Is it permitted to transfer household registration during separation when the husband does not provide the original household registration booklet?

Dear Specialist,My husband and I have been separated for 3 years now, and I wish to transfer my household registration to my mother's house. However, my husband is the head of the household and he does not give me the household registration book. Therefore, how can I transfer my household registration in this situation?Thank you.Sincerely,
[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!

Related Posts
LawNet
What is the Detailed list of 20 Regional Customs Sub-Departments in Vietnam from March 1, 2025?
LawNet
What is the List of 35 regional social security offices in Vietnam from March 1, 2025?
LawNet
What is the organizational structure of the Ministry of Industry and Trade of Vietnam from March 1, 2025?
LawNet
What is the latest form for evaluation and quality classification of officials in Vietnam in 2025?
LawNet
What is the latest form for evaluation and quality classification of public employees in Vietnam in 2025?
LawNet
Has the Law on Promulgation of Legislative Documents in 2025 in Vietnam been issued?
LawNet
Decree 37/2025/ND-CP stipulating the functions, tasks, powers, and organizational structure of the Ministry of Education and Training of Vietnam
LawNet
Decree No. 36/2025/ND-CP stipulating the functions, tasks, powers, and organizational structure of the Office of the Government of Vietnam
LawNet
Decree 39/2025/ND-CP on the powers and organizational structure of the Ministry of Justice of Vietnam
LawNet
Official: Law on Organization of Local Governments in 2025 in Vietnam
Lượt xem: 0
Latest Post

Đơn vị chủ quản: Công ty THƯ VIỆN PHÁP LUẬT.
Chịu trách nhiệm chính: Ông Bùi Tường Vũ - Số điện thoại liên hệ: 028 3935 2079
P.702A , Centre Point, 106 Nguyễn Văn Trỗi, P.8, Q. Phú Nhuận, TP. HCM;