Circular No. 04/2020/TT-BTP detailing Law on Civil Status and Decree 123/2015/ND-CP

CIRCULAR

ON DETAILING A NUMBER OF ARTICLES OF THE LAW ON CIVIL STATUS AND THE GOVERNMENT’S DECREE NO. 123/2015/ND-CP DATED NOVEMBER 15, 2015, DETAILING A NUMBER OF ARTICLES OF, AND MEASURES TO IMPLEMENT, THE LAW ON CIVIL STATUS

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

Pursuant to the Government’s Decree No. 123/2015/ND-CP dated November 15, 2015, detailing a number of articles of, and measures to implement, the Law on Civil Status;

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

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

The Ministry of Justice hereby promulgates the Circular on detailing a number of articles of the Law on Civil Status and the Government’s Decree No. 123/2015/ND-CP dated November 15, 2015, detailing a number of articles of, and measures to implement, the Law on Civil Status.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular details a number of articles of the Law on Civil Status and the Government’s Decree No. 123/2015/ND-CP dated November 15, 2015, detailing a number of articles of, and measures to implement, the Law on Civil Status (hereinafter referred to as the Decree No. 123/2015/ND-CP) on the civil status registration authorization, receipt of dossiers and return of civil status registration results; order and procedures for birth registration, marriage registration, death declaration, parent and child recognition and other civil status matters;  mobile registration for births, marriages and deaths; promulgating and guiding the use and management of  civil status books and civil status papers.

Article 2. Civil status registration authorization

1. Requesters for grant of civil status extract copies or marital status certificates, and requesters for registration of civil status matters in accordance with Article 3 of the Law on Civil Status (hereinafter referred to as requesters for civil status registration) may authorize other persons to register; except for the cases of marriage registration, re-registration for marriage, parent and child recognition registration, in such cases, one party may directly submit a dossier at the competent civil status registration agency without the power of attorney of another party.

The authorization must be made in writing and certified in accordance with law provisions. In case where the mandator authorizes his/her grandfather, grandmother, parent, son, daughter, wife, husband, or sibling, the certified power of attorney is not required.

2. In case the person performing procedures for birth registration is the child's grandfather, grandmother or another relative as prescribed in Clause 1, Article 15 of the Law on Civil Status, the power of attorney from the child’s parent is not required, but the birth declaration contents must be agreed by the child’s parent.

Article 3. Receipt of dossiers and return of civil status registration results

1. The dossier recipient shall be responsible for checking the dossier, if the dossier is incomplete, the recipient shall immediately guide the requester to complete it as prescribed.

In case of failing to complete the dossier immediately, the recipient shall make a written guidance, clearly stating types of documents and contents to be completed, sign with his/her full name.

2. The recipient shall be responsible for receiving the right and adequate dossier of civil status registration in accordance with law provisions on civil status. It is not allowed to request the civil status registrant to provide additional papers that are not required by the law on civil status.

3. Requester for civil status registration may submit certified copies of originals or duplicates granted from master books (hereinafter referred to as copies) or photocopies enclosed with the originals for comparison. If the requester submits photocopies enclosed with the originals, the recipient shall be responsible for checking and comparing the photocopies with the originals and confirm. In this case, the recipient is not allowed to request for copies of such papers.

For papers produced when carrying out civil status registration, the recipient shall be responsible for checking and comparing with information in the declaration, photograph them or record such information in the dossier and return them to the requester. It is not allowed to request for copies or photocopies of such papers.

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