Is my husband's consent required when separating household after divorce in Vietnam?
My husband and I are divorced. Now I want to separate my household registration but if I live in the same house, do I need my husband's consent (husband is the household head)? Hoping for an answer soon.
Is my husband's consent required when separating household after divorce in Vietnam?
Pursuant to Clause 1, Article 25 of the Law on Residence 2020, there are provisions on 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.
Thus, according to the above provisions in Vietnam, if you have divorced your husband and still use the same accommodation as before the divorce, you do not need to get the consent of your husband as the household head when separating.
Best Regards!