Why do I get fined by the police for not registering for temporary residence?

I rented a room in Hanoi, had a temporary residence book but moved to a new place, still living in the same ward. Recently, the police came to check, I presented my old temporary residence book but it was not accepted and I was fined 200,000 VND.

Article 30 of the Law on Residence stipulates temporary residence registration as follows:

1. Temporary residence registration is when a citizen registers his/her temporary residence with a competent state agency and this agency carries out temporary residence registration procedures and issues a temporary residence book to him/her.

2. People who are living, working, laboring, or studying at a location in a commune, ward, or town but are not eligible to register for permanent residence in that locality must, within thirty days from the date of arrival, register for temporary residence at the police station of the commune, ward, or town.

3. A person registering for temporary residence must present an identity card or a document certified by the police of the commune, ward or town where he/she has registered for permanent residence; documents proving ownership or right to use the house; submit a notification of change of household registration, population, and population declaration; in case the legal residence is a house rented, borrowed or temporarily occupied by an individual, the written consent of the lessor, lender or temporary occupant must be obtained.

4. The chief of the commune, ward or town police, within three working days from the date of receipt of all documents specified in Clause 3 of this Article, must issue a temporary residence book according to the form prescribed by the Ministry of Public Security.

Temporary residence books are issued to households or individuals who have registered for temporary residence, are valid for determining the temporary residence of citizens and are valid for a maximum of 24 months.

Within 30 days before the expiration date of temporary residence, citizens must go to the police agency that issued the temporary residence book to complete the extension procedure.

Adjustments to changes in temporary residence books are made in accordance with the provisions of Article 29 of this Law. Damaged temporary residence books can be exchanged, and lost temporary residence books can be reissued. In case of temporary residence in another commune, ward or town, re-registration is required.

5. In case a person has registered for temporary residence but has not lived, worked, labored or studied for six months or more in the locality where he/she has registered for temporary residence, the agency that issued the temporary residence book must delete that person's name from the temporary residence registration book.

Clause 4, Article 17 of Circular No. 35/2014/TT-BCA dated September 9, 2014 of the Ministry of Public Security detailing the implementation of a number of articles of the Law on Residence and Decree No. 31/2014/ND-CP dated April 18, 2014 of the Government detailing a number of articles and measures to implement the Law on Residence also stipulate: Citizens who change their temporary residence outside the commune, ward or town shall be granted a new temporary residence book.

Thus, according to the above regulations, if a citizen changes his/her place of residence (temporary residence) but within the same commune, ward or town, he/she is not required to re-register for temporary residence and be issued a new temporary residence book.

However, according to Clause 1, Article 18 of Circular No. 35/2014/TT-BCA, Clause 4, Article 29 of the Law on Residence, in case of moving to a new legal residence within the commune or town of a district under a province; moving within the same district, county, or town of a centrally-run city; moving within the same town or city under a province, the head of household or a member of the household or an authorized person must carry out procedures to adjust the temporary residence book.

People coming to do adjustment procedures must submit a household registration and population change notification form; present a household registration book; and documents proving new legal residence.

According to Point a, Clause 1, Article 8 of Decree No. 167/2013/ND-CP dated November 12, 2013, individuals and household heads who do not comply with regulations on permanent residence registration, temporary residence registration or adjustment of changes in household registration books or temporary residence books shall be fined from 100,000 to 300,000 VND.

According to Clause 4, Article 23 of the Law on Handling of Administrative Violations, the specific fine for an administrative violation is the average level of the fine range prescribed for that violation; if there are mitigating circumstances, the fine may be reduced but must not be reduced below the minimum level of the fine range; if there are aggravating circumstances, the fine may be increased but must not exceed the maximum level of the fine range.

Thus, the case of not adjusting the temporary residence book due to change of residence as mentioned above and being fined an average of 200,000 VND is reasonable./.

According to VNE