|
MINISTRY OF JUSTICE
--------
|
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
|
|
No.15/2015/TT-BTP
|
Hanoi, November 16, 2015
|
CIRCULAR
ELABORATING SOME ARTICLES OF THE LAW ON CIVIL STATUS AND
THE GOVERNMENT’S DECREE NO. 123/2015/ND-CP DATED NOVEMBER 15, 2015 ON
GUIDELINES FOR LAW ON CIVIL STATUS
Pursuant to the Law
on Civil Status No. 60/2014/QH13 dated November 20, 2014;
Pursuant to the
Government’s Decree No. 123/2015/ND-CP dated November 15, 2015 on guidelines
for Law on Civil Status;
Pursuant to the
Government’s Decree No. 22/2013/ND-CP dated March 13, 2013 defining functions,
tasks, entitlements and organizational structure of the Ministry of Justice;
At the request of
Director of Department of Civil Status, Nationality and Authentication;
The Minister of
Justice hereby promulgates a Circular to elaborate some Articles of the Law on
Civil Status and the Government’s Decree No. 123/2015/ND-CP dated November 15,
2015 on guidelines for Law on Civil Status.
Chapter I
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Article 1. Scope
This Circular
elaborates Clause 2 Article 6, Clause 2 Article 66 of the Law on Civil Status
regarding authorization of civil registration; conditions and procedures for
mobile birth, marriage and death registration; promulgates and provides
guidelines for use and management of civil status registers, birth
certificates, marriage certificates, civil status extracts and other civil
status forms (hereinafter referred to as “civil status documents”); provides
guidelines for the Government's Decree No. 123/2015/ND-CP dated November 15,
2015 elaborating some Articles of the Law on Civil Status (hereinafter referred
to as “the Decree No. 123/2015/ND-CP”) on receipt of applications for and
return of result of civil registration and birth registration for children born
abroad and taken to reside in Vietnam; recording of the birth
registration granted abroad in the civil status registers; birth registration
for those who have had their personal documents; documents used as the basis
for birth re-registration; evidence proving father and child or mother and
child relationship; simultaneous processing of the applications for birth
registration and for recognition of parent-child relationship.
Article 2.
Authorization of civil registration
1. The person who
applies for copies of civil status extracts and for registration of the vital
events specified in Article 3 of the Law on Civil Status may authorize another
person to do so, except for marriage registration/re-registration and
registration of recognition of parent-child relationship.
2. The authorization
shall be made in writing. The power of attorney shall be notarized and
certified as prescribed by law. The scope of authorization may cover the entire
period over which the application for civil registration is submitted and the
result is returned in accordance with the procedures for civil registration.
In the cases where the
authorized person is the grandfather, grandmother, father, mother, child,
spouse or sibling of the authorizing person, the power of attorney is not
required to be notarized and certified, but the documentary evidence for such
relationship is required.
3. When submitting the
application for birth registration, marriage re-registration or recognition of
parent-child relationship, a party that so requests may submit the application
at the competent civil registry without obtaining the other party’s power of
attorney.
Article 3.
Receiving applications for and returning results of civil registration
1. Upon receipt of the
application, the recipient shall promptly inspect it. If the application is unsatisfactory,
the recipient shall instruct the applicant to complete it as prescribed. If the
application fails to be completed immediately, it is required to give the
applicant written guidelines, specifying the type of additional documents and
bearing the signature and full name of the recipient.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
3. In case the
applicant for civil registration submits non-certified copies enclosed with
originals of the documents for comparison, the recipient shall inspect, compare
the copies with the originals and sign the copies, and shall not require any
other copies of these documents.
If specific documents
to be presented upon civil registration are prescribed by law, the recipient
shall inspect presented documents, compare them with the information provided
in the application form and return them to the applicant, and shall not require
any other copies of these documents. The recipient may take a photocopy of the
presented document or record the details of the presented document.
4. Upon returning the
result of civil registration, the person returning the result shall instruct
the applicant for civil registration to check the information provided in the
civil status document and civil status register. If the applicant for civil
registration finds the information is correct and conformable with the
application for civil registration, he/she shall specify their full name in the
civil status register under the guidance of the person returning the result and
receive the corresponding civil status document. The applicant's signature on
the application form for civil registration must be consistent with the one on
the civil status documents and civil status register. Different signatures are
unacceptable. In case the applicant for civil registration fails to write in
his/her signature, he/she shall press his/her fingerprints.
5. Upon returning the
results of marriage registration/re-registration, the male and female partners
must be present. Upon returning the result of recognition of parent-child
relationship, both parties must be present.
Article 4.
Processing applications for civil registration in case of failure to receive
verification result
1. Regarding the civil
registration that requires the submission of written request for verification
as prescribed by the Law on Civil Status, Decree No. 123/2015/ND-CP and this
Circular, if the written response to the verification is not obtained within
the prescribed time limit, the civil registry shall allow the applicant for
civil registration make a written commitment on the contents that need
verifying. The applicant for civil registration shall be responsible for
his/her committed contents.
2. In case the civil
registry allows the applicant for civil registration to make a written
commitment on the registered content, the civil registry shall clearly explain
responsibility and legal consequences for the untruthful commitment to the
applicant.
The civil registry
shall refuse the application for civil registration or as prescribed in Article
5 of this Circular or cancel the result of civil registration if there are
grounds to believe that the committed contents are untruthful.
Article 5. Refusing
applications for civil registration
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
The refusal shall be
made in writing. The written refusal shall clearly specify reasons for refusal
and bear the signature and full name of the recipient. In case the applicant
disagrees with the refusal, he/she may file a complaint as prescribed by law.
Chapter II
GUIDELINES FOR REGISTRATION OF SOME VITAL
EVENTS
Section 1. BIRTH
REGISTRATION AND RECORDING OF BIRTH REGISTRATION GRANTED ABROAD IN CIVIL STATUS
REGISTERS
Article 6. Birth
registration for children born abroad and taken to reside in Vietnam
The birth registration
for a child who was born abroad and whose either parent or parents is/are both
Vietnamese citizen(s) but has yet to have his/her birth registered abroad and
is taken to reside in Vietnam shall be carried out according to Article 29 of
the Decree No. 123/2015/ND-CP and the following instructions:
1. Documentary
evidences for the child’s residence in Vietnam prescribed in Clause 2 Article
29 of the Decree No. 123/2015/ND-CP include documentary evidences for the
child’s entry into Vietnam (such as passport and international travel document
bearing the seal of the Immigration Department) and competent police
authority’s written confirmation of the child's residence in Vietnam.
2. The child’s full
name shall be determined as prescribed in Point a Clause 1 Article 4 of the
Decree No. 123/2015/ND-CP.
3. The child’s
nationality to be specified in the birth certificate shall be determined as
prescribed by the law on nationality.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
In case a Vietnamese
citizen that was born abroad and has his/her birth registered at a competent
authority in a foreign country but currently resides in Vietnam wishes to apply
for recording of birth registration in the civil status register, it is
required to follow the instructions below, as the case may be:
1. If the birth
certificate issued by a competent authority in a foreign country shows the
applicant’s Vietnamese nationality, the People’s Committee of the district,
urban district, town or provincial-affiliated city (hereinafter referred to as
“the People’s Committee of the district”) of the area where the applicant
resides shall record the birth registration in the civil status register in
accordance with Section 6 Chapter III of the Law on Civil Status and grant an
extract showing the birth registration that has been recorded in the civil
status register.
2. If the applicant’s
parent is a Vietnamese citizen and the other is a foreigner, the birth
certificate and international travel document issued by a competent authority
in a foreign country does not specify the applicant’s nationality and the parents
have made a written agreement to select Vietnamese nationality for their child
or the parents fail to reach an agreement on selection of nationality for their
child, the People’s Committee of the district of the area where the applicant
resides shall record the birth registration in the civil status register in
accordance with Section 6 Chapter III of the Law on Civil Status and grant an
extract showing the birth registration and Vietnamese nationality that has been
recorded in the civil status register.
Article 8. Birth
registration for those who have had their personal documents
1. If a Vietnamese
citizen who resides at home and was born before January 01, 2016 is yet to have
his/her birth registered but has personal documents (originals or certified
copies) such as identity documents specified in Clause 1 Article 2 of the
Decree No. 123/2015/ND-CP, family register, temporary residence register
and other documents issued by Vietnam’s competent authority and wishes to apply
for birth registration, the People’s Committee of the commune of the area where
such citizen resides shall grant birth registration.
2. If an overseas
Vietnamese that is yet to have his/her birth registered has the personal
documents which are provided in Clause 1 of this Article and specify his/her
place of birth as Vietnam and wishes to apply for birth registration, the
People’s Committee of the district of the area where such person resides shall
grant birth registration.
3. The application for
birth registration in the cases specified in Clauses 1 and 2 of this Circular
includes an application form for birth registration, a written commitment on
the fact that birth registration is yet to be granted and the documents
prescribed in Points b and c Clause 1 Article 26 of the Decree No.
123/2015/ND-CP. The procedures for birth registration are the same as those
specified in Clauses 2, 3 and 5 Article 26 of the Decree No. 123/2015/ND-CP and
Clauses 3 and 4 Article 9 Article 10 of this Circular.
Article 9.
Documents used as basis for birth re-registration
Documents used as
basis for birth re-registration according to Article 26 of the Decree No.
123/2015/ND-CP include:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
2. An original or copy
of the document used as a substitute for the birth certificate issued before
1945 in the North and before 1975 in the South.
3. If the applicant
for birth re-registration does not have any documents specified in Clauses 1
and 2 of this Article, the following valid documents issued by a competent
authority of Vietnam shall serve as the basis for determination of the
re-registered contents:
a) ID card, Citizen
Identity Card or passport;
b) Family register,
temporary residence register, documentary evidence for his/her residence;
c) Diploma,
certificates, academic transcript and academic records issued or certified by a
competent training institution;
d) Other documents
specifying the applicant’s full name and date of birth;
dd) Documentary
evidences for parent-child relationship.
The applicant for
birth re-registration shall submit all copies of the aforementioned documents
(if any) and undertake that he/she submits all documents that he/she has. If
the applicant makes an untruthful commitment and deliberately submits copies of
documents favorable to him/her to apply for birth re-registration, the
application for birth re-registration will be considered invalid.
In case the applicant
is an official, public official, public employee or armed force official, a
written confirmation of the head of the authority that is prescribed in Point c
Clause 1 Article 26 of the Decree No. 123/2015/ND-CP is required.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Article 10.
Determination of re-registered contents
1. If the applicant
for birth re-registration has the documents specified in Clause 4 Article 26 of
the Decree No. 123/2015/ND-CP and Clauses 1 and 2 Article 9 of this Circular,
the re-registered contents shall be determined according to such documents.
In case of any change
in the information about the applicant’s parents and the applicant that is
specified in the issued documents, such applicant shall provide documentary
evidences for such change. If the change in information is made in adherence to
regulations of law, the re-registered contents shall be determined according to
the changed information. The information before the change shall be recorded in
the “Phần ghi chú những thay đổi sau này” (“Notes of later changes”) section at
the back of the birth certificate and the “Ghi chú” (“Notes”) section of the
birth register.
For example: Nguyen Van A’s birth certificate issued in 1975 specifies
his father's full name as Nguyen Van B born in 1950 and holding Vietnamese
nationality. But Nguyen Van B currently renounces his Vietnamese nationality,
acquires German nationality and changes his full name to Nguyen Henry. Upon
birth re-registration for Nguyen Van A, the applicant shall present the
decision by the President of the Socialist Republic of Vietnam on the
renouncement of Vietnamese nationality and documentary evidences for German
nationality and change of father’s name. The particulars concerning the father
on the birth certificate shall be specified as follows:
“Họ tên cha: Nguyen
Henry, sinh năm 1950, quốc tịch Đức” (“Full name of father: Nguyen Henry, born
in 1950, German nationality”).
The “Phần ghi chú
những thay đổi sau này” (“Notes of later changes”) section at the back of the
birth certificate and the “Ghi chú” (“Notes”) section of the birth register
shall clearly specify: “Người cha thay đổi họ tên và quốc tịch từ Nguyễn Văn B,
quốc tịch Việt Nam, thành Nguyen Henry, quốc tịch Đức” (“The father has changed
his full name and nationality from Nguyen Van B and Vietnamese to Nguyen Henry
and German respectively”).
2. At the time of
birth re-registration, in case of any change of the administrative divisions
specified in the issued documents, the changed administrative divisions shall
be specified. The change of the administrative divisions shall be specified in
the “Phần ghi chú những thay đổi sau này” (“Notes of later changes”) section at
the back of the birth certificate and the “Ghi chú” (“Notes”) section of the
birth register.
For example: Nguyen Van A’s place of birth and place of origin specified
in the copy of the previously issued birth certificate was “Vĩnh Thịnh, Vĩnh
Lạc, Vĩnh Phú”. The district and provincial-level administrative divisions have
now been changed to Vĩnh Tường and Vĩnh Phúc respectively, the changed
administrative divisions - “Vĩnh Thịnh, Vĩnh Tường, Vĩnh Phúc” shall be
specified.
The “Phần ghi chú
những thay đổi sau này” (“Notes of later changes”) section at the back of the
birth certificate and the “Ghi chú” (“Notes”) section of the birth register
shall clearly specify: “Nơi sinh, quê quán thay đổi từ “Vĩnh Thịnh, Vĩnh Lạc,
Vĩnh Phú” thành “Vĩnh Thịnh, Vĩnh Tường, Vĩnh Phúc”. (“The place of birth and
place of origin have been changed from “Vĩnh Thịnh, Vĩnh Lạc, Vĩnh Phú” to
“Vĩnh Thịnh, Vĩnh Tường, Vĩnh Phúc”).
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Article 11.
Evidences for parent-child relationship
The evidences for
parent-child relationship specified in Clause 1 Article 25 and Clause 1 Article
44 of the Law on Civil Status include one of the following documents:
1. Certificate of
father-child or mother-child relationship issued by a health agency or
assessment agency or another competent authority of Vietnam or foreign country.
2. The certificate
specified in Clause 1 of this Article may be replaced by letters, photos,
videos, records, tools and other things proving parent-child relationship and
the written commitment made by parents with the witness of at least two
relatives to certify that they are that child’s parents.
The civil registry
shall clearly explain the responsibility and legal consequences for giving
untruthful undertakings and witness statements.
The civil registry
shall refuse the application for civil registration as prescribed in Article 5
of this Circular or cancel the result of civil registration if there are
grounds to believe that the undertakings and witness statements are untruthful.
Article 12.
Simultaneous processing of the applications for birth registration and for
recognition of parent-child relationship
In case a person
applies for recognition of parent-child relationship upon birth registration
for children, the civil registry shall simultaneously process the application
for birth registration and for recognition of parent-child relationship as
follows:
1. An application
includes:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
b) A certificate of
live birth or an equivalent document prescribed in Clause 1 Article 16 of the
Law on Civil Status;
c) Evidences for
parent-child relationship prescribed in Article 11 of this Circular.
2. Other documents.
Procedures for processing applications shall be carried out as prescribed in
Clauses 1 and 2 Article 16 and Article 25 of the Law on Civil Status within the
power of the People's Committee of the commune, and as prescribed in Clauses 1
and 2 Article 36 and Article 44 of the Law on Civil Status within the power of
the People's Committee of the district.
Birth registration
contents shall be determined as prescribed in Article 4 of the Decree No.
123/2015/ND-CP. The birth certificate and extract of parent and child
recognition certificate shall be issued to the applicant at the same time.
Article 13.
Guidelines for registration of parent-child recognition and civil
supplementation in some special cases
1. In the cases where
a couple cohabits, has not applied for marriage registration, gives birth and
the child lives with his/her father, if the father fails to contact the child's
mother upon applying for recognition of father-child relationship, it is not
required to collect mother's opinions to be specified in the application form
for recognition of parent-child relationship.
If the certificate of
live birth and mother’s personal documents are available, the particulars
concerning the mother shall be specified according to such certificate of live
birth and personal documents. If the certificate of live birth and mother’s
personal documents are not available, the particulars concerning the mother
shall be specified according to the information provided by the father and he
shall take responsibility for such information.
2. In case the child
was born by the wife before applying for marriage registration and has his/her
birth registered without any information about the father and the
acknowledgement showing the couple is the child’s parents is available, it is
not required to apply for registration of parent-child recognition but
apply for civil status supplementation to add information about the father to
the birth register and birth certificate of the child.
3. In case the child
was born by the wife before applying for marriage registration and has yet to
have his/her birth registered but the acknowledgement showing the couple is the
child’s parents is available upon birth registration, the information about the
father shall be immediately specified in the child's birth certificate without
applying for registration of parent-child recognition.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
The civil registry
shall refuse the application for civil registration or as prescribed in Article
5 of this Circular or cancel the result of civil registration if there are
grounds to believe that the information provided to the civil registry is
untruthful.
Section 3. MOBILE
BIRTH, DEATH AND MARRIAGE REGISTRATION
Article 14. Cases
in which mobile birth, death and marriage registration are granted
1. In the cases where
the child’s parents fails to register their child’s birth due to their
disability or illness, the child's parents are arrested, kept in temporary
detention or sentenced to imprisonment and none of the child’s relative is able
to register the child’s birth, the People’s Committee of the commune shall
grant mobile birth registration.
In the cases where the
deceased does not have any relative or the relative does not live within the
same commune or the old, weak or disabled person fails to register death, the
People’s Committee of the commune shall grant mobile death registration.
In the cases where the
male and female partners temporarily reside within the same commune but either
or both male and female partner(s) fail(s) to register marriage due to their
disability or illness, the People’s Committee of the commune shall grant mobile
marriage registration.
2. In addition to the
cases specified in Clause 1 of this Article, the People's Committee of the
commune shall, according to current situation, decide to grant mobile birth,
death and marriage registration.
3. The People’s
Committee of the commune shall arrange time and provide funding and personnel
for mobile civil registration as prescribed in Clauses 1 and 2 of this Article
in an appropriate manner, ensuring the people’s birth, death and marriage
events are sufficiently registered and the civil status management is
strengthened in the commune.
Article 15.
Procedures for mobile birth and death registration
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
In the location for
mobile registration, the justice and civil status official shall instruct the
applicant to complete the application and shall inspect the documents used as
the basis for birth/death registration in accordance with regulations of the
Law on Civil Status, Decree No. 123/2015/ND-CP and this Circular and complete
the application receipt note. The result of mobile birth/death registration
shall be returned within 05 working days from the receipt of the application.
2. Within 02 working
days from the receipt of the application according to Clause 1 of this Article,
the justice and civil status official shall request the President of People’s
Committee of the commune to sign the civil status document and record the
registered contents in the corresponding civil status register.
3. Within 05 working
days according to Clause 1 of this Article, the justice and civil status
official shall return the civil status document and civil status register to
the applicant in the location for mobile registration and instruct the
applicant to sign and specify his/her full name in the civil status register as
prescribed. The “Ghi chú” (“Notes”) section of the civil status register shall
clearly specify “Đăng ký lưu động” (“Mobile registration”).
4. In case the
applicant is illiterate, the justice and civil status official shall directly
complete the application form and then read the contents to applicant and
instruct him/her to press his/her fingerprints on the application form. Upon
returning the result of civil registration, the justice and civil status
official shall read the information contained in the civil status document to
the applicant and instruct him/her to press his/her fingerprints on the civil status
register.
This Clause is also
applied when carrying out the marriage registration procedures prescribed in
Article 16 of this Circular.
Article 16.
Procedures for mobile marriage registration
1. The commune-level
justice and civil status official assigned to grant mobile marriage
registration shall sufficiently prepare specimens of application forms and
civil status documents and satisfy necessary conditions for mobile
registration. In the location for mobile registration, the justice and civil
status official shall inspect and verify the fulfillment of marriage conditions
by the male and female partners, instruct the applicant to complete the
application form for marriage registration, and complete the application
receipt note. The result of mobile marriage registration shall be returned
within 05 working days from the receipt of the application.
2. Within 05 working
days according to Clause 1 of this Article, if it is considered that the male
and female partners are eligible for marriage as prescribed by the Law on
Marriage and Family, the justice and civil status official shall request the
President of People’s Committee of the commune to sign the marriage certificate
and then grant it to the partners in the location for mobile registration.
Chapter III
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Section 1.
SPECIMENS OF CIVIL STATUS DOCUMENTS AND REGISTERS
Article 17.
Promulgation of lists of specimens of civil status documents and registers
1. The following lists
are promulgated together with this Circular:
a) List of civil
status documents printed and released by the Ministry of Justice (Appendix 1);
b) List of civil
status registers printed and released by the Ministry of Justice (Appendix 2);
c) List of civil
status documents published on the web portal of the Ministry of Justice and
printed and used by civil registries themselves (Appendix 3);
d) List of civil
status registers published on the web portal of the Ministry of Justice and
printed and used by the civil registries themselves (Appendix 4).
dd) List of specimens
of application forms for civil registration published on the web portal of the
Ministry of Justice and printed and used by the civil registries and the people
themselves (Appendix 5).
2. Standards in sizes,
colors and specifications of specimens of civil status documents and registers
are provided in the Appendices promulgated together with this Circular.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
1. Birth certificates,
marriage certificates, birth registers, marriage registers and death registers
are promulgated together with the lists specified in Points a and b Clause 1
Article 17 of this Circular are printed and released by the Ministry of
Justice.
The Departments of
Justice of provinces and central-affiliated cities shall contact the Ministry
of Finance in order to be provided with civil status documents and registers on
their demand.
2. The civil registry
using civil registration software and ensuring that specimens of civil status
documents and registers are printed according to the standards in sizes and
specifications specified in Clause 2 Article 17 of this Circular and recognized
by the Ministry of Justice may provide the specimens of birth certificate and
marriage certificate (according to the list specified in Point a Clause 1
Article 17).
3. Specimens of civil
status extracts (originals and copies) promulgated together with the list
specified in Point c Clause 1 Article 17 of this Circular and specimens of
application forms for civil registration promulgated together with the list
specified in Point dd Clause 1 Article 17 of this Circular are published on the
web portal of the Ministry of Justice (www.moj.gov.vn). Civil registries are
allowed to access the web portal and print such specimens themselves.
The applicants for
civil registration shall access the web portal of the Ministry of Justice in
order to print and use specimens of application forms for civil registration
themselves. In case the applicants for civil registration fail to print the
specimens themselves, the civil registry shall print and deliver them to the
applicants for free.
4. Specimens of civil
status registers promulgated together with the list specified in Point d Clause
1 Article 17 of this Circular are published on the web portal of the Ministry
of Justice (www.moj.gov.vn). Civil registries are allowed to access the web
portal and print such specimens themselves.
In case domestic civil
registries fail to print the specimens themselves, Departments of Justice of
provinces and central-affiliated cities shall print and deliver them to civil
registries for free within the provinces and central-affiliated cities.
5. Civil registries
shall take responsibility for the use of civil status documents and registers
that are printed and released against the regulations of this Circular.
Section 2.
GUIDELINES FOR RECORDING INFORMATION IN CIVIL STATUS REGISTERS AND DOCUMENTS
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
1. Commune-level
justice and civil status officials, civil status officials of Departments of
Justice, members of diplomatic missions and consular posts (hereinafter
referred to as "civil status officials”) shall record information in civil
status registers and documents themselves. The information must be accurate.
The words must be clear and not be abbreviated and erased, must be written in
good and same type of ink. Different inks and red ink must not be used.
In case information
technology is applied to print civil status documents through computers, it is
required to print them in a good and black ink that should not be blurred or
faded.
2. The civil status
register shall be affixed with a seal on the margin of each consecutive page.
Information shall be recorded in the register continuously from page to page
without any page left blank.
3. The registration
numbered in a year on each type of civil status register must be written in a
chronological order from the beginning to the end of the year, starting from
01. In case the register has no page left blank before the end of the year,
another register shall be used and the registration shall be numbered from the
last registration numbered on the previous register.
For example: The first
2016 birth register has no page left blank and the last registration numbered
(of the last page) is 200, the next registration numbered will be 201 upon
switching to the second register.
4. The registration
numbered on an individual's civil status document shall be the same as that
numbered on the civil status register according to Clause 3 of this Article.
5. Columns and
sections of the civil status registers and documents shall be sufficiently and
accurately filled in according to the instructions specified in the civil
status registers and this Circular. The date must be specified according to the
solar calendar.
6. The civil status
changes according to judgments or decisions by competent authorities shall be
recorded in civil status registers as follows:
a) The nationality
change shall be recorded in the “Ghi chú” (“Notes”) section of the birth
register and of other civil status registers which contain registered
information about the person who has changed his nationality;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
c) The sex
reassignment shall be recorded in the “Ghi chú” (“Notes”) section of the birth
register of the person whose sex has been reassigned;
d) Child adoption and
termination of child adoption shall be recorded in the child adoption register;
dd) The divorce,
annulment of illegal marriages and recognition of marriages shall be recorded
in the “Ghi chú” (“Notes”) section of the marriage register;
e) The recognition of
guardianship shall be recorded in the guardianship register;
g) The declaration or
cancellation of declaration of a person who has gone missing, has been
incapacitated or has had limited legal capacity shall be recorded in the “Ghi
chú” (“Notes”) section of the child’s birth register;
h) The declaration or
cancellation of declaration of death of a person shall be recorded in the death
register.
7. Vietnamese
citizen’s vital events that have been handled by competent authorities in a
foreign country shall be recorded in civil status registers as follows:
a) The birth
registration shall be recorded in the birth register;
b) The marriage registration
shall be recorded in the birth register;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
d) The recognition of
parent-child relationship, and parent and child identification shall be
recorded in the register of recognition of parent-child relationship. In case
the child's birth has been registered in Vietnam, the People's Committee of the
district shall request the registry that has granted birth registration to add
another entry to the birth register;
dd) The child adoption
shall be recorded in the child adoption register;
e) The civil status
changes shall be recorded in the register of civil status
change/correction/supplementation or ethnic group re-determination and added to
the register of other vital events;
g) The divorce and
annulment of marriages shall be recorded in the marriage note. If the marriage
and the overseas marriage certificate were registered and applied for at a
competent authority of Vietnam, the People’s Committee of the district shall
request the registry that has granted marriage registration and issued overseas
marriage certificate to add another entry to the birth register;
h) The death
registration shall be recorded in the death register.
8. Each civil registry
that is retaining civil status registers shall record information in civil
status registers according to Clause 6 of this Article after receiving the
judgment or decision.
If civil status
registers are retained by a registry and also its superior registry, the civil
registry that records information in civil status registers after receiving the
judgment or decision shall request the remaining registry that is retaining
civil status registers to record information in the civil status registers to
ensure update synchronization.
9. Upon recording
information in civil status registers, it is required to record it according to
the information contained in the civil status document. The information that is
available in the civil status register but is not available in the
civil status document shall be left blank, otherwise, the information that is
available in the civil status document but is not available in the civil status
register shall be specified in the “Ghi chú” (“Notes”) section of the civil
status register.
In case the civil status
information contained in the civil status documents and registers is yet to be
identified, it is allowed to leave it blank and not allowed to put a cross or a
mark.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
1. In case of any
change of administrative divisions, it is required to record current
administrative divisions at the time of registration.
2. Upon issuance of
the copy of the civil status extract, the registered administrative divisions
written on the civil status register shall be specified in the administrative
division section of the copy of the civil status extract.
Article 21.
Guidelines for recording information in birth certificates and birth registers
1. Full name of the
person whose birth is registered must be written in capital letters and
accented.
2. Date of birth of
the person whose birth is registered is the calendar date, written in numbers
and words.
3. The “Nơi sinh”
(“Place of birth”) section shall be specified as follows:
a) In case a child was
born in a hospital, maternity ward, medical station or health facility
(hereinafter referred to as "the health facility"), name of such
health facility and of the administrative division where the health facility is
located shall be specified.
b) In case a child was
born in a health facility other than that specified in Point a of this Clause,
including the cases where the child was born at home, in a vehicle, on road or
in another place, the “Nơi sinh” (“Place of birth”) shall be specified
according to the administrative division where the child was born (specify the
administrative division that has 3 levels).
c) In case the child
was born abroad, the “Nơi sinh” (“Place of birth”) section shall be specified
according to name of the city and the country where the child was born. In case
the child was born in a federation, name of the city, the state and the
federation shall be specified.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
a) In case a
Vietnamese citizen resides in Vietnam, it is required to specify the place of
permanent residence. In case of no place of permanent residence, specify the
place of temporary residence.
b) In case a
Vietnamese citizen resides abroad, specify his/her permanent or temporary
address in the foreign country.
Guidelines for
recording information in the “Nơi cư trú” (“Place of residence”) section shall
be also applied to record information in the “Nơi cư trú” (“Place of
residence”) of other civil status registers and documents.
5. The “Giấy tờ tùy
thân” (“Personal documents”) of the applicant for birth registration, including
the documents specified in Clause 1 Article 2 of the Decree No. 123/2015/ND-CP
shall clearly specify: name and number of the documents, issuing authority and
place of issue.
For example: - Giấy
CMND số 030946299, Công an thành phố Hải Phòng cấp ngày 01/01/2011 (“ID card
No. 030946299 issued by police authority of Hai Phong city on January 01,
2011”).
- Hộ chiếu số B234567,
Cục QLXNC cấp ngày 14/02/2012 (“Passport No. B234567 issued by the Department
of Immigration on February 14, 2012”).
- Thẻ căn cước công
dân số 010116000099, Bộ Công an cấp ngày 01/6/2016 (“Citizen ID card No.
010116000099 issued by Ministry of Public Security on June 01, 2016”).
6. The “Nơi đăng ký
khai sinh” (“Place of birth registration”) section shall specify name of the
birth registry as prescribed by the Law on Civil Status. To be specific:
a) In case the birth
registration is granted within the power of People’s Committee of the commune,
specify the administrative divisions with 3 levels (commune, district and
province).
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
b) In case the birth
registration is granted within the power of People’s Committee of the district,
specify the administrative divisions with 2 levels (district and province).
For example: UBND
huyện Kiến Thụy, thành phố Hải Phòng (“People’s Committee of Kien Thuy
district, Hai Phong city”).
c) In case the birth
registration is granted within the power of the overseas Vietnamese
representative mission, specify name of the representative mission and the
country where the representative mission is located.
For example: - Đại sứ
quán Việt Nam tại CHLB Đức (“Embassy of Vietnam in the Federal Republic of
Germany”).
- Tổng lãnh sự quán
Việt Nam tại Osaka, Nhật Bản (“Consulate General of Vietnam in Osaka, Japan”).
7. The guidelines for
specifying name of the birth registry according to Clause 6 of this Article
shall be also applied to specify name of the registry of other vital events
according to the Law on Civil Status and Decree No. 123/2015/ND-CP. The name
shall be specified consistently in the civil status register and document.
8. The “Phần ghi chú
những thay đổi sau này” (“Notes of later changes”) section at the back of the
birth certificate shall be used to specify civil status changes, correction and
supplementation and ethnic group re-determination and specify the changed civil
status information according to the judgment or decision of competent
authorities. Upon taking notes, it is required to clearly specify date of
taking notes and changed civil status information. Name and number of
documents, name of issuing authority and issuance date shall serve as the basis
for taking notes.
Article 22.
Guidelines for recording information in marriage certificates and marriage
registers
1. Full name of wife
and husband must be written in capital letters and accented.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Regarding the marriage
re-registration or marriage registration, if the date of previous marriage
registration or establishment of cohabitation fails to be determined, the first
day of the month and year of marriage registration or establishment of
cohabitation shall be specified. In case the date and month fail to be
specified, specify January 01 of the year in which the previous marriage
registration was granted or the cohabitation was established.
3. The “Phần ghi chú
những thay đổi sau này” (“Notes of later changes”) section at the back of the
marriage certificate shall be used to specify civil status changes, correction
and supplementation and ethnic group re-determination and specify the changed
civil status information according to the judgment or decision of competent
authorities. Upon taking notes, it is required to clearly specify date of
taking notes and changed civil status information. Name and number of
documents, name of issuing authority and issuance date shall serve as the basis
for taking notes.
The date on which the
marriage relationship is recognized in the case of marriage re-registration or
marriage registration specified in Clause 2 Article 44 of the Decree No.
123/2015/ND-CP or marriage re-registration specified in Article 13 of the Law
on Marriage and Family shall be specified in the “Phần ghi chú những thay đổi
sau này” (“Notes of later changes”) section at the back of the marriage
certificate.
Article 23.
Guidelines for recording information in extracts of death certificate and death
registers
1. Full name of the
deceased must be written in capital letters and accented.
2. The “Đã chết vào
lúc” (“Has died at”) section shall be specified according to the death
certificate or a document used as a substitute for the death certificate
specified in Clause 2 Article 4 of the Decree No. 123/2015/ND-CP. Time (hour
and minute) and date (day, month and year) of death shall be written in numbers
and words. In case of failure to exactly determine the time of death, leave the
space blank.
3. The “Nơi chết”
(“Place of death”) section shall clearly specify name of the health facility and
the administrative division where the health facility is located in the case of
death in a health facility.
If a person dies in a
vehicle, dies from accident, dies in a prison, jail or place of execution or in
an authority or the place of death fails to be identified, specify the
administrative division (including 3 levels: commune, district and province)
where such person dies or the body of the deceased is found.
4. The “Nguyên nhân
chết” (“Cause of death”) section shall be specified according to the death
certificate or a document used as a substitute for the death certificate
specified in Clause 2 Article 4 of the Decree No. 123/2015/ND-CP. In case of
failure to identify the cause of death, leave the space blank.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Article 24.
Guidelines for recording information in extract of certificate of civil status
change/correction/supplementation or ethnic group re-determination
1. Name of the extract
shall be clearly specified according to each type of civil status affairs.
For example: - “Trích lục thay đổi hộ tịch” (“Extract of certificate of
civil status change”)
- “Trích lục cải chính
hộ tịch” (“Extract of certificate of civil status correction”)
- “Trích lục bổ sung
hộ tịch” (“Extract of certificate of civil status supplementation”)
- “Trích lục xác định
lại dân tộc” (“Extract of certificate of ethnic group re-determination”)
2. When issuing the
extract of certificate of civil status change/correction/supplementation or
ethnic group re-determination from a type of register, name of such type of
register must be clearly specified.
Article 25.
Guidelines for recording information in marital status certificates and
registers of marital status certificates
1. The “Nơi cư trú”
(“Place of residence”) section shall be specified according to the current
place of residence of the person issued with the marital status certificate.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
3. The “Tình trạng hôn
nhân” (“Martital status”) section shall exactly specify current marital status
of the person. To be specific:
- If the person has
never got married, specify “Chưa đăng ký kết hôn với ai” (“Single”).
- If the person has
his/her marriage registered but has got divorced and has not yet applied for
initial registration of marriage, specify “Có đăng ký kết hôn, nhưng đã ly
hôn theo Bản án/Quyết định ly hôn số... ngày... tháng... năm... của Tòa án nhân
dân...; hiện tại chưa đăng ký kết hôn với ai” (“Has his/her marriage registered
but has got divorced according to the Divorce Judgment/Decision No…. dated
…(date)…(month)...(year) by the People’s Court of…; currently single”).
- If the person has
his/her marriage registered but his/her wife/husband has died, and he/she has
not yet applied for initial registration of marriage, specify “Có đăng ký
kết hôn, nhưng vợ/chồng đã chết (Giấy chứng tử/Trích lục khai tử/Bản án số:...
do... cấp ngày... tháng... năm...); hiện tại chưa đăng ký kết hôn với ai”.”
(“Has his/her marriage registered but his/her wife/husband has died (Death
certificate/Extract of death certificate/Judgment No… issued by…
on…(date)…(month)...(year)); currently single”).
- If the couple
cohabited before January 3, 1987 and has been cohabiting without applying for
marriage registration, specify “Hiện tại đang có vợ/chồng là bà/ông...”.
(“His/her current wife/husband is Mrs./Mr….”).
4. In case a
representative mission issued the marital status certificate to a Vietnamese
citizen during his/her residence in a foreign country, the “Nơi cư trú” (“Place
of residence”) section shall be specified according to the applicant’s current
place of residence; the “Trong thời gian cư trú tại:... từ ngày... tháng... năm...
đến ngày... tháng... năm...” (“During residence at:.. from...
(date)...(month)...(year) to ... (date)...( month)...(year)") section
shall be specified according to the place and time of residence in the foreign
country. His/her marital status shall be determined according to the civil
status register or electronic civil status database under the management of the
representative mission and specifed as prescribed in Clause 3 of this Article.
5. The “Giấy này được
cấp để:” (“This certificate is issued in order to:”) section shall exactly
specify the purpose of using the marital status certificate and not be left
blank.
In case the marital
status certificate is used to apply for marriage registration, it is required
to clearly specify full name, date of birth and personal documents of the
person to whom the applicant will get married and expected place where
procedures for marriage registration are followed.
Article 26.
Correction of errors upon recording of information in civil status registers
and documents
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
In case there is a
page left blank, the civil status official shall cross it.
The notes column of
the civil status register shall specify the corrections and date of correction.
The civil status official shall write in his/her signature and full name.
The civil status
official shall notify the head of the civil registry of the error correction.
The head of the civil registry shall check and append a seal on the
corrections.
The civil status
official shall not erase, correct or modify the information specified in civil
status registers.
2. Upon civil
registration, if any error is made when specifying a civil status document, the
civil status official shall destroy such document and use a new one and shall
not provide applicants with the corrected document.
3. If any error made
by the civil status official or the applicant for civil registration is found
after civil registration, it is required to follow procedures for civil status
correction as prescribed in Clause 2 Article 7 of the Decree No.
123/2015/ND-CP.
Section 3.
GUIDELINES FOR OPENING AND CLOSING CIVIL STATUS REGISTERS AND RETENTION AND
PRESERVATION OF CIVIL STATUS REGISTERS
Article 27. Opening
and closing civil status registers at People’s Committees of communes and
People’s Committees of districts
1. Each type of civil
status register used during a year shall be numbered in a chronological order,
starting from 01.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
2. At the end of the
registration year, each civil status official shall compile a list of the
number of civil status registers used, total number of vital events registered
during the year, number of errors that need correcting as prescribed in Clause
1 Article 26 of this Circular and pages (if any) left blank in each register.
3. After compiling the
list as prescribed in Clause 2 of this Article, the civil status official shall
specify his/her signature and full name in the list and request the head of the
civil registry to specify his/her signature, full name and position and append
a seal.
Article 28.
Retention and preservation of civil status registers at People’s Committees of
communes, People’s Committees of districts and Departments of Justice
1. Civil status
registers shall be permanently retained and preserved to serve demand of the
people and state management.
2. People’s Committees
of communes, People’s Committees of districts and Departments of Justice shall
retain, preserve and use civil status registers as prescribed by law and adopt
measures against flood, fire, humidity and termites.
Presidents of People’s
Committees of communes and People’s Committees of districts and Directors of
Departments of Justice shall take responsibility for damaging and losing civil
status registers or using them against the law.
Article 29.
Opening, closing and retaining civil status registers at representative
missions
1. Representative
missions shall open and close civil status registers, retain and preserve civil
status registers as prescribed in Articles 27 and 28 of this Article.
2. After a civil
status register is closed, the representative mission shall authenticate 01
copy of each type of civil status register to send it to the Consular
Department - Ministry of Foreign Affairs.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
IMPLEMENTATION CLAUSE
Article 30.
Transition clauses
Any application for
civil registration that had been received before January 01, 2016 by a civil
registry but has not been processed shall continue to be processed as
prescribed by the law that takes effect at the time of receiving the
application and the corresponding civil status forms promulgated together with
the following legislative documents may be used:
a) Circular No.
08.a/2010/TT-BTP dated March 25, 2010 of the Ministry of Justice;
b) Circular No.
16.a/2010/TT-BTP dated October 08, 2010 of the Ministry of Justice;
c) Circular No.
05/2012/TT-BTP dated May 23, 2012 of the Ministry of Justice;
d) Circular No.
09b/2013/TT-BTP dated May 20, 2013 of the Ministry of Justice;
dd) Circular No.
02a/2015/TT-BTP dated February 23, 2015 of the Ministry of Justice.
Article 31. Effect
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
2. The following
legislative document is repealed:
a) Circular No.
07/2001/TT-BTP dated December 10, 2001;
b) Circular No.
01/2008/TT-BTP dated June 02, 2008 of the Ministry of Justice;
c) Circular No.
08.a/2010/TT-BTP dated March 25, 2010 of the Ministry of Justice;
d) Circular No.
16.a/2010/TT-BTP dated October 08, 2010 of the Ministry of Justice;
dd) Circular No.
05/2012/TT-BTP dated May 23, 2012 of the Ministry of Justice;
e) Circular No.
09b/2013/TT-BTP dated May 20, 2013 of the Ministry of Justice;
g) Circular No.
02a/2015/TT-BTP dated February 23, 2015 of the Ministry of Justice.
3. Difficulties that
arise during the implementation of this Circular should be promptly reported to
the Ministry of Justice./.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
PP. THE MINISTER
THE DEPUTY MINISTER
Nguyen Khanh Ngoc