In Vietnam: Is it permissible for a household member to separate themselves from their household to register residence at houses which are subject to a dispute?
In Vietnam: Is it permissible for a household member to separate themselves from their household to register residence at houses which are subject to a dispute? What are regulations on application and procedures for household division in Vietnam?
I'm living in my father's house. He died last month. My siblings want to inherit the house. However, I want to separate my household and register permanent residence at my father's house before settling the inheritance. Am I allowed to do this?
Thank you!
In Vietnam: Is it permissible for a household member to separate themselves from their household to register residence at houses which are subject to a dispute?
Pursuant to Article 25 of the Law on Residence in 2020 stipulating household division in Vietnam 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.
Pursuant to Article 23 of the Law on Residence in 2020 stipulating locations not eligible for new permanent residence registration in Vietnam as follows:
1. 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.
2. 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.
3. 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.
4. 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.
5. Places of residence being houses issued with a demolition decision by the competent authority.
As regulations above, you are not allowed to separate your household and register permanent residence at your father's house as it is in a dispute.
What are regulations on application and procedures for household division in Vietnam?
Pursuant to Clause 2 and 3, Article 25 of the Law on Residence in 2020 stipulating application and procedures for household division in Vietnam as follows:
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.
In your case, when the dispute ends, you may carry out procedures for household division in Vietnam.
Best regards!
