Conditions for separation of households in 2023 in Vietnam

Conditions for separation of households in 2023 in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Conditions for separation of households in 2023 in Vietnam

A household member may separate themselves from their household to register the lawful place of residence where their household resides as their permanent residence on the following conditions:

- The separating member has full legal capacity; in case multiple members separate themselves from the household to form a new household, at least one of them must have full legal capacity;

- The household head and owner of the lawful place of residence agree to this separation, excluding the case where the separating members are divorced spouses who both may use the lawful place of residence;

- The permanent residence of the household is not among the cases provided for in Article 23 of the Residence Law 2020.

+ Places of residence situated in locations or areas forbidden from construction or encroaching protection corridors for national defense and security, transport, irrigation, dikes and energy, protection markers for technical infrastructure works and ranked historical - cultural sites, areas at risk of landslides, flash floods and pipe floods, and protection areas for other works as prescribed by law.

+ Places of residence the whole floor area of which are located on illegally encroached land or places of residence located on land not eligible for construction as per the law.

+ Places of residence issued with a decision on land use right revocation and decision approving plan for compensation, assistance and relocation by the competent authority; places of residence being houses the whole or a part of floor area of which is subject to a dispute or complaint related to ownership or right of use unresolved as per the law.

+ Places of residence confiscated as decided by the competent authority; vehicles which are registered as permanent residences but the vehicle registration of which has been annulled or which do not possess the inspection certificate for compliance with technical safety and environmental protection requirements as per the law.

+ Places of residence being houses issued with a demolition decision by the competent authority.

(Clause 1, Article 25 of the Residence Law 2020)

2. Application for household division in 2023

An application for household division includes a declaration of change to residence information, including permission for household division from the household head and owner of lawful place of residence or authorized person, unless a written permission has been obtained.

For post-divorce household division, the application for household division includes a declaration of change to residence information and written proofs of the divorce and permission to continue using the lawful place of residence.

(Clause 2, Article 25 of the Residence Law 2020)

3. Procedure for household division in 2023 in Vietnam

Procedure for household division is as follows:

- The applicant submits an application containing the documents mentioned in Clause 2 herein to the registration authority;

- Within 05 working days starting from the date of receipt of an adequate and valid application, the registration authority shall appraise and update information on the households related to the separation to the residence database and notify the applicant of such update; and provide a written explanation for the applicant if the application rejected.

3. Residency principles and residence management

- Residence and residence management shall adhere to the Constitution and the law.

- Residence and residence management shall ensure the legitimate rights and interests of citizens, the interests of the State, the community and the society; right to freedom of residence and other basic rights of citizens, and state responsibility for socio - economic development, national defense and security protection and preservation of public order and social safety in a harmonious manner.

- Residence registration procedures must be simple, convenient, timely, accurate and transparent; residence management must be strict and effective.

- Information on residence shall be updated to the national population database and residence database as prescribed by law; at a point in time, a citizen shall have only one permanent residence and may have one temporary residence.

- All violations against regulations of laws on residence registration and management must be detected and handled in a prompt and serious manner as per the law.

(Article 3 of the Residence Law 2020)

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