Question: Recently, the police have frequently conducted sudden inspections of temporary residence at rental areas. I am currently renting a room for living and working, having stayed for about 3 months but the landlord has not carried out the temporary residence registration for me. May I ask, in this case, is the temporary residence registration a mandatory obligation of the landlord or must I register it myself? If penalized due to not registering temporary residence, who will the responsibility and penalty level apply to?
Answer:
Under the Law on Residence 2020, Temporary residence registration is the act of a citizen declaring their place of residence outside the commune level administrative unit where they have registered their permanent residence to the competent state agency. This is a mandatory procedure for the state management agency to capture population changes and ensure local security and order.
1. Obligation of temporary residence registration
According to Clause 1, Article 27 of the Law on Residence 2020, citizens moving to live in lawful accommodation outside the commune-level administrative unit where they have registered permanent residence for work, study, or other purposes for 30 days or more must register for temporary residence.
Therefore, the obligation to register for temporary residence lies with the tenant, meaning the person directly residing at that location, regardless of whether the landlord performs this procedure on their behalf or not. In a case where a person has resided for 03 months without registering for temporary residence, they are non-compliant with the time limits prescribed by law.
Regarding the landlord, the law does not impose an obligation to register temporary residence on behalf of the tenant. Instead, the landlord only has the following responsibilities:
- Notification of stay when someone arrives to stay (pursuant to Clause 1, Article 30 of the 2020 Law on Residence);
- Providing papers and documents proving lawful accommodation (such as the lease agreement, certificate of ownership, etc.) to enable the tenant to complete the application file for temporary residence registration (pursuant to Point a, Clause 1, Article 28 of the Law on Residence 2020).
2. Conditions, duration, and cases where temporary residence registration is not permitted
Pursuant to Article 27 of the Law on Residence 2020:
- The maximum duration of temporary residence is two (02) years and may be extended multiple times if the individual continues to reside at such location;
- Citizens are not permitted to register new temporary residence at locations falling under the prohibited cases prescribed in Article 23 of the Law on Residence 2020 (e.g. unlawful accommodation, encroached premises, or premises failing to meet legal conditions).
Accordingly, if the rented accommodation falls within any prohibited category, the police authority is entitled to refuse temporary residence registration and must issue a written response clearly stating the reasons for such refusal.
3. Dossier and procedures for temporary residence registration
Pursuant to Article 28 of the Law on Residence 2020, the dossier for temporary residence registration includes:
- A declaration of changes to residence information; and
- Documents evidencing lawful accommodation.
The tenant shall submit the dossier to the residence registration authority at the place of intended temporary residence. Within three (03) working days from receipt of a complete and valid dossier, the police authority is responsible for updating the temporary residence information in the Residence Database or issuing a written notice in case of refusal.
At least 15 days prior to the expiry of the registered temporary residence period, the citizen must carry out procedures for extension of temporary residence if he/she continues to reside at such location.
4. Responsibilities and penalty levels when violating
For Vietnamese citizens: The responsibility to pay the fine belongs to the tenant. The act of failing to properly carry out regulations on temporary residence registration will be subject to a warning or a fine from 500.000 VND to 1.000.000 VND (pursuant to point a clause 1 Article 10 of Decree 282/2025/ND-CP).
For foreigners: Foreign individuals can also be penalized for violations from 3.000.000 VND to 40.000.000 VND depending on the actual number of overdue days if overstaying the temporary residence period (pursuant to Article 21 of Decree 282/2025/ND-CP).
5. Notes and recommendations for the client
Firstly, the client needs to request the landlord to provide a copy of the lease agreement or documents proving lawful ownership to personally carry out the temporary residence registration procedure (pursuant to point a clause 1 Article 28 of the Law on Residence 2020).
Secondly, in case the landlord does not cooperate in providing documents, the client should keep evidence (messages, written requests) to explain to the police agency when there is a sudden inspection, in order to prove that they do not intentionally evade the obligation.
Thirdly, to properly comply with the law, the client must proactively carry out the temporary residence registration procedure immediately (pursuant to clause 1 Article 27 of the Law on Residence 2020).
