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Intellectual people
The Residence Law project (modified) was discussed in the National Assembly on the morning of October 21, providing options to regulate the conditions for permanent residence registration, the duration of temporary residence with tenants, borrowers …
The bill explanation, acquisition and review report, in Clause 3, article 20 of the bill, offers two options on the conditions for the permanent residence registration in the case of renting, borrowing or staying at home.
Option 1: Ensure that the minimum surface of the house is regulated by the Popular Council of the province, but that it is not less than 08m2 of floor / person. Option 2: Have temporary residence registered in the same province or central city for 1 year or more.
When signing a report to the National Assembly, General To Lam, Minister of Public Security, said that in this content, the Government agreed that according to the opinion of the majority of the delegates under Plan 1 is the regulation on the maximum average area of housing. minimum / person to facilitate the registration of permanent residence in a legal place to guarantee the necessary living conditions for people, according to the requirements and practical situation of each locality and to reduce pressure on the implementation of social security policies in the zone. However, it is necessary to establish a minimum level of no less than 8 m2 of floor / person to guarantee adequate living conditions to the conditions of most centralized provinces and cities.
Through previous discussions, several deputies of the National Assembly proposed to specify additional criteria for a certain period of time in the locality, which is the condition for the registration of permanent residence in a legal accommodation for rent, loan or stay.
If the Government reserves the point of view, this criterion should not be regulated because it is a regulation that limits citizens living in centrally managed cities to register for permanent residence in these cities. Current Residence Law; This regulation generates discrimination and inequality among citizens. Therefore, it is advisable not to maintain these regulations and extend the scope to all provinces of the country.
Regarding the duration of temporary residence, the extension of temporary residence, in Clause 2, Article 27 of the Bill establishes 2 options.
Option 1: The maximum duration of temporary residence is 2 years and can be extended several times.
Option 2: This provision is not available (ie there is no regulation on the duration of temporary residence or the extension of temporary residence).
In this matter, the Government proposes to opt for option 1. Specifically, the draft Residence Law (as amended) must stipulate the duration of the temporary residence and the extension of the temporary residence to coincide with the characteristics and concepts in Explain the term “temporary residence” specified in clause 11, article 2 of the bill is the place where citizens live for a certain period of time outside of their permanent residence and have registered for temporary residence.
The second is to distinguish the temporary place from the permanent residence (the place where citizens live in a stable way, in the long term, indefinitely).
This provision also inherits the provisions that remain consistent with the reality of the current Residence Law (Clause 4, Article 30 of the current Residence Law establishes that a temporary residence book is valid for a maximum of 24 months, and expires a temporary residence permit. People go to the police station where the temporary residence book is issued to complete the extension procedures).
Minister To Lam explained, to ensure a strict management of the residence, if the person who has registered the temporary residence no longer resides in the registered place and does not request the extension of the temporary residence, it will eliminate temporary residence.
Regarding the transitory rule related to the most important policy of the bill is to eliminate the registration of households on paper, in Clause 3, article 38 of the Bill offers 2 options.
Option 1: Provisions that the issued Household Book and Temporary Residence Book are still used and are valid as papers and documents that certify your residence in accordance with this law until December 31, 2022..
Option 2 (as content presented by the Government to the National Assembly for comments in the ninth session): Regulate that the household registry book and the temporary residence book are not valid for use in established legal transactions. new from the effective date of this Law (July 1, 2021).
The Government unanimously agreed to submit the two previous options for the consideration of the National Assembly and its decision.
Thai Anh
