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GOVERNMENT OF
VIETNAM
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No: 07/2025/ND-CP
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Hanoi, January
09, 2025
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DECREE
ON
AMENDMENTS TO A NUMBER OF ARTICLES OF DECREES IN THE FIELD OF CIVIL STATUS,
NATIONALITY AND AUTHENTICATION
Pursuant to the Law on Government Organization
of Vietnam dated June 19, 2015; Law on amendments to some Articles of the Law
on Government Organization of Vietnam and Law on Local Government Organization
of Vietnam dated November 22, 2019;
Pursuant to the Civil Code dated November 24,
2015;
Pursuant to the Law on Civil Status dated
November 20, 2014;
Pursuant to the Law on Vietnamese Nationality
No. 24/2008/QH12 dated November 13, 2008; and the Law on amendments to the Law
on Vietnamese Nationality No. 56/2014/QH13 dated June 24, 2014;
At the request of the Minister of Justice;
The Government issues a Decree on amendments to
a number of articles of decrees in the field of civil status, nationality and
authentication.
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1. Amendment to point a of clause 2 of Article 5:
“a) Certify true copies from originals of any
paper, document issued or certified by Vietnamese competent authorities;
competent foreign authorities and organizations; competent Vietnamese
authorities and organizations in association with competent foreign authorities
and organizations;".
2. Amendment to clause 1 of Article 36:
“1. Applicants must present their unexpired original
or a certified copy of the 9-digit Identity Card/Citizen Identity Card/12-digit
Identity Card/Identity Certificate or Passport, entry and exit
document/International laissez-passer, or present their electronic
identification and submit an application for authentication which includes:
a) Draft contracts;
b) A copy with the original for comparison of the
certificate of ownership, use rights, or a replacing document as prescribed by
laws on property where it is required to register ownership or use right for
contracts related to such property, except in cases where the testator’s life
is under threat.”.
3. The phrase “bản chính hoặc bản sao có chứng thực
Giấy chứng minh nhân dân hoặc hộ chiếu còn giá trị sử dụng” (“originals or any
certified true copy of unexpired 9-digit ID card or passport”) in Clause 1 of
Article 17, Clause 1 of Article 24, Clause 2 of Article 31, Clause 2 of Article
40 is replaced with the phrase “bản chính hoặc bản sao có chứng thực Giấy chứng
minh nhân dân/Thẻ căn cước công dân/Thẻ căn cước/Giấy chứng nhận căn cước/Hộ
chiếu/giấy tờ xuất nhập cảnh/giấy tờ có giá trị đi lại quốc tế còn giá trị sử dụng
hoặc Căn cước điện tử” (“original or certified copy of unexpired 9-digit ID
Card/Citizen ID Card/12-digit ID Card/ID Certificate/Passport/entry and exit
document/International laissez-passer or electronic identification”).
4. The phrase “Giấy chứng minh nhân dân hoặc Hộ chiếu”
(“9-digit ID card or passport”) in Clause 2 of Article 25, the phrase “Giấy chứng
minh nhân dân/hộ chiếu” (“9-digit ID card/Passport”) in the Appendix of
specimen testimonies and specimen authentication books with the phrase “Giấy chứng
minh nhân dân/Thẻ căn cước công dân/Thẻ căn cước/Căn cước điện tử/Giấy chứng nhận
căn cước hoặc Hộ chiếu/giấy tờ xuất nhập cảnh/giấy tờ có giá trị đi lại quốc tế.”
(“9-digit ID Card/Citizen ID Card/12-digit ID Card/ID
Certificate/Passport/entry and exit document/International laissez-passer or
electronic identification.”).
Article 2. Amendments to a
number of articles, sections of Decree No. 123/2015/ND-CP dated November 15,
2015 of the Government elaborating the Law on Civil Status
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“Article 1. Scope
This Decree provides guidelines for the Law on
Civil Status in terms of registration of birth, marriage, management and use of
vital records in the stage that database of electronic civil status and
national database of inhabitants has not been commenced nationwide (hereinafter
referred to as transitional stage); birth registration for abandoned children,
children whose parents have not yet been identified, children born from
surrogacy; registration of birth, marriage, recognition of parent-child
relationship, registration of death at border areas; issuance of certificates
of marital status; registration of guardianship supervision, registration of
termination of guardianship supervision; birth registration for children who
were born overseas without birth registration and reside in Vietnam; marriage
registration with foreign elements at the People’s Committees of districts;
document in vital records marriage, divorce, marriage annulment of Vietnamese
citizens that have been processed at competent authorities overseas,
re-registration of birth, marriage, death; placement of justice and civil
status public employees in charge of full time job and measures for
implementing the Law on civil status.”
2. Amendments to clauses 1 and 2 of Article 2:
“1. Applicants for civil status registration
or issuance of copies of civil status documents shall present the original of one
of the following documents: unexpired passport, 9-digit ID card, citizen ID
card, 12-digit ID card, electronic identification or another document
containing photo and personal information that has been issued by a competent
authority (hereinafter referred to as identity paper) for the identity
verification purpose.
2. Applicants for birth registration shall submit
the original of certificate of live birth or an equivalent document as
prescribed in Clause 1 Article 16 of the Law on Civil Status; applicants for
death registration shall submit the original of death notice or an equivalent
document as prescribed in Clause 1 Article 34 of the Law on civil status and
Clause 2 Article 4 hereof;
In case the applicant has submitted an electronic
copy of the certificate of live birth or death registration, or the civil
status registration agency has extracted the digitally signed electronic data
of the certificate of live birth or death registration, it is not necessary to
submit a physical copy.”.
3. Amendment to Article 3:
Amendment to name of Article 3: Forms of submission
and receipt of application for civil status registration, verification when
processing household registration applications
b) Amendment to clause 1 of Article 3:
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The application for civil status registration shall
be made in 1 copy.”
c) Amendment to clause 5 of Article 3:
“5. For a birth registration applications
where the parents of the child have registered their marriage, depending on the
information on the Marriage Certificate provided in the Birth Registration
Form, the civil status registration agency shall look up the information on the
marital status of the parents of the child on the Provincial information system
for handling administrative procedures through connection with the Electronic
Civil Status Database and the National Population Database.
For marriage registration applications, the civil
status registration agency shall look up information about the marital status
of the applicant on the Provincial information system for handling
administrative procedures through connection with the Electronic Civil Status
Database and the National Population Database.
The lookup results are in electronic or paper form,
fully and accurately reflecting the information at the time of lookup and
attached to the applicant's application.
In case the marital status cannot be looked up
because there is no information in the Electronic Civil Status Database or the
National Population Database, the civil status registration agency shall
request the People's Committee of the commune where the applicant permanently
resides/where the marriage was registered for verification and provision of
information. Within 03 working days from the date of receipt of the
verification request, the People's Committee of the commune receiving the
request shall check, verify, and send the results on the marital status of that
person.".
4. Amendment to point c of clause 1 of Article 4:
“c) The personal identification number of the
person whose birth is registered shall be issued upon the birth registration.
The issuance of personal identification numbers shall comply with the Law on
Identification and its elaborating documents, in accordance with the Law on
Civil Status and this Decree;”.
5. Amendment to clause 2 of Article 9:
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6. Amendment to clause 4 of Article 22:
4. If the applicant for certificate of marital
status has registered permanent residence in multiple places, he/she must provide
documents proving marital status at the previous place of residence (if any).
Based on the information provided, the civil status registration agency looks
up information about the marital status of the applicant on the Provincial
information system for handling administrative procedures through connection
with the Electronic Civil Status Database and the National Population Database.
If there is no information in the Database, the civil registration agency shall
cooperate with relevant agencies to carry out the verification. The time limit
and method for submitting verification requests shall comply with the Clause 5
of Article 3 hereof.”.
7. Amendment to clause 2 of Article 23:
“2. The certificate of marital status shall
be used for the purpose of marriage at overseas Vietnamese representative
missions, or at overseas competent authorities, or for other purposes.”.
8. Addition of Section 3 to Chapter 3:
“Section 5
REGISTRATION OF
SUPERVISION OF GUARDIANSHIP, REGISTRATION OF TERMINATION OF SUPERVISION OF
GUARDIANSHIP
Article 28a. Authority to register supervision
of guardianship, register termination of supervision of guardianship
1. The People's Committee of the commune where the
person under guardianship resides shall register the supervision of guardianship.
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Article 28b. Procedures for registration of
supervision of guardianship
1. The applicant for registration for guardianship
supervision shall submit the Registration Form for Guardianship Supervision in
accordance with the prescribed form and the document as the basis for proving
the agreement to appoint/select a supervisor of guardianship in accordance with
the Civil Code to the competent civil status registration agency.
2. Within 03 working days from the date of receipt
of the application, if the conditions prescribed by law are satisfied, the
judicial-civil status officer shall record it in the Civil Status Book and
report to the Chairman of the commune-level People's Committee to issue a vital
record to the applicant.
In case verification is required, the processing
time shall be extended but not exceeding 05 working days from the date of
receipt of the application.
Article 28c. Procedures for registration of
termination of supervision of guardianship
1. The applicant for registration for termination
of guardianship supervision shall submit the Registration Form for termination
of guardianship supervision in accordance with the prescribed form and the
document as the basis for termination of guardianship supervision.
2. The procedures for registration of termination
of guardianship supervision shall be carried out as regulated in Clause 2 of
Article 28b of hereof.
3. Application form, Book forms, and Vital record
forms related to registration of guardianship supervision and registration of
termination of guardianship supervision are issued in the Appendix attached
hereto”.
9. Amendment to clause 3 of Article 30:
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10. Clause 1 of Article 10 of Decree No.
123/2015/ND-CP dated November 15, 2015 of the Government elaborating the Law on
Civil Status shall be annulled.
Article 3. Amendments to a
number of articles, sections of Decree No. 87/2020/ND-CP dated July 28, 2020 of
the Government on electronic civil status database and online civil
registration
1. Amendment to clause 2 of Article 2:
“2. Common electronic civil registration and
management software shall be the basis of electronic civil status database,
including civil registration and management software and software, applications
and services developed, designed and provided to civil registration and
management agencies by Ministry of Justice to register civil status, develop,
update, digitalize, standardize and manage civil status data, extract and use
electronic civil status database.
The Common electronic civil registration and
management software is connected and integrated with the National Public
Service Portal, the information system for handling administrative procedures
of the Ministry of Justice, the Ministry of Foreign Affairs, and the Provincial
information system for handling administrative procedures to support the
reception, settlement, monitoring of the reception, settlement, and results of
settlement of administrative procedures in the field of civil status.”.
2. Amendment to clause 2 of Article 8:
“2. The Ministry of Justice shall connect and
share data between the Electronic Civil Status Database and other databases of
ministries, central and local authorities; extract and use the Electronic Civil
Status Database to carry out state management activities in the field of civil
status in accordance with law.”.
3. Amendment to point c of clause 3 of Article 12:
“c) An application for civil registration
shall be officially received for processing on common civil registration and
management software only when it is adequate as per the law.
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4. Amendments to clauses 1 and 2 of Article 13:
Competent authorities specified under Clauses 1, 3
and 4 Article 8 hereof shall issue copies of vital records at request of
individuals regardless where civil registration is performed and residence of
the applicants.
2. Competent agencies specified under Clauses 3 and
4 Article 8 hereof shall issue verification of civil status information in case
of individuals wishing to extract information from multiple civil registration
affairs or verify their varying civil status information; agencies and
organizations requesting to extract varying civil status information of an
individual or extract civil status information of multiple individuals.”.
5. Amendment to clause 7 of Article 19:
“7. Issuing documents instructing, operating
and guiding timely solutions for difficulties related to extraction and use of
electronic civil status database for civil registration on a nationwide
scale.”.
Article 4. Amendments to a
number of articles of Decree No. 16/2020/ND-GOVERNMENT dated February 3, 2020
of the Government elaborating to Law on Vietnamese Nationality
1. Amendments to a number of points and clauses of
Article 10:
Amendment to the name of clause 1 of Article 10:
“1. Documents specified in Points b, d, dd, e
and g of Clause 1 of Article 20 of Law on Vietnamese Nationality include:”.
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“c) Copies of birth certificates of juvenile
children who will be naturalized in Vietnamese nationality with their parents
or other valid documents proving parent-child relationship, in case the
receiving agency cannot extract information proving the parent-child
relationship from the Electronic Civil Status Database or the National
Population Database.
In case only one of the parents is naturalized in
Vietnamese nationality and their juvenile children are also naturalized in
Vietnamese nationality with them, written agreements bearing both signatures of
the parents on naturalization of Vietnamese nationality for the children must
be present. Signature authentication is not required for the agreements; a
parent whose name is on the application for naturalization of Vietnamese
nationality of the children shall be responsible for authenticity of signature
of the other parent.
In case parents are deceased, lost legal capacity
or having limited legal capacity, the agreements shall be replaced with
documents proving deceased parents, parents with lost legal capacity or parents
having limited legal capacity.
c) Addition of point e to clause 1 to Article 10:
“e) The Department of Justice shall
proactively request the agency managing the judicial record database to issue a
judicial record card to the applicant for Vietnamese nationality during their
residence in Vietnam to complete their application, except in cases where the
applicant already has a Criminal Record Card at the time of application
submission.
This regulation also applies to applications for
restoration of Vietnamese nationality and applications for renunciation of
Vietnamese nationality submitted to the Department of Justice.”.
d) Amendments to point a of clause 2 of Article 10:
a) In case an applicant has a spouse who is a
Vietnamese citizen, submit copies of marriage certificates or marital status
certificates; in case an applicant has parents and children who are Vietnamese
citizens, submit copies of birth certificates or other valid documents
parent-child relationship in case the receiving agency cannot extract information
proving the marital relationship, the parent-child relationship from the
Electronic Civil Status Database or the National Population Database;”.
2. Amendments to clauses 1 and 4 of Article 15:
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a) Documents proving renunciation by the President
or denaturalization of Vietnamese nationality;
b) Previous documents issued and verified by
competent agencies and organizations which specify Vietnamese nationality or
equivalent documents certifying Vietnamese nationality of the applicants.
In case previous information about the Vietnamese nationality
status of such can be extracted in the Electronic Civil Status Database or the
National Population Database, the receiving agency shall not request the
applicant to submit the above documents.
“4. Copies of birth certificates or other
valid documents proving parent-child relationship are required for juvenile
children whose Vietnamese nationality shall be restored with their parents in
case the receiving agency cannot extract information proving the parent-child
relationship from the Electronic Civil Status Database or the National
Population Database. In case only one of the parents is restored with
Vietnamese nationality and their juvenile children are also restored with
Vietnamese nationality with them, written agreements on restoration of Vietnamese
nationality for the children must be present. The agreements must bear both
signatures of the parents, signature authentication is not required for the
agreements; a parent whose name is on the application for restoration of
Vietnamese nationality of the children shall be responsible for authenticity of
signature of the other parent.
In case parents are deceased, lost legal capacity
or having limited legal capacity, the agreements shall be replaced with
documents proving deceased parents, parents with lost legal capacity or parents
having limited legal capacity.”.
3. Amendments to clause 1 of Article 16:
“1. In case identity of applicants for
restoration of Vietnamese nationality must be verified according to Clause 3
Article 26 of Law on Vietnamese Nationality, the Ministry of Justice shall
issue documents stating contents that need to be verified by Ministry of Public
Security.”.
4. Amendments to Article 18:
a) Addition of clauses 1a after clause 1 of Article
18:
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b) Amendments to clause 3 of Article 18:
“c) Copies of birth certificates of juvenile
children who will be renounced in Vietnamese nationality with their parents or
other valid documents proving parent-child relationship, in case the receiving
agency cannot extract information proving the parent-child relationship from
the Electronic Civil Status Database or the National Population Database. In
case only one of the parents is renounced in Vietnamese nationality and their
juvenile children are also renounced in Vietnamese nationality with them,
written agreements bearing both signatures of the parents on renunciation of
Vietnamese nationality for the children must be present. Signature
authentication is not required for the agreements; a parent whose name is on
the application for renunciation of Vietnamese nationality of the children
shall be responsible for authenticity of signature of the other parent.
In case parents are deceased, lost legal capacity
or having limited legal capacity, the agreements shall be replaced with
documents proving deceased parents, parents with lost legal capacity or parents
having limited legal capacity.”.
5. Amendment to Article 30:
“Article 30. Authority to issue
certificates of Vietnamese nationality
Applicants for issuance of certificates of
Vietnamese nationality shall apply at Departments of Justice or representative
bodies where they reside at the time of submission of application.”.
6. Amendment to point b of clause 1 of Article 31:
“b) Documents proving Vietnamese nationality
according to Article 11 of Law on Vietnamese Nationality or equivalent
documents issued by previous government, including birth certificates where
nationality section is left empty or full name sections are filled with full
name of the applicant and his/her parents in Vietnamese, in case the receiving
agency cannot extract information proving Vietnamese nationality of the
applicant from the Electronic Civil Status Database or the National Population
Database;”.
7. Amendment to Article 32:
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Applicants for issuance of certificates of
Vietnamese origin shall apply at Departments of Justice or representative
bodies where they reside at the time of submission of application.”.
8. Amendment to point b of clause 1 of Article 33:
Documents previously issued proving that the
applicant once held Vietnamese nationality and at birth their nationality was
determined by their bloodline or documents proving he/she has parents or
grandparents who hold Vietnamese nationality in case the receiving agency
cannot extract such information from the Electronic Civil Status Database or
the National Population Database.
In case none of the documents above are available,
on a case-by-case basis, applicant may submit copies of documents on personal
record, nationality or civil status issued by former southern government before
April 30, 1975; documents issued by former government of Hanoi from 1911 to
1956; guarantees of associations and groups of overseas Vietnamese where the
applicant is residing that confirm Vietnamese origin of the applicant;
guarantees of Vietnamese nationals which confirm Vietnamese origin of the
applicant; documents issued by foreign competent agencies that specified
Vietnamese nationality or Vietnamese origin.”.
9. The phrase “Thẻ căn cước, Căn cước điện tử”
(“12-digit ID card, Electronic identification”) shall be added after the phrase
“Thẻ căn cước, Căn cước điện tử” (“Citizen ID card) in Clause 2 of Article 4,
Clause 2 of Clause 3 and Clause 4 of Article 24, Clause 1 and Clause 2 of
Article 26, Point a of Clause 1 of Article 29, Point a of Clause 1 of Article
31, Point a of Clause 1 of Article 33, Point e off Clause 1 of Article 35 and
Clause 3 of Article 36.
Article 5. Implementation clauses
1. This Decree comes into force from the date which
it is signed.
2. Applications related to civil status,
nationality and authentication received before the effective date of the Decree
but not yet resolved shall continue to be handled in accordance with the
regulations of Decree No. 23/2015/ND-CP, Decree No. 123/2015/ND-CP, Decree No.
87/2020/ND-CP, Decree No. 16/2020/ND-CP.
3. The Ministry of Justice shall provide guidance
on the implementation of this Decree.
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ON BEHALF OF
GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Le Thanh Long