Currently, when someone comes to stay for less than 30 days, people must carry out the procedures for notifying their stay to the competent agency according to regulations. If people do not notify, this behavior may be punished according to the latest regulations in 2022. So about the matter “Regulations on notice of stay in Vietnam” Let’s find out with LSX in the article below.
Legal grounds
- Decree 144/2021/ND-CP
- Residence Law 2020
What is accommodation?
According to Clause 6, Article 2 of the Residence Law 2020, a stay is defined as a citizen’s stay at a place other than his/her temporary residence or permanent residence for a period of less than 30 days. The length of stay depends on the needs of the citizen but does not exceed 30 days.
For example: Cases of residence of temporary guests, people visiting relatives, traveling, receiving medical treatment, etc., who come to another place for less than 30 days.
When to notify stay?
Stay notice means a notification to a competent authority when someone stays at a place other than his/her permanent residence or temporary residence for less than 30 days so that the State agency can promptly monitor and manage. The notice of stay includes the full name, personal identification number (CCCD number) or ID number, passport number of the resident; reason for stay; time; residence address.
Clause 1, Article 30 of the Law on Residence 2020 also stipulates that when someone comes to stay, household members, representatives of medical treatment establishments, tourist accommodation establishments and other establishments with accommodation functions have the responsibility to: responsible for notifying the residence to the residence registration office. In case a person comes to stay at an individual’s or household’s place of residence but the individual or household member is not present at that place of residence, the person who comes to stay is responsible for notifying his/her stay with the residence registration. That means: The responsibility to notify the stay is of the family, medical facility, hotel, motel, accommodation facility when someone comes to stay. However, if a person comes to stay at home but his/her family is not present, he/she must notify the police by himself/herself.
Based on the above provisions, when citizens come to reside in a place other than their permanent or temporary residence, such as visiting relatives and friends’ houses, etc., within 30 days, they must make a notice as prescribed.
Where to register notice of stay?
The notice of stay is made according to the guidance in Article 15 of Circular 55/2021/TT-BCA, according to which:
Residents can register to stay in the following forms:
Directly at the residence registration office or at the place to receive the notice of residence specified by the residence registration office;
Through the phone number or email box announced or posted by the residence registration agency;
Through the website of the residence registration agency or through the National Public Service Portal, the Public Service Portal of the Ministry of Public Security, the Residence Management Public Service Portal;
Through the application on the electronic device.
The residence registration agency is responsible for notifying or publicly posting the location, phone number, email address, address of the website of the residence registration agency, the public service portal. house, the Public Service Portal of the Ministry of Public Security, the Public Service Portal for Residence Management, and the application name on the electronic device that receives the residence notice.
Regulations on notice of stay in Vietnam
The notification of stay is made according to the guidance in Article 15 of Circular 55/2021/TT-BCA, according to which:
Residents can register to stay in the following forms:
Directly at the residence registration office or at the place to receive the notice of residence specified by the residence registration office;
Through the phone number or email box announced or posted by the residence registration agency;
Through the website of the residence registration agency or through the National Public Service Portal, the Public Service Portal of the Ministry of Public Security, the Residence Management Public Service Portal;
Through the application on the electronic device.
Procedure for notice of stay
*File:
The content of the notice of stay includes the full name, personal identification number or ID card number, passport number of the resident; reason for stay; length of stay; residence address.
– Number of documents: 01 set.
*The order of execution:
– Members of households, tourist accommodation establishments (hotels, motels…) and other establishments with accommodation functions (inns…), representatives of medical establishments or persons Visitors can directly go to the police station of wards, communes and townships to notify their stay or notify by phone or email of the police of wards, communes and townships (if any) or via a mobile application. or portal.
– Time of stay notice: made before 23 hours of the date of starting stay; In case people come to stay after 23 o’clock, the notice of stay shall be made before 08 o’clock of the next day.
For example: The hotel must report to the ward and commune CA on the number of guests staying in the hotel’s rooms before 23 o’clock in the day.
– In case grandpa, grandma, father, mother, wife, husband, children, grandchildren, brothers, sisters, siblings come to stay more than once, only one stay notice is required.
– When someone comes to stay, household members, representatives of medical treatment establishments, tourist accommodation establishments and other establishments with accommodation functions are responsible for requesting the guests to present a in legal documents showing information about personal identification number as prescribed and make the notification of stay with the residence registration agency. (specified in Circular 55/2021/TT-BCA)
– After receiving the notice of residence, the person who receives the notice of residence must immediately update the content of the notice of residence in the database of residence.
– The above stay notification procedure will be applied from July 2021, which is the effective date of Circular 55/2021/TT-BCA.
Penalties for not complying with the notice of stay as prescribed
Point b, Clause 1, Article 9 of Decree 144/2021/ND-CP stipulating that citizens who fail to comply with regulations on notice of stay, declare temporary absence will be fined from VND 500,000 to VND 1,000,000.
In case the accommodation business, dormitory, medical treatment establishment, tourist accommodation establishment and other establishments having the function of accommodation fail to notify the stay, the fines shall be as follows:
– From 01 to 03 people: A fine of between VND 1,000,000 and 2,000,000 (Point dd, Clause 2, Article 9 of Decree 144/2021/ND-CP);
– From 04 to 08 people: A fine ranging from VND 2,000,000 to VND 4,000,000 (point b, Clause 3, Article 9 of Decree 144/2021/ND-CP);
– From 09 people staying or more: A fine ranging from VND 4,000,000 to VND 6,000,000 (point d, Clause 4, Article 9 of Decree 144/2021/ND-CP);
In addition, the case of obstructing or failing to comply with the permanent residence inspection, temporary residence inspection, and residence inspection at the request of competent authorities will also be fined VND 4,000,000 to VND 6,000,000.
Note: The above fine level applies to individuals, the fine level for organizations is 2 times higher than that for individuals.
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Frequently asked questions
In case of notification of staying at home: No form.
In case of notice to stay at a hotel or accommodation establishment: The establishment owner shall make it according to the form guided by the police of wards, communes and townships.
Point b, Clause 1, Article 9 of Decree 144/2021/ND-CP sanctioning information security stipulates: a fine of between VND 500,000 and VND 1,000,000 shall be imposed in the following cases: Individuals or household heads fail to comply with regulations about notice of stay, declaration of temporary absence.
When someone comes to stay, household members, representatives of medical treatment establishments, tourist accommodation establishments and other establishments with accommodation functions are responsible for notifying the stay to the registration agency. resident; In case a person comes to stay at an individual’s or household’s place of residence but the individual or household member is not present at that place, the person who comes to stay is responsible for notifying his/her stay with the registration agency. residence registration.
Notice of stay is made before 23 hours of the date of commencement of stay; in case people come to stay after 23 o’clock, the notice of stay shall be made before 08 o’clock of the next day; In case a grandfather, grandmother, father, mother, wife, husband, children, grandchildren, brothers, sisters and brothers come to stay more than once, only one notice of stay is required.
Conclusion: So the above is Regulations on notice of stay in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
