The Residence Law 2020 will be effective from July 01, 2021, replacing the Residence Law 2006 of Vietnam. According to this new law, from July 01, 2021, people do not need to carry out procedures to separate the household registration book when wishing to separate from the current household owner.
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According to the Residence Law 2020 of Vietnam, there will be no new or re-issued household registration books and temporary residence books. Therefore, the procedure to separate the household registration book will no longer be mentioned, but instead, the household separation procedure. The residence registration agency is responsible for verifying and updating information about households related to household separation into the residency database and notifying the registrant of the updated information.
Specifically, according to Article 25 of the Residence Law 2020 of Vietnam, 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:
- The separating member has full legal capacity; (Note: in case multiple members separate themselves from the household to form a new household, at least one of them must have full legal capacity);
- 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;
- The permanent residence of the household is not among the cases provided for in Article 23 of the Residence Law 2020 of Vietnam.
If all the above-mentioned conditions are met, the applicant shall submit 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 (People's Police at commune, ward, township, etc.). 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.
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 is rejected.
Currently, according to Article 27 of the Residence Law 2006 of Vietnam, persons who have full civil act capacity and the need for household registration book separation or persons who have been entered in household registration books and get the household heads' written consent for separation from their household registration books shall be entitled to household registration book separation. Concurrently, within 7 working days after the receipt of complete dossiers, competent agencies shall return the results of household registration book separation.
Thus, it can be seen that, from July 01, 2021 when the Residence Law 2020 of Vietnam officially takes effect, the procedure for separating household registration books will be abolished and replaced by the household separation procedure when people wish to separate from the current household. It can be understood that, when people separate, they will no longer be issued with a new household registration book as at present, but instead, the residence registration agency will update information about the household related to the separation into the residence database and notify the applicant that the information has been updated.
Moreover, it should be noted that issued household registration books and temporary residence registers may continue to be used and are equivalent to written confirmations of residence per this Law until December 31, 2022 inclusive. Concurrently, when a citizen carries out a residence registration procedure that changes information in their household registration book or temporary residence register, the registration authority shall revoke the issued household registration book or temporary residence register, update information in the residence database in compliance with regulations of this Law and not issue a new household registration book or temporary residence register or reissue the old household registration book or temporary residence register to the citizen.
- Key word:
- Residence Law 2020
