Is it possible to make a family registry when not having an own house?

Legal situation: 

I am 28 years old, now living with my natural parents. I want to separate myself from my family’s household so that my wife and my children can enter my new family registry. So, I would like to ask if I can make a new family registry when I don’t have my own house. Sincerely thank you.

Answer:

Thank you for trusting and sending your inquiry to FDVN Law Firm (“FDVN”). For your request, we would like to present some opinions for your reference as below:

According to Article 25 of Law on Residence 2020, 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:

1. 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;
2. 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.
3. The permanent residence of the household is not among the cases provided for in Article 23 of Law on Residence 2020. This means they do not fall into one of the following locations:

• Places of residence situated in locations or areas forbidden from construction or encroaching protection corridors for national defense and security, transport, irrigation, dikes and energy, protection markers for technical infrastructure works, and ranked historical - cultural sites, areas at risk of landslides, flash floods, and pipe floods, and protected areas for other works as prescribed by law.
• Places of residence the whole floor area of which are located on illegally encroached land or places of residence located on land not eligible for construction as per the law.
• Places of residence issued with a decision on land use right revocation and decision approving plan for compensation, assistance, and relocation by the competent authority; places of residence being houses the whole or a part of floor area of which is subject to a dispute or complaint related to ownership or right of use unresolved as per the law.
• Places of residence confiscated as decided by the competent authority; vehicles which are registered as permanent residences but the vehicle registration of which has been annulled or which do not possess the inspection certificate for compliance with technical safety and environmental protection requirements as per the law.
• Places of residence being houses issued with a demolition decision by the competent authority.

Therefore, if you meet the above conditions, you are allowed to separate yourself from your household.

The order, procedures for household separation: 

Step 1: The person registering household separation submits an application to the residence registration agency, the dossier includes:

- A declaration of change to residence information, including permission for household separation from the household head and owner of a lawful place of residence or an authorized person, unless written permission has been obtained. 

- For post-divorce household separation, the application for household separation includes a declaration of change to residence information and written proofs of the divorce, and permission to continue using the lawful place of residence. 

Step 02: 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 of the application rejected.  

* For the re-issuance of family registries after household separation: from the effective date of the Law on Residence 2020 (July 1, 2021), when a citizen carries out a residence registration procedure that changes information in their family registry or temporary residence registry, the registration authority will revoke the issued family registry or temporary residence registry, update information in the Residency Database in compliance with regulations of the Law on Residence and not issue a new family registry or temporary residence registry or reissue the old family registry or temporary residence to the citizen. The updated information on households related to the household separation will be updated in the Residency Database and will be notified of the updated information.

Above is FDVN LAW FIRM’s opinion for your consulting requests based on studying the relevant legal provisions. Hopefully, FDVN’s advice would be helpful to you.

Nguyễn Thị Thanh Thanh Trà – FDVN Law Firm

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