What is residence registration when the head of household has passed away in Vietnam? Will making a citizen ID card revoke the household registration book in Vietnam?

What is residence registration when the head of household has passed away in Vietnam?

Clause 4, Article 10 of the 2020 Residence Law stipulates rights and obligations concerning residence of household heads and household members, 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.

In addition, Article 10 of Circular 55/2021/TT-BCA regulates revision of residence information in residence database:

1. In case of change of household head, the household head to be replaced must give their consent in the declaration of change to residence information (unless they have given their consent in writing) or household head election agreement of household members or document deciding household head of the Court must be provided. In case the household head is deceased or missing or lacks legal capacity, besides household head election agreement of household members, a death certificate or the Court’s decision declaring that the household head is deceased or missing or lacks legal capacity must be provided.

2. In case of change to civil status information compared to information in the residence database, documentary proof of permission for such change from the competent civil registration authority must be provided. If information on the change is already available in the electronic civil status database, such documentary proof is not required.

3. In case of change to address of place of residence due to change to administrative unit boundaries, administrative unit name, name of street, neighborhood, village, commune or hamlet, or house number, the competent residence management authority shall update the address in the residence database based on the document on change to administrative unit boundaries, administrative unit name, name of street, neighborhood, village, commune or hamlet, or house number from the competent authority.

Thus, if you want to import your wife's household registration into your household, you must go through procedures to change the head of household because your grandfather has passed away in Vietnam.

To change the head of the household, you must meet all the people who share the same household registration with your grandfather, and make a record to agree on appointing someone to be the head of the household in Vietnam. After that, the new head of household submits the application to the administrative agency to complete the procedure for changing the head of household and must submit it along with your grandfather's death certificate.

Only then can you register your wife's residence into your family.

Will making a citizen ID card revoke the household registration book in Vietnam?

According to Article 26 of Circular 55/2021/TT-BCA stipulates as follows:

1. This Circular takes effect from July 01, 2021 and supersedes Circular No. 35/2014/TT-BCA and Decree No. 31/2014/ND-CP.

2. When a citizen carries out a procedure for permanent residence registration, change to information in the residence database, household division, annulment of permanent residence registration, temporary residence registration, temporary residence extension or annulment of temporary residence registration that changes information in their family registry or temporary residence registry, the registration authority shall revoke the issued family registry or temporary residence registry, update information in the residence database in compliance with regulations of the Residence Law and not issue a new family registry or temporary residence registry or reissue the old family registry or temporary residence registry to the citizen.

3. Registration authorities shall deposit revoked family registries together with residence registration documents in residence document archives and retained revoked temporary residence registries as prescribed by law.

According to this Article, when people go through procedures that lead to changes in information in the household registration book or temporary residence book, the household registration book will not be revoked in Vietnam.

What are conditions for household division of individuals in Vietnam?

Pursuant to Clause 1, Article 25 of the 2020 Residence Law, it is stipulated that households will be separated 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.

With this regulation, individuals who want to separate households need to fully meet the above conditions in Vietnam.

Best regards!