Is it permissible for 20-year-old persons to have household separated in Vietnam?
Is it permissible for 20-year-old persons to have household separated in Vietnam? How long does the household separation procedure take?
Hello Lawnet, I am 20 years old. I have a desire to live independently, so I want to separate my current household to establish a new one. Is it permissible to do so? Looking forward to your consultancy.
Is it permissible for 20-year-old persons to have household separated in Vietnam?
Pursuant to Article 25 of the Law on Residence in 2020 stipulating household separation 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.
2. An application for household separation includes a declaration of change to residence information, including permission for household separation 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 separation mentioned in Point b Clause 1 herein, the application for household separation includes a declaration of change to residence information and written proofs of the divorce and permission to continue using the lawful place of residence.
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Pursuant to Article 20 of the Civil Code in 2015 stipulating 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.
As regulations above, you have full legal capacity, so you are permissible to seprarate your household.
How long does the household separation procedure take?
Pursuant to Clause 3, Article 25 of the Law on Residence in 2020 stipulating procedure for household separation in Vietnam as follows:
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.
As regulations above, the procedure of household separation shall be carried out within 05 working days starting from the date of receipt of an adequate and valid application.
Best regards!