When household members are separate themselves from their household, does they need consent from household head in Vietnam?

When household members are separate themselves from their household, does they need consent from household head in Vietnam?

In 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.

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 current regulations in Vietnam, in case an adult child wishes to separate from the household, the consent of the household head is still required, unless a member of the household registering for household separation is a divorced husband or wife and still have the right to use the same legal residence.

Do parents have the right to forbid their children to separate themselves from their household in Vietnam?

In Article 3 of the Law on Residence 2020, there are provisions on residence and residence management rules as follows:

1. Residence and residence management shall adhere to the Constitution and the law.

2. Residence and residence management shall ensure the legitimate rights and interests of citizens, the interests of the State, the community and the society; right to freedom of residence and other basic rights of citizens, and state responsibility for socio - economic development, national defense and security protection and preservation of public order and social safety in a harmonious manner.

3. Residence registration procedures must be simple, convenient, timely, accurate and transparent; residence management must be strict and effective.

4. Information on residence shall be updated to the national population database and residence database as prescribed by law; at a point in time, a citizen shall have only one permanent residence and may have one temporary residence.

5. All violations against regulations of laws on residence registration and management must be detected and handled in a prompt and serious manner as per the law.

According to this Article, parents do not have the right to forbid their children to separate, children have the right to freely reside according to their own needs in Vietnam. The right to freedom of residence is limited only in the cases listed above.

What are responsibilities of registration authorities in separation of households in Vietnam? 

Article 33 of the Law on Residence 2020 provides that responsibilities of registration authorities are as follows:

1. Openly post administrative procedures; provide guidance on regulations of law on residence for regulatory bodies, individuals and households; announce locations, phone numbers or other ways of receiving stay notification and temporary absence declaration.

2. Update information on citizens’ residence to the national population database and residence database.

3. Confirm residence information, announce results of procedures for permanent residence registration, temporary residence registration, temporary residence extension, information declaration, revision of information on residence, household division and temporary absence declaration in writing, via electronic messages or by other ways as stipulated by the Minister of Public Security.

4. Manage and retain documents on residence registration and management and protect information on residence registration.

5. Handle propositions, complaints and denunciations of citizens concerning residence and residence management within their competence.

Thus, responsibilities of registration authorities in separation of households in Vietnam will be carried out in accordance with the above provisions.

Best Regards!