In addition to the right to election, right to self-nomination, right to the inviolability of personal privacy, personal secrecy, and secrecy of correspondence, telephone conversations, and telegrams, and freedom of speech and press, the right to freedom of residence is stipulated in the 2013 Constitution as a human right, a citizen right recognized, respected, and protected by the Vietnamese State.
State management concerning a citizen’s right to freedom of residence under the Constitution is organized in a way that ensures publicity, transparency, and simple procedures, and reduces time and costs.
The 2020 Residence Law reflects Vietnam’s policy on modernizing and simplifying procedures concerning residence management, ensuring publicity and transparency, creating favorable conditions for citizens to exercise their rights to freedom of residence, strengthening unity in the legal system, and fine-tuning laws on residence. It is also part of Vietnam’s efforts to enhance administrative reforms, expand international integration, and promote national industrialization and modernization. The new law aims to better protect citizen right to freedom of residence.
Under the law, residence books are eliminated and replaced by personal identification numbers registered on the national population database and residence database. The law makes the management of residence (permanent and temporary residence) digital using ID number to update places of residence of citizens.
The procedures for residence registration have been also simplified. Clause 3 of Article 23 of the 2020 Residence Law stipulates: “Within 7 working days starting from the date of receipt of an adequate and valid application, the registration authority shall appraise and update information on the new permanent residence of the applicant to the residence database and notify the applicant of such update; and provide a written explanation for the applicant if the application is rejected.”
The new law abandons conditions for residence registration in central cities. Instead, conditions for residence registration are applied nationwide under Article 21 which creates equality in residence management and ensures citizens’ right to freedom of residence. Citizens are allowed to apply for temporary residence in the place that they legally rent, borrow, or stay. The revision better protects citizen right to freedom of residence stipulated in the 2013 Constitution.
The 2020 Residence Law reflects Vietnam’s policy of modernizing and simplifying administrative procedures concerning the management of residents while ensuring transparency and publicity and making it easier for citizen to practice their right to freedom of residence. The law will help fine-tune the Vietnamese legal system towards stronger reforms, expanded international integration, and national industrialization and modernization