[FREE LEGAL ADVICE]
QUESTION
I asked about household registration, I have a brother who is 50 years old this year, when he was 17 years old because of his family's hardship, he left home to go to Saigon to start a business, later on, when he was in my father's hometown, I was afraid of public service. At that time, the commune police came to ask, and my father said that it had been a long time, so the commune crossed my household registration now, my brother does not have a household registration book. Your family wants my brother to re-do his household registration, to have the rights of citizenship, please let me know how to do it again, please help.
ANSWER:
Greetings from MEDLAW, thank you for sending your question to us, based on the information you provided, we would like to advise as follows:
Contact your question, based on the information you have provided, you need to apply for permanent residence in the place where your family is living. You will need to submit a set of documents for permanent residence registration at the People's Committee of the commune where your family is living with the following documents:
Declaration of change of residence information, clearly stating the consent for permanent residence registration of the householder, owner of lawful accommodation or an authorized person, or a separate written consent submitted with dossiers;
Papers and documents proving personal relationship with the head of household, household members (for example, birth certificate, copy of old household registration book, ...), unless there is already information showing this relationship in the National Population Database, Residency Database;
Papers and documents proving other conditions specified at Points b and c, Clause 2, Article 20 of the Law on Residence 2020 (cited below).
Specifically, the legal basis of your case is as follows:
- According to Clause 2, Article 20 of the Law on Residence 2020, the conditions for permanent residence registration:
2. Citizens may register for permanent residence at lawful residences not under their ownership with the consent of the householders and owners of such lawful residences in the following cases:
a) The wife returns to live with her husband; husband to live with his wife; children go to live with their father and mother; father and mother come to live with their children;
b) The elderly return to live with their biological brothers, sisters, younger brothers and sisters; people with extremely severe disabilities, people with severe disabilities, people who are unable to work, people with mental illnesses or other diseases that cause loss of cognitive ability, ability to control behavior, and live with their grandfathers, grandmothers, maternal grandfather, grandmother, biological brother, biological sister, younger brother, biological uncle, biological uncle, biological uncle, biological aunt, biological aunt, biological nephew, guardian;
c) Minors have the consent of their father, mother or guardian or no longer have their parents to live with their paternal grandparents, maternal grandparents, paternal grandparents, paternal grandparents, maternal grandparents, biological brothers, sisters, and younger siblings. biological uncle, biological uncle, biological uncle, biological aunt, biological aunt; minors live with their guardians.
- According to Clause 2, Article 21 of the Law on Residence 2020, the application for permanent residence registration:
2. An application for permanent residence registration for a person specified in Clause 2, Article 20 of this Law includes:
a) A declaration of change of residence information, clearly stating the consent for permanent residence registration of the householder, owner of lawful accommodation or an authorized person, unless otherwise agreed. written;
b) Papers and documents evidencing the personal relationship with the head of household, household members, unless there is already information showing this relationship in the National Population Database, the National Population Database on residence;
c) Papers and documents proving other conditions specified at Points b and c, Clause 2, Article 20 of this Law.
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