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Temporary absence declaration 2024: When must it be declared?
Temporary absence declaration is an administrative procedure related to citizens' residence registration.
If a citizen falls into one of the following cases, he/she must be responsible for declaring temporary absence according to regulations:
(i) 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;
(ii) 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;
(iii) Leaving the district-level administrative unit where they reside 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;
(iv) Leaving the commune-level administrative unit of permanent residence for 12 consecutive months or more for people not falling under the cases specified in (i), (ii) and (iii), except in cases where temporary residence has been registered at the new place of residence or where the person has left the country.
(Clause 1, Article 31 of the 2020 Law on Residence)
Where do citizens declare temporary absence?
Depending on the above case, citizens will go to the competent authority to carry out the procedure for declaring their temporary absence.
Specifically, if falling under cases (i) and (ii) mentioned above, before leaving the place of residence, the citizen must go to the residence registration office 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 from the competent authority to supervise, manage and educate that person.
The residential registration agency is then responsible for providing guidance and checking the declaration content. Within 01 working day from the date of receiving the request for temporary absence declaration, the residential registration agency 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.
If falling into cases (iii) and (iv), temporary absence can be declared through the forms prescribed in Clause 1, Article 16 of Circular 55/2021/TT-BCA, specifically as follows:
+ Directly at the residence registration agency or at the temporary absence declaration receiving location specified by the residence registration agency;
+ Telephone number or email address notified or posted by the residence registration authority;
+ Electronic information page of the residence registration agency or through the National Public Service Portal, the Ministry of Public Security Public Service Portal, and the Residence Management Public Service Portal;
+ Application on electronic devices.
At that time, the residential registration agency is responsible for notifying or publicly posting the location, phone number, email address, website address of the residential registration agency, the National Public Service Portal, the Ministry of Public Security Public Service Portal, the Public Service Portal for Residence Management, and the application name on the electronic device receiving temporary absence declarations.
If the person is a minor and falls under case (iv), the person making the declaration will be the father, mother or guardian.
When making a declaration, citizens must accurately provide the following information:
- Full name;
- Personal identification number or ID card number, passport number of the person declaring temporary absence;
- Reason for temporary absence;
- Temporary absence;
- Destination address.
(Clause 2, 3, 4, Article 31 of the 2020 Law on Residence)
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