Mar 17, 2013

Vietnam - Public Security Ministry removes provision on deregistration

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VietNamNet Bridge – Just two days after the draft law on residency was submitted to the National Assembly (NA) Standing Committee for discussion, the controversial regulation on deregistration of those who do not live in Vietnam from two years and prisoners have been removed, according to Mr. Tran The Quan, vice chief of the Ministry of Public Security’s Legal Department, the draft compiler.

Earlier, at the meeting of the NA Standing Committee on February 26, a representative of the Ministry of Public Security said: "Those who go abroad for two years will have their names are deregistered from the family record book. When they return to Vietnam, their names will be added to the book again. It’s very simple!" But in fact, the procedures for registration and deregistration of residency is not easy as this official claimed.

Mr. NTH, a HCM City’s citizen, told the HCM City Law Newspaper: "In 2002 when my son went abroad to study, the local police advised me to deregister my son from our family record book to help the local authorities in management. They promised that when my son returns home, they would make favorable condition for resident re-registration and this process would be very simple and easy. I agreed.”

However, paper-work related difficulties arrived not long after deregistration when his son asked for the judicial police record verification at the HCM City Department of Justice.

"Because my son’s name was no longer in our family record book so the Justice Department had to send his records to the Ministry of Public Security for verification. We had to wait for a month to get it completed. While it took my son’s friend for just a week because his name is still in his family record book," Mr. NTH said.

It was more difficult for a Hanoi’s man, Mr. Nguyen Quang Van. Before going to France to study for five years, he also deregistered from his household record book under the guidance of the local police.

"At first hearing about residency deregistration, I did not agree because I determined to return home after the course. But after hearing the police’s explanation that this is only temporary during my absence and to easily get the necessary papers for the trip, I agreed," Van said.

Earlier this year, after two years studying in France, Van returned to Vietnam in order to get married and then go to France for continuing his studies.

But when Van saw local officials to ask for the certificate of marital status, they said that he was no longer a local resident so they could not immediately give him the marital status confirmation.

"To get any kind of paper during this time, I have to apply for certification by the Vietnamese consulate in France. I applied my application to the consulate for two weeks but I have not received the results. It takes time!" Van complained.

According to Van, residency deregistration has been complained by many overseas students for a long time. Many people knew that their names were removed from their family record books before they left Vietnam but many others only knew it after they returned home and did paperwork.

"My friend told me that it is not easy for re-registration of residency. After returning home from Japan, it took him a few months for re-registration," Van said.

A ward-level policeman who wanted to be anonymous said that before 2007, the provisions on deregistration of residency was active for those who go abroad for a long time and prisoners. However, after the Residence Law was issued, only the case of death, those who are declared as missing or dead by the court, going abroad for resettlement are asked for deregistration of residence.

The police officer assumed that the residence management in practice is more and more complex, so the provision on deregistration can partly help state agencies.

"However, before issuing any decision, lawmakers need to find out whether the decision is supported by the people or not," he said.

HCM City’s lawyer Le Van Hoan said that deregistration of residence only facilitates state agencies but causes many difficulties and troubles for the people. Before issuing any regulation, lawmakers should expect all the circumstances that can happen in the actual situation to not affect the interests of the people.

The Ministry of Public Security’s official, Mr. Tran The Quan, said that the Ministry decided to remove the provision from the draft law on residence based on the consideration on social psychology on this issue.


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