Nghị định 158/2005/ND-CP

Decree No.158/2005/ND-CP of December 27, 2005, on civil status registration and management

Decree No.158/2005/ND-CP on civil status registration and management đã được thay thế bởi Decree 123/2015/ND-CP guidelines for law on civil status và được áp dụng kể từ ngày 01/01/2016.

Nội dung toàn văn Decree No.158/2005/ND-CP on civil status registration and management


THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No: 158/2005/ND-CP

Ha Noi, day 27 month 12 year 2005

 

DECREE

ON CIVIL STATUS REGISTRATION AND MANAGEMENT

THE GOVERNMENT

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

Pursuant to the June 14, 2005 Civil Code;

Pursuant to the June 9, 2000 Law on Marriage and Family;

At the proposal of the Minister of Justice,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1. Civil status and registration of civil status

1. Civil status means fundamental events determining the personal status of a person from the time he/she is born to the time he/she dies.

2. Civil status registration under the provisions of this Decree means that competent state agencies:

a/ Certify the events of birth; marriage; death; child adoption; guardianship; recognition of father, mother, child; change, correction, supplement, adjustment of civil status; re-determination of gender; re-determination of ethnicity;

b/ Based on decisions of competent state agencies, write in civil status books the events of determination of father, mother, child; change of citizenship; divorce; annulment of illegal marriage; termination of child adoption.

3. The registration of marriage; the recognition of father, mother, child; and the child adoption which involve foreign elements shall 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.

Article 2. Purposes of civil status management

Civil status management is an important and regular task of the administration at all levels, aiming to monitor the actual situation of and changes in civil status and, on that basis, to protect the legitimate rights and interests of individuals and families, at the same time contribute to formulating economic, social, security, defense, population and family planning policies.

Article 3. Right and obligation to register civil status

Individuals shall have the right and obligation to make civil status registration

Persons responsible for performing civil status registration must voluntarily register civil status events in accordance with the provisions of this Decree.

Civil status registration offices shall have to create favorable conditions for every individual to exercise his/her right and perform his/her obligation to make civil status registration.

Article 4. Principles on civil status registration and management

1. All civil status events must be registered fully, promptly and accurately in accordance with the provisions of this Decree.

2. Each civil status event can be registered only at one place strictly according to the competence provided for in this Decree.

3. Superior civil status management offices must regularly examine, urge, guide and direct their subordinates; if detecting violations, they must rectify and handle them in time.

4. Civil status registration offices must post up publicly and accurately the regulations on papers to be produced or submitted by civil status registration applicants for civil status registration, on the time limit for settlement and civil status registration fees.

Article 5. Legal validity of civil status papers

1. Civil status papers granted to individuals by competent state agencies under the provisions of law on civil status shall serve as legal bases for certification of civil status events of such individuals.

2. The birth certificate is an original civil status paper of each individual. All files and papers of individuals written with their family names, given names, middle names; dates of birth; gender, ethnicity; citizenship; native places; parental, offspring relations must be compatible with the birth certificates of such persons.

3. Civil status papers granted by overseas-based diplomatic missions, consular offices of Vietnam (hereinafter referred to as Vietnamese diplomatic missions and consulates) shall have the same validity as civil status papers granted domestically.

Article 6. Use of civil status papers issued by competent foreign bodies

1. Civil status papers issued by competent foreign bodies must be consular legalized when they are used in Vietnam, except otherwise provided for by treaties to which the Socialist Republic of Vietnam is a party.

Civil status papers issued by Vietnam-based foreign diplomatic missions or consulates to their citizens for use in Vietnam shall be exempt from consular legalization on the basis of reciprocity.

2. Civil status papers specified in Clause 1 of this Article in foreign languages must be translated into Vietnamese and the translations must be notarized according to the provisions of Vietnamese law.

3. Vietnamese citizens who possess civil status papers specified in Clause 1 of this Article and return to the country for permanent residence shall have to carry out the procedures for recording in civil status books according to the provisions in Section 4, Chapter III of this Decree.

Article 7. Witnesses

1. In cases where this Decree provides for testimonies, witnesses must have full civil act capacity and clearly know the facts they testify to.

2. Witnesses must bear responsibility before law for the accuracy of the facts they have testified to.

Article 8. Determination of the competence for civil status registration

Where this Decree provides the civil status registration competence according to residence places, the civil status registration competence shall be determined as follows:

1. For Vietnamese citizens living in the country, civil status registration shall be made at the places where they register their permanent residence in household registration books; in case of non-availability of such places of permanent residence registration, civil status registration shall be made at the places where they register their temporary residence for a definite period according to the provisions of law on household registration.

2. For foreigners residing in Vietnam, civil status registration shall be made at the places where they register their permanent residence; in case of non-availability of such places of permanent residence registration, civil status registration shall be made at the places where such persons register their temporary residence.

Article 9. Personal papers to be produced upon civil status registration

Upon civil status registration, if civil status judicial officials of communes, wards or district townships (hereinafter called civil status judicial officials) or judicial officials of Justice Sections of rural districts, urban districts, provincial capitals or towns (hereinafter called judicial officials of Justice Sections) or civil status officials of provincial/municipal Justice Services do not know clearly about the personal identities or residence places of the persons concerned, they shall request the latter to produce the following papers for examination:

1. People’s identity cards or passports of the civil status registration applicants in order to identify such individuals;

2. Household registration books, written certifications of collective residence registration or temporary residence registration papers (for Vietnamese citizens living in the country); permanent residence cards, temporary residence cards or certificates (for foreigners residing in Vietnam) for use as grounds to determine the civil status registration competence under the provisions of this Decree.

Article 10. Authorization

Persons who request civil status registration (except for marriage registration, child adoption registration, guardianship registration, registration of recognition of father, mother or child) or apply for civil status papers but have no conditions to personally go to civil status registration offices may authorize other persons to do such things for them. Authorization must be made in writing and notarized or lawfully authenticated.

If the authorized persons are the grandfathers, grandmothers, fathers, mothers, children, spouses or siblings of the authorizing persons, letters of authorization are not required.

Article 11. Application of treaties

In cases where treaties to which the Socialist Republic of Vietnam is a party contain provisions different from those of this Decree, the provisions of such treaties shall apply.

Article 12. Civil status registration fees

Civil status registration offices shall be entitled to collect fees according to the provisions of law which are inclusive of expenses for civil status papers and forms.

The levels, collection, remittance and use of civil status registration fee shall be prescribed by the Finance Ministry.

Chapter II

CIVIL STATUS REGISTRATION

Section 1. BIRTH REGISTRATION

Article 13. Birth registration competence

1. The People's Committees of communes, wards or district townships (hereinafter called the commune-level People's Committees) where the mothers reside shall effect the birth registration for their children; if it is unable to identify the residence places of the mothers, the commune-level People's Committees of the localities where the fathers reside shall effect birth registration.

2. Where the residence places of mothers and fathers are unidentifiable, the commune-level People's Committees of the localities where the children are de facto living shall effect birth registration.

3. The birth registration for abandoned children shall be carried out at the commune-level People’s Committees of the localities where the persons temporarily fostering such children reside or where the organizations temporarily fostering such children are headquartered.

Article 14. Time limit for making birth registration and responsibility to make birth registration

Within 60 days after a child is born, his/her father or mother shall have to make birth registration for his/her child; if the father or mother cannot go to make birth registration, the grand father, grand mother or other next of kin shall go to make birth registration for the child.

Article 15. Procedures for birth registration

1. A birth registration applicant must submit the birth-certifying paper (made according to a set form) and produce the certificate of marriage of the father and mother of the infant (if the father and mother of the infant have registered their marriage).

Birth-certifying papers shall be granted by medical establishments where the infants are born; if infants are born outside medical establishment, birth-certifying papers shall be replaced by written certifications of witnesses. Where witnesses are not available, birth registration applicants must make written pledges that the birth is real.

Where civil status judicial officials are well aware of the marriage between the infants' parents, marriage certificates must not necessarily be produced.

2. After examining all valid papers, civil status judicial officials shall record in the birth registration books and original birth certificates, and the commune-level People's Committee presidents shall sign and grant original birth certificates to the applicants each with one. The duplicates of birth certificates shall be issued at the request of birth registration applicants.

3. In case of registering the birth of an out-of-wedlock infant, if his/her father cannot be identified, the sections for information on father in the birth registration books and birth certificates shall be left blank. If by the time of birth registration, an infant is recognized by some one, the commune-level People's Committee shall handle the child recognition and the birth registration at the same time.

Article 16. Registration of birth for abandoned children

1. Persons who discover abandoned children shall have to protect them and immediately report thereon to the commune-level People's Committees or the police offices of communes, wards or district townships where the children were abandoned for making a record thereon and finding persons or organizations to temporarily foster such children.

Such record must be clearly written with the date and place of discovery of the abandoned child; the child's sex; identification characteristics; property and other belongings (if any); the full names and address of the discoverer. A record shall be made in two copies, one of which to be kept at the commune-level People's Committee which made the record and the other to be handed to the person or organization temporarily fostering the child.

2. The commune-level People's Committees which make the records shall have to make announcements on local radio or television stations in order to find the natural fathers and/or mothers of the children. The radio or television stations shall have to broadcast the information on the abandoned children free of charge three times for three consecutive days. Upon the expiry of the 30-day time limit counting from the date of the last announcement, if the natural fathers and/or mothers are not found, the persons or organizations temporarily fostering the children shall have to make birth registration.

3. Upon registration of birth for abandoned children, the full names of the children shall be recorded at the request of the birth registration applicants; if there are no grounds to identify the birth date and birth place, the date on which the abandoned child was discovered shall be his/her birth date; his/her birth place shall be the locality where the record was made; the child citizenship shall be Vietnamese. The sections for information on father, mother and ethnicity of the child in the birth certificate and birth registration book shall be left blank. In the notes column of the birth registration book, the words "tre em bi bo roi" (child abandoned) must be clearly written. Where child are adopted, civil status judicial officials shall base on the decisions recognizing the child adoption to write the full names of the adoptive fathers and/or mothers in the sections on father and mother in the birth registration books and the birth certificates of the adopted children; in the notes column of the birth registration books, the words "cha, me nuoi" (adoptive father, mother) must be clearly written; such notes must be kept secret and may be inquired into only by competent persons.

4. Where abandoned children are not infants, the record making and announcement to find their natural fathers and/or mothers shall also comply with the provisions of Clauses 1 and 2 of this Article. Upon birth registration, the contents related to birth registration shall be written according to declarations by such children; if the children cannot remember, the children's physical conditions shall serve as a basis for determination of their birth year while the birth day shall be January 1 of that year; the full names of the children shall be written at the request of the birth registration applicants; the children's citizenship shall be Vietnamese; for unidentifiable details, the relevant sections shall be left blank. In the notes column of the birth registration books, the words "tre em bi bo roi" (child abandoned) must be clearly written.

Section 2. MARRIAGE REGISTRATION

Article 17. Competence for marriage registration

1. The commune-level People's Committee of the locality where the male partner or the female partner resides shall register the marriage.

2. Where both the male and female partners are Vietnamese citizens who are working, studying laboring in a foreign country and return home to make their marriage registration but have had their permanent residence registration deleted in household registration books, their marriage registration shall be made at the commune-level People's Committee of the locality where either of them had resided before his/her departure from Vietnam.

Article 18. Marriage registration procedures

1. Upon marriage registration, the male and female partners must submit the declarations (made according to a set form) and produce their people's identity cards.

Where a person resides in one commune, ward or district township but makes marriage registration in another commune, ward or district township, the certification of his/her marital status by the commune-level People's Committee of his/her place of residence is required.

For persons working, studying or laboring in a foreign country and returning home to make their marriage registration, the certification of their marital status by the Vietnamese diplomatic mission or consulate based in the foreign country is required.

For officers and men being in active service in the armed forces, the certification of their marital status shall be made by the heads of their units.

The above-mentioned marital status certification may be made directly on the marriage registration declarations or in the marital status certification papers according to the provisions of Chapter V of this Decree.

A marital status certification shall be valid for 6 months counting from the date of certification.

2. Within 5 days after the full receipt of valid papers, if deeming that the male and female partners fully meet the marriage conditions provided for by the Law on Marriage and Family, commune-level People's Committees shall effect the marriage registration for the couple.

Where verification is required, the above-said time limit may be prolonged for 5 days at most.

3. Upon marriage registration, the presence of the male and female partners is required. The representative of the commune-level People's Committee shall request the two partners state their aspirations for voluntary marriage; if the two partners agree to get married, the civil status judicial official shall write such in the marriage registration book and the marriage certificate. The male and female partners shall sign the marriage certificate and the marriage registration book; the commune-level People's Committee president shall sign and grant the marriage certificate to the couple, each partner with one original, and explain to the two partners the rights and duties of the husband and the wife under the Law on Marriage and Family. The duplicates of marriage certificates shall be issued at the request of husbands and/or wives.

Section 3. DEATH REGISTRATION

Article 19. Competence for death registration

1. The commune-level People's Committee of the last place of residence of a dead person shall effect death registration.

2. Where the last place of residence of the dead person is unidentifiable, the commune-level People’s Committee of the locality where such person dies shall effect death registration.

Article 20. Time limit for making death registration and responsibility to register death

1. The time limit for making death registration is 15 days counting from the date of death.

2. Relatives of the dead persons shall have to make death registration; if a dead person has no relative, the house owner or the responsible person of the agency, unit, organization or locality where such person worked or resided before death shall have to make death registration.

Article 21. Death registration procedures

1. The death registration applicants must submit the death notices or papers substituting for death notices as provided for in Article 22 of this Decree.

2. After examining all the valid papers, civil status judicial officials shall record in the death registration books and death certificates; commune-level People's Committee presidents shall sign and grant the original death certificates to the death registration applicants, each with one. The duplicates of death certificates shall be issued at the request of death registration applicants.

Article 22. Death notices

1. A death notice must clearly state the full name and address of the dead person; the hour, day, month and year of his/her death; the place of death and the cause of his/her death.

2. Competence to issue death notices

a/ For persons who die in hospital or medical establishment, the hospital director or the person in charge of such medical establishment shall issue death notices;

b/ For persons who reside in one place but die in another place, besides the medical establishments, the commune-level People's Committees of the localities where such persons die shall issue death notices;

c/ For dead persons being army men in active service, military employees, reserve army men in the period of concentrated training or combat readiness or combat service inspection and persons rallied to perform military tasks and directly managed by army units, the heads of such units shall issue death notices;

d/ For persons who die in a prison, detention camp, temporary detention camp, temporary detention house or custody house, the head of such detention or custody place shall issue death certificates;

e/ For persons who die in a reformatory education camp managed by the police, the heads of such agency shall issue death notices;

f/ For persons who die due to execution of death sentences, the chairmen of the death sentence execution councils shall issue death notices;

g/ Where a person has been declared dead by the court, the legally effective decision of the court shall replace the death notice;

h/ Where a person dies in doubt, the documents identifying the cause of his/her death issued by the police office or the medical body of the district or higher level shall replace the death notice;

i/ For persons who die on a means of transport, the commander or operator of such means of transport must make a record certifying the death, which is signed by at least two persons also traveling on such means. The record certifying the death shall replace the death notice;

j/ For persons who die at a lodging house, the written certification of their death by witnesses shall replace the death notice.

3. The death notices or papers substituting for death notices specified in Clause 2 of this Article shall be issued to relatives of the dead persons who make death registration. Where a dead person has no relative, death notice shall be addressed to the commune-level People's Committee which is competent to effect death registration under the provisions of Article 19 of this Decree for effecting death registration.

Article 23. Registration of birth and death for dead newborns

Newborns who survive for 24 hours or more before their death must also have their births and deaths registered. If the newborns' parents do not go to make birth registration and death registration, the civil status judicial officials shall themselves determine the contents to be recorded in the birth registration books and the death registration books. In the notes column of the birth registration books and the death registration books, the words "tre chet so sinh" (dead newborn) must be clearly written.

Article 24. Death registration for persons declared dead by the court

1. The registration of death for persons who have been declared dead by the court shall be effected when the court decisions take legal effect.

The persons who request the court to declare a person dead must make death registration.

2. Where a person has been declared dead by the court and his/her death has been registered but later returns alive and the court annuls its death declaration, the commune-level People's Committee with which his/her death was registered shall base itself on the legally effective decision of the court to delete such person's name from the death registration book and recover the issued death certificate.

Section 4. REGISTRATION OF CHILD ADOPTION

Article 25. Competence to register child adoption

1. The commune-level People's Committees of the localities where the child adopters register child adoption.

2. Where abandoned children are adopted, the commune-level People's Committees which have certified in writing the child abandonment shall register the child adoption; if such children have been sent to foster homes, the commune-level People's Committees of the localities where the foster homes are located shall register the child adoption.

Article 26. Dossiers of child adoption registration

A child adoption registration dossier shall consist of:

1. A written agreement on child giving and adoption (made according to a set form).

A written agreement on child giving and adoption must be made by the very natural father and/or mother and the adopter of the child, even in cases where the natural father and mother have divorced. Where a parent has died, lost his/her civil act capacity or has been restricted in his/her act capacity, only the signature of the other parent is required; if both parents have died, lost their civil act capacity or been restricted in their civil act capacity, the person or organization that undertakes child guardianship shall replace the natural parents to sign the written agreement. For children living in foster homes whose natural parents' addresses are unidentifiable, the representatives of the foster homes shall sign the written agreements.

If the adopted children are full 9 years or older, the written agreements must contain their opinion agreeing to be adopted, except where they have lost their civil act capacity or been restricted in their civil act capacity.

In case the adopters reside in communes, wards or district townships where the adoption of children defined in Clause 2, Article 25 of this Decree, is registered, the written agreement on child giving and adoption must contain the certification by the commune-level People's Committees of the localities where the adopters reside that such persons fully satisfy the conditions on child adoption under the provisions of the Law on Marriage and Family.

2. A copy of the birth certificate of the to be-adopted person.

3. The record certifying the child abandonment if the to be- adopted person is an abandoned child.

Article 27. Order of child adoption registration

1. Child adopters must personally file the child adoption dossiers with the commune-level People’s Committees with which child adoption is registered.

2. Before registering a child adoption, civil status judicial officials shall have to carefully examine and verify the following contents:

a/ The voluntariness of child giving and adoption;

b/ The child adopter's capacity;

c/ The purpose of child adoption.

The time limit for examination and verification of the above contents shall not exceed 5 days after the full receipt of valid dossiers. Where it is necessary to make additional verification, such time limit can be prolonged for 5 days at most.

After the above time limit, if deeming that the child giving and adoption fully meets the conditions prescribed by the Law on Marriage and Family, the commune-level People’s Committees shall register the child adoption.

3. Upon registration of child adoption, the presence of the child giver and child adopter is required; if the to be-adopted person is full 9 or older, his/her presence is also required. The civil status judicial official shall record in the child adoption registration book and decide to recognize the child adoption. The commune-level People's Committee president shall sign and grant the decision recognizing the child adoption to the concerned persons, each with one original. The duplicates of decisions on recognition of child adoption shall be issued at the request of the child giver and child adopter. The child giver shall have to hand over to the adoptive parents the original birth certificate of the adopted child.

Article 28. Supplementation, amendment of birth certificates of adopted children

1. Where adopted children are abandoned children and the sections on father and mother in their birth certificates and the birth registration books are still left blank, the commune-level People's Committees with which the birth registration has been made shall base themselves on the decisions recognizing the child adoption to supplement the information on the adoptive father and mother in the sections on father and mother in the adopted children's birth certificates and the birth registration books, if so requested by the adoptive parents. In the notes column of the birth registration books, the words "cha, me nuoi" (adoptive father, mother) must be clearly written.

2. Where the natural and adoptive parents reach agreement to change in the father and mother declaration from natural parents to adoptive parents in the adopted children' birth certificates and the birth registration books, the commune-level People’s Committees with which the adopted children's births are registered shall re-register the births accordingly. In the notes column of the birth registration books, the words "cha, me nuoi" (adoptive father, mother) must be clearly written. The birth re-registration must be clearly written in the notes column of the birth registration books. The originals and duplicates of the birth certificates of adopted children shall be issued with the new contents. The old birth certificates must be recovered.

The changes in the father and mother declaration as stated in Clause 2 of this Article must be consented by the adopted children who are full 9 years or older.

Section 5. REGISTRATION OF GUARDIANSHIP

Article 29. Competence to register guardianship

The commune-level People's Committees of the localities where the guardians reside or the guardianship-undertaking agencies or organizations are headquartered shall register guardianship.

Article 30.- Guardianship registration procedures

1. Persons appointed to be guardians must submit the guardian-appointing papers. The guardian-appointing papers shall be made by the guardian appointers; if many persons appoint a guardian, all of them must sign the guardian-appointing paper.

2. Within 5 days after the full receipt of valid dossiers, if deeming that the guardianship fully meets the conditions set by law, the commune-level People's Committees shall register the guardianship. Where it is necessary to make verification, the above-said time limit may be prolonged for 5 days at most.

Upon registration of guardianship, the presence of the guardian appointers and appointed guardians is required. Civil status judicial officials shall record in the guardianship registration books and decide to recognize the guardianship, and the commune-level People’s Committee presidents shall sign and grant the guardianship-recognizing decisions to the guardian appointers and appointed guardians, each with an original thereof. The duplicates of guardianship-recognizing decisions shall be issued at the request of guardians and guardian appointers.

Where a ward has his/her own properties, the guardian appointer must make a list of such properties, clearly stating their conditions, which must be signed by the guardian appointer and the appointed guardian. Such list shall be made in 3 copies, one of which to be archived at the commune-level People's Committee with which the guardianship is registered, one to be handed to the guardian and one to the guardian appointer.

Article 31. Registration of guardianship termination or change

1. The commune-level People's Committees with which the guardianship has been registered shall register guardianship termination.

2. The guardianship termination requesters must submit the declaration (made according to a set form), the granted guardianship-recognizing decision and produce necessary papers to prove the full satisfaction of the conditions on guardianship termination as provided for in the Civil Code.

Where a ward has personal properties, which have been listed upon registration of guardianship, the person requesting guardianship termination must submit a list of such properties and a list of existing properties of the ward.

3. Within 5 days after the full receipt of valid papers, if deeming that guardianship termination request is compliant with the provisions of law and free from disputes, the civil status judicial official shall fill in the decision recognizing the guardianship termination, and also write notes on the guardianship termination in the guardianship registration book. The commune-level People's Committee president shall sign and grant the guardianship termination requesters the guardianship termination-recognizing decision, each with one original thereof. The duplicates of guardianship termination-recognizing decisions shall be issued at the request of the involved persons.

4. Where a guardian proposes the change of guardian and there is another person who fully meets the guardianship conditions, the involved parties shall carry out the procedures to register the termination of the old guardianship and register the new guardianship under the provisions in this Section.

Section 6. REGISTRATION OF RECOGNITION OF FATHER, MOTHER, CHILD

Article 32. Conditions for registration of recognition of father, mother, child

1. The recognition of father, mother, child under the provisions of this Section shall be effected if the persons recognizing and recognized as father, mother or child is still alive at the time of registration of recognition of father, mother, child and the recognition of father, mother, child is voluntary and dispute-free.

2. Adult children or guardians of minor children or of adult children who have lost their civil act capacity may carry out procedures for recognition of father, mother according to the provisions of this Section, in cases where fathers, mothers have died and the recognition of father, mother, child is voluntary and dispute-free.

Article 33. Competence to register the recognition of father, mother, child

The commune-level People's Committees of localities where the persons recognizing or recognized as fathers, mothers, children reside shall register recognition of father, mother, child.

Article 34. Procedures for registration of recognition of father, mother, child

1. The father, mother or child recognizers must submit their declarations (made according to a set form). Where the fathers or mothers recognize their minor children, the consent of the current fathers or mothers of such children is required, except where such persons have died, lost their civil act capacity or been restricted in their civil act capacity.

Together with the declarations, the following papers must be produced:

a/ The birth certificates (originals or duplicates) of the children;

b/ Papers, objects or other evidence proving the father-child or mother-child relations (if any).

2. Within 5 days after the full receipt of valid dossiers, if deeming that the recognition of father, mother, child is true and dispute-free, the commune-level People's Committees shall register the recognition of father, mother, child.

In cases where it is necessary to make verification, the above-said time limit may be prolonged for 5 days at most.

3. Upon registration of recognition of father, mother, child, the presence of the fathers, mothers, children is required, except for cases where the persons recognized to be fathers or mothers have died. Civil status judicial officials shall record in the father, mother, child recognition registration books and fill in the decisions on recognition of father, mother, child. Commune-level People's Committee presidents shall sign and grant the decisions on recognition of father, mother, child to the persons concerned, each with one original. The duplicates of the decisions shall be issued at the request of the parties.

Article 35. Supplementation, correction of birth registration books and birth certificates of children

1. Based on the decisions on recognition of father, mother, child, the commune-level People's Committees of the localities where the children’ births were registered shall fill in the sections for information on father, mother in the birth registration books and the originals of the children's birth certificates, if such sections remain blank.

Where duplicates of the birth registration book have been transferred for archival at the People's Committees of rural districts, urban districts, provincial capitals or towns (hereinafter called the district-level People's Committees), the commune-level People's Committees shall notify such to the district-level People's Committees for similar fill in.

2. Where the sections for information on father, mother in the birth registration books and the originals of the children's birth certificates have been written with the names of persons other than the natural fathers, mothers, the involved persons shall have to carry out the procedures for correction according to the provisions of Section 7 of this Chapter.

Section 7. CHANGES IN, CORRECTION OF CIVIL STATUS, RE-DETERMINATION OF ETHNICITY, RE-DETERMINATION OF GENDER, SUPPLEMENTS TO CIVIL STATUS, ADJUSTMENT OF CIVIL STATUS

Article 36. The scope of changing, correcting civil status, re-determining the ethnicity, re-determining the gender, supplementing civil status, adjusting civil status

The scope of changing, correcting civil status, re-determining the ethnicity, re-determining the gender, supplementing civil status, adjusting civil status under the provisions of this Section shall cover:

1. Changes in family names, given names, middle names, which have been correctly registered in birth registration books and the original birth certificates but are requested for changes by individuals with plausible reasons under the provisions of the Civil Code.

2. Correction of contents already registered in birth registration books and original birth certificates but containing errors upon registration.

3. Re-determination of ethnicity of children according to the ethnicity of their fathers or the ethnicity of their mothers under the provisions of the Civil Code.

4. Re-determination of the gender of a person in cases where the gender of such person has an inborn deformity or has not yet been properly formed, thus needing a medical intervention to clearly determine the gender.

5. Addition of contents not yet registered in birth registration books and original birth certificates.

6. Adjustment of contents in household registration books and other civil status papers other than birth registration books and original birth certificates.

Article 37. Competence to change, correct civil status, re-determine ethnicity, re-determine gender, supplement civil status

1. The commune-level People's Committees which have issued birth certificates shall be competent to change or correct civil status for persons of under 14 years old and supplement civil status for all people regardless of their ages.

2. The district-level People's Committees of the localities where the involved people previously registered their births shall be competent to change or correct civil status for persons of full 14 years or older, to re-determine ethnicity, re-determine gender, supplement civil status, adjust civil status for all people regardless of their ages.

Article 38. Procedures for registration of civil status change and correction, ethnicity re-determination, gender re-determination, civil status supplementation

1. Persons who request civil status change or correction, ethnicity re-determination, gender re-determination and/or civil status supplementation must submit their declarations (made according to a set form), produce the original birth certificates of the persons who need the civil status change or correction, ethnicity re-determination, gender re-determination or civil status supplementation, and relevant papers for use as bases for civil status change or correction, ethnicity re-determination, gender re-determination or civil status supplementation.

For the case of gender re-determination, the written conclusions of the medical establishments which have conducted medical intervention to re-determine gender shall serve as a basis for gender re-determination.

The civil status change and correction, ethnicity re-determination, gender re-determination or civil status supplementation for minors or persons losing their civil act capacity shall be made at the request of their fathers, mothers or guardians.

For changes in family names, given names of persons of full 9 years or older and ethnicity re-determination for minors of full 15 years or older, their consent is required.

2. Within 5 days after the full receipt of valid dossiers, if the civil status change or correction, ethnicity re-determination or gender re-determination satisfies the law-prescribed conditions, civil status judicial officials or judicial officials of Justice Sections shall record such in the civil status change, correction registration books and the decisions permitting the civil status change or correction, ethnicity re-determination or gender re-determination. The presidents of commune-level People's Committees or district-level People's Committees shall sign and grant the decisions permitting the civil status change or correction, ethnicity re-determination or gender re-determination to the persons concerned, each with one original. The duplicates of such decisions shall be issued at the request of the persons concerned.

Where it is necessary to make verification, the above-said time limit may be prolonged for 5 days at most.

The contents of and grounds for civil status change or correction, ethnicity re-determination or gender re-determination must be written in the notes column of the birth registration books and on the back of the original birth certificates.

3. The civil status supplementation shall be effected immediately after the full receipt of valid papers. The supplemented contents shall be written directly in the corresponding column and section in the birth registration books and the original birth certificates. Civil status judicial officials shall affix stamps on the supplements. The notes column of the birth registration books and the back of the original birth certificates must be written clearly with the supplemented contents; the grounds for writing of supplements; the full name and signature of the supplement writer; and the date of supplementation. Civil status judicial officials shall affix stamps on the written supplements.

Where the birth registration books and the original birth certificates do not contain a column or section for writing supplements, the supplemented contents shall be written on the back of the original birth certificates and the notes column of the birth registration books.

Where the civil status registration was made by commune-level People's Committees, but the civil status books have been kept only at district-level People's Committees, such district-level People's Committees shall effect the supplementation.

4. After the civil status change or correction, ethnicity re-determination, gender re-determination or civil status supplements has been recorded in birth registration books, the birth certificate duplicates issued based on such birth registration books shall be written with the changed, corrected or supplemented contents.

5. Where the contents of the original birth certificates of the fathers, mothers have changed due to civil status change, correction, supplementation, ethnicity re-determination, the commune-level People's Committees with which birth registration has been made for their children shall base themselves on the original birth certificates of the fathers, mothers to make suitable adjustment to such contents in the section on father, mother declaration in the birth registration books and the children's birth certificates; if the birth registration books have been transferred to district-level People's Committees for archival, such district-level People's Committees shall make the adjustment.

Article 39. Adjustment to contents in civil status books and other civil status papers

1. When individuals request adjustment to contents already registered in the civil status books and civil status papers other than birth registration books and original birth certificates, commune-level People's Committees with which the civil status registration has been made shall base themselves on the original birth certificates to adjust such contents to suit the corresponding contents in the original birth certificates.

If the adjustment to contents of civil status books and other civil status papers is not related to birth registration contents, commune-level People's Committees shall base themselves on the relevant papers produced by the involved people to make the adjustment.

Where the civil status registration was made by commune-level People's Committees but the civil status books have been kept only at district-level People's Committees, such district-level People's Committees shall make the adjustment.

2. Civil status adjustment shall be made immediately after the full receipt of valid papers. The notes column of civil status registration books and the back of the original civil status papers must be written clearly with the adjusted contents; the grounds for adjustment; the full name and signature of the adjustment writer; and the date of adjustment. Civil status judicial officials shall affix stamps on the adjustment.

3. After the civil status adjustments have been recorded in the civil status books, the civil status paper duplicates issued based on the civil status books shall be written with the adjusted contents.

Article 40. Notification on and recording in civil status books of civil status change or corrections, ethnicity re-determination, civil status supplements, civil status adjustment

1. Where commune-level People's Committees effect the civil status changes, corrections, supplements and/or adjustments while the duplicates of the civil status books have been transferred to district-level People's Committees for archival, commune-level People's Committees shall have to send notices to district-level People's Committees on the changed contents for writing similar change or adjustment in such duplicates.

2. Where district-level People's Committees effect the civil status changes, corrections, ethnicity re-determination, civil status supplements or adjustments, they shall have to send notices to commune-level People's Committees with which civil status registration was made on the changed contents for writing similar change or adjustment in the duplicates of the civil status books kept at the commune-level People's Committees.

Section 8. RECORDING OF OTHER CIVIL STATUS CHANGES IN CIVIL STATUS BOOKS

Article 41. Recording of other civil status changes in civil status books

1. Other civil status changes, including determination of father, mother, child (by the court); change of citizenship; divorce; annulment of illegal marriage; termination of child adoption must be recorded in civil status books under the provisions of this Section.

2. Competent state agencies, when issuing decisions on other civil status changes specified in Clause 1 of this Article, shall send copies thereof to competent state agencies with which the civil status events related to the changes were previously registered for recording in the civil status books.

Article 42. Ways of recording other civil status changes in civil status books

1. Other civil status changes shall be recorded in civil status books as follows:

a/ The determination of father, mother, child shall be recorded in the book of previous registration of the child's birth;

b/ The change of citizenship shall be recorded in the book of previous registration of births;

c/ The divorce, annulment of illegal marriage shall be recorded in the book of previous registration of marriage;

d/ The termination of child adoption shall be recorded in the book of previous registration of child adoption.

2. Upon recording of other civil status changes in civil status books, the changed contents, date of issue of decisions, decision-issuing agencies and decision signers must be clearly written.

3. Where duplicates of civil status books were transferred to district-level People's Committees for archival, after recording other civil status changes in the books, commune-level People's Committees shall have to send notices on the changed contents to district-level People's Committees for writing such changes in such duplicates.

Where a civil status book is kept only at a district-level People's Committee, such district-level People's Committee shall record other civil status changes in the book.

Section 9. LATE REGISTRATION, RE-REGISTRATION

Article 43. Late registration of births, deaths

Births and deaths not yet registered under the provisions of Articles 14 and 20 of this Decree must be registered according to late registration procedures.

Article 44. Competence for late registration of births, deaths

1. Commune-level People's Committees competent to effect birth registration under the provisions of Article 13 of this Decree shall effect late registration of births.

Where adults make late registration of their births, they may do so at commune-level People's Committees competent to register births under the provisions of Article 13 of this Decree or at commune-level People's Committees of the localities where they reside.

2. Commune-level People's Committees competent to register deaths under the provisions of Article 19 of this Decree shall effect late registration of deaths.

Article 45. Procedures for late registration of births, deaths

1. The applicants for late registration of births, deaths must submit the papers specified in Clause 1 of Article 15 (for birth registration) or Clause 1 of Article 21 (for death registration) of this Decree.

2. After the full receipt of valid papers, civil status judicial officials shall record in the corresponding registration books such matters and in the birth certificates or death certificates. The commune-level People's Committee presidents shall sign and grant the original birth certificates or death certificates to the applicants, each with one. The notes column of the birth registration books or death registration books must be clearly written with the words "dang ky qua han" (late registration).

Where it is necessary to make verification, the verification time limit shall not exceed 5 days.

4. Upon late registration of births for persons with such personal dossiers and/or papers as household registration books, people's identity cards, school result books, diplomas, curricula vitae, Party member's history books, which are consistent in their family names, given names, middle names; dates of birth; ethnicity; citizenship, native places, registration shall strictly comply with such contents. In case of inconsistency in their family names, given names, middle names, ethnicity, citizenship, native places in the above-said dossiers and papers, registration shall be made in accordance with the dossiers, papers which were made first. In case of changes in geographic names, their native places shall be declared with their current geographic names.

The sections for information on parents in birth certificates and birth registration books shall be written with information at the time of late registration. Particularly, in cases where the father, mother has relinquished the Vietnamese citizenship and obtained foreign citizenship, the section on citizenship of father, mother must still be written with the Vietnamese citizenship; the current citizenship of the father, mother shall be noted in the birth registration book and on the back of the original birth certificate.

Article 46. Re-registration of births, deaths, marriages, child adoptions

Births, deaths, marriages or child adoptions, which have been registered but for which the civil status books and original civil status papers have lost or been unusable damaged can be re-registered.

Article 47. Competence for re-registration of births, deaths, marriages, child adoptions

The commune-level People's Committees of the localities where the involved persons reside or with which the births, deaths, marriages, child adoptions were registered shall effect re-registration.

Article 48. Procedures for re-registration of births, deaths, marriages, child adoptions

1. The applicants for re-registration of births, deaths, marriages or child adoptions must submit their declarations (made according to a set form).

Where re-registration is made at the commune-level People's Committees of the localities other than those where the involved persons previously made their civil status registration, the declarations must be certified by the commune-level People's Committees with which the civil status events were registered, except where the involved persons can produce valid civil status papers issued previously.

2. Within 5 days after the full receipt of valid papers, civil status judicial officials shall record such civil status events in the civil status books and the original birth certificates, death certificates, marriage certificates or child adoption recognition decisions. Commune-level People's Committee presidents shall sign and grant the original civil status papers made based on each civil status event to applicants, each with one. The old civil status papers related to the re-registered civil status events shall be revoked and filed. In the notes column of the civil status books and under the headings of the original civil status papers, the words "dang ky lai" (re-registration) must be clearly written.

Where it is necessary to make verification, the above-said time limit shall be prolonged for 5 days at most.

3. Upon re-registration of births, deaths, marriages or child adoptions, if the applicants therefor produce copies of the valid papers granted previously, the contents of birth, death, marriage or child adoption registration shall be written according to the contents of such copies.

In case of birth re-registration for persons who have no copies of the granted birth certificates but have such personal dossiers and papers as household registration books, people’s identity cards, school result books, diplomas, curricula vitae, Party member's history books, which are consistent in their family names, given names, middle names; dates of birth; ethnicity; citizenship; native places, registration shall comply with such contents. In case of inconsistency in the family names, given names, middle names; dates of birth; ethnicity; citizenship; native places of such persons in the above-said dossiers and papers, registration shall comply with the dossiers, papers which were made first. In case of changes in geographical names, the section on native place shall be written with the current geographical names.

The sections for information on parents in the birth certificates and birth registration books shall be written with the information available at the time of birth re-registration. Particularly, if the father or mother has relinquished the Vietnamese citizenship and obtained foreign citizenship, the section on citizenship of father or mother must still be written with the Vietnamese citizenship; the current citizenship of the father or mother shall be noted in the birth registration book and on the back of the original birth certificate.

4. Upon re-registration of marriages or child adoptions, the presence of the involved persons is required. The marriage relations or relations between adoptive parents and adopted children shall be recognized as from the date of previous registration of marriage or child adoption.

Chapter III

CIVIL STATUS REGISTRATION INVOLVING FOREIGN ELEMENTS

Section 1. BIRTH REGISTRATION

Article 49. Competence for birth registration

1. The birth registration for a child who is born in Vietnam and whose father and mother are foreigners shall be made at the provincial/municipal Justice Service of the locality where the father or mother resides, if they so request.

2. The birth registration for a child who is born in Vietnam with either parent is a foreigner while the other is a Vietnamese citizen residing overseas shall be made at the provincial/municipal Justice Service of the locality where the mother resides.

3. The birth registration for a child who is born in Vietnam with either parent is a foreigner while the other is a Vietnamese citizen residing in Vietnam shall be made at the provincial/municipal Justice Service of the locality where the Vietnamese mother or father resides.

Article 50. Birth registration procedures

1. The birth registration applicants shall submit the birth-certifying papers or papers substituting for birth-registering papers as provided for in Clause 1, Article 15 of this Decree and produce the marriage certificates of the concerned children's parents (if their parents have marriage certificates).

Where parents select foreign citizenship for their children, the parents' written agreement on citizenship selection is required. Such written agreement must be certified by competent state bodies of the countries of which the foreign partners are citizens that the selection of citizenship for their children is compliant with the laws of such countries.

2. After the full receipt of valid papers, civil status officials of provincial/municipal Justice Services shall record relevant information in the birth registration books and the original birth certificates and directors of provincial/ municipal Justice Services shall sign and grant the original birth certificates to the birth registration applicants, each with one. The duplicates of birth certificates shall be issued at the request of birth registration applicants.

3. In case of birth registration for out-of-wedlock children, if their fathers are unidentifiable, the section for information on father in the birth registration books and the birth certificates shall be left blank. If by the time of birth registration there appear persons who claim the children, provincial/municipal Justice Services shall settle the recognition of children and birth registration at the same time.

4. Children may have Vietnamese or foreign names, depending on their parents' selection.

Section 2. DEATH REGISTRATION

Article 51. Competence for death registration

1. The death registration for foreigners or Vietnamese citizens residing overseas who die in Vietnam shall be made at the provincial/municipal Justice Services of the last places of residence of such persons, if their relatives so request.

2. Where the deceased persons' last residence places are unidentifiable, the provincial/municipal Justice Services of the localities where such persons die shall carry out death registration.

Article 52. Death registration procedures

1. The death registration applicants must submit the death notices or papers substituting for death notices under the provisions of Article 22 of this Decree.

2. After the full receipt of valid papers, civil status officials of provincial/municipal Justice Services shall record relevant information in the death registration books and the original death certificates. Directors of provincial/municipal Justice Services shall sign and grant the original death certificates to the death registration applicants, each with one. The duplicates of death certificates shall be issued at the request of death registration applicants.

3. After registration of deaths, provincial/municipal Justice Services shall send to the Consular Department of the Ministry of Foreign Affairs the duplicates of death certificates for notification to competent bodies of the countries of which the deceased persons were citizens or where such persons resided.

Section 3. REGISTRATION OF GUARDIANSHIP

Article 53. Competence for registration of guardianship

The registration of guardianship between Vietnamese citizens and foreigners who are both residing in Vietnam shall be made at the provincial/municipal Justice Services of the localities where the guardians or their wards reside.

Article 54. Procedures for registration of guardianship and registration of guardianship termination or changes

1. The procedures for registration of guardianship between Vietnamese citizens and foreigners who are both residing in Vietnam shall comply with the provisions of Article 30 of this Decree.

2. After the registration of guardianship, the provincial/municipal Justice Services shall send to the commune-level People's Committees of the localities where the guardians and their wards reside the duplicates of decisions recognizing the guardianship, for supervising the guardianship according to the provisions of the Civil Code.

3. The procedures for registration of termination, change of guardianship between Vietnamese citizens and foreigners who both reside in Vietnam shall comply with the provisions of Article 31 of this Decree.

Section 4. RECORDING IN CIVIL STATUS BOOKS OF CIVIL STATUS EVENTS OF VIETNAMESE CITIZENS WHICH HAVE BEEN REGISTERED AT COMPETENT AGENCIES OF FOREIGN COUNTRIES

Article 55. Cases which must be recorded in civil status books and competence to record them in civil status books

1. Vietnamese citizens who have registered at competent bodies of foreign countries the events of birth; marriage; recognition of father, mother, child; child adoption, when returning to Vietnam for permanent residence, shall have to carry out procedures for recording thereof in the civil status books according to the provisions of this Section.

2. The recognition of marriage; child adoption; recognition of father, mother, child, which have been registered with competent bodies of foreign countries under the provisions of 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 involving foreign elements, shall also be recorded in civil status books according to the provisions of this Section.

3. The provincial/municipal Justice Services of the localities where the involved persons reside shall effect the recording in civil status books.

Article 56. Civil status book-recording procedures

1. Persons who request the recording in civil status books must produce the originals or duplicates of civil status papers necessary for the recording.

2. After examining the valid papers, civil status officials of provincial/municipal Justice Services shall carry out the recording according to the provisions of Article 57 of this Decree.

Article 57. Ways of recording civil status books

1. The civil status book recording shall be carried out as follows:

a/ Births shall be recorded in birth registration books;

b/ Marriages shall be recorded in marriage registration books;

c/ The recognition of father, mother, child shall be recorded in father, mother, child recognition registration books;

d/ Child adoptions shall be recorded in child adoption registration books.

2. The recording in civil status books must strictly comply with the contents of the civil status papers produced by the involved persons; for contents available in civil status books but not in civil status papers, the recording shall not be made while the contents available in civil status papers but not in civil status books shall be recorded in the notes column of civil status books.

3. For civil status papers of Vietnamese citizens returning from overseas for permanent residence, after making notes in civil status books, directors of provincial/municipal Justice Services shall sign and grant the new original civil status papers to the involved persons. Books for recording civil status events shall serve as the basis for subsequent issuance of duplicates of civil status papers.

For the recognition of marriage; child adoption; recognition of father, mother, child under the provisions of Clause 2, Article 55 of this Decree, after making notes in civil status books, directors of provincial/municipal Justice Services shall sign and grant the note- making certificates to the involved persons.

Section 5. RE-REGISTRATION OF BIRTHS, DEATHS, MARRIAGES, CHILD ADOPTIONS

Article 58. Conditions, competence for re-registration of births, deaths, marriages, child adoptions

1. Births, deaths, marriages, child adoptions of Vietnamese citizens residing overseas or foreigners which have been registered in Vietnam but for which the original civil status papers and the civil status books have been lost or unusable damaged can be re-registered.

2. The Justice Services of the provinces (or cities) where the involved persons previously registered births, deaths, marriages, child adoptions shall be entitled to make the re-registration thereof.

Article 59. Procedures for re-registration of births, deaths, marriages, child adoptions

1. The applicants for re-registration of births, deaths, marriages, child adoptions must submit their declarations (made according to a set form).

Where births, deaths, marriages, child adoptions were previously registered at commune-level People's Committees, the certification of such registration by such commune-level People's Committees is required, except where the involved persons can produce copies of the valid civil status papers previously granted.

2. Within 5 days after the full receipt of valid papers, civil status officials of provincial/municipal Justice Services shall record civil status events in corresponding civil status registration books and original birth certificates, death certificates, marriage certificates or child adoption-recognizing decisions. Directors of provincial/municipal Justice Services shall sign and grant the original civil status papers to the involved persons, each with one. Old civil status papers relating to the re-registered civil status events (if any) shall be recovered and filed. In the notes column of the civil status books and below the heading of the original civil status papers, the words "dang ky lai" (re-registration) must be clearly written.

3. Where it is necessary to make verification, the above-said time limit may be prolonged for 5 days at most.

4. The determination of contents upon re-registration of births, deaths, marriages, child adoptions shall comply with the provisions of Clause 3 of Article 48 of this Decree. In cases where the involved persons have been permitted to relinquish Vietnamese citizenship, have been naturalized overseas, the section on citizenship in the civil status book and civil status papers must still be written with the Vietnamese citizenship. The current citizenship of the involved persons shall be noted in the civil status books and on the back of the civil status papers.

5. Upon re-registration of marriages or child adoptions, the presence of the involved persons is required. The marriage relations or relations between adoptive parents and their adopted children shall be recognized as from the date of previous registration of marriage or child adoption.

Chapter IV

ISSUE OF DUPLICATES OF CIVIL STATUS PAPERS BASED ON CIVIL STATUS BOOKS, RE-ISSUE OF ORIGINAL BIRTH CERTIFICATES

Article 60. Duplicates of civil status papers and competence to issue such duplicates based on civil status books

1. Civil status papers duplicated based on civil status books are duplicates issued to requesters by competent state bodies defined in Clause 2 of this Article, based on civil status books in archive.

2. Commune-level People's Committees, district-level People's Committees or provincial/municipal Justice Services at which civil status books are kept shall issue civil status paper duplicates based on such civil status books.

3. Persons who request the issue of civil status paper duplicates based on civil status books may file their requests via post offices to competent state agencies defined in Clause 2 of this Article.

Article 61. Principles for recording civil status paper duplicates based on civil status books

1. The contents of civil status paper duplicates based on civil status books must strictly comply with the contents registered in civil status books.

2. Where civil status books have been noted with civil status changes or corrections, ethnicity re-determination, gender re-determination, civil status supplements or adjustment, the civil status paper duplicates based on civil status books shall be written with the noted contents.

Article 62. Re-issue of original birth certificates and competence to re-issue original birth certificates

1. Where original birth certificates are lost, damaged or noted with too many contents due to civil status change or correction, ethnicity re-determination, gender re-determination, civil status supplements or adjustments, which have still been reflected in civil status books, original birth certificates may be re-issued.

2. District-level People's Committees at which birth registration books are kept shall re-issue original birth certificates.

3. Provincial/municipal Justice Services with which the involved persons previously made birth registration involving foreign elements shall re-issue original birth certificates.

Article 63. Procedures for re-issue of originals birth certificates

1. Persons requesting the re-issue of originals of birth certificates shall have to submit their declarations (made according to a set form) and the old original birth certificates (if any).

2. After receiving the declarations, judicial officials of Justice Sections or civil status officials of provincial/municipal Justice Services shall base themselves on birth registration books in archive to record the contents in the original birth certificates and clearly write the words"cap lai" (re-issue) under the heading of the original birth certificates. Presidents of district-level People’s Committees or directors of provincial/municipal Justice Services shall sign and grant the new original birth certificates to the involved persons, each with one, and recover the old ones (if any). The notes column of birth registration books must be clearly written with the words "da cap lai ban chinh giay khai sinh ngay... thang... nam..." (original birth certificates already re-issued on day... month... year...).

3. Principles for recording contents of original birth certificates upon re-issue thereof shall be as provided for in Article 61 of this Decree.

4. After re-issuing original birth certificates, district-level People's Committees shall have to send notices to commune-level People's Committees with which birth registration was made for making similar notes in the birth registration books kept at the commune-level People's Committees.

Article 64. Issue of duplicates of civil status papers and re-issue of original birth certificates to foreigners or overseas Vietnamese

The provisions on issue of civil status paper duplicates from civil status books, re-issue of original birth certificates in this Chapter shall also apply to foreigners and overseas Vietnamese who previously made civil status registration in Vietnam.

The competence to issue civil status paper duplicates based on civil status books and re-issue of original birth certificates in this case shall rest with provincial/municipal Justice Services at which civil status registration books are kept.

Chapter V

MARTIAL STATUS CERTIFICATES

Article 65. Use of marital status certificates

Marital status certificates provided for in this Chapter shall be used for marriage registration or other purposes.

Article 66. Competence to issue marital status certificates

1. The commune-level People's Committees of the localities where requesters for marital status certificates reside shall issue marital status certificates to such persons.

2. If Vietnamese citizens residing overseas request the certification of their marital status in the period of their stay in the country, the commune-level People's Committees of the localities where such persons resided before their departure shall issue marital status certificates.

3. If Vietnamese citizens residing overseas request the certification of their marital status in the period of their stay overseas, the Vietnamese diplomatic missions or consulates in the foreign countries where such persons reside shall issue marital status certificates.

Article 67. Procedures for issue of marital status certificates

1. Persons requesting the issue of marital status certificates must submit their declarations (made according to a set form).

Where requesters for issue of marital status certificates have been married but divorced or their marriage partners have died, they must produce extracts of legally effective court judgments/decisions on their divorce or copies of death certificates. This provision also applies to the certification of marital status in the marriage registration declarations under the provisions in Clause 1, Article 18 of this Decree.

After the full receipt of valid papers, presidents of commune-level People's Committees or consular officials shall sign and grant marital status certificates to the involved persons (made according to a set form).

Where it is necessary to make verification, the time limit for verification shall be 5 days.

2. The issue of marital status certificates under the provisions of this Chapter must be recorded in the marital status certificate issue books for monitoring.

3. A marital status certificate shall be valid for 6 months as from the date of certification.

Chapter VI

RECORDING OF CIVIL STATUS BOOKS, CIVIL STATUS FORMS; ARCHIVAL OF CIVIL STATUS BOOKS, CIVIL STATUS PAPERS; CIVIL STATUS REPORTING AND STATISTICAL REGIME

Section 1. RECORDING OF CIVIL STATUS BOOKS, CIVIL STATUS FORMS

Article 68. Principles for recording of civil status books, civil status forms

1. Upon civil status registration, civil status judicial officials, judicial officials of Justice Sections or civil status officials of provincial/municipal Justice Services must personally make entries into civil status books and civil status forms; the entries must be accurate; the hand-writings must be clear, in full, not in abbreviation, and must not be erased.

2. Civil status books must be recorded in ordinally successive pages, must not be left blank, must be affixed with overlapping stamps from the first to last page.

3. Registration numbers in civil status books shall be in successive order till the end of the year. For civil status books used for the following year, the ordinal numbers of the following year shall begin with number 01, not with the number following the ordinal number of the previous year.

4. The numbers recorded in civil status forms shall correspond to the ordinal numbers inscribed in the civil status books.

Article 69. Correction of recording errors

1. Upon registration, if recording errors are made in civil status books, civil status judicial officials, judicial officials of Justice Sections or civil status officials of provincial/municipal Justice Services must personally cross the errors and write again on the line below but not overwrite the old letters, must not erase and re-write. The notes column must be clearly written with the correction; the full name and signature of the corrector and date of correction. Civil status judicial officials of Justice Sections or civil status officials of provincial/municipal Justice Services shall affix stamps on the corrections. In case of errors made in civil status papers, such civil status papers shall be destroyed and new ones shall be issued.

2. It is strictly forbidden to make erasion, modification or addition, thus distorting the contents already recorded in civil status books or civil status papers.

Section 2. ARCHIVE OF CIVIL STATUS BOOKS, CIVIL STATUS PAPERS; REPORTING ON CIVIL STATUS STATISTICAL DATA

Article 70. Archive of civil status books

1. Civil status books must be archived and preserved for long-term use in service of management activities of the State.

2. Each kind of civil status event must be registered in two books (double-registered), one of which to be kept at commune-level People's Committees with which civil status registration was made, and the other to be transferred to district-level People's Committees for archival.

Civil status events falling under the jurisdiction of provincial/municipal Justice Services or district-level People's Committees shall be registered in only one book to be kept at provincial/municipal Justice Services or district-level People's Committees.

For marital status certificate issue books, only one book is required and kept at the commune-level People's Committee.

Article 71. Closure of civil status books and archival of civil status books

1. When civil status books are used up, such books shall be closed. Upon closure of a civil status book, civil status judicial officials, judicial officials of Justice Sections or civil status officials of provincial/municipal Justice Services must clearly write in the last page of the book the number of pages and the total number of civil status events registered in the book; commune-level People's Committee presidents, district-level People's Committee presidents or provincial/municipal Justice Service directors shall sign for certification and stamp.

For civil status books of commune-level People's Committees, after the books are signed for certification and affixed with stamps, commune-level People's Committees shall have to send the duplicates thereof to district-level People's Committees for archival.

2. Commune-level People's Committees, district-level People's Committees and provincial/municipal Justice Services shall have to archive and preserve civil status books and take measures to protect them against storms, floods, fires, moisture, termites and moths.

Article 72. Archival of civil status papers

Papers submitted by involved persons upon civil status registration must be archived and preserved at civil status registration offices for 5 years. The subsequent archival after 5 years shall comply with the provisions of law on archive.

Article 73. Civil status statistical data

1. Civil status statistical data must be compiled (according to a set form) biannually and annually. Civil status statistical data must ensure accuracy and reports thereon must be sent within the time limits specified in Clause 2 of this Article.

Biannual civil status statistical data shall be counted from January 1 every year to June 30 of that year; annual civil status statistical data shall be counted from January 1 annually to December 31 of that year.

2. The time limits for sending civil status statistical reports shall be as follows:

a/ For commune-level People's Committees, biannual civil status statistical reports must be sent to Justice Sections before July 10 annually; annual reports must be sent before January 15 of the following year;

b/ For district-level People's Committees, biannual civil status statistical reports must be sent to provincial/municipal Justice Services before July 31 annually; annual reports must be sent before January 31 of the following year;

c/ For provincial/municipal Justice Services, biannual civil status statistical reports must be sent to the Justice Ministry before August 31 annually; annual reports must be sent before March 1 of the following year.

Article 74. Archival of civil status books, civil status papers; civil status statistical reports at Vietnamese diplomatic missions, consulates

The provisions on archival of civil status books and civil status papers; civil status statistical reports in this Section shall also apply to Vietnamese diplomatic missions and consulates.

Chapter VII

STATE MANAGEMENT OVER CIVIL STATUS, CIVIL STATUS JUDICIAL OFFICIALS

Section 1.STATE MANAGEMENT OVER CIVIL STATUS

Article 75. Tasks and powers of the Justice Ministry in the state management over civil status

The Justice Ministry shall assist the Government in performing the uniform state management over civil status nationwide, having the following tasks and powers:

1. To draft and submit to competent agencies for promulgation or to promulgate according to its competence legal documents on civil status registration and management;

2. To guide and direct the implementation of legal documents on civil status registration and management;

3. To issue, guide the uniform use of, assorted civil status books, forms;

4. To examine, inspect the civil status registration and management;

5. To sum up the civil status situation and statistical data for report to the Government on an annual basis;

6. To settle complaints and denunciations about civil status according to its competence;

7. To study the application of information technologies to civil status registration and management;

8. To enter into international cooperation on civil status.

Article 76. Tasks and powers of the Ministry of Foreign Affairs in the state management over civil status

The Ministry of Foreign Affairs shall coordinate with the Justice Ministry in performing the state management over civil status for Vietnamese citizens in foreign countries the following tasks and powers:

1. To coordinate with the Justice Ministry in guiding, directing, examining and inspecting the civil status registration and management by Vietnamese diplomatic missions and consulates;

2. To organize civil status work training for consular officials of the Vietnamese diplomatic missions and consulates;

3. To archive civil status books transferred by Vietnamese diplomatic missions or consulates;

4. To issue civil status paper duplicates based on civil status books;

5. To sum up the civil status situation and statistical data of Vietnamese diplomatic missions and consulates and send them to the Justice Ministry biannually and annually;

6. To settle complaints and denunciations about civil status according to its competence.

Article 77. Tasks and powers of provincial/municipal People's Committees in the state management over civil status

1. Provincial/municipal People's Committees (hereinafter called provincial-level People's Committees) shall perform the state management over civil status in their respective localities, having the following tasks and powers:

a/ To guide and direct the organization and implementation of civil status registration and management work for district-level People's Committees and commune-level People's Committees;

b/ To build a system for organizing the civil status registration and management, professional training for civil status officials;

c/ To disseminate legal provisions on civil status;

d/ To examine and inspect the civil status registration and management in their respective localities; to settle complaints and denunciations and handle violations regarding civil status according to competence;

e/ To manage and use assorted civil status books and forms according to regulations of the Justice Ministry;

f/ To archive civil status books and papers;

g/ To issue civil status paper duplicates based on civil status books;

h/ To sum up the civil status situation and statistical data, report them to the Justice Ministry biannually and annually;

i/ Annually, to allocate funds for purchase and printing of civil status books and forms, satisfying the civil status registration demands in localities; to furnish material facilities for civil status registration and management activities;

j/ To decide on recovery and destruction of civil status papers which are issued in contravention of this Decree by provincial/municipal Justice Service directors or district-level People's Committees.

2. Provincial/municipal Justice Services shall assist provincial-level People's Committees in performing their tasks and exercising their powers in the state management over civil status as specified at Points from a thru g, Clause 1 of this Article (particularly for the settlement of denunciations at Point d, Clause 1, provincial/municipal Justice Services shall do it only when so assigned) and register civil status events falling under their jurisdiction. Where their relaxed management has led to wrong-doings, negative deeds of public employees of provincial/municipal Justice Services in civil status registration and management, directors of provincial/municipal Justice Services must bear responsibility therefor.

3. Provincial-level People's Committee presidents shall bear responsibility for civil status registration and management in their respective localities. Where their relaxed management has led to wrong-doings, negative deeds of public employees in civil status registration and management in their respective localities, provincial-level People's Committee presidents must bear responsibility therefor.

Article 78. Tasks and powers of district-level People's Committees in the state management over civil status

1. District-level People's Committees shall perform the state management over civil status in their respective localities, having the following tasks and powers:

a/ To direct, examine the organization and implementation of civil status registration and implementation by commune-level People's Committees;

b/ To settle civil status changes and/or corrections for people of full 14 years or older and ethnicity re-determination, gender re-determination, civil status supplements and/or adjustments for all people regardless of their ages;

c/ To organize civil status professional training for civil status judicial officials;

d/ To organize the dissemination of legal provisions on civil status;

e/ To manage and use assorted civil status books and forms according to regulations of the Justice Ministry;

f/ To archive civil status books and papers;

g/ To issue civil status paper duplicates based on civil status books;

h/ To sum up the civil status situation and statistical data and report them to provincial-level People's Committees biannually and annually;

i/ To settle complaints and denunciations and handle violations regarding civil status according to its competence;

j/ To decide on recovery, destruction of civil status papers issued in contravention of provisions of this Decree by commune-level People's Committees (except for the marriage registration in violation of the marriage conditions specified by the law on marriage and family).

2. Justice Sections shall assist district-level People's Committees in performing the tasks and exercising the powers in state management over civil status as specified in Clause 1 of this Article (particularly, the settlement of denunciations at Point i of Clause 1 shall be implemented only when so assigned). The settlement of complaints provided for at Point i, Clause 1 of this Article shall be performed by district-level People's Committees.

3. District-level People's Committee presidents shall bear responsibility for the civil status registration and management in their respective localities. Where their relaxed management has led to wrong-doings, negative deeds of public employees in civil status registration and management in their respective localities, the district-level People's Committee presidents must bear responsibility therefor.

Article 79. Tasks and powers of commune-level People's Committees in state management over civil status

1. In the state management over civil status, commune-level People's Committees shall have the following tasks and powers:

a/ To register civil status events falling under their competence as provided for by this Decree;

b/ To disseminate and mobilize people to strictly observe the provisions of law on civil status;

c/ To manage and use assorted civil status books and forms according to regulations of the Justice Ministry;

d/ To archive civil status books and papers;

e/ To issue civil status paper duplicates based on civil status books;

f/ To sum up the civil status situation and statistical data and report them to the district- level People's Committees biannually and annually;

g/ To settle complaints and denunciations and handle violations regarding civil status according to competence.

2. Civil status judicial officials shall have to assist commune-level People's Committees in performing the tasks and exercising the powers as specified in Clause 1 of this Article (except for case of settlement of denunciations at Point g, Clause 1 of this Article).

3. Commune-level People's Committee presidents shall bear responsibility for civil status registration and management in their respective localities. Where their relaxed management has led to wrong-doings and negative deeds of public employees in civil status registration and management in their respective localities, commune-level People's Committee presidents must bear responsibility therefor.

Article 80. Tasks and powers of Vietnamese diplomatic missions, consulates in the state management over civil status

1. Vietnamese diplomatic missions and consulates shall perform the state management over civil status with the following tasks and powers:

a/ To register civil status events for Vietnamese citizens in foreign countries under the guidance of the Justice Ministry and the Ministry of Foreign Affairs;

b/ To manage and use assorted civil status books and forms in accordance with the regulations of the Justice Ministry;

c/ To archive civil status books and papers;

d/ To issue civil status paper duplicates based on civil status books;

e/ To sum up the civil status situation and statistical data and report them to the Ministry of Foreign Affairs biannually and annually;

f/ To settle complaints and denunciations and handle violations regarding civil status according to competence.

2. Consular officials performing civil status work shall have to assist Vietnamese diplomatic missions and consulates in performing the tasks and exercising the powers as specified in Clause 1 of this Article (except for case of settlement of denunciations at Point f, Clause 1 of this Article).

Section 2 CIVIL STATUS JUDICIAL OFFICIALS

Article 81. Civil status judicial officials

1. Civil status judicial officials are commune-level public employees who assist commune-level People's Committees in performing the tasks and exercising the powers in civil status registration and management. For communes, wards, district townships with a big population and great civil status work volume, there must be full-time civil status officials who shall not perform other judicial work on a part-time basis.

2. Civil status judicial officials must meet all criteria of commune-level public employees in accordance with the provisions of law on public employees and must additionally meet the following criteria:

a/ Having a graduation diploma issued by an intermediate or higher law school;

b/ Having been professionally trained in civil status work;

c/ Having clear hand-writing.

3. The recruitment, employment, management, commendation and disciplining of civil status judicial officials shall comply with general provisions of law on commune-level public employees.

4. Civil status judicial officials shall have to perform the obligations and be entitled to enjoy public employees' interests prescribed for commune-level public employees by law.

Article 82. Tasks of civil status judicial officials in civil status registration and management

In civil status registration and management, civil status judicial officials shall assist commune-level People's Committees in performing the following tasks:

1. To receive and examine dossiers, verify and propose commune-level People's Committee presidents to consider and decide on civil status registration according to the provisions of this Decree;

2. To regularly examine and mobilize people to make timely registration of civil status events. For areas where people are still influenced by local customs and practices or meet with travel difficulties, civil status judicial officials must work out plans to go to people's houses for registration of arising civil status events.

Civil status judicial officials shall be answerable to commune-level People's Committees for non-registration of civil status events occurring in their respective communes, wards or district township.

3. To use assorted civil status books and forms according to regulations of the Justice Ministry.

4. To sum up the civil status situation and make accurate statistical civil status data for commune-level People's Committees to report to district-level People's Committees biannually and annually;

5. To disseminate and mobilize people to abide by the legal provisions on civil status;

6. To keep, preserve, archive civil status books and papers; upon resignation from their tasks, to hand them in full to their successors.

Article 83. Things must not be done by civil status judicial officials

1. Civil status judicial officials must not do the following things:

a/ Being authoritarian, authoritative, harassing for bribes, causing difficulties or troubles to agencies, organizations or individuals upon performance of civil status registration work;

b/ Taking bribes;

c/ Collecting civil status fees higher than the prescribed levels or arbitrarily setting fee levels upon civil status registration;

d/ Arbitrarily setting procedures or demanding papers against the provisions of this Decree upon civil status registration;

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

f/ Deliberately issuing civil status papers with inaccurate contents.

2. The provisions of Clause 1 of this Article shall also apply to judicial officials of Justice Sections and civil status officials of provincial/municipal Justice Services.

Chapter VIII

SETTLEMENT OF COMPLAINTS AND DENUNCIATIONS, HANDLING 
OF VIOLATIONS

Section 1. COMPLAINTS AND SETTLEMENT OF COMPLAINTS

Article 84. Complaints of individuals or organizations about civil status registration and management

Individuals, organizations (hereinafter referred to as complainants) shall have the right to complain to competent state agencies about administrative decisions of civil status registration and management agencies or administrative acts committed in civil status registration and management by officials or employees performing civil status work when they have grounds to believe that such decisions or acts are illegal and infringe upon their legitimate rights and interests.

Article 85. Settlement of complaints by commune-level People's Committee presidents

1. Commune-level People's Committee presidents shall receive and settle complaints about their administrative decisions, administrative acts or administrative acts of civil status or judicial officials in civil status registration and management.

The complaint-settling order and procedures must comply with the provisions of legislation on complaints; concretely as follows:

Within 10 days after the receipt of complaints which fall under their respective settling jurisdiction, commune-level People's Committee presidents must accept them for settlement and notify such in writing to the complainants.

Where the complaints are not accepted, they must notify such in writing and clearly state the reasons therefore.

2. The time limit for settlement of a complaint shall not exceed 30 days as from the date of receipt thereof; for complicated cases and matters, such time limit shall not exceed 45 days.

For deep-lying, remote, difficult-to-access regions, the complaint-settling time limit shall not exceed 45 days after the receipt of complaints for settlement; for complicated cases or matters, such time limit can be prolonged but shall not exceed 60 days after the receipt of complaints for settlement.

3. The settlement of complaints must be expressed in the form of complaint-settling decision.

Before issuing decisions on complaint settlement, commune-level People's Committee presidents must meet and have direct talks with complainants and complained persons in order to clarify the complained contents, the complainants' demands and the direction for settlement of complaints.

4. If within 30 days after the expiry of the time limits for settlement specified in Clause 2 of this Article the complaints are not yet settled or after the receipt of complaint settlement decisions of commune-level People's Committee presidents, the complainants disagree therewith, they may further lodge their complaints to district-level People's Committee presidents or initiate administrative cases at courts according to the provisions of law. For deep-lying, remote, difficult-to-access regions, this time limit may be prolonged but shall not exceed 45 days.

Article 86. Complaint settlement by district-level People's Committee presidents

1. District-level People's Committee presidents shall receive and settle complaints about their administrative decisions, administrative acts; administrative acts of officials of Justice Sections in civil status registration and management; settle civil status complaints which have been settled by commune-level People's Committee presidents but are further lodged.

2. The time limit, order and procedures for settlement of first-time complaints shall comply with the provisions of Article 85 of this Decree.

3. The order and procedures for settlement of subsequent complaints shall comply with the provisions of law on complaints, concretely as follows:

a/ Within 10 days after the receipt of complaints which fall under their settling jurisdiction, district-level People's Committee presidents must accept them for settlement and notify such in writing to the complainants.

If not accepting the complaints, they must notify such in writing and clearly state the reasons therefor.

The complaint settlement must be expressed in the form of complaint-settling decision.

The persons who settle subsequent complaints must meet and have direct talks with the complainants and the complained persons in case of necessity.

b/ The time limit for settlement of a subsequent complaint shall not exceed 45 days after the receipt thereof for settlement; for complicated cases or matters, this time limit can be prolonged but shall not exceed 60 days after the receipt of the complaint for settlement.

In deep-lying, remote, difficult-to-access regions, the time limit for settlement of subsequent complaints shall not exceed 60 days after the receipt thereof for settlement; for complicated cases or matters, this time limit can be prolonged but shall not exceed 70 days after the receipt of complaints for settlement.

c/ If within 30 days after the expiry of the time limits specified in Clause 3 of Article 86 the complaints are not yet settled or after the receipt of decisions on settlement of the first-time complaints the complainants disagree therewith, they may lodge their complaints to persons competent to further settle the complaints, except where such complaint settlement decisions are final. For deep-lying, remote, difficult-to-access regions, this time limit can be prolonged but shall not exceed 45 days.

4. For complaints falling under the settling jurisdiction of subordinates agencies which have, however, not yet been settled even when the prescribed time limit has expired, the heads of their superior agencies shall request the subordinates to settle them.

Article 87. Complaint settlement by directors of provincial/municipal Justice Services

1. Directors of provincial/municipal Justice Services shall receive and settle complaints about their administrative decisions and/or administrative acts; administrative acts of civil status officials of provincial/municipal Justice Services in civil status registration and management.

2. The time limit, order and procedures for settlement shall comply with the provisions of Article 85 of this Decree.

Article 88. Complaint settlement by presidents of provincial-level People's Committees

1. Provincial-level People's Committee presidents shall receive and settle civil status complaints which have been settled by district-level People ’s Committee presidents but are further lodged.

2. The time limit, order and procedures for complaint settlement by provincial-level People's Committee presidents shall comply with the provisions of Clauses 3 and 4 of Article 86 of this Decree.

3. Complaint settlement decisions of provincial-level People's Committee presidents shall be final.

Article 89. Complaint settlement by the Justice Minister

1. The Justice Minister shall receive and settle civil status complaints which have been settled by provincial/municipal Justice Service directors but are still further lodged; re-examine final complaint settlement decisions of provincial-level People's Committee presidents to see if they breach the laws, causing damage to the interests of the State, the legitimate rights and interests of citizens, agencies or organizations at the request of the Inspector General.

2. The order, procedures and time limit for complaint settlement by the Justice Minister shall comply with the provisions of Clauses 3 and 4, Article 86 of this Decree.

3. Complaint-settlement decisions of the Justice Minister shall be final.

Section 2. DENUNCIATIONS AND SETTLEMENT OF DENUNCIATIONS

Article 90. Citizens' right to denounce agencies, organizations or individuals that violate laws in civil status registration and management

Citizens (hereinafter called denouncers) shall have the right to denounce to competent agencies, organizations or individuals law-breaking acts of civil status registration bodies or officials or employees performing civil status work, which have caused damage or threaten to cause damage to the legitimate interests of their own or of other persons.

Article 91. Receipt of denunciations

Denouncers must file their written denunciations with agencies, organizations or individuals competent to settle denunciations. Written denunciations must clearly state the full names and addresses of the denouncers, denounced persons, denounced bodies, and the denunciation contents. Where denouncers personally come to make denunciations, responsible persons shall receive and must clearly write the denunciation contents, the full names and addresses of the denouncers, denounced persons and denounced bodies. The records of denunciation contents must be signed for certification by the denouncers.

Article 92. Competence to settle denunciations

1. Commune-level People's Committee presidents shall receive and settle denunciations against law-breaking acts committed by civil status judicial officials in civil status registration and management.

2. District-level People's Committee presidents shall receive and settle denunciations against law-breaking acts committed by presidents or vice-presidents of commune-level People's Committees, officials of the district-level Justice Sections who are assigned to take charge of civil status work in civil status registration and management.

3. Provincial/municipal Justice Service directors shall receive and settle denunciations against law-breaking acts committed by civil status officials of provincial/municipal Justice Services in civil status registration and management.

4. Provincial-level People's Committee presidents shall receive and settle denunciations against law-breaking acts committed by leaders of provincial/municipal Justice Services, leaders of district-level People's Committees who are assigned to take charge of civil status work in civil status registration and management.

5. Heads of immediate superior agencies or organizations of denunciation settlers shall receive and further settle denunciations which have been settled but the denouncers have grounds to believe that the settlement thereof are unlawful and further denounce them.

Article 93. Order and procedures for settlement of denunciations

The order and procedures for settlement of denunciations shall comply with the provisions of the Law on Complaints and Denunciations as well as legal documents guiding the implementation thereof.

Section 3. HANDLING OF VIOLATIONS IN CIVIL STATUS REGISTRATION AND MANAGEMENT

Article 94. Handling of violations committed by public employees competent to perform civil status registration and management

1. Persons having competence for civil status registration and management who have acted due to lack of responsibility or deliberately against the provisions of this Decree and other legal documents on civil status may, depending on the nature and seriousness of their violations, be disciplined or examined for penal liability; if causing damage, they must pay compensations therefore according to the provisions of law.

2. The disciplining and determination of material liabilities of public employees for their law violations in civil status registration and management shall comply with the general provisions of law on decentralization of personnel management, on job severance regime applicable to public employees as well as on disciplining and material liabilities of public employees.

3. In cases where violating employees have been disciplined but it is deemed that if they are let to continue with civil status work, the prestige of agencies shall not be ensured, such employees must be posted to other jobs.

4. If signs of a crime are detected in the course of disciplining public employees, the persons competent to discipline shall propose competent bodies to examine their penal liabilities.

Article 95. Handling of violations committed by civil status registration applicants

1. Those civil status registration applicants who commit deceptions in civil status registration may, depending on the seriousness of their violations, be administratively sanctioned or examined for penal liability according to provisions of law.

2. Individuals or organizations that have the responsibility to apply for civil status registration but fail to comply with the provisions of this Decree shall be administratively sanctioned according to the provisions of law on sanctioning of administrative violations.

Chapter IX

FINAL PROVISIONS

Article 96. Applications of the Decree in a number of special cases

1. The provisions on birth registration in Section 1, Chapter II of this Decree shall also apply to birth registration in the following cases:

a/ Children are born in Vietnam with their fathers and mothers being Vietnamese citizens residing overseas;

b/ Children are born in Vietnam with their fathers or mothers being Vietnamese citizens who reside in the country while the others being Vietnamese citizens who reside overseas;

c/ Children are born in Vietnam with their fathers and mothers being foreigners or stateless persons who stably and permanently reside in Vietnam;

d/ Children are born in Vietnam with their fathers or mothers being foreigners or stateless persons who stably and permanently reside in Vietnam while the others being Vietnamese citizens who reside in the country;

e/ Children are born in Vietnam with their fathers or mothers being Vietnamese citizens who reside in border regions while the others being nationals of neighboring countries who permanently reside in border regions.

2. The provisions on death registration in Section 3, Chapter II of this Decree shall also apply to cases where dead persons are foreigners or stateless persons who stably and permanently reside in Vietnam.

3. The provisions on civil status changes and corrections, ethnicity re-determination, gender re-determination, civil status supplements, civil status adjustments in Section 7, Chapter II of this Decree shall also apply to Vietnamese citizens residing overseas who previously made civil status registrations with competent Vietnamese agencies.

The provisions on civil status corrections, gender re-determination, civil status supplements, civil status adjustments in Section 7, Chapter II of this Decree shall also apply to foreigners who previously made civil status registrations with competent Vietnamese agencies.

The Justice Services of the provinces (cities) where the involved persons previously made civil status registration shall be competent to settle civil status changes or corrections, ethnicity re-determination, gender re-determination, civil status supplements, civil status adjustments in the above-said cases.

Particularly for civil status corrections, gender re-determination, civil status supplements, civil status adjustments for foreigners or stateless persons stably and permanently residing in Vietnam who have already made civil status registration at commune-level People's Committees under the provisions of this Decree, they shall be settled like for Vietnamese citizens residing in the country.

4. The provisions on marriage re-registration, child adoption re-registration in Section 9, Chapter II of this Decree shall also apply to the re-registration of marriages, child adoptions between Vietnamese citizens permanently residing in border regions and citizens of neighboring countries permanently residing in regions bordering on Vietnam, where the marriages or child adoptions were previously registered at commune-level People's Committees under the provisions of the Government's Decree No. 68/2002/ND-CP of October 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.

Article 97. Application of the Decree to civil status registration and management in island districts

For island districts without commune-level administrative units, apart from the civil status registration and management functions of commune-level People's Committees, the People's Committees of island districts shall also perform the tasks and exercise the powers of civil status registration and management of commune-level People's Committees.

The Justice Sections of island districts shall have to send specialized officials to perform civil status registration and management tasks and powers under the provisions of this Decree.

Article 98. Implementation effect

This Decree takes effect as from April 1, 2006, and replaces the Government's Decree No. 83/1998/ND-CP of October 10, 1998, on civil status registration. The previous regulations on civil status registration and management which are contrary to this Decree shall all be annulled.

Article 99. Implementation responsibility

1. The Finance Minister shall have to promulgate the regimes of civil status registration fee collection, exemption, reduction and use and funding supports for purchase of civil status books and forms for mountainous, deep-lying, remote, ethnic minority regions.

2. The Minister of Home Affairs, the Minister of Public Security and the Minister of Foreign Affairs shall have to coordinate with the Justice Minister in guiding matters related to their respective branches and provided for in this Decree.

3. Ministers, heads of ministerial-level agencies, heads of Government-attached agencies, and presidents of provincial/municipal People's Committees shall have to implement this Decree.

 

 

THE GOVERNMENT
PRIME MINISTER




Phan Van Khai

 

Thuộc tính Văn bản pháp luật 158/2005/ND-CP

Loại văn bảnNghị định
Số hiệu158/2005/ND-CP
Cơ quan ban hành
Người ký
Ngày ban hành27/12/2005
Ngày hiệu lực01/04/2006
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Lĩnh vựcQuyền dân sự
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        Decree No.158/2005/ND-CP on civil status registration and management
        Loại văn bảnNghị định
        Số hiệu158/2005/ND-CP
        Cơ quan ban hànhChính phủ
        Người kýPhan Văn Khải
        Ngày ban hành27/12/2005
        Ngày hiệu lực01/04/2006
        Ngày công báo...
        Số công báo
        Lĩnh vựcQuyền dân sự
        Tình trạng hiệu lựcHết hiệu lực 01/01/2016
        Cập nhật2 năm trước

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