ベトナムの国内移住者に対する居住登録に関する法制の変容

Abstract

A household registration regime, which was commonly introduced into countries in East Asia, has been a tool for the administration of Vietnam to control its people by tying them to places of their birth and upbringing. Emerging labor demand in urban areas and industrial zones due to rapid economic development, especially after the start of the Doi Moi Policy, has increasingly motivated many people in rural villages to domestically migrate. This paper explores legal changes in the household registration for the domestic migrants in Vietnam. Although the administration of Vietnam did not legitimize domestic migration, it tolerated such movement and migrants' temporary residence. However, temporary residents have not always been entitled to enjoy the same level of social services as those provided for permanent residents in migrated places. Hence, growing social disadvantages have been posed to domestic migrants. In response, the Government of Vietnam decided to admit the transfer of household registry to migrated places for limited categories of migrants in 1988 and then for all categories of migrants who managed to fulfill the requirements in 1997. The requirements, however, turned out to be too rigid and ambiguous. The key requirements have been to have a legitimate place to reside and to reside for a certain period of time. The Government relaxed and clarified the requirements in 2005. The National Assembly of Vietnam adopted the Law on Residence in 2006 which stipulated the freedom of temporary residence and further relaxed and clarified the requirements. Changes in the legal regimes have been taken by the administration of Vietnam to facilitate transfer of household registry, while social disadvantages to temporary residents have not been addressed due to lack of the corresponding legislation.