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QUESTION:
Hello, my lawyer, let me ask my wife and I have divorced in court and now I want to split mouth, but my husband's family did not let me borrow the household registration book to split the time.
ANSWER:
Greetings from MEDLAW, thank you for sending your question to us, based on the information you provided, we would like to advise as follows:
According to Clause 3, Article 25 of the Law on Residence 2006, the persons living in the same legal place of residence and having a family relationship are grandparents, fathers, mothers, spouses, children and brothers, sisters, biological sisters and grandchildren. may be given a common household registration book. If they do not fall into these cases, they are eligible for permanent registration and are accepted by the head of household to enter in the household registration book issued to the household, they shall be merged into that household registration book.
According to Clause 1, Article 27 of the Law on Residence 2006, household registration books are divided in cases where they have the same legal residence, including:
a) The person has full civil act capacity and needs to separate the household registration book;
b) The person who has entered the household registration book as prescribed in Clause 3 Article 25 and Clause 2 Article 26 of the Law on Residence and has a written consent to split the household registration book.
According to Clause 2, Article 27 of the 2006 Law on Residence, when separating the household registration book, the person who comes for the procedure must present the household registration book; reports on changes in household registration, demographic; Written consent of the head of household if entering into the household registration book.
According to Clause 8, Article 10 of Circular 35/2014 / TT-BCA: “The person in the name of the head of household has the responsibility to create favorable conditions for those who have the same name in the household registration book to use the book to handle tasks according to the provisions of law. In case of intentionally causing difficulties and preventing the persons named in the household registration book from using the book to handle affairs according to the provisions of law, depending on the nature and seriousness of the violations, they shall be handled according to the provisions of law."
According to Article 8 of Decree 167/2013 / ND-CP, individuals and household heads who fail to comply with the regulations on permanent residence registration, temporary residence registration or adjusting changes in household registration books shall be fined. from 100,000 VND to 300,000 VND.
Contact with your question, because the information you provided is not clear, in this case we assume that you ask for a split password to move to another place. Accordingly, since you are not the head of the household, when you want to split the family member, you need to ask your husband's family to provide the book to complete the procedures and get the written consent of the head of household. If the head of household continues to disagree, you can make an application to the police office of the district where your husband's family resides on the issue and request the competent authority to intervene for the owner. Household sign a document to agree to allow you to split the password.
The content of our consultation is based on the information provided by the Client, is for reference only and based on the legal provisions in force at the time of consultation.
In case you ever need detailed consultation, please contact us directly for specific advice.
In case you ever need detailed consultation, please contact us directly for specific advice.
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