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MINISTRY OF JUSTICE
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.15/2015/TT-BTP
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Hanoi, November 16, 2015
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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
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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.
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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
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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.
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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:
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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.
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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”).
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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:
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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.
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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
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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
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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.
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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
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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;
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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;
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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.
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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.
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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).
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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.
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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.
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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.
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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
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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.
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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.
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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
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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./.
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PP. THE MINISTER
THE DEPUTY MINISTER
Nguyen Khanh Ngoc