Registered permanent residence in Hanoi
Question: DTD & Associates LLP let me ask: I have been in Hanoi for 4 years and recently bought a house at 36 Le Duc Tho, Nam Tu Liem, Hanoi. Currently, I want to register a permanent residence in Hanoi to facilitate the work, so what should I do? I sincerely thank you!
Answer: Hi, Thank you for trusting and sending your request for legal advice to DTD & Associates LLP . The content of your question has been researched and advised by our team of lawyers as follows:
+ Law on residence No.81/2006/QH11 issued by the National Assembly dated November 29, 2006 (“the 2006 Residence Law”)
+ Law on the capital No. 25/2012/QH13 issued by the National Assembly dated November 21, 2012 (“the 2012 Capital Law”)
+ Circular No. 35/2014/TT-BCA issued by the Ministry of Public Security dated September 9, 2014 detailing a number of articles of the Residence Law and the Government’s Decree No. 31/2014/ND-CP dated April 18,2014, detailing a number of articles and measures for implementation of the Residence Law (“Circular No. 35/2014/TT-BCA”)
According to the information you provided, you are looking to register a permanent residence in the inner Hanoi city. Through the process of researching and understanding legal regulations, DTD offers a procedure for permanent residence registration in Hanoi for your reference as follows:
According to Clause 4, Article 19 of the 2012 Capital Law :
“4. The citizens in on of the following cases are eligible for the registration of residence in urban areas:
a) The cases prescribed in Clause 2, 3 and 4 Article 20 of the Law on Residence;
b) The cases not specified in Point a this Clause that have temporarily resided in the urban areas for at least 3 years, owned or rented houses in urban areas of organizations and individuals that have applied for housing business registration; for houses for lease must satisfy the conditions for average area as prescribed by the People’s Council of Hanoi city, and the registration for permanent residence at the leased housed must be approved in writing by the lessors.”
According to this regulation, for your case, you may be eligible for permanent residence registration in Hanoi due to you have registered temporary residence and temporarily resided in Hanoi for more than 03 years. At the same time, you have already owned your house there.
According to Article 6 of Circular No. 35/2014/TT-BCA, a permanent residence registration dossier shall comprise:
1. A notice of change in household registration or membership;
2. A written declaration of household members (in case such declaration is required)
3. The demographic transfer paper 4. The household registration book
5. The household registration transfer paper (in case such paper must be granted under Clause 2, Article 28 of the 2006 Residence Law);
6. Papers and documents proving the lawful domicile as prescribed in Article 6 of the Government’s Decree No. 31/2014/ND-CP of April 18, 2014
- Thirdly, about duration for settlement:
Pursuant to Clause 3, Article 21 of the 2006 Residence Law:
“ 3. Within fifteen days after the receipt of complete dossiers, the competent agencies defined in Clause 1 of this Article shall grant household registration books to permanent residence registration dossier submitters; in case of refusal to grant, they shall give written replies clearly stating the reasons therefor.”
Thus, the duration for processing is 15 days from the date of receiving complete dossiers.
Clause 1, Article 9 of Circular No. 35/2014/TT-BCA stipulates the authority to register permanent residence as follows:
“1. Police offices of urban districts, rural districts and towns of centrally run cities may register permanent residence in their urban districts, rural districts and towns.”
Therefore, Nam Tu Liem district police offices will have authority to handle your permanent residence in Hanoi.
