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

DECREE

Detailing a number of articles of, and measures to implement, the Law on Civil Status[1]

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the November 20, 2014 Law on Civil Status;

Pursuant to the June 19, 2014 Law on Marriage and Family;

At the proposal of the Minister of Justice,

The Government promulgates the Decree detailing a number of articles of, and measures to implement, the Law on Civil Status.

Chapter I

GENERAL PROVISIONS

Article1.Scope of regulation

This Decree details a number of articles of the Law on Civil Status regarding birth and marriage registration, management and use of civil status books in the period when the electronic civil status database and national population database have not yet operated synchronously nationwide (below referred to as the transitional period); birth registration for abandoned children, children whose parents remain unidentified, and children born by surrogate mothers; birth declaration, marriage registration, parent and child recognition, and death declaration in border areas; grant of marital status certificates; birth registration for children born abroad with their birth not yet registered abroad and taken to reside in Vietnam; registration of inter-country marriages at district-level People’s Committees; recording in the civil status book of marriages, divorces, cancellation of marriages of Vietnamese citizens which have been settled at competent foreign agencies; re-registration of birth, marriage and death; arrangement of justice and civil status officers to perform civil status work on a full-time basis; and a number of measures to implement the Law on Civil Status.

Article2.Provisions on production and submission of papers upon civil status registration and grant of civil status extract copies

1. Civil status registrants or requesters for grant of civil status extract copies shall produce the original of one of the following papers: passport, people’s identity card, citizen identity card or another paper affixed with a photo and containing personal information granted by a competent state agency, which is still valid, (below referred to as personal paper) to prove their personal identification.

In the transitional period, civil status registrants shall produce papers proving their residences.

2. Birth registrants shall submit the original birth certification paper or a substitute paper as prescribed in Clause 1, Article 16 of the Law on Civil Status; death registrants shall submit the original death notice or a substitute paper as prescribed in Clause 1, Article 34 of the Law on Civil Status, and in Clause 2, Article 4 of this Decree; marriage registrants shall submit the original marital status certificate as prescribed in Section 3, Chapter III of this Decree.

3. Foreign-language papers used for civil status registration in Vietnam shall be translated into Vietnamese and their Vietnamese translations shall be notarized or must have the translator’s signature certified in accordance with law.

4. Papers made, granted or certified by competent agencies of countries bordering on Vietnam (below referred to as neighboring countries) for use for civil status registration under Point d, Clause 1, Article 7 of the Law on Civil Status shall be exempted from consular legalization; shall be translated into Vietnamese and must bear the translator’s commitment to accurate translation.

5. Copies of papers in civil status registration dossiers are duplicates granted from master books or certified copies of originals as prescribed by law; in case uncertified copies are submitted, they shall be accompanied by their originals for collation.

Article3.Methods of submission and receipt of civil status registration dossiers

1. Marriage registration, parent and child recognition or marriage re-registration requesters shall submit dossiers directly at the civil status registration agency; requesters for registration of other civil status matters may submit dossiers directly at the civil status registration agency or send dossiers by post or through the online civil status registration system.

A civil status registration dossier shall be made only in one (1) set.

2. Dossier recipients shall check papers to collate information in the declarations and the validity of papers submitted or produced by requesters. If a dossier is incomplete, the recipient shall guide the requester to complete it. If a dossier is complete and valid, the recipient shall write a receipt slip specifying the time and date for receipt of the result.

In case a requester submits duplicates granted from master books or certified copies of originals, the recipient may not ask for production of originals. If a requester submits plain copies and produce their originals, the recipient shall collate the copies with their originals and sign on the copies to certify the collation.

If the law requires production of a certain paper, the dossier recipient may not ask for additional submission of duplicates or copies of the produced paper.

3. If a requester sends a dossier by post or wishes to receive the result by post, he/she shall also transfer the fee for civil status registration or grant of civil status extract copies, if he/she is ineligible for fee exemption, and the payment for sending of the result by post. The dossier recipient shall clearly write the method of sending the result in the receipt slip.

Results may be sent by post with regard to requests for recording in the civil status book of civil status matters settled by competent foreign agencies, including birth; marriage; guardianship; parent and child recognition; parent or child determination; child adoption; civil status change; death; divorce; cancellation of illegal marriage, and requests for grant of civil status extract copies prescribed in Article 63 of the Law on Civil Status.

4. If the civil status registration requires verification as prescribed in the Law on Civil Status and this Decree, the time of sending the written request for verification and time of reply shall not be included in the time limit for settling specific civil status matters.

Article 4.Determination of contents of birth registration and death declaration

1. The contents of birth registration shall be determined under Clause 1, Article 14 of the Law on Civil Status and the following provisions:

a/ The family name, middle name and given name and ethnicity of the child shall be determined according to the agreement of his/her parents in accordance with the civil law and stated in the birth registration declaration; if his/her parents have no such agreement or fail to reach agreement, the determination must follow local practices;

b/ The citizenship of the child shall be determined in accordance with the citizenship law;

c/ The personal identification number of the person whose birth is registered shall be granted upon birth declaration. The procedures for grant of personal identification numbers must comply with the Law on Citizen Identification and the Decree detailing the implementation of the Law on Citizen Identification, ensuring conformity with the Law on Civil Status and this Decree;

d/ The date of birth shall be determined according to the calendar year. The place of birth and gender of a child shall be determined based on the birth certification paper granted by a competent health establishment; if a birth certification paper is unavailable, the determination shall be based on the paper substituting the birth certification paper prescribed in Clause 1, Article 16 of the Law on Civil Status.

For a child born at a health establishment, the names of the health establishment and commune-level, district-level or provincial-level administrative unit where the health establishment is located shall be written; for a child born outside a health establishment, the name of the commune-level, district-level or provincial-level administrative unit where the child was born shall be written.

dd/ The native place of the person whose birth is registered shall be determined under Clause 8, Article 4 of the Law on Civil Status.

2. In case of death registration under the Law on Civil Status, the contents of death declaration must include: family name, middle name, given name and year of birth of the deceased; personal identification number of the deceased, if any; place of death; cause of death; time and date, month and year of death according to the calendar year; and citizenship, if the deceased is a foreigner.

The contents of death registration shall be determined based on the death notice or a substitute paper granted by the following competent agency:

a/ For a person who dies at a health establishment, the death notice shall be granted by the head of the health establishment;

b/ For a person who is executed under a death sentence, the death notice shall be replaced with the certificate of execution granted by the head of the death sentence execution council;

c/ For a person declared dead by a court, the death notice shall be replaced with the effective judgment or decision of the court;

d/ For a person who dies onboard a means of transport, in an accident, is killed, dies suddenly or dies in a doubtful manner, the death notice shall be replaced with the written certification of a public security agency or the assessment result document granted by a forensic examination agency.

dd/ For a person who dies not in any of the cases specified at Points a, b, c and d of this Clause, the death notice shall be granted by the commune-level People’s Committee of the place where he/she dies.

Article 5.Grant of birth certification papers and death notices and provision of birth and death statistics

1. Health establishments granting birth certification papers and death notices and competent agencies granting substitute papers of death notices prescribed in Clause 2, Article 4 of this Decree shall notify birth and death data to competent civil status registration agencies prescribed by the Law on Civil Status for making timely, complete and accurate statistics in accordance with law.

2. The Ministry of Health shall guide health establishments in the grant of birth certification papers and death notices and provision of birth and death statistics to competent civil status registration agencies under Clause 1 of this Article.

Article6.Legal validity of the birth certificate

1. The birth certificate is the original civil status paper of a person.

2. All dossiers and papers of a person containing the family name, middle name and given name; date of birth; gender; ethnicity; citizenship; native place; and parent and child relationship, must conform with the birth certificate of such person.

3. If a personal dossier or paper of a person has a content different from the content of the birth certificate of such person, the head of the agency or organization managing such dossier or granting such paper shall modify the dossier or paper in conformity with his/her birth certificate.

Article7.Conditions for civil status change and correction

1. The change of family name, middle name and/or given name of a person aged under 18 years as prescribed in Clause 1, Article 26 of the Law on Civil Status is subject to consent of his/her parents clearly expressed in the declaration; if such person is 9 years old or older, his/her consent is also required.

2. Civil status correction prescribed in the Law on Civil Status means the correction of personal information in the civil status book or an original civil status paper, and may be made only when there are sufficient grounds for ascertaining that such erroneous information is due to the fault of the civil status officer or civil status registrant.

Article8.Recruitment, arrangement and training of civil status officers

1. From January 1, 2016, competent persons may only arrange and recruit persons who are qualified under the Law on Civil Status to perform civil status work.

2. Based on the number of commune-level cadres and civil servants prescribed by the Government, People’s Committees of provinces and centrally run cities (below referred to as provincial-level People’s Committees) shall prioritize the arrangement of justice and civil status officers to perform civil status work on a full-time basis in communes, wards and townships that are class-1 and class-2 commune-level administrative units with a large population and huge civil status work.

3. The Ministry of Justice shall develop civil status training programs and prescribe the grant of civil status training certificates to civil status officers.

Provincial-level People’s Committees shall plan and organize civil status training for local civil status officers.

Chapter II

CIVIL STATUS REGISTRATION, MANAGEMENT AND USE OF
CIVIL STATUS BOOKS IN THE TRANSITIONAL PERIOD

Section 1

PAPERS TO BE SUBMITTED AND PRODUCED

Article9.Papers to be submitted and produced upon birth registration

1. Birth registrants shall submit the papers prescribed in Clause 1, Article 16 of the Law on Civil Status when making birth registrations at People’s Committees of communes, wards or townships (below referred to as commune-level People’s Committees), or the papers prescribed in Clause 1, Article 36 of the Law on Civil Status when making birth registrations at People’s Committees of rural districts, urban districts or provincial cities (below referred to as district-level People’s Committees).

2. Birth registrants shall produce the papers prescribed in Clause 1, Article 2 of this Decree.

If the parents of a child have registered their marriage, the marriage certificate shall be also produced.

Article10.Papers to be submitted and produced upon marriage registration

Marriage registrants shall produce the papers prescribed in Clause 1, Article 2 of this Decree and submit the papers prescribed in Clause 1, Article 18 of the Law on Civil Status when registering their marriages at commune-level People’s Committees, or the papers prescribed in Clause 1, Article 38 of the Law on Civil Status when registering their marriages at district-level People’s Committees, and submit the original marital status certificate under the following provisions:

1. In case of marriage registration at a commune-level People’s Committee, if the marriage registrant does not reside in the commune, ward or township where the marriage is registered, he/she shall submit the marital status certificate granted by a competent commune-level People’s Committee prescribed in Articles 21, 22 and 23 of this Decree.

In case of marriage registration at a district-level People’s Committee, the marriage registrant who resides in the country shall submit the marital status certificate granted by a competent commune-level People’s Committee prescribed in Articles 21, 22 and 23 of this Decree.

2. In case the marriage registrant is working or studying for a definite term abroad, he/she shall submit the marital status certificate granted by the overseas diplomatic representative mission or consular representative mission of Vietnam (below referred to as the representative mission).

Section 2

MANAGEMENT AND USE OF CIVIL STATUS BOOKS

Article11.Opening and closing of civil status books

1. The civil status book shall be made in one volume for each type of registered civil status affair.

2. The civil status registration agencies shall use civil status books to record civil status affairs registered from January 1 through December 31 of the year.

Annual civil status statistics shall be made for the period from January 1 through December 31 of the year.

3. Before January 5 of the subsequent year, civil status officers shall close civil status books; make complete and accurate statistics and record the total number of registered civil status affairs of the previous year on the page next to the last page of registration recording of the year; sign and write his/her full name and title; and propose the head of the civil status registration agency to sign and append a seal for certification.

Article12.Archive of civil status books

1. Within 15 working days after closing a civil status book, the civil status registration agency shall certify a duplicate of the civil status book and send it to its immediate superior civil status management agency for archive; representative missions shall send these duplicates to the Ministry of Foreign Affairs.

2. Upon receiving the duplicate of a civil status book for archive, the receiving agency shall check it and make a written record of the handover clearly describing the state and registration data of the book.

3. Civil status books constitute a national asset which shall be permanently archived in accordance with the law on archive.

4. The agency archiving civil status books shall preserve, exploit and use civil status books in accordance with law; and take measures to ensure safety measures against fire and explosion, flooding, humidity and termite.

Article13.Recording in the civil status books contents of civil status change and correction

1. Upon receiving a notice enclosed with a civil status extract copy as prescribed in Clause 3, Article 28 of the Law on Civil Status, civil status officers shall, based on the civil status extract copy, write all contents of change and correction in the civil status book, including serial number and date, month and year; name of granting agency; full name of the signee of the civil status extract copy; and propose the head of the civil status registration agency to sign and append a seal for certification in the book.

If the civil status book has been certified and delivered for archive under Clause 1, Article 12 of this Decree, the civil status officer shall send a report enclosed with the civil status extract copy to the superior civil status management agency for further recording of the contents of change and correction in the corresponding duplicate of the civil status book. The agency receiving the duplicate of the civil status book shall record the contents of change and correction in the corresponding duplicate of the civil status book and its head shall sign and append a seal to certify the recorded content.

2. The head of a civil status registration or management agency receiving a written notice or having the notification duty who fails to record in the civil status book or make such notice and send the civil status extract copy under Clause 3, Article 28 of the Law on Civil Status, shall bear responsibility for consequences of the management, exploitation and use of untruthful civil status information in accordance with law.

Chapter III

CIVIL STATUS REGISTRATION AT COMMUNE-LEVEL
PEOPLE’S COMMITTEES

Section 1

BIRTH REGISTRATION IN SPECIAL CASES

Article14.Birth registration for abandoned children

1. A person who discovers an abandoned child shall protect the child and promptly notify such to the commune-level People’s Committee or public security agency of the place where the child is abandoned. For a child abandoned at a health establishment, the establishment head shall make such a notice.

Upon receiving the notice, the commune-level People’s Committee chairperson or public security chief shall make a written record of the child abandonment; the commune-level People’s Committee shall assign the child to an individual or organization for temporary care in accordance with law.

The written record must specify the time and place of discovery of the child; identification characteristics such as gender, physical state, health, belongings and other articles of the child, if any; full name, personal identification papers and place of residence of the discovering person. It shall be signed by the maker, person discovering the child and witness (if any) and appended with a seal of the making agency.

The written record shall be made in two copies, one to be filed at the making agency and the other to be handed to the individual or organization taking temporary care of the child.

2. After making a written record under Clause 1 of this Article, the commune-level People’s Committee shall post up information about the child abandonment at its head office for 7 consecutive days.

3. After this time limit, if receiving no information about the natural parents of the child, the commune-level People’s Committee shall notify such to the individual or organization taking temporary care of the child to make birth registration for the child. The individual or organization taking temporary care of the child shall make birth registration for the child. The birth registration procedures shall be carried out under Clause 2, Article 16 of the Law on Civil Status.

The family name, middle name and given name of the child shall be determined in accordance with the civil law. If there are no grounds for determining the date, month and year and place of birth of the child, the date and month when he/she is discovered shall be taken as his/her date and month of birth; his/her year of birth shall be determined based on his/her physical state; his/her place of birth is the place where he/she is discovered; his/her native place shall be determined based on his/her place of birth; and his/her citizenship is Vietnamese. The sections about his/her parents and ethnicity in his/her birth certificate and civil status book shall be left blank. The phrase “abandoned child” shall be written in the civil status book.

Article15.Birth registration for children whose parents remain unidentified

1. The commune-level People’s Committee of the place where a child whose parents remain unidentified resides shall make birth registration for him/her.

2. For a child whose father remains unidentified, upon birth registration, his/her family name, ethnicity, native place and citizenship shall be determined according to his/her mother’s; the sections about his/her father in the civil status book and his/her birth certificate shall be left blank.

3. If, upon birth registration, the father requests to carry out child recognition procedures under Clause 1, Article 25 of the Law on Civil Status, the People’s Committee shall settle the child recognition and birth registration concurrently; the contents of birth registration shall be determined under Clause 1, Article 4 of this Decree.

4. For a child whose mother remains unidentified, if, upon birth registration, the father requests to carry out child recognition procedures, his request shall be settled under Clause 3 of this Article; the sections about his/her mother in the civil status book and his/her birth certificate shall be left blank.

5. The procedures for making birth registration for a child who is not abandoned but whose parents remain unidentified shall be carried out under Clause 3, Article 14 of this Decree; the phrase “child with unidentified parents” shall be written in the civil status book.

Article16.Birth registration for children born by surrogate mothers

1. The birth registrant shall submit the papers prescribed in Clause 1, Article 16 of the Law on Civil Status and the written certification of the health establishment that has provided technical assistance for the surrogacy. Information about the child’s parents must be that of the couple requesting surrogacy.

2. The birth registration procedures shall be carried out under Clause 2, Article 16 of the Law on Civil Status; the contents of birth registration shall be determined under Clause 1, Article 4 of this Decree.

Section 2

CIVIL STATUS REGISTRATION IN BORDER AREAS

Article17.Birth registration

1. A commune-level People’s Committee in a border area shall make birth registration for a child born in Vietnam whose father or mother is a Vietnamese citizen permanently residing in its commune while the other parent being a citizen of the neighboring country permanently residing in an administrative unit equivalent to a commune in Vietnam adjacent to the border commune of Vietnam where the Vietnamese citizen permanently resides.

2. A birth registrant shall produce the papers prescribed in Clause 1, Article 2 of this Decree and submit the following:

a/ Papers prescribed in Clause 1, Article 16 of the Law on Civil Status;

b/ The written agreement between the parents on selection of citizenship for the child prescribed in Clause 1, Article 36 of the Law on Civil Status;

c/ Copies of the papers proving the personal identification and permanent residence in the border area of the citizen of the neighboring country.

3. The birth registration procedures shall be carried out under Clause 2, Article 16 of the Law on Civil Status; the contents of birth registration shall be determined under Clause 1, Article 4 of this Decree.

Article18.Marriage registration

1. A commune-level People’s Committee in a border area shall register a marriage between a Vietnamese citizen permanently residing in its commune and a citizen of the neighboring country permanently residing in an administrative unit equivalent to a commune in Vietnam adjacent to the border commune of Vietnam where the Vietnamese citizen permanently resides.

2. The marriage registrant shall produce the papers prescribed in Clause 1, Article 2 of this Decree; and submit a dossier directly to the commune-level People’s Committee. A dossier of marriage registration must comprise the following papers:

a/ The marriage registration declaration made according to a set form; the male and female partners may use a common declaration;

b/ A paper granted by a competent agency of the neighboring country within 6 months prior to the date of receipt of the dossier, certifying that the citizen of the neighboring country is currently single;

c/ Copies of the papers proving the personal identification and permanent residence in the border area of the citizen of the neighboring country.

3. Within 3 working days after receiving a valid dossier, the justice and civil status officer shall check and verify the dossier and report it to the People’s Committee chairperson for decision. If verification is needed, the time limit for settlement is 8 working days.

If the male and female partners are eligible for marriage in accordance with the Law on Marriage and Family, the commune-level People’s Committee chairperson shall sign the marriage certificate, the justice and civil status officer shall record the marriage in the civil status book, and together with the male and female partners sign and write their full names in the civil status book and marriage certificate; each spouse shall be handed one original marriage certificate.

Article19.Parent and child recognition registration

1. A commune-level People’s Committee in a border area shall register parent and child recognition between a Vietnamese citizen permanently residing in its commune and a citizen of the neighboring country permanently residing in an administrative unit equivalent to a commune in Vietnam adjacent to the border commune of Vietnam where the Vietnamese citizen permanently resides.

2.  The parent and child recognition registrant shall produce the papers prescribed in Clause 1, Article 2 of this Decree and submit a dossier directly to the commune-level People’s Committee. A dossier of registration of parent and child recognition must comprise the following papers:

a/ The parent and child recognition declaration, made according to a set form;

b/ Papers and documents proving the father-child or mother-child relationship;

c/ Copies of the papers proving the personal identification and permanent residence in the border area of the citizen of the neighboring country.

3. Within 7 working days after receiving a valid dossier, the justice and civil status officer shall check the dossier, post up information about the parent and child recognition at the head office of the commune-level People’s Committee and report it to the commune-level People’s Committee chairperson for decision. If verification is needed, the time limit for settlement is 12 working days.

If finding the parent and child recognition proper and dispute-free, the justice and civil status officer shall record the recognition in the civil status book, and together with the requester sign and write their full names in the civil status book. The commune-level People’s Committee chairperson shall sign to grant to each party one original of the civil status extract copy.

Article20.Death registration

1. Commune-level People’s Committees in border areas shall make death registration for the deceased who are foreigners residing in their communes.

2. A death registrant shall submit the death registration declaration made according to a set form and the original death notice or a substitute paper as prescribed in Clause 2, Article 4 of this Decree.

3. Upon receipt of a dossier, if finding that the death declaration is proper, the justice and civil status officer shall write it in the civil status book, and together with the death registrant sign and write their full names in the civil status book; and propose the commune-level People’s Committee chairperson to sign and grant the original civil status extract copy to the registrant.

If verification is needed, the time limit for settlement is 3 working days.

4. After making death registration, the commune-level People’s Committee shall issue a written notice and send it together with the civil status extract copy to the Ministry of Foreign Affairs for notification to a competent agency of the country of which the deceased bears the citizenship

Section 3

GRANT OF MARITAL STATUS CERTIFICATES

Article21.Competence to grant marital status certificates

1. Commune-level People’s Committees of places where Vietnamese citizens permanently reside shall grant marital status certificates.

For a Vietnamese citizen who has no permanent residence but has made temporary residence registration in accordance with the law on residence, the commune-level People’s Committee of the place where such citizen registers his/her temporary residence shall grant him/her a marital status certificate.

2.  The provisions in Clause 1 of this Article shall also apply to the grant of marital status certificates to foreign citizens and stateless persons residing in Vietnam upon request.

Article22.Procedures for grant of marital status certificates

1. Requesters for marital status certification shall submit a declaration made according to a set form. If requesting marital status certification for marriage purpose, the requester must meet all marriage conditions prescribed by the Law on Marriage and Family.

2. If the requester for marital status certification is a divorcee or widower, he/she shall produce valid papers to prove his/her current status; if falling into the case prescribed in Clause 2, Article 37 of this Decree, he/she shall submit the relevant civil status extract copy.

3. Within 3 working days after receiving a valid dossier, the justice and civil status officer shall check and verify the marital status of the requester. If the requester is eligible and the grant of a marital status certificate is lawful, the justice and civil status officer shall propose the commune-level People’s Committee chairperson to grant a marital status certificate to the requester. The contents of a marital status certificate must reflect the actual marital status of the requester and the use purpose of the certificate.

4. If the requester for marital status certification has registered his/her permanent residence in different places, he/she shall prove his/her marital status. If he/she is unable to prove, the justice and civil status officer shall propose the commune-level People’s Committee to issue a written request to commune-level People’s Committees to certify the marital status of such person during the time he/she resided in their localities.

Within 3 working days after receiving a written request, the requested commune-level People’s Committee shall check and verify and issue a written reply to the requesting commune-level People’s Committee about the marital status of the person concerned during the period of residence in the locality.

5. Right on the date of receipt of written replies, if having sufficient grounds, the commune-level People’s Committee shall grant a marital status certificate to the requester under Clause 3 of this Article.

6. If requesting re-grant of a marital status certificate for another purpose or because the current marital status certificate has expired under Article 23 of this Decree, the requester shall return the granted marital status certificate.

Article23.Use validity of the marital status certificate

1. The marital status certificate must be valid for 6 months from the date of its grant.

2. The marital status certificate may be used for marriage at a competent Vietnamese agency or at a competent foreign agency, or for another purpose.

3. A marital status certificate is not valid for use for a purpose other than that stated therein.

Section 4

BIRTH, MARRIAGE AND DEATH RE-REGISTRATION

Article24.Conditions for birth, marriage and death re-registration

1. A birth, marriage or death that has been registered with a competent Vietnamese agency before January 1, 2016, may be re-registered if the civil status book and original civil status papers are lost.

2. A birth, marriage or death re-registrant shall submit all copies of papers and documents related to the re-registration.

3. Birth or marriage re-registration may be made only if the re-registrant is still alive at the time of receipt of the dossier.

Article25.Competence to re-register birth, marriage and death

1. Commune-level People’s Committees of places where the birth or marriage was previously registered or commune-level People’s Committees of places where the re-registrant permanently resides shall make re-registration of his/her birth or marriage.

2. Commune-level People’s Committees of places where the death was previously registered shall make re-registration of the death.

Article26.Birth re-registration procedures

1. A dossier of birth re-registration must comprise the following papers:

a/ The declaration made according to a set form, containing the re-registrant’s commitment that the birth registration has been made but he/she no longer retains the original birth certificate;

b/ Copies of all documents and papers about the re-registrant, or other papers and documents containing information relating to his/her birth certification;

c/ If the birth re-registrant is a cadre, civil servant, public employee or person working in the armed forces, in addition to the papers prescribed at Points a and b of this Clause, a written certification by the head of his/her agency or unit that his/her birth declaration details, including family name, middle name and given name; gender; date of birth; ethnicity; citizenship; native place; father and child relationship, mother and child relationship, are consistent with the dossier such agency or unit is managing is required.

2. Within 5 working days after receiving the dossier, the justice and civil status officer shall check and verify the dossier. If the birth re-registration is lawful, he/she shall make birth re-registration according to the order prescribed in Clause 2, Article 16 of the Law on Civil Status.

If the birth re-registration is made at the commune-level People’s Committee of a place other than the previous place of birth registration, the justice and civil status officer shall propose the People’s Committee chairperson to request the People’s Committee of the previous place of birth registration to check and verify whether the civil status book is still preserved in the locality.

Within 5 working days after receiving the written request, the People’s Committee of the previous place of birth registration shall check and verify and issue a written reply as to whether or not the civil status book is still preserved.

3. Within 3 working days after receiving the verification result that the civil status book is no longer kept at the previous place of birth registration, if finding that the dossier is complete, accurate and lawful, the justice and civil status officer shall make birth re-registration under Clause 2, Article 16 of the Law on Civil Status.

4. If the re-registrant has a valid duplicate of the original birth certificate, the contents of birth registration shall be written according to the duplicate of the birth certificate; the information about parents shall be written according to the information available at the time of birth re-registration.

5. If the re-registrant has no duplicate of the birth certificate but his/her personal documents and papers are consistent in the contents of birth registration, re-registration shall be made according to such contents. If his/her documents and papers are inconsistent in the contents of birth registration, the contents of birth registration shall be determined according to the valid documents and papers issued by a competent state agency at the earliest time; particularly for cadres, civil servants, public employees and persons working in the armed forces, the contents of birth registration shall be determined according to the document granted by the head of the agency or unit prescribed at Point c, Clause 1 of this Article.

6. The Ministry of Justice shall guide in detail dossiers, papers and documents to be used for birth-registration prescribed in this Article.

Article27.Marriage re-registration procedures

1. A dossier of marriage re-registration must comprise the following papers:

a/ A declaration made according to a set form;

b/ A copy of the previously granted marriage certificate; or personal documents and papers containing information relating to marriage registration, if this copy is unavailable.

2. Within 5 working days after receiving a dossier, the justice and civil status officer shall check and verify the dossier. If finding that the dossier is complete, accurate and lawful, the justice and civil status officer shall make birth re-registration under Clause 2, Article 18 of the Law on Civil Status.

If the marriage re-registration is made at the commune-level People’s Committee of a place other than the previous place of marriage registration, the justice and civil status officer shall propose the People’s Committee chairperson to send a written request to the People’s Committee of the previous place of marriage registration to check and verify whether the civil status book is still preserved in the locality.

Within 5 working days after receiving the written request, the People’s Committee of the previous place of marriage registration shall check and verify and issue a written reply as to whether or not the civil status book is still preserved.

3. Within 3 working days after receiving the verification result that the civil status book is no longer preserved at the previous place of marriage registration, if finding that the dossier is complete, accurate and lawful, the justice and civil status officer shall make birth re-registration under Clause 2 of this Article.

4. The marital relationship shall be recognized from the previous date of marriage registration and clearly written in the marriage certificate. If the previous date of marriage registration is unidentifiable, the marital status shall be recognized from January 1 of the previous year of marriage registration.

Article28.Death re-registration procedures

1. A dossier of death re-registration must comprise the following papers:

a/ A declaration made according to a set form;

b/ A copy of the previously granted death certificate; or copies of documents and papers proving the death, if this copy is unavailable;

2.  Within 5 working days after receiving a dossier, the justice and civil status officer shall check and verify the dossier. If finding that the information is complete and accurate, and the death re-registration is lawful, the justice and civil status officer shall propose the People’s Committee chairperson to grant an original civil status extract to the re-registrant; record the death re-registration in the civil status book, and together with the re-registrant to sign and write their full names in the civil status book.

If verification is needed, the time limit for settlement is 10 working days.

Chapter IV

CIVIL STATUS REGISTRATION AT DISTRICT-LEVEL
PEOPLE’S COMMITTEES

Section 1

BIRTH AND MARRIAGE REGISTRATION

Article29.Birth registration for children born abroad and taken to reside in the country

1. District-level People’s Committees of the places of residence of children born abroad but not yet having their birth registered whose parent or parents is/are Vietnamese citizen(s) shall make birth registration for such children.

2. The birth registrant shall produce papers proving that the child is residing in Vietnam, and submit the following:

a/ A declaration made according to a set form;

b/ The birth certification paper or other papers granted by a competent foreign agency certifying that the child was born abroad and proving the mother-child relationship, if any;

c/ The parents’ written agreement on selection of citizenship for the child under Clause 1, Article 36 of the Law on Civil Status, if the child has a parent being a Vietnamese citizen and the other being a foreign citizen.

3. In case no papers prescribed at Point b, Clause 2 of this Article are available, birth registration shall be made according to the procedures prescribed in Clause 5, Article 15 of this Decree.

4. Right on the day of receipt of the request, the district-level Justice Division shall check the dossier. If finding that the dossier is complete, accurate and lawful, it shall make registration according to the order and procedures prescribed in Clause 2, Article 36 of the Law on Civil Status. Contents of birth registration shall be determined under Clause 1, Article 4 of this Decree.

Article30.Marriage registration dossiers

1. Marriage registration dossiers shall be compiled under Clause 1, Article 38 of the Law on Civil Status and according to the following provisions:

a/ The male and female partners may use a common marriage registration declaration form;

b/ Paper proving the marital status of a foreigner is the paper which is granted by a competent foreign agency, remains valid and certifies that such person is single. In case a foreign country does not grant marital status certificates, such certificate may be replaced with a paper granted by a competent foreign agency certifying that the person concerned is eligible for marriage under the law of such country.

If the paper proving the marital status of a foreigner does not specify its validity period, this paper and the written certification of a health establishment prescribed in Clause 1, Article 38 of the Law on Civil Status are valid for only 6 months from the date of grant.

2. In case a foreigner has no passport to produce under Clause 1, Article 2 of this Decree, he/she may produce his/her international travel paper or residence card.

3. In addition to the papers specified in Clause 1 of this Article, if a partner is a Vietnamese citizen who has divorced or canceled his/her marriage at a competent foreign agency, he/she shall also submit the civil status extract copy showing that his/her divorce or marriage cancellation has been recorded under Clause 2, Article 36 of this Decree; a partner who is a civil servant or public employee or is serving in the armed forces shall also submit his/her managing agency’s written certification that his/her marriage with a foreigners does not contravene the regulations of its sector.

Article31.Order of marriage registration

The order of marriage registration must comply with Clauses 2, 3 and 4, Article 38 of the Law on Civil Status and the following provisions:

1. Within 10 working days after receiving a valid dossier, the district-level Justice Division shall study and appraise the dossier and conduct verification, if necessary. The head of the district-level Justice Division shall take responsibility for the appraisal result and the Division’s proposal on the settlement of the marriage registration dossier.

2.  If the dossier is valid, and the partners are eligible for marriage in accordance with the Law on Marriage and Family and do not fall into the case in which marriage shall not be registered prescribed in Article 33 of this Decree, the district-level Justice Division shall report it to the district-level People’s Committee chairperson to sign two original marriage certificates.

3. Based on specific conditions, the Ministry of Justice shall propose the Prime Minister to add the interviewing formality in the settlement of marriage registration requests in order to ensure the lawful rights and interests of partners and the effectiveness of state management.

Article32.Organization of handover of marriage certificates

1. Within 3 working days after the district-level People’s Committee chairperson signs the marriage certificate, the district-level Justice Division shall organize the handover of the marriage certificate to the male and female partners.

2. The handover and receipt of the marriage certificate must comply with Clause 3, Article 38 of the Law on Civil Status.

The marriage certificate is valid on the date it is recorded in the book and handed over to the partners under this Clause.

3. In case either partner cannot be present to receive the marriage certificate, at their written request, the district-level Justice Division shall extend the time limit for handover of the marriage certificate but the extension must not exceed 60 days from the date the district-level People’s Committee chairperson signs the marriage certificate. Past the 60-day time limit, if both partners fail to come to receive the marriage certificate, the district-level Justice Division shall propose the district-level People’s Committee chairperson to cancel the signed marriage certificate.

If the two partners still wish to marry each other, they shall carry out again the marriage registration procedures.

Article33.Refusal of marriage registration

1. Marriage registration shall be refused if either partner violates or both partners violate the prohibitions or is/are ineligible for marriage in accordance with the Law on Marriage and Family.

2. If the district-level People’s Committee refuses to register a marriage, the district-level Justice Division shall issue a written notice clearly stating the reason to the two partners.

Section 2

RECORDING IN THE CIVIL STATUS BOOK OF MARRIAGES OF VIETNAMESE CITIZENS SETTLED ABROAD

Article34.Conditions for recording in the civil status book marriages of Vietnamese citizens settled at competent foreign agencies abroad

1. The marriage between Vietnamese citizens or between a Vietnamese citizen and a foreigner already settled at a competent foreign agency abroad shall be recorded in the civil status book, provided that at the time of marriage, the partners were eligible for marriage and did not violate the prohibitions prescribed by the Law on Marriage and Family of Vietnam.

2.  If at the time of registration at a competent foreign agency, the marriage failed to satisfy the marriage conditions but did not violate the prohibitions prescribed by the Law on Marriage and Family, but at the time of request for recording in the civil status book, the consequences have been remedied or the recording aims to protect the interests of Vietnamese citizens and children, such marriage shall also be recorded in the civil status book.

Article35.Order and procedures for marriage recording

1. A dossier for marriage recording shall be submitted by either partner at a competent agency prescribed in Clause 1, Article 48 of the Law on Civil Status, comprising the following papers:

a/ The declaration made according to a set form;

b/ Copies of papers certifying the marriage granted by a competent foreign agency;

c/ In addition to the papers prescribed at Points a and b of this Clause, if the dossier is sent by post, copies of papers of both partners prescribed in Clause 1, Article 2 of this Decree shall also be submitted; for a Vietnamese citizen who has divorced or cancelled his/her marriage at a competent foreign agency, he/she shall also submit an extract proving the recording in the civil status book of the divorce or marriage cancellation as prescribed in Clause 2, Article 37 of this Decree.

2. The time limit for recording a marriage in the civil status book is 5 working days from the date the district-level Justice Division receives the dossier.

If verification is needed, the time limit for settlement is 10 working days.

3. The procedures of recording a marriage in the civil status book must comply with Clause 2, Article 50 of the Law on Civil Status and the following provisions:

a/ If finding that the request for recording of the marriage in the civil status book satisfies all conditions prescribed in Article 34 of this Decree, the head of the district-level Justice Division shall record it, and propose the district-level People’s Committee chairperson to sign the original civil status extract and grant it to the requester;

b/ If finding that the request for recording of the marriage in the civil status book falls into any of the cases prescribed in Clause 1, Article 36 of this Decree, the head of the district-level Justice Division shall report it to the district-level People’s Committee chairperson for refusal.

Article36.Refusal to record marriages in the civil status book

1. A request for recording of a marriage in the civil status book shall be refused in one of the following cases:

a/ The marriage violates the prohibitions prescribed by the Law on Marriage and Family;

b/ The Vietnamese citizen marries the foreigner at a Vietnam-based foreign diplomatic mission or consular representative agency.

2. In case the district-level People’s Committee refuses to record a marriage in the civil status book, the district-level Justice Division shall issue a written notice clearly stating the reason for refusal to the requester.

Section 3

RECORDING IN THE CIVIL STATUS BOOK OF DIVORCES AND MARRIAGE CANCELLATIONS SETTLED ABROAD

Article37.Recording in the civil status book of divorces and marriage cancellations

1. Judgments and rulings on divorce or marriage cancellation or written agreements on divorce which have become legally effective, or other papers recognizing divorce granted by competent foreign agencies (below referred to as divorce papers) which do not violate the Law on Marriage and Family, shall be recorded in the civil status book.

2. Vietnamese citizens who divorced or canceled marriages abroad, then return to reside in Vietnam or carry out procedures to register their new marriages at competent Vietnamese agencies shall have their divorces or marriage cancellations settled abroad recorded in the civil status book (below referred to as divorce recording). For those who have divorced or cancelled marriages more than once, they shall carry out procedures for recording the last divorce.

3. Based on official information it has received, the Ministry of Justice shall post on its e-portal the list of judgments and rulings on divorces or marriage cancellations of Vietnamese citizens settled by competent foreign agencies for which there are petitions for enforcement or non-recognition in Vietnam.

Article38.Competence to record divorces

The competence to record divorces shall be determined under Clause 2, Article 48 of the Law on Civil Status and the following provisions:

1. District-level People’s Committees of previous places of marriage registration or recording in the civil status book shall record divorces.

In case the marriage or recording of marriage was previously conducted at a provincial-level Justice Department, the district-level People’s Committee of the place of residence of the Vietnamese citizen shall record his/her divorce.

In case the marriage was previously registered at a commune-level People’s Committee, the superior district-level People’s Committee shall record his/her divorce.

In case the Vietnamese citizen does not permanently reside in Vietnam, the district-level People’s Committee of the place where the Vietnamese citizen resided before leaving the country shall record his/her divorce.

2. For a Vietnamese citizen whose marriage was previously registered at a representative mission or competent foreign agency returning from abroad to permanently reside in Vietnam and requesting recording of his/her divorce, the district-level People’s Committee of the place where the Vietnamese citizen permanently resides shall record his/her divorce.

3. For a Vietnamese citizen whose marriage was previously registered at a representative mission or competent foreign agency returning from abroad to permanently reside in Vietnam and requesting recording of his/her divorce in order to re-marry, the district-level People’s Committee that receives the dossier of his/her re-marriage shall record his/her divorce.

Article39.Procedures for recording divorces

1. A dossier for recording a divorce must comprise the following papers:

a/ The declaration made according to a set form;

b/ A copy of the legally effective divorce paper.

2. The procedures for recording a divorce must comply with Clause 2, Article 50 of the Law on Civil Status and the following provisions:

a/ Within 5 working days after receiving a valid dossier as prescribed in Clause 1 of this Article, the civil status officer of the district-level Justice Division shall check the dossier. If the recording of the divorce does not violate the provisions of Clause 1, Article 37, or does not fall into a case to be posted on the e-portal of the Ministry of Justice as prescribed in Clause 3, Article 37 of this Decree, the head of the district-level Justice Division shall record it in the civil status book, and propose the district-level People’s Committee chairperson to sign the original civil status extract and grant it to the requester.

If verification is needed, the time limit for settlement is 10 working days.

b/ If the request for recording of a divorce violates Clause 1, Article 37, or falls into a case to be posted on the e-portal of the Ministry of Justice as prescribed in Clause 3, Article 37 of this Decree, the head of the district-level Justice Division shall propose the district-level People’s Committee chairperson to refuse it.

c/ If the marriage was previously registered at a commune-level People’s Committee or a provincial-level Justice Department, after recording the divorce, the district-level Justice Division shall send a written notice together with a civil status extract copy to the commune-level People’s Committee or provincial-level Justice Department for further recording in the civil status book; if the marriage was registered at a representative mission, such notice shall be sent to the Ministry of Foreign Affairs for notification to the representative mission to further record it in the civil status book.

Section 4

BIRTH, MARRIAGE AND DEATH RE-REGISTRATION

Article40.Conditions for birth, marriage and death re-registration

1. The birth, marriage or death of an overseas Vietnamese or a foreigner already registered with a competent Vietnamese agency before January 1, 2016, may be re-registered if all the civil status book and original civil status papers are lost.

2. A birth or marriage may be re-registered only if the requester is still alive at the time of making the re-registration request.

Article41.Competence to re-register births, marriages and deaths

1. District-level People’s Committees which have registered births, marriages or deaths shall re-register such births, marriages or deaths.

2. For a birth, marriage or death previously registered at a commune-level People’s Committee, its re-registration shall be made by the superior district-level People’s Committee.

3. For a birth, marriage or death previously registered at a provincial-level People’s Committee or Justice Department, its re-registration shall be made by the district-level People’s Committee of the place of residence of the requester; if the requester does not reside in Vietnam, the district-level People’s Committee of the place where the provincial-level Justice Department is currently based shall make re-registration.

Article42.Birth, marriage and death re-registration procedures

The birth, marriage and death re-registration procedures shall be carried out similarly according to Articles 26, 27 and 28 of this Decree.

Chapter IV

IMPLEMENTATION PROVISIONS

Article43.Implementation responsibility

1. Provincial-level People’s Committee chairpersons shall direct the performance of tasks prescribed by the Law on Civil Status and this Decree, and implement the following measures to ensure effective civil status registration and management in localities:

a/ To plan and organize training and arrangement of civil status officers at district and commune levels in accordance with the Law on Civil Status and this Decree;

b/ To arrange funds and physical foundations to meet requirements of civil status registration and management work in localities;

c/ To organize inspection, examination and settlement of complaints and denunciations and handling of violations of the law on civil status according to their competence.

2. Chairpersons of district- and commune-level People’s Committee shall direct the performance of tasks prescribed by the Law on Civil Status and this Decree, and implement the following measures to ensure effective civil status registration and management in localities:

a/ To direct civil status officers to register completely, timely and lawfully civil status events occurring in localities; to notify the civil status registration and update civil status events in accordance with the Law on Civil Status;

b/ To direct local agencies and sectors to closely coordinate with civil status officers in urging and reviewing births and deaths not yet registered in localities, and take measures to solve problems, ensuring the people’s right to civil status registration;

c/ Based on  practical conditions, to plan and arrange resources and funds for and direct mobile civil status registration work in localities under the guidance of the Ministry of Justice.

3. People’s Committee chairpersons of all levels shall take responsibility for the recruitment and arrangement of civil status officers in violation of the Law on Civil Status and this Decree.

Article44.Transitional provisions

1. Dossiers of request for civil status registration which are received by the civil status registration agencies before January 1, 2016, and remain unsettled shall be further settled under the Government’s Decree No. 158/2005/ND-CP of December 27, 2005, on civil status registration and management, and Decree No. 126/2014/ND-CP of December 31, 2014, detailing a number of articles and measures to implement the Law on Marriage and Family.

2. For male and female partners living together like husband and wife before January 3, 1987, and having not yet registered their marriage shall be encouraged and provided with conditions to register their marriages. Their marital relationship shall be recognized from the date they established their co-living relationship like husband and wife. The competence and procedures for registering their marriages must comply with Articles 17 and 18 of the Law on Civil Status.

Article45.Effect

1. This Decree takes effect on January 1, 2016.

2. To annul the following legal documents and provisions:

a/ The Government’s Decree No. 77/2001/ND-CP of October 22, 2001, detailing the marriage registration under the National Assembly’s Resolution No. 35/2000/QH10 on the implementation of the Law on Marriage and Family;

b/ The Government’s Decree No. 158/2005/ND-CP of December 27, 2005, on civil status registration and management;

c/ Articles 1 and 3 of the Government’s Decree No. 06/2012/ND-CP of February 2, 2012, amending and supplementing a number of articles of the decrees on civil status, marriage and family, and certification;

d/ Articles 3, 5 and 44 of the Government’s Decree No. 24/2013/ND-CP of March 28, 2013, detailing the provisions of the Law on Marriage and Family regarding marriage and family relations involving foreign elements;

dd/ Sections 1 thru 6 of Chapter III, including Articles 19 thru 50, and Point a, Clause 1, Article 63, of the Government’s Decree No. 126/2014/ND-CP of December 31, 2014, detailing a number of articles of, and measures to implement, the Law on Marriage and Family.

3. To amend Clause 2, Article 63 of the Government’s Decree No. 126/2014/ND-CP of December 31, 2014, detailing a number of articles of, and measures to implement, the Law on Marriage and Family, as follows:

“2. Provincial-level Justice Departments shall assist provincial-level People’s Committees in performing the state management of marriage and family involving foreign elements in localities, and perform specific tasks and powers prescribed in this Decree.”

4. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN TAN DUNG