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THE GOVERNMENT
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No. 123/2015/ND-CP
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Hanoi, November
15, 2015
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DECREE
ON
GUIDELINES FOR LAW ON CIVIL STATUS
Pursuant to the Law on Government organization
dated December 25, 2001;
Pursuant to the Law on Civil Status dated
November 20, 2014;
Pursuant to the Law on Marriage and Family dated
June 19, 2014;
At the request of the Minister of Justice,
The Government promulgates a Decree on
guidelines for law on civil status.
Chapter I
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Article 1. Scope
This Decree provides guidelines for the Law on
Civil Status in terms of registration of birth, marriage, management and use of
vital records in the stage that database of electronic civil status and
national database of inhabitants has not been commenced nationwide (hereinafter
referred to as transitional stage); birth registration for abandoned children,
children whose parents have not yet been identified, children born from
surrogacy; registration of birth, marriage, recognition of parent-child
relationship, registration of death at border areas; issuance of certificates
of marital status; birth registration for children who were born overseas
without birth registration and reside in Vietnam; marriage registration with
foreign elements at the People’s Committees of districts; document in vital
records marriage, divorce, marriage annulment of Vietnamese citizens that have
been processed at competent authorities overseas, re-registration of birth,
marriage, death; placement of justice and civil status public employees in
charge of full time job and measures for implementing the Law on civil status.
Article 2. Regulations on
presentation/submission of applications for civil status registration, issuance
of copies of civil status documents
1. An applicant for civil status registration or
issuance of copies of civil status documents shall present the original of one
of the following documents: passport, ID card, or another document containing
photo and personal information that has been issued by a competent authority
and remaining valid (hereinafter referred to as identity paper) for the
identity verification purpose.
In the transitional stage, the applicant for civil
status registration shall present documents proving his/her place of residence.
2. An applicant for birth registration shall submit
the original of certificate of live birth or an equivalent document as
prescribed in Clause 1 Article 16 of the Law on civil status; an applicant for
death registration shall submit the original of death notice or an equivalent
document as prescribed in Clause 1 Article 34 of the Law on civil status and
Clause 2 Article 4 hereof; an applicant for marriage registration shall submit
the original of certificate of marital status as prescribed Section 3 Chapter
III hereof.
3. Any document written in foreign language to be
used for civil status registration in Vietnam shall be translated to
Vietnamese; the translation shall be notarized or the translator's signature
shall be certified as prescribed by law.
4. Any document issued or certified by the
competent authority of a neighbor country of Vietnam (hereinafter referred to
as neighbor country) to be used for civil status registration as prescribed in
Point d Clause 1 Article 7 of the Law on civil status shall be exempt from
consular legalization. It shall be translated to Vietnamese with the
translator’s commitment to the correct contents.
5. Any copy in the application for civil status
registration is a copy issued from the master register or certified from the
original as prescribed by law; if an applicant submits a non-certified copy,
he/she must present the original for collation.
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1. An applicant for marriage registration,
recognition of parent-child relationship, or marriage re-registration may
submit a relevant application at the Registry of civil status (hereinafter
referred to as Registry) in person; an applicant for other civil status affairs
may submit a relevant application to the Registry in person, by pose or online.
The application for civil status registration shall
be made in 1 copy.
2. The receiving person shall verify if documents are
appropriate to the application form and they are all valid; in case of
insufficient application, the applicant is required complete the application.
In case of sufficient and satisfactory application, the receiving person shall
make a receipt note specifying an appointment to give processing results.
If the applicant submits copies issued from the
master register or certified from originals, the receiving person may not
require the presentation of the originals; if the applicant submits copies and
present their originals, the receiving person shall collate them and bear
signatures in the copies to certify that these documents have been collated.
If specific documents to be presented are
prescribed by law, the receiving person may not require any other copies of
these documents.
3. If an applicant who submits an application by
post and wishes to receive processing results by post and is not exempt from
fees and charges for giving processing results by post, he/she shall also pay
an amount of civil status registration charge or civil status copy issuance
charge. The receiving person shall specify the method of giving processing
results in the receipt note.
The method of giving processing results by post
shall apply to applications for recording civil status affairs that are
processed by foreign competent authorities, including birth registration;
marriage; guardianship; recognition of parent-child relationship;
identification of parent-child relationship; adoption; civil status change;
death registration; divorce; unlawful marriage annulment; and applications for
issuance of civil status copies as prescribed in Article 63 of the Law on civil
status.
4. If an application for civil status registration
is subject to verification as prescribed in the Law on civil status and this
Decree, the time for submitting the application and receiving processing
results shall not be included in the time limit for processing such
application.
Article 4. Birth registration
and death registration contents
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a) The child’s full name; race shall be determined
subject to agreement of the parents as prescribed in civil law and specified in
the application form for birth registration; if the parents do not or fail to
reach an agreement, common practice shall prevail;
b) The child’s nationality shall be determined as
prescribed in law on nationality;
c) The personal identification number of the person
whose birth is registered shall be issued upon the birth registration.
Procedures for issuance of personal identification numbers shall be consistent
with the Law on identification numbers and the Decree on guidelines for the Law
on identification numbers, in accordance with the Law on civil status and this
Decree;
d) Date of birth shall be determined according to
solar calendar. The child's place of birth, sex shall be determined according
to the certificate of live birth issued by a competent health facility; in case
of absence from a certificate of live birth, the equivalent document shall be
determined as prescribed in Clause 1 Article 16 of the Law on civil status.
If a child was born at a health facility, the
health facility’s name and name of the administrative division of
commune/district/province where the health facility is located shall be
specified in the place of birth. If a child is born outside a health facility,
the name of the administrative division of commune/district/province where the
child was born.
dd) Native place of the person whose birth is
registered shall be determined as prescribed in Clause 8 Article 4 of the Law
on civil status.
2. Essential contents of an application for death registration
as prescribed the Law on civil status: The deceased’s full name, year of birth,
personal identification number (if any); place of death; cause of death; date
and time of death by solar calendar; and nationality (if the deceased is a
foreigner).
Death registration contents shall be determined
according to the death notice or equivalent document issued by the following
competent authority:
a) If a person dies at a health facility, the head
of health facility shall issue a death notice;
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c) If a person is given a declaration of presumed
death by a court, the effective judgment/decision shall replace a death notice;
d) If a person dies in a vehicle, dies from
accident, is killed, dies suddenly or dies with doubt, a document certifying
the death issued by a police authority or findings of forensic examination
agency shall replace a death notice;
dd) If a person dies from another cause other than
those prescribed in Points a, b, c, and d of this Clause, the People’s
Committee of commune where he/she dies shall issue a death notice.
Article 5. Issuance of
certificate of live birth, death notice and provision of birth and death
statistics
1. A health facility, upon issuance of a
certificate of live birth or a death notice and a competent authority, upon
issuance of a document equivalent to death certificate prescribed in Clause 2
Article 4 of this Decree shall give a notice of birth and death statistics to
the competent Registry as prescribed in the Law on civil status for prompt,
sufficient, and accurate statistics as prescribed by law.
2. The Ministry of Health shall provide health
facilities with guidelines for issuance of certificates of live birth and death
notices, and provision of birth and death statistics to the competent Registry
as prescribed in Clause 1 hereof.
Article 6. Validity of birth
certificate
1. Birth certificate is an original document on
civil status of an individual.
2. All documents of an individual containing full
name, date of birth, race, nationality, native place, parent-child relationship
shall be consistent with his/her birth certificate.
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Article 7. Conditions for
changes and correction of civil status affairs
1. An application for change of full name of a
person less than 18 years of age prescribed in Clause 1 Article 26 of the Law
on civil status shall be subject to his/her parents’ consent which is specified
in such application. An application for change of full name of a person aged 9
or older shall also be subject to his/her consent.
2. Civil status correction prescribed in the Law on
civil status means correction of personal information in vital records or
originals of civil status documents which have been carried out only when there
are substantial grounds to prove presence of mistakes at the civil status
official’s faults or at the applicant’s faults.
Article 8. Recruitment,
placement, and training for civil status officials
1. From January 1, 2016, the competent person may
solely recruit new civil status officials that meet standards as prescribed in
the Law on civil status.
2. According to the statutory number of officials,
public employees of commune prescribed by the Government, each People’s
Committee of province or central-affiliated city (hereinafter referred to as
People's Committee of province) shall, upon placement of civil status
officials, give priority to full-time civil status officials in communes, wards
and towns which are commune-level administrative divisions class 1, class 2,
populated and have a great number of civil status affairs.
3. The Ministry of Justice shall formulate a
training program for civil status affairs and regulate issuance of certificates
of training in civil status affairs to civil status officials.
Each People's Committee of province shall formulate
and implement the plan for training in civil status affairs provided for civil
status officials in the province.
Chapter II
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Section 1. DOCUMENTS TO BE
SUBMITTED OR PRESENTED
Article 9. Documents to be
submitted and presented upon birth registration
1. An applicant for birth registration at the
People’s Committee of commune, ward, or town (hereinafter referred to as
commune) shall submit documents as prescribed in Clause 1 Article 16 of the Law
on civil status; and an applicant for birth registration at the People’s
Committee of suburban district, urban district, district-level town,
provincial-affiliated city (hereinafter referred to as district) shall submit
documents as prescribed in Clause 1 Article 36 of the Law on civil status.
2. The applicant for birth registration shall
present documents as prescribed in Clause 1 Article 2 hereof.
If the child’s parents have their marriage
registered, the marriage license shall also be presented.
Article 10. Documents to be
submitted and presented upon marriage registration
An applicant for marriage registration at the
People’s Committee of commune shall submit documents as prescribed in Clause 1
Article 2 of this Decree, Clause 1 Article 18 of the Law on civil status; and
an applicant for marriage registration at the People’s Committee of district
shall submit documents as prescribed in Clause 1 Article 38 of the Law on civil
status and submit the original of certificate of marital status as prescribed
as follows:
1. If the person applies for marriage registration
at a People’s Committee of commune other than his/her permanent residence
commune, he/she must submit a certificate of marital status issued by the
competent People’s Committee of commune as prescribed in Articles 21, 22, and
23 of this Decree.
In case of application for marriage registration at
a People’s Committee of district, the applicant for marriage registration
living in Vietnam must submit a certificate of marital status issued by the
competent People’s Committee of commune as prescribed in Articles 21, 22, and
23 of this Decree.
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Section 2. MANAGEMENT AND USE OF
VITAL RECORDS
Article 11. Making and closing
vital records
1. Vital records shall be made in 1 book according
to each type of civil status affairs.
2. The Registry shall document civil status affairs
that are registered from January 1 to December 31 inclusive of a year to vital
records
Annual vital statistics shall begin from January 1
to December 31 inclusive of a year.
3. Before January 5 of the succeeding year, the
civil status official shall close the vital records; release statistics
sufficiently and accurately and record total number of civil status affairs
that were registered in the preceding year to the page adjacent to the final
registration page of the year; and then bear signature, position, and send it
to the Registry’s head for bearing signature and seal.
Article 12. Archiving vital
records
1. Within 15 working days from the date on which
vital records are closed, the Registry or the representative body shall
authenticate 1 copy of vital records and send it to the superior Registry or
the Ministry of Foreign Affairs respectively.
2. When receiving the copy of vital records, the
receiving authority shall check each book of vital records, make transfer note
specifying the state and figures of each book.
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4. The agency that archives vital records is
responsible for preserve and use of vital records in accordance with
regulations of law; adopt safety measures, measures against fire, explosion,
flood, moistness, and termites.
Article 13. Documenting civil
status changes and correction in vital records
1. As soon as practicable after receiving a such
notice enclosed with a copy of civil status affairs as prescribed in Clause 3
Article 28 of the Law on civil status, the civil status official shall document
sufficient changes or correction to the vital records according to the above
copy, including: number, date, issuing authority; full name of the signer of
copy; a report bearing signature and seal of the Registry’s head.
If vital records have been authenticated and sent
as prescribed in Clause 1 Article 12 of this Decree, the civil status official
shall send a report enclosed with a copy of vital records to the superior
Registry for documenting relevant changes or correction to the respective vital
records. The receiving authority shall document such changes or correction to
the respective vital records which bear signature and seal of the Registry's
head.
2. Any Registry's head who has received a notice
fails to make documenting to the vital records or who is responsible for giving
notice fails to give such notice and send a copy of vital records as prescribed
in Clause 3 Article 28 of the Law on civil status shall take responsibility for
discrepancy in management and use vital records as prescribed by law.
Chapter III
CIVIL STATUS
REGISTRATION AT PEOPLE'S COMMITTEE OF COMMUNE
Section 1. BIRTH REGISTRATION
IN SPECIAL CIRCUMSTANCES
Article 14. Birth registration
for abandoned children
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As soon as practicable after receiving such notice,
the President of People’s Committee of commune or chief police of commune shall
make a report on the abandonment; and then the People’s Committee of commune
shall give the child to an individual or organization in charge of temporary
rearing as prescribed by law.
The report shall specify the time when and place
where an abandoned child is found; his/her identity namely sex, body condition,
health condition; his/her assets or objects, if any; full name, identification
card, place of residence of the finder. The report shall bear signatures of the
person making the report, the finder, the witness (if any) and the seal of the
authority from which the report is made.
The report shall be made in two copies; one copy
shall be archived at the authority from which it is made, and the other shall
be sent to the individual or organization in charge of temporary rearing.
2. After making the report as prescribed in Clause
1 of this Article, the People’s Committee of commune shall post up a notice of
abandonment publicly at its headquarters within 7 consecutive days.
3. Upon expiration of posting time limit, if the
parents’ child has still been unidentified, the People’s Committee of commune
shall notify the individual or organization in charge of temporary rearing of
birth registration for the child. The individual or organization in charge of
temporary rearing shall apply for birth registration for the child. Procedures
for birth registration shall be consistent with Clause 2 Article 16 of the Law
on civil status.
The child’s full name shall be determined as
prescribed by civil law. If there are not substantial grounds for determine the
child's date of birth or place of birth, the date on which he/she is found
abandoned shall be considered as the day and month of birth; the year of birth
shall be determined according to the child’s body condition; place of birth is
where the child is found abandoned; native place is determined according to
place of birth; and nationality is Vietnamese. The section of child’s parents
and race in the birth certificate and vital records shall be left blank and the
phrase “abandoned child” shall be specified in the vital records.
Article 15. Birth registration
for children with unidentified parents
1. The People’s Committee of commune where the
child resides shall apply for birth registration for the child with
unidentified parents.
2. If a child’s father is unidentified, the family
name, race, native place, nationality of the child in the application for birth
registration shall be determined according to respective information of his/her
mother; the child’s father section in vital records and birth certificate shall
be left blank.
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4. In case of a child whose mother is unidentified,
if his/her child applies for both birth registration and recognition of
parent-child relationship, Clause 3 of this Article shall apply; the child’s
mother section in the vital records and birth certificate shall be left blank.
5. Procedures for birth registration for children
with unidentified parents other than those who are abandoned shall be
consistent with Clause 3 Article 14 hereof; the phrase “children with
unidentified parents" shall be specified in the vital records.
Article 16. Birth registration
for children born from surrogacy cases
1. An applicant for birth registration shall submit
documents as prescribed in Clause 1 Article 16 of the Law on civil status and a
certification issued by the health facility that conducts assisted reproductive
technology in surrogacy procedures. The child’s parents sections shall be
filled out according to the information of intended parents.
2. Procedures for birth registration shall be
consistent with Clause 2 Article 16 of the Law on civil status; contents of birth
registration shall be consistent with Clause 1 Article 4 hereof.
Section 2. CIVIL STATUS
REGISTRATION AT BORDER AREAS
Article 17. Birth registration
1. The People’s Committee of commune in border
areas shall grant birth registration for a child who was born in Vietnam and
while a parent is a Vietnamese citizen permanently residing in such commune,
the other parent is a citizen of a neighbor country at the administrative
division which is equivalent to commune level in Vietnam and contiguous to the
commune in border area of Vietnam where the Vietnamese parent resides.
2. The applicant for birth registration shall
present documents as prescribed in Clause 1 Article 2 hereof and submit the
following documents:
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b) A written agreement reached by parents on
child’s nationality as prescribed in Clause 1 Article 36 of the Law on civil
status;
c) Copies of documents proving identity and
permanent residence in the border area of the parent being citizen of neighbor
country.
3. Procedures for birth registration shall be
consistent with Clause 2 Article 16 of the Law on civil status; contents of
birth registration shall be consistent with Clause 1 Article 4 hereof.
Article 18. Marriage registration
1. The People’s Committee of commune in border
areas shall grant marriage registration for a couple that a partner is a
Vietnamese citizen permanently residing in such commune and the other partner
is a citizen of a neighbor country at the administrative division which is
equivalent to commune level in Vietnam and contiguous to the commune in border
area of Vietnam where the Vietnamese citizen resides.
2. Applicants for marriage registration shall
present documents as prescribed in Clause 1 Article 2 hereof; or submit an
application at the People’s Committee of commune in person. The application for
marriage registration shall include:
a) Application forms for marriage registration
using the form as prescribed; the two partners may fill out a single application
form;
b) Documents issued by competent authorities of the
neighbor country within 6 months until the date of receipt which prove that the
partner being citizen of neighbor country is being single;
c) Copies of documents proving identity and permanent
residence in the border area of the partner being citizen in neighbor country.
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If both partners are eligible for marriage as
prescribed in the Law on marriage and family, the President of People’s
Committee of commune shall sign the marriage license, the civil status official
shall then document such marriage to the vital records, and both partners shall
bear their signatures and full names in the vital records and the marriage
license; each spouse shall be issued with one original of the marriage license.
Article 19. Registration for
recognition of parent-child relationship
1. The People’s Committee of commune in border
areas shall grant registration for recognition of parent-child relationship to
a couple that a parent is a Vietnamese citizen permanently residing in such
commune and the other parent is a citizen of a neighbor country at the
administrative division which is equivalent to commune level in Vietnam and
contiguous to the commune in border area of Vietnam where the Vietnamese
citizen resides.
2. Applicants for recognition of parent-child
relationship shall present documents as prescribed in Clause 1 Article 2
hereof; or submit an application at the People’s Committee of commune in
person. The application for recognition of parent-child relationship shall
include:
a) An application form for recognition of
parent-child relationship using the form as prescribed;
b) Documentary evidence for father-child
relationship or mother-child relationship;
c) Copies of documents proving identity and
permanent residence in the border area of the parent being citizen in neighbor
country.
3. Within 7 working days from the date on which a
satisfactory application is received, the civil status official shall verify
such application and post up the recognition of parent-child relationship at
the People's Committee of commune and send it to the President of People’s
Committee for decision. In case of necessity to verify, the processing time
limit is 12 working days.
If the recognition of parent-child relationship is
considered justifiable and involves no dispute, the civil status official shall
document such recognition to the vital records, and the applicant shall bear
signature and full name in the vital records; the President of People’s
Committee of commune shall then issue each parent with one original copy from
the vital records.
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1. The People’s Committee of commune in border area
shall grant death registration to the deceased being a foreigner residing in
such commune.
2. The applicant for death registration shall
submit an application form for death registration using the form as prescribed,
an original of death notice or an equivalent document which is issued as
prescribed in Clause 2 Article 4 of this Decree.
3. As soon as practicable after receiving such
application, if the death registration is considered justifiable, the civil
status official shall document it to the vital records, and the applicant shall
bear signature and full name in the vital records; the President of People’s
Committee of commune shall then issue each parent with one original copy from
the vital records.
In case of necessity to verify, the processing time
limit is 3 working days.
4. After death registration, the People’s Committee
of commune shall issue 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.
Section 3. ISSUANCE OF
CERTIFICATE OF MARITAL STATUS
Article 21. The power to issue
certificates of marital status
1. The People’s Committee of commune where a
Vietnamese citizen permanently resides shall issue him/her with a certificate
of marital status.
If the Vietnamese citizen has no permanent
residence but has a temporary residence registered as prescribed in law on
residence, the People’s Committee of commune where he/she has registered
temporary residence shall issue him/her with a certificate of marital status.
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Article 22. Procedures for
issuing certificates of marital status
1. An applicant for certificate of marital status
shall submit an application form using the form as prescribed. If the
application for certificate of marital status is submitted for marriage
purpose, the applicant shall satisfy all conditions for marriage as prescribed
in the Law on marriage and family.
2. If the applicant for certificate of marital
status had been married but he/she obtained divorce then or his/her spouse
died, he/she must present or submit valid documents proving such status; in
case of the circumstance prescribed in Clause 2 Article 37 of this Decree, a
respective copy of vital records is required.
3. Within 3 working days from the date on which the
satisfactory application is received, the civil status official shall verify
the applicant’s marital status. If the applicant meets all conditions and the
issuance of certificate of marital status is consistent with regulations of
law, the civil status official shall request the President of People’s
Committee to issue one certificate of marital status to the applicant. Contents
of certificate of marital status shall be consistent with the applicant’s
current marital status and purpose of the certificate of marital status.
4. If the applicant for certificate of marital
status has registered permanent residence in multiple places, he/she must prove
his/her marital status. If the applicant fails to produce such evidence, the
civil status official shall report it to the President of People’s Committee of
commune; the President shall then request People’s Committees of communes where
the applicant had registered permanent residence in writing to verify the
marital status.
Within 3 working days from the date on which the
written request is received, the requested People’s Committee of commune shall
verify and respond in writing to the requesting People’s Committee of commune
in terms of the applicant's marital status during his/her residence in the
commune.
5. As soon as practicable after receiving such
response, if there are substantial grounds, the People’s Committee of commune
shall issue a certificate of marital status to the applicant as prescribed in
Clause 3 of this Article.
6. If a person applies for reissuance of a
certificate of marital status for other purposes or due to expiration of the
certificate of marital status as prescribed in Article 23 of this Decree, the
certificate of marital status that was issued must be returned.
Article 23. Validity of
certificate of marital status
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2. The certificate of marital status shall be used
for the purpose of marriage at a competent authority in Vietnam, or at a
competent authority overseas or for other purposes.
3. The certificate of marital status shall be
invalid if being used for a purpose other than those specified in the
certificate.
Section 4. BIRTH, MARRIAGE OR
DEATH RE-REGISTRATION
Article 24. Conditions for
birth, marriage or death re-registration
1. Any birth, marriage, or death registration that
has been granted at the competent authority of Vietnam before January 1, 2016
but the vital records or originals copies from vital records are lost shall be
eligible for re-registration.
2. An applicant for birth, marriage, or death
re-registration shall submit sufficient copies of relevant documents.
3. The birth or marriage re-registration is only
granted if the applicants are still alive at the time of receiving application.
Article 25. The power to grant
birth, marriage or death re-registration
1. The People’s Committee of commune which granted
the former birth or marriage registration or the People’s Committee of commune
where the applicant permanently resides shall grant the birth or marriage
re-registration.
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Article 26. Birth
re-registration procedures
1. An application for birth re-registration shall
include:
a) An application form as prescribed, specifying
the assurance that the applicant has received birth registration but he/she
fails to keep the original of the birth certificate;
b) Copies of all documents of the applicant, or
other documents containing information in connection with the birth registration;
c) If the applicant for birth re-registration is an
official/public employee, or an armed force official, apart from documents
prescribed in Point a and Point b of this Clause, he/she is required a document
issued by the authority's head to certify that details of full name, sex, date
of birth, race, nationality, native place, father-child relationship,
mother-child relationship are consistent with the records under the authority’s
management.
2. Within 5 working days from the date on which the
application is received, the civil status official shall verify it. If the
birth re-registration is consistent with regulations of law, the civil status
official shall grant the birth re-registration as prescribed in Clause 2
Article 16 of the Law on civil status.
If the application for birth re-registration is
submitted at the People’s Committee of a commune other than the commune which
has granted the former birth registration, the civil status official shall
request the President of People’s Committee to request such the People’s
Committee to verify if respective vital records are being kept.
Within 5 working days, from the date on which the
request is received, the People’s Committee which has granted the former birth
registration shall verify and respond in writing that if the vital records are
being kept.
3. Within 3 working days from the date on which
verification results that the vital records are no longer kept in the commune
where the birth registration has been granted are received and the application is
considered satisfactory and consistent with regulations of law, the civil
status official shall grant the birth re-registration as prescribed in Clause 2
Article 16 of the Law on civil status.
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5. If the applicant does not obtain a copy of the
former birth certificate, but his/her personal documents are consistent with
birth registration contents, they shall prevail. If the applicant’s documents
are not consistent with the birth registration contents, those in the document
that has been issued by the competent authority firstly shall prevail; birth
registration contents of an official/public employee or armed force official
shall be determined according to the document issued by the authority’s head as
prescribed in Point c Clause 1 of this Article.
6. The Ministry of Justice shall provide guidelines
for documents as the basis for birth re-registration as prescribed in this
Article.
Article 27. Marriage
re-registration procedures
1. An application for marriage re-registration shall
include:
a) An application form as prescribed;
b) A copy of the former marriage license. In case
of absence from the copy of marriage license, a copy of the personal document
relating to the marriage registration contents is also permitted.
2. Within 5 working days from the date on which the
application is received, the civil status official shall verify it. If the
marriage re-registration is sufficient, accurate, and consistent with
regulations of law, the civil status official shall grant the marriage
re-registration as prescribed in Clause 2 Article 18 of the Law on civil
status.
If the application for marriage re-registration is
submitted at the People’s Committee of a commune other than the commune which
has granted the former marriage registration, the civil status official shall
request the President of People’s Committee to request such the People’s
Committee to verify the respective vital records.
Within 5 working days, from the date on which the
request is received, the People’s Committee which has granted the former
marriage registration shall verify and respond in writing that the vital
records are whether kept.
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4. The marriage relationship shall be recognized
from the date on which the former marriage registration was granted which is
specified in the marriage license and vital records. If the day and month of
former marriage registration is not identified, the marriage relationship shall
be recognized from January 1, of the year of former marriage registration.
Article 28. Death
re-registration procedures
1. An application for death re-registration shall
include:
a) An application form as prescribed;
b) A valid copy of the former death certificate. In
case of absence from the copy of death certificate, a copy of the personal
document relating to the death event contents is also permitted.
2. Within 5 working days from the date on which the
application is received, the civil status official shall verify it. If the
death re-registration is sufficient, accurate, and consistent with regulations
of law, the civil status official shall request the President of People’s
Committee to grant an original of death certificate from the vital records,
document the death re-registration to the vital records; and then the civil
status official and the applicant shall bear signatures and full names in the
records.
In case of necessity to verify, the processing time
limit is 10 working days.
Chapter IV
CIVIL STATUS
REGISTRATION AT PEOPLE'S COMMITTEES OF DISTRICTS
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Article 29. Birth registration
for children born abroad and taken to reside in Vietnam
1. If a child whose parents either is or parents
both are Vietnamese citizen(s) was born abroad but has not have birth
registered and taken to reside in Vietnam, the People’s Committee of district
where he/she resides shall consider granting him/her the birth registration.
2. An applicant for birth registration shall
present documents proving the child’s residence in Vietnam and submit the
following:
a) An application form as prescribed;
b) A certificate of live birth or an equivalent
document issued by the foreign competent authority certifying that the child
was born abroad and mother-child relationship (if any);
c) An agreement on selection of child’s nationality
prescribed in Clause 1 Article 35 of the Law on civil status in case where one
child’s parent is a Vietnamese citizen and the other is a foreign citizen.
3. In case of absence from the document prescribed
in Point b Clause 2 of this Article, the procedures for birth registration
shall be consistent with Clause 5 Article 15 of this Decree.
4. As soon as practicable after receiving the
application, the Committee Division of Justice shall verify it. In case of
sufficient, accurate and consistent with regulations of law, the birth
registration shall be granted in accordance with procedures as prescribed in
Clause 2 Article 36 of the Law on civil status. Birth registration contents
shall being determined as prescribed in Clause 1 Article 4 of this Decree.
Article 30. Application for
marriage registration
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a) The both partners may fill out in one single
application form for marriage registration;
b) A document certifying marital status of a
foreigner is a document which is issued by a foreign competent authority,
remains valid, and certifies that the holder is being single. If the foreign
country does not issue a document certifying marital status, an equivalent
document issued by the foreign competent authority certifying the holder’s
eligibility for marriage as prescribed in law of such country is required.
If the document certifying marital status of a
foreigner has an indefinite term, such document and the certificate issued by
the health facility as prescribed in Clause 1 Article 38 of the Law on civil status
shall only remain valid in 6 months from the date of issue.
2. If the foreigner has no passport for
presentation as prescribed in Clause 1 Article 2 of this Decree, he/she may
present an international travel paper or a residence card.
3. Apart from the documents prescribed in Clause 1
of this Article, if the partner being Vietnamese citizen obtained divorce or
granted marriage annulment at a the foreign competent authority, he/she shall
also submit a copy of vital records about such divorce or marriage annulment as
prescribed in Clause 2 Article 36 of this Decree; or if the partner being
Vietnamese citizen is an official/public employee or an armed force official,
he/she shall also submit a document issued by the authority certifying that
his/her marriage to the foreigner is conformable with regulations of such
sector.
Article 31. Marriage
registration procedures
Procedures for marriage registration shall be
consistent with Clauses 2, 3, and 4 Article 38 of the Law on civil status and
the following:
1. Within 10 working days from the date on which
the satisfactory application is received, Committee Division of Justice shall
assess it and carry out verification deemed necessary. Chief of Committee
Division of Justice shall be answerable to the assessment results and any
request of Committee Division of Justice in the processing of application for
marriage registration.
2. If the application is considered satisfactory,
and both partners meet conditions for marriage as prescribed in the Law on
marriage and family and are not subject to refusal cases prescribed in Article
33 of this Decree, Committee Division of Justice shall request the President of
People’s Committee of district to sign 2 originals of marriage licenses.
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Article 32. Granting marriage
licenses
1. Within 3 working days from the date on which the
President of People’s Committee of district signs marriage licenses, Committee
Division of Justice shall grant marriage licenses to the partners in person.
2. The granting marriage licenses shall be
consistent with Clause 3 Article 38 of the Law on civil status.
Marriage licenses shall be valid from the date on
which they are documented in the vital records and granted to the partners as
prescribed in this Clause.
3. If either or both partner(s) cannot present to
receive marriage license(s), Committee Division of Justice shall, upon their
request in writing, give an extension of granting period providing not
exceeding 60 days, from the date on which the President of People’s Committee
of district signs marriage licenses. Upon expiration of such 60-day
period, if both partners fail to present and receive marriage licenses,
Committee Division of Justice shall request the President of People’s Committee
of district to cancel the signed marriage licenses.
If the partners still wish to get married
thereafter, they shall follow the procedures for marriage registration from the
beginning.
Article 33. Marriage registration
refusal
1. The marriage registration shall be refused if
either or both partner(s) commit(s) violations or does/do not meet conditions
for marriage as prescribed in the Law on marriage and family of Vietnam.
2. If the application for marriage registration is
refused, Committee Division of Justice shall provide them with explanation in
writing.
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Article 34. Conditions for
documenting in vital records the marriage of Vietnamese citizens that have been
settled at foreign competent authorities
1. The marriage between Vietnamese citizens or a
Vietnamese citizen and a foreigner that has been settled at a foreign competent
authority shall be permitted to be documented in the vital records provided
that both partners, at the time of marriage, meet all conditions for marriage
and do not commit violations against the Law on marriage and family of Vietnam.
2. If the partners, at the time of marriage
registration at the foreign competent authority do not meet conditions for
marriage but do not commit any violation against the Law on marriage and
family, and consequences has been remedied or the marriage record is made for
the purpose of protecting interests of Vietnamese citizen and children, at the
time of requesting documenting in vital records, the marriage will be permitted
to be documented in the vital records.
Article 35. Procedures for
marriage record
1. An application for marriage record shall be
submitted by either one partner at the competent authority as prescribed in
Clause 1 Article 48 of the Law on civil status, including:
a) An application form as prescribed;
b) A copy of marriage certificate issued by the
foreign competent authority;
c) Apart from documents prescribed in Points a and
b of this Clause, if the application is submitted by post, copies of documents
prescribed in Clause 1 Article 2 of this Decree are also require; if the
partner being Vietnamese citizen obtained divorce or marriage annulment at the
foreign competent authority, a copy of record of such divorce or marriage
annulment prescribed in Clause 2 Article 37 of this Decree is also required.
2. Time limit for marriage record is 5 working
days, from the date on which Committee Division of Justice receives the
application.
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3. Procedures for marriage record shall be
consistent with Clause 2 Article 50 of the Law on civil status and the
following:
a) If the application is considered satisfactory as
prescribed in Article 34 of this Decree, Chief of Committee Division of Justice
shall document the marriage in the vital records and request the President of
People’s Committee of district to sign the original copy from the vital records
to the applicant.
b) If the application is considered unsatisfactory
as prescribed in Clause 1 Article 36 of this Decree, Chief of Committee
Division of Justice shall request the President of People’s Committee of
district to refuse it.
Article 36. Refusal to
marriage record
1. An application for marriage record shall be
refused in any of the following cases:
a) The marriage infringes the Law on marriage and
family.
b) The Vietnamese citizen gets married to a
foreigner at a foreign diplomatic missions or consular agent in Vietnam.
2. If the application for marriage registration is
refused, Committee Division of Justice shall provide the applicant with
explanation in writing.
Section 3. DOCUMENTING IN
VITAL RECORDS DIVORCE OR MARRIAGE ANNULMENT SETTLED AT COMPETENT FOREIGN
AUTHORITIES
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1. Any divorce or marriage annulment judgment and
decision, any divorce agreement that is legally effective or another document
recognizing the divorce issued by a foreign competent authority (hereinafter
referred to as divorce paper) without any violation against the Law on marriage
and family shall be permitted to be documented in the vital records.
2. A Vietnamese citizen who obtained divorce or
marriage annulment abroad and then return Vietnam to permanently reside or
apply for new marriage registration at the competent authority in Vietnam shall
apply for documenting such divorce or marriage annulment that has been settled
abroad in the vital records (hereinafter referred to as divorce record). In
case of multiple divorces of marriage annulments, only the latest divorce
record is required.
3. According to the official information, the
Ministry of Justice shall post on its website a list of divorce and marriage
annulment judgments and decisions of Vietnamese citizens that have been settled
by foreign competent authorities with applications for enforcement in Vietnam
or non-recognition in Vietnam.
Article 38. The power to
documenting divorce record
The power to document divorce record shall be
determined as prescribed in Clause 2 Article 48 of the Law on civil status and
the following:
1. The People’s Committee of district which granted
the marriage registration or documented former marriage in the vital records
shall document the divorce record.
If the former marriage or marriage record is made
at Services of Justice, the marriage record shall be documented by the People’s
Committee of district where the Vietnamese citizen resides.
If the former marriage is made the People’s
Committee of commune, the divorce record shall be documented by the superior
People’s Committee of district.
If the Vietnamese citizen does not permanently
reside in Vietnam, the divorce record shall be made by the People’s Committee
of district where he/she resided before leaving Vietnam’s territory.
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3. If an overseas Vietnamese applies for divorce
record for new marriage and his/her former marriage registration was granted at
a representative body or a foreign competent authority, the divorce record
shall be made by the People’s Committee of district which receives the
application for new marriage registration.
Article 39. Procedures for
divorce record
1. An application for divorce record shall include:
a) An application form as prescribed;
b) A copy of divorce paper legally effective.
2. Procedures for divorce record shall be
consistent with Clause 2 Article 50 of the Law on civil status and the
following:
a) Within 5 working days, from the date on which
the satisfactory application is received as prescribed in Clause 1 of this
Article, the civil status official of Committee Division of Justice shall
verify the application. If the divorce record does not infringe regulation in
Clause 1 of Article 37 or is not permitted to be posted on the Ministry of
Justice’s website as prescribed in Clause 3 Article 37 of this Decree, Chief of
Committee Division of Justice shall document such divorce record and request
the President of People’s Committee of district to issue an original copy to
the applicant.
In case of necessity to verify, the processing time
limit is 10 working days.
b) If the divorce record infringes regulation in
Clause 1 of Article 37 or is permitted to be posted on the Ministry of
Justice’s website as prescribed in Clause 3 Article 37 of this Decree, Chief of
Committee Division of Justice shall request the President of People’s Committee
of district to refuse such application.
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Section 4. BIRTH, MARRIAGE OR
DEATH RE-REGISTRATION
Article 40. Conditions for
birth, marriage or death re-registration
1. Any birth, marriage, or death registration of an
overseas Vietnamese or a foreigner that has been granted at the competent
authority of Vietnam before January 1, 2016 but the vital records or original
copies from the vital records are lost shall be eligible for re-registration.
2. The birth or marriage re-registration is only
granted if the applicants are still alive at the time of receiving application.
Article 41. The power to grant
birth, marriage or death re-registration
1. The People’s Committee of district which granted
former birth, marriage or death registration shall the power to grant birth,
marriage or death re-registration.
2. If the former birth, marriage or death
registration was granted by the People’s Committee of commune, the birth, marriage
or death re-registration shall be granted by the superior People’s Committee of
district.
3. If the former birth, marriage or death
registration was granted by the People’s Committee of province or Service of
Justice, the birth, marriage or death re-registration shall be granted by the
People’s Committee of district where the applicant resides; if such applicant
does not reside in Vietnam, the birth, marriage or death re-registration shall
be granted by the People’s Committee of district where Service of Justice is
headquartered.
Article 42. Procedures for
birth, marriage or death re-registration
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Chapter V
IMPLEMENTATION
Article 43. Implementation
1. Each President of People’s Committee of province
shall direct performance of tasks prescribed in the Law on civil status and
this Decree, and adopt the following measures to ensure the effectiveness in
registration and management of civil status affairs in the province:
a) Formulate plans, training programs, placement of
civil status officials in districts and communes as prescribed in the Law on
civil status and this Decree;
b) Allocate funding and facilities in conformity
with requirements of the registration and management of civil status affairs in
the provinces;
c) To inspect, examine, settle claims and
denunciations, and handle violations against the law on civil status within
his/her competence.
3. Each President of People’s Committee of
district/commune shall direct performance of tasks prescribed in the Law on
civil status and this Decree, and adopt the following measures to ensure the
effectiveness in registration and management of civil status affairs in the
district/commune:
a) Direct civil status officials to register civil
status events in the district/commune sufficiently, promptly, and consistent
with regulations of law; give notices of civil status registration and update
civil status events as prescribed in the Law on civil status;
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c) Plan arrangement of resources, funding and
direct mobile civil status registration in the district/commune, subject to
reality, in accordance with guidelines of the Ministry of Justice.
3. Presidents of People’s Committees shall be
answerable to the recruitment and placement of civil status officials not in
accordance with the Law on civil status and this Decree.
Article 44. Transitional
provisions
1. Any application for civil status registration
that had been received before January 1, 2016 by a Registry but has not been
settled as prescribed in the Government's Decree No. 158/2005/ND-CP dated
December 27, 2005 on registration and management of civil status affairs and
the Government's Decree No. 126/2014/ND-CP dated December 31, 2014 on
guidelines for regulations and enforcement measures of the Law on marriage and
family.
2. Any couple cohabiting before January 3, 1987
that has not applied for marriage registration are encouraged and enabled to
apply for marriage registration. Their marriage relationship shall be
recognized from the date on which the couple has established the cohabitation.
The power to and procedures for marriage registration shall be consistent with
Articles 17 and 18 of the Law on civil status.
Article 45. Entry in force
1. This Decree comes into force from January 1,
2016.
2. The following legislative documents, Articles
and Clauses shall be annulled:
a) The Government's Decree No. 77/2001/ND-CP dated
October 22, 2001 on guidelines for marriage registration in accordance with
Resolution No. 35/2000/QH10 of the National Assembly on implementation of the
Law on marriage and family;
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c) Article 1 and Article 3 of the Government's
Decree No. 06/2012/ND-CP dated February 2, 2012 on amendments to Decrees on
civil status, marriage and family, and authenticity;
d) Articles 3, 5, and 44 of the Government's Decree
No. 24/2013/ND-CP dated March 28, 2013 on guidelines for the Law on marriage
and family in terms of marriage and family relationship involving foreign
elements;
dd) Sections 1 through 6 of Chapter III, including
Articles 19 through 50 and Point a Clause 63 of the Government's Decree No.
126/2014/ND-CP dated December 31, 2014 on guidelines for regulations and
implementation measures of the Law on marriage and family.
3. Clause 2 Article 63 of the Government's Decree
No. 126/2014/ND-CP dated December 31, 2014 on guidelines for regulations and
implementation measures of the Law on marriage and family shall be amended as
follows:
“2. Sở Tư pháp giúp Ủy ban nhân dân cấp tỉnh trong
việc thực hiện quản lý nhà nước về hôn nhân và gia đình có yếu tố nước ngoài tại
địa phương, thực hiện nhiệm vụ và quyền hạn cụ thể theo quy định của Nghị định
này”. (“Each Service of Justice shall enable the People's Committee of province
to perform roles of regulatory agency in marriage and family involving foreign
elements in the province, and perform specific duties and entitlements as
prescribed in this Decree”.
4. Ministers, Heads of ministerial-level agencies,
Heads of Governmental agencies, Presidents of People’s Committees and relevant
organizations and individuals shall implement this Decree./.
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