Cases where temporary absence must be declared when leaving the place of residence

Trshe replied:

- Clause 7, Article 2, Law on Residence 2020 stipulates: Temporary absence is when a citizen is absent from his/her place of residence for a certain period of time. Temporary absence declaration is one of the procedures for residence registration.

-Regulations on "Temporary absence declaration" are stipulated in Article 31 of the 2020 Law on Residence as follows:

1. Citizens are responsible for declaring temporary absence in the following four cases:

a) Leaving the commune-level administrative unit where they reside for 01 day or more for suspects and defendants who are on bail; people sentenced to imprisonment but have not yet had a decision to execute the sentence or have had a decision to execute the sentence but are on bail or have had their sentence postponed or temporarily suspended; people sentenced to imprisonment with a suspended sentence who are on probation; people serving a sentence of probation or non-custodial reform; people released from prison early on conditional terms who are on probation;

b) Leaving the commune-level administrative unit where they reside for 01 day or more for people who are serving educational measures at the commune, ward or town level; people who must serve measures of compulsory education, compulsory drug rehabilitation, or reformatory school but are having their execution postponed or temporarily suspended; people who are under management during the time of procedures for consideration and decision to apply measures of compulsory education, compulsory drug rehabilitation, or reformatory school;

c) Leaving the district-level administrative unit where one resides for 03 consecutive months or more for people of military service age or people who are required to perform other obligations to the State according to the decision of a competent State agency;

d) Leaving the commune-level administrative unit of permanent residence for 12 consecutive months or more for people not falling under the cases specified in Points a, b and c of this Clause, except in cases where temporary residence has been registered at the new place of residence or where the person has left the country.

2. Before leaving the place of residence, the person specified in Point a and Point b, Clause 1 of this Article must go to the residence registration agency where he/she resides to declare temporary absence; when going to declare temporary absence, he/she must submit a request for temporary absence declaration and a written consent of the competent authority to supervise, manage and educate that person.

The residential registration authority is responsible for guiding and checking the declaration content. Within 01 working day from the date of receiving the request for temporary absence declaration, the residential registration authority shall issue a temporary absence declaration form to the citizen; in complicated cases, the processing time may be longer but not more than 02 working days.

3. The person specified in Point c and Point d, Clause 1 of this Article may declare temporary absence directly at the residence registration agency where that person resides or declare by telephone, electronic means or other means prescribed by the Minister of Public Security. In case the person specified in Point d, Clause 1 of this Article is a minor, the person making the declaration shall be the father, mother or guardian.

4. The content of the temporary absence declaration includes the full name, personal identification number or ID card number, passport number of the person declaring the temporary absence; reason for temporary absence; duration of temporary absence; destination address.

5. The residence registration authority is responsible for updating citizens' temporary absence declaration information into the Residence Database and notifying the declarant of the updated temporary absence declaration information upon request.