Vietnamese legislation stipulates that in order to apply for a household registration certificate and return to Vietnamese nationality, overseas Vietnamese must complete the necessary registration processes for their permanent residency in Vietnam. On the other hand, many overseas Vietnamese do not understand well about Vietnamese regulations regarding household registration. So, it may take them a while to carry out the essential procedures. Therefore, in this article, LSX legal firm provides: “Consulting on household registration for overseas Vietnamese”
- Law on Residence 2020
Who are overseas Vietnamese?
Overseas Vietnamese refers to Vietnamese people residing outside the territory of Vietnam. They may hold Vietnamese nationality, or the nationality of the host country, or both at the same time.
According to the Law on Vietnamese Nationality 2014:
- “Overseas Vietnamese” means Vietnamese citizens and persons of Vietnamese origin who permanently reside in foreign countries.
- “Persons of Vietnamese origin residing abroad” are Vietnamese people who used to have Vietnamese nationality which had been determined at the time of their birth on the consanguinity principle and their offspring and grandchildren are permanently residing in foreign countries.
Registration on household
When residents register their household registration information, documented in the household registration book, they are providing the appropriate authorities with information on their dependable and long-term residency.
According to the provisions of the Law on Residence 2020, household registration means a procedure for permanent residence registration of citizens.
Conditions on household registration/permanent residence registration
A citizen may register his/her permanent residence in a lawful place of residence not under his/her ownership after obtaining the consent of the household head and the owner of such lawful place of residence in the following cases:
- He/she comes to live together with his/her spouse, parent(s), or child(ren);
- He/she is an elderly person and comes to live together with his/her sibling(s), or grandchild(ren); he/she is a person with particularly severe disabilities or severe disabilities or having no working capacity or suffering a mental illness or another disease that renders him/her unable to cognize and control his/her acts and comes to live together with his/her paternal or maternal grandparent(s), sibling(s), uncle(s), aunt(s), grandchild(ren) or guardian;
- He/she is a minor who has obtained the consent of his/her parent(s) or guardian or who has no parents and comes to live together with his/her great paternal or maternal grandparent(s), grandparent(s), sibling(s), uncle(s), or aunt(s); or he/she is a minor who comes to live together with his/her guardian.
Citizens may register their permanent residence in their lawful places of residence which they rent, borrow or live under permission of the owners of such places when satisfying the following conditions:
- They have obtained the consent of the owners of such lawful places of residence for registering their permanent residence at such places and the consent of household heads in case they register their permanent residence in such households;
- The condition on the minimum housing area set by provincial-level People’s Councils is satisfied which must not be smaller than 8 m2 of floor/person.
Register permanent residence at belief or religious establishments having auxiliary works as houses
- They are religious activists who are ordained, appointed, elected, or transferred to carry out religious activities at religious establishments;
- They are representatives of belief establishments;
- They are permitted by representatives or management boards of belief establishments to register their permanent residence to directly manage and organize belief activities at belief establishments;
- They are children, persons with particularly severe disabilities or severe disabilities, or supportless persons who are permitted by representatives or management boards of belief establishments, or heads or representatives of religious establishments to register their permanent residence.
Register permanent residence at social protection establishments
Persons who cared for, nurtured or assisted may register their permanent residence at social protection establishments agreed by the heads of such establishments or may register their permanent residence in households that undertake to care for or nurture them when agreed by household heads or owners of lawful places of residence.
Register permanent residence on vehicles
Persons may register their permanent residence on such vehicles when satisfying the following conditions:
- They are the owners of, or permitted by the owners of such vehicles to register their permanent residence;
- Such vehicles have been registered and inspected in accordance with law. For a vehicle not subject to registration and inspection, the use of such vehicle for residential purpose shall be certified by the commune-level People’s Committee of the locality where such vehicle regularly are parked;
- It is certified by commune-level People’s Committees that such vehicles have been registered for regular parking in such localities in case such vehicles are not subject to registration or are registered in places other than where they are regularly parked.
Register permanent residence of minors
Registration of permanent residence of minors requires the consent of their parents or guardians unless their places of residence decided by courts.
Procedures for permanent residence registration/ household registration
According to Article 22 of the Law on Residence 2020, the procedures for permanent residence registration:
Article 22. Permanent residence registration proceduresPermanent residence registration applicants shall file their permanent residence registration dossiers to the residence registration offices of the localities where they reside.
Upon receiving permanent residence registration dossiers, residence registration offices shall check them and issue dossier receipts to the registered applicants. For incomplete dossiers, they shall guide the applicants to supplement them.
Within 7 working days after receiving a complete and valid permanent residence registration dossier, a residence registration office shall verify and update information on the new place of permanent residence of the residence registrant to the residence database and notify him/her of the update. In case of refusal of registration, it shall reply in writing, clearly stating the reason.
A person who has made permanent residence registration and moves to another lawful place of residence and fully satisfies the conditions for permanent residence registration shall register his/her permanent residence in the new place of residence in accordance with this Law within 12 months from the date of satisfaction of registration conditions.
Accordingly, applicant shall prepare a set of dossier to apply for household registration, submit it to the competence agency. The agency shall verify and update information as prescribed in the Article above.
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Frequently asked questions
You can not. The states prohibit citizens to register household or permanent residence at houses subject to dismantlement decisions of competent state agencies.
According to the Law on Residence 2020, overseas Vietnamese who go abroad for permanent residence will get the household registration deregistered.
Within 5 working days after receiving a complete and valid dossier, the residence registration office shall verify and update information on the household related to the household splitting to the residence database and notify the applicant of the update.