Is it possible for household head not agreeing on household separation in Vietnam?

Is it possible for household head not agreeing on household separation in Vietnam?

My wife and I are applying for permanent residence with our parents. For the convinience of work, I wanted to separate, but my father did not agree. So can I do the separation or not? What documents are required for the separation of households?

Reply:

According to Article 25 of the Residence Law 2020, the separation of households is 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.

According to regulations in Vietnam, if you want to separate households, you must have the consent of the household head, the legal owner of the accommodation must agree to do the separation. But according to your information, currently your father is the household head and does not agree with the separation, so you will not be able to do the separation. 

Procedures for separation of households specified in Clause 3 of this Article are as follows:

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.

How many days does it take to return the results of temporary residence registration in Vietnam?

How many days does it take to return the results of temporary residence registration? My name is Thi and I am 30 years old. Last night, I went to register for temporary residence at the commune-level police office. I was promised results in 3 days. I want to ask is the maximum time that I can receive the results of temporary residence registration and in what form will the competent authority respond?

Reply:

Pursuant to Article 28 of the 2020 Residence Law, applications and procedures for temporary residence registration and temporary residence extension are as follows:

1. Application for temporary residence registration includes:

a) Declaration of change to residence information; if the applicant is a minor, the declaration must include the permission from either of their parents or guardian, unless a written permission has been obtained;

b) Written proof of ownership of lawful place of residence.

2. The applicant shall submit their application to the registration authority of the locality where they plan to reside temporarily.

Upon receipt of the application, the registration authority shall check it and issue an acknowledgement of application receipt to the applicant; and instruct the applicant on how to complete their application if it is incomplete.

Within 03 working days starting from the date of receipt of an adequate and valid application, the registration authority shall appraise and update information on the new temporary residence and temporary residence period of the applicant to the residence database and notify the applicant of such update; and provide a written explanation for the applicant if the application rejected.

3. At least 15 days before the end of the registered temporary residence period, the citizen must apply for temporary residence extension.

Application and procedure for temporary residence extension shall adhere to regulations in Clauses 1 and 2 herein. After appraising the application, the registration authority shall update information on the new temporary residence period of the applicant to the residence database and notify the applicant of such update; and provide a written explanation for the applicant if the application rejected.

Thus, according to current regulations in Vietnam, comparing with the case you mentioned, you can know the result of temporary residence registration within 03 working days, in case of refusal, the competent authority will have to reply in writing and clearly state the reason for the refusal.

Can my wife become household head in Vietnam? 

Let me ask, my wife and I want to separate and live separately with our parents. So is the husband automatically the new household head or not, can the wife be the household head or not?

Reply:

Pursuant to Clause 4, Article 10 of the Law on Residence 2020, the rights and obligations of the head of household and household members regarding residence are as follows:

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.

Thus, according to the above regulations in Vietnam, the household head is agreed and appointed by family members. In your case, the husband will not automatically be the head of the household when separating the new household. If the husband and wife agree to let the wife be the head of the household, the wife will be recognized as the head of the household when completing the procedures.

Best regards!