Circular 04/2024/TT-BTP amend Circular 02/2020/TT-BTP and Circular 04/2020/TT-BTP detailing Law on Civil Status

CIRCULAR

Amending and supplementing a number of articles of the Minister of Justice’s Circular No. 02/2020/TT-BTP dated April 8, 2020, on the issuance, guidance on the use and management of Citizenship registers and Citizenship-related documents and the Minister of Justice’s Circular No. 04/2020/TT-BTP dated May 28, 2020, detailing a number of articles of the Law on Civil Status and the Government’s Decree No. 123/2015/ND-CP dated November 15, 2015, detailing a number of articles of, and measures to implement, the Law on Civil Status

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Pursuant to the Law on Vietnamese Citizenship dated November 13, 2008; the Law Amending and Supplementing a Number of Articles of the Law on Vietnamese Citizenship dated June 24, 2014;

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

Pursuant to the Government’s Decree No. 98/2022/ND-CP dated November 29, 2022, defining the functions, tasks, powers and organizational structure of the Ministry of Justice;

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

Pursuant to the Government’s Decree No. 16/2020/ND-CP dated February 3, 2020, detailing a number of articles of, and providing measures to implement the Law on Vietnamese Citizenship;

Pursuant to the Government’s Decree No. 87/2020/ND-CP of July 28, 2020, providing regulations on electronic civil status database and online civil status registration;

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

The Minister of Justice promulgates the Circular amending and supplementing a number of articles of the Minister of Justice’s Circular No. 02/2020/TT-BTP dated April 8, 2020, on the issuance, guidance on the use and management of Citizenship registers and Citizenship-related documents and the Minister of Justice’s Circular No. 04/2020/TT-BTP dated May 28, 2020, detailing a number of articles of the Law on Civil Status and the Government’s Decree No. 123/2015/ND-CP dated November 15, 2015, detailing a number of articles of, and measures to implement, the Law on Civil Status.

Article 1. Amending and supplementing a number of articles of the Minister of Justice’s Circular No. 02/2020/TT-BTP dated April 8, 2020, on the issuance, guidance on the use and management of Citizenship registers and Citizenship-related documents

1. To replace the phrase “Overseas diplomatic representative missions, consular offices or other overseas agencies authorized to perform the consular functions of Vietnam” with the phrase “Overseas representative missions of the Socialist Republic of Vietnam” in Clause 2, Article 2, and Clause 1, Article 6.

2. To replace the registers in Article 3, including:

a) To replace the Register of processing Citizenship-related dossiers (TP/QT-2020-STLHSQT) with the Register of processing Citizenship-related dossiers (TP/QT-2024-STLHSQT);

b) To replace the Register of registration for determining Vietnamese Citizenship (TP/QT-2020-SDKXDCQTVN) with the Register of registration for determining Vietnamese Citizenship (TP/QT-2024-SDKXDCQTVN);

c) To replace the Register of issuance of certificates of Vietnamese Citizenship (TP/QT-2020-SCGXNCQTVN) with the Register of issuance of certificates of Vietnamese Citizenship (TP/QT-2024-SCGXNCQTVN);

d) To replace the Register of issuance of certificates of Vietnamese origin (TP/QT-2020-SCGXNGVN) with the Register of issuance of certificates of Vietnamese origin (TP/QT-2024-SCGXNGVN);

3. To replace the types of Citizenship-related forms in Article 4, including:

a) To replace the Application for Vietnamese Citizenship (TP/QT-2020-DXNQT.1) with the Application for Vietnamese Citizenship (TP/QT-2024-DXNQT.1);

b) To replace the Application for Vietnamese Citizenship for guardians/legal representatives applying for Vietnamese Citizenship on behalf of the ward/represented person (TP/QT-2020-DXNQT.2) with the Application for Vietnamese Citizenship for legal representatives applying for Vietnamese Citizenship on behalf of the represented person (TP/QT-2024-DXNQT.2);

c) To replace the Application for restoration of Vietnamese Citizenship (TP/QT-2020-DXTLQT.1) with the Application for restoration of Vietnamese Citizenship (TP/QT-2024-DXTLQT.1);

d) To replace the Application for restoration of Vietnamese Citizenship for guardians/legal representatives applying for restoration of Vietnamese Citizenship on behalf of the ward/represented person (TP/QT-2020-DXTLQT.2) with the Application for restoration of Vietnamese Citizenship for legal representatives applying for restoration of Vietnamese Citizenship on behalf of the represented person (TP/QT-2024-DXTLQT.2);

dd) To replace the Application for Renouncement of Vietnamese Citizenship (TP/QT-2020-DXTQT.1) with the Application for Renouncement of Vietnamese Citizenship (TP/QT-2024-DXTQT.1);

e) To replace the Application for Renouncement of Vietnamese Citizenship for guardians/legal representatives applying for renouncement of Vietnamese Citizenship on behalf of the ward/represented person (TP/QT-2020-DXTQT.2) with the Application for Renouncement of Vietnamese Citizenship for legal representatives applying for renouncement of Vietnamese Citizenship on behalf of the represented person (TP/QT-2024-DXTQT.2);

g) To replace the Personal Information Declaration (TP/QT-2020-BKLL) with the Personal Information Declaration (TP/QT-2024-BKLL);

h) To replace the Declaration Form for Registration to Determine Vietnamese Citizenship (TP/QT-2020-TKXDCQTVN) with the Declaration Form for Registration to Determine Vietnamese Citizenship (TP/QT-2024-TKXDCQTVN);

i) To replace the Declaration Form for Issuance of a Certificate of Vietnamese Citizenship (TP/QT-2020-TKXNCQTVN) with the Declaration Form for Issuance of a Certificate of Vietnamese Citizenship (TP/QT-2024-TKXNCQTVN.1);

k) To replace the Declaration Form for Confirmation of Vietnamese Origin (TP/QT-2020-TKXNNGVN) with the Declaration Form for Confirmation of Vietnamese Origin (TP/QT-2024-TKXNNGVN.1);

l) To replace the Extract of Registration for Determining Vietnamese Citizenship (TP/QT-2020-TLXDCQTVN) with the Extract of Registration for Determining Vietnamese Citizenship (TP/QT-2024-TLXDCQTVN);

m) To replace the Certificate of Vietnamese Citizenship (TP/QT-2020-XNCQTVN) with the Certificate of Vietnamese Citizenship (TP/QT-2024-XNCQTVN);

n) To replace the Certificate of Vietnamese Origin (TP/QT-2020-XNNGVN) with the Certificate of Vietnamese Origin (TP/QT-2024-XNNGVN);

o) To replace the List of Persons Proposed for Resolution of Citizenship Matters (TP/QT-2020-DS) with the List of Persons Proposed for Resolution of Citizenship Matters (TP/QT-2024-DS);

4. To add 02 new declaration forms: the Declaration Form for Issuance of a Certificate of Vietnamese Citizenship for legal representatives applying for the issuance of a Certificate of Vietnamese Citizenship on behalf of the represented person (TP/QT-2024-TKXNCQTVN.2) and the Declaration Form for Confirmation of Vietnamese Origin for legal representatives applying for the confirmation of Vietnamese origin on behalf of the represented person (TP/QT-2024-TKXNNGVN.2).

5. To abolish the “Receipt and Result Return Form” in Article 4.

6. To amend and supplement Clauses 1 and 2 of Article 7 as follows:

“1. Depending on the type of case, the person requesting the resolution of Citizenship-related matters must accurately and completely fill out the information in the columns and sections of the forms, Personal Information Declaration, and Declaration Form, according to the specific instructions provided in each form issued with this Circular.

2. The dossier recipients shall extract information from the National Population Database in accordance with the law if the person requesting the resolution of Citizenship-related matters has provided their surname, middle name, given name; date of birth; and personal identification number/citizen identification card/identity card. If the required information is not available in the National Population Database, the applicant shall be asked to complete the declaration.”

Article 2. Amending and supplementing a number of provisions of the Minister of Justice’s Circular No. 04/2020/TT-BTP dated May 28, 2020, detailing a number of articles of the Law on Civil Status and the Government’s Decree No. 123/2015/ND-CP dated November 15, 2015, detailing a number of articles of, and measures to implement, the Law on Civil Status

1. To amend and supplement a number of provisions of Article 3 as follows:

a) To amend and supplement Clause 2 of Article 3 as follows:

“2. The recipient is responsible for accepting the correct and complete civil status registration dossier in accordance with the law on civil status and shall not require the applicant to submit additional documents not stipulated by the law on civil status.

The dossier recipient shall extract information from the National Population Database in accordance with the law if the applicant has provided their surname, middle name, given name; date of birth; and personal identification number/citizen identification card/identity card. If the required information is not available in the National Population Database, the applicant shall be asked to complete the declaration.”

b) To add Clause 6 to Article 3 as follows:

“6. The submission, acceptance, processing of online civil status registration requests, and the return of online civil status registration results shall be carried out in accordance with Decree No. 87/2020/ND-CP dated July 28, 2020, of the Government, providing regulations on electronic civil status database and online civil status registration, and documents detailing implementation.”

2. To replace the List of Civil Status Registration Declaration Forms posted on the Ministry of Justice's electronic portal for civil status registration authorities and citizens to print and use themselves (Appendix 5) with the List of Civil Status Registration Declaration Forms posted on the Ministry of Justice's electronic portal for civil status registration authorities and citizens to print and use themselves (Appendix 5) issued with this Circular.

3. To amend Clause 2 of Article 18 as follows:

“2. Civil status documents that have been validly issued and missed civil status information shall be supplemented if there are documents or materials validly issued by competent authorities or organizations as proof.

Requests for the additionally recording Vietnamese Citizenship shall only be carried out for civil status documents issued from January 1, 2016, onwards, after confirming that the applicant currently holds Vietnamese Citizenship in accordance with the Law on Vietnamese Citizenship.”

Article 3. Transitional provisions

1. Citizenship dossiers and civil status registration dossiers received before the effective date of this Circular, which have not yet been resolved, shall continue to be resolved in accordance with Circular No. 02/2020/TT-BTP and Circular No. 04/2020/TT-BTP.

2. The Citizenship registers made according to the forms issued with Circular No. 02/2020/TT-BTP shall continue to be used until the end of December 31, 2024.

Article 4. Responsibility for organization of implementation and effect

1. This Circular takes effect from June 6, 2024.

2. The Director of the Civil Status, Citizenship and Notarization Department, the heads of units under the Ministry of Justice, the Directors of Departments of Justice of provinces and centrally-run cities, and relevant agencies, organizations, and individuals shall implement this Circular./.

* All Appendices are not translated herein.