Joint Circular No. 11/2008/TTLT-BTP-BNG dated December 31, 2008 of the Ministry of Justice and the Ministry of Foreign Affairs guiding the implementation of the Government’s Decree No. 158/2005/ND-CP of December 27, 2005 on civil status registration and management at overseas diplomatic missions and consulates of Vietnam

JOINT CIRCULAR

GUIDING THE IMPLEMENTATION OF THE GOVERNMENT'S DECREE NO. 158/2005/ND-CP OF DECEMBER 27, 2005 ON CIVIL STATUS REGISTRATION AND MANAGEMENT AT OVERSEAS DIPLOMATIC MISSIONS AND CONSULATES OF VIETNAM

Pursuant to the Government's Decree No. 93/ 2008/ND-CP of August 22, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Justice;

Pursuant to the Government's Decree No. 15/ 2008/ND-CP of February 4, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Foreign Affairs;

Pursuant to the Government's Decree No. 158/ 2005/ND-CP of December27, 2005, on civil status registration and management;

The Ministry of Justice and the Ministry of Foreign Affairs jointly guide the implementation of a number of provisions of the Government's Decree No. 158/2005/ND-CP of December 27, 2005, on civil status registration and management at overseas diplomatic missions and consulates of Vietnam, as follows;

I. GENERAL PROVISIONS

1. Scope and subjects of regulation

a/ This Joint Circular guides the implementation of Article 80 of the Government's Decree No. 158/2005/ND-CP of December 27, 2005, on civil status registration and management (below referred to as Decree No. 158/2005/ND-CP) at overseas diplomatic missions and consulates of Vietnam, covering:

- Birth registration for children born overseas and bearing the Vietnamese nationality under the Law on Vietnamese Nationality;

- Marriage registration between two Vietnamese citizens temporarily residing overseas;

- Death registration for Vietnamese citizens dying overseas;

- Registration of child adoption between child adopters being Vietnamese citizens temporarily residing overseas and adopted children being Vietnamese citizens temporarily residing overseas;

- Registration of guardianship between Vietnamese citizens residing overseas or between Vietnamese citizens residing overseas and foreigners;

- Registration of recognition of fathers, mothers or children between recognizers and recognized persons being Vietnamese citizens temporarily residing overseas;

- Registration of civil status changes or correction, re-determination of ethnicity, re-determination of gender, civil status supplementation or adjustment for Vietnamese citizens, which have already been registered at Vietnamese missions or at competent foreign agencies and noted in the civil status books at Vietnamese missions;

- Recording of other civil status changes of Vietnamese citizens residing overseas, including determination of fathers, mothers or children; change of citizenship; divorce; cancellation of illegal marriage; termination of child adoption;

- Overdue birth or death registration for Vietnamese citizens residing overseas;

- Re-registration of birth, death, marriage or child adoption for Vietnamese citizens residing overseas, which were previously registered at Vietnamese missions;

- Recording of births; marriages; recognition of fathers, mothers or children; or child adoption of Vietnamese citizens residing overseas, which have been registered at competent foreign offices;

- Re-issuance of original birth certificates; issue of duplicates of civil status papers from civil status books for Vietnamese citizens who have registered their civil status at Vietnamese missions where the registration books of such civil status events are kept;

- Issue of marital status certificates to Vietnamese citizens during their stay overseas.

b/ The following civil status matters comply with the Government's Decree No. 68/2002/ND-CP of July 10, 2002, detailing the implementation of a number of articles of the Law on Marriage and Family, regarding marriage and family relations involving foreign elements (below referred to as Decree No. 68/2002/ND-CP) and Decree No. 69/2006/ND-CP of July 21, 2006, amending and supplementing a number of articles of Decree No. 68/2002/ND-CP:

- Registration of marriages between Vietnamese citizens with either partner or both partners residing overseas; or registration of marriages between Vietnamese citizens residing overseas and foreigners;

- Registration of recognition of fathers, mothers or children between Vietnamese citizens with either party or both parties residing overseas; or registration of recognition of fathers, mothers or children between Vietnamese citizens residing overseas and foreigners;

- Registration of child adoption between Vietnamese citizens with either party or both parties residing overseas; or registration of child adoption between foreigners residing in receiving countries and applying for adoption of Vietnamese children residing in those countries.

2. Determination of civil status registration competence

a/ For countries where Vietnam has established its missions, civil status registration guided in this Joint Circular shall be carried out at the Vietnamese missions in the consular areas where the parties concerned reside;

b/ For countries which have not yet established diplomatic ties with Vietnam or where Vietnam has not yet established its missions, civil status registration guided in this Joint Circular shall be carried out at one of the following agencies:

- Nearest Vietnamese mission;

- Cross-accredited Vietnamese mission in concerned countries;

- Other offices authorized by the Ministry of Foreign Affairs to perform the consular function.

3. Interpretation of terms

In this Joint Circular, the terms below are construed as follows:

a/ "Vietnamese citizen residing overseas" means a Vietnamese citizen permanently or temporarily residing overseas;

b/ "Vietnamese citizen permanently residing overseas" mean the one who bears the Vietnamese nationality, resides and earns his/ her livelihood overseas and is granted by the host country a paper permitting his/her definite residence overseas;

c/ "Vietnamese citizen temporarily residing overseas" mean the one who bears the Vietnamese nationality, works or studies for a definite time overseas and is granted by the host country a paper permitting his/her definite temporary residence overseas.

4. Personal papers to be submitted for civil status registration

Upon civil status registration at a Vietnamese mission, the parties concerned shall submit copies of the following papers to prove their personal identity and residence places:

- Passports or papers of equivalent validity (such as ship crew passport, border laissez-passer; exit or entry pass, repatriation pass or passage of permit); if having no passports or papers of equivalent validity, they may produce other papers evidencing their personal identity (such as identity cards, household registration books, citizenship registration certificates, latest voter's cards...).

- Papers evidencing their residential status in the host country.

Upon submitting copies of the above-said papers, the parties concerned shall produce their originals for comparison.

5. Using civil status forms

Upon registration of civil status events as guided in Section II of this Joint Circular, Vietnamese missions shall use the civil status forms attached to Decision No. 04/2007/QD-BTPof June 13, 2007, of the Minister of Justice, promulgating household registration books and civil status forms to be used at overseas Vietnamese diplomatic missions and consulates (below referred to as Decision No. 04/2007/QD-BTP).

II. CIVIL STATUS REGISTRATION

1. Birth registration

a/ Vietnamese missions in countries where the children concerned are born or countries where the children's fathers and/or mothers being Vietnamese citizens reside shall carry out birth registration.

Vietnamese missions shall only make birth registration for children if their parents agree to select the Vietnamese nationality for their children under the Law on Vietnamese Nationality.

b/ The order or and procedures for birth registration for children are the same as those prescribed in Article 15 of Decree No. 158/2(X)5/ ND-CP.

c/ In case of birth registration for children with fathers or mothers being Vietnamese citizens while the others are foreigners, the determination of nationality for children complies with the Law on Vietnamese Nationality.

d/ Determination of family names and native places

Upon birth registration, the infants' family names and native places will be determined according to the family names and native places of their fathers or of their mothers according to customs or agreements between their fathers and mothers.

In case of birth registration for out-of-wedlock children, if having no decisions to recognize the fathers for those children, the children's family names and native places will be determined according to the family names and native places of their mothers.

e/ Recording of birth places

For a child born overseas, the birth place column will be written with the name of the city and country where the child is born (Example: London, the United Kingdom of Great Britain and Northern Ireland; Berlin, the Federal Republic of Germany).

f/ In case of birth registration for an out-of-wedlock child, if at the time of birth registration a person declares that he is father of that child, the concerned Vietnamese mission shall settle the child recognition and birth registration altogether. If the child recognizer is a foreigner or a Vietnamese residing overseas, the child recognition registration complies with Decree No. 68/2002/ND-CP; if the child recognizer is a Vietnamese national temporarily residing overseas, the child recognition registration complies with Decree No. 158/2005/ND-CP and this Joint Circular. When combining child recognition with birth registration, heads of Vietnamese missions shall also issue decisions on child recognition to the persons concerned.

2. Marriage registration

a/ Vietnamese missions in countries where either or both of the marital partners being Vietnamese citizens temporarily reside shall carry out marriage registration;

b/ Upon registration of their marriage, both marital partners shall submit the marriage registration declaration (made according to a set form) and certifications or affirmations of their marital status as guided at Points c, d and e of this Clause;

c/ If either marital partner temporarily resides in another country, the Vietnamese mission which receives the marriage registration dossier, when registering their marriage, shall contact the Vietnamese mission in the locality where the involved person temporarily resides at the time of marriage registration for verification of his/her marital status during his/her temporary residence in that country.

Within 5 working days, the Vietnamese mission which receives the verification request shall reply in writing, clearly stating the marital status of the involved person during his/her temporary residence in.... that country (Example: Mr. Nguyen Van A is temporarily residing in.... the Federal Republic of Germany; during his temporary residence in.... the Federal Republic of Germany from date to date he did not register marriage with anyone at the Vietnamese Embassy in the Federal Republic of Germany; for married persons who have divorced or whose spouses have died, such must also be recorded. (Example: Mr. Nguyen Van A is temporarily residing in..., the Federal Republic of Germany; during his temporary residence in.... the Federal Republic of Germany from date to date, he registered his marriage at but has divorced under Divorce Judgment/Decision No dated of....).

Five working days after sending its verification request, if the Vietnamese mission, which received the marriage registration dossier, has received no written reply of the concerned Vietnamese mission on the marital status of the involved person, it may request the involved person to submit his/her written commitment on his/her marital status under the guidance at Point e of this Clause;

d/ If upon their exit, either or both of the marital partners have reached the eligible ages for marriage under Vietnam's Law on Marriage and Family, when applying for their marriage registration, those persons shall additionally submit the written certifications of their marital status, issued by the commune-level People's Committees of the localities where they last reside before their exit.

Where the male or female partner can prove that before their departure overseas, they have not yet reached the eligible ages for marriage or have reached the marital ages and registered their marriage, then divorced overseas, or their spouses have died, written certification of his/ her marital status as guided at this Point is not required;

e/ For persons who have resided at different places (both at home and overseas), when applying for their marriage registration, they shall, apart from the marital status certification as guided at Points c and d of this Clause, additionally submit the written commitments on their marital status during their residence in those places and take responsibility before law for their commitments.

Such a commitment must clearly state the marital status. (Example: I, Nguyen Van A, residing at commit that during my residence at.... from date to date.... has not registered marriage with anyone. I swear to take responsibility before law for my commitment). For persons who have registered their marriages but divorced or their spouses have died, they shall also clearly so state. (Example: I. Nguyen Van A, currently residing at.... commit that during my residence at from date... to date....I have registered my marriage but have already divorced under Divorce Judgment/Decision No dated of... and have so far not yet registered marriage with anyone. I swear to take responsibility before law for my commitment);.

f/ The time limits for handling and organization of marriage registration are the same as those prescribed in Clauses 2 and 3, Article 18 of Decree No. 158/2005/ND-CP;

g/ If two marital partners temporarily reside in two different countries, the Vietnamese mission which has registered their marriage shall notify the concerned Vietnamese mission thereof in writing.

3. Death registration

a/ Vietnamese missions in the countries where Vietnamese citizens have died shall carry out death registration;

b/ Death registrants shall submit death notices or written death certifications issued by competent foreign bodies.

c/ In case Vietnamese citizens reside in other countries, the Vietnamese missions which have registered their deaths shall notify in writing this to the Vietnamese missions in the countries where the Vietnamese citizens last reside before their death;

d/ The death registration order complies with Clause 2, Article 21 of Decree No. 158/2005/ND-CP.

4. Child adoption registration

a/ Vietnamese missions in the countries where child adopters or the countries where adopted children being Vietnamese citizens temporarily reside shall register child adoption;

b/ If the child adoption is registered at a Vietnamese mission in the country where the adopted child temporarily resides, not in the temporary residence place of the child adopters, there must be certification of the Vietnamese mission in the country where the child adopter temporary resides that those persons are eligible for child adoption under the Law on Marriage and Family;

c/ The order of and procedures for registration of child adoption comply with Articles 26 and 27 of Decree No. 158/2005/ND-CP;

d/ In case the natural fathers and/or mothers and the adoptive fathers and/or mothers agree on the change from natural fathers and/or mothers to adoptive fathers and/or mothers in the parent sections of the birth certificates and registers of birth of the adopted children, the Vietnamese missions which have registered the child adoption shall re-register the adopted children's births under Clause 2. Article 28 of Decree No. 158/2005/ND-CP;

e/ If the registration of adopted children's births was previously carried out at Vietnamese missions in other countries, the Vietnamese missions which have carried out birth re-registration for the adopted children shall notify the former missions thereof for making notes on the birth re-registration; in case birth registers were transferred to the Ministry of Foreign Affairs for archive, they shall notify the Ministry of Foreign Affairs for the latter (the Consular Department) to record notes on birth re-registration in the birth registers kept at the Ministry of Foreign Affairs;

f/ In case the registration of adopted children's births was previously registered at home, the Vietnamese missions which have re-registered the births of adopted children shall notify the Ministry of Foreign Affairs for the latter (the Consular Department) to notify the provincial-level Services of Justice of the localities where the involved parties previously made the birth registration thereof for the latter to direct the recording of notes on the birth re-registration overseas; if the previous birth registration was carried out at provincial-level Services of Justice, such Services of Justice shall record the notes.

5. Registration of guardianship

a/ Vietnamese missions in the countries where the guardians and the wards being Vietnamese citizens reside shall carry out the registration of guardianship.

The order of and procedures for guardianship registration comply with Article 30 of Decree No. 158/2005/ND-CP;

b/ Vietnamese missions which have registered the guardianship shall carry out the guardianship termination and change.

The order of and procedures for registration of guardianship termination and changes comply with Clauses 2, 3 and 4, Article 31 of Decree No. 158/2005/ND-CP.

6. Registration of father, mother or child recognition

a/ Vietnamese missions in the countries where the persons recognized as fathers, mothers or children being Vietnamese citizens temporarily reside shall register the father, mother or child recognition;

b/ The order of and procedures for father, mother or child recognition comply with Article 34 of Decree No. 158/2005/ND-CP;

c/ After the father, mother or child recognition registration, the Vietnamese missions which have registered the father, mother or child recognition shall additionally write in the parent declaration sections of the original birth certificates and the registers of births of the children if such parent declaration sections were previously left blank. In case the birth registers have been transferred to the Ministry of Foreign Affairs for archive, the Vietnamese mission shall notify thereof for the latter (the Consular Department) to write additional information on the father, mother or child recognition in the birth registers archived at the Ministry of Foreign Affairs;

d/ If the birth registration for a child was previously carried out at home, the Vietnamese mission which has registered the father, mother or child recognition shall notify the Ministry of Foreign Affairs thereof for the latter (the Consular Department) to further notify the provincial-level Justice Services of the localities where the involved persons made the birth registration, for the latter to direct the recording of supplementary information on the father, mother or child recognition in the birth register. If the previous birth registration was carried out at the provincial-level Justice Service, such Service shall record the supplementary information.

e/ If the registration of a child's birth was previously carried out at a Vietnamese mission in another country, the Vietnamese mission which has registered the father, mother or child recognition shall notify the Vietnamese mission where the birth registration was carried out for the latter to record supplementary information on the father, mother or child recognition in the birth register. If the birth register has been transferred to the Ministry of Foreign Affairs for archive, the Vietnamese missions which have received such notification shall further notify the Ministry of Foreign Affairs for the latter (the Consular Department) to enter the additional father, mother or child recognition in the birth register archived at the Ministry of Foreign Affairs;

f/ If the parent declaration section in the birth register and the original birth certificates were written with the names of persons other than the natural parents, the involved persons shall carry out procedures for corrections as provided for in Section 7, Chapter II of Decree No. 158/ 2005/ND-CP and guided in Clause 7. Section II of this Joint Circular;

g/ If a person recognizing or being recognized as father, mother or child temporarily resides in two different countries, after making the registration, the Vietnamese mission which has registered the father, mother or child recognition shall notify the concerned Vietnamese mission thereof in writing.

7. Civil status alterations, corrections, re-determination of nationality, re-determination of gender, civil status supplementation and adjustment

a/ Vietnamese missions in the countries where Vietnamese citizens previously registered their civil status shall make civil status alterations or corrections, re-determine nationality, re-determine gender, supplement and adjust civil status;

b/ The scope of civil status alterations and corrections, re-determination of nationality, re-determination of gender, civil status supplementation and adjustment complies with Article 36 of Decree No. 158/2005/ND-CP;

c/ The order of and procedures for registration of civil status alterations or corrections, re-determination of nationality, re-determination of gender and civil status supplementation comply with Article 38 of Decree No. 158/2005/ND-CP;

d/ The adjustment of contents in civil status books and other civil status papers other than birth registers and original birth certificates complies with Article 39 of Decree No. 158/2005/ND-CP;

e/ In case Vietnamese citizens who reside overseas and have registered their civil status al competent foreign bodies and the notes have been recorded in the civil status books al Vietnamese missions, request civil status alterations or corrections, re-determination of nationality, re-determination of gender, civil status supplementation or adjustment, such requests shall also be carried out at the Vietnamese missions which have recorded notes in the civil status books

f/ If civil status books have been transferred to the Ministry of Foreign Affairs for archive, after registering the civil status alterations or corrections, re-determination of nationality, re-determination of gender, civil status supplementation or adjustment, the Vietnamese missions shall notify the Ministry of Foreign Affairs of such changes for the latter (the Consular Department) to further record notes in the civil status books archived at the Ministry of Foreign Affairs.

8. Recording of other civil status alterations in civil status books

a/ Vietnamese missions which have registered civil status events of Vietnamese citizens shall record relevant civil status alterations in books, including determination of father, mother or child; change of citizenship; divorce; cancellation of illegal marriage; and termination of child adoption.

Information on other civil status alterations can be transferred by competent Vietnamese or foreign bodies or presented by the involved parties.

b/ The recording of other civil status alterations in civil status books complies with Article 42 of Decree No. 158/2005/ND-CP.

c/ If civil status books have been transferred to the Ministry of Foreign Affairs for archive, the concerned Vietnamese missions, after recording other civil status alterations in books, shall notify such changes to the Ministry of Foreign Affairs for the latter (the Consular Department) to further record them in the civil status books archived at the Ministry of Foreign Affairs.

9. Overdue birth or death registration

a/ Overdue birth registration can be effected at Vietnamese missions only when Vietnamese citizens were born overseas but their births have not yet been registered (at Vietnamese missions or competent foreign offices).

The competence to effect overdue birth registration is guided at Point a. Clause I, Section II of this Joint Circular. If adults make overdue birth registration by themselves, they can do so at the Vietnamese missions in the localities where their parents reside or the Vietnamese missions in the localities where they themselves reside;

b/ Overdue death registration can be effected at Vietnamese missions only when Vietnamese citizens have died overseas and their deaths have not yet been registered (at Vietnamese missions or competent foreign offices).

The competence and procedures for overdue death registration comply with Point a. Clause 3, Section II of this Joint Circular;

c/ The overdue birth or death registration order is prescribed in Article 45 of Decree No. 158/2005/ ND-CP.

10. Re-registration of birth, death, marriage and child adoption

a/ The birth, death, marriage and child adoption of Vietnamese citizens residing overseas shall be re-registered if such civil status matters were previously registered at Vietnamese missions but the civil status books and the original civil status papers were lost or unusably damaged;

b/ Vietnamese missions in the countries where Vietnamese citizens previously made birth, death, marriage or child adoption registration shall effect the re-registration.

If the involved parties can produce copies of civil status papers which were legally issued by Vietnamese missions, they may make birth, death, marriage or child adoption re-registration at Vietnamese missions in the countries where they are residing;

c/ The birth, death, marriage, child adoption re-registration order and procedures comply with Article 48 of Decree No. 158/2005/ND-CP.

III. RECORDING IN CIVIL STATUS BOOKS OF CIVIL STATUS MATTERS WHICH HAVE ALREADY BEEN REGISTERED AT COMPETENT FOREIGN OFFICES

1. Vietnamese citizens residing overseas who have already made birth, marriage, father, mother or child recognition or child adoption at competent bodies of foreign countries but apply for civil status papers in Vietnamese forms, shall carry out procedures for recording such civil status matters at Vietnamese missions in the countries where the persons concerned reside.

2. The procedures for, and way of recording civil status books comply with Articles 56 and 57 of Decree No. 158/ND-CP.

3. After recording civil status books, Vietnamese missions shall grant the persons concerned the original birth certificates: marriage certificates: decisions to recognize father, mother or child recognition: or decisions to recognize child adoption according to each type of noted civil status matters. The books recorded with civil status matters will serve as a basis for subsequent grant of duplicates of civil status papers from civil status books.

When granting the above-named civil status papers. Vietnamese missions shall use the original forms of civil status papers in Appendix I to this Joint Circular (not printed herein).

4. If the concerned persons request the addition of inadequate contents as compared to Vietnamese civil status forms. Vietnamese missions shall make such additions in the civil status books; the originals and duplicates of the granted civil status papers according to the contents added in the civil status books.

If the concerned persons request the addition of children's nationality in Vietnamese birth certificates and birth registers as the birth certificates issued by competent foreign bodies neither indicate the nationality nor contain the nationality section, the determination of children's nationality for additional recording complies with the Law on Vietnamese Nationality.

IV. GRANT OF DUPLICATES OF CIVIL STATUS PAPERS FROM CIVIL STATUS BOOKS. RE-GRANT OF ORIGINAL BIRTH CERTIFICATES

1. Grant of duplicates of civil status papers from civil status books

a/ Vietnamese missions in which civil status books are archived shall grant duplicates of civil status papers from the civil status books. If the civil status books have been transferred to the Ministry of Foreign Affairs for archive, the Ministry of Foreign Affairs (the Consular Department) also has competence to grant duplicates of civil status papers from the civil status books when so requested by persons concerned;

b/ The principles for recording of the duplicates of civil status papers from civil status books comply with Article 61 of Decree No. 158/2005/ ND-CP.

2. Re-grant of original birth certificates

a/ Vietnamese missions in which birth registers are archived shall re-grant the originals of birth certificates. If the birth registers have been transferred to the Ministry of Foreign Affairs for archive, the Ministry of Foreign Affairs (the Consular Department) also has competence to re-grant the original birth certificates when so requested by persons concerned;

b/ The order of and procedures for re-granting original birth certificates comply with Article 63 of Decree No. 158/2005/ND-CP.

3. Use of civil status forms

When re-granting original birth certificates and granting duplicates of civil status papers from civil status books as guided in this Section, Vietnamese missions shall use the civil status forms attached to Decision No. 04/2007/QD-BTP. If the Ministry of Foreign Affairs (the Consular Department) re-grants original birth certificates and grants the duplicates of civil status papers from civil status books, it shall use the original form of birth certificate and the duplicate form of civil status papers in Appendix II to this Joint Circular (not printed herein).

V. GRANT OF MARITAL STATUS CERTIFICATES

1. Vietnamese missions in the countries where Vietnamese citizens reside shall grant marital status certificates to those persons during their residence in such countries, if so requested by persons concerned.

2. The procedures for grant of marital status certificates comply with Article 67 of Decree No. 158/2005/ND-CP.

3. The marital status-certifying contents in the marital status certificates comply with Point c. Clause 2, Section II of this Joint Circular.

VI. RECORDING OF CIVIL STATUS BOOKS. CIVIL STATUS FORMS, CORRECTION OF ERRORS IN CIVIL STATUS BOOK CONTENTS

1. Recording of civil status books, civil status forms

The principles for recording of civil status books and civil status forms comply with Article 68 of Decree No. 158/2005/ND-CP.

2. Correction of recording errors in civil status books

a/ Civil status books are original documents; information recorded in the civil status books must be absolutely accurate. In case the contents of original civil status papers are correct while the contents in the civil status books are incorrect, such erroneous contents in the civil status books must be corrected to conform to the original civil status papers.

b/ The correction of errors in civil status books or civil status forms complies with Article 69 of Decree No. 158/2005/ND-CP.

VII. ARCHIVE OF CIVIL STATUS BOOKS CIVIL STATUS PAPERS; CIVIL STATUS REPORTING AND STATISTICAL REGIMES

1. Archive of civil status books, closure of civil status books

Each type of civil status matters must be recorded in 02 books (double registration), one of which will be archived at the Vietnamese mission which effects civil status registration and the other will be transferred to the Ministry of Foreign Affairs for archive (at the Consular Department). For marital status certificate-granting books, only one book is required and archived at the Vietnamese mission.

The closure of civil status books complies with Article 71 of Decree No. 158/2005/ND-CP.

2. Archive of civil status papers

The archive of civil status papers complies with Article 72 of Decree No. 158/2005/ND-CP.

3. Time limits for sending civil status reports and statistical data

Vietnamese missions shall send reports on the civil status management and registration at their missions and civil status statistical data to the Ministry of Foreign Affairs. The first biannual reports must be sent before July 31 every year and the annual reports must be sent before January 31 of the subsequent year.

After receiving reports of Vietnamese missions, the Ministry of Foreign Affairs shall make sum-up reports and send them to the Ministry of Justice. The first biannual reports must be sent before August 31 every year and the annual reports must be sent before March 1 of the subsequent year.

VIII. DIPLOMATIC AND CONSULAR OFFICIALS PERFORMING CIVIL STATUS WORK AT VIETNAMESE MISSIONS

1. Each overseas Vietnamese mission must be staffed with diplomatic and consular officials specializing in civil status work, who are responsible for the accuracy of civil status papers granted to Vietnamese citizens overseas.

2. Diplomatic and consular officials performing civil status work at Vietnamese missions must be trained in civil status operations. The Ministry of Foreign Affairs shall coordinate with the Ministry of Justice in organizing civil status operation training for diplomatic and consular officials before they undertake civil status work at Vietnamese missions.

3. Diplomatic and consular officials are prohibited from taking the following acts:

a/ Showing authoritarianism, authoritativeness, harassing for bribes, causing troubles or inconvenience to individuals upon civil status registration;

b/ Taking bribes;

c/ Collecting civil status fees higher than the set levels or setting at their own will fees upon civil status registration;

d/ Setting by themselves procedures and papers in contravention of Decree No. 158/2005/ND-CP and this Joint Circular upon civil status registration;

e/ Falsifying contents already registered in civil status books or forms;

f/ Deliberately granting civil status papers with inaccurate contents.

4. Upon civil status registration, diplomatic and consular officials shall use the civil status books and forms under the regulations of the Ministry of Justice and the guidance of this Joint Circular.

IX. ORGANIZATION OF IMPLEMENTATION

This Joint Circular takes effect on March 1. 2009.

If problems or new matters arise in the course of implementation, Vietnamese missions shall send written reports to the Ministry of Foreign Affairs so that the Ministry of Foreign Affairs coordinates with the Ministry of Justice for timely guidance.-