If we are away from home for a long time, will our household registration be automatically deleted?

My husband and I are carrying out the procedures for moving abroad. If we are away from home for a long time, will our household registration be automatically deleted?

FDVN’s opinions:

Thank you for concerning FDVN’s legal services. Regarding your consulting requests, after studying the relevant legal documents, FDVN Law Firm would like to give you the following advice:

The cancellation of permanent residence registration means the cancellation of the name of a person who has registered permanent residence in the household registration book and the permanent residence registration book.

According to Point d, Clause 1, Article 22 of the Law on Residence 2006 amended in 2013, it is stipulated that people who go abroad to settle down will have their permanent residence registration deleted. Therefore, you fall into the case of having to delete your permanent registration.

Procedures for cancellation of permanent residence registration are specified in Clause 2, Article 11 Circular No. 35/2014/TT-BCA dated September 9, 2014, and Decree No. 31/2014/ND-CP:

a) Within 60 (sixty) days counting from the date a household member is subject to permanent residence deregistration, a household representative shall carry out procedures for the permanent residence deregistration. A dossier must comprise the notice of change in household registration or membership; the household registration book; and papers proving a person falling into a case subject to permanent residence deregistration;

b) Within 3 (three) working days after receiving a valid dossier, the permanent residence registry office shall delete the name of the citizen concerned from the permanent residence registration book or household registration book;

c) Within 3 (three) working days after the permanent residence deregistration, police offices of rural districts, urban districts or towns of centrally-run cities; towns or provincial cities shall adjust the permanent residence registration dossiers in the household registration archives, notify such to citizens’ identities archives and police offices of wards, communes or townships in which the persons subject to permanent residence deregistration register their permanent residence;

d) Within 3 (three) working days after the permanent residence deregistration, police offices of communes or townships of provincial districts shall notify such district police offices. After adjusting the archived household registration dossiers, district police offices shall notify such to the citizens’ identities archives.

As such, you can submit a preliminary application to the district police office to cancel the permanent residence registration.

Above is FDVN Law Firm’s opinion for your consulting requests based on studying the relevant legal provisions. Hopefully, FDVN’s advice would be helpful to you.

Nguyen Thi Thanh Thanh Tra – FDVN Law Firm