Circular No. 01/2008/TT-BTP guiding the implementation of certain provisions of Government Decree No. 158/2005/NĐ-CP dated December 27, 2005 on registration and management of household records

CIRCULAR

Guidelines for Implementing Certain Provisions of Decree No. 158/2005/NĐ-CP dated December 27, 2005 of the Government on Registration and Management of Household Records

ngày 27/12/2005 của Chính phủ về đăng ký và quản lý hộ tịch

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Pursuant to Decree No. 62/2003/NĐ-CP dated June 6, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

Pursuant to Decree No. 06/2012/NĐ-CP dated February 2, 2012 of the Government amending and supplementing certain articles of decrees on civil status, marriage and family, and notarization;

To ensure uniform implementation of regulations on registration and management of household records, thereby enhancing the effectiveness of state administration and facilitating individuals and organizations in exercising their rights and obligations regarding household record registration, the Ministry of Justice issues guidelines for implementing certain provisions of Decree No. 158/2005/NĐ-CP dated December 27, 2005 of the Government on Registration and Management of Household Records as follows:

I. GENERAL PROVISIONS

1. Time Limit for Resolving Household Record Matters

The time limit for resolving household record matters prescribed in Clause 2 Article 18, Clause 2 Article 27, Clause 2 Article 30, Clause 3 Article 31, Clause 2 Article 34, Clause 2 Article 38, Clause 2 Article 45, Clause 2 Article 48, Clause 2 Article 59, and Clause 1 Article 67 of Decree No. 158/2005/NĐ-CP dated December 27, 2005 of the Government on Registration and Management of Household Records (hereinafter referred to as Decree No. 158/2005/NĐ-CP) shall be calculated based on working days.

2. Resolution of Requests for Household Record Registration

a) For household record registrations that cannot be resolved on the same day, the staff receiving the dossier must issue a notice specifying the date for returning the results to the parties concerned.

b) When processing a household record registration dossier, the staff receiving the dossier should pay attention to the following:

- In cases where the matter does not fall within the jurisdiction, the staff receiving the dossier must guide the parties concerned to contact the competent authority to resolve the matter;

- In cases where the household record registration dossier is incomplete or invalid, the staff receiving the dossier must write a guidance note for the parties concerned. The content of the guidance note must clearly specify each type of document required to be supplemented, signed by the staff receiving the dossier with their full name, and handed over to the parties concerned. The time limit for resolution shall be counted from the date when all valid documents are received.

c) If it is determined that the conditions stipulated by the law on household records are not met, the household record registration authority shall refuse the registration. The refusal must be notified in writing to the parties concerned. The refusal notice must specify the reasons for refusal, bear the signature of the head of the household record registration authority, and be stamped with the seal of the household record registration authority.

3. Recording Administrative Place Names in Household Record Documents and Books

When there is a change in administrative place names, the recording of administrative place names in household record documents and books shall be carried out as follows:

a) When registering household events (registration within the deadline, late registration, re-registration), the part recording administrative place names in household record documents and books shall be recorded according to the new administrative place names.

b) When issuing a new original Birth Registration Certificate, the part recording administrative place names in the content of the Birth Registration Certificate shall be recorded according to the administrative place names recorded in the Birth Registration Book; the part recording administrative place names at the top left corner of the Birth Registration Certificate shall be recorded according to the new administrative place names.

c) When issuing copies of household record documents from the household record book, the part recording administrative place names in the household record documents (including the top left corner and the content of the documents) shall be recorded according to the administrative place names recorded in the household record book.

4. Recovery and Revocation of Household Record Documents

a) For household record documents issued before April 1, 2006 (the effective date of Decree No. 158/2005/NĐ-CP), which are found to violate the regulations on household records at the time of registration, the recovery and revocation shall also be carried out in accordance with the provisions of Decree No. 158/2005/NĐ-CP; except for marriage registrations violating the marriage conditions stipulated by the Law on Marriage and Family (in such cases, the revocation of marriage registration falls under the jurisdiction of the People's Court).

b) The authority issuing the decision to recover and revoke household record documents shall notify the authority that registered the household record to make a note in the household record book, and simultaneously inform the parties concerned.

II. HOUSEHOLD RECORD REGISTRATION

1. Birth Registration

a) Authority for Birth Registration Based on the Mother's Place of Residence

According to Clause 1 Article 8 and Clause 1 Article 13 of Decree No. 158/2005/NĐ-CP, birth registration for children must be conducted at the People's Committee of the commune, ward, or town (hereinafter referred to as the People's Committee of the commune), where the mother is registered as a permanent resident; if the mother has no permanent residence, birth registration for children shall be conducted at the People's Committee of the commune where the mother is registered as a temporary resident.

If the mother has a permanent residence but actually resides and works stably at her temporary residence, the People's Committee of the commune where the mother is registered as a temporary resident also has the authority to conduct birth registration for children (Example: Ms. T is registered as a permanent resident in Dinh Bang Commune, Tu Son District, Bac Ninh Province, but works stably and gives birth at her temporary residence in Tan Tao Ward, Binh Tan District, Ho Chi Minh City, then the People's Committee of Tan Tao Ward also has the authority to conduct birth registration for Ms. T's child). In this case, the People's Committee of the commune where the birth registration was conducted shall notify the People's Committee of the commune where the mother is registered as a permanent resident. The note column of the Birth Registration Book must clearly state "Birth registration based on the mother's temporary residence."

b) Authority for Birth Registration According to Clause 1 Article 96 of Decree No. 158/2005/NĐ-CP

According to Clause 1 Article 96 of Decree No. 158/2005/NĐ-CP, the provisions on birth registration in Section 1 Chapter II of Decree No. 158/2005/NĐ-CP shall also apply to birth registration for cases specified in Points a, b, c, d, and e of Clause 1 Article 96 of Decree No. 158/2005/NĐ-CP. The authority for birth registration for these cases shall be determined as follows:

- Birth registration for children born in Vietnam, whose parents are Vietnamese citizens residing abroad, shall be conducted at the People's Committee of the commune where the mother or father resides during their stay in Vietnam.

- The registration of birth for children born in Vietnam, with one parent being a Vietnamese citizen residing in Vietnam and the other being a Vietnamese citizen residing abroad, shall be conducted at the People's Committee of the commune where the Vietnamese citizen residing in Vietnam resides.

- The registration of birth for children born in Vietnam, with both parents being foreigners or stateless persons residing permanently in Vietnam, shall be conducted at the People's Committee of the commune where the mother or father resides. The authority to register births based on the place of residence of the mother or father shall be determined as for the registration of birth for children born in Vietnam, with both parents being Vietnamese citizens residing in Vietnam.

- The registration of birth for children born in Vietnam, with one parent being a foreigner or stateless person residing permanently in Vietnam and the other being a Vietnamese citizen residing in Vietnam, shall be conducted at the People's Committee of the commune where the Vietnamese citizen resides.

- The registration of birth for children born in Vietnam, with one parent being a Vietnamese citizen residing in border areas and the other being a citizen of a neighboring country residing in border areas with Vietnam, shall be conducted at the People's Committee of the commune where the Vietnamese citizen resides.

- Determining the authority to register birth for children born in Vietnam, with one parent being a Vietnamese citizen residing in Vietnam and the other being a Vietnamese citizen residing abroad.

In cases where the registration of birth for children born in Vietnam, with one parent being a Vietnamese citizen residing in Vietnam and the other being a Vietnamese citizen residing abroad who has acquired foreign citizenship, the authority to register birth shall be determined based on the valid passport of the Vietnamese citizen residing abroad. If the party presents a Vietnamese passport, the registration of birth for the child shall be conducted at the People's Committee of the commune according to point b Clause 1 Article 96 Decree No. 158/2005/NĐ-CP; if presenting a foreign passport, the registration of birth shall be conducted at the Department of Justice of the province (city) according to Articles 49 and 50 of Decree No. 158/2005/NĐ-CP.

This guidance also applies to cases where the registration of birth for children born in Vietnam, with both parents being Vietnamese citizens residing abroad.

- For children born abroad, with both parents being Vietnamese citizens but not registered for birth abroad, upon returning to reside in Vietnam, the provisions of Section 1 Chapter II of Decree No. 158/2005/NĐ-CP and the guidance in this section shall apply for the registration of birth. The note column of the Birth Registration Book must clearly state "Child born abroad, not registered for birth abroad."

- For children born abroad, brought back to Vietnam by their Vietnamese mother to live, the provisions regarding the registration of birth for illegitimate children as stipulated in Section 1 Chapter II of Decree No. 158/2005/NĐ-CP and the guidance in this section shall apply for the registration of birth when:

- The child has not been registered for birth abroad;

- The mother of the child has not registered for marriage.

In cases where the mother reports the father, the father must follow the procedures to acknowledge paternity as prescribed by law.

The note column of the Birth Registration Book must clearly state "Child born abroad, not registered for birth abroad."

- Determining surname and place of origin

When registering birth, the surname and place of origin of the child shall be determined according to the surname and place of origin of the father or the mother, following custom or agreement between the parents.

In cases of registering birth for an illegitimate child, if there is no decision recognizing the acknowledgment of paternity, the surname and place of origin of the child shall be determined according to the surname and place of origin of the mother.

- Recording place of birth

In cases where the child is born at a healthcare facility, the name of the healthcare facility and the administrative location where the child was born shall be recorded (Example: Hanoi Obstetrics and Gynecology Hospital or Health Station of Đình Bảng Commune, Từ Sơn District, Bắc Ninh Province).

In cases where the child is born outside a healthcare facility, the name of the administrative location (commune/district/city within a province, province/city) where the child was born shall be recorded (Example: Đình Bảng Commune, Từ Sơn District, Bắc Ninh Province).

- Registering birth for abandoned newborns

In cases where an abandoned newborn has accompanying documents providing information about the parents, but after implementing the notification procedure as stipulated in Clause 2 Article 16 of Decree No. 158/2005/NĐ-CP, the parents cannot be found, such information shall only be noted in the note column of the Birth Registration Book; the sections for recording the mother and father in the Birth Registration Book and the Birth Certificate of the child shall remain blank.

2. Registration of Marriage

- When registering marriage, each male and female party must fill out a separate Marriage Registration Form. If both parties reside in the same commune, ward, town, or work in the same unit within the people's armed forces, then both parties only need to fill out one Marriage Registration Form.

- The certificate of marital status for the purpose of marriage registration and the confirmation of marital status in the Marriage Registration Form both have evidentiary value regarding the marital status of the marrying parties; when registering marriage, each party only needs to submit one of these two types of documents.

- The content of the confirmation of marital status must clearly state that the party has not registered for marriage with anyone (Example: Mr. Nguyen Van A, currently residing at..., has not registered for marriage with anyone); for those who have had a spouse but have divorced or whose spouse has died, this must also be clearly stated (Example: Mr. Nguyen Van A, currently residing at..., has registered for marriage but has divorced according to Divorce Judgment number... dated... month... year... of the People's Court..., has not registered for marriage with anyone).

d) For those who have resided in multiple places (including time spent residing abroad), if the People's Committee at the commune level, which confirms the marital status, is unclear about their marital status in those places, then the parties are required to write a declaration regarding their marital status before moving to reside in the local area and bear responsibility for such declaration.

đ) When confirming the marital status on the Marriage Registration Form, the People's Committee at the commune level must also record it in the Register for Issuing Marital Status Certificates for management purposes. The number/volume number in the Register for Issuing Marital Status Certificates shall be supplemented after the section recording the validity period of the confirmation: This confirmation is valid for six months from the date of issuance. (Number .../volume number ...).

e) The Marital Status Certificate or the Marriage Registration Form with confirmed marital status in the marriage registration dossier of both male and female parties must be the original. A Marital Status Certificate marked for a purpose other than marriage registration procedures shall not be used for marriage registration procedures, and vice versa, a Marital Status Certificate marked for marriage registration procedures shall not be used for other purposes.

g) When the parties request to confirm their marital status again on the Marriage Registration Form due to the previous confirmation having expired, they must submit the old Marriage Registration Form; in cases where the parties declare that the Marriage Registration Form has been lost, they must make a commitment regarding not having registered for marriage; this commitment must be kept in the file for issuing the Marital Status Certificate. The reconfirmation of marital status must also be recorded in the Register for Issuing Marital Status Certificates. In the Remarks column of the Register for Issuing Marital Status Certificates (including both initial confirmation and reconfirmation), it must clearly state "Reconfirmed marital status on ..., month ..., year ..., reason for reconfirmation ...".

This guidance also applies when processing requests to issue again the Marital Status Certificate for use in marriage purposes.

h) When one party or both male and female parties request to withdraw the marriage registration dossier, the People's Committee at the commune level returns the dossier while guiding the parties to return the Marital Status Certificate or the Marriage Registration Form with confirmed marital status to the People's Committee at the commune level that issued the Marital Status Certificate to note in the Register for Issuing Marital Status Certificates that there was no marriage registration; in cases where the person registering for marriage is an officer or soldier working in the armed forces, the unit leader must be notified.

3. Registration of Adoption

a) The Adoption Registration Form (model STP/HT-2008-TKNCN) replaces the Consent Agreement for Adoption in the following cases:

- The child to be adopted is abandoned, with no traceable birth parents and has not been placed in a care facility;

- Both birth parents of the child have died, disappeared, lost civil capacity, or are restricted in civil capacity without a guardian or organization.

b) Requests to change the declaration of birth parents to adoptive parents in the Birth Registration Form and Birth Registration Book according to Clause 2, Article 28 of Decree No. 158/2005/NĐ-CP will not be processed in the following cases:

- Changing the declaration of one birth father or mother to adoptive father or mother while keeping the declaration of the remaining birth parent;

- Changing the declaration of birth parents to adoptive parents in cases where one or both birth parents have died.

c) In cases where, at the time of processing the request to re-register the birth of the adopted child according to Clause 2, Article 28 of Decree No. 158/2005/NĐ-CP, the adoptive parents request to change the surname of the adopted child from the birth parents' surname to the adoptive parents' surname, the surname of the adopted child will be immediately recorded according to the adoptive parents' surname when re-registering the birth without needing to go through the surname change procedure.

d) A stepmother has the right to adopt her husband's biological child, and a stepfather has the right to adopt his wife's biological child as an adopted child when meeting the conditions for adopting a child as stipulated by the Law on Marriage and Family.

đ) Adoption that changes the family hierarchy (such as grandparents adopting grandchildren or siblings adopting each other as adopted children) will not be processed.

4. Registration of Acknowledgment of Father, Mother, or Child

a) In cases where the parents of a child live together as husband and wife but have not registered their marriage, and the mother leaves the child with the father and disappears without leaving an address, when the father processes the acknowledgment of the child, he does not need the consent of the mother. When registering the birth, the part concerning the mother in the Birth Registration Form and Birth Registration Book will be recorded according to the Birth Certificate. If there is no Birth Certificate, it will be recorded according to the father's statement; if the father does not provide information about the mother, it will be left blank.

b) In cases where a child is born before the parents registered their marriage and is acknowledged by the parents, the father's name will be immediately recorded in the Birth Registration Form and Birth Registration Book of the child without the father needing to process the acknowledgment of the child.

5. Change, Correction of Household Registration, Determination of Ethnicity, Determination of Gender, Supplement to Household Registration, Adjustment of Household Registration

a) For cases where household registration was registered with the People's Committee at the provincial level or registered during the French colonial period or the Saigon puppet regime, and currently only one household registration book is retained at the Department of Justice, the Department of Justice where the household registration book is currently retained also has the authority to handle changes, corrections to household registration, determination of ethnicity, determination of gender, supplementation to household registration, and adjustment of household registration.

b) For cases where birth registration was conducted with the Department of Justice according to Articles 49 and 50 of Decree No. 158/2005/NĐ-CP, the Department of Justice where the birth registration was conducted also has the authority to handle changes, corrections to household registration, determination of ethnicity, determination of gender, supplementation to household registration.

c) For cases involving correction of date of birth; the date of birth recorded in the current Birth Registration Form of the person requesting the correction serves as the basis for calculating age to determine the authority to handle the correction request.

d) In case the party presents a Birth Registration Certificate issued during the French colonial period or during the Saigon puppet regime to process changes, corrections to household registration, re-determination of ethnicity, re-determination of gender, supplementation to household registration, they must go through the procedure for issuing a new original Birth Registration Certificate (if the previous Birth Registration Book still exists) or registering birth again (if the previous Birth Registration Book does not exist). The new original Birth Registration Certificate will be used to process changes, corrections to household registration, re-determination of ethnicity, re-determination of gender, supplementation to household registration. The old Birth Registration Certificate must be retrieved and stored.

đ) Vietnamese citizens residing abroad who have recorded their birth; marriage; acknowledgment of father, mother, child; adoption registration at the competent authority of a foreign country according to Clause 4, Chapter III of Decree No. 158/2005/NĐ-CP and request changes, corrections to household registration, re-determination of ethnicity, re-determination of gender, supplementation to household registration, adjustment to household registration shall also be resolved according to the procedures and formalities stipulated in Clause 7, Chapter II of Decree No. 158/2005/NĐ-CP and the guidance provided herein.

Changes, corrections to household registration, re-determination of ethnicity, re-determination of gender, supplementation to household registration, adjustment to household registration in this case shall be carried out at the Department of Justice where the household registration matters were previously recorded.

e) In case Vietnamese citizens have registered household registration at diplomatic missions or consular offices of Vietnam abroad and then return to reside in Vietnam and request changes, corrections to household registration, re-determination of ethnicity, re-determination of gender, supplementation to household registration, adjustment to household registration, such requests shall also be processed according to the provisions of Clause 7, Chapter II of Decree No. 158/2005/NĐ-CP and the guidance provided herein.

The authority to resolve changes, corrections to household registration, re-determination of ethnicity, re-determination of gender, supplementation to household registration, adjustment to household registration in this case shall be determined as follows:

- Changes, corrections to household registration (for persons under 14 years old), supplementation to household registration, adjustment to household registration for all cases regardless of age shall be handled at the People's Committee of the commune where the party resides.

- Changes, corrections to household registration (for persons aged 14 years and above), re-determination of ethnicity, re-determination of gender for all cases regardless of age shall be handled at the People's Committee of the district, town, or city directly under a province (hereinafter referred to as the People's Committee of the district) where the party resides.

After completing the changes, corrections to household registration, re-determination of ethnicity, re-determination of gender, supplementation to household registration, adjustment to household registration, the People's Committee of the district or the People's Committee of the commune must notify the Ministry of Foreign Affairs so that the Ministry can notify the diplomatic missions or consular offices of Vietnam in the countries where the party has registered household registration to make corresponding entries in the household registration books. If the household registration book has been transferred to the Ministry of Foreign Affairs for storage, the Ministry will also make the necessary entries.

g) Corrections to the contents of the original Birth Registration Certificate, particularly corrections to the date of birth, shall only be resolved in cases where there is sufficient basis to determine that there was a mistake in the registration due to clerical errors by judicial household registration officers or due to the party's erroneous declaration. In cases where the request for correction to the contents of the original Birth Registration Certificate is made with the intent to alter the truth of the previously registered information to legitimize current personal documents, such requests will not be resolved.

h) In cases where the Birth Registration Certificate of a person only records the year of birth without the month and day of birth and a request for supplementation is made, the month and day of birth shall be recorded according to the Birth Certificate; if there is no Birth Certificate, the month and day of birth shall be determined as follows:

- For individuals who do not have personal documents recording the month and day of birth, the month and day of birth shall be determined based on a sworn statement from the biological parents or guardian (for children under six years old); or based on the declaration of the person requesting supplementation, confirmed by a witness (for individuals aged six years and above).

- For individuals who already have personal documents such as Household Registration Books, Identity Cards, school transcripts, graduation certificates, employee records, party member records, which consistently record the month and day of birth, the month and day of birth shall be determined according to those records. In cases where the month and day of birth recorded in these documents are inconsistent, the month and day of birth shall be determined according to the earliest established document.

- In cases where the month and day of birth cannot be determined according to the above guidance, the month and day of birth shall be considered as January 1st.

i) In cases where the household registration book is still stored at both the People's Committee of the commune and the People's Committee of the district, the party may choose to process the supplementation to household registration or adjustment to household registration at either the People's Committee of the commune or the People's Committee of the district.

The notification and entry into the household registration book after completing the supplementation to household registration or adjustment to household registration shall be carried out according to Article 40 of Decree No. 158/2005/NĐ-CP.

k) All notes regarding changes, corrections to household registration, re-determination of ethnicity, re-determination of gender, supplementation to household registration, adjustment to household registration must be stamped by the agency responsible for making the note in the content section of the household registration book and on the back of the original household registration document. For changes, corrections to household registration, re-determination of ethnicity, re-determination of gender, supplementation to household registration, adjustment to household registration within the jurisdiction of the People's Committee of the district, the Head or Deputy Head of the Justice Office shall carry out the note and stamping of the Justice Office.

6. Late Registration of Birth and Death

a) In cases of late registration of birth for adults where one or both biological parents have died, the registration shall be based on personal documents presented by the party that indicate the parent-child relationship; in cases where there are no such documents, the household registration agency must verify and clarify before registering.

This guidance also applies to the case of re-registering birth for a person who has reached adulthood when one or both biological parents have died.

b) When registering a delayed birth certificate for civil servants, public officials, or military personnel currently serving in armed forces units, such individuals must submit copies of personal files and documents such as: Household registration book, Identity card, school record book, graduation certificate, official resume, party member resume. In cases where the agency or unit does not allow copying due to confidentiality reasons, there must be confirmation from the head of the agency or unit regarding the contents of the birth registration (such as: Name; gender; date, month, year of birth; ethnicity; nationality; place of origin; parent-child relationship) recorded in the personal file managed by the agency or unit.

This guidance also applies to the case of re-registering birth for civil servants, public officials, or military personnel currently serving in armed forces units without a copy of a previously issued valid birth certificate.

c) The registration of a delayed birth certificate for children in cases stipulated in Clause 1, Article 96 of Decree No. 158/2005/ND-CP shall be carried out according to the provisions of Articles 43, 44, and 45 of Decree No. 158/2005/ND-CP.

7. Re-registration of Birth, Death, Marriage, Adoption

a) In cases where the People's Committee at the commune level lacks grounds to determine that the party has registered household registration, then the People's Committee at the commune level only confirms that the household registration book of that year is no longer stored; if the previous household registration was registered with the People's Committee at the district level, it will be confirmed by the People's Committee at the district level. Confirmation that the household registration book is no longer stored replaces confirmation that the party has registered household registration.

This guidance also applies to the case of re-registering birth, death, marriage, adoption involving foreign elements as provided for in Clause 1, Article 59 of Decree No. 158/2005/ND-CP, where the previous household registration was registered with the People's Committee at the commune level or the People's Committee at the district level.

b) In cases where the party re-registering birth, death, marriage, adoption presents a copy of a previously issued valid household registration document, then confirmation from the People's Committee at the commune level where the household registration was previously registered is not required.

c) In cases where the party has the original Birth Certificate but the previous Birth Registration Book is no longer stored or the previous birth registration was not recorded in the Birth Registration Book, and the party requests re-registration, this will be handled similarly to the case where the party has a copy of a previously issued valid Birth Certificate.

The content of the birth registration is recorded based on the content of the original Birth Certificate presented by the party. After re-registration and issuance of a new original Birth Certificate, the old original Birth Certificate must be retrieved and stored in the file.

III. HOUSEHOLD REGISTRATION WITH FOREIGN ELEMENTS

1. Registration of Birth with Foreign Elements

a) Cases of children born abroad who have not been registered for birth abroad are also applied according to the provisions of Section I Chapter III of Decree No. 158/2005/ND-CP and the guidance in this section for birth registration when:

- The child has one parent who is a foreigner and the other is a Vietnamese citizen; the parents are married;

- The child returns to Vietnam to reside.

Birth registration for children in this case is conducted at the Department of Justice of the province (city) where the child actually resides.

When registering birth, the person registering the birth must declare that the child has not been registered for birth abroad, and simultaneously present the child's passport (if available); in cases where the child does not have a Birth Certificate or other documents proving the birth, the person registering the birth must make a declaration about the birth. The nationality of the child is determined as follows:

- If the child has a foreign passport, then the nationality of the child is the foreign nationality (as stated in the passport);

- If the child does not have a foreign passport, then the nationality of the child will be determined by agreement (in writing) between the parents; in cases where there is no agreement between the parents regarding the choice of nationality for the child (due to the parents being unable to contact each other), the nationality of the child is Vietnamese nationality according to the nationality of the parent who is a Vietnamese citizen.

The note column of the Birth Registration Book must clearly state "Child born abroad, not registered for birth abroad."

b) In cases of registering birth for children born in Vietnam with one parent who is a Vietnamese citizen and the other a foreigner; if the parents choose Vietnamese nationality for the child, they must also have a written agreement between the parents as prescribed by the Law on Nationality of Vietnam; in cases where there is no agreement between the parents regarding the choice of nationality for the child (due to the parents being unable to contact each other), the nationality of the child is Vietnamese nationality according to the nationality of the parent who is a Vietnamese citizen.

c) In cases where the parents choose Vietnamese nationality for the child, the name of the child is a Vietnamese name (Example: Dỗ Nhật Thành) or a combination of a Vietnamese name and a foreign name (Example: Dỗ Nhật Randy Thành) according to the parents' choice.

2. Recording household registration matters of Vietnamese citizens registered with competent authorities abroad

Vietnamese citizens residing abroad who have noted in their household registration books the registration of birth; marriage; acknowledgment of father, mother, child; adoption registered with competent authorities abroad according to the provisions of Section 4 Chapter III of Decree No. 158/2005/ND-CP, after noting, the Director of the Department of Justice signs and issues to the party the original Birth Certificate (Model STP/HT-2008-KS.GC); Marriage Certificate (Model STP/HT-2008-KH.GC); Decision recognizing the acknowledgment of father, mother, child (Model STP/HT-2008-CMC.GC); Decision recognizing adoption (Model STP/HT-2008-NCN.GC) according to each type of household registration matter noted.

IV. ISSUANCE OF COPIES OF HOUSEHOLD REGISTRATION DOCUMENTS FROM THE HOUSEHOLD REGISTRATION BOOK, REISSUANCE OF ORIGINAL BIRTH CERTIFICATES

1. Issuance of Copies of Household Registration Documents from the Household Registration Book

In case the Department of Justice issues a copy of household registration documents from the household registry, where previous household registration matters were registered by the Provincial People's Committee according to Decree No. 83/1998/NĐ-CP dated October 10, 1998 of the Government on household registration, the Department of Justice shall use the copy form (the form used at the Department of Justice issued pursuant to Decision No. 01/2006/QĐ-BTP dated March 29, 2006 of the Minister of Justice) to issue to citizens. When using this form, the Department of Justice supplements the section recording the name and position of the person who signed previously into the household registration form.

2. Reissue original Birth Registration Certificate

a) For cases where birth registration was made with the Provincial People's Committee, or registered during the French colonial period or the puppet regime of Saigon, and currently only one Birth Registration Book is kept at the Department of Justice, then the Department of Justice, which keeps the Birth Registration Book, also has the authority to reissue the original Birth Registration Certificate.

b) In cases where the District People's Committee reissues the original Birth Registration Certificate but the Birth Registration Book is only kept at the Commune People's Committee, the District People's Committee requests the Commune People's Committee to provide information to be recorded in the content of the original Birth Registration Certificate. The Commune People's Committee is responsible for extracting the information and responding in writing, or photocopying the page of the Birth Registration Book with the confirmation of the Commune People's Committee and sending it to the District People's Committee.

c) When reissuing the original Birth Registration Certificate, the Department of Justice, the District People's Committee does not need to establish a separate book but only record the reissue in the note column of the Birth Registration Book as stipulated in Clause 2, Article 63 of Decree No. 158/2005/NĐ-CP. The number and volume number recorded in the original Birth Registration Certificate when reissued shall be based on the number and volume number of the previous Birth Registration Book.

d) In cases where the party requests to reissue the original Birth Registration Certificate while supplementing the content in the original Birth Registration Certificate, the Department of Justice or the District People's Committee will first resolve the supplementation of the content in the previous Birth Registration Book, then proceed to reissue the original Birth Registration Certificate according to the supplemented content in the Birth Registration Book.

V. RECORDING OF HOUSEHOLD REGISTRATION FORMS AND HOUSEHOLD REGISTRIES

1. Recording of household registration forms

When registering household matters, judicial officers, judicial staff of the Judicial Office, or household registration officers of the Department of Justice must write manually into the original household registration documents; they cannot type or print through the installed household registration software.

In cases where copies of household registration documents are issued from the household registry, typing or printing through the installed household registration software is allowed.

2. Correcting errors in the content of the household registry

As the household registry is an original document, all information recorded in the household registry must be absolutely accurate. In cases where the content of the original household registration document is correct but the content in the household registry is incorrect, the incorrect content in the household registry must be corrected to match the original household registration document.

The correction of errors in the content of the household registry is carried out similarly to the provisions of Clause 1, Article 69 of Decree No. 158/2005/NĐ-CP.

VI. IMPLEMENTATION

1. This Circular takes effect fifteen days after its publication in the Official Gazette.

The following forms are attached to this Circular:

2. During implementation, if there are difficulties or new matters arise, the Department of Justice shall promptly report in writing to the Ministry of Justice for guidance./.