Can I separate myself from my family's household if I'm under 18 years old in Vietnam? At what agency can households be divided in Vietnam?

Can I separate myself from my family's household if I'm under 18 years old in Vietnam?

Pursuant to Clause 1, Article 25 of the Law on Residence 2020, conditions for household division are stipulated as follows:

1. 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:

a) 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;

b) 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;

c) The permanent residence of the household is not among the cases provided for in Article 23 of this Law.

According to Article 20 of the 2015 Civil Code, regulations on adults are as follows:

1. Adults are persons who are eighteen years of age or older.

2. Each adult shall have full legal capacity, except for the cases prescribed in Articles 22, 23 and 24 of this Code.

Pursuant to Section 1, Part One, the newly promulgated, amended, supplemented and abolished administrative procedures in the field of residence registration and immigration under the jurisdiction of the Ministry of Public Security are issued with Decision 5548 /QD-BCA-C06 of 2021 stipulates:

Commune police agencies have the authority to separate households. In case there is no commune-level administrative unit, the commune-level administration will be carried out at the district police station.

Thus, according to current regulations in Vietnam, people aged 18 years or older are considered adults and can separate households. Therefore, the fact that you want to separate your current household is not eligible.

Can I separate myself from my family's household if I'm under 18 years old in Vietnam? At what agency can households be divided in Vietnam? (Image from the Internet)

At what agency can households be divided in Vietnam? 

According to Clause 3, Article 25 of the Law on Residence 2020, 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.

In Clause 4, Article 2 of the Law on Residence 2020, it is stipulated that “residence registration authority” (hereinafter referred to as “registration authority”) means a residence authority directly processing residence registration of citizens, including commune police and police of districts where there is no commune-level administrative unit.

According to Section 1, Part One, the newly promulgated, amended, supplemented and abolished administrative procedures in the field of residence registration and immigration under the jurisdiction of the Ministry of Public Security are issued with Decision 5548 /QD-BCA-C06 of 2021 stipulates:

Commune police agencies have the authority to separate households. In case there is no commune-level administrative unit, the commune-level administration will be carried out at the district police station.

According to this Article, when you meet the above conditions, you can go to the commune-level police office where you reside to separate your household in Vietnam.

Best regards!