. In cases where persons specified in point d of Clause 1 of this Article are minors, the person making the declaration shall be the parent or guardian.

4. The content of the declaration of temporary absence includes the name, personal identification number or citizen identification card number, passport number of the person declaring temporary absence; reason for temporary absence; duration of temporary absence; address of destination.

5. The registration authority shall be responsible for updating the information of the citizen's declaration of temporary absence into the Database on Residence and informing the declarant about the update of the declaration of temporary absence upon request.

Chapter VI

DUTIES OF RESIDENCE MANAGEMENT

Article 32. State Management Responsibilities for Residency

1. The Government shall uniformly manage state affairs concerning residency throughout the country.

2. The Ministry of Public Security shall be responsible before the Government for implementing state management over residency and shall have the following responsibilities:

a) Drafting and submitting to the Government for issuance, or issuing within its authority, normative legal documents on residency;

b) Directing and organizing the implementation of normative legal documents on residency; organizing the registration and management of residency nationwide, updating information on residency into the National Population Database and the Residency Database;

c) Suspending, abolishing within its authority, or recommending the competent authority to abolish provisions on residency management that contravene this Law;

d) Issuing, printing, and managing residency change information forms and related documents, materials, forms, and registers;

đ) Equipping machinery, means, and equipment; arranging, training, and enhancing cadres engaged in residency management work;

e) Conducting national statistics on residency, summarizing, researching scientific issues on residency management, organizing publicity, dissemination, and legal education on residency;

g) Inspecting, auditing, handling complaints, denunciations, and enforcing violations of laws on residency according to the provisions of the law;

h) International cooperation on residency management.

3. Ministries, agencies at the ministerial level, within their assigned tasks and authorities, shall be responsible for implementing state management over residency according to the division of labor by the Government.

4. People's Committees at all levels, within their assigned tasks and authorities, shall have the following responsibilities:

a) Organizing the implementation of normative legal documents on residency at the local level;

b) Directing coordination among relevant agencies at the local level regarding residency management;

c) Organizing publicity, dissemination, and legal education on residency;

d) Inspecting, auditing, handling complaints, denunciations, and enforcing violations of laws on residency according to the provisions of the law.

Article 33. Responsibilities of the Residency Registration Authority

1. Publicly posting administrative procedures; guiding organizations, individuals, households in complying with legal regulations on residency; publicly announcing locations, phone numbers, or other methods for receiving residence notifications, temporary absence declarations.

2. Updating citizens' residency information into the National Population Database and the Residency Database.

3. Confirming residency information, notifying the results of permanent residency registration, temporary residency registration, temporary residency extension, information declaration, residency information adjustment, household separation, temporary absence declaration in the form of written documents, electronic messages, or other forms as prescribed by the Minister of Public Security.

4. Managing and storing residency registration and management files, documents, and ensuring the confidentiality of citizens' residency registration information.

5. Handling citizens' petitions, complaints, and denunciations related to residency and residency management within their authority.

Article 34. Personnel Engaged in Residency Registration

1. Personnel engaged in residency registration must be trained and enhanced in specialized knowledge and skills appropriate to the assigned tasks.

2. When performing their duties, personnel engaged in residency registration must maintain a serious, humble, and courteous attitude, language, and behavior; accept, check related files, documents, and materials, and resolve them within the stipulated time according to this Law; if the file is incomplete or invalid, they must provide specific and detailed written guidance and bear legal responsibility for such guidance.

Article 35. Revocation of Permanent Residence Registration and Temporary Residence Registration

Where the agency or person responsible for permanent residence registration or temporary residence registration acts beyond their authority, or does not comply with the prescribed objects and conditions under this Law, the agency that carried out the registration or the head of the direct superior agency of the registering agency shall be responsible for issuing a decision to revoke such registration. The registering agency shall be responsible for notifying the registrant in writing and specifying the reasons.

Article 36. Database on Residency

1. The database on residency is established to serve state management of residency and is a national asset managed uniformly by the Ministry of Public Security.

2. The database on residency must ensure connectivity with the National Population Database and other databases as prescribed by law, meeting standards for databases and technical standards for information technology.

3. The collection, storage, processing, protection, exploitation, and use of data on residency must meet the following requirements:

a) Utilize information technology to collect, store, and process residency information comprehensively, quickly, and accurately; ensure data security according to the principles and formats of the database system;

b) Ensure the safety of devices storing residency information and documents;

c) Protect cybersecurity and information security related to residency on computer networks; ensure the safety of information and documents stored in the database on residency; prevent and combat acts of attacking, intruding, stealing information, destroying, or damaging residency data;

d) Any access to the database on residency to change citizens' residency information must be approved by the head of the residency registration agency or another authorized agency;

e) Agencies, organizations, and individuals may not provide, exchange, copy, or print illegally information or documents from the database on residency.

4. The Government shall specify detailed regulations on the construction, management, and use of the database on residency, information within the database on residency, and the provision and exchange of information and documents from the database on residency to agencies, organizations, and individuals.

Chapter VII

IMPLEMENTATION PROVISIONS

Article 37. Amendment, Supplement, and Abolition of Certain Provisions of Relevant Laws Pertaining to Residency Management

1. Amend and supplement Clause 1 of Article 9 of the Law on Identity Cards No. 59/2014/QH13 as follows:
"1. The information collected and updated includes:
a) Surname, middle name, and given name at birth;
b) Date of birth;
c) Gender;
d) Place of birth registration;
e) Place of origin;
e) Ethnicity;
g) Religion;
h) Citizenship;
i) Marital status;
k) Place of permanent residence;
l) Place of temporary residence;
m) Status of temporary absence declaration;
n) Current place of residence;
o) Relationship with the household head;
p) Blood group, when requested by the citizen and provided with a conclusion on blood group testing of the individual;
q) Surname, middle name, given name, personal identification number, or ID card number, nationality of father, mother, spouse, or legal representative;
r) Surname, middle name, given name, personal identification number, or ID card number of the household head and members of the household;
s) Date, month, year of death or disappearance."

2. Amend and supplement Clause 7 of Article 2 of the Health Insurance Law No. 25/2008/QH12, which has been amended and supplemented by Laws No. 32/2013/QH13, No. 46/2014/QH13, No. 97/2015/QH13, and No. 35/2018/QH14 as follows:

"7. A household participating in health insurance (hereinafter referred to as a household) consists of people who have registered permanent residence or temporary residence together at a legal place of residence as prescribed by the law on residency."

3. Repeal Clause 3 and Clause 4 of Article 19 of the Law on the Capital City No. 25/2012/QH13.

4. Repeal Point b of Clause 1 of Article 45 of the Law on Criminal Record No. 28/2009/QH12.

Article 38. Implementation Provisions

1. This Law shall take effect from July 1, 2021.

2. The Law on Residence No. 81/2006/QH11, which has been amended and supplemented with some articles according to Law No. 36/2013/QH13, shall cease to be effective from the date this Law takes effect.

3. From the date this Law takes effect, Household Registration Books and Temporary Residence Books that have been issued shall still be used and valid as residence confirmation documents under this Law until December 31, 2022.

In cases where information in the Household Registration Book or Temporary Residence Book differs from information in the Residence Database, the information in the Residence Database shall be used.

When citizens carry out procedures for registering residence leading to changes in information in the Household Registration Book or Temporary Residence Book, the registration authority shall be responsible for recalling the issued Household Registration Book or Temporary Residence Book, making adjustments and updating information in the Residence Database in accordance with this Law, and not issuing new or replacement Household Registration Books or Temporary Residence Books.

4. The Government, Ministries, agencies at the level of ministries, and other related agencies shall review normative legal documents within their authority that contain provisions related to Household Registration Books and Temporary Residence Books or require presentation of residence confirmation documents, to amend and supplement them in accordance with the provisions of this Law, and limit the use of residence information as a condition for administrative procedures.

This Law was passed by the National Assembly of the Socialist Republic of Vietnam, the 14th term, 10th session, on November 13, 2020.