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Government’s Decree No. 123/2015/ND-CP dated November 15, 2015 on guidelines for Law on Civil Status, which comes into force from January 01, 2016, is amended by: 1. Government’s Decree No. 87/2020/ND-CP dated July 28, 2020 on electronic civil status database and online civil registration, which comes into force from September 15, 2020; 2. Government’s Decree No. 104/2022/ND-CP dated December 21, 2022 on amendments to Decrees on submission and presentation of household register booklets, temporary residence register booklets upon carrying out administrative procedures or providing public services, which comes into force from January 01, 2023; Pursuant to the Law on Government Organization dated December 25, 2001; Pursuant to the Law on Civil Status dated November 20, 2014; Pursuant to the Law on Marriage and Family dated June 19, 2014; ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. The Government promulgates Decree on guidelines for Law on Civil Status [1]. Chapter I GENERAL PROVISIONS Article 1. Scope This Decree provides for guidelines for the Law on Civil Status in terms of registration of birth, marriage, management and use of vital records in the stage that database of electronic civil status and national database of inhabitants has not been commenced nationwide (hereinafter referred to as “transitional stage”); birth registration for abandoned children, children whose parents have not yet been identified, children born from surrogacy; registration of birth, marriage, recognition of parent-child relationship, registration of death at border areas; issuance of certificates of marital status; birth registration for children who were born overseas without birth registration and reside in Vietnam; marriage registration with foreign elements at the People’s Committees of districts; document in vital records marriage, divorce, marriage annulment of Vietnamese citizens that have been processed at competent authorities overseas, re-registration of birth, marriage, death; placement of justice and civil status public employees in charge of full time job and measures for implementing the Law on civil status. Article 2. Regulations on presentation/submission of applications for civil status registration, issuance of copies of civil status documents 1. An applicant for civil status registration or issuance of copies of civil status documents shall present the original of one of the following documents: passport, ID card, or another document containing photo and personal information that has been issued by a competent authority and remaining valid (hereinafter referred to as “identity paper”) for the identity verification purpose. ...[2]... 2. An applicant for birth registration shall submit the original of certificate of live birth or an equivalent document as prescribed in Clause 1 Article 16 of the Law on civil status; an applicant for death registration shall submit the original of death notice or an equivalent document as prescribed in Clause 1 Article 34 of the Law on civil status and Clause 2 Article 4 hereof; an applicant for marriage registration shall submit the original of certificate of marital status as prescribed Section 3 Chapter III hereof. ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. 4. Any document issued or certified by the competent authority of a neighbor country of Vietnam (hereinafter referred to as “neighbor country”) to be used for civil status registration as prescribed in Point d Clause 1 Article 7 of the Law on Civil Status shall be exempt from consular legalization. It shall be translated to Vietnamese with the translator’s commitment to the correct contents. 5. Any copy in the application for civil status registration is a copy issued from the master register or certified from the original as prescribed by law; if an applicant submits a non-certified copy, he/she shall present the original for collation. Article 3. Submission and receipt of application for civil status 1. An applicant for marriage registration, recognition of parent-child relationship, or marriage re-registration may submit a relevant application at the Registry of civil status (hereinafter referred to as Registry) in person; an applicant for other civil status affairs may submit a relevant application to the Registry in person, by post or online. The application for civil status shall be made in 01 copy. 2. The receiving person shall verify if documents are appropriate to the application form and they are all valid; in case of insufficient application, the applicant is required to complete the application. In case of sufficient and satisfactory application, the receiving person shall make a receipt note specifying an appointment to give processing results. If the applicant submits copies issued from the master register or certified from originals, the receiving person may not require the presentation of the originals; if the applicant submits copies and present their originals, the receiving person shall collate them and bear signatures in the photocopies to certify that these documents have been collated. If specific documents to be presented are prescribed by law, the receiving person may not require any other copies or photocopies of these documents. 3. In case of an applicant who submits an application by post and wishes to receive processing results by post and is not exempt from fees and charges for giving processing results by post, he/she shall also pay civil status registration charge or civil status copy issuance charge. The receiving person shall specify the method of giving processing results in the receipt note. ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. 4. If an application for civil status is subject to verification as prescribed in the Law on Civil Status and this Decree, the time for submission of the application and receipt of processing results shall not be included in the duration for processing such application. Article 4. Birth registration and death registration contents 1. Birth registration contents shall be determined as prescribed in Clause 1 Article 14 of the Law on Civil Status and the following regulations:
If a child is born at a health facility, the health facility’s name and name of the administrative division of commune/district/province where the health facility is located shall be clearly stated in the place of birth. If a child is born outside a health facility, the name of the administrative division of commune/district/province where the child is born shall be clearly stated. dd) Native place of the person whose birth is registered shall be identified according to regulations in Clause 8 Article 4 of the Law on Civil Status. ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. Death registration contents shall be identified according to the death notice or equivalent document issued by the following competent authority:
Article 5. Issuance of certificate of live birth, death notice and provision of birth and death statistics 1. A health facility, after issuance of a certificate of live birth or a death notice and a competent authority, after issuance of a document equivalent to death certificate prescribed in Clause 2 Article 4 of this Decree shall give a notice of birth and death statistics to the competent Registry as prescribed in the Law on Civil Status for prompt, sufficient, and accurate statistics as prescribed by law. 2. The Ministry of Health provides health facilities with guidelines for issuance of certificates of live birth and death notices, and provision of birth and death statistics to the competent Registry as prescribed in Clause 1 hereof. ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. 1. Birth certificate is an original document on civil status of an individual. 2. All documents of an individual containing full name, date of birth, gender, race, nationality, native place, parent-child relationship shall be consistent with his/her birth certificate. 3. If an individual’s document contains information different from his/her birth certificate, the head of agency that has managed or issued such document shall make appropriate amendments in accordance with the birth certificate. Article 7. Conditions for changes and correction of civil status 1. In case of change of full name of a person less than 18 years of age prescribed in Clause 1 Article 26 of the Law on Civil Status, his/her parent’s consent is required and such change shall be specified in the application form. In case of change of full name of a person aged 9 or older, in addition to the aforesaid requirements, his/her consent is required. 2. Civil status correction prescribed in the Law on Civil Status means correction of personal information in vital records or originals of civil status documents, which has been carried out only when there are substantial grounds to prove that mistakes are made by the civil status official or the applicant. Article 8. Recruitment, placement and training for civil status officials 1. From January 01, 2016, the competent person may only recruit new civil status officials that meet standards as prescribed in the Law on Civil Status. 2. According to the statutory number of officials, public employees of commune prescribed by the Government, each People’s Committee of province or central-affiliated city (hereinafter referred to as “the People's Committee of province”) shall, upon placement of civil status officials, give priority to full-time civil status officials in communes, wards and towns which are commune-level administrative divisions class 1, class 2, populated and have a great number of civil status affairs. ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. The People's Committee of province shall formulate and implement the plan for training in civil status affairs provided for civil status officials in the province. Chapter II CIVIL STATUS REGISTRATION, MANAGEMENT AND USE OF VITAL RECORDS IN TRANSITIONAL STAGE Section 1. DOCUMENTS TO BE SUBMITTED OR PRESENTED Article 9. Documents to be submitted and presented upon birth registration 1. An applicant for birth registration shall submit documents as prescribed in Clause 1 Article 16 of the Law on Civil Status upon birth registration at the People’s Committee of commune, ward, or town (hereinafter referred to as “commune”) or documents as prescribed in Clause 1 Article 36 of the Law on Civil Status upon birth registration at the People’s Committee of suburban district, urban district, district-level town, provincial-affiliated city (hereinafter referred to as “district”). 2. The applicant for birth registration shall present documents as prescribed in Clause 1 Article 2 hereof. If the child’s parents have their marriage registered, the marriage license shall also be presented. Article 10. Documents to be submitted and presented upon marriage registration ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents.
In case of marriage registration at the People’s Committee of district, the applicant for marriage registration living in Vietnam shall submit a certificate of marital status issued by the competent People’s Committee of commune as prescribed in Articles 21, 22, and 23 of this Decree.
Section 2. MANAGEMENT AND USE OF VITAL RECORDS Article 11. Making and closing vital records 1. Vital records shall be made in 01 book according to each type of civil status affairs. 2. The Registry shall document civil status affairs that are registered from January 01 to December 31 inclusive of a year in vital records Annual vital statistics shall begin from January 01 to December 31 inclusive of a year. 3. Before January 05 of the succeeding year, the civil status official shall close the vital records; release statistics sufficiently and accurately and record total number of civil status affairs that were registered in the preceding year to the page adjacent to the final registration page of the year; and then bear signature, position, and send it to the Registry’s head for bearing signature and seal. ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. 1. [3] (annulled) 2. [4] (annulled) 3. Vital records are national assets and permanently archived as prescribed in law on archives. 4. The agency that archives vital records shall be responsible for preserving and using vital records in accordance with regulations of law; adopting safety measures, measures against fire, explosion, flood, moistness, and termites. Article 13. Documenting civil status changes and correction in vital records 1. After receiving a such notice enclosed with a copy from the vital record as prescribed in Clause 3 Article 28 of the Law on Civil Status, the civil status official shall document sufficient changes or correction in the vital records according to the above copy, including: number, date, issuing authority; full name of the signer of copy; a report bearing signature and seal of the Registry’s head. If vital records have been authenticated and sent as prescribed in Clause 1 Article 12 of this Decree, the civil status official shall send a report enclosed with a photocopy from the vital record to the superior Registry for documenting relevant changes or correction in the respective vital records. The receiving authority shall document such changes or correction to the respective vital records which bear signature and seal of the Registry's head. 2. If the Registry's head who has received a notice fails to document information in the vital records or who is responsible for giving notice fails to give such notice and send a copy from the vital record as prescribed in Clause 3 Article 28 of the Law on civil status, he/she shall take responsibility for discrepancy in management and use of vital records as prescribed by law. Chapter III ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. Section 1. BIRTH REGISTRATION IN SPECIAL CIRCUMSTANCES Article 14. Birth registration for abandoned children 1. Any person who detects an abandoned child shall protect the child and immediately notify the People’s Committee or police authority of the commune where such child is abandoned. If a child is abandoned at a health facility, the health facility’s head shall be responsible for giving notice. After receiving such notice, the President of People’s Committee of commune or chief police of commune shall make a report on the abandonment; and then the People’s Committee of commune shall give the child to an individual or organization in charge of temporary rearing as prescribed by law. The report shall specify the time when and place where an abandoned child is detected; his/her gender, body condition, health condition; his/her assets or objects, if any; full name, identification card, place of residence of the detector. The report shall bear signatures of the person making the report, the detector, the witness (if any) and the seal of the authority from which the report is made. The report shall be made in two copies; one copy shall be archived at the authority from which it is made, and the other shall be sent to the individual or organization in charge of temporary rearing. 2. After making the report as prescribed in Clause 1 of this Article, the People’s Committee of commune shall publicly post up a notice of abandonment at its headquarters within 7 consecutive days. 3. Upon expiration of the posting duration, if the child's parent has still been unidentified, the People’s Committee of commune shall notify the individual or organization in charge of temporary rearing of birth registration for the child. The individual or organization in charge of temporary rearing shall be responsible for birth registration for the child. Procedures for birth registration shall comply with Clause 2 Article 16 of the Law on Civil Status. The child’s full name shall be identified as prescribed by civil law. If there are not substantial grounds for identify the child's date of birth or place of birth, the date in which he/she is found abandoned shall be considered as the child's date of birth; the year of birth shall be determined according to the child’s body condition; place of birth is where the child is found abandoned; native place is determined according to place of birth; and his/her nationality is Vietnamese. The section of child’s parents and race in the birth certificate and vital record shall be left blank and the phrase “abandoned child” shall be specified in the vital record. ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. 1. The People’s Committee of commune where the child resides shall be responsible for birth registration for the child with unidentified parents. 2. Upon birth registration, if a child’s father is unidentified, the family name, race, native place, nationality of the child shall be identified according to respective information of his/her mother; the child’s father section in the vital record and birth certificate shall be left blank. 3. If the father, at the time of birth registration, applies for recognition of father-child relationship as prescribed in Clause 1 Article 25 of the Law on Civil Status, the People’s Committee shall process both the recognition and birth registration; birth registration contents shall be identified as prescribed in Clause 1 Article 4 of this Decree. 4. Regarding a child whose mother is unidentified, if his/her father applies for both birth registration and recognition of father-child relationship, Clause 3 of this Article shall be applied; the child’s mother section in the vital record and birth certificate shall be left blank. 5. Procedures for birth registration for children with unidentified parents other than those who are abandoned shall comply with Clause 3 Article 14 hereof; the phrase “children with unidentified parents" shall be specified in the vital records. Article 16. Birth registration for children born from surrogacy 1. An applicant for birth registration shall submit documents as prescribed in Clause 1 Article 16 of the Law on Civil Status and a certification issued by the health facility that conducts assisted reproductive technology in surrogacy procedures. Sections of the child’s parents shall be filled out according to the information of intended parents. 2. Procedures for birth registration shall comply with Clause 2 Article 16 of the Law on Civil Status; contents of birth registration shall be consistent with Clause 1 Article 4 hereof. Section 2. CIVIL STATUS REGISTRATION AT BORDER AREAS ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. 1. The People’s Committee of commune in a border area shall grant birth registration for a child who was born in Vietnam and while a parent is a Vietnamese citizen permanently residing in such commune, the other parent is a citizen of a neighbor country at the administrative division which is equivalent to commune level in Vietnam and contiguous to the commune in border area of Vietnam where the Vietnamese parent resides. 2. The applicant for birth registration shall present documents as prescribed in Clause 1 Article 2 hereof and submit the following documents:
3. Procedures for birth registration shall comply with Clause 2 Article 16 of the Law on Civil Status; contents of birth registration shall be consistent with Clause 1 Article 4 hereof. Article 18. Marriage registration 1. The People’s Committee of commune in border areas shall grant marriage registration for a couple that a partner is a Vietnamese citizen permanently residing in such commune and the other partner is a citizen of a neighbor country at the administrative division which is equivalent to commune level in Vietnam and contiguous to the commune in border area of Vietnam where the Vietnamese citizen resides. 2. An applicant for marriage registration shall present documents as prescribed in Clause 1 Article 2 hereof; and submit an application at the People’s Committee of commune in person. The application for marriage registration shall include: ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents.
3. Within 3 working days from the date in which a satisfactory application is received, the civil status official shall verify such application and send it to the President of People’s Committee for decision. In case of necessity to make verification, the processing duration is 8 working days. If both partners are eligible for marriage as prescribed in the Law on Marriage and Family, the President of People’s Committee of commune shall sign the marriage license, the civil status official shall then document such marriage to the vital record, and both partners shall bear their signatures and full names in the vital record and the marriage license; each spouse shall be issued with one original of the marriage license. Article 19. Registration for recognition of parent-child relationship 1. The People’s Committee of commune in a border area shall grant registration for recognition of parent-child relationship to a couple that a parent is a Vietnamese citizen permanently residing in such commune and the other parent is a citizen of a neighbor country at the administrative division which is equivalent to commune level in Vietnam and contiguous to the commune in border area of Vietnam where the Vietnamese citizen resides. 2. An applicant for recognition of parent-child relationship shall present documents as prescribed in Clause 1 Article 2 hereof; or submit an application at the People’s Committee of commune in person. The application for recognition of parent-child relationship shall include:
... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. 3. Within 7 working days from the date in which a satisfactory application is received, the civil status official shall verify such application and post up the recognition of parent-child relationship at the People's Committee of commune and send it to the President of People’s Committee for decision. In case of necessity to make verification, the processing duration is 12 working days. If the recognition of parent-child relationship is considered justifiable and involves no dispute, the civil status official shall document such recognition to the vital record, and the applicant shall bear signature and full name in the vital record; the President of People’s Committee of commune shall then issue each parent with one original from the vital record. Article 20. Death registration 1. The People’s Committee of commune in a border area shall grant death registration to the dead person who is a foreigner residing in such commune. 2. The applicant for death registration shall submit an application form for death registration using the form as prescribed, an original of death notice or an equivalent document which is issued as prescribed in Clause 2 Article 4 of this Decree. 3. After receiving such application, if the death registration is considered justifiable, the civil status official shall document it to the vital record, and the applicant shall bear signature and full name in the vital record; the President of People’s Committee of commune shall then issue each parent with one original from the vital record. In case of necessity to make verification, the processing duration is 03 working days. 4. After death registration, the People’s Committee of commune shall issue a written notice enclosed with a copy from the vital record to the Ministry of Foreign Affairs for notification to the competent agency of the country of which the dead person is a citizen. Section 3. ISSUANCE OF CERTIFICATE OF MARITAL STATUS ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. 1. The People’s Committee of commune where a Vietnamese citizen permanently resides shall issue him/her with a certificate of marital status. If the Vietnamese citizen has no permanent residence but has a temporary residence registered as prescribed in law on residence, the People’s Committee of commune where he/she has registered temporary residence shall issue him/her with a certificate of marital status 2. Clause 1 of this Article shall be applied in case of issuance of certificate of marital status to a foreigner or a stateless person residing in Vietnam upon his/her request. Article 22. Procedures for issuance of certificates of marital status 1. An applicant for certificate of marital status shall submit an application form using the form as prescribed. If the application for certificate of marital status is submitted for marriage purpose, the applicant shall satisfy all conditions for marriage as prescribed in the Law on Marriage and Family. 2. If the applicant for certificate of marital status had been married but he/she obtained divorce then or his/her spouse died, he/she shall present or submit valid documents proving such status; in case of the circumstance prescribed in Clause 2 Article 37 of this Decree, a respective copy of vital record is required. 3. Within 3 working days from the date in which the satisfactory application is received, the civil status official shall verify the applicant’s marital status. If the applicant meets all conditions and the issuance of certificate of marital status is consistent with regulations of law, the civil status official shall request the President of People’s Committee to issue one certificate of marital status to the applicant. Contents of certificate of marital status shall be consistent with the applicant’s current marital status and purpose of the certificate of marital status. 4. If the applicant for certificate of marital status has registered permanent residence in multiple places, he/she shall prove his/her marital status If the applicant fails to produce such evidence, the civil status official shall report it to the President of People’s Committee of commune; the President shall then request People’s Committees of communes where the applicant had registered permanent residence in writing to verify the marital status. Within 03 working days from the date in which the written request is received, the requested People’s Committee of commune shall make verification and respond in writing to the requesting People’s Committee of commune in terms of the applicant's marital status during his/her residence in the commune. ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. 6. If a person applies for reissuance of a certificate of marital status for other purposes or due to expiration of the certificate of marital status as prescribed in Article 23 of this Decree, the certificate of marital status that was issued shall be returned. Article 23. Validity of certificate of marital status 1. A certificate of marital status shall remain valid in 6 months from the date of issue. 2. The certificate of marital status shall be used for the purpose of marriage at a competent authority in Vietnam, or at a competent authority overseas or for other purposes. 3. The certificate of marital status shall be invalid if it is used for a purpose other than those specified in the certificate. Section 4. BIRTH, MARRIAGE OR DEATH RE-REGISTRATION Article 24. Conditions for birth, marriage or death re-registration 1. In case any birth, marriage, or death registration has been granted at the competent authority of Vietnam before January 01, 2016 but vital records or originals of civil status documents are lost, the re-registration shall be granted. 2. An applicant for birth, marriage, or death re-registration shall submit sufficient copies of relevant documents. ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. Article 25. Power to grant birth, marriage or death re-registration 1. The People’s Committee of commune which granted the former birth or marriage registration or the People’s Committee of commune where the applicant permanently resides shall grant the birth or marriage re-registration. 2. The People’s Committee of commune which granted the former death registration shall grant the death re-registration. Article 26. Birth re-registration procedures 1. An application for birth re-registration shall include:
2. Within 5 working days from the date in which the application is received, the civil status official shall verify it. If the birth re-registration is consistent with regulations of law, the civil status official shall grant the birth re-registration as prescribed in Clause 2 Article 16 of the Law on Civil Status. ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. Within 05 working days, from the date in which the request is received, the People’s Committee which has granted the former birth registration shall make verification and respond in writing that if the vital records are being kept. 3. Within 3 working days from the date in which verification results that the vital records are no longer kept in the commune where the birth registration has been granted are received and the application is considered satisfactory and consistent with regulations of law, the civil status official shall grant the birth re-registration as prescribed in Clause 2 Article 16 of the Law on Civil Status. 4. If the applicant still obtains a valid copy of the former birth certificate, the birth registration section in the certificate shall be filled out according to such copy, and the child’s parent section shall be filled out according to reality at the time of birth re-registration. 5. If the applicant does not obtain a copy of the former birth certificate, but his/her personal documents are consistent with birth registration contents, they shall prevail. If the applicant’s documents are not consistent with the birth registration contents, those in the document that has been issued by the competent authority firstly shall prevail; birth registration contents of an official/public employee or armed force official shall be identified according to the document issued by the authority’s head as prescribed in Point c Clause 1 of this Article. 6. The Ministry of Justice provides guidelines for documents as the basis for birth re-registration as prescribed in this Article. Article 27. Marriage re-registration procedures 1. An application for marriage re-registration shall include:
... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. If the application for marriage re-registration is submitted at the People’s Committee of a commune other than the commune which has granted the former marriage registration, the civil status official shall report to the President of People’s Committee to request such the People’s Committee to verify the respective vital record. Within 05 working days, from the date in which the request is received, the People’s Committee which has granted the former marriage registration shall make verification and respond in writing that if the vital records are being kept. 3. Within 03 working days from the date in which verification results that the vital records are no longer kept in the commune where the marriage registration has been granted are received and the application is considered satisfactory and consistent with regulations of law, the civil status official shall grant marriage re-registration as prescribed in Clause 2 of this Article 16. 4. The marriage relationship shall be recognized from the date in which the former marriage registration was granted which is specified in the marriage license and the vital record. If the day and month of former marriage registration is not identified, the marriage relationship shall be recognized from January 01, of the year of former marriage registration. Article 28. Death re-registration procedures 1. An application for death re-registration shall include:
2. Within 05 working days from the date in which the application is received, the civil status official shall verify it. If the death re-registration is sufficient, accurate, and consistent with regulations of law, the civil status official shall request the President of People’s Committee to grant an original of death certificate from the vital record, document the death re-registration to the vital record; and then the civil status official and the applicant shall bear signatures and full names in the vital record. ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. Chapter IV CIVIL STATUS REGISTRATION AT THE PEOPLE'S COMMITTEES OF DISTRICTS Section 1. BIRTH AND MARRIAGE REGISTRATION Article 29. Birth registration for children who were born abroad and taken to reside in Vietnam 1. If a child whose parents either is or parents both are Vietnamese citizen(s) was born abroad but has not have birth registered and taken to reside in Vietnam, the People’s Committee of district where he/she resides shall consider granting him/her the birth registration. 2. An applicant for birth registration shall present documents proving the child’s residence in Vietnam and submit the following documents:
... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. 4. As soon as practicable after receiving the application, the Committee Division of Justice shall verify it. If the application is sufficient, accurate, and consistent with regulations of law, the birth registration shall be granted in accordance with procedures as prescribed in Clause 2 Article 36 of the Law on Civil Status. Birth registration contents shall be identified as prescribed in Clause 1 Article 4 of this Decree. Article 30. Application for marriage registration 1. An application for marriage registration shall be made as prescribed in Clause 1 Article 38 of the Law on Civil Status and the following regulations:
If the document certifying marital status of a foreigner has an indefinite term, such document and the certificate issued by the health facility as prescribed in Clause 1 Article 38 of the Law on Civil Status shall only remain valid in 6 months from the date of issue. 2. If the foreigner has no passport for presentation as prescribed in Clause 1 Article 2 of this Decree, he/she may present an international travel paper or a residence card. 3. Apart from the documents prescribed in Clause 1 of this Article, if the partner who is Vietnamese citizen has obtained divorce or marriage annulment at the foreign competent authority, he/she shall also submit a copy of vital record about such divorce or marriage annulment as prescribed in Clause 2 Article 36 of this Decree; or if the partner (Vietnamese citizen) is an official/public employee or an armed force official, he/she shall also submit a document issued by the authority, which certifies that his/her marriage to the foreigner is conformable with regulations of such sector. Article 31. Marriage registration procedures ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. 1. Within 10 working days from the date in which the satisfactory application is received, Committee Division of Justice shall assess it and carry out verification if necessary. Chief of Committee Division of Justice shall be responsible for assessment results and any request of Committee Division of Justice in processing of application for marriage registration. 2. If the application is satisfactory, and both partners meet conditions for marriage as prescribed in the Law on Marriage and Family and are not subject to refusal cases prescribed in Article 33 of this Decree, Committee Division of Justice shall request the President of People’s Committee of district to sign 2 originals of marriage licenses. 3. According to particular situation, whenever necessary, the Ministry of Justice requests the Prime Minister to provide additional regulations on inquiry procedures when the application for marriage registration is processed in order to protect lawful rights and interests of the partners and ensure the effective state management. Article 32. Granting marriage licenses 1. Within 03 working days from the date in which the President of People’s Committee of district signs marriage licenses, Committee Division of Justice shall grant marriage licenses to the partners in person. 2. Granting marriage licenses shall comply with Clause 3 Article 38 of the Law on Civil Status. Marriage licenses shall be valid from the date in which they are documented in the vital records and granted to the partners as prescribed in this Clause. 3. If either or both partner(s) cannot be present to receive marriage license(s), Committee Division of Justice shall, upon their request in writing, give an extension of the duration for provision of such marriage license(s) but it does not exceed 60 days, from the date in which the President of People’s Committee of district signs marriage licenses. Upon expiration of such 60-day period, if both partners fail to receive marriage licenses, Committee Division of Justice shall request the President of People’s Committee of district to cancel the signed marriage licenses. If the partners still wish to get married thereafter, they shall follow the procedures for marriage registration from the beginning. ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. 1. The marriage registration shall be refused if either or both partner(s) commit(s) violations or does/do not meet conditions for marriage as prescribed in the Law on Marriage and Family of Vietnam. 2. If the application for marriage registration is refused by the People’s Committee of district, Committee Division of Justice shall provide them with explanation in writing. Section 2. DOCUMENTING IN VITAL RECORDS MARRIAGE OF VIETNAMESE CITIZENS SETTLED AT FOREIGN COMPETENT AUTHORITIES Article 34. Conditions for documenting in vital records marriage of Vietnamese citizens settled at foreign competent authorities 1. The marriage between Vietnamese citizens or a Vietnamese citizen and a foreigner that has been settled at a foreign competent authority shall be documented in the vital records if both partners, at the time of marriage, meet all conditions for marriage and do not commit violations against the Law on Marriage and Family of Vietnam. 2. If the partners, at the time of marriage registration at the foreign competent authority do not meet conditions for marriage but do not commit any violation against the Law on Marriage and Family, and consequences has been remedied or the marriage record is made for the purpose of protection of interests of Vietnamese citizen and children, at the time of request for documenting in vital records, the marriage shall be documented in the vital records. Article 35. Procedures for marriage record 1. An application for marriage record shall be submitted by either one partner at the competent authority as prescribed in Clause 1 Article 48 of the Law on Civil Status, including:
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2. The duration for marriage record is 5 working days, from the date in which Committee Division of Justice receives the application. In case of necessity to make verification, the processing duration is 10 working days. 3. Procedures for marriage record shall comply with Clause 2 Article 50 of the Law on Civil Status and the following regulations:
Article 36. Refusal of marriage record 1. An application for marriage record shall be refused in any of the following cases:
... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. 2. If the application for marriage registration is refused by the People’s Committee of district, Committee Division of Justice shall provide the applicant with explanation in writing. Section 3. DOCUMENTING IN VITAL RECORDS DIVORCE OR MARRIAGE ANNULMENT SETTLED AT COMPETENT FOREIGN AUTHORITIES Article 37. Procedures for documenting in vital records divorce and marriage annulment 1. Any divorce or marriage annulment judgment and decision, any divorce agreement that is legally effective or another document that recognizes the divorce issued by a foreign competent authority (hereinafter referred to as “divorce document”) without any violation against the Law on Marriage and Family shall be documented in the vital record. 2. A Vietnamese citizen who obtained divorce or marriage annulment abroad and then returned Vietnam to permanently reside or apply for new marriage registration at the competent authority in Vietnam shall apply for documenting such divorce or marriage annulment that has been settled abroad in the vital record (hereinafter referred to as “divorce record”). In case of multiple divorces of marriage annulments, the latest divorce record is required. 3. According to the official information, the Ministry of Justice posts on its website a list of divorce and marriage annulment judgments and decisions of Vietnamese citizens that have been settled by foreign competent authorities with applications for enforcement in Vietnam or non-recognition in Vietnam. Article 38. Power to document divorce record The power to document divorce record shall be identified as prescribed in Clause 2 Article 48 of the Law on Civil Status and the following regulations: 1. The People’s Committee of district which granted the marriage registration or documented former marriage in the vital record shall document the divorce record. ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. If the former marriage is registered at the People’s Committee of commune, the divorce record shall be documented by the superior People’s Committee of district. If the Vietnamese citizen does not permanently reside in Vietnam, the divorce record shall be documented by the People’s Committee of district where he/she resided before leaving Vietnam’s territory. 2. If an overseas Vietnamese returning to Vietnam for permanent residence applies for divorce record and his/her former marriage registration was granted at a representative body or a foreign competent authority, the divorce record shall be documented by the People’s Committee of district where he/she permanently resides. 3. If an overseas Vietnamese applies for divorce record for new marriage and his/her former marriage registration was granted at a foreign competent authority or representative body, the divorce record shall be documented by the People’s Committee of district which receives the application for new marriage registration. Article 39. Procedures for divorce record 1. An application for divorce record shall include:
2. Procedures for divorce record shall comply with Clause 2 Article 50 of the Law on Civil Status and the following regulations: ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. In case of necessity to make verification, the processing duration is 10 working days.
Section 4. BIRTH, MARRIAGE OR DEATH RE-REGISTRATION Article 40. Conditions for birth, marriage or death re-registration 1. In case any birth, marriage, or death registration of an overseas Vietnamese or a foreigner has been granted at the competent authority of Vietnam before January 01, 2016 but the vital record and an original of civil status document are lost, the re-registration shall be granted. 2. The birth or marriage re-registration is only granted if the applicant is still alive at the time of receiving application. Article 41. Power to grant birth, marriage or death re-registration 1. The People’s Committee of district which granted former birth, marriage or death registration shall grant birth, marriage or death re-registration. ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. 3. If the former birth, marriage or death registration was granted by the People’s Committee of province or Service of Justice, the birth, marriage or death re-registration shall be granted by the People’s Committee of district where the applicant resides; if such applicant does not reside in Vietnam, the birth, marriage or death re-registration shall be granted by the People’s Committee of district where the headquarter of Service of Justice is located. Article 42. Procedures for birth, marriage or death re-registration Procedures for birth, marriage or death re-registration shall be conducted in accordance with Articles 26, 27, and 28 of this Decree. Chapter V IMPLEMENTATION CLAUSE [5] Article 43. Responsibility for implementation 1. The President of the People’s Committee of province shall direct performance of tasks prescribed in the Law on Civil Status and this Decree, and adopt the following measures to ensure the effectiveness in registration and management of civil status affairs in the province:
... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. 2. The President of the People’s Committee of district/commune shall direct performance of tasks prescribed in the Law on Civil Status and this Decree, and adopt the following measures to ensure the effectiveness in registration and management of civil status affairs in the district/commune
3. The Presidents of the People’s Committees shall be responsible for the recruitment and placement of civil status officials in contravention with the Law on Civil Status and this Decree. Article 44. Transitional clauses 1. Any application for civil status registration that a Registry had received before January 01, 2016 but has not settled shall continue to be settled according to regulations in Government's Decree No. 158/2005/ND-CP dated December 27, 2005 on registration and management of civil status affairs and the Government's Decree No. 126/2014/ND-CP dated December 31, 2014 on guidelines for Law on Marriage and family. 2. If couples cohabit before January 03, 1987 without marriage registration, they are encouraged and enabled to apply for marriage registration. Their marriage relationship shall be recognized from the date in which the couple has established the cohabitation. The power and procedures for marriage registration shall comply with Articles 17 and 18 of the Law on Civil Status. Article 45. Effect ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. 2. The following legislative documents, Articles and Clauses shall be annulled:
dd) Sections 1 through 6 of Chapter III, including Articles 19 through 50 and Point a Clause 1 Article 63 of the Government's Decree No. 126/2014/ND-CP dated December 31, 2014 on guidelines for Law on Marriage and Family. 3. Clause 2 Article 63 of the Government's Decree No. 126/2014/ND-CP dated December 31, 2014 on guidelines for Law on Marriage and Family shall be amended as follows: “2. Each Service of Justice shall assist the People's Committee of province in performing state management of marriage and family involving foreign elements in the province, and specific duties and entitlements as prescribed in this Decree 4. Ministries, Heads of ministerial agencies and Governmental agencies, the Presidents of People's Committees at all levels and relevant organizations and individuals shall be responsible for implementation of this Decree./. ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. CONFIRMED BY PP. THE MINISTER DEPUTY MINISTER Mai Luong Khoi [1] Government’s Decree No. 87/2020/ND-CP dated July 28, 2020 on electronic civil status database and online civil registration is promulgated pursuant to: “Law on Government Organization dated June 19, 2015; Law on Civil Status dated November 20, 2014; Law on E-transactions dated November 29, 2005; Law on Information Technology dated June 29, 2006; ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. At the request of the Minister of Justice of Vietnam; The Government promulgates Decree on electronic civil status database and online civil registration.” Government’s Decree No. 104/2022/ND-CP on amendments to Decrees on submission and presentation of household register booklets, temporary residence register booklets upon carrying out administrative procedures or providing public services is promulgated pursuant to: “Law on Government Organization dated June 19, 2015; the Law on amendments to some Articles of the Law on Government Organization and Law on Local Government Organization dated November 22, 2019; Law on Residence dated November 13, 2020; At the request of the Minister of Public Security of Vietnam; The Government promulgates Decree on amendments to Decrees on submission and presentation of household register booklets, temporary residence register booklets upon carrying out administrative procedures or providing public services.” [2] The phrase “In the transitional stage, the applicant for civil status registration shall present documents proving his/her place of residence” is annulled by Clause 2 Article 13 of Decree No. 104/2022/ND-CP on amendments to Decrees on submission and presentation of household register booklets, temporary residence register booklets upon carrying out administrative procedures or providing public services, which comes into force from January 01, 2023.” [3] This Clause is annulled by Clause 2 Article 25 of Government’s Decree No. 87/2020/ND-CP on electronic civil status database and online civil registration, which comes into force from September 15, 2020; ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. [5] Article 24 and Article 25 of Government’s Decree No. 87/2020/ND-CP dated July 28, 2020 on electronic civil status database and online civil registration, which comes into force from September 15, 2020 stipulate that: “Article 24. Transition clauses 1. Local civil registration and management agencies shall use common civil registration and management software in a uniform manner from the effective date hereof. 2. People’s Committees of all levels shall be responsible for implementing digitalization, management and extraction of civil status data from physical book; converting and standardizing data from local electronic civil registration software implemented before the effective date hereof and updating electronic civil status database as instructed by Ministry of Justice and finishing before January 01, 2025. 3. Extraction and use of electronic civil status database for performance of online civil registration shall be decided by the People’s Committees of provinces regarding scope, level and time of implementation according to practical information infrastructure conditions of each area. 4. Ministry of Justice shall take charge and cooperate with Ministry of Foreign Affairs in upgrading and calibrating common civil registration and management software for uniform implementation in representative missions and Ministry of Foreign Affairs. 5. Ministry of Foreign Affairs shall agree with Ministry of Justice on scope, level and time of implementing common civil registration and management software according to practical conditions in each representative mission and finishing before January 1, 2022; digitalizing, managing and extracting civil status data from physical books, updating electronic civil status database as instructed by Ministry of Justice and finishing before January 1, 2025. 6. Civil registers initiated before the effective date hereof shall be concluded when number thereof are fully registered, verified true copies, transferred and stored as specified under Clause 1 and Clause 2 Article 12 Decree No. 123/2015/ND-CP . 7. Once electronic civil status database and national population database are brought into uniform operation and application, agencies processing administrative procedures shall be responsible for connecting with these databases to verify marital status of applicants for administrative procedures without requesting submission of marital status confirmation. ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. Article 25. Implementation clause 1. This Decree comes into effect from September 15, 2020. 2. Clauses 1 and 2, Article 12 of the Government's Decree No. 123/2015/ND-CP dated November 15, 2015 shall be annulled. 3. The Minister of Justice within his/her functions, tasks and powers is responsible for organizing implementation, guiding and examining implementation of this Decree. 4. Ministries, Heads of ministerial agencies and central agencies, the Presidents of People's Committees of provinces and relevant agencies, organizations and individuals shall be responsible for implementation of this Decree.” Article 15 of Decree No. 104/2022/ND-CP on amendments to Decrees on submission and presentation of household register booklets, temporary residence register booklets upon carrying out administrative procedures or providing public services, which comes into force from January 01, 2023 stipulates that; “Article 15. Implementation 1. Ministers, Heads of ministerial-level agencies, Heads of the Governmental agencies, the Presidents of the People's Committees of provinces and central-affiliated cities shall implement this Decree and announce administrative procedures within their management. |
