Instructions on the procedure for household separation from July 6, 2021 according to the Ministry of Public Security of Vietnam

The Ministry of Public Security of Vietnam has just issued Decision No. 5548/QĐ-BCA-C06 dated July 06 2021 on the announcement of new promulgated, amended, supplemented and annulled administrative procedures in the fields of residence registration and immigration under the handling competence of the Ministry of Public Security. In which, the separation procedure is carried out as follows:

Step 1: Individuals and organizations prepare applications as prescribed by law. 

Application:

- Separation of households to register permanent residence at the same lawful residence, the application includes:

Declaration of change of residence information (Form CT01 attached to the Circular No. 56/2021/TT-BCA), clearly stating the consent for the separation of households of the householder, legal owner of residence, except where written consent has been obtained.

- In case a household member registering for household separation is a divorced husband or wife but still living in the same lawful residence, the application includes:

+ Declaration of change of residence information (Form CT01 attached to the Circular No. 56/2021/TT-BCA);

+ Papers and documents proving the divorce and the continued use of that lawful residence.

Number of applications: 01 set.

Step 2: Individuals and organizations submit applications.

- Submit directly at the commune-level Police station.

- Submit online via online public service portals such as: the National Public Service Portal, the Public Service Portal of the Ministry of Public Security, the Residence Management Public Service Portal.

Time to receive application: Office hours on working days from Monday to Friday and Saturday morning (except for public holidays and New Year's Eve as prescribed by law).

Step 3: When receiving the application for household separation, the residence registration agency shall check the legality and content of the application:

+ If the application is complete and valid, the application shall be received and issued a receipt for the application and an appointment to return the results (form CT04 attached to the Circular No. 56/2021/TT-BCA) to the registrant;

+ In case the dossier is eligible but not enough, the residence registration agency will guide the registrant to supplement, complete dossier and issue a Receipt of instruction for supplement and complete the dossier (form CT05 attached to the Circular No. 56/2021/TT-BCA);

+ In case the dossier is not eligible,the residence registration agency will reject and issue a Receipt of refusal to receive and handle the application (form CT06 attached to the Circular No. 56/2021/TT-BCA) to the registrant.

- Step 4: Based on the appointment date on the Application Receipt Form and the appointment to return the results to receive the result of settlement of residence registration procedures (if any).

Time limit for settlement: Within 05 working days from the date of receipt of complete and valid dossiers, the residence registration agency shall appraise and update information on households related to the household separation in the Residency Database and notify the registrant that this information has been updated; in case of refusal to settle the household separation, it must reply in document and clearly state the reasons therefor.

Conditions for household separation

- Having full civil act capacity; in case many members jointly register to separate household to form a new household, among those members at least one person has full civil act capacity;

- With the consent of the householder or the lawful owner of the residence, unless a member of the household registering for household separation is a divorced husband or wife but still can use the same lawful residence;

- The place of permanent residence of the household is not a location not eligible for new permanent residence registration according to Article 23 of the Residence Law 2020 of Vietnam.

Bao Ngoc

 

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