LAW ON RESIDENCE Pursuant to the Constitution of the Socialist Republic of Vietnam; The National Assembly promulgates the Law on Residence. Chapter I GENERAL PROVISIONS Article 1. Scope of regulation This Law provides for the exercise of the right to freedom of residence of Vietnamese citizens in the territory of the Socialist Republic of Vietnam; residence registration and management; and rights, obligations and responsibilities of citizens, agencies and organizations regarding residence registration and management. Article 2. Interpretation of terms In this Law, the terms below are construed as follows: 1. Lawful place of residence means a domicile where a citizen resides and which is under his/her ownership or use rights, and may be a house, ship, boat or another movable vehicle or another domicile in accordance with law. 2. Residence means a citizen’s living at a place in a commune-level administrative unit or a district-level administrative unit where no commune-level administrative unit exists (below collectively referred to as commune-level administrative unit). 3. Residence database means a specialized database with a combination of information on residence of citizens which is digitalized, stored and managed with information infrastructure facilities, and connected and shared with the national population database and other databases in accordance with law. 4. Residence registration offices means residence management offices directly carrying out the registration of residence for citizens, including public security offices of communes, wards or townships; public security divisions of districts, towns, provincial cities or municipal cities of localities where no commune-level administrative units exist. 5. Residence registration means performance of procedures for permanent residence registration, temporary residence registration, temporary absence declaration, stay notification, and residence information declaration and modification. 6. Stay means a citizen’s stay at a place other than his/her place of permanent residence or place of temporary residence for a period of under 30 days. 7. Temporary absence means a citizen’s absence from his/her place of residence for a given period of time. 8. Place of permanent residence means a place where a citizen resides stably and permanently and has registered his/her permanent residence. 9. Place of temporary residence means a place where a citizen resides for a given period of time other than his/her place of permanent residence and has registered his/her temporary residence. 10. Current place of residence means a place of permanent residence or place of temporary residence where a citizen habitually resides. In case he/she has no place of permanent residence or place of temporary residence, his/her current place of residence is the place where he/she is actually residing. Article 3. Principles of residence and residence management 1. Observing the Constitution and law. 2. Ensuring harmony between the lawful rights and interests of citizens and interests of the State, community and society; combining the assurance of the right to freedom of residence and other fundamental rights of citizens and responsibilities of the State with the performance of the tasks of socio-economic construction and development, consolidation of national defense and security and assurance of social order and safety. 3. Residence registration order and procedures must be simple, convenient, timely, accurate, public, transparent and trouble-free; residence management must be strict and effective. 4. Residence information must be updated to the national population database and the residence database in accordance with law. At a time, every citizen may have only one place of permanent residence and possibly one more place of temporary residence. 5. Any violation of the law on residence registration and management must be detected and promptly and strictly handled in accordance with law. Article 4. Exercise of the right to freedom of residence of citizens 1. Citizens may exercise their right to freedom of residence in accordance with this Law and other relevant laws. 2. The exercise of the right to freedom of residence of citizens will only be restricted for: a/ Persons who are banned from leaving their places of residence or held in custody or detained as a measure applied by competent proceeding-conducting bodies or persons; persons sentenced to imprisonment against whom decisions on judgment execution have not yet been issued or against whom decisions on judgment execution have been issued but who are entitled to bail or postponement or suspension of the serving of such sentence; persons sentenced to imprisonment and entitled to suspended sentence and being in the probation period; persons currently serving imprisonment sentences or subject to residence ban, probation or non-custodial reform; or persons entitled to conditional early release and being in the probation period; b/ Persons who are currently serving the measure of education in communes, wards or townships, or consignment to compulsory educational institutions, compulsory drug rehabilitation centers or reformatories; persons subject to the measure of consignment to compulsory educational institutions, compulsory drug rehabilitation centers or reformatories but entitled to postponement or suspension of the serving of such measure; or persons under management pending completion of procedures for consideration and decision on the application of the measure of consignment to compulsory educational institutions, compulsory drug rehabilitation centers or reformatories; c/ Persons who are isolated due to danger of epidemic communication to the community; d/ Places or areas that are isolated for epidemic prevention and control under decisions of competent agencies or persons; localities in state of emergency in accordance with law; or places ineligible for new registration of permanent residence or temporary residence or household splitting in accordance with this Law; dd/ Other cases as specified by law. 3. The exercise of the right to freedom of residence of citizens may only be restricted in accordance with law. Contents and periods of restriction of the right to freedom of residence must comply with legally effective court judgments or rulings, decisions of other competent state agencies, or relevant regulations. Article 5. Assurance of exercise of the right to freedom of residence of citizens and residence management 1. The State shall adopt harmonious policies and measures to ensure the exercise of the right to freedom of residence of citizens. 2. The State shall ensure budget funds, physical facilities and human resources, and invest in development of advanced and modern technologies for residence registration and management. Article 6. International cooperation on residence management The State of the Socialist Republic of Vietnam shall carry out international cooperation in residence management in accordance with Vietnam’s law and international law; and implement treaties concerning residence management to which the Socialist Republic of Vietnam is a contracting party. Article 7. Residence-related prohibited acts 1. Obstructing citizens from exercising their right to freedom of residence. 2. Abusing the use of information on places of permanent residence or places of temporary residence as conditions to limit the lawful rights and interests of citizens. 3. Offering, brokering or taking bribes in residence registration and management. 4. Failing to receive or delaying the receipt of dossiers, papers, documents and information for residence registration or taking other harassing acts; failing to comply or improperly complying with the regulation on the time limit for residence registration for citizens when their dossiers are eligible for residence registration; deregistering permanent residence or temporary residence in contravention of law. 5. Collecting, managing or using residence registration fees in contravention of law. 6. Setting out at one’s own will the time limit, procedures, papers, documents or forms in contravention of law or falsifying residence information, books and dossiers. 7. Deliberately granting or refusing to grant residence papers and documents in contravention of law. 8. Taking advantage of the exercise of the right to freedom of residence to infringe upon interests of the State or lawful rights and interests of organizations or individuals. 9. Forging residence papers, documents and data; using forged residence papers, documents and data; providing untruthful information, papers and documents on residence; untruthfully declaring conditions or forging dossiers, papers and documents for permanent residence or temporary residence registration; purchasing, selling, renting, leasing, borrowing, lending, pledging, taking pledge of, or destroying residence papers and documents. 10. Organizing, instigating, inciting, inducing, aiding or forcing other persons to violate the law on residence. 11. Permitting permanent residence or temporary residence registration while clearly knowing that registration applicants do not reside at to-be-registered places. 12. Letting other persons register permanent residence or temporary residence at ones’ places of residence for self-seeking purposes or in spite of the fact that registration applicants do not reside at such places. 13. Accessing, exploiting or destroying information in, obstructing or interrupting operation of, the residence database, or illegally changing, deleting, spreading or providing such information. Chapter II RIGHTS AND OBLIGATIONS OF CITIZENS REGARDING RESIDENCE Article 8. Rights of citizens regarding residence 1. To select and decide on their own places of residence and make residence registration in accordance with this Law and other relevant laws. 2. To have their private information and information on their households kept confidential in the residence database, unless they provide such information in accordance with law. 3. To exploit information on their residence from the national population database; to have their residence information certified by residence registration offices nationwide, regardless of their places of residence, when they so request. 4. To have their residence information in the residence database updated or modified by residence registration offices upon any change in such information or when they so request. 5. To be provided with information and documents related to the exercise of their right to freedom of residence when they so request. 6. To have their right to freedom of residence protected by competent state agencies. 7. To file complaints or denunciations about or initiate lawsuits against acts violating the law on residence in accordance with law. Article 9. Obligations of citizens regarding residence 1. To make residence registration in accordance with this Law and other relevant laws. 2. To fully, accurately and promptly provide their residence information, papers and documents to competent agencies and persons and take responsibility for such information, papers and documents. 3. To pay residence registration fees in accordance with the law on charges and fees. Article 10. Rights and obligations of household heads and members regarding residence 1. Persons who live together at the same lawful places of residence and have family bonds as paternal grandparents, maternal grandparents, parents, spouses, offspring, siblings, and grandchildren may register their permanent residence or temporary residence as households. 2. Persons other than those specified in Clause 1 of this Article who fully meet the conditions for registering their permanent residence or temporary residence at the same lawful places of residence in accordance with this Law may register their permanent residence or temporary residence in the same households. 3. More than one household may register their permanent residence or temporary residence at one lawful place of residence. 4. Heads of households must be persons who have full civil act capacity and are nominated by household members after reaching agreement. For a household that has no person having full civil act capacity, its head is a person nominated by its members after reaching agreement. In case members of a household cannot reach agreement to nominate the household head, the household head shall be decided by the court from among the household members. For a single-member household, such member is the household head. 5. Household heads have the rights and obligations to comply, and create conditions for and guide household members in complying, with regulations on residence registration and management and other relevant provisions of this Law; and to notify residence registration offices of household members who fall into the cases specified in Clause 1, Article 24 or Clause 1, Article 29 of this Law. 6. Household members have the rights and obligations to reach agreement on nomination of household heads; and to fully comply with regulations on residence registration and management. Chapter III PLACES OF RESIDENCE Article 11. Places of residence of citizens 1. Places of residence of citizens include their places of permanent residence and places of temporary residence. 2. In case the place of permanent residence or place of temporary residence of a citizen cannot be identified, his/her place of residence is the place where he/she is currently residing as identified under Clause 1, Article 19 of this Law. Article 12. Places of residence of minors 1. Place of residence of a minor is the place of residence of his/her parents. If his/her parents have different places of residence, his/her place of residence is the place of residence of his/her father or mother with whom he/she habitually resides. In case such a place of habitual residence cannot be identified, the place of residence of a minor is a place agreed upon by his/her parents. In case his/her parents cannot agree upon the place of his/her residence, such place of residence shall be decided by the court. 2. A minor may have a place of residence other than the place of residence of his/her parent(s) if so agreed by the latter or provided by law. Article 13. Places of residence of wards 1. The place of residence of a ward is the place of residence of his/her guardian. 2. A ward may have his/her place of residence other than the place of residence of his/her guardian if so agreed by the latter or provided by law. Article 14. Places of residence of spouses 1. Places of residence of spouses are places where they habitually live together. 2. Spouses may have different places of residence if they so agree or in accordance with relevant regulations. Article 15. Places of residence of persons studying, serving or working in the armed forces 1. Places of residence of officers, non-commissioned officers, soldiers, professional army men, national defense workers and employees, and cadets of academies of the People’s Army are places where their respective units are stationed, unless they, except cadets, have other places of residence in accordance with this Law. 2. Places of residence of professional officers, professional non-commissioned officers, technical officers, technical non-commissioned officers, and cadets of academies of the People’s Public Security forces, conscripted non-commissioned officers, conscripted soldiers, and public security workers are places where their respective units are stationed, unless they, except cadets, conscripted non-commissioned officers and conscripted soldiers, have other places of residence in accordance with this Law. 3. Conditions, dossiers and procedures for registration of permanent residence or temporary residence in places where units of the persons specified in Clause 1 or 2 of this Article are stationed shall be specified by the Minister of National Defense or Minister of Public Security, respectively. Article 16. Places of residence of persons living or engaged in itinerant occupations on board ships, boats or movable vehicles 1. Places of residence of persons living or engaged in itinerant occupations on board ships, boats or movable vehicles (below collectively referred to as vehicles) are the places where those vehicles are registered, unless such persons have other places of residence in accordance with this Law. For vehicles not subject to registration or registered in places other than where they are frequently parked, places of residence of persons living or engaged in itinerant occupations on board such vehicles are the places where such vehicles are frequently parked. 2. The Government shall detail this Article. Article 17. Places of residence of persons engaged in belief or religious activities, children, persons with disabilities, and supportless persons in belief or religious establishments 1. Places of residence of religious activists, priests, religious dignitaries and clergypersons, and other persons engaged in religious activities who live in belief or religious establishments are such establishments, unless they have other places of residence in accordance with this Law. 2. Places of residence of children, persons with particularly severe disabilities, persons with severe disabilities, and supportless persons who are admitted and living in belief or religious establishments are such establishments. Article 18. Places of residence of persons who are cared for, nurtured or assisted 1. Places of residence of persons who are cared for, nurtured or assisted at social protection establishments are such establishments. 2. Places of residence of persons who are cared for or nurtured in the community are places of residence of the persons who undertake to care for or nurture them. Article 19. Places of residence of persons who have no places of permanent residence or places of temporary residence 1. The place of residence of a person who has no place of permanent residence and place of temporary residence due to his/her ineligibility for permanent residence or temporary residence registration is his/her current place of residence. In case the address of his/her place of residence is unidentifiable, his/her current place of residence is the commune-level administrative unit where he/she is actually residing. Persons who have no places of permanent residence or places of temporary residence shall declare their residence information to residence registration offices in their current places of residence. 2. Residence registration offices shall guide the declaration of residence information in the information fields in the national population database and the residence database. 3. For a person specified in Clause 1 of this Article whose information is not yet available in the national population database and the residence database, within 30 days after receiving his/her declared information, a residence registration office shall check and verify such information. In complicated cases, such time limit may be extended but must not exceed 60 days. 4. For a person specified in Clause 1 of this Article whose information is available in the national population database and the residence database, within 5 working days after receiving his/her declared information, a residence registration office shall check and verify such information. 5. After checking and verifying information on current places of residence of citizens, residence registration offices shall update such information and other relevant information to the national population database and the residence database and notify declarants of the update. 6. In case of a change in his/her residence information, a citizen shall declare it to the residence registration office for review and modification of his/her information in the national population database and the residence database; and when fully satisfying the conditions specified in this Law,

Law 68/2020/QH14