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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