Circular 01/2022/TT-BTP detailing Decree 87 on electronic civil status database and online civil status registration

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Circular No. 01/2022/TT-BTP dated January 04, 2022 of the Ministry of Justice detailing a number of articles of, and providing measures to implement, the Government’s Decree No. 87/2020/ND-CP of July 28, 2020, on the Electronic Civil Status Database and online civil status registration
Issuing body: Ministry of JusticeEffective date:
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Official number:01/2022/TT-BTPSigner:Nguyen Khanh Ngoc
Type:CircularExpiry date:Updating
Issuing date:04/01/2022Effect status:
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Fields:Justice

SUMMARY

The accuracy of civil status papers may be checked by using QR codes

On January 04, 2022, the Ministry of Justice issues the Circular No. 01/2022/TT-BTP detailing a number of articles of, and defining measures to implement the Government’s Decree No. 87/2020/ND-CP dated July 28, 2020 providing regulations on electronic civil status database and online civil status registration.

Accordingly, photocopies of papers to be enclosed with online civil status registration dossiers must be clear and have full contents of, and taken with cameras or smart phones, or taken or scanned with electronic devices from, duly granted and valid papers; and have been consularly legalized and translated into Vietnamese under regulations, for papers granted by foreign authorities, except papers exempt from consular legalization.

Besides, QR codes on e-versions of civil status papers are Internet addresses linked to data and image formats of relevant civil status papers in the E-Civil Status Database and provide information about the accuracy and validity of and detailed information in civil status papers in the E-Civil Status Database.

Remarkably, when receiving e-versions of civil status papers submitted or produced by civil status registration requesters, individuals, agencies and organizations may check the accuracy, validity and updated information of such e-versions by screening QR codes thereon.

This Circular takes effect on February 18, 2022.

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THE MINISTRY OF JUSTICE
______

 

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

No. 01/2022/TT-BTP

 

Hanoi, January 4, 2022

 

CIRCULAR

Detailing a number of articles of, and providing measures to implement, the Government’s Decree No. 87/2020/ND-CP of July 28, 2020, on the Electronic Civil Status Database and online civil status registration[1]

 

Pursuant to November 20, 2014 Law No. 60/2014/QH13 on Civil Status;

Pursuant to the Government’s Decree No. 87/2020/ND-CP of July 28, 2020, on the Electronic Civil Status Database and online civil status registration;

Pursuant to the Government’s Decree No. 96/2017/ND-CP of August 16, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Justice;

Pursuant to the Government’s Decree No. 30/2020/ND-CP of March 5, 2020, on clerical work;

Pursuant to the Government’s Decree No. 45/2020/ND-CP of April 8, 2020, on performance of administrative procedures in the electronic environment;

Pursuant to the Government’s Decree No. 47/2020/ND-CP of April 9, 2020, on the management, connection and sharing of digital data of state agencies;

Pursuant to the Government’s Decree No. 61/2018/ND-CP of April 23, 2018, on the implementation of the single-window mechanism and inter-agency single-window mechanism for settlement of administrative procedures (below referred to as Decree No. 61/2018/ND-CP); and the Government’s Decree No. 107/2021/ND-CP of December 6, 2021, amending and supplementing a number of articles of Decree No. 61/2018/ND-CP;

At the proposal of the Director of the Civil Status, Citizenship and Notarization Department;

The Minister of Justice promulgates the Circular detailing a number of articles of, and providing measures to implement, the Government’s Decree No. 87/2020/ND-CP of July 28, 2020, on the Electronic Civil Status Database and online civil status registration.

 

Article 1. Scope of regulation

This Circular details a number of articles of, and provides measures to implement, the Government’s Decree No. 87/2020/ND-CP of July 28, 2020, on the Electronic Civil Status Database and online civil status registration (below referred to as Decree No. 87/2020/ND-CP), regarding the management, exploitation and use of the Electronic Civil Status (E-Civil Status) Database, connection and sharing of information with the National Population Database and other databases; process of online civil status registration; certification of civil status information; and issuance, guidance on use, and management of e-civil status papers.

Article 2. Subjects of application

1. Ministries, ministerial-level agencies, government-attached agencies, and other state agencies shall carry out the connection, sharing, exploitation and use of the E-Civil Status Database.

2. People’s Committees at all levels, domestic civil status registration and management agencies, and overseas diplomatic missions and consular offices of the Socialist Republic of Vietnam (below collectively referred to as representative missions).

3. Organizations and individuals involved in the building, management, update, exploitation and use of the E-Civil Status Database and online civil status registration.

Article 3. Connection and sharing of information between the E-Civil Status Database and the National Population Database, the National Insurance Database, other databases, the National Public Service Portal, and provincial-level public service portals and single-window e-information systems 

The connection and sharing of information between the E-Civil Status Database and the National Population Database, the National Insurance Database, other databases, the National Public Service Portal, provincial-level public service portals and single-window e-information systems, and e-information systems to serve the settlement of administrative procedures shall be carried out under Articles 10 and 11 of Decree No. 87/2020/ND-CP and the following guidance:

1. The connection and sharing of information between the E-Civil Status Database and the National Population Database, the National Insurance Database, other databases, the National Public Service Portal, provincial-level public service portals and single-window e-information systems, and e-information systems to serve the settlement of administrative procedures in order to settle procedures for online civil status registration shall be carried out via the national data integration and sharing platform or by another connection method on the basis of written agreements between the Ministry of Justice and the agencies managing such databases or e-information systems, ensuring compliance with the Government’s Decree No. 47/2020/ND-CP of April 9, 2020, on the management, connection and sharing of digital data of state agencies, and the relevant guidance of the Ministry of Information and Communications.

2. The E-Civil Status Database shall connect, share and provide information under Clause 2, Article 10 of Decree No. 87/2020/ND-CP to the National Population Database as soon as the civil status registration agency makes registrations in civil status books and officially stores such information in the E-Civil Status Database. In case of failure to connect or share such information at the time of registration for technical reasons, the agencies managing databases shall coordinate with one another in handling the failure within 5 working days. The time of creation of information is the time of registration in civil status books.

3. Civil status information of individuals that is modified or added in the E-Civil Status Database shall be immediately updated and shared with the National Population Database via the utility function provided in the shared-use e-civil status registration and management software, and serve as a basis for updating information to other databases upon the connection and sharing in order to ensure uniformity, consistency and accuracy of information.

4. In case of receipt and settlement of requests for online inter-agency performance of procedures for birth declaration registration, permanent residence registration, grant of health insurance cards for children aged under 6 years; death declaration registration, permanent residence deregistration, enjoyment of survivorship allowance, support in terms of burial expenses, or enjoyment of burial expenses, the civil status registration agency shall, after completing the birth declaration registration or death declaration registration, transmit e-versions of birth certificates or extracts of death certificates enclosed with relevant e-dossiers via the utility function provided in the shared-use e-civil status registration and management software to the agency competent to carry out residence registration, grant health insurance cards, pay survivorship allowance or provide support in terms of burial expenses for settlement under regulations.

Article 4. Principles of information processing in the E-Civil Status Database

1. For an individual whose birth registration is made after January 1, 2016, and who is granted a personal identification number upon his/her birth declaration registration, if his/her information in the E-Civil Status Database is input information on him/her in the National Population Database, his/her personal information may only be modified under Clause 1, Article 12 of this Circular.

In case of modification, addition or invalidation of birth declaration information which requires re-establishment or cancellation of a personal identification number, the agency managing the E-Civil Status Database and the agency managing the National Population Database shall coordinate with each other in handling the case; update and keep traces of handling results in the E-Civil Status Database; and connect, share and ensure synchrony with the National Population Database.

2. In case of civil status registration and digitalization of civil status books not specified in Clause 1 of this Article in which personal information in the E-Civil Status Database is different from that in the National Population Database, the civil status registration agency that has carried out the civil status registration shall coordinate with the same-level public security office in checking and verifying information to see whether it is correct and accurate, and base itself on verification results to modify information in the database under regulations, ensuring uniformity of the two databases. It is required to keep traces of grounds for the modification, persons deciding to permit the modification, persons performing the modification, time of the modification, and modified contents.

3. In case citizen information in other databases (if any) is inconsistent with information in the E-Civil Status Database or the National Population Database, information in the E-Civil Status Database and National Population Database shall be determined as a basis for modification of citizen information in other databases.

In case there are papers and documents proving that information in other databases exists earlier, the agency managing the databases shall exchange opinions with the agency managing the E-Civil Status Database in order to verify and clarify such information. If there are legal grounds for determining that information in the E-Civil Status Database contains errors, the database-managing agency shall guide the person whose information is inconsistent in modifying his/her civil status information in accordance with law.

Article 5. Levels of online civil status registration

1. Civil status registration agencies shall receive and settle requests for online civil status registration in conformity with the level of online public service provision in domestic localities or representative missions.

2. The list of civil status registration agencies unqualified for receiving and settling requests for online civil status registration shall be publicly notified on the National Public Service Portal, the Ministry of Justice’s Portal, the Ministry of Foreign Affairs’ Portal on Consular Affairs, and provincial-level single-window portals.

Article 6. Filing and receipt of online civil status registration requests and notification of online civil status registration results 

The filing, receipt and settlement of online civil status registration requests must comply with Article 12 of Decree No. 87/2020/ND-CP and the following guidance:

1. Photocopies of papers to be enclosed with online civil status registration dossiers must be clear and have full contents of, and taken with cameras or smart phones, or taken or scanned with electronic devices from, duly granted and valid papers; and have been consularly legalized and translated into Vietnamese under regulations, for papers granted by foreign authorities, except papers exempt from consular legalization.

In case an online civil status registration requester fails to fully provide photocopies of necessary papers under regulations or photocopies enclosed with an online civil status registration dossier fail to satisfy the requirements specified in this Clause, the civil status registration agency shall notify such to the requester for dossier supplementation and completion.

2. In case papers and documents to be enclosed with online civil status registration dossiers have e-copies or civil status papers have their e-versions, online civil status registration requesters may use these e-copies or e-versions.

In case an online civil status registration requester has provided his/her personal identification number, he/she is not required to enclose the online civil status registration dossier with photocopies of his/her personal identification papers or papers proving his/her place of residence. The civil status registration agency shall exploit and use information in the E-Civil Status Database and National Population Database on the basis of the personal identification number provided by the requester.

3. After receiving an online civil status registration dossier on the system, the civil status officer shall check and collate information in the dossier and send the fully filled-in e-form to the requester via email or by a digital device. Within 1 working day, the requester shall check the accuracy and adequacy of information in the e-form.

If the requester certifies that information is consistent and adequate or makes no reply upon the expiration of the time limit for request, the civil status officer shall process the dossier.

4. The order and procedures for settling civil status registration affairs after the receipt of an online civil status registration dossier must comply with the Law on Civil Status, the Government’s Decree No. 123/2015/ND-CP of November 15, 2015, detailing a number of articles of, and measures to implement, the Law on Civil Status (below referred to as Decree No. 123/2015/ND-CP), Articles 12 and 13 of Decree No. 87/2020/ND-CP, and the Minister of Justice’s Circular No. 04/2020/TT-BTP of May 28, 2020, detailing a number of articles of the Law on Civil Status and Decree No. 123/2015/ND-CP (below referred to as Circular No. 04/2020/TT-BTP).

5. The notification of online civil status registration results shall be carried out under Clauses 4 and 5, Article 12 of Decree No. 87/2020/ND-CP and the following guidance:

a/ For civil status affairs for which civil status registration requesters are required by law to be present at civil status registration agencies, when coming to receive civil status registration results according to slips appointing dates of result notification, the civil status registration requesters shall produce their personal identification papers to prove their personal identities; submit or produce papers with their photocopies already included in online civil status registration dossiers, for civil status registration agencies to keep in dossiers or check and collate information in such papers in accordance with the law on civil status, except papers with their e-versions (if any) already submitted.

b/ In case a civil status registration requester fails to provide the papers specified at Point a of this Clause or the submitted or produced papers have been erased, modified or counterfeited, the civil status registration agency may cancel civil status registration results.

Article 7. Issuance of copies of civil status extracts

1. Persons requesting issuance of copies of civil status extracts or copies of birth certificates shall fully and accurately provide necessary information, including title of the civil status paper; serial number and date of registration; and the agency that has carried out the civil status registration.

2. If failing to fully provide the information specified in Clause 1 of this Article, requesters shall provide basic information in registered civil status papers serve search purposes.

For example: - A person requesting issuance of copies of marriage registration extracts who fails to provide the serial number of his/her marriage certificate and date of marriage registration shall provide information on his/her and his/her spouse’s family names, middle names, last names and dates of birth.

- A person requesting issuance of copies of his/her birth certificate who fails to provide the serial number of his/her birth certificate and date of birth registration shall provide his/her family name, middle name, last name, and date of birth; and family names, middle names, last names and dates of birth of his/her parents.

3. In case a person requesting issuance of copies of his/her civil status extracts or copies of his/her birth certificate fails to fully provide information or provides inaccurate information or it is impossible to search his/her information, the civil status registration agency shall refuse to settle his/her request.

Article 8. Certification of civil status information of individuals

1. Competent civil status registration and management agencies specified in Clause 2, Article 13 of Decree No. 87/2020/ND-CP shall base themselves on the E-Civil Status Database, civil status books and civil status registration dossiers to grant written certifications of civil status information to requesting individuals in the following cases:

a/ Certification of information on a registered civil status affair of an individual but there is a change in the registration contents for the reason that a competent state agency permits civil status change or correction, civil status information supplementation, ethnicity re-determination, recording in the civil status book of such individual’s civil status affair which has been settled by a foreign authority, or recording of such individual’s civil status change in the civil status book under a judgment or ruling of a competent state agency.

For example: - Certification of information on marriage in which a competent civil status registration agency has permitted the change of the family name, middle name or last name or correction of the year of birth of the wife or husband or in which the spouses have divorced.

- Certification of birth declaration information of an individual whose ethnicity has been re-determined or who has been permitted to renounce his/her Vietnamese citizenship.

If there is no change in civil status information of an individual, the civil status registration and management agency will not grant a written certification of civil status information and shall guide the certification requester in carrying out procedures for issuance of copies of his/her birth certificate or copies of relevant civil status extracts, unless a competent agency or organization requests grant of a written certification in order to settle a case involving such individual.

b/ Certification of different civil status information of individuals   

For example: - Certification of all civil status information of an individual, including information on his/her birth registration; marriage registration; civil status change or correction or ethnicity re-determination; parent or child recognition; guardianship; death declaration, etc.

- Certification of information on a number of registered civil status affairs, such as information on birth declaration registration; parent or child recognition registration; parent or child identification; child adoption; information on marriage and recording of marriage information in civil status books, etc.

c/ Certification of information of an individual in different civil status papers that is inconsistent, has not yet undergone civil status correction and does not fall into the case specified in Clause 1, Article 4, and in case a personal e-civil status datasheet has not yet been made under Article 11 of this Circular

For example: - An individual whose birth certificate states Tran Van Q as his name and 1963 as his year of birth, but whose marriage certificate states Tran Manh Q as his name and 1963 as his year of birth;

- An individual whose birth certificate states Le Manh A as his name 1951 as his year of birth, but whose death declaration extracts state Le Hoang A as his name and 1962 as his year of birth.

d/ A person requesting certification of his/her civil status information shall enclose the dossier of request for certification with photocopies or e-copies of relevant papers and documents to prove his/her civil status information. In case verification is required, the civil status registration and management agency that has received the request for certification shall request in writing the public security office and other related agencies to verify civil status information under Clause 3, Article 13 of Decree No. 87/2020/ND-CP. In case verification results contain no information or contain information inconsistent with that stated in papers provided by the requester, the civil status registration and management agency shall refuse to grant a written certification of civil status information.

dd/ A written certification of civil status information granted at the request of an individual must clearly and fully state contents and time of initial registration; contents of, grounds for, and period of civil status information change or modification up to the time of grant of such certification.

2. Civil status registration and management agencies shall base themselves on the E-Civil Status Database, civil status books, civil status registration dossiers, and functions of agencies and organizations requesting certification of civil status information to grant written certifications of civil status information to such agencies and organizations in the following cases:

a/ Certification of information on one or more than one registered civil status affair of an individual

For example: - Certification of information on birth declaration registration of Mr. Nguyen Van A;

- Certification of information on birth declaration registration, recording in the civil status book of civil status change under a judgment or ruling of a competent state agency (divorce judgment/ruling, determination of parent-child relationship, decision permitting renunciation of Vietnamese citizenship, etc.);

- Certification of all civil status information of an individual (including all information on civil status affairs of such individual, such as birth declaration, marriage, death declaration registration, etc., that have been registered and have traces recorded in the E-Civil Status Database).

b/ Certification of civil status information of different individuals

For example: - Certification of birth declaration registration information of all children of a spousal couple;     

- Certification of birth declaration registration information of all persons born in 2020 and residing in Ward A.

c/ Based on request contents and functions of the agency or organization requesting certification of civil status information, a written certification of civil status information may clearly and fully state contents and time of initial registration; contents of, grounds for, and period of civil status information change or modification up to the time of grant of such certification, or states only information on the civil status registration (serial number, time and agency carrying out the registration of the civil status affair) or state statistical data on registered civil status affairs.

For example: - In case of a request for certification of civil status information of an individual to serve the investigation, verification or proceeding by an investigation body, the civil status registration and management agency shall base itself on functions and the request to grant a written certification of all registered civil status information of such individual, clearly and fully stating contents and time of and agency having carried out initial registration and times of change and modification up to the time of certification;

- In case of certification of information on the marriage registration of Mr. Nguyen Van A to serve the examination and permission for divorce or settlement of other civil disputes by a proceeding-conducting body, the written certification of civil status information may only state the fact that Mr. Nguyen Van A has made the marriage registration and information on the serial number of the marriage certificate, and the time of and agency having carried out the marriage registration;

- In case of certification of information to serve the examination and evaluation of the percentage of pupils going to school at the request of schools or education administration agencies, a written certification of civil status information may provide statistical data on the number of children by place of residence and year of birth or provide a list of children enclosed with information on their birth declaration registration (serial number of birth certificate and time of and agency having carried out birth declaration registration).

3. The certification of civil status information at the request of organizations and individuals must comply with regulations on protection of privacy, personal secrets, family secrets, honor and reputation of individuals.

4. Written certifications of civil status information of individuals specified at Points a, b and c, Clause 1 of this Article are as valid as civil status papers and may be used to prove personal civil status information upon the performance of administrative procedures or participation in other civil transactions in accordance with law.

Article 9. E-versions of civil status papers and interactive e-civil status forms           

1. Promulgated together with this Circular are:

a/ Contents of e-versions of civil status papers; written certifications of civil status information; death certificates (Appendix 1);

b/ Contents of integrated interactive e-civil status forms to serve online civil status registration (Appendix 2).

2. Legal validity of e-versions of civil status papers must comply with Clause 6, Article 12 of Decree No. 87/2020/ND-CP and the following guidance:

a/ E-versions of civil status papers are as valid as hard-copy civil status papers in transactions and administrative procedures performed online; and may substitute hard-copy civil status papers upon the performance of procedures for civil status registration directly at civil status registration agencies.

b/ QR codes on e-versions of civil status papers are Internet addresses linked to data and image formats of relevant civil status papers in the E-Civil Status Database and provide information about the accuracy and validity of and detailed information in civil status papers in the E-Civil Status Database.

c/ When receiving e-versions of civil status papers submitted or produced by civil status registration requesters, individuals, agencies and organizations may check the accuracy, validity and updated information of such e-versions by screening QR codes thereon.

Article 10. Digitalization of civil status books

1. Civil status information that needs to be digitalized is that registered in civil status books prior to the time when civil status registration agencies use the shared-use e-civil status registration and management software.

2. Responsibility for digitalization:

a/ The Consular Department of the Ministry of Foreign Affairs and representative missions shall digitalize civil status books registered at representative missions. The Consular Department of the Ministry of Foreign Affairs shall take responsibility for the accuracy and legal validity of civil status information digitalized from civil status books registered at representative missions.

b/ Provincial-level Departments of Justice shall formulate plans on digitalization of civil status books registered and archived in localities, and submit them to provincial-level People’s Committees for approval and organization of implementation; and take responsibility for the accuracy and legal validity of civil status information digitalized from civil status books registered and archived in their localities.

c/ Divisions of Justice of rural districts, urban districts, towns, provincial cities, and municipal cities (below collectively referred to as district-level Divisions of Justice); and People’s Committees of communes, wards, and townships (below collectively referred to as commune-level People’s Committees) shall coordinate with provincial-level Departments of Justice in digitalizing, and ensuring the accuracy and legal validity of, civil status information digitalized from civil status books registered and archived in their localities.

3. The process of digitalization of civil status data must comply with technical documents issued by the Ministry of Justice. Agencies responsible for digitalizing civil status books shall ensure the accuracy and completeness of civil status data before approving and officially updating them to the E-Civil Status Database.

4. The digitalization of civil status books must comply with regulations on protection of privacy, personal secrets and family secrets and relevant regulations, ensuring information confidentiality and safety.

Article 11. Creation and updating of personal e-civil status datasheets

1. Every individual has a uniform and sole personal e-civil status datasheet on the E-Civil Status Database corresponding to his/her personal identification number; and every civil status information of individuals that is registered, changed or modified shall be updated and have its trace recorded in such datasheet.

2. In case a personal e-civil status datasheet is created through the new registration of birth declaration on the shared-use e-civil status registration and management software, it shall be updated automatically.

In case a personal e-civil status datasheet is created through the registration of other civil status affairs than birth declaration registration or through the digitalization of civil status books under Article 10 of this Circular, a civil status officer shall use utility functions on the shared-use e-civil status registration and management software to exploit information from the National Population Database via personal identification numbers, and update the citizen’s information in such personal e-civil status datasheet. For an individual who has no personal identification number, his/her personal identification number shall be identified on the basis of his/her serial number of his/her people’s identity card; family name, middle name and last name; sex; date of birth; and family names, middle names, last names and years of birth of his/her parents, ensuring his/her personal e-civil status datasheet contains no overlaps.

3. After an individual has his/her personal e-civil status datasheet updated under Clause 2 of this Article and receives his/her personal identification number, the civil status registration agency shall base itself on the E-Civil Status Database to additionally record such personal identification number in the section on personal identification number of the birth declaration registration book. In case the previous birth declaration registration book has no section on personal identification number, such personal identification number shall be recorded in the Note column in such book, clearly stating: “personal identification number added from the E-Civil Status Database” and give a signature and append a seal on the page containing the added information; and enclose a photocopy of such page with the personal e-civil status datasheet on the E-Civil Status Database.

4. In case an individual has his/her original birth certificate granted after January 1, 2016, but has not yet had a personal identification number, and requests addition of civil status information, the civil status registration agency shall base itself on the E-Civil Status Database or his/her citizen identity card or the notice of duly granted personal identification number to add civil status information under regulations.

Article 12. Modification of information in the E-Civil Status Database

1. Civil status information of an individual registered and officially stored on the E-Civil Status Database belonging to his/her personal e-civil status datasheet may only be modified in the following cases:

a/ He/she is permitted by the competent civil status registration agency to have his/her civil status changed or corrected, his/her civil status information added or his/her ethnicity re-determined; have his/her civil status affairs settled at a foreign authority recorded in his/her civil status book; or have his/her civil status change under the judgment or ruling of a competent state agency recorded in his/her civil status book.

b/ In case information of an individual on the E-Civil Status Database is detected to be inconsistent with that in his/her civil status registration dossier, the civil status registration agency shall report such to the superior agency managing the E-Civil Status Database via the utility function of the shared-use e-civil status registration and management software and may modify such information only when the superior agency managing the E-Civil Status Database so permits.

2. The head of the agency managing the E-Civil Status Database or an authorized individual shall check information and dossiers before deciding to permit the modification of information on the E-Civil Status Database and take responsibility for his/her permission.

Article 13. Deletion of e-civil status data

1. In case of receiving a legally effective judgment or ruling of a competent state agency on revocation or invalidation of a civil status paper or registration content in a civil status book, the civil status registration agency that has carried out the civil status registration shall make a request for deletion of relevant e-civil status data on the E-Civil Status Database via the functions and utilities provided on the shared-use e-civil status registration and management software.

2. A request for deletion of e-civil status data must contain the following information:

a/ Information on the type of the registered civil status affair; the agency having carried out registration; serial number and date of registration; and specific information that needs to be deleted;

b/ Reason(s) and ground(s) for the deletion request;

c/ An e-copy of the competent state agency’s judgment or ruling on revocation or cancellation of the civil status paper.

3. The Ministry of Justice’s agency assigned to directly manage the E-Civil Status Database shall consider and approve valid requests for deletion of e-civil status data on the shared-use e-civil status registration and management software. Deleted civil status data are no longer legally valid though their traces must still be kept on personal e-civil status datasheets and may be exploited and used upon the grant of written certifications of civil status information.

The Ministry of Justice’s agency assigned to directly manage the E-Civil Status Database is competent to permit the restoration of e-civil status data before they are modified or deleted in case such is permitted under a legally effective document or decision of a competent state agency.

Article 14. Implementation responsibility              

1. Civil status registration agencies and civil status officers shall promptly, adequately and accurately update civil status information registered into the E-Civil Status Database; and create and update personal e-civil status datasheets via functions and utilities provided by the shared-use e-civil status registration and management software.

2. Provincial-level Departments of Justice, district-level Divisions of Justice, and commune-level People’s Committees shall work out plans on, estimate state budget allocations and ensure equipment and infrastructure facilities for, the digitalization of civil status books, build, update, exploit and use the E-Civil Status Database and carry out online civil status registration in conformity with the level of provision of online public services in their localities.

3. Pending the completion of the digitalization of civil status books, uniform operation of the E-Civil Status Database, connection and exploitation of data from the National Population Database, and connection and sharing of data by agencies competent to settle inter-agency administrative procedures under Clause 4, Article 3 of this Circular with the E-Civil Status Database, if requesters fail to provide e-copies or e-versions of civil status papers for civil status affairs which do not require their presence at civil status registration agencies when receiving settlement results, civil status registration agencies shall receive and settle civil status registration requests under Clause 5, Article 12 of Decree No. 87/2020/ND-CP, grant civil status papers, copies of birth certificates and copies of civil status extracts, made according to the forms provided in the appendices to Circular No. 04/2020/TT-BTP, give digital signatures under the Minister of Information and Communications’ Circular No. 41/2017/TT-BTTTT of December 19, 2017, on the use of digital signatures for e-documents in state agencies.

Article 15. Effect  

1. This Circular takes effect on February 18, 2022.

2. People’s Committees at all levels and related agencies shall organize the implementation of this Circular.

Any problems arising in the course of implementation of this Circular should be reported by provincial-level People’s Committees, provincial-level Departments of Justice and related agencies, organizations and individuals to the Ministry of Justice for guidance.-

For the Minister of Justice
Deputy Minister
NGUYEN KHANH NGOC

 

[1] Công Báo Nos 245-246 (28/02/2022)

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