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THE NATIONAL
ASSEMBLY
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No. 60/2014/QH13
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Hanoi, November
20, 2014
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LAW
ON CIVIL STATUS
Pursuant to the Constitution
of the Socialist Republic of Vietnam;
The National Assembly
promulgates the Law on Civil Status.
Chapter I
GENERAL PROVISIONS
Article 1.
Scope of regulation
1. This Law prescribes civil
status; rights, obligations, principles, competence and procedures for civil
status registration; civil status database and state management of civil
status.
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Article 2.
Civil status and civil status registration
1. Civil status means events
prescribed in Article 3 of this Law, which determine the personal history of an
individual from birth to death.
2. Civil status registration
means a competent state agency certifying or recording in the civil status book
civil status events of an individual, creating a legal basis for the State to
protect lawful rights and interests of the individual and manage the
population.
Article 3.
Contents of civil status registration
1. Certifying in the civil
status book the following civil status events:
a/ Birth;
b/ Marriage;
c/ Guardianship;
d/ Parent and child
recognition;
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e/ Death.
2. Recording in the civil
status book civil status changes of an individual according to a judgment or
decision of a competent state agency:
a/ Citizenship change;
b/ Parent and child
determination;
c/ Gender re-assignment;
d/ Adoption and adoption termination;
dd/ Divorce, cancellation of
illegal marriage, recognition of marriage;
e/ Recognition of guardianship;
g/ Declaration or cancellation
of declaration of a person to be missing, dead or have civil act capacity lost
or restricted.
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4. Certifying or recording in
the civil status book other civil status matters in accordance with law.
Article 4.
Interpretation of terms
In this Law, the terms below
shall be construed as follows:
1. Civil status registration
agency is the People's Committee of a commune, ward or township (below referred
to as commune-level People's Committee), the People's Committee of a rural
district, urban district, town or provincial city or an equivalent
administrative unit (below referred to as district- level People's Committee)
or an overseas Vietnamese diplomatic mission or consular office (below referred
to as representative mission).
2. Civil status database means
a collection of civil status information of individuals already registered and
stored in the civil status book and electronic civil status database.
3. Civil status book means a
paper book made and kept at the civil status registration agency to certify or
record civil status events specified in Article 3 of this Law.
4. Electronic civil status
database means a sectoral database created on the basis of computerization of
civil status registration work.
5. Civil status
database-managing agency means the civil status registration agency, the
Ministry of Justice, the Ministry of Foreign Affairs or another agency as
assigned in accordance with law.
6. Birth certificate means a
document granted by a competent state agency to an individual upon birth
registration; a birth certificate contains basic personal information specified
in Clause 1, Article 14 of this Law.
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8. Native place of an
individual shall be determined based on the native place of his/her father or
mother as agreed upon by the father and mother or according to practices and
written in the birth declaration form submitted upon birth registration.
9. Civil status extract means a
document issued by a competent state agency proving a civil status event of an
individual already registered at a civil status registration agency. The
original civil status extract shall be issued immediately after a civil status
event is registered. Copies of a civil status extract include copies of civil
status extracts issued from the civil status database and certified copies of
original civil status extracts.
10. Civil status change means a
competent state agency registering changes in civil status information of an
individual when there is a plausible reason in accordance with the civil law or
changes in information about parents in the registered birth declaration
contents in accordance with law.
11. Ethnicity re-determination
means a competent state agency registering the ethnicity re-determination for
an individual in accordance with the Civil Code.
12. Civil status correction
means a competent state agency correcting civil status information of an individual
when there is an error in the civil status registration.
13. Civil status
supplementation means a competent state agency updating missing civil status
information for a registered individual.
Article 5.
Principles of civil status registration
1. Respect for and guarantee of
personal rights of individuals.
2. All civil status events of
an individual shall be registered in a full, prompt, truthful, objective and
accurate manner; for cases ineligible for civil status registration as
prescribed by law, heads of civil status registration agencies shall issue
written refusal replies clearly stating the reason.
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4. Every civil status event
shall be registered at only one competent civil status registration agency in
accordance with this Law.
An individual may make civil
status registration at the civil status registration agency in his/her
registered place of permanent or temporary residence or the place where he/she
is living. For an individual who does not register in his/her place of
permanent residence, the district-level People's Committee, commune-level
People's Committee or representative mission which has registered such
individual’s civil status shall notify the civil status registration to the
commune-level People's Committee of the place where he/she permanently resides.
5. Once having been registered
in the civil status book, every civil status event shall be fully and promptly
updated in the electronic civil status database.
6. Contents of birth, marriage,
divorce, death, civil status change, correction or supplementation, gender
re-assignment and ethnicity re- determination of an individual in the civil
status database are input information of the national population database.
7. Publicity and transparency
shall be ensured in civil status registration procedures.
Article 6.
Civil status registration right and obligation of
individuals
1. Vietnamese citizens and
stateless persons permanently residing in Vietnam have the civil status
registration right and obligation.
This provision also applies to
foreign citizens permanently residing in Vietnam, unless otherwise provided by
a treaty to which Vietnam is a contracting party.
2. In case of marriage or
parent or child recognition, the parties shall directly register it at the
civil status registration agency.
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3. Minors and adults who have
lost their civil act capacity may request civil status registration or issue of
civil status extract copies through their at-law representatives.
Article 7.
Competence to register civil status
1. Commune-level People's
Committees shall make civil status registration in the following cases:
a/ Registering civil status
events specified at Points a, b, c, d and e, Clause 1, Article 3 of this Law
for Vietnamese citizens residing in the country;
b/ Registering civil status
change and correction for persons under 14 full years; addition of civil status
information for Vietnamese citizens residing in the country;
c/ Carrying out civil status
matters specified in Clauses 2 and 4, Article 3 of this Law;
d/ Registering birth for
children born in Vietnam with a parent being a Vietnamese citizen permanently
in a border area and the other parent being a citizen of the bordering country
permanently residing in the area bordering on Vietnam; marriage, recognition of
parent or child between Vietnamese citizens permanently residing in border
areas and citizens of bordering countries permanently residing in areas
bordering on Vietnam; and death for foreigners permanently and stably residing
in border areas of Vietnam.
2. District-level People's
Committees shall make civil status registration in the following cases, except
the cases specified at Point d, Clause 1 of this Article:
a/ Registering civil status
events specified in Clause 1, Article 3 of this Law involving foreign elements;
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c/ Carrying out civil status
matters specified in Clause 3, Article 3 of this Law.
3. Representative missions
shall register civil status matters specified in Article 3 of this Law for
Vietnamese citizens residing abroad.
4. The Government shall
stipulate birth, marriage, parent and child recognition and death registration
procedures prescribed at Point d, Clause 1 of this Article.
Article 8.
Assurance of the exercise and performance of the
civil status registration right and obligation
1. The State shall adopt
comprehensive policies and measures and create conditions for individuals to
exercise and perform the civil status registration right and obligation.
2. The State shall ensure
budget, physical foundations, human resources and investment in information
technology development for civil status registration and management activities.
Article 9.
Methods of making and receiving civil status
registration requests
1. When requesting civil status
registration or issue of civil status extract copies, individuals shall submit
dossiers directly to the civil status registration agency or send them by post
or via the online civil status registration system.
2. When carrying out procedures
for civil status registration or issue of civil status extract copies from the
civil status database, individuals shall produce papers proving their identity
to the civil status registration agency. If sending dossiers by post, they
shall send certified copies of these papers.
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In case requesters submit
dossiers to an improper civil status registration agency, dossier recipients
shall guide them to submit dossiers to competent agencies.
Article
10. Consular legalization of foreign
papers
Papers granted, notarized or
certified by competent foreign agencies for civil status registration in
Vietnam shall be consularly legalized in accordance with law, unless they are
exempted under a treaty to which Vietnam is a contracting party.
Article
11. Civil status fees
1. Civil status fees shall be
exempted in the following cases:
a/ Civil status registration
for members of families that have rendered meritorious services to the
revolution; members of poor households; persons with disabilities;
b/ Birth and death registration
on time, guardianship and marriage of Vietnamese citizens residing in the
country.
2. Individuals who request
registration of civil status events other than those prescribed in Clause 1 of
this Article or issue of civil status extract copies shall pay a fee.
The Ministry of Finance shall
stipulate in detail the competence to collect, fee rates and the management and
use of civil status fees.
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1. Individuals are prohibited
from committing the following acts:
a/ Providing untruthful
information and documents, forging or using forged papers or papers of other
persons for civil status registration;
b/ Threatening, coercing or
hindering the exercise and performance of the civil status registration right
and obligation;
c/ Illegally intervening in
civil status registration activities;
d/ Making false undertakings or
witness statements for civil status registration;
dd/ Forging, modifying and
falsifying contents of civil status papers or information in the civil status
database;
e/ Giving bribes and promising
material or spiritual benefits in order to obtain civil status registration;
g/ Abusing the civil status
registration or shirking the civil status registration obligation for
self-seeking purpose, enjoying the State’s preferential policy or earning
illicit profits in whatever forms;
h/ Persons competent to decide
on civil status registration making civil status registration for themselves or
their relatives under the Law on Marriage and Family;
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2. Civil status papers that are
granted in cases of civil status registration in violation of Points a, d, dd,
g and h, Clause 1 of this Article are all invalid and subject to revocation and
cancellation.
3. Individuals who commit any
act specified in Clause 1 of this Article shall, depending on the nature and
seriousness of their acts, be administratively handled or examined for penal
liability in accordance with law.
Cadres or civil servants who
commit the provisions of Clause 1 of this Article shall, in addition to being
handled as above, be disciplined in accordance with the law on cadres and civil
servants.
Chapter
II
CIVIL STATUS
REGISTRATION AT COMMUNE-LEVEL PEOPLE'S COMMITTEES
Section 1.
BIRTH REGISTRATION
Article
13. Competence to make birth registration
Commune-level People's
Committees of the places of residence of fathers or mothers shall make birth
registration.
Article
14. Birth registration contents
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a/ Information of the person
whose birth is registered: family name, middle name and first name; gender;
birthdate; birthplace; native place; ethnicity; and citizenship;
b/ Information of the parents
of the person whose birth is registered: full name, middle name and first name;
year of birth; ethnicity; citizenship; and place of residence;
c/ The personal identification
number of the person whose birth is registered.
2. The determination of
citizenship, ethnicity and family name of a person whose birth is registered
must comply with the law on Vietnamese nationality and civil law.
3. Contents of birth
registration specified in Clause 1 of this Article are basic civil status
information of individuals and shall be recorded in the civil status books and
birth certificates and updated in the electronic civil status database and
national population database. Dossiers and papers of individuals related to
birth registration information must be consistent with their birth registration
contents.
The Government shall stipulate
the grant of personal identification numbers to persons whose birth is
registered.
Article
15. Birth registration responsibility
1. Within 60 days after the
birth of their child, the father or mother shall register the child’s birth; if
the parents are unable to register their child’s birth, the grandfather or
grandmother or another relative or the individual or organization that is
nurturing the child shall register his/her birth.
2. Justice and civil status
officers shall regularly examine and urge the birth registration for children
in their localities within the prescribed time limit; in case of necessity,
mobile birth registration may be made.
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1. Birth registrants shall
submit declarations made according to a set form and birth certification papers
to the civil status registration agency. If having no birth certification
paper, a document of a witness certifying the birth shall be submitted; if
there is no witness, there must be a written pledge of the birth; for birth
registration for abandoned children, there must be a written record certifying
the child’s abandonment made by a competent agency; for birth registration for
children born by surrogate mothers, there must be a document proving the
surrogacy as prescribed by law.
2. Immediately after receiving
full papers specified in Clause 1 of this Article, if seeing that the birth
declaration is complete and proper, justice and civil status officers shall
record birth registration contents under Clause 1, Article 14 of this Law in
the civil status books and update them in the electronic civil status database
and the national population database for getting personal identification
numbers.
Justice and civil status
officers and birth registrants shall together sign in the civil status books.
Chairpersons of commune-level People's Committees shall grant birth
certificates to birth registrants.
3. The Government shall
stipulate in detail the birth registration for abandoned children and children
whose parents have not yet been identified due to surrogacy; and the
determination of native places for abandoned children and children with
unidentified parents.
Section 2.
MARRIAGE REGISTRATION
Article
17. Competence to register marriage and
contents of marriage certificates
1. Commune-level People's
Committees of the place of residence of either of the male and female partners
shall make marriage registration.
2. A marriage certificate must
contain the following information:
a/ Family name, middle name and
first name; birthdate; ethnicity; citizenship; place of residence; information
about personal identity papers of male and female partners;
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c/ Signatures or fingerprints
of male and female partners and certification of the civil status registration
agency.
Article
18. Marriage registration procedures
1. The male and female partners
shall submit the marriage registration declaration, made according to a set
form to the civil status registration agency and must be both present at the
time of marriage registration.
2. Immediately after receiving
complete papers specified in Clause 1 of this Article, if seeing that the
marriage conditions are fully met in accordance with the Law on Marriage and
Family, the justice and civil status officer shall record the marriage in the
civil status book and together with the male and female partners sign in the
civil status book. The male and female partners shall both sign the marriage
certificate; the justice and civil status officer shall report to the chairperson
of the commune-level People's Committee to organize the handover of the
marriage certificate to the couple.
In case of necessity to verify
the marriage conditions of the male and female partners, the time limit for
settlement is 5 working days.
Section 3.
GUARDINASHIP REGISTRATION
Article
19. Competence to register guardianship
and guardianship termination
Commune-level People's
Committees of places of residence of wards or guardians shall register
guardianship.
Commune-level People's
Committees that have registered guardianship shall register guardianship
termination.
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1. Requesters for guardianship
registration shall submit guardianship registration declarations, made
according to a set form, and the guardian appointment document as prescribed by
the Civil Code to the civil status registration agency.
2. Within 3 working days after
receiving complete papers specified in Clause 1 of this Article, if seeing that
the law-prescribed conditions are fully met, the justice and civil status
officer shall record the guardianship registration in the civil status book and
together with the guardianship registrant sign in the civil status book, and
report to the chairperson of the commune-level People's Committee to issue an
extract to the requester.
Article
21. Registration of natural guardians
1. Requesters for guardianship
registration shall submit guardianship registration declarations, made
according to a set form, and papers proving the natural guardian conditions as
prescribed by the Civil Code to the civil status registration agency. In case
there are more than one person eligible to act as natural guardian, a document
on the agreement to appoint one person as natural guardian shall be additional
submitted.
2. The order of registration of
natural guardians must comply with Clause 2, Article 20 of this Law.
Article
22. Registration of guardianship
termination
1. Requesters for guardianship
termination registration shall submit guardianship termination registration
declarations, made according to a set form, and papers serving as the basis for
guardianship termination as prescribed by the Civil Code to the civil status
registration agency.
2. Within 2 working days after
receiving complete papers specified in Clause 1 of this Article, if seeing that
the conditions for guardianship termination are fully met in accordance with
the Civil Code, the justice and civil status officer shall record the
guardianship termination in the civil status book and together with the
guardianship termination registrant sign in the civil status book, and report
to the chairperson of the commune-level People's Committee to issue an extract
to the requester.
Article
23. Registration of guardian change
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Section 4.
REGISTRATION OF PARENT AND CHILD RECOGNITION
Article
24. Competence to register parent and
child recognition
Commune-level People's
Committees of places of residence of recognizing or recognized parents or
children shall register parent and child recognition.
Article
25. Procedures for registration of parent
and child recognition
1. Requesters for registration
of parent and child recognition shall submit declarations, made according to a
set form, and evidence proving father and child or mother and child
relationship to the civil status registration agency. All parties must be
present upon registration of parent and child recognition.
2. Within 3 working days after
receiving complete papers specified in Clause 1 of this Article, if seeing that
the parent and child recognition is proper and there is no dispute, the justice
and civil status officer shall record the registration of parent and child
recognition in the civil status book and together with the parent and child
recognition registrant sign in the civil status book, and report to the
chairperson of the commune-level People's Committee to issue an extract to the
requester.
In case of necessity to verify,
the time limit may be prolonged for no more than 5 working days.
Section 5.
REGISTRATION OF CIVIL STATUS CHANGE, CORRECTION AND SUPPLEMENTATION
Article
26. Scope of civil status change
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2. Change of information about
parents in birth registration contents after being adopted as children in
accordance with the Law on Adoption.
Article
27. Competence to register civil status
change, correction and supplementation
Commune-level People's
Committees of previous places of civil status registration or places of
residence of individuals are competent to settle civil status change and
correction for persons under 14 full years; and civil status supplementation
for Vietnamese citizens residing in the country.
Article
28. Procedures for registration of civil
status change and correction
1. Requesters for registration
of civil status change or correction shall submit declarations, made according
to a set form, and relevant papers to the civil status registration agency.
2. Within 3 working days after
receiving complete papers specified in Clause 1 of this Article, if seeing that
the civil status change or correction is proper and compliant with civil and
relevant laws, the justice and civil status officer shall record such change or
correction in the civil status book and together with the registration
requester sign in the civil status book, and report to the chairperson of the
commune-level People's Committee to issue an extract to the requester.
In case of civil status change
or correction related to birth certificates or marriage certificates, the
justice and civil status officer shall record the change or correction content
in these certificates.
In case of necessity to verify,
the time limit may be prolonged for no more than 3 working days.
3. In case of registering civil
status change or correction not at previous places of civil status
registration, commune-level People's Committees shall issue written notices
together with civil status extract copies to People's Committees of previous
places of civil status registration for recording in the civil status book.
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Article
29. Procedures for civil status
supplementation
1. Requesters for civil status
supplementation shall submit declarations, made according to a set form, and
relevant papers to the civil status registration agency.
2. Immediately after receiving
complete papers specified in Clause 1 of this Article, if seeing that the civil
status supplementation request is proper, the justice and civil status officer
shall record the supplemented content in the relevant section in the civil
status book and together with the requester sign in the civil status book, and
report to the chairperson of the commune-level People's Committee to issue an
extract to the requester.
In case of civil status
supplementation to birth certificates or marriage certificates, the justice and
civil status officer shall record the supplemented content in the relevant
column and append a seal to the supplemented content.
Section 6.
RECORDING IN THE CIVIL STATUS BOOK CIVIL STATUS CHANGES ACCORDING TO JUDGMENTS
AND DECISIONS OF COMPETENT STATE AGENCIES
Article
30. Responsibility to notify civil status
changes
1. Within 5 working days from
the effective date of a judgment or decision related to civil status change of
an individual as prescribed in Clause 2, Article 3 of this Law, the people’s
court or competent state agency shall issue a written notice enclosed with an
extract of such judgment or decision to the People's Committee that has
registered the civil status of such individual for recording in the civil
status book; if the place of civil status registration is a representative
mission, it shall send such notice to the Ministry of Foreign Affairs for
forwarding to the representative mission for recording in the civil status
book.
2. In case of citizenship
change, notification shall be made in accordance with the law on citizenship.
Article
31. Procedures for recording in the civil
status book civil status changes according to judgments and decisions of
competent state agencies
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Section 7.
DEATH REGISTRATION
Article
32. Competence to register death
Commune-level People's
Committees of the last places of residence of deceased persons shall register
their death. If the last place of residence of the deceased person cannot be
identified, the commune-level People's Committee of the place where such person
dies or his/her body is found shall register his/her death.
Article
33. Time limit and responsibility for
death registration
1. Within 15 days after the
date a person dies, his/her spouse, child, parent or another relative shall
register his/her death; for a deceased person without any relative, a
representative of a related agency, organization or person shall register
his/her death.
2. Justice and civil status
officers shall regularly examine and urge death declaration for deceased
persons; in case no responsible person can be identified for death declaration,
justice and civil status officers shall register death.
Article
34. Death registration procedures
1. Persons responsible for
death registration shall submit declarations, made according to a set form, and
death notices or other substitute papers to the civil status registration
agency.
2. Immediately after receiving
papers specified in Clause 1 of this Article, if seeing that the death
declaration is proper, the justice and civil status officer shall record the
death declaration contents in the civil status book and together with the death
declarant sign in the civil status book and report to the chairperson of the
commune-level People's Committee to issue an extract to the death declarant.
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Chapter
III
CIVIL STATUS
REGISTRATION AT DISTRICT-LEVEL PEOPLE'S COMMITTEES
Section 1.
BIRTH REGISTRATION
Article
35. Competence to register birth
District-level People's
Committees of places of residence of fathers or mothers shall register birth
for children in the following cases:
1. Children born in Vietnam:
a/ Having a parent being a
Vietnamese citizen and the other being a foreigner or a stateless person;
b/ Having a parent being a
Vietnamese citizen residing in the country and the other being a Vietnamese
citizen residing abroad;
c/ Having both parents being
Vietnamese citizens residing abroad;
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2. Children born abroad with
their birth not yet registered abroad and taken to reside in Vietnam:
a/ Having both parents being
Vietnamese citizens;
b/ Having a parent being a
Vietnamese citizen.
Article
36. Birth registration procedures
1. Birth registrants shall
submit the papers specified in Clause 1, Article 16 of this Law to the civil
status registration agency. In case either parent is or both parents are
foreigner(s), a document on the agreement of the parents on the selection of
citizenship for their child.
If the parents choose a foreign
citizenship for their child, their agreement document must contain
certification of a competent foreign state agency of which they are citizens.
2. Immediately after receiving
the papers specified in Clause 1 of this Article, if seeing that the birth
declaration information is complete and proper, the civil status officer shall
record the birth declaration contents prescribed in Article 14 of this Law in
the civil status book; for a child having a foreign citizenship, the civil
status officer shall not record the content prescribed at Point c, Clause 1,
Article 14 of this Law.
The civil status officer and
birth registrant shall both sign in the civil status book. The district-level
Justice Division shall report to the chairperson of the district-level People's
Committee to grant a birth certificate to the person whose birth is registered.
3. The Government shall
stipulate birth registration procedures for the cases prescribed in Clause 2,
Article 35 of this Law.
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Article
37. Competence to register marriage
1. District-level People's
Committees of places of residence of Vietnamese citizens shall register
marriages between Vietnamese citizens and foreigners; between Vietnamese
citizens residing in the country and Vietnamese citizens residing abroad;
between Vietnamese citizens residing abroad; and between Vietnamese citizens
who also have foreign citizenship and Vietnamese citizens or foreigners.
2. In case a foreigner residing
in Vietnam requests marriage registration in Vietnam, the district-level
People's Committee of the place of residence of either partner shall register
the marriage.
Article
38. Marriage registration procedures
1. The male and female partners
submit a declaration, made according to a set form, and a written certification
of a competent Vietnamese or foreign health organization stating that he/she
does not suffer any mental or other diseases which deprive him/her of the
ability to perceive and control his/her acts to the civil status registration
agency.
Foreigners and Vietnamese
citizens residing abroad shall additionally submit papers proving their marital
status and copies of their passports or valid passport substitute papers.
2. Within 15 days after
receiving complete papers specified in Clause 1 of this Article, civil status
officers shall verify; if seeing that the law-prescribed marriage conditions
are fully met, the district-level Justice Division shall report to the
chairperson of the district-level People's Committee for settlement.
3. Upon marriage registration,
both male and female partners must be present at the head office of the
People's Committee, the civil status officer shall ask for opinions of the male
and female partners. If seeing that they voluntarily marry each other, the
civil status officer shall record the marriage in the civil status book and
together with the male and female partners sign in the civil status book. The
male and female partners shall both sign in the marriage certificate.
The chairperson of the
district-level People's Committee shall hand the marriage certificate to the
couple.
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Section 3.
GUARDIANSHIP REGISTRATION
Article
39. Competence to register guardianship
and guardianship termination
District-level People's
Committees of places of residence of wards or guardians shall register
guardianship between Vietnamese citizens and foreigners together residing in
Vietnam.
District-level People's
Committees of places of guardianship registration shall register guardianship
termination.
Article
40. Procedures for registration of
appointed guardians
1. Requesters for guardianship
registration shall submit declarations, made according to a set form, and the
guardian appointment document as prescribed in the Civil Code to the civil
status registration agency.
2. Within 5 working days after
receiving complete papers specified in Clause 1 of this Article, the civil
status officer shall verify and, if seeing that the law-prescribed conditions
are fully met, shall record the guardianship registration in the civil status
book and together with the guardianship registrant sign in the civil status
book. The district-level Justice Division shall report to the chairperson of
the district-level People's Committee to issue an extract to the requester.
Article
41. Registration of natural guardianship
The procedures for registration
of natural guardianship between Vietnamese citizens and foreigners together
residing in Vietnam must comply with Article 21 of this Law.
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The procedures for guardianship
termination or change registration between Vietnamese citizens and foreigners
must comply with Articles 22 and 23 of this Law.
Section 4.
REGISTRATION OF PARENT AND CHILD RECOGNITION
Article
43. Competence to register parent and
child recognition
District-level People's
Committees of places of residence of persons recognized as parents or children
shall register the parent and child recognition between Vietnamese citizens and
foreigners; between Vietnamese citizens residing in the country and Vietnamese
citizens residing abroad; between Vietnamese citizens residing abroad; between
Vietnamese citizens also having a foreign citizenship and Vietnamese citizens
or foreigners; and between foreigners either or both of whom permanently
residing in Vietnam.
Article
44. Procedures for registration of parent
and child recognition
1. Requesters for parent and
child recognition registration shall submit declarations, made according to a
set form, and papers and items or other evidence to prove the parent and child
relationship to the civil status registration agency. In case of registering
the parent and child recognition between Vietnamese citizens and foreigners or
between foreigners, foreigners shall additionally submit copies of their
passports or valid passport substitute papers to prove their personal identity.
2. Within 15 days after
receiving complete papers specified in Clause 1 of this Article, the civil
status officer shall verify and post the parent and child recognition at the
head office of the district-level People's Committee for 7 consecutive days,
and at the same time send a written request to the commune- level People's
Committee of the place of permanent residence of the person recognized as
parent or child to post for 7 consecutive days at its head office.
3. The district-level Justice
Division shall report to and propose the chairperson of the district-level
People's Committee the registration of parent and child recognition; if seeing
that the prescribed conditions are fully met, the chairperson of the
district-level People's Committee shall settle.
4. Upon registration of the
parent and child recognition, the parties concerned must be present; the civil
status officer shall record the registration in the civil status book and
together with the parties sign in the civil status book. The chairperson of the
district-level People's Committee shall issue an extract to the parties.
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Article
45. Scope of civil status change
The scope of civil status
change must comply Article 26 of this Law.
Article
46. Competence to register civil status
change, correction and supplementation and ethnicity re-determination
1. District-level People's
Committees of previous places of civil status registration or places of
residence of foreigners are competent to settle civil status correction and
supplementation for foreigners who have registered civil status at competent
Vietnamese agencies.
2. District-level People's
Committees of previous places of civil status registration of overseas
Vietnamese are competent to settle civil status change, correction and
supplementation and ethnicity re-determination.
3. District-level People’s
Committees of previous places of civil status registration or places of
residence of individuals are competent to settle civil status change and
correction for Vietnamese citizens of full 14 years or older residing in the
country, and ethnicity re-determination.
Article
47. Procedures for registering civil
status change, correction and supplementation and ethnicity re-determination
1. The procedures for
registering civil status change and correction must comply with Article 28 of
this Law.
In case of request for
ethnicity re-determination, there must be proving papers as prescribed by law;
the order must comply with Article 28 of this Law.
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Section 6.
RECORDING IN THE CIVIL STATUS BOOK CIVIL STATUS MATTERS OF VIETNAMESE CITIZENS
WHICH HAVE BEEN SETTLED AT COMPETENT FOREIGN AGENCIES
Article
48. Competence to record in the civil
status book civil status matters of Vietnamese citizens that have been settled
at competent foreign agencies
1. District-level People’s
Committees of places of residence of Vietnamese citizens shall record in the
civil status book the birth registration; marriage; guardianship; parent and
child recognition; parent and child identification; adoption; and civil status
change already settled at competent foreign agencies.
2. District-level People’s
Committees of previous places of marriage registration or marriage registration
noting shall record in the civil status book the divorce and marriage
cancellation of individuals already effected abroad.
3. District-level People’s
Committees of places of residence of persons responsible for death declaration
prescribed in Clause 1, Article 33 of this Law shall record in the civil status
book the death declaration already settled at competent foreign agencies.
Article
49. Procedures for recording in the civil
status book the birth registration; guardianship; parent and child recognition;
parent and child identification; adoption; civil status change; and death
declaration
1. Requesters for recording in
the civil status book the birth declaration; guardianship; parent and child
recognition; parent and child identification; adoption; civil status change; or
death declaration shall submit declarations, made according to set forms, and
certified copies of papers proving that such matter has been settled at a
foreign competent agency to the civil status registration agency.
2. After receiving complete
papers as specified in Clause 1 of this Article, the civil status officer shall
check them and, if seeing that the request is proper, record the matter in the
civil status book. The district-level Justice Division shall report to the
chairperson of the district-level People’s Committee to issue an extract to the
requester.
In case of necessity to verify,
the time limit for settlement is 3 working days.
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1. Requesters for recording in
the civil status book the marriage, divorce or marriage cancellation shall
submit declarations, made according to set forms, and certified copies of
papers proving that such matter has been settled at a foreign competent agency
to the civil status registration agency.
2. Within 12 days after
receiving complete and valid dossiers as prescribed in Clause 1 of this Article
and if seeing that the law-prescribed conditions are fully met, the civil status
officer shall record the matter in the civil status book. The district-level
Justice Division shall report to the chairperson of the district-level People’s
Committee to issue an extract to the requester.
3. The Government shall
stipulate in detail the order, procedures and time for coordination among
agencies in implementing this Article.
Section 7.
DEATH REGISTRATION
Article
51. Competence to register death
1. District-level People’s
Committees of last places of residence of deceased persons shall register death
for foreigners or Vietnamese citizens residing abroad who die in Vietnam.
2. In case it is impossible to
identify the last place of residence of a deceased person as prescribed in
Clause 1 of this Article, the district-level People’s Committee of the place
where such person dies or his/her body is found shall register his/her death.
Article
52. Death registration procedures
1. Death registrants shall
submit declarations, made according to a set form, and the death notice or a
death notice substitute paper to the civil status registration agency.
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In case of necessity to verify,
the settlement time limit is 3 working days.
3. After death registration,
the district-level People’s Committee shall issued a written notice enclosed
with the civil status extract to the Ministry of Foreign Affairs for
notification to the competent agency of the country of which the deceased
person is a citizen.
If the deceased person is a
Vietnamese citizen residing abroad, the civil status officer shall close
his/her information in the electronic civil status database.
Chapter
IV
CIVIL STATUS
REGISTRATION AT REPRESENTATIVE MISSIONS
Article
53. Civil status registration for
Vietnamese citizens residing abroad
1. Representative missions
shall register civil status matters prescribed in Article 3 of this Law for
Vietnamese citizens residing abroad, if seeing that such registration is not
against the law of the host country and treaties to which Vietnam is a
contracting party.
2. Pursuant to this Law, the
Ministry of Foreign Affairs shall coordinate with the Ministry of Justice in
providing guidance on the competence and procedures for civil status
registration and the grant of civil status extract copies to Vietnamese
citizens residing abroad at representative missions.
Article
54. Civil status officers at
representative missions
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2. Diplomats and consuls
performing civil status jobs shall, in addition to satisfying the conditions
and criteria for diplomats and consuls, be trained in civil status work before
performing civil status registration tasks.
Article
55. Making of civil status books at the
Ministry of Foreign Affairs
The Ministry of Foreign Affairs
shall make civil status books to record and update fully and manage uniformly
civil status information of Vietnamese citizens residing abroad who have
registered with representative missions and issue civil status extract copies.
Article
56. Reporting responsibility of
representative missions
After registering civil status
for Vietnamese citizens residing abroad, representative missions shall send
written reports enclosed with civil status extract copies to the Ministry of
Foreign Affairs for recording in civil status books and updating in the electronic
civil status database.
Chapter V
CIVIL STATUS DATABASE,
ISSUE OF CIVIL STATUS EXTRACTS
Section 1.
CIVIL STATUS DATABASE
Article
57. Civil status database
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2. The civil status database
includes civil status books and electronic civil status database for use as a
basis for the issue of civil status extract copies.
Article
58. Civil status books
1. The civil status book serves
as a legal basis for making, upgrading and adjusting civil status information
of individuals in the electronic civil status database.
Each type of civil status
matter shall be recorded in one book with its pages appended with an
overlapping seal on the edges of every two pages. Civil status books shall be
preserved permanently in accordance with law.
2. The closing of a civil
status book shall be made in the last day of a year. When closing a civil
status book, the total number of pages and total number of civil status events
already registered shall be clearly written; the head of the civil status
registration agency shall sign and a seal shall be appended.
Papers and articles or other
evidences submitted upon civil status registration shall be archived and
preserved in accordance with the law on archives.
3. The civil status
registration agency shall archive and preserve civil status books, papers,
articles or other evidences related to civil status registration.
Article
59. Electronic civil status database
1. The electronic civil status
database is created to store, update, manage and search civil status
information, and serve online civil status registration requirements; and shall
be connected to provide and exchange basic civil status information of
individuals for the national population database.
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Article
60. Update and adjustment of personal
civil status information in the electronic civil status database
1. Civil status events of
individuals, immediately after being registered in the civil status book, shall
be promptly, fully and accurately updated in the electronic civil status
database. Civil status registration agencies shall take responsibility for all
civil status information updated in the electronic civil status database.
2. In case information in the
electronic civil status database or national population database is different
from information in civil status books, it shall be adjusted to match civil
status books.
Article
61. Principles of management and
exploitation of the civil status database
1. The civil status database
shall be managed and kept confidential and secure and only competent agencies,
organizations and persons may access and exploit it in accordance with law.
2. The civil status
database-managing agency shall keep confidential personal information in the
civil status database.
Section 2.
ISSUE OF CIVIL STATUS EXTRACTS
Article
62. Issue of original civil status
extracts upon civil status registration
1. When making civil status
registration, the civil status registration agency shall grant 1 original civil
status extract to the civil status registration requester, except the
registration of birth and marriage.
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Article
63. Issue of civil status extract copies
on registered civil status events
Individuals, regardless of
their places of residence, have the right to request the civil status
database-managing agency to issue civil status extract copies on their
registered civil status events.
Article
64. Procedures for issue of civil status
extract copies
1. Requesters for issue of
civil status extract copies may directly or through representatives send
declarations, made according to a set form, to the civil status
database-managing agency.
In case a competent agency or
organization requests issue of a civil status extract copy of an individual, it
shall send a written request clearly stating the reason to the civil status database-managing
agency.
2. Immediately after receiving
a request, if seeing that the prescribed conditions are fully met, the civil
status database-managing agency shall issue a civil status extract copy to the
requester.
Chapter
VI
STATE MANAGEMENT RESPONSIBILTIES
FOR CIVIL STATUS, CIVIL STATUS OFFICERS
Section 1.
STATE MANAGEMENT RESPONSIBILTIES FOR CIVIL STATUS
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1. The Government shall perform
the unified state management of civil status. The Ministry of Justice shall
assist the Government in performing the state management of civil status.
2. Contents of state management
of civil status include:
a/ To promulgate or submit to
competent agencies for promulgation legal documents on civil status
registration and management; to organize the implementation of the law on civil
status;
b/ To apply information
technology in civil status registration and management; to build and manage the
electronic civil status database;
c/ To inspect, examine, settle
complaints and denunciations, and handle violations of the law on civil status
registration and management;
d/ To make civil status
statistics;
dd/ To implement international
cooperation on civil status.
Article
66. Responsibilities of the Ministry of
Justice
The Ministry of Justice shall
perform the state management of civil status, having the following tasks and
powers:
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2. To issue, and instruct the
use and management of, civil status books, birth certificates, marriage
certificates, civil status extracts and other civil status forms; to specify
conditions and order for birth and marriage registration and mobile death
registration;
3. To create and uniformly
manage the electronic civil status database; to guide and direct localities in
the management and use of civil status registration and management software,
the electronic civil status database, provision of basic civil status
information of individuals to the national population database;
4. To annually review the
situation, analyze, assess and make statistics on civil status and report to
the Government.
Article
67. Responsibilities of the Ministry of
Foreign Affairs
1. The Ministry of Foreign
Affairs shall coordinate with the Ministry of Justice in performing the state
management of civil status at representative missions, having the following
tasks and powers:
a/ To prescribe, guide, direct,
examine and inspect civil status registration and management at representative
missions;
b/ To organize civil status
training for diplomats and consuls;
c/ To make civil status books
to manage civil status information of
Vietnamese citizens already
registered at representative missions;
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dd/ To summarize the civil
status situation and make civil status statistics of representative missions
and send such to the Ministry of Justice under regulations of the Government.
2. Representative missions
shall perform the state management of civil status of Vietnamese citizens
residing abroad, having the following tasks and powers:
a/ To make civil status
registration for Vietnamese citizens residing abroad in accordance with the
laws on civil status and consular work and relevant treaties;
b/ To assign diplomats and
consuls to perform civil status registration and management tasks at
representative missions;
c/ To manage and use civil status
books and forms under regulations;
d/ To manage, update and
exploit the electronic civil status database and issue civil status extract
copies under regulations;
dd/ To report civil status
registration contents to the Ministry of Foreign
Affairs for updating in the
civil status database;
e/ To summarize the civil
status situation and make civil status statistics for reporting to the Ministry
of Foreign Affairs under regulations;
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h/ To settle complaints and
denunciations and handle violations related to civil status according to
competence.
Diplomats and consuls
performing civil status work shall assist representative missions in performing
the tasks and powers specified at Points a, c, d, dd, e and g, Clause 2 of this
Article.
Article
68. Responsibilities of the Ministry of
Public Security
The Ministry of Public Security
shall assume the prime responsibility for, and coordinate with the Ministry of
Justice, Ministry of Foreign Affairs and related ministries and sectors in,
performing the following tasks and powers:
1. To ensure connection between
the national population database and electronic civil status database in
accordance with law;
2. To ensure security and safety
for information in the electronic civil status database;
3. To perform other tasks
related to civil status work.
Article
69. Responsibilities of People's
Committees of provinces and centrally run cities
1. People's Committees of
provinces and centrally run cities (below referred to as provincial-level
People’s Committees) shall perform the state management of civil status in
localities, having the following tasks and powers:
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b/ To organize public
dissemination of the law on civil status;
c/ Pursuant to the Government’s
regulations, to decide on the assignment of civil status officers at district
and commune levels; to ensure physical foundations to serve civil status
registration and management activities;
d/ To manage, update and
exploit the electronic civil status database under regulations;
dd/ To inspect, examine, settle
complaints and denunciations, and handle violations of the law on civil status
according to competence;
e/ To revoke and cancel civil
status papers granted by district-level People’s Committees in violation of
this Law, except cases of illegal marriage;
g/ To periodically organize
civil status work training for civil status officers;
h/ To summarize the civil
status situation and make civil status statistics for reporting to the Ministry
of Justice under regulations.
2. Provincial Justice
Departments shall assist provincial-level People’s Committees in performing the
tasks and powers specified at Points a, b, d, dd, g and h, Clause 1 of this
Article.
3. Chairpersons of
provincial-level People's Committees shall take responsibility for civil status
registration and management work and violations in this work due to lax
management.
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1. District-level People’s
Committees shall perform the state management of civil status in localities,
having the following tasks and powers:
a/ To perform civil status
registration in accordance with this Law;
b/ To direct and examine the
civil status registration and management at commune-level People’s Committees;
c/ To organize public
dissemination of the law on civil status;
d/ To manage and use civil
status books and forms under regulations;
dd/ Pursuant to
provincial-level People’s Committees’ regulations, to assign civil status
officers;
e/ To manage, update and
exploit the electronic civil status database and issue civil status extract
copies under regulations;
g/ To inspect, examine, settle
complaints and denunciations, and handle violations of the law on civil status
according to competence;
h/ To revoke and cancel civil
status papers granted by commune-level People’s Committees in violation of this
Law, except cases of illegal marriage;
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k/ To archive civil status
books and civil status registration dossiers.
2. District-level Justice
Divisions shall assist district-level People's Committees in performing the
tasks and powers specified at Points a, b, c, d, e, g, i and k, Clause 1 of
this Article.
3. For district-level
administrative units that have no commune-level administrative units shall, in
addition to performing the tasks and powers of civil status registration and
management of district-level People’s Committees, also perform the tasks and
powers of civil status registration and management of commune-level People’s Committees
prescribed in Article 71 of this Law.
4. Chairpersons of
district-level People’s Committees shall take responsibility for civil status
registration and management work and violations in this work due to lax
management.
Article
71. Responsibilities of commune-level
People's Committees
1. Commune-level People's
Committees shall perform the state management of civil status in localities,
having the following tasks and powers:
a/ To perform civil status
registration in accordance with this Law;
b/ Pursuant to superior-level
People’s Committees’ regulations, to assign justice and civil status officers
to perform civil status registration;
c/ To organize public
dissemination of the law on civil status;
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dd/ To manage, update and
exploit the electronic civil status database and issue civil status extract
copies under regulations;
e/ To summarize the civil
status situation and make civil status statistics for reporting to
district-level People’s Committees under the Government’s regulations;
g/ To archive civil status
books and civil status registration dossiers.
h/ To settle complaints and
denunciations and handle violations related to civil status according to
competence.
2. Chairpersons of
commune-level People's Committees shall regularly direct and urge the birth and
death declaration; take responsibility for civil status registration and
management work and violations in this work due to lax management.
Justice and civil status
officers shall assist commune-level People's Committees in performing the tasks
and powers specified at Points a, c, d, dd, e and g, Clause 1 of this Article.
Section 2.
CIVIL STATUS OFFICERS
Article
72. Civil status officers
1. Civil status officers
include justice and civil status officers at commune level; civil status
officers in district-level Justice Divisions of district-level People’s
Committees; and diplomats and consuls performing civil status work in
representative missions.
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a/ Possessing an intermediate
or higher degree in law and having been trained in civil status work;
b/ Possessing a legible
handwriting and computer skills suitable to their job requirements.
Based on practical conditions
of geographical area, population and justice and civil status workload in
localities, the Government shall stipulate the assignment of justice and civil
status officers on a full-time basis.
3. Civil status officers in
district-level Justice Divisions must possess a university or higher degree in
law and have been trained in civil status work.
4. Diplomats and consuls
performing civil status work in representative missions must have been trained
in civil status work.
Article
73. Tasks and powers of civil status
officers
1. In the field of civil
status, commune-level justice and civil status officers have the following
tasks and powers:
a/ To comply with this Law and
other relevant laws concerning civil status;
b/ To take responsibility
before commune-level People’s Committees and law for civil status registration;
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d/ To assist commune-level
People’s Committees in performing civil status registration in a prompt,
accurate, objective and truthful manner; fully update registered civil status
events in the electronic civil status database;
dd/ To take the initiative in
examination and review work to promptly register births and deaths arising in
localities.
For scattered residential areas
with difficult access and far away from the head offices of commune-level
People’s Committees, justice and civil status officers shall report to
commune-level People’s Committees for permission to organize mobile
registration for births, marriages and deaths.
e/ To regularly update
themselves with legal knowledge to raise their civil status registration
capacity and skills; to participate in professional training courses held by
People's Committees or superior-level justice agencies;
g/ To take the initiative in
reporting to and proposing the People's Committees of the same level to
coordinate with agencies and organizations in checking and verifying civil
status information; to request agencies, organizations and individuals to
provide information for civil status registration verification; to coordinate
with public security offices of the same level in providing basic civil status
information of individuals for the national population database.
2. The provisions of Clause 1
of this Article also apply to civil status officers in district-level Justice
Divisions and diplomats and consuls performing civil status work in
representative missions according to their tasks and powers.
Article
74. Prohibited acts of civil status
officers
1. Being authoritarian,
harassing, delaying, causing difficulties and troubles, or receiving bribes
when performing civil status registration and management.
2. Collecting civil status fees
higher than prescribed rates or imposing charges for civil status registration.
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4. Erasing, altering or
tampering with information contents in the civil status database.
5. Registering or granting
papers related to civil status in violation of this Law.
6. Revealing personal
information known through civil status registration.
7. Civil status officers who
commit prohibited acts specified in this Article shall, depending on the nature
and seriousness of their violations, be disciplined or examined for penal
liability in accordance with law.
Chapter VII
IMPLEMENTATION
PROVISIONS
Article 75. Validity of civil status books made and civil status papers
granted before this Law takes effect
1. Civil status books that have
been archived before the effective date of this Law remain valid for use as
grounds for proving civil status events of individuals, reference, issue of
civil status extract copies and grant of marital status certificates.
2. Civil status papers already
granted to individuals in accordance with the civil status law before the
effective date of this Law continue to be valid.
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1. Civil status registration
dossiers received before the effective date of this Law which have not yet been
settled continue to be settled in accordance with the civil status law
effective at the time of receipt thereof.
2. The Government shall
stipulate in detail the re-registration of birth, death and marriage already
registered before the effective date of this Law.
3. The Government shall direct
the review of, retraining in civil status work, and consolidation of the
contingent of civil status officers to ensure performance of the tasks and
powers assigned in the Law; stipulate birth and marriage registration
procedures; the grant of marital status certificates to Vietnamese citizens;
the compilation, management and use of civil status books in the transitional period
pending the complete creation of the national population database, which shall
be uniformly implemented nationwide no later than January 1, 2020, in
accordance with this Law.
Article
77. Effect
1. This Law takes effect on
January 1, 2016.
2. The Government and competent
agencies shall detail the articles and clauses as assigned in the Law.
This Law was passed on
November 20, 2014, by the XIIIth National Assembly of the Socialist
Republic of Vietnam at its 8th session.-
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