What are procedures for household division according to the provisions of the Residence Law in Vietnam?

What are procedures for household division according to the provisions of the Residence Law in Vietnam?

I know that when the 2020 Residence Law takes effect, household registration books will no longer be used. So let me ask: If I do the procedure to divide households, what are the procedures and documents prescribed? And can I still hold the household registration book in my hand?

Reply:

In Article 25 of the Residence Law 2020, there are regulations on procedures for household division 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.

=> According to regulations in Vietnam, when the household division procedure is completed, the person whose household is separated will no longer be issued a household registration book, but the household division will be recorded on the residence database and notified to the person about updated information.

What are procedures for household division according to the provisions of the Residence Law in Vietnam? (Image from the Internet)

In what cases will place of residence of a minor be decided by the Court in Vietnam?

According to current legal regulations, in which cases will the place of residence of a minor be decided by the Court?

Reply:

Pursuant to Clause 1, Article 12 of the Residence Law 2020, the place of residence of minors is stipulated as follows:

1. The place of residence of a minor shall be the place of residence of their parents; if their parents have different places of residence, their place of residence shall be the place of residence of the parent with whom they usually live; in case the place where the minor usually live with their parent could not be determined, their parents shall agree on their place of residence; otherwise, the Court shall decide the place of residence of the minor.

2. Minors may have a place of residence different from the place(s) of residence of their parents with their parents’ permission or in compliance with the law.

Thus, if the place where they regularly live together cannot be determined, the minor's place of residence is the place agreed upon by the parents; In case the parents cannot agree, the place of residence of the minor will be decided by the Court according to the above regulations in Vietnam.

If I leave my place of residence while on probation, do I have to declare my temporary absence in Vietnam?

My husband received a suspended sentence and is on probation. Due to illness, he had to go to Hanoi for a 2-day examination. I don't know if I have to report to the commune police?

Reply:

According to Point a, Clause 1 and Clause 2, Article 31 of the Residence Law 2020, regulations on temporary absence declaration, in which:

1. Every citizen shall declare their temporary absence in the following cases:

a) The citizen is out on bail; or is convicted but has yet to receive the sentence enforcement decision or has received the sentence enforcement decision but is out on bail or granted suspension of sentence enforcement; or is convicted and undergoing probation; or is under mandatory supervision or serving a community sentence; or is on parole and leaves the commune-level administrative unit where they are residing for 01 day or more;

2. Before leaving their places of residence, the persons mentioned in Points a and b Clause 1 herein must declare their temporary absence with the registration authority of the locality where they reside. The application for temporary absence declaration includes an application for temporary absence declaration and written permission of the authority supervising, managing or educating the applicant.

The registration authority shall provide instructions for information to be declared and check this information. Within 01 working day starting from the date of receipt of an application for temporary absence declaration, the registration authority shall issue a document on temporary absence declaration to the applicant; for complicated cases, this time limit may be extended up to a total of 02 working days.

Thus, in case your husband receives a suspended sentence during the probation period, if he leaves the commune-level administrative unit where he resides for 1 day or more, he must declare his temporary absence in Vietnam.

Note: Must report temporary absence at the residence registration agency where that person resides (Commune Police). When reporting temporary absence, you must submit a request for temporary absence declaration and written consent from the competent authority to supervise, manage and educate that person.

Best regards!