A FEW ISSUES TO NOTE ABOUT SOME CASE WHERE PERMANENT RESIDENCE REGISTRATION HAVE BEEN REMOVED FROM JULY 1, 2021

On March 30, 2021, Vega Law Firm wrote an article about "09 cases where permanent residence registration will be deleted after July 1, 2021" to inform everyone about the cases in which the registration will be deleted. New permanent resident registration is added in Article 24 of the Residence Law 2020 compared to Article 22 of the Residence Law 2006. Today, VEGA LAW FIRM would like to share with readers some issues that we need to pay attention to when the post is deleted. permanent residence under the new regulations.
 
Specifically, review the cases in which permanent residence registration has been removed as specified in Clause 1, Article 24 of the Law on Residence 2020 No. 68/2020/QH14 as follows:
 
"1. Persons falling into one of the following circumstances shall have their permanent residence registration removed:
 
a) Death; there is a court decision declaring him missing or dead;
 
b) Going abroad to settle down;
 
c) There has been a decision on cancellation of permanent residence registration specified in Article 35 of this Law;
 
d) Being absent from the place of permanent residence for 12 months or more without registering temporary residence at another place of residence or failing to declare the temporary absence, except for cases of going abroad but not for permanent residence or cases of being serve prison sentences, serve the measure of sending to compulsory education establishments, sending to compulsory detoxification establishments, sending to reformatories;
 
đ) Having been granted Vietnamese citizenship by a competent authority, stripped of Vietnamese nationality, or revoked the decision on granting Vietnamese nationality;
 
e) Persons who have registered their permanent residence at the place of accommodation due to renting, borrowing or staying over but have stopped renting, borrowing or staying at the place of stay, but after 12 months from the date of termination of such rental, borrowing or staying over, they have not yet registered their usual residence stay at the new place of residence, except for the case specified at Point h of this Clause;
 
g) A person who has registered his/her permanent residence in a lawful place of residence but has subsequently transferred the ownership of such place to another person who, after 12 months from the date of ownership transfer, has not yet registered his/her permanent residence in the new place of residence, except in case the new owner agrees to continue to lease, lend, stay and register for permanent residence at that place or the case specified at Point h of this Clause;
 
h) The person who has registered for permanent residence at the place of residence due to renting, borrowing or staying over but has stopped renting, borrowing or staying over and is not allowed to keep the registration of permanent residence by the lessor, lent or allowed to stay on the spot there; a person who has registered for permanent residence at a place under his/her ownership but has transferred ownership of the place to another person and has not received the consent of the new owner to keep the registration of permanent residence in that place;
 
i) Persons who have registered their permanent residence at the place of residence which has been demolished or confiscated under a decision of a competent state agency or whose vehicle registration has been deregistered in accordance with law.”
 
From the above provisions, there are some issues to note as follows:
 
1. What to do to not be removed from permanent residence registration when working away from home for a long time:
 
According to Point d, Clause 1, Article 24 of the 2020 Residence Law, it is stated: “Continuously absent from the place of permanent residence for 12 months or more without registering temporary residence at another place of residence or failing to declare temporary absence, except in cases of sent to a foreign country but not to settle down or is serving a prison sentence, serving the measure of sending to a compulsory education institution, sending to a compulsory detoxification establishment, or sending to a reformatory. Thus, people who often work far away for a long time will only be removed from their permanent residence registration when they fully meet the following factors:
 
- Continuous absence from the place of permanent residence for 12 months or more
 
- Failure to register temporary residence at another accommodation or not declaring temporary absence
 
- Not falling into one of the following two cases:
 
+ Going abroad but not to settle down
 
a) Currently serving a prison sentence, serving the measure of sending to a compulsory education institution, sending to a compulsory detoxification establishment, or sending to a reformatory
 
Thereby, it can be seen that in order not to be removed from the permanent residence registration, it is necessary to not be absent continuously for 12 months or more at the place of permanent residence, register for temporary residence at a long-term workplace or declare a temporary absence in the locality where the permanent residence is registered have permanent residence.
 
1. For the case of making a citizen's identity card when the household registration is deleted:
 
According to regulations, permanent residence registration is required to make a citizen ID. Therefore, in case the permanent residence registration has been deleted, it must be re-registered after that to be able to make a citizen's identity card.
 
2. Selling a house whose household registration has been deleted:
 
At Point h, Clause 1, Article 24 of the Law on Residence 2020 stipulates: “The person who has registered for permanent residence at the place of residence due to renting, borrowing or staying over but has stopped renting, borrowing, staying and not being allowed by the lessor borrow or allow to stay with consent to keep the registration of permanent residence in that place; a person who has registered for permanent residence at a place under his/her ownership but has transferred ownership of the place to another person and has not received the consent of the new owner to keep the registration of permanent residence in that place”.
 
Thus, from July 1, 2021 when the new Law on Residence takes effect, it has added the case that when people sell their houses, their permanent residence registration will be removed, unless the new owner agrees to keep the registration permanent residence there.
 
4. Permanent residence registration may be removed if the Tenancy Agreement is terminated
 
At point e, Clause 1, Article 24 of the Law on Residence 2020: “The person who has registered for permanent residence at the place of residence due to renting, borrowing or staying over but has stopped renting, borrowing or staying over after 12 months from the date of termination terminate the rental, borrow or stay at the new place of residence without having registered their permanent residence at the new place of residence, except for the case specified at Point h of this Clause.”
 
From the above regulations, tenants should pay special attention that from July 1, 2021, if they have registered for permanent residence in the rented house, but then terminate the lease and move out, they still do not register after 12 months. If you register for a permanent residence in a new place, your registration of permanent residence at the previous rental house will be removed.
 
The above is the share of VEGA LAW FIRM on the issue of "A few issues to note about some cases where permanent residence registration has been removed from July 1, 2021". Hope the above sharing will be useful for everyone.