Can a person who is not yet married separate households in Vietnam?

Can a person who is not yet married separate households in Vietnam? What are the rights and obligations of the household head and household members regarding residence in Vietnam?

Hello Lawnet. Can I separate households from my parents even if I am not yet married?

Can a person who is not yet married separate households in Vietnam?

Pursuant to Clause 25 of the Law on Residence in 2020 stipulating household division 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.

2. 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 herein, 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.

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.

Therefore, as long as you meet the above conditions and the household head of your current household agrees to allow you to separate households, you can separate households even if you are the only one separating households.

Can a person who is not yet married separate households in Vietnam? - Source: Internet

What are the rights and obligations of the household head and household members regarding residence in Vietnam?

Pursuant to Clause 10 of the Law on Residence in 2020 stipulating rights and obligations concerning residence of household heads and household members as follows:

Rights and obligations concerning residence of household heads and household members

1. Persons living together in a lawful place of residence and related by blood (paternal grandparents, maternal grandparents, parents, spouse, children and biological siblings, nieces, nephews and grandchildren) may register that place as their permanent or temporary residence as one household.

2. A person besides the cases mentioned in Clause 1 herein, if eligible to register the same lawful place of residence as their permanent or temporary residence according to regulations of this Law, may register that place as their permanent or temporary residence with the previously mentioned household.

3. Multiple households may register one lawful place of residence as their permanent or temporary residence.

4. The head of a household shall be a person with full legal capacity selected by all household members; for households without a person with full legal capacity, the household head shall be the person selected by all household members; if the household members fail to agree on a household head, the Court shall select the household head from the household members.

If a household has only one member, that member shall be the household head.

5. Rights and obligations of household heads concern enabling their household members to comply with regulations on residence registration and management and other regulations in this Law as well as giving instructions on such compliance; and notifying the registration authority if any household member is among the cases mentioned in Clause 1 Article 24 and Clause 1 Article 29 of this Law.

6. Rights and obligations of household members concern selecting the household head and fully complying with regulations on residence registration and management.

Above are the rights and obligations of the household head and household members regarding residence in Vietnam.

Best regards!

 

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