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MINISTRY OF
FOREIGN AFFAIRS OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No. 07/2023/TT-BNG
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Hanoi, December
29, 2023
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CIRCULAR
GUIDING THE
REGISTRATION AND MANAGEMENT OF CIVIL STATUS BY OVERSEAS VIETNAMESE DIPLOMATIC
MISSIONS AND CONSULAR OFFICES
Pursuant to the Law on Civil Status No.
60/2014/QH13 dated November 20, 2014;
Pursuant to the Nationality Law No. 24/2008/QH12
dated November 13, 2008; and the Law on amendments to the Nationality Law No.
56/2014/QH13 dated June 24, 2014;
Pursuant to the Law on Marriage and Family No.
52/2014/QH13 dated June 19, 2014;
Pursuant to the Law on Overseas Representative
Missions of the Socialist Republic of Vietnam No. 33/2009/QH12 dated June 18,
2009; Law on amendments to certain Articles of the Law on Overseas
Representative Missions of the Socialist Republic of Vietnam No. 19/2017/QH14
dated November 21, 2017;
Decree No. 123/2015/ND-CP dated November 15,
2015 of the Government of Vietnam providing detailed regulations on some
Articles and measures for implementation of the Law on Civil Status;
Pursuant to Decree No. 87/2020/ND-CP dated July
28, 2020 of the Government on electronic civil status database and online civil
registration;
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Pursuant to Decree No. 81/2022/ND-CP dated
October 14, 2022 of the Government of Vietnam on functions and tasks of the
Ministry of Foreign Affairs of Vietnam;
At the request of the Director of the Bureau of
Consular Affairs of Vietnam,
The Minister of Foreign Affairs hereby
promulgates a Circular guiding the registration and management of civil status
by overseas Vietnamese diplomatic missions and consular offices:
Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Joint Circular elaborates Article 3 and
Article 53 of the Law on Civil Status with regard to the civil registration for
Vietnamese citizens residing abroad; re-registration of births, marriages and deaths;
issuance of civil status record extract copies; issuance of marital status
certificates to Vietnamese citizens residing abroad; state management of civil
status by overseas Vietnamese diplomatic missions and consular offices
(hereinafter referred to as representative missions) as referred to in the Law
on civil status and the Government’s Decree No. 123/2015/ND-CP dated November
15, 2015 providing for detailed regulations on a number of Articles and
measures for implementing the Law on Civil Status (hereinafter referred to as
Decree No. 123/2015/ND-CP) and Decree No. 87/2020/ND-CP dated July 28, 2020 of
the Government on electronic civil status database and online civil
registration (hereinafter referred to as Decree No. 87/2020/ND-CP.
Article 2. Power to receive civil registrations
1. Representative missions shall receive
registrations of vital events as referred to in Article 3 of the Law on Civil
Status, re-registrations of births, marriages and; issue civil status record
extract copies from civil status registers or electronic civil status database;
issue marital status certificates to Vietnamese citizens residing abroad in
accordance with Vietnamese laws, laws of receiving countries and international
treaties to which Vietnam is a signatory.
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3. In countries or territories where representative
missions are not available, the civil registration shall be carried out at
non-resident or convenient representative missions.
Article 3. Definitions
For the purposes of this Circular, the terms below
are construed as follows:
1. A Vietnamese citizen residing abroad refers to a
person who holds Vietnamese nationality and permanently or temporarily resides
in a foreign country.
2. A Vietnamese citizen permanently residing abroad
refers to a person who holds Vietnamese nationality and is granted with permanent
resident card by the host country.
3. A Vietnamese citizen temporarily residing abroad
refers to a person who holds Vietnamese nationality, works or studies in a
foreign country and is granted with fixed-term temporary residence permit by
the host country.
4. Consular officer is a diplomat or consul who is
assigned to take charge of civil status job at a representative mission.
Article 4. Submission, receipt of applications
for civil registration and giving of civil registration results
The submission, receipt applications for civil
registration and giving of civil registration results by representative
missions shall be governed by regulations in Article 3 of the Government’s
Decree No. 123/2015/ND-CP, Article 12 of Decree No. 87/2020/ND-CP, Articles 2,
3, 4, 5 of the Circular No. 04/2020/TT-BTP dated May 28, 2020 by Ministry of
Justice elaborating the Law on Civil Status and the Government’s Decree No.
123/2015/ND-CP dated November 15, 2015 providing for detailed regulations on a
number of articles and measures for implementing the Law on Civil Status
(hereinafter referred to as Circular No. 04/2020/TT-BTP) and the following
guidelines:
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2. When requesting a representative mission to
handle procedures for civil registration, the applicant must present the
original of any of the following documents: passport or passport substitute, ID
card, Citizen Identity Card or other unexpired documents with photo and
personal information issued by competent authorities (hereinafter referred to
as identity papers) to prove his/her identity, and document(s) proving his/her
residence in the host country (if any). The representative mission shall check,
make a photocopy and certify that photocopy after having compared it with the
original thereof for archiving. If the application for civil registration is
submitted by post, certified copies of the said documents shall be submitted.
If the applicant is a Vietnamese citizen and is
granted with ID card with a personal identification number (PIN), the applicant
may present the original of such card in person or the photocopy of such card
by post or via the online civil registration system to prove his/her identity
when the technical infrastructure allows the representative mission to connect
to the National Population Database
3. Representative missions shall receive and
process requests for online civil registration in accordance with the capacity
to provide online public services and the synchronous use of the shared
electronic civil registration and management software at such representative
missions. If online civil registration is not available, representative
missions shall post notifications on their web portals or send written
notifications with clear explanation to their applicants via email (if any).
4. Documents issued by competent authorities of a
host country to use for carrying out civil registration procedures with
representative missions do not require consular legalization. If
the authenticity of a document is doubted, that document must obtain consular
legalization by a competent authority.
Documents issued by competent authorities of a
third country to serve the civil registration carried out at representative
missions must obtain consular legalization in accordance with regulations.
Documents in foreign languages included in the
applications for civil registration must be translated into Vietnamese or
English. The translation must be notarized or have the translators’ signatures
certified as regulated by law.
5. When giving of civil registration results, if
applicants wish to receive the results in person, the givers shall guide the
applicants to check contents on the vital records and civil status registers.
If applicants find the contents of such civil status documents or registers
correct and consistent with the applications for civil registration, they shall
sign and clearly state their full names in the civil status registers; if the
results are sent by post or via online public service systems, signatures are
not required, unless otherwise prescribed in Clause 6 of this Article.
6. Regarding the following vital events, applicants
shall be present at representative missions to put their signatures to civil
status registers and receive results of registering birth, marry and guardian;
recognizing father, mother, child; changing and correcting civil status,
re-determining ethnicity, supplementing civil status information; declaring death.
Regarding other vital events, applicants may choose
to receive results in one of the methods prescribed in Clause 4 Article 12 of
Decree No. 87/2020/ND-CP.
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Article 5. Use of civil status forms and
registers
When handling civil registration requests,
representative missions shall use corresponding civil status forms and
registers announced by Ministry of Justice in Circular No. 04/2020/TT-BTP in
case of direct civil registration and Circular No. 01/2022/TT-BTP dated January
04, 2022 of the Minister of Justice providing detailed regulations on some
Articles and measures for implementation of Decree No. 87/2020/ND-CP, Circular
No. 03/2023/TT-BTP dated August 02, 2023 amending certain contents of Circular
No. 01/2022/TT-BTP dated January 04, 2022 (hereinafter referred to as Circular
No. 01/2022/TT-BTP) in case of online civil registration.
Chapter II
CIVIL REGISTRATION
Section 1. Registration
of births
Article 6. Power over registration of births
The representative mission in the consular region
where the child’s parent resides or where the child was born shall receive the
registration of birth for that child who was born abroad, has his/her birth
been not yet registered at an overseas competent authority and belongs to any
of the following cases:
a) His/her parents are Vietnamese citizens;
b) His/her mother is a Vietnamese citizen but
his/her father is a stateless person or vice versa;
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d) His/her parent is a Vietnamese citizen, the
other is a foreigner and the parents have made a written agreement to select
Vietnamese nationality for their child upon the birth registration.
Article 7. Procedures for registration of births
1. The applicant for birth registration must submit
the following documents:
a) Birth registration form (using the regulated
form);
b) Birth certification paper or other papers issued
by overseas competent authorities to certify that the child was born abroad and
verify mother and child relationship. If the above documents are not submitted,
the applicant must submit a document confirming his/her birth made by a witness;
If there is no witness, there must be a written commitment to his/her birth.
c) A written agreement made by parents on selecting
Vietnamese nationality for their child in case the child’s parent is a
Vietnamese citizen and the other is a foreigner.
If the application for birth registration is not
submitted in person, the signature appeared on the written agreement on
selection of the child's nationality must be legally authenticated.
d) Document proving marital relationship in case
the child’s parents have their marriage registered, unless the child's parents
both are Vietnamese citizens with personal identification numbers (PINs) and
have their marriage registered or recorded at a competent authority of Vietnam
and the representative mission has connected with the electronic civil status
database.
2. The consul shall check the application for birth
registration upon the receipt. If birth registration information is sufficient
and valid, the consul shall record the all birth registration information in
the birth register and request the representative mission’s head to sign the
Birth Certificate. The giving of birth registration results shall comply with
the regulations in Clause 6 Article 4 of this Circular.
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4. Birth registration contents are defined as
regulated in Article 14 of the Law on Civil Status, Clause 1 Article 4 of Decree
No. 123/2015/ND-CP, Articles 6, 29 and 31 of Circular No. 04/2020/TT-BTP, and
the following guidelines:
a) If the child’s father is unidentified, the
child’s surname, ethnic group, native land shall follow those of his/her
mother. Parts of father’s information in the birth register and the Birth
Certificate shall be left blank;
b) In case the child’s father carries out
procedures for recognition of paternity at the time of birth registration, the
representative mission shall handle the application for recognition of
paternity and the application for birth registration at the same time.
Applications and procedures for birth registration in combination with the
recognition of paternity shall be governed by regulations in Clause 2 and
Clause 3 of this Article and Articles 13 and 14 herein. The representative
mission shall issue an extract of parent and child recognition certificate and
the Birth Certificate to the applicant at the same time;
c) Parts of parent’s information that are
unidentified (such as ethnic group or native land) in Birth Certificate and
birth register shall be left blank.
d) If the child was born before the date of
marriage registration, upon birth registration, the child’s parents have a
written recognition of paternity, the father’s information shall be immediately
recorded on the Birth Certificate of the child without carrying out procedures
for application for recognition of paternity.
Section 2. REGISTRATION OF MARRIAGES
Article 8. Power over marriage registration
The representative mission in consular region where
the male or female partner who is a Vietnamese citizen resides shall receive
the registration of marriage between two Vietnamese citizens residing abroad or
between a Vietnamese citizen residing abroad with a foreigner.
Article 9. Application for marriage registration
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1. The marriage registration form (using the
regulated form); both male and female partners may submit the one marriage
registration form;
2. If marital partner(s) is/are Vietnamese
citizens, as the case may be, following documents proving their marital status
must be submitted:
a) If a Vietnamese citizen has permanently resided
in Vietnam and was of marriageable age before leaving Vietnam as referred to by
regulations of the Law on Marriage and Family of Vietnam, he/she must submit a
Marital Status Certificate issued by the People’s Committee of
commune/ward/district-level town (hereinafter referred to as Communal-level
People’s Committee) where he/she has resided before leaving Vietnam. If the
citizen's information was updated on the National Population Database and the
representative mission applied the shared electronic civil registration and
management software, the online information shall be used according to
guidelines of the Ministry of Justice and the Ministry of Public Security to
determine the marital status of the applicant for handling administrative
procedures without submission of Marital Status Certificate.
b) If a Vietnamese citizen has resided in several
countries, the Marital Status Certificates issued by representative missions in
consular regions where he/she resided must be supplemented. If a person can not
apply for Marital Status Certificates issued by competent authorities in
regions where he/she has resided, he/she must submit a written commitment on
his/her marital status during his/her residence in those regions and shall
assume responsibility for his/her committed contents.
That commitment must include duration, identity
paper, locations where he/she has resided and his/her marital status.
E.g.: I, Nguyen Van A, holder of passport No………..,
residing at……………, do undertake that during my residence
at…………[location]……………….., from………[date]……..to………[date]………, and
at………[location]………………….., from………[date]……..to………[date]………, I have not yet got
married. I shall assume responsibility under the law of Vietnam for my
committed contents.
c) If a Vietnamese citizen concurrently holds a
foreign nationality, a document proving his/her marital status issued by a
competent authority of the country of which he/she holds nationality must be
submitted.
d) If a Vietnamese citizen residing abroad does not
concurrently hold a foreign nationality or a Vietnamese citizen concurrently
holds a foreign nationality but permanently resides in a third country, a
document proving his/her marital status issued by a competent authority of the
country in which he/she permanently resides must be submitted;
dd) If a Vietnamese citizen has got a divorce or
has his/her marriage dissolved at a competent authority abroad, the civil
status record extract copy regarding the recording of divorce or dissolution of
marriage in the civil status register (extract of divorce note) shall be
submitted;
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If the issuance of document proving marital status
is not governed by the law of a foreign country, it shall be replaced by a
document issued by a competent authority of that country to certify that the
person concerned is eligible to get married in accordance with the law of that
country.
The document proving marital status of a foreigner
shall be valid upon its expiration date. If a document proving marital
status of a foreigner does not include an expiration date, it shall be valid
within 06 months as of the issued date.
4. If a Vietnamese citizen temporarily residing
abroad gets married to a Vietnamese citizen permanently residing abroad or a
foreigner; two Vietnamese citizens permanently residing abroad get married or a
Vietnamese citizen gets married to a foreigner, both male and female partners
must submit Certificates granted by competent Vietnamese or overseas health
organizations within 06 months to certify that they do not get metal illness or
other diseases that cause them lose their awareness or control of their
behavior.
Article 10. Procedures for marriage registration
1. Within 10 working days from the receipt of the
valid application, the consul shall check and verify the received application,
and take reasonable measures to verify them, where necessary. If the
application is sufficient and valid, and the verification results show that
both partners of the marriage are eligible to get married in accordance with
the law regulations, the consul shall request the representative mission’s head
to sign 02 original copies of Marriage Certificate.
2. Within 03 working days from the date on which
the Marriage Certificate is signed by the representative mission’s head, the
representative mission shall deliver the signed Marriage Certificate to both
male and female partners.
When carrying out the registration of marriage,
both male and female partners must be present at the representative mission's
head office. The consul shall record the marriage in the marriage register
after confirming that the male and female partners are voluntary to get
married; instruct them to sign the Marriage Certificate, and together with them
affix signature to the marriage register. Each of the husband and wife shall
receive an original copy of Marriage Certificate. Extract of Marriage
Certificate (duplicate) shall be issued as requested.
3. In case either one of male and female partners
cannot be present to receive Marriage Certificate as informed by the
representative mission, he/she must make a written request for extension of
period for delivery of marriage certificate. That extension shall not exceed 60
days from the date on which the marriage certificate is signed by the
representative mission’s head.
Ending 60 days but both male and female partners
are not present to receive their Marriage Certificate, the consul shall request
the representative mission’s head to cancel the signed Marriage Certificate.
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Section 3. Registration
of guardianship
Article 11. Power over registration, change or
termination of guardianship
The representative mission in the consular region
where the guardian or the ward who is a Vietnamese citizen resides shall
receive the registration of guardianship established between two Vietnamese
citizens residing abroad.
The representative mission that has received the
registration of guardianship shall settle the registration of change or
termination of guardianship.
Article 12. Procedures for registration, change
and termination of guardianship
Procedures for registration of guardianship,
termination or change of guardianship shall be carried out as referred to in
Articles 20, 21, 22, 23 of the Law on Civil Status.
Section 4. REGISTRATION OF RECOGNITION OF
PARENT-CHILD RELATIONSHIP
Article 13. Power over registration of
recognition of parent-child relationship
The representative mission in the consular region
where recognized parent or child resides shall receive the registration of
recognition of parent-child relationship between two Vietnamese citizens
residing abroad or between a Vietnamese citizen and a foreigner jointly
residing abroad.
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1. The applicant for registration of recognition of
parent-child relationship must submit the following documents:
a) Registration form of recognition of parent-child
relationship (using the regulated form).
b) The copy of Birth Certificate or extract of
Birth Certificate (duplicate) of the child whose birth has been registered at a
competent authority of Vietnam;
c) Written recognition of paternity or written
recognition of maternity issued by health agency or assessment agency or
another competent authority of Vietnam or foreign country.
The said written recognition may be replaced by a
written commitment to the parent-child relationship made by the parents if
there are at least two witnesses to the parent-child relationship.
2. Within 7 days from the receipt of complete
application, the consul shall check the received application and post a notice
of recognition of parent-child relationship at the representative mission’s
head office. If the recognition of parent-child relationship is proper in
conformity with the law and there is no dispute over that, the consul shall
propose to the representative mission’s head to sign and issue the original
extract of registration of recognition of parent-child relationship to the
parties concerned, and provide duplications of the extract of registration of
recognition of parent-child relationship upon request.
The parties concerned must be present when carrying
out the registration of recognition of parent-child relationship. The consul
record the registration of recognition of parent-child relationship in Register
of recognition of parent-child relationship and together with the parties
concerned affix signature to the Register of recognition of parent-child
relationship. The representative mission shall add parent’s information
to the child’s original Birth Certificate (if any).
The required verification may be carried out within
15 days, if necessary.
3. If the child is a Vietnamese citizen and has
his/her birth registered at a competent authority of Vietnam, the
representative mission must send a notice, enclosed with an extract from the
register of recognition of parent-child relationship (duplicate), to the civil
registry where the child’s birth is registered.
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Article 15. Power over registration of civil
status change, correction and supplementation, and re-determination of ethnic
group
1. The representative mission that received the
previous civil registration shall receive the registration of civil status
change, correction and supplementation, and re-determination of ethnic group.
2. The representative mission that recorded the
vital events of a Vietnamese citizen, which have been handled by competent
authorities in a foreign country, may also handle the application for civil
registration change, correction and supplementation, and re-determination of
ethnic group.
Article 16. Procedures for registration of civil
status change, correction and supplementation, and re-determination of ethnic
group
1. The scope of civil status change and procedures
for civil status change, correction and supplementation, and re-determination
of ethnic group shall be governed by Articles 26, 28, 29 and 47 of the Law on
Civil Status, Clause 2 Articles 16, 17, 18, 19 and Clause 2 Article 20 of
Circular No. 04/2020/TT-BTP.
2. If a civil status register has been handed over
to Bureau of Consular Affairs for archiving, the representative mission must,
after handling the application for registration of civil status
change/correction/supplementation or re-determination of ethnic group, send a
notice, enclosed with an extract of certificate of civil status
change/correction/supplementation or re-determination of ethnic group
(duplicate), to Ministry of Foreign Affairs.
Section 6. DEATH REGISTRATION
Article 17. Power over death registration
The representative mission in the consular region
where is the last place of residence of the deceased person shall receive the registration
of death of Vietnamese citizen dying abroad. If the last place of residence of
the deceased person is not identifiable, the representative mission in the
consular region where that person dies or his/her body is found shall handle
the death registration.
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1. The applicant for death registration must submit
the death registration form (using the regulated form) and the notice of death
or other document substitute for the notice of death issued by a competent
authority in foreign country.
2. The consul shall, upon the receipt of the
complete application, record the death information in the death register.
The representative mission’s head shall sign the extract of death
certificate issued to the applicant for death registration. The giving of death
registration results shall comply with the regulations in Clause 6 Article 4 of
this Circular. The required verification of death may be carried out within 03
working days, if necessary.
Section 7. Recording
of civil status changes in civil status registers according to judgments or decisions
by competent authorities of Vietnam
Section 19. Power over recording of civil status
changes in civil status registers according to judgments or decisions by
competent authorities of Vietnam
1. The representative mission where vital events of
a Vietnamese citizen have been registered shall record civil status changes in
civil status registers as referred to in Clause 2 Article 3 of the Law on Civil
Status on the basis of the notice, enclosed with the extract of judgment or the
copy of decision by a competent authority of Vietnam, sent by the Bureau of
Consular Affairs.
2. If a civil status register has been handed over
to the Bureau of Consular Affairs for archiving, the Bureau of Consular Affairs
shall also record civil status changes and grounds thereof in the archived
civil status register.
Article 20. Procedures for recording of civil
status changes in civil status registers according to judgments or decisions by
competent authorities of Vietnam
1. Upon receipt of the notice, enclosed with the
extract of judgment or the copy of decision sent by the Bureau of Consular
Affairs, the consul shall record the changes and grounds for such changes in the
civil status register.
2. If the person whose civil status information is
changed provides the copy of the valid and effective judgment or court decision
before the representative mission receives such notification from the Bureau of
Consular Affairs, the representative mission shall also record these changes to
the civil status register in accordance with Clause 1 of this Article and
specify these changes on the backside of the original vital record.
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Article 21. Power over re-registration of
births, marriages and deaths
The representative mission that has handled the
registration of birth/death/marriage before January 01, 2016 shall receive the
re-registration of birth/death/marriage as requested in cases where both civil
status register and original vital records are lost. The
re-registration of birth/marriage shall be accepted if the applicant is still
alive at the time of receiving re-registration application.
Article 22. Procedures for re-registration of
births, marriages and deaths
1. Upon the receipt of an application for
re-registration of birth/death/marriage, the consul shall check the civil
status register and vital records archived at the representative mission.
In case the civil status register was created at a
representative mission previously but it was no longer archived, the
representative mission shall, within 02 working days as of receipt of complete
application dossiers for re-registration of birth/death/marriage, send a written
request for verification of the retention of the civil status register to the
Bureau of Consular Affairs. Within 05 working days as of receipt of the written
request for verification, the Bureau of Consular Affairs shall provide the
representative mission with verification results.
In case a civil status register is still archived
at the representative mission or the Bureau of Consular Affairs, the
representative mission shall instruct the applicant for re-registration of
birth/death/marriage to carry out procedures for issuance of a civil status
record extract copy as regulated.
2. Application and procedures for birth
re-registration shall be governed by regulations in Article 26 of Decree No.
123/2015/ND-CP and Articles 9, 10 of Circular No. 04/2020/TT-BTP.
Application and procedures for re-registration of
marriage/death shall be governed by regulations in Articles 27, 28 of Decree
No. 123/2015/ND-CP.
Section 9. RECORDING OF VITAL EVENTS OF
VIETNAMESE CITIZENS THAT HAVE BEEN HANDLED AT COMPETENT AUTHORITIES OF FOREIGN
COUNTRY IN CIVIL STATUS REGISTERS
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The representative mission in charge of the
consular region where the child’s parent resides or where the child was born
shall record in the civil status register the birth of the child who is a
Vietnamese citizen and has birth registered at a competent authority in a
foreign country as referred to in Article 49 of the Law on Civil Status.
Article 25. Recording of marriages in civil
status registers
1. Requirements for recording of the marriage of a
Vietnamese citizen, which has been handled by an overseas competent authority,
in a civil status register (hereinafter referred to as marriage note) shall be
governed by regulations in Article 34 of Decree No. 123/2015/ND-CP.
2. The representative mission in the consular
region where the Vietnamese citizen resides shall take marriage note.
3. A marriage record consists of:
a) The application form for marriage note (using
the regulated form);
b) The copy of document certifying the marriage,
issued by a competent authority in foreign country.
c) A Vietnamese citizen who has got a divorce or
has his/her marriage dissolved at a competent authority of a foreign country
must submit the extract of divorce note.
4. The period for handling an application for
marriage note shall not exceed 05 working days as of receipt of complete
application dossiers; if the verification is required, the period shall not
exceed 10 working days.
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6. If the marriage is one of the cases prescribed
in Clause 1 Article 36 of Decree No. 123/2015/ND-CP, the representative
mission’s head shall reject the application for recording of that marriage in a
civil status register by giving a written notice, in which reasons thereof are
specified, to the applicant.
Article 26. Recording of divorces/ dissolution
of marriages that has been handled at competent authorities of foreign country
in civil status registers
1. The divorce/ dissolution of marriage of a
Vietnamese citizen, which has been handled by a competent authority in a
foreign country, shall be recorded in a civil status register at a
representative mission if it meets all the requirements prescribed in Clause 1
Article 37 of Decree No. 123/2015/ND-CP.
2. The representative mission in the consular
region where the Vietnamese citizen resides shall record the divorce/
dissolution of marriage for that Vietnamese citizen (hereinafter referred to as
divorce note) in the civil status register.
3. A divorce record consists of:
- The application form for divorce note (using the
regulated form);
- The copy of judgment/decision on divorce/
dissolution of marriage, effective divorce settlement agreement or other
document recognizing the divorce, issued by a competent authority in a foreign
country (hereinafter referred to as divorce papers).
4. Within 05 working days as of receipt of complete
record as regulated in Clause 3 of this Article, the consul shall check the
received record. If the divorce note does not violate the regulations in
Clause 1 Article 37 of Decree No. 123/2015/ND-CP or is not eligible for
updating on the web portal of the Ministry of Justice of Vietnam as prescribed
in Clause 3 Article 37 of Decree No. 123/2015/ND-CP, the consul shall record the
divorce in a civil status register. The representative mission’s head shall
sign and issue the original extract of divorce note to the applicant.
The required verification may be carried out within
10 working days, if necessary.
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5. Updating information of divorce note:
a) In case the marriage has been registered at a
Civil registry in Vietnam, the representative mission in charge of handling the
divorce shall, after taking divorce note, send a notice enclosed with the
extract of divorce note (duplicate) to Bureau of Consular Affairs to request
the Civil registry to take notes in relevant civil status register.
b) In case the marriage has been registered at
another representative mission, the representative mission in charge of
handling the divorce, after taking divorce note, shall send a notice enclosed
with the extract of divorce note (duplicate) to the previous representative
mission in charge of the marriage registration to take notes in relevant civil
status register.
Article 27. Recording of the guardianship,
recognition of parent-child relationship, parent and child identification,
child adoption, death registration and other civil status changes, which have
been handled by competent authorities in foreign countries, of Vietnamese
citizens in civil status registers
1. The representative mission in the consular
region where a Vietnamese citizen resides shall record the guardianship,
recognition of parent-child relationship, parent and child identification,
child adoption, death registration and other civil status changes, which have
been handled by competent authorities in foreign countries, of that Vietnamese
citizen in a civil status register (hereinafter referred to as note of other
vital events).
2. A record of other vital events consists of:
a. The application form (using the regulated form);
b. The copies of documents proving vital events have
been handled by competent authorities of foreign countries.
3. The consul shall take a note of the vital events
in a civil status register upon receipt of complete application dossiers as
regulated. The representative mission’s head shall sign and grant an extract of
the note of other vital events.
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If the verification is required, the period for
handling an application for note of other vital events shall not exceed 03
working days.
Section 10. issuance
OF civil status record extract copy
Section 28. Power over issuance of civil status
record extract copy
1. Representative missions that archiving civil
status registers shall issue civil status record extract copies at the request
of individuals, competent organizations or authorities.
2. The Bureau of Consular Affairs in Vietnam shall
be responsible for issuing civil status record extract copies to individuals
who have carried out the civil registration at representative missions but
currently reside in Vietnam.
Article 29. Procedures for issuance of civil
status record extract copy
1. Upon receipt of an application for issuance of
civil status record extract copy from an applicant, the representative mission
shall issue a civil status record extract copy to that applicant. If the
application is submitted after 15:00 PM, it shall be handled in the following
working day.
2. The issuance of civil status record extract
copies by the Bureau of Consular Affairs is also governed by regulations in
Clause 1 of this Article.
If the Bureau of Consular Affairs does not receive
any civil status register handed over by the representative mission for
archiving, the Bureau of Consular Affairs shall, upon receipt of an
application, request the representative mission to provide relevant
information. The representative mission must respond to the Bureau of Consular
Affairs within 03 working days as of receipt of the request for verification.
The Bureau of Consular Affairs shall grant a civil status record extract copy
to the applicant within 02 working days as of receipt of the response from the
representative mission.
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Article 30. Power over issuance of marital
status certificate
The representative mission in the consular region
where a Vietnamese citizen resides shall issue a marital status certificate to
that Vietnamese citizen to serve his/her marital purpose or other legal
purposes.
Article 31. Procedures for issuance of marital
status certificate
The issuance of a marital status certificate shall
comply with the regulations in Articles 21, 22 and 23 of Decree No.
123/2015/ND-CP, and Article 12 of Circular No. 04/2020/TT-BTP and the following
instructions:
1. The applicant for issuance of a marital status
certificate shall submit the following documents:
a) The application form for issuance of marital
status certificate (using the regulated form);
b) The applicant shall submit copies of effective
divorce papers if he/she has got married but divorced; if his/her spouse died,
a copy of death certificate or document proving his/her spouse’s death must be
submitted.
A copy of extract from the divorce note shall be
submitted if the application is in cases prescribed in Clause 1 Article 26
herein.
c) If the application for issuance of a marital
status certificate is to register the marriage at a competent authority of a
foreign country, the following additional documents must be submitted:
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- Marital status certificates issued by
representative missions in consular regions where a Vietnamese citizen has
resided if he/she has resided in different regions. If an applicant can not
apply for marital status certificates issued by competent authorities in
regions where he/she has resided, he/she must submit a written commitment on
his/her marital status during his/her residence in those regions and shall
assume responsibility before the law for his/her committed contents.
d) If an applicant who is a Vietnamese citizen and
has been granted a personal identification number (PIN) has had his/her
information updated on the national population database and a representative
mission has used the shared electronic civil status management and registration
software, the representative mission shall use online information according to
guidelines of the Ministry of Justice and the Ministry of Public Security and
the applicant shall not be required to submit the documents prescribed in
Points b and c Clause 1 of this Article.
2. The applicant for issuance of a marital status
certificate to serve his/her marital purpose must meet all of requirements to
get married as referred to by regulations of the Law on Marriage and Family of
Vietnam.
3. Within 03 working days as of receipt of complete
and valid application, the consul shall, on the basis of the civil status
register and application kept at the representative mission, check the marital
status of the applicant, record information in the register of marital status
certificates, request the representative mission's head to sign and issue 01
original marital status certificate to the applicant if he/she finds that all
requirements are satisfied and the application for issuance of marital status
certificate is in conformity with the law regulations.
If a marital status certificate is issued to serve
a purpose other than marital purpose, the number of marital status certificate
issued shall be at the request of the applicant.
4. Contents of a marital status certificate shall
be specified as regulated in Article 33 of the Circular No. 04/2020/TT-BTP.
If an application for issuance of a marital status
certificate is to register the marriage at a competent authority of a foreign
country, the representative mission shall certify the marital status of the
applicant up to the date of issuance.
If an application for issuance of a marital status
certificate is to register the marriage in Vietnam or to serve other purposes,
the representative mission shall base on the application status and requests of
the applicant to issue a marital status certificate to certify the marital
status of the applicant up to the date of issuance or for a definite period.
5. If a person applying for reissuance of a marital
status certificate to register the marriage but he/she fails to submit the
marital status certificate previously issued, he/she must state reasons for the
failure. Within 03 working days as of receipt of the application, the
representative mission shall submit a request to the Bureau of Consular Affairs
for discussing with the place where the applicant intends to register the
marriage for verification. In case of failure to verify or receive verification
results, the representative mission will allow the applicant to make a written
declaration of marital status according to the regulations in Article 4 and
Article 5 of Circular No. 04/2020/ TT-BTP.
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MANAGEMENT OF CIVIL STATUS REGISTERS, CIVIL STATUS
PAPERS, VITAL STATISTICS AND REPORTS
Article 32. Management and use of civil status
registers and vital records
Guidelines for recording information in civil
status registers and vital records; the management and use of civil status
registers are regulated in Section 2 Chapter II of Decree No. 123/2015/ND-CP,
Article 15 of Decree No. 87/2020/ND-CP and Articles of from 29 to 37 of
Circular No. 04/2020/TT-BTP.
Article 33. Retention of application for civil
registration
Applications for civil registration must be
numbered in corresponding with registration numbers in civil status registers,
arranged in order and kept at representative missions in accordance with
regulations of laws on archives.
Article 34. Vital statistics and reports
1. Representative missions must send reports on
civil registration status and vital statistics to the Bureau of Consular
Affairs for aggregating and sending to the Ministry of Justice.
2. Before March 01st of every year,
representative missions must send reports on civil registration status and
vital statistics of previous year to the Bureau of Consular Affairs for
aggregating and sending to the Ministry of Justice.
The Ministry of Foreign Affairs shall send aggregated
report on civil registration and vital statistics at representative missions to
the Ministry of Justice before March 15th.
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Chapter IV
ELECTRONIC CIVIL STATUS
DATABASE, ONLINE CIVIL REGISTRATION AT REPRESENTATIVE MISSIONS
Article 35. General rules
1. After representative missions are qualified for
connection, they shall use the shared electronic civil status registration and
management software to register civil status, update, digitize, standardize and
manage civil status data and use electronic civil status databases.
2. Representative missions use electronic civil
status databases to register civil status according to their authority; issue
civil status record extract copies; Issue certificates of marital status;
compile statistics on civil status registration data and carry out other state
management operations in civil status according to regulations of laws.
Article 36. Update, adjustment of personal civil
status information in electronic civil status databases
1. Individual vital events shall, immediately after
being registered in civil status registers, be promptly, fully and accurately
updated in electronic civil status databases. Updated information includes the
civil status information of individuals and of their fathers, mothers and
spouses if there is a change due to marriage, change or correction of civil
status, or addition of information on civil status, re-identification of
ethnicity, recognition of parent-child relationship; Guardian; child adoption;
death registration; recording of changes in civil status according to judgments
or decisions of competent regulatory agencies in civil status registers;
Recording of vital events that have been handled at competent authorities of
foreign countries of Vietnamese citizens in civil status registers.
2. Representative missions are responsible for the
accuracy and completeness of information updated in electronic civil status
databases within their authority to register civil status.
Article 37. Online submission, receipt, and
giving of civil status registration results
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2. The online giving of civil status registration
results shall be carried out in accordance with the regulations of Clause 4 and
Clause 5, Article 12 of Decree No. 87/2020/ND-CP and Clause 5, Article 6 of
Circular No. 01/2022/TT-BTP.
3. Regarding death registration, after completing
procedures and issuing extracts from death certificates, representative
missions shall lock the deceased's civil status information in electronic civil
status databases or, if requested, the representative missions shall use the
shared electronic civil status registration and management software to transfer
information to population databases, residence databases and other databases
related to the implementation of inter-connected administrative procedures.
Article 38. Issuance of copies of civil status
record extracts from electronic civil status databases
The issuance of copies of civil status record
extracts from electronic civil status databases at representative missions
shall comply with the regulations of Clauses 1 and 3, Article 13 of Decree No.
87/2020/ND-CP and Article 7 of Circular No. 01/2022/TT-BTP.
Article 39. Digitization of civil status
registers
1. Civil status information that needs to be
digitized is civil status information that has been registered in civil status
registers before representative missions officially deploy and put into use the
shared electronic civil status registration and management software.
2. Representative missions shall be responsible for
the accuracy and completeness of digitized civil status data according to the
technical documents on the data digitization process of the Ministry of Justice
and notify digitization results to the Bureau of Consular Affairs after
completion of digitization before officially updating data in electronic civil
status databases.
3. The digitization of civil status data must
comply with regulations on protecting privacy, personal secrets, family secrets
and relevant legal regulations. Representative missions shall be responsible
for the security and assurance of safety of the digitized information.
Chapter V
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Article 40. Transitional provisions
Applications for civil registration received by
representative missions before the effective date of this Circular but have not
yet been processed will continue to be resolved according to the regulations of
Joint Circular No. 02/2016/TTLT-BNG-BTP dated June 30, 2016 of the Ministry of
Foreign Affairs and Ministry of Justice guiding the registration and management
of civil status at diplomatic missions and consular representative offices of
Vietnam in foreign countries.
Article 41. Effect
1. This Circular comes into force from February 15,
2024.
2. Regulations in Joint Circular No.
02/2016/TTLT-BNG-BTP shall be annulled.
3. Difficulties that arise during the
implementation of this Circular should be reported promptly to the Ministry of
Foreign Affairs for consideration and guidance./.
MINISTER
Bui Thanh Son
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