Accordingly, temporary residence registration is a mandatory obligation of citizens when moving to a new place other than their home. Thus, with the rising amount of foreigners residing in Vietnam, it is vital for the state agencies to keep up with the information. So, what is the penalty for not declaring temporary residence in Vietnam? Let’s find out with LSX in this article!
- Residence Law 2006 amended and supplemented in 2013
- Decree No. 167/2013/ND-CP
- Law on Handling of Administrative Violations 2012
When to register for temporary residence?
Hence the Law on Residence; temporary residence registration is when a citizen registers his/her temporary residence with a competent State agency and has this agency carry out the procedures for temporary residence registration and issue a temporary residence book.
Thus, within 30 days from the date of coming to live, work, or study in a certain commune, ward, or township, they must complete the procedures for temporary residence registration at the commune or ward police station.
For foreigners, temporary residence registration is a necessary obligation to ensure that citizens enjoy certain benefits such as: Sending their children to public preschools, primary schools, and high schools; Carrying out procedures for bank loans or consumer loans at financial companies; Carry out purchase procedures for installment purchases… at the temporary residence.
Penalties for administrative violations of not declaring temporary residence
The level of administrative penalties for failure to declare temporary residence is specified in Article 8 of Decree 167/2013/ND as follows:
A fine of between VND 100,000 and 300,000 shall be imposed for one of the following acts:
- The individual or household head fails to comply with regulations on permanent residence registration, temporary residence registration, or adjustment of changes in household registration books; otherwise temporary residence books;
- Individuals or household heads fail to comply with regulations on notification of stay, declaration of temporary absence;
- Failing to comply with the household registration, temporary residence; and residence inspection or failing to present the household registration book, temporary residence book; otherwise other residence-related papers at the request of the competent authority.
Thus, for those who move to a new place of residence without registering temporary residence; the mover or the head of the household of the place where someone has just moved may be fined up to 300,000 VND. For example, if a tenant does not register for temporary residence; or the head of household does not register a temporary note for a newcomer in his house; both the head of the household and the new mover will be subject to sanctions mentioned above.
A fine of between 2,000,000 VND and 4,000,000 VND shall be imposed for one of the following acts
- Failing to declare temporary residence for foreigners to rent houses to live in.
At the same time, according to the provisions of Clause 4, Article 23 of the Law on Handling of Administrative Violations; “The specific fine level for an act of administrative violation is the average level of the fine bracket for that act; in case there are extenuating circumstances; the fine level may be lower but must not exceed the minimum level of the fine bracket; If there are aggravating circumstances; the fine level may be higher but must not exceed the maximum fine level of the fine bracket.
Thus, both the innkeeper and the tenant will be penalized; in case they fail to comply with regulations on temporary residence registration. Household owners may be subject to a fine of up to VND 4,000,000; in case they do not register their temporary residence for foreigners to rent their house to live in.
Thank you for paying attention to our article on “What is the penalty for not declaring temporary residence in Vietnam?”. Hope that this article will help you solve your problem. In case you have any questions, please feel free to contact Lawyer X for quick and best legal services: +84846175333.
– The duration of the temporary residence card issued is at least 30 days shorter than the remaining validity of the passport;
– Temporary residence card with symbol DT1 is valid for not more than 10 years;
– Temporary residence cards with symbols NG3, LV1, LV2, LS, DT2, and DH are valid for not more than 5 years;
– With symbols NN1, NN2, DT3, TT are valid for no more than 03 years;
– Temporary residence cards with symbols LD1, LD2, and PV1 are valid for no more than 02 years;
Accordingly, it costs 100 USD/card.
The immigration authority or competent authority of the Ministry of Foreign Affairs will be responsible for the issuance of temporary residence cards.