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MINISTRY OF JUSTICE OF VIETNAM
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 1843/VBHN-BTP
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Hanoi, May 11, 2023
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DECREE
GUIDELINES FOR LAW ON CIVIL STATUS
Government’s Decree No.
123/2015/ND-CP dated November 15, 2015 on guidelines for Law on Civil Status,
which comes into force from January 01, 2016, is amended by:
1. Government’s Decree
No. 87/2020/ND-CP dated July 28, 2020 on electronic civil status database and
online civil registration, which comes into force from September 15, 2020;
2. Government’s Decree
No. 104/2022/ND-CP dated December 21, 2022 on amendments to Decrees on
submission and presentation of household register booklets, temporary residence
register booklets upon carrying out administrative procedures or providing
public services, which comes into force from January 01, 2023;
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;
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The Government
promulgates Decree on guidelines for Law on Civil Status [1].
Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Decree provides for
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.
...[2]...
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.
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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 shall present the original for collation.
Article 3. Submission
and receipt of application for civil status
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 post or online.
The application for civil
status shall be made in 01 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 to
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 photocopies 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 or photocopies of these documents.
3. In case of 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 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.
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4. If an application for
civil status is subject to verification as prescribed in the Law on Civil
Status and this Decree, the time for submission of the application and receipt
of processing results shall not be included in the duration for processing such
application.
Article 4. Birth
registration and death registration contents
1. Birth registration
contents shall be determined as prescribed in Clause 1 Article 14 of the Law on
Civil Status and the following regulations:
a) A child’s full name
and race shall be identified according to agreement of his/her parents as
prescribed in Civil Law and stated in the birth certificate application form;
if his/her parents do not or fail to reach an agreement, the child’s full name
and race shall be identified according to common practice;
b) A child’s nationality
shall be identified as prescribed in the 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 comply with the Law on Citizen Identification and Decree on
guidelines for the Law on Citizen Identification, 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 and
his/her gender shall be identified according to the certificate of live birth
issued by a competent health facility; in case of absence from a certificate of
live birth, the child's place of birth and his/her gender shall be identified
according to equivalent documents as prescribed in Clause 1 Article 16 of the
Law on Civil Status.
If a child is 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 clearly stated 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 is born shall be clearly stated.
dd) Native place of the
person whose birth is registered shall be identified according to regulations
in Clause 8 Article 4 of the Law on Civil Status.
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Death registration
contents shall be identified 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;
b) If a person dies as a
result of enforcement of a death sentence, the President of the Board of death
sentence shall issue a document certifying the enforcement of death sentence
instead of a death notice;
c) If a person receives 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;
d) 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,
after issuance of a certificate of live birth or a death notice and a competent
authority, after 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
provides 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.
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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, gender, race, nationality,
native place, parent-child relationship shall be consistent with his/her birth
certificate.
3. If an individual’s
document contains information different from his/her birth certificate, the
head of agency that has managed or issued such document shall make appropriate
amendments in accordance with the birth certificate.
Article 7. Conditions
for changes and correction of civil status
1. In case of 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, his/her parent’s consent is required and such
change shall be specified in the application form. In case of change of full
name of a person aged 9 or older, in addition to the aforesaid requirements,
his/her consent is required.
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 has
been carried out only when there are substantial grounds to prove that mistakes
are made by the civil status official or the applicant.
Article 8.
Recruitment, placement and training for civil status officials
1. From January 01, 2016,
the competent person may only 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 “the 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.
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The 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
CIVIL STATUS REGISTRATION, MANAGEMENT AND
USE OF VITAL RECORDS IN TRANSITIONAL STAGE
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 shall submit documents as prescribed in Clause 1 Article 16 of the
Law on Civil Status upon birth registration at the People’s Committee of
commune, ward, or town (hereinafter referred to as “commune”) or documents as
prescribed in Clause 1 Article 36 of the Law on Civil Status upon birth
registration at the People’s Committee of suburban district, urban district,
district-level town, provincial-affiliated city (hereinafter referred to as
“district”).
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
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a) If the person applies
for marriage registration at the People’s Committee of commune other than
his/her permanent residence commune, he/she shall 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 marriage
registration at the People’s Committee of district, the applicant for marriage
registration living in Vietnam shall 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.
b) If the applicant for
marriage registration has been going on business, studying, working under guest
worker program abroad, he/she shall submit a certificate of marital status
issued by the Vietnamese diplomatic mission, or the consular agent overseas
(hereinafter referred to as “representative body”).
Section 2. MANAGEMENT
AND USE OF VITAL RECORDS
Article 11. Making and
closing vital records
1. Vital records shall be
made in 01 book according to each type of civil status affairs.
2. The Registry shall
document civil status affairs that are registered from January 01 to December
31 inclusive of a year in vital records
Annual vital statistics
shall begin from January 01 to December 31 inclusive of a year.
3. Before January 05 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.
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1. [3]
(annulled)
2. [4]
(annulled)
3. Vital records are
national assets and permanently archived as prescribed in law on archives.
4. The agency that
archives vital records shall be responsible for preserving and using vital
records in accordance with regulations of law; adopting safety measures,
measures against fire, explosion, flood, moistness, and termites.
Article 13.
Documenting civil status changes and correction in vital records
1. After receiving a such
notice enclosed with a copy from the vital record as prescribed in Clause 3
Article 28 of the Law on Civil Status, the civil status official shall document
sufficient changes or correction in 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 photocopy
from the vital record to the superior Registry for documenting relevant changes
or correction in 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. If the Registry's head
who has received a notice fails to document information in the vital records or
who is responsible for giving notice fails to give such notice and send a copy
from the vital record as prescribed in Clause 3 Article 28 of the Law on civil
status, he/she shall take responsibility for discrepancy in management and use
of vital records as prescribed by law.
Chapter III
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Section
1. BIRTH REGISTRATION IN SPECIAL CIRCUMSTANCES
Article 14. Birth
registration for abandoned children
1. Any person who detects
an abandoned child shall protect the child and immediately notify the People’s
Committee or police authority of the commune where such child is abandoned. If
a child is abandoned at a health facility, the health facility’s head shall be
responsible for giving notice.
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 detected; his/her gender,
body condition, health condition; his/her assets or objects, if any; full name,
identification card, place of residence of the detector. The report shall
bear signatures of the person making the report, the detector, 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 publicly post up a notice of abandonment at its headquarters
within 7 consecutive days.
3. Upon expiration of the
posting duration, if the child's parent 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 be responsible for birth
registration for the child. Procedures for birth registration shall comply with
Clause 2 Article 16 of the Law on Civil Status.
The child’s full name
shall be identified as prescribed by civil law. If there are not substantial
grounds for identify the child's date of birth or place of birth, the date in
which he/she is found abandoned shall be considered as the child's date 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 his/her nationality is
Vietnamese. The section of child’s parents and race in the birth certificate
and vital record shall be left blank and the phrase “abandoned child” shall be
specified in the vital record.
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1. The People’s Committee
of commune where the child resides shall be responsible for birth registration
for the child with unidentified parents.
2. Upon birth
registration, if a child’s father is unidentified, the family name, race,
native place, nationality of the child shall be identified according to
respective information of his/her mother; the child’s father section in the
vital record and birth certificate shall be left blank.
3. If the father, at the
time of birth registration, applies for recognition of father-child
relationship as prescribed in Clause 1 Article 25 of the Law on Civil Status,
the People’s Committee shall process both the recognition and birth
registration; birth registration contents shall be identified as prescribed in
Clause 1 Article 4 of this Decree.
4. Regarding a child
whose mother is unidentified, if his/her father applies for both birth
registration and recognition of father-child relationship, Clause 3 of this
Article shall be applied; the child’s mother section in the vital record and
birth certificate shall be left blank.
5. Procedures for birth
registration for children with unidentified parents other than those who are
abandoned shall comply 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
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. Sections
of the child’s parents shall be filled out according to the information of
intended parents.
2. Procedures for birth
registration shall comply 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
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1. The People’s Committee
of commune in a border area 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:
a) Documents prescribed
in Clause 1 Article 16 of the Law on Civil Status;
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 who
is citizen of neighbor country.
3. Procedures for birth
registration shall comply 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. An applicant for
marriage registration shall present documents as prescribed in Clause 1 Article
2 hereof; and submit an application at the People’s Committee of commune in
person. The application for marriage registration shall include:
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b) Documents issued by a
competent authority of the neighbor country within 6 months until the date of
receipt which prove that the partner who is citizen of neighbor country is
single;
c) Copies of documents
proving identity and permanent residence in the border area of the partner who
is citizen of neighbor country.
3. Within 3 working days
from the date in which a satisfactory application is received, the civil status
official shall verify such application and send it to the President of People’s
Committee for decision. In case of necessity to make verification, the
processing duration is 8 working days.
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 record,
and both partners shall bear their signatures and full names in the vital
record 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 a border area 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. An applicant 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;
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3. Within 7 working days
from the date in 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 make
verification, the processing duration 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 record,
and the applicant shall bear signature and full name in the vital record; the
President of People’s Committee of commune shall then issue each parent with
one original from the vital record.
Article 20. Death
registration
1. The People’s Committee
of commune in a border area shall grant death registration to the dead person
who is 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. After receiving such
application, if the death registration is considered justifiable, the civil
status official shall document it to the vital record, and the applicant shall
bear signature and full name in the vital record; the President of People’s
Committee of commune shall then issue each parent with one original from the
vital record.
In case of necessity to
make verification, the processing duration is 03 working days.
4. After death
registration, the People’s Committee of commune shall issue a written notice
enclosed with a copy from the vital record to the Ministry of Foreign Affairs
for notification to the competent agency of the country of which the dead
person is a citizen.
Section
3. ISSUANCE OF CERTIFICATE OF MARITAL STATUS
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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
2. Clause 1 of this
Article shall be applied in case of issuance of certificate of marital status
to a foreigner or a stateless person residing in Vietnam upon his/her request.
Article 22. Procedures
for issuance of 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 shall 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 record is required.
3. Within 3 working days
from the date in 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 shall 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 03 working days
from the date in which the written request is received, the requested People’s
Committee of commune shall make verification 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.
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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 shall be
returned.
Article 23. Validity
of certificate of marital status
1. A certificate of
marital status shall remain valid in 6 months from the date of issue.
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 it is 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. In case any birth,
marriage, or death registration has been granted at the competent authority of
Vietnam before January 01, 2016 but vital records or originals of civil status
documents are lost, the re-registration shall be granted.
2. An applicant for
birth, marriage, or death re-registration shall submit sufficient copies of
relevant documents.
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Article 25. 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.
2. The People’s Committee
of commune which granted the former death registration shall grant the death
re-registration.
Article 26. Birth
re-registration procedures
1. An application for
birth re-registration shall include:
a) An application form as
prescribed, which specifies 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 to have a document issued by the authority's head to
certify that details of full name, gender, 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 in 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.
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Within 05 working days,
from the date in which the request is received, the People’s Committee which
has granted the former birth registration shall make verification and respond
in writing that if the vital records are being kept.
3. Within 3 working days
from the date in 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.
4. If the applicant still
obtains a valid copy of the former birth certificate, the birth registration
section in the certificate shall be filled out according to such copy, and the
child’s parent section shall be filled out according to reality at the time of
birth re-registration.
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 identified 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 provides 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 related to marriage registration contents is
required.
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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 report to the President of People’s Committee to
request such the People’s Committee to verify the respective vital record.
Within 05 working days,
from the date in which the request is received, the People’s Committee which
has granted the former marriage registration shall make verification and
respond in writing that if the vital records are being kept.
3. Within 03 working days
from the date in which verification results that the vital records are no
longer kept in the commune where the marriage registration has been granted are
received and the application is considered satisfactory and consistent with
regulations of law, the civil status official shall grant marriage
re-registration as prescribed in Clause 2 of this Article 16.
4. The marriage
relationship shall be recognized from the date in which the former marriage
registration was granted which is specified in the marriage license and the
vital record. If the day and month of former marriage registration is not
identified, the marriage relationship shall be recognized from January 01, 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 related to the death event
contents is required.
2. Within 05 working days
from the date in 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 record, document the death re-registration to the vital record; and
then the civil status official and the applicant shall bear signatures and full
names in the vital record.
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Chapter IV
CIVIL STATUS REGISTRATION AT THE PEOPLE'S
COMMITTEES OF DISTRICTS
Section 1. BIRTH AND
MARRIAGE REGISTRATION
Article 29.
Birth registration for children who were 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 documents:
a) An application form as
prescribed;
b) A certificate of live
birth or an equivalent document issued by the foreign competent authority,
which certifies 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 36 of the Law
on Civil Status in case where one child’s parent is a Vietnamese citizen and
the other is a foreign citizen.
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4. As soon as practicable
after receiving the application, the Committee Division of Justice shall verify
it. If the application is 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 be identified as prescribed in Clause 1
Article 4 of this Decree.
Article 30.
Application for marriage registration
1. An application for
marriage registration shall be made as prescribed in Clause 1 Article 38 of the
Law on Civil Status and the following regulations:
a) 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 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 who is
Vietnamese citizen has obtained divorce or marriage annulment at the foreign
competent authority, he/she shall also submit a copy of vital record about such
divorce or marriage annulment as prescribed in Clause 2 Article 36 of this
Decree; or if the partner (Vietnamese citizen) is an official/public employee
or an armed force official, he/she shall also submit a document issued by the
authority, which certifies that his/her marriage to the foreigner is
conformable with regulations of such sector.
Article 31. Marriage
registration procedures
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1. Within 10 working days
from the date in which the satisfactory application is received, Committee
Division of Justice shall assess it and carry out verification if necessary.
Chief of Committee Division of Justice shall be responsible for assessment
results and any request of Committee Division of Justice in processing of
application for marriage registration.
2. If the application is
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.
3. According to
particular situation, whenever necessary, the Ministry of Justice requests the
Prime Minister to provide additional regulations on inquiry procedures when the
application for marriage registration is processed in order to protect lawful
rights and interests of the partners and ensure the effective state management.
Article 32. Granting
marriage licenses
1. Within 03 working days
from the date in 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. Granting marriage
licenses shall comply with Clause 3 Article 38 of the Law on Civil Status.
Marriage licenses shall
be valid from the date in 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 be present to receive marriage license(s), Committee Division
of Justice shall, upon their request in writing, give an extension of the
duration for provision of such marriage license(s) but it does not exceed 60
days, from the date in which the President of People’s Committee of district
signs marriage licenses. Upon expiration of such 60-day period, if both partners
fail to 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.
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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 by the People’s Committee of district,
Committee Division of Justice shall provide them with explanation in writing.
Section 2. DOCUMENTING
IN VITAL RECORDS MARRIAGE OF VIETNAMESE CITIZENS SETTLED AT FOREIGN COMPETENT
AUTHORITIES
Article 34. Conditions
for documenting in vital records marriage of Vietnamese citizens 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 documented in the vital
records if 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 protection of interests of Vietnamese citizen and
children, at the time of request for documenting in vital records, the marriage
shall 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;
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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 required; if the partner who is Vietnamese citizen obtained divorce or
marriage annulment at the foreign competent authority, a copy of vital record
on such divorce or marriage annulment prescribed in Clause 2 Article 37 of this
Decree is required.
2. The duration for marriage
record is 5 working days, from the date in which Committee Division of Justice
receives the application.
In case of necessity to
make verification, the processing duration is 10 working days.
3. Procedures for
marriage record shall comply with Clause 2 Article 50 of the Law on Civil
Status and the following regulations:
a) If the application is
satisfactory as prescribed in Article 34 of this Decree, Chief of Committee
Division of Justice shall document the marriage in the vital record and request
the President of People’s Committee of district to sign the original from the
vital record to the applicant.
b) If the application is
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 of
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.
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2. If the application for
marriage registration is refused by the People’s Committee of district,
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
Article 37. Procedures
for documenting in vital records divorce and marriage annulment
1. Any divorce or
marriage annulment judgment and decision, any divorce agreement that is legally
effective or another document that recognizes the divorce issued by a foreign
competent authority (hereinafter referred to as “divorce document”) without any
violation against the Law on Marriage and Family shall be documented in the
vital record.
2. A Vietnamese citizen
who obtained divorce or marriage annulment abroad and then returned 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 record (hereinafter
referred to as “divorce record”). In case of multiple divorces of marriage
annulments, the latest divorce record is required.
3. According to the
official information, the Ministry of Justice posts 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. Power to
document divorce record
The power to document
divorce record shall be identified as prescribed in Clause 2 Article 48 of the
Law on Civil Status and the following regulations:
1. The People’s Committee
of district which granted the marriage registration or documented former
marriage in the vital record shall document the divorce record.
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If the former marriage is
registered at 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 documented
by the People’s Committee of district where he/she resided before leaving
Vietnam’s territory.
2. If an overseas
Vietnamese returning to Vietnam for permanent residence applies for divorce
record and his/her former marriage registration was granted at a representative
body or a foreign competent authority, the divorce record shall be documented
by the People’s Committee of district where he/she permanently resides.
3. If an overseas
Vietnamese applies for divorce record for new marriage and his/her former
marriage registration was granted at a foreign competent authority or
representative body, the divorce record shall be documented 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, which is legally effective.
2. Procedures for divorce
record shall comply with Clause 2 Article 50 of the Law on Civil Status and the
following regulations:
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In case of necessity to
make verification, the processing duration 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.
c) If the former marriage
was registered at the People’s Committee of commune or Service of Justice,
Committee Division of Justice shall, after documenting the divorce record, give
a notice enclosed with the copy of the vital record to the People’s Committee
of commune or Service of Justice for further documenting in the relevant vital
record. If the former marriage was registered at a representative body, a copy
of the vital record shall be sent to the Ministry of Foreign Affairs, and
Ministry of Foreign Affairs shall then forward it to representative body for
further documenting in the relevant vital record.
Section 4. BIRTH,
MARRIAGE OR DEATH RE-REGISTRATION
Article 40. Conditions
for birth, marriage or death re-registration
1. In case any birth,
marriage, or death registration of an overseas Vietnamese or a foreigner has
been granted at the competent authority of Vietnam before January 01, 2016 but
the vital record and an original of civil status document are lost, the
re-registration shall be granted.
2. The birth or marriage
re-registration is only granted if the applicant is still alive at the time of
receiving application.
Article 41. 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
grant birth, marriage or death re-registration.
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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 the headquarter of Service of Justice is located.
Article 42. Procedures
for birth, marriage or death re-registration
Procedures for birth,
marriage or death re-registration shall be conducted in accordance with
Articles 26, 27, and 28 of this Decree.
Chapter V
IMPLEMENTATION CLAUSE [5]
Article 43.
Responsibility for implementation
1. The President of the
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 province;
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2. The President of the
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
and promptly in accordance with regulations of law; give notices of civil
status registration and update civil status events as prescribed in the Law on
Civil Status;
b) Direct agencies in
district/commune to closely cooperate with civil status official in expediting
and reviewing birth or death cases that have not been registered in the
district/commune, offer solutions for eliminating difficulties and ensure the
people’s right to civil status registration.
c) According to actual
situation, plan arrangement of resources, funding and direct mobile civil
status registration in the district/commune according to guidelines of the
Ministry of Justice.
3. The Presidents of the
People’s Committees shall be responsible for the recruitment and placement of
civil status officials in contravention with the Law on Civil Status and this
Decree.
Article 44.
Transitional clauses
1. Any application for
civil status registration that a Registry had received before January 01, 2016
but has not settled shall continue to be settled according to regulations in
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 Law on Marriage and
family.
2. If couples cohabit
before January 03, 1987 without marriage registration, they are encouraged and
enabled to apply for marriage registration. Their marriage relationship
shall be recognized from the date in which the couple has established the
cohabitation. The power and procedures for marriage registration shall comply
with Articles 17 and 18 of the Law on Civil Status.
Article 45. Effect
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2. The following
legislative documents, Articles and Clauses shall be annulled:
a) 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;
b) Government's Decree
No. 158/2005/ND-CP dated December 27, 2005 on registration and management of
civil status affairs;
c) Article 1 and Article
3 of the Government's Decree No. 06/2012/ND-CP dated February 02, 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 1 Article
63 of the Government's Decree No. 126/2014/ND-CP dated December 31, 2014 on
guidelines for 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 Law on Marriage and Family shall be amended as follows:
“2. Each Service of
Justice shall assist the People's Committee of province in performing state
management of marriage and family involving foreign elements in the province,
and specific duties and entitlements as prescribed in this Decree
4. Ministries, Heads of
ministerial agencies and Governmental agencies, the Presidents of People's
Committees at all levels and relevant organizations and individuals shall be
responsible for implementation of this Decree./.
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CONFIRMED BY
PP. THE MINISTER
DEPUTY MINISTER
Mai Luong Khoi
[1] Government’s Decree No. 87/2020/ND-CP dated July 28, 2020
on electronic civil status database and online civil registration is
promulgated pursuant to:
“Law on Government
Organization dated June 19, 2015;
Law on Civil Status
dated November 20, 2014;
Law on E-transactions
dated November 29, 2005;
Law
on Information Technology dated June 29, 2006;
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At the request of the
Minister of Justice of Vietnam;
The Government
promulgates Decree on electronic civil status database and online civil
registration.”
Government’s Decree No.
104/2022/ND-CP on amendments to Decrees on submission and presentation of household
register booklets, temporary residence register booklets upon carrying out
administrative procedures or providing public services is promulgated pursuant
to:
“Law on Government
Organization dated June 19, 2015; the Law on amendments to some Articles of the
Law on Government Organization and Law on Local Government Organization dated
November 22, 2019;
Law on Residence dated
November 13, 2020;
At the request of the
Minister of Public Security of Vietnam;
The Government
promulgates Decree on amendments to Decrees on submission and presentation of
household register booklets, temporary residence register booklets upon
carrying out administrative procedures or providing public services.”
[2] The phrase “In the transitional stage, the applicant for civil
status registration shall present documents proving his/her place of residence”
is annulled by Clause 2 Article 13 of Decree No. 104/2022/ND-CP on amendments
to Decrees on submission and presentation of household register booklets,
temporary residence register booklets upon carrying out administrative
procedures or providing public services, which comes into force from January
01, 2023.”
[3] This Clause is annulled by Clause 2 Article 25 of
Government’s Decree No. 87/2020/ND-CP on electronic civil status database and
online civil registration, which comes into force from September 15, 2020;
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[5] Article 24 and Article 25 of Government’s Decree No.
87/2020/ND-CP dated July 28, 2020 on electronic civil status database and
online civil registration, which comes into force from September 15, 2020 stipulate
that:
“Article 24.
Transition clauses
1. Local civil
registration and management agencies shall use common civil registration and
management software in a uniform manner from the effective date hereof.
2. People’s Committees
of all levels shall be responsible for implementing digitalization, management
and extraction of civil status data from physical book; converting and
standardizing data from local electronic civil registration software
implemented before the effective date hereof and updating electronic civil
status database as instructed by Ministry of Justice and finishing before
January 01, 2025.
3. Extraction and use
of electronic civil status database for performance of online civil
registration shall be decided by the People’s Committees of provinces regarding
scope, level and time of implementation according to practical information
infrastructure conditions of each area.
4. Ministry of Justice
shall take charge and cooperate with Ministry of Foreign Affairs in upgrading
and calibrating common civil registration and management software for uniform
implementation in representative missions and Ministry of Foreign Affairs.
5. Ministry of Foreign
Affairs shall agree with Ministry of Justice on scope, level and time of
implementing common civil registration and management software according to
practical conditions in each representative mission and finishing before
January 1, 2022; digitalizing, managing and extracting civil status data from
physical books, updating electronic civil status database as instructed by
Ministry of Justice and finishing before January 1, 2025.
6. Civil registers
initiated before the effective date hereof shall be concluded when number
thereof are fully registered, verified true copies, transferred and stored as
specified under Clause 1 and Clause 2 Article 12 Decree No. 123/2015/ND-CP .
7. Once electronic
civil status database and national population database are brought into uniform
operation and application, agencies processing administrative procedures shall
be responsible for connecting with these databases to verify marital status of
applicants for administrative procedures without requesting submission of
marital status confirmation.
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Article 25.
Implementation clause
1. This Decree comes
into effect from September 15, 2020.
2. Clauses 1 and 2,
Article 12 of the Government's Decree No. 123/2015/ND-CP dated November 15,
2015 shall be annulled.
3. The Minister of
Justice within his/her functions, tasks and powers is responsible for
organizing implementation, guiding and examining implementation of this Decree.
4. Ministries, Heads
of ministerial agencies and central agencies, the Presidents of People's
Committees of provinces and relevant agencies, organizations and individuals
shall be responsible for implementation of this Decree.”
Article 15 of Decree No.
104/2022/ND-CP on amendments to Decrees on submission and presentation of
household register booklets, temporary residence register booklets upon
carrying out administrative procedures or providing public services, which
comes into force from January 01, 2023 stipulates that;
“Article 15.
Implementation
1. Ministers, Heads of
ministerial-level agencies, Heads of the Governmental agencies, the Presidents
of the People's Committees of provinces and central-affiliated cities shall
implement this Decree and announce administrative procedures within their
management.
2. This Decree comes
into effect from January 01, 2023.
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