Can I re-register if my permanent residence registration is annulled in Vietnam?

Nội dung chính

• In Vietnam, can I re-register if my permanent residence registration is annulled?
• In Vietnam, what is annulment of permanent residence registration?

In Vietnam, can I re-register if my permanent residence registration is annulled?

Pursuant to Article 20 of the Residence Law 2020 stipulating conditions for permanent residence registration:

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.

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.

4. A citizen may register a folk religious establishment or religious establishment with housing as an auxiliary work as their permanent residence in any of the following cases:

a) The citizen is involved in religious activities and is ordained, appointed to hold a position, selected to hold a hierarchical rank or transferred to carry out religious activities in the religious establishment;

b) The citizen represents the folk religious establishment;

c) The representative or management board of the folk religious establishment agrees to let the citizen register the establishment as their permanent residence for the citizen to oversee and organize religious activities in the establishment directly;

d) The representative or management board of the folk religious establishment or the head or representative of the religious establishment agrees to let the citizen, who is a child, person with very severe disability, person with severe disability or helpless person, register the establishment as their permanent residence.

5. A person receiving care or support may register their social support facility as their permanent residence with the permission of the facility head or register their caregiving household as their permanent residence with the permission of the household head and owner of the lawful place of residence.

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.

7. The permanent residence of a minor must be registered with the permission of either of their parents or their guardian, unless their place of residence is decided by the Court.

8. Citizens may not register the places mentioned in Article 23 of this Law as their new permanent residence, excluding the cases provided for in Point a Clause 2 of this Article.

In Vietnam, what is annulment of permanent residence registration?

Pursuant to Clause 01, Article 20, permanent residence registration of a person will be annulled in any of the following cases:

a) The person is deceased or declared missing or deceased by the Court;

b) The person resides overseas permanently;

c) The person is issued with a decision on annulment of permanent residence registration according to regulations in Article 35 of this Law;

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;

dd) The person is permitted to renounce their Vietnamese citizenship or stripped of their Vietnamese citizenship or has the decision on grant of Vietnamese citizenship annulled by the competent authority;

e) The person registered the place of residence that they were renting, borrowing or staying in as their permanent residence but has stopped renting, borrowing or staying in that place for 12 months and yet to register a new permanent residence, excluding the cases provided for in Point h herein;

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;

i) The person registers a place of residence that has been demolished or confiscated as decided by the competent authority or a vehicle the vehicle registration of which has been annulled as per the law as their permanent residence.

Best regards!