VietnameseJoint 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
ATTRIBUTE
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
| Issuing body: | Ministry of Foreign Affairs; Ministry of Justice | Effective date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Official number: | 11/2008/TTLT-BTP-BNG | Signer: | Hoang The Lien; Nguyen Thanh Son |
| Type: | Joint Circular | Expiry date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Issuing date: | 31/12/2008 | Effect status: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Fields: | Administration , Foreign affairs , Justice |
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THE MINISTRY OF JUSTICE THE MINISTRY OF FOREIGN AFFAIRS --------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness -------------- |
No. 11/2008/TTLT-BTP-BNG | Hanoi, December 31, 2008 |
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.
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