Is it permitted to transfer household registration during separation when the husband does not provide the original household registration booklet?
[Your Name]
According to Clause 2, Article 8 of Circular 35/2014/TT-BCA, the application dossier for requesting a household registration transfer certificate is stipulated as follows:
a) Notification form of household and population changes;
b) Household registration book (or family household registration book, collective population certificate previously issued).
As per your case, lacking a household registration book in the dossier will result in failing to meet the conditions for issuing a Household Transfer Certificate and also will not meet the conditions for registering permanent residence at your mother's house.
However, according to Clause 8, Article 10 of this Decree, the regulations are as follows:
The household head has the responsibility to facilitate the use of the household registration book by those also named in the book to resolve matters as prescribed by the law. In cases where the head intentionally causes difficulties or prevents those also named in the household registration book from using the book to resolve matters as prescribed by law, depending on the nature and extent of the violation, they will be handled according to legal regulations.
Thus, if your husband, as the household head, does not provide the household registration book for you to proceed with the household separation, he will be in violation of the regulations on residence registration and management as per Point a, Clause 1, Article 8 of Decree 167/2013/ND-CP as follows:
A fine ranging from 100,000 VND to 300,000 VND shall be imposed for one of the following acts:
a) An individual or household head fails to comply with the requirements on permanent residence registration, temporary residence registration, or adjustments to changes in the household registration book, temporary residence book;
In the above case, if your husband does not allow you to borrow the household registration book to separate the household, you can file a complaint with the local government authority to intervene and request cooperation to comply with the law.
Sincerely!









