New regulations guiding the Vietnam Law on Residence

(under Decree 154/2024/ND-CP)

On November 26, 2024, the Government issued Decree 154/2024/ND-CP detailing several articles and measures to implement the Law on Residence. This Decree will take effect from January 10, 2025, replacing Decree 62/2021/ND-CP. Below, Viet An Law will update new regulations guiding the Vietnam Law on Residence under Decree 154/2024/ND-CP.

New regulations on residence of people who lack permanent and temporary residence

Compared to the old regulations in Article 4 of Decree 62/2021/ND-CP, Article 4 of Decree 154/2024/ND-CP has some new regulations on the place of residence of people who lack permanent and temporary residence as follows:

Regarding the method of declaring residence information

People who lack permanent and temporary residence must declare information about their residence according to the Residence information change declaration form and submit it online, in person, or via public postal service to the residence registration agency at their current place of residence.

Thus, while the old regulation in Decree 62/2021/ND-CP only required direct declaration at the residence registration agency without mentioning the declaration methods, this new regulation has clearly and more diversely stipulated the methods of declaring residence information. Accordingly, people who lack permanent and temporary residence can:

• Declare online via the electronic system.
• Submit an application directly to the residence registration agency.
• Submit via public postal service.

Online declaration via the electronic system is one of the important new points. This new regulation has created convenience for citizens, especially in the context of digital transformation and administrative modernization.

Regarding handling dishonest information

If the old regulation only mentioned checking and re-verifying but did not stipulate the refusal to accept or the time for re-verification, the new regulation in Clause 3, Article 4 of Decree 154/2024/ND-CP specifically stipulates the following two contents:

• In case of incomplete or inaccurate information: The residence registration agency is responsible for refusing to accept the declared information and requesting the citizen to re-declare for checking and verification.
• Processing time: Stipulate that the time for checking and re-verifying is calculated as the first processing time.

Contents of certificate of residence information

The content of the certificate of residence information pursuant to Clause 4, Article 4 of Decree 154/2024/ND-CP includes basic information about the citizen:

• Surname, middle name, and first name, personal identification number;
• Date of birth;
• Gender, nationality; ethnicity; religion;
• Hometown, place of birth registration; place of residence;
• Date of residence declaration;
• Surname, middle name, and first name of household head; relationship to household head; personal identification number of household head.

Compared to Clause 3, Article 4 of Decree 62/2021/ND-CP, the content of the certificate of residence information pursuant to this new regulation has added the following information: Surname, middle name, and first name of the head of household; relationship with the head of household; personal identification number of the head of household. This regulation aims to increase the detail and connection in managing residence data.

New regulations on papers, documents, and information proving legal residence

When applying for residence registration, citizens must provide information proving legal residence to the residence registration agency. Article 5 of Decree 154/2024/ND-CP does not provide general regulations on papers and documents proving legal residence when registering residence as before but divides it into two specific cases: permanent residence registration and temporary residence registration. Specifically:

Documents proving legal residence for permanent residence registration

Documents proving legal residence for permanent residence registration are one of the papers and documents according to Clause 2, Article 5 of Decree 154/2024/ND-CP. Compared to Clause 1, Article 5 of Decree 62/2021/ND-CP, the new regulation has added additional types of papers and documents proving legal residence, including:

• Documents proving the legal mortgage or pledge of ownership of the residence.
• Temporary housing construction permit.
• Confirmation from the Commune People’s Committee on stable and undisputed use of the house or land.
• Notarized or certified rental, borrowing, or accommodation contracts.
• Documents proving ownership and registration of parking space.
• Other documents related to the issuance of land use rights and house ownership certificates.

This additional and detailed regulation aims to increase transparency, clarity, and coverage of actual cases arising regarding accommodation when registering for permanent residence.

Documents proving legal residence for temporary residence registration

Clause 2, Article 5 of Decree 154/2024/ND-CP has expanded the types of documents proving legal residence when registering for temporary residence, including:

• Citizen’s written commitment to have legal accommodation if there are no other documents.
• Documents of the owner of the tourist accommodation facility or the facility with accommodation function.
• Documents of the agency, organization managing the industrial park, export processing zone, construction project… allowing temporary residence registration.

This regulation creates more flexibility for citizens in proving legal residence when registering for temporary residence, especially for workers or people without real estate ownership documents.

New regulations on papers, documents, and information proving personal relationships

Citizens provide information about their relationships with the head of household and household members to the residence registration authority when submitting their residence registration application. The new regulation in Article 6 of Decree 154/2024/ND-CP has expanded the scope of documents proving personal relationships, including:

• Spouse relationship: In addition to documents such as marriage certificates and confirmation of marital status, the new regulations add identification cards (using encrypted information, stored in the storage section on the ID card).
• Father, mother, child relationship: Add an identity card (using encrypted information, stored in the storage department on the identity card), abolish valid passports containing information showing the personal relationship between father or mother and child.
• Relationship between siblings; paternal and maternal grandparents, paternal and maternal grandparents, aunts and uncles; guardians: Birth certificate, confirmation from the People’s Committee of the commune where they reside, or confirmation from a competent authority according to the provisions of the law on civil status (previously, birth certificate, confirmation from the People’s Committee of the commune or district level).
• Proof of no longer having parents: Add a court decision or confirmation from the People’s Committee that the parents have passed away.
• Elderly: Additional documents such as a membership card of the Vietnam Association of the Elderly.

At the same time, the new regulation has promoted the use of digital technology and electronic data systems, reducing the need for citizens to provide documents through regulations requiring the residence registration agency to proactively exploit information proving personal relationships from the national data system, avoiding unnecessary inconvenience to citizens.

New regulations on residence registration for minors

One of the new regulations guiding the Law on Residence under Decree 154/2024/ND-CP is the first specific regulation on residence registration for minors in Article 7 of Decree 154/2024/ND-CP. Accordingly:

• In case a minor registers permanent residence or temporary residence at the permanent or temporary residence of his/her father or mother, the father mother, or guardian shall declare and confirm their opinions on the Residence information change declaration form.
• In case a minor registers for permanent residence or temporary residence at a place of permanent residence or temporary residence that is not the place of permanent residence or temporary residence of his/her father, mother, or guardian, the father, mother, or guardian shall declare and confirm his/her opinion on the Residence information change declaration form.
• Within a maximum of 60 days from the date the minor’s birth is registered, the father or mother, head of household, or guardian is responsible for carrying out the procedures for permanent residence registration, temporary residence registration, and declaring residence information for the minor.

This regulation has ensured the legal right of residence for minors. At the same time, it clarifies the role of parents, guardians, or heads of households in declaring and confirming residence information. In particular, it allows minors to register their residence at the place of permanent residence of their parents, even if their parents do not live there.

New regulations on records and procedures for deleting residence registration

For permanent residence registration deletion

• Cancellation of regulations: Within 01 day from the date of receiving the decision to cancel permanent residence registration from the direct superior or immediately after issuing the decision to cancel permanent residence registration for the citizen, the residence registration agency shall carry out the deletion of permanent residence registration for the citizen.
• Add a regulation that applicants can choose 3 methods: in-person, online, or via public post.
• Supplementing regulations: When there is information reflected in the National Database about people subject to deregistration, the residence registration agency must check, verify, and carry out the deletion within 01 working day.

Thus, the new regulation has created more convenience for people through many forms of submitting documents and receiving notifications; reducing time and increasing transparency in handling procedures for permanent residence registration deletion.

For temporary residence registration deletion

• Extend the processing time for temporary residence registration deletion applications: 03 working days from the date of receipt of valid applications (old regulation is 2 working days);
• Flexible application submission and notification methods, including online electronic forms (similar to permanent residence registration deletion).

It can be seen that the new regulations guiding the Vietnam Law on Residence under Decree 154/2024/ND-CP have created a solid legal basis for managing citizens’ residences, ensuring the rights and obligations of people in registering and carrying out legal procedures on residence.

Above are some new regulations guiding the Vietnam Law on Residence under Decree 154/2024/ND-CP. If you have any related questions, please contact Viet An Law for the best advice and support!