04:14 | 08/02/2023

Vietnam: What are the regulations on the latest household registration separation procedure in 2023? What is the fee for separating household registration in 2023?

I would like to ask how the latest household registration separation procedure in 2023 is regulated in Vietnam? - Asked Mr. Minh (Hai Phong)

What conditions are required to separate household registration in Vietnam?

Pursuant to Clause 1, Article 25 of the Law on Residence 2020 of Vietnam stipulates that household members may separate households to register for permanent residence at the same lawful accommodation when satisfying 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 this Law on Residence 2020 of Vietnam.

The reference to Article 23 of the Law on Residence 2020 of Vietnam stipulates that the location cannot be registered for new permanent residence as follows:

- 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.

Vietnam: What are the regulations on the latest household registration separation procedure in 2023? What is the fee for separating household registration in 2023?

Vietnam: What are the regulations on the latest household registration separation procedure in 2023? What is the fee for separating household registration in 2023?

How is the household registration separation record in 2023 regulated in Vietnam?

Pursuant to Clause 2, Article 25 of the Law on Residence 2020 of Vietnam stipulates that the dossier of separation of households includes:

- 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 mentioned in Point b, Clause 1, Article 25 of the Law on Residence 2020 of Vietnam, the application for household division includes:

+ a declaration of change to residence information

+ written proofs of the divorce and permission to continue using the lawful place of residence.

How is the latest household registration separation procedure in 2023 regulated in Vietnam?

Pursuant to 3 Article 25 of the Law on Residence 2020 of Vietnam stipulates as follows:

Article 25. Household division
....
3. Procedure for household division:
a) The applicant submits an application containing the documents mentioned in Clause 2 herein to the registration authority;
b) 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.

Accordingly, the procedure for separating household registration is prescribed as follows:

Step 1: The applicant submits an application containing the documents mentioned in Clause 2 herein to the registration authority;

Step 2: 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.

What is the fee for separating household registration books in 2023 in Vietnam?

Based on the schedule of residence registration fees issued together with Circular 75/2022 / TT-BTC stipulating the fee for separating household registration books in 2023 as follows:

The separation fee is 10,000 VND/time for citizens applying directly and 5,000 VND/time for citizens applying online. This fee will be applied from 05/02/2023 when Circular 75/2022/TT-BTC takes effect

Before February 05, 2023, the fee for separating households in localities is decided by the People's Council.

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