VietNamNet Bridge – Some agencies under the National Assembly and the government have said that the central city of Danang’s restrictions on immigration is illegal.
Da Nang hinders immigrants A man asks for information about registration formalities of permanent residency in Da Nang.
The Ministry of Justice’s Legal Document Inspection Department has sent a report on the inspection of Danang’s resolution on restricting immigrants, which was issued on December 23 2011, and takes effect in 2012. The report points out the point of view of relevant agencies about the resolution.
According to Dang Dinh Luyen, vice chair of the National Assembly’s Legal Committee, Vietnam’s current law does not have any regulation on “halting” citizens who meet conditions (having legal dwelling and having resided in a location for at least one year) from registering permanent residence status. Therefore, the resolution of the Danang People’s Council has no legal foundation and is contrary to the law on residence, Luyen concluded.
Danang’s resolution says that jobless people who live in rented houses or in the houses of their relatives or friends or people who have previous convictions or previous offences are temporarily granted permanent residence status.
Danang alleges that it is within the competence of provincial and municipal People’s Councils to “make decision on urban population management” and the restriction is temporary while waiting for the central government’s guidance. However, Luyen said that there are many measures to manage population but all measures must obey the Residence Law.
A representative of the Government Office’s Legal Department said that the regulation on the competence of provincial People’s Councils on population management and arrangement is the general rule. Specific decisions of People Councils must obey the laws that are issued later and specialized laws. Danang’s restrictions on immigration are the restriction of citizens’ residency freedom.
The Ministry of Public Security’s representative said that Danang’s resolution and arguments are inappropriate. Compared to other provinces and cities, Danang is a centrally governed city so its conditions on permanent residence status are stricter than others, under the Law on Residence.
In the report to the Minister of Justice Ha Hung Cuong, the Legal Document Inspection Department proposed that the Danang People’s Council to quickly amend the above resolution and learn from experience on compiling its resolution. Thu Hang