10 significant elements stipulated by the 2014 Law on Civil Status

1. Inclusions in the civil registration 

The 2014 Law on Civil Status has clearly distinguished between cases which will be certified and those which will be recorded in the civil register, including:

- Certify life events in the civil register such as birth, marriage, guardianship; recognition of father, mother and child; modification and correction of civil status; redetermination of ethnicity, addition of information to civil status; death.

- Record changes made to personal civil status in the civil register in accordance with a verdict or decision granted by competent authorities, including:

+ Change of citizenship status, determination of father, mother and child; gender reassignment; child adoption, termination of adoption;

+ Divorce, annulment of illegal marriage, recognition of marriage;

+ Recognition of guardianship; declaration or cancellation of declaration of a missing, dead, lost person or a person whose civil act capacity is restricted.

- Enter into the civil register life events such as birth; marriage; divorce; annulment of marriage; guardianship; recognition of father, mother and child; determination of father, mother and child; child adoption; change of civil status; declaration of death, of a Vietnamese citizen which has been completely processed in overseas countries.

- Certify or record in the civil register other civil status events in accordance with laws and regulations.

2. Time limit for completed processing of an application for civil registration

- If an application for registration of any civil status event of which time limit for completed processing is not set forth in this Law, it will be handled within a day.

- If a submitted application is received after 15 hours but is not completely processed at once, the result of such processing will be handed out in the subsequent day.   

- Each civil status event is registered at only one competent registry referred to in this Law.

3. Authority to conduct civil registration

Clearly define authority of the People’s Committee at the communal and district level and of overseas Vietnamese representative offices.

4. Exemption of civil registration fee

The followings will qualify for exemption of civil registration fee:

+ Register civil status for persons of families honored for their meritorious service during the revolution period; persons of poor households and disabled persons. 

+ Register birth and death on time, and register guardianship and marriage for Vietnamese citizens residing in the country.

Individuals who apply for registration of any civil status event other than those stated above, or apply for a duplicate excerpt of civil status registration must pay fee.

5. Birth registration inclusions:

-Information of the bearer of birth registration, including: Surname, middle name and first name; gender; birth date; birth place; place of origin; ethnicity; nationality. 

- Information of father or mother of the bearer:  Surname, middle name and first name; birth year; ethnicity; nationality; residence.

- Personal identification number of the bearer.

6. Authority to conduct birth registration

The People’s Committee at the district level where a father or mother is residing will take charge of child birth registration in the event that:

-A child is born in Vietnam:

+ to a father or mother, one of whom is a Vietnamese citizen and the other of whom is an alien or a non-citizen.     

+ to a father or mother, one of whom is a Vietnamese citizen residing in Vietnam and the other of whom is a Vietnamese citizen living abroad.  

+ to a father or mother, one of whom is a Vietnamese citizen living abroad.

+ to a father or mother who is either an alien or a non-citizen.

- A child who is born but has yet to have his birth registered abroad returns to live in Vietnam:

+ who has a father or mother, both of whom are Vietnamese citizens.

+ who has a father or mother, one of whom is a Vietnamese citizen.

The People’s Committee at the communal level where either his father or mother is residing will take charge of applying for birth registration.

7.  Scope of change of civil status

- Change personal surname, middle name and first name provided in the birth certificate after consulting regulations enshrined in civil laws.

- Change parental information provided in the birth certificate after a child adoption in accordance with regulations laid down in the Law on Adoption.

8. Principles of management and use of civil status database

- The civil status database must be safely managed, secured or protected; only competent agencies, organizations or individuals will have rights to access and use such database in accordance with laws and regulations.

- Civil status database authority will assume responsibility to protect confidentiality of personal information contained in the civil status database.

9. Grant of the original excerpt of civil status for civil registration

- When registering civil status, the civil registry will issue 01 original copy of an excerpt of civil status to applicants for civil registration, except for birth and marriage registration.

- A copy of the original excerpt of civil status will be authenticated.

10. Procedure for grant of a copy of civil status excerpt

- Applicant for a copy of civil status excerpt must lodge an application form directly or through his/her representative by using the stipulated form to the civil status database authority.

If a competent agency or organization requests a copy of excerpt of civil status of an individual, it must send a written request clearly stating reasons to the civil status database authority.

-  Immediately after such request is received, if it meets statutory requirements, the civil status database authority must issue a copy of excerpt of civil status to the applicant.

The Decree No. 123/2015/NĐ-CP on provision of guidance on the 2014 Law on Civil Status is now available.