Hello lawyer, My wife and I have been married for more than 1 year and have 2 children. But now I still live with his parents and still share the same household registration book. Currently, we want to separate the household registration book to move out in the next year. My lawyer asked me, how to separate the household registration book? What documents need to be prepared? Ask a lawyer to advise me. Thank you lawyer.
Hi, thank you for sending us your question. Please refer to the article below.
Legal grounds
- Residence Law 2020
What is a household registration book?
Household separation means that a person who is registered for permanent residence and whose name is in the household register carries out the procedures for deleting his/her name in that household registration (deleting permanent residence registration) and registering a new household (at the same legal residence).
Thus, the result of household separation is a new household with information about the person being separated. In case there is only one person who separates from the family, that person will be the head of the household in the new household registration. If many people separate and register a new household registration, one person will be agreed to be the head of the household.
Conditions for separation of household registration
Pursuant to the provisions of Article 25 of the Law on Residence 2020, household members may separate their households to register for permanent residence at the same lawful residence when satisfying the following conditions:
Have full civil act capacity. If more than one member registers to separate households to establish a new household, at least one of the members has full civil act capacity;
– With the consent of the household head, except for the case where the member registering for household separation is a divorced husband or wife but still can use the same lawful residence;
– The permanent residence of the household does not fall into the cases specified in Article 23 of the Law on Residence 2020, specifically:
Accommodation located in prohibited places, areas prohibited from construction or encroachment, occupying corridors protecting defense, security, traffic, irrigation, dikes, energy, landmarks protecting technical infrastructure works, historical-cultural sites have been ranked, the area has been warned about the risk of landslides, flash floods, pipe floods and other construction protection areas as prescribed by law.
Accommodation where the entire residential area is located on encroached or illegally occupied land or the accommodation is built on an area of land that is not eligible for construction as prescribed by law.
The accommodation has a decision on land acquisition and a decision on approval of the compensation, support and resettlement plan issued by a competent state agency; accommodation means a house in which part or the whole of the housing area is under dispute or complaint related to ownership and use rights but has not been resolved according to the provisions of law.
The accommodation is confiscated under a decision of a competent state agency; the vehicle used as a place of permanent residence registration has been deregistered or does not have a certificate of technical safety and environmental protection as prescribed by law.
Accommodation means a house that has been demolished by a competent state agency.
In short, if you want to separate your household registration when you are residing in the same place of residence, you only need to carry out the household separation procedure without necessarily having your own house and must have at least one person with full civil capacity, and at the same time approved by the head of the household, the owner of the legal accommodation agrees to separate the household.
What documents are required for separation of household registration?
Procedures for separation of household registration
Step 1: Individuals and organizations prepare documents according to the provisions of law.
Step 2: Individuals and organizations submit dossiers at the commune-level police station.
Step 3: When receiving the dossier of household separation, the residence registration agency checks the legality and content of the dossier:
In case the application is complete and valid, the application shall be received and issued with a receipt of the application and an appointment to return the results to the registrant;
In case the dossier is eligible but not enough, the applicant shall provide instructions on supplementing and completing the application and issue the Instructions for supplementing and completing the dossier to the registrant;
In case the application is not eligible, it will be rejected and issued a slip of refusal to receive and handle the application for the registrant.
Step 4: Return the result:
Time limit for processing dossiers: 5 working days from the date of receipt of complete dossiers
In case the household registration book is separated: receive the dossier; re-check papers and documents, compare information recorded in the household registration book, other papers and sign for receipt in the household registration monitoring book (signature, specify full name and date, month and year of receipt of registration). result).
In case the household registration book cannot be separated: Receive back the submitted documents; re-examine papers and documents contained in the dossier; receive a document about the non-separation of the household registration book and sign it (specify the full name and date of receipt of the document and the submitted residence registration dossier) in the household registration monitoring book.
Time to receive dossiers: Office hours on working days from Monday to Friday and Saturday morning (except holidays and New Year’s as prescribed by law).
What does the household registration dossier include?
To separate households to register for permanent residence at the same lawful residence, the dossier includes:
The declaration of change of residence information, clearly stating the consent of the householder to separate the household, the owner of the lawful residence, unless there is a written consent.
- In case a household member registering for household separation is a divorced husband or wife who can still live in the same lawful residence, the dossier includes:
- Declaration of change of residence information.
- Papers and documents proving the divorce and the continued use of that lawful residence.
Instructions to separate household registration online
Step 1: Visit the website of the Residence Management Public Service Portal. Then “Login”
Note: If you do not have an account, register for an account at the National Public Service Portal
Step 2: In the “Public service” section, select “Permanent residence”.
Step 3: Fill in the required information.
Step 4: Take photos of documents and upload required photo files on the system. This is the basis for the authorities to verify and process your application.
Step 5: You click on the line “I am responsible before the law for the above statement”. Then select “Record and submit application” to complete the online procedure.
After completing the registration, you will wait a few days to receive the results from the authorities. You can choose to receive your results online through the portal. Or get the results directly at the police office.
How much does it cost to split a household book?
Current legal regulations stipulate that when carrying out the procedures for household separation, citizens only need to submit a complete dossier in accordance with the law and will be approved after successful appraisal.
The law does not specify how much money is required for household separation and does not require payment of fees when separating households. However, if at the same time separating households and applying for permanent residence registration to have a household registration number, we must pay a fee when issuing the number.
Where is household separation done?
Accordingly, the residence registration agency is the residence management agency that directly performs the residence registration of citizens, including:
Police of communes, wards and townships;
Police of districts, urban districts, towns, provincial cities, centrally run cities where there is no commune-level administrative unit.
In addition, according to the guidance in Decision 5548/QD-BCA-C06, people can apply online through online public service portals such as: Public service portal through National Public Service Portal, or through the Public Service Portal of the Ministry of Public Security, the Residence Management Public Service Portal.
How long does it take to separate a household?
According to the provisions of Clause 3, Article 25 of the Law on Residence, within 05 working days from the date of receipt of a complete and valid dossier, the residence registration agency is responsible for assessing and updating information about the household. the family involved in the separation into the Residency Database and notify the registrant that the information has been updated; in case of refusal to settle the household separation, it must reply in writing and clearly state the reasons therefor.
Please see more
- E-commerce platform registration service in Vietnam
- What is the procedure to import a household registration certificate for overseas Vietnamese to repatriate?
- What should Vietnamese citizens do when their household registration expires?
Fast household separation service
Household registration is a method of managing the country’s demographics. The issue of household separation is a common problem in residency procedures. The order and procedures for applying for household registration may seem simple and easy, but in fact, the law stipulates the procedure for separation of household registration frequently with changes. Therefore, for quick household separation, you can refer to the separation service of Lawyer X. When using the service of Lawyer X, customers only need to provide some necessary information. The rest of the procedures we will handle for you. Specifically:
Prepare documents and records in accordance with current regulations of law on the basis of information provided by customers;
Representing clients to carry out procedures for household registration separation at competent state agencies;
Track records and represent customers to receive results at state agencies;
Contact LSX Lawfirm
Finally, we hope this article is useful for you to answer the question about: “Fast household separation service in Vietnam”. If you need any further information, please contact LSX Law firm: +84846175333 or Email: [email protected]
Frequently asked questions
According to the current law, if you want to separate households in the same place of residence, you only need to carry out the procedure for separating households without necessarily having a separate house. Note that at least one person has full civil act capacity; with the consent of the householder or the owner of the legal residence to separate the household.
According to Article 25 of this Law, a household member may separate from his/her household to register for permanent residence at the same lawful residence when the following conditions are satisfied:
Having full civil act capacity; in case many members jointly register to separate households to form a new household, among those members at least one person has full civil act capacity;
– With the consent of the householder or owner of the legal residence, unless a household member who registers for household separation is a divorced husband or wife but still can use the same legal residence.
The place of permanent residence of the household does not fall into the cases specified in Article 23 of this Law.
Thus, if before July 1, 2021, the wife enters the household registration book with her husband, after a divorce, if she wants to separate the household registration book, her husband’s consent (or vice versa), from July 1, 2021, this condition is not required.
Conclusion: So the above is Fast household separation service in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
