Joint Circular No. 02/2016/TTLT-BNG-BTP guiding the registration and management of household records at diplomatic missions and consular posts of Vietnam abroad.

JOINT CIRCULAR

GUIDELINES FOR REGISTRATION AND MANAGEMENT OF CITIZENSHIP AT OVERSEAS DIPLOMATIC MISSIONS AND CONSULAR AGENCIES OF VIETNAM

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Pursuant to the Household Registration Law No. 60/2014/QH13 dated November 20, 2014;

BASED ON THE NATIONALITY LAW 24/2008/QH12 ON NOVEMBER 13, 2008;

BASED ON THE MARRIAGE AND FAMILY LAW NUMBER 52/2014/QH13 OF JUNE 19, 2014,

BASED ON THE LAW ON VIETNAM'S FOREIGN MISSIONS NUMBER 33/2009/QH12 OF JUNE 18, 2009,

BASED ON DECREE NUMBER 123/2015/NĐ-CP OF NOVEMBER 15, 2015 OF THE GOVERNMENT PROVIDING DETAILED PROVISIONS ON CERTAIN ARTICLES AND MEASURES TO IMPLEMENT THE HOUSEHOLD REGISTRATION LAW;BASED ON DECREE NUMBER 58/2013/NĐ-CP OF JUNE 11, 2013 OF THE GOVERNMENT PROVIDING THE FUNCTIONS, TASKS, POWERS, AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF FOREIGN AFFAIRS;

THE MINISTER OF FOREIGN AFFAIRS AND THE MINISTER OF JUSTICE ISSUE GUIDELINES FOR REGISTRATION

Pursuant to Decree No. 22/2013/NĐ-CP dated March 13, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

AND MANAGEMENT OF CITIZENSHIP AT VIETNAM'S DIPLOMATIC MISSIONS AND CONSULAR AGENCIES ABROAD AS FOLLOWS:THESE JOINT CIRCULARS PROVIDE DETAILED GUIDANCE ON ARTICLE 3 AND ARTICLE 53 OF THE HOUSEHOLD REGISTRATION LAW REGARDING THE REGISTRATION OF CITIZENSHIP FOR VIETNAMESE CITIZENS RESIDING ABROAD; RE-REGISTRATION OF BIRTH, MARRIAGE, DEATH; ISSUANCE OF COPIES OF HOUSEHOLD REGISTRATION RECORDS; ISSUANCE OF MARRIAGE STATUS CERTIFICATES FOR VIETNAMESE CITIZENS RESIDING ABROAD; STATE MANAGEMENT OF CITIZENSHIP AT VIETNAM'S DIPLOMATIC MISSIONS AND CONSULAR AGENCIES ABROAD (HEREINAFTER REFERRED TO AS THE MISSIONS) IN ACCORDANCE WITH THE HOUSEHOLD REGISTRATION LAW AND DECREE NUMBER 123/2015/NĐ-CP OF NOVEMBER 15, 2015 OF THE GOVERNMENT PROVIDING DETAILED PROVISIONS ON CERTAIN ARTICLES AND MEASURES TO IMPLEMENT THE HOUSEHOLD REGISTRATION LAW (HEREINAFTER REFERRED TO AS DECREE NUMBER 123/2015/NĐ-CP). 1. THE MISSIONS SHALL REGISTER CITIZENSHIP MATTERS IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 3 OF THE HOUSEHOLD REGISTRATION LAW, RE-REGISTER BIRTH, MARRIAGE, AND DEATH IN ACCORDANCE WITH THE LAWS; ISSUE COPIES OF HOUSEHOLD REGISTRATION RECORDS FROM THE HOUSEHOLD REGISTRATION BOOK; ISSUE MARRIAGE STATUS CERTIFICATES FOR VIETNAMESE CITIZENS RESIDING ABROAD.2. FOR COUNTRIES WHERE VIETNAM HAS TWO OR MORE MISSIONS, THE AUTHORITY TO REGISTER CITIZENSHIP BELONGS TO THE MISSION IN THE CONSULAR AREA WHERE THE APPLICANT IS RESIDENT. FOR COUNTRIES WITHOUT MISSIONS, THE REGISTRATION OF CITIZENSHIP SHALL BE HANDLED BY THE MISSION IN THE HOST COUNTRY OR THE MOST CONVENIENT MISSION.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

3. VIETNAMESE CITIZENS TEMPORARILY RESIDING ABROAD ARE PERSONS WHO CURRENTLY HOLD VIETNAMESE NATIONALITY WORKING, STUDYING, OR LABORING ABROAD AND HAVE BEEN ISSUED PERMIT DOCUMENTS BY THE HOST COUNTRY FOR TEMPORARY RESIDENCE.

Article 2. Authority for Registering Household Records

THE SUBMISSION, ACCEPTANCE OF APPLICATIONS, AND DELIVERY OF RESULTS FOR CITIZENSHIP REGISTRATION AT THE MISSIONS SHALL BE CONDUCTED IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 3 OF DECREE NUMBER 123/2015/NĐ-CP, ARTICLES 2, 3, 4, AND 5 OF CIRCULAR NUMBER 15/2015/TT-BTP OF NOVEMBER 16, 2015 OF THE MINISTRY OF JUSTICE PROVIDING DETAILED PROVISIONS ON THE IMPLEMENTATION OF CERTAIN ARTICLES OF THE HOUSEHOLD REGISTRATION LAW AND DECREE NUMBER 123/2015/NĐ-CP OF NOVEMBER 15, 2015 OF THE GOVERNMENT PROVIDING DETAILED PROVISIONS ON CERTAIN ARTICLES AND MEASURES TO IMPLEMENT THE HOUSEHOLD REGISTRATION LAW (HEREINAFTER REFERRED TO AS CIRCULAR NUMBER 15/2015/TT-BTP), AND THE FOLLOWING GUIDELINES:

1. APPLICATIONS FOR CITIZENSHIP REGISTRATION MAY BE SUBMITTED DIRECTLY OR THROUGH POSTAL SERVICES, EXCEPT IN CASES WHERE THE LAW REQUIRES THE INDIVIDUAL TO BE PRESENT IN PERSON WHEN APPLYING FOR MARRIAGE REGISTRATION, RE-MARRIAGE REGISTRATION, OR PARENT-CHILD RELATIONSHIP REGISTRATION.

Article 3. Explanation of Terms

In this Circular, the following terms shall be understood as follows:

1. Vietnamese citizens residing abroad are those who hold Vietnamese nationality and reside permanently or temporarily outside Vietnam.

2. Vietnamese citizens residing permanently abroad are those who hold Vietnamese nationality and are granted permanent residency status by the host country.

2. WHEN REQUESTING CITIZENSHIP REGISTRATION PROCEDURES AT THE MISSIONS, THE APPLICANT MUST PRESENT THE ORIGINAL OF ONE OF THE FOLLOWING DOCUMENTS: PASSPORT OR DOCUMENTS THAT CAN SUBSTITUTE FOR A PASSPORT, IDENTITY CARD, CITIZENSHIP CARD, OR OTHER DOCUMENTS WITH PHOTOGRAPH AND PERSONAL INFORMATION ISSUED BY AN AUTHORIZED BODY STILL VALID (HEREINAFTER REFERRED TO AS PERSONAL IDENTIFICATION DOCUMENTS) TO PROVE PERSONAL IDENTITY; DOCUMENTS PROVING RESIDENCE IN THE HOST COUNTRY. THE MISSIONS WILL CHECK, TAKE PHOTOS, AND CONFIRM THE PHOTOCOPY MATCHES THE ORIGINAL FOR FILE STORAGE.

4. Consular officials are diplomatic or consular officers assigned to perform household registration tasks at the representative body.

Article 4. Submission, Acceptance, and Delivery of Results for Household Registration

IF THE APPLICATION IS SUBMITTED THROUGH POSTAL SERVICES, SUBMITTED DOCUMENTS MUST BE LEGALLY CERTIFIED COPIES.

3. DOCUMENTS ISSUED BY THE AUTHORIZED BODIES OF THE HOST COUNTRY USED FOR CITIZENSHIP REGISTRATION AT THE MISSIONS DO NOT REQUIRE LEGALIZATION BY THE CONSULATE. IN CASES OF DOUBT ABOUT THE AUTHENTICITY OF THE DOCUMENTS, THE MISSIONS WILL REQUIRE THE DOCUMENTS TO BE CERTIFIED BY THE AUTHORIZED BODIES.

In cases where the person wishes to receive the result through postal services, the applicant must prepare a pre-addressed envelope with stamps or postage prepaid.

FOREIGN LANGUAGE DOCUMENTS IN THE APPLICATION FOR CITIZENSHIP REGISTRATION MUST BE TRANSLATED INTO VIETNAMESE OR ENGLISH IN ACCORDANCE WITH THE PROVISIONS.

WHEN HANDLING CITIZENSHIP REGISTRATION REQUESTS, THE MISSIONS SHALL USE THE FORMS AND HOUSEHOLD REGISTRATION BOOKS ISSUED BY THE MINISTRY OF JUSTICE ACCOMPANYING CIRCULAR NUMBER 15/2015/TT-BTP.

PROCEDURES FOR CITIZENSHIP REGISTRATION

Documents issued by the competent authority of a third country for use in registering household records at the representative body must be legalized according to regulations.

Documents in a foreign language in the household registration dossier must be translated into Vietnamese or English in accordance with the regulations.

Article 5. Use of Forms and Household Registers

When processing requests for household registration, the representative agency shall use the forms and household registers corresponding to those issued by the Ministry of Justice pursuant to Circular No. 15/2015/TT-BTP.

Chapter II

PROCEDURE FOR HOUSEHOLD REGISTRATION

Article 6. Birth Registration

1. The consular representative agency in the area where the father or mother of the child resides or where the child was born shall carry out birth registration for children born abroad who have not been registered with the competent foreign authority and fall under one of the following cases:

a) Having both parents as Vietnamese citizens;

b) Having a Vietnamese mother and a stateless father or an unknown father;

c) Having a Vietnamese parent and a foreign parent, and both parents have a written agreement to choose Vietnamese nationality for their child when registering the birth.

2. The person requesting birth registration shall submit the following documents:

a) A birth registration application form (in accordance with the prescribed model);

b) A birth certificate or other documents issued by the competent foreign authority confirming that the child was born abroad and the mother-child relationship.

c) A written agreement between the parents choosing Vietnamese nationality for the child in cases where one parent is a Vietnamese citizen and the other is a foreign citizen.

If the parents do not submit the application directly, the signatures on the written agreement must be legally certified.

d) In case the parents of the child have a marriage registration, they must present documents proving the marital relationship.

3. Upon receipt of the application, the consular officer shall be responsible for checking the entire application, verifying all information in the application; if the birth information is complete and appropriate, the consular officer shall report to the head of the representative agency for review and signature on the birth certificate issued to the person whose birth is being registered; the consular officer shall record the birth information in the Birth Registration Book and sign the Birth Registration Book together with the person registering the birth.

4. If the representative agency uses software for household registration connected to the individual identification number system of the Ministry of Justice, it shall update the birth registration information into the system and obtain the individual identification number for the person whose birth is being registered.

5. The content of birth registration is determined according to the provisions of Article 14 of the Household Registration Law, Clause 1 of Article 4 of Decree No. 123/2015/NĐ-CP, Article 21 of Circular No. 15/2015/TT-BTP, and the following guidance:

a) In case the father cannot be identified, the surname, ethnicity, place of origin, and nationality of the child shall be determined based on those of the mother; the section regarding the father in the Birth Registration Book and the birth certificate shall remain blank;

b) In case at the time of birth registration, the father requests to go through the procedure to recognize the child, the representative agency shall handle the recognition of the child and birth registration simultaneously. The procedures and requirements for combined birth registration and recognition of the father-child relationship shall be carried out according to Clause 2, Clause 3 of this Article and Article 9 of this Circular. The representative agency shall issue simultaneously the Extract of the Registration of Recognition of Father-Mother-Child and the birth certificate to the applicant;

c) In case the surname, middle name, and given name of the father or mother who is a foreigner are not written in Latin characters, they shall be recorded according to the Latin phonetic transcription in the passport or substitute travel document of that person;

Example: Chen Yung Yu; Han Ji Young;...

d) Foreign place names and country names shall be written in Vietnamese translation (for example: Russian Federation, French Republic, Federal Republic of Germany, United Kingdom, United States, Beijing, Shanghai,...) if there is a Vietnamese translation; in case there is no Vietnamese translation, they shall be written according to the Latin phonetic transcription (for example: Osaka; Kyoto...);

đ) In case the parents have not yet determined some birth information (such as ethnicity, place of origin), the corresponding sections in the birth certificate and Birth Registration Book shall remain blank.

Article 7. Registration of Marriage

1. The consular authority in the place of residence of either the male or female Vietnamese citizen shall carry out the registration of marriage between Vietnamese citizens residing abroad with each other or with foreign nationals.

In the case of registration of marriage between a Vietnamese citizen and a foreign national, such registration must not contravene the laws of the host country.

2. Both parties requesting to register their marriage must submit the following documents:

a) A marriage registration form (according to the prescribed model); both parties may jointly fill out one marriage registration form.

b) If one party is a Vietnamese citizen, they must submit proof of marital status according to the following cases:

- In the case where a Vietnamese citizen has resided in Vietnam for a period of time and reached the age of marriage as stipulated by the Vietnamese Law on Marriage and Family before leaving the country, they must submit a Certificate of Marital Status issued by the People's Committee of the commune, ward, town (hereinafter referred to as the People's Committee at the commune level) where that person was residing before leaving the country.

- In the case where a Vietnamese citizen has resided in multiple countries, they must additionally submit a Certificate of Marital Status issued by the consular authority in the place where they previously resided. If it is impossible to obtain a certificate of marital status from previous places of residence, that person must submit a declaration regarding their marital status during their stay in those places and bear legal responsibility for the content of the declaration.

The content of the declaration must clearly state the period of residence, identity documents, place of residence, and marital status.

Example 2: 841231234567 Example: I am Nguyen Van A, holding passport number......, currently residing at..., hereby declare that during my residence at..., from date... to date..., and during my residence at..., from date... to date..., I have not registered a marriage with anyone. I hereby accept legal responsibility for the content of this declaration under Vietnamese law.

- In the case where a Vietnamese citizen also holds citizenship of another country, they must submit proof of marital status issued by the competent authority of the country of which they hold citizenship.

- In the case where a Vietnamese citizen permanently resides abroad without holding citizenship of another country, or a Vietnamese citizen holds citizenship of another country but permanently resides in a third country, they must submit proof of marital status issued by the competent authority of the country where they permanently reside.

c) In the case where a Vietnamese citizen has divorced or annulled a marriage at a competent authority abroad, they must submit a copy of the entry in the household register regarding the divorce or annulment of the marriage (Divorce Annotation Extract).

d) The foreign national party must submit proof of current marital status confirming that they are not married.

In the case where the laws of a foreign country do not provide for the issuance of proof of marital status, it can be replaced by a document issued by a competent authority of that country certifying that the individual meets the conditions for marriage under its laws.

The validity of proof of marital status of a foreign national is determined by the duration indicated on the document. In the absence of a stated validity period on the proof of marital status of a foreign national, the document is valid for six months from the date of issue.

đ) In the case where a Vietnamese citizen temporarily residing abroad marries a Vietnamese citizen permanently residing abroad; or a Vietnamese citizen permanently residing abroad marries each other, or a Vietnamese citizen marries a foreign national, both parties must additionally submit a Certificate of Health issued by a competent health organization in Vietnam or abroad within no more than six months, confirming that neither party suffers from mental illness or any other disease that impairs their capacity to understand and control their actions.

3. Within ten working days from the date of receipt of complete and valid application materials, the consular officer will review and verify the application. If necessary, measures to verify information will be taken. If the application is complete and valid, and the verification results show that the parties meet the conditions for marriage as stipulated by law, the consular officer will report to the head of the consular authority to sign two original copies of the Certificate of Marriage.

4. Within three working days from the date the head of the consular authority signs the Certificate of Marriage, the consular authority will organize the presentation of the Certificate of Marriage to both parties.

When registering marriage, both parties must be present at the consular office. The consular officer will ask the opinions of both parties; if both parties voluntarily agree to marry, the marriage will be recorded in the Marriage Registration Book; the officer will guide both parties to sign the Certificate of Marriage, and both parties will sign the Marriage Registration Book. Each party will receive one original copy of the Certificate of Marriage. An extract of the marriage (a copy) will be issued upon request.

5. In the case where one or both parties cannot be present to receive the Certificate of Marriage as notified by the consular authority, they must submit a request for an extension of the time for presenting the Certificate of Marriage. The extension period shall not exceed sixty days from the date the head of the consular authority signs the Certificate of Marriage.

After sixty days, if both male and female parties have not come to receive the Certificate of Marriage, the consular officer shall report to the Head of the Diplomatic Mission to cancel the signed Certificate of Marriage.

If the parties still wish to marry each other thereafter, the marriage registration procedures must be restarted from the beginning.

Article 8. Registration of Guardianship, Termination of Guardianship, and Change of Guardianship

1. The representative authority in the consular district where the guardian or the person under guardianship is a Vietnamese citizen residing shall carry out the registration of guardianship between Vietnamese citizens residing abroad with each other.

The representative authority that has registered the guardianship shall carry out the registration of termination of guardianship.

2. The guardian and the person under guardianship must meet the conditions stipulated in the Civil Code.

3. The procedures for registering guardianship, termination of guardianship, and change of guardianship shall be carried out according to the provisions of Articles 20, 21, 22, and 23 of the Household Registration Law.

Article 9. Registration of Adoption of Father, Mother, Child

1. The representative authority in the consular district where the person to be adopted as father, mother, or child resides shall carry out the registration of adoption of father, mother, or child between Vietnamese citizens with each other or between Vietnamese citizens and foreigners residing abroad.

The registration of adoption of father, mother, or child between a Vietnamese citizen residing abroad and a foreigner shall only be carried out if it does not contravene the laws of the host country.

2. The person requesting the registration of adoption of father, mother, or child must submit the following documents:

a) A declaration form for the registration of adoption of father, mother, or child (in accordance with the prescribed model).

b) Copy of Birth Registration Certificate or Birth Extract (copy) of the child, if the child has already been registered for birth at a competent authority in Vietnam.

c) A document from a health agency, forensic agency, or other authorized agency in Vietnam or abroad confirming the father-child relationship or mother-child relationship.

In case there is no such written document, then letters, photographs, tapes, discs, or other items must be provided to prove the relationship of father, mother, or child, along with a written statement from the parents confirming that the child is their common offspring, attested by at least two close relatives of the parents.

3. Within seven days from the date of receiving complete and valid documents, the consular officer shall examine the documents and simultaneously post the notice of adoption of father, mother, or child at the office of the representative authority. If the adoption of father, mother, or child is found to be correct, compliant with the law, and without any disputes, the consular officer shall report to the head of the representative authority. The head of the representative authority shall sign the original Extract of the Registration of Adoption of Father, Mother, or Child and issue it to the parties involved.

When registering the adoption of father, mother, or child, all parties must be present. The consular officer shall record the adoption in the Register of Adoption of Father, Mother, or Child, and all parties shall sign the Register of Adoption of Father, Mother, or Child. The representative authority shall supplement the information of the father/mother in the original Birth Certificate of the child (if available).

In case verification is required, the processing time may be extended up to fifteen days.

4. In cases where the child is a Vietnamese citizen who has already been registered for birth at the competent authority in Vietnam, after the registration of adoption of father, mother, or child, the representative authority shall notify the authority that registered the birth of the child, attaching a copy of the Extract of the Registration of Adoption of Father, Mother, or Child for annotation in the Register of Birth Registration.

Article 10. Registration of Changes, Corrections, Additions to Household Registration, and Determination of Ethnicity

1. The authority that previously registered the household registration shall carry out the registration of changes, corrections, supplements to household registration and redetermination of ethnicity.

The representative authority that has recorded the household registration of a Vietnamese citizen in the household register at the competent authority abroad also has the authority to resolve requests for changes, corrections, additions to household registration, and determination of ethnicity.

2. The scope of changes to household registration, procedures for registering changes, corrections, additions to household registration, and determination of ethnicity shall be carried out according to the provisions of Articles 26, 28, 29, and 47 of the Household Registration Law.

3. In cases where the household register has been transferred to the Ministry of Foreign Affairs, after the registration of changes, corrections, additions to household registration, and determination of ethnicity, the representative authority shall notify the Ministry of Foreign Affairs, attaching a copy of the Extract of Changes/Corrections/Additions to Household Registration/Determination of Ethnicity for further annotation in the household register currently held by the Ministry of Foreign Affairs.

Article 11. Registration of Death

1. The representative authority in the consular district where the deceased's last place of residence was located shall carry out the registration of death for Vietnamese citizens who died abroad. In cases where the deceased's last place of residence cannot be determined, the representative authority in the consular district where the deceased died or where the body was found shall carry out the registration of death.

2. The person registering the death shall submit the Application for Death Registration (in accordance with the prescribed form) and the death certificate or other documents replacing the death certificate issued by the competent authority of the foreign country.

3. Immediately upon receiving all necessary documents, if the death registration is deemed correct, the consular officer shall record it in the Death Registration Book, and together with the person registering the death, sign the Household Register. The head of the representative authority shall issue the Death Certificate to the person registering the death.

In cases requiring verification, the processing time shall not exceed three working days.

Article 12. Recording Changes in Household Register Based on Court Rulings and Decisions of Competent Authorities in Vietnam

1. The representative authority that has registered household events of Vietnamese citizens shall record changes in the household register based on the provisions of Clause 2, Article 3 of the Household Registration Law, based on the notification attached with the extract of the court ruling or copy of the decision of the competent authority of Vietnam transferred by the Ministry of Foreign Affairs.

2. Upon receipt of the notification from the Ministry of Foreign Affairs, the consular officer shall record the content and basis for the change in the corresponding Household Register.

3. In cases where the Household Register has been transferred to the Ministry of Foreign Affairs, the Ministry of Foreign Affairs shall also record the changes in the household register and the basis for the change in the transferred Household Register.

Article 13. Re-registration of Birth, Marriage, and Death

1. The representative authority that had registered birth, death, and marriage before January 1, 2016, but where both the Household Register and original household documents have been lost, shall carry out re-registration of birth, death, and marriage upon request.

Re-registration of birth and marriage may only be carried out if the person making the request is still alive at the time of submission of the application.

2. Immediately upon receiving the request for re-registration, the consular officer shall check the Household Register and the household file retained by the representative authority.

In cases requiring verification, within two working days from the date of receiving all valid documents, the representative authority shall send a request for verification to the Ministry of Foreign Affairs. Within five working days from the date of receiving the request for verification, the Ministry of Foreign Affairs shall send the verification results to the representative authority.

In cases where there is a retained Household Register at the representative authority or the Ministry of Foreign Affairs, the representative authority shall guide the person making the request to complete the procedures for requesting a copy of the household record according to regulations.

3. The procedures for re-registering birth shall be carried out in accordance with the provisions of Article 26 of Decree No. 123/2015/NĐ-CP and Articles 9 and 10 of Circular No. 15/2015/TT-BTP.

The procedures for re-registering marriage and death shall be implemented in accordance with Articles 27 and 28 of Decree No. 123/2015/ND-CP.

Article 14. Recording Birth in the Household Register

The representative authority responsible for the consular district where the parents reside or where the child was born shall record the birth of a Vietnamese citizen who has been registered with the competent authority of a foreign country in accordance with Article 49 of the Household Registration Law in the Household Register.

Article 15. Recording marriage in Household Register

1. Conditions for recording a marriage in the Household Register of Vietnamese citizens who have been settled abroad by competent authorities of foreign countries (hereinafter referred to as recording a marriage) shall be carried out in accordance with Article 34 of Decree No. 123/2015/NĐ-CP.

2. The representative agency in the consular district where the Vietnamese citizen resides shall carry out the entry of marriage.

3. Documents for the entry of marriage include:

a) A declaration form for recording a marriage (in accordance with the prescribed model);

b) A certified copy of the marriage certificate issued by a competent authority in a foreign country.

c) If a Vietnamese citizen has divorced or annulled their marriage at a competent authority in a foreign country, they must submit a certified copy of the divorce entry.

4. The processing period for the entry of marriage is five working days from the date of receiving all documents, and if verification is required, the period does not exceed ten working days.

5. If the request to record a marriage in the Household Register meets the conditions stipulated in Article 34 of Decree No. 123/2015/NĐ-CP, the consular officer records it in the Household Register. The head of the representative office issues the original extract of the recorded marriage to the person making the request.

6. If the marriage falls under any of the cases specified in Clause 1 of Article 36 of Decree No. 123/2015/NĐ-CP, the head of the representative office refuses to record the marriage in the Household Register, notifies in writing, specifying the reasons and sends it to the person making the request.

Article 16. Recording divorce and annulment of marriage in the Household Register that have been resolved by foreign competent authorities

1. Divorce and annulment of marriage of Vietnamese citizens resolved by foreign competent authorities shall be recorded in the Household Register at the representative office if they meet the provisions of Clause 1 of Article 37 of Decree No. 123/2015/NĐ-CP.

2. The Diplomatic Mission in the consular district where Vietnamese citizens reside shall carry out the recording of divorce and annulment of marriage in the Household Registry (hereinafter referred to as "divorce note").

In case Vietnamese citizens apply for recording a divorce to proceed with a new marriage registration, the representative office where the marriage registration application is received shall carry out the recording of the divorce.

3. The divorce note dossier includes:

- A declaration form for recording a divorce (in accordance with the prescribed model);

- A copy of the judgment, decision on divorce or annulment of marriage, divorce agreement with legal effect, or other documents recognizing the divorce issued by foreign competent authorities (hereinafter referred to as divorce documents).

4. Within five working days from the date of receiving complete valid files, the consular officer checks the files. If the recorded divorce does not violate the Law on Marriage and Family of Vietnam and the divorce documents are not listed in the list of judgments, decisions on divorce or annulment of marriage issued by foreign competent authorities requested for enforcement in Vietnam or requested for non-recognition in Vietnam published on the Ministry of Justice's online portal, the consular officer records it in the Household Register. The head of the representative office issues the original extract of the recorded divorce to the person making the request.

In case verification is required, the processing time shall not exceed ten working days.

If the request for recording a divorce does not meet the stipulated conditions, the representative office refuses to record the divorce and informs the person making the request.

5. Updating Information on the Divorce Note

a) In case the previous marriage was registered at a domestic civil status registration authority, after recording the divorce, the representative office sends a notification along with a copy of the recorded divorce extract to the Ministry of Foreign Affairs to notify the previous marriage registration authority to record it in the Household Register.

b) If the previous marriage was registered at another representative office, after recording the divorce, the representative office sends a notification along with a copy of the recorded divorce extract to the previous marriage registration representative office to record it in the Household Register.

Article 17. Recording guardianship; acknowledgment of parent-child relationship; determination of parent-child relationship; adoption; death registration and other changes in household registration of Vietnamese citizens resolved by foreign competent authorities

1. The representative office in the consular district where Vietnamese citizens reside shall record guardianship; acknowledgment of parent-child relationship; determination of parent-child relationship; adoption; death registration and other changes in household registration of Vietnamese citizens resolved by foreign competent authorities (hereinafter referred to as recording other household matters).

2. The dossier for recording other household registration notes includes:

a. Declaration form (in accordance with the prescribed model);

b. A certified copy of the document proving the household registration matter has been resolved at the competent authority of a foreign country.

3. After receiving all required documents, the consular officer records them in the Household Register. The head of the representative office issues the extract of the recorded household matter registered at the foreign competent authority.

In case verification is required, the processing time for requests to record other household registration matters shall not exceed three working days.

Article 18. Issuing Extract Copies of Household Registration Records

1. The agency responsible for keeping the Household Register shall issue certified copies of household registration records upon request from individuals or authorized agencies and organizations.

In cases where individuals have registered their household registration with the Diplomatic Agency and now reside in Vietnam, the Ministry of Foreign Affairs shall issue extract copies of household registration records.

2. Upon receiving a request for an extract copy from the Household Register, the head of the Diplomatic Agency shall issue an extract copy of the household registration record to the requesting person; if the application is received after 15 hours, the result shall be delivered on the following working day.

3. The issuance of extract copies of household registration records at the Ministry of Foreign Affairs shall be carried out in accordance with the provisions of Clause 2 of this Article.

In cases where the Ministry of Foreign Affairs has not yet received the Household Register from the Diplomatic Agency for storage, upon receipt of the application, the Ministry of Foreign Affairs shall request the Diplomatic Agency to provide information. The Diplomatic Agency shall be responsible for replying to the Ministry of Foreign Affairs within three working days from the date of receiving the verification request. Within three working days from the date of receiving the reply from the Diplomatic Agency, the Ministry of Foreign Affairs shall issue an extract copy to the requesting person.

Article 19. Issuing Marriage Status Certificates

1. The Consular Office in the area where Vietnamese citizens reside shall issue Marriage Status Certificates for Vietnamese citizens for the purpose of marriage or other purposes.

2. The person requesting a Marriage Status Certificate must submit the following documents:

a) A Marriage Status Certificate application form (as prescribed);

b) If the applicant has been married but has divorced, they must submit a certified copy of the divorce decree that has legal effect; if the spouse has died, they must submit a certified copy of the Death Certificate or other proof of death.

If the case falls under the provisions of Clause 1 of Article 17 of this Circular, a certified copy of the divorce annotation must be submitted.

c) In cases where the certificate of marital status is requested for registering marriage at an authorized foreign agency, the following additional documents must be submitted:

- A Marriage Status Certificate issued by the People's Committee of the commune where the person resided before departure, if the Vietnamese citizen was of marriageable age according to the Vietnamese Law on Marriage and Family before departure; if the Vietnamese citizen had registered for marriage before departure but divorced or the spouse died after leaving the country, it shall be handled according to Point b of Clause 2 of this Article.

- A Marriage Status Certificate issued by the Consular Office in the area where the Vietnamese citizen previously resided, if the Vietnamese citizen has lived in multiple places. In cases where confirmation of marital status cannot be obtained from previous places of residence, the person must submit a declaration regarding their marital status during their stay in those places and bear legal responsibility for the contents declared.

3. In cases where a Marriage Status Certificate is requested for the purpose of marriage, the applicant must meet the marriage conditions stipulated by the Vietnamese Law on Marriage and Family.

4. Within three working days from the date of receiving complete and valid applications, consular officers shall check the marital status of the applicant based on the Household Register and files stored at the Consular Office. If the conditions are met and the request for a Marriage Status Certificate complies with the law, the information shall be recorded in the Marriage Status Certificate Register, and one copy of the Marriage Status Certificate shall be issued to the applicant.

In cases where a Marriage Status Certificate is requested for purposes other than marriage, the number of Marriage Status Certificates issued shall be determined according to the applicant's request.

5. The content of the Marriage Status Certificate shall be recorded in accordance with the guidelines set forth in Article 25 of Circular No. 15/2015/TT-BTP.

In cases where a Marriage Status Certificate is requested for marriage at a foreign authority, the Consular Office shall confirm the marital status of the applicant up to the date of issuing the certificate.

In cases where a Marriage Status Certificate is requested for marriage in Vietnam or for other purposes, based on the status of the file and the applicant's request, the Consular Office shall issue a Marriage Status Certificate up to the date of issuance or within a specified period.

Chapter III

MANAGEMENT OF HOUSEHOLD REGISTERS, HOUSEHOLD DOCUMENTS, REPORTS, AND STATISTICS ON HOUSEHOLDS

Article 20. Management and use of Household Registration Books and household registration documents

The recording of Household Registration Books and household registration documents; the management and use of Household Registration Books shall be carried out in accordance with the provisions of Section 2 Chapter II of Decree No. 123/2015/NĐ-CP, Circular No. 15/2015/TT-BTP, and the following guidelines:

- The Household Registration Book is locked on December 31 each year. In cases where the Household Registration Book still has many pages remaining, after locking the book, the Diplomatic Mission continues to use the Household Registration Book for the following year. The serial number for the following year is reset from the beginning.

- After locking the Household Registration Book, the Diplomatic Mission is responsible for sending a certified copy to the Ministry of Foreign Affairs.

Article 21. Archiving of household registration files

Household registration files must be numbered correspondingly with the registration number in the Household Registration Book, arranged in order, and stored and preserved at the representative office in accordance with the law on archiving.

Article 22. Reporting and statistics of household registration data

1. The Diplomatic Mission is responsible for submitting reports on the situation of household registration and statistical data on household registration to the Ministry of Foreign Affairs for consolidation and submission to the Ministry of Justice.

2. By no later than March 1 each year, the Diplomatic Mission is responsible for submitting reports on the situation of household registration and statistical data on household registration of the previous year to the Ministry of Foreign Affairs for consolidation and submission to the Ministry of Justice.

The Ministry of Foreign Affairs is responsible for submitting consolidated reports and statistical data on household registration at Diplomatic Missions to the Ministry of Justice before March 15.

3. Attached to this Circular are the statistical forms of Diplomatic Missions and the consolidated statistical forms sent to the Ministry of Justice by the Ministry of Foreign Affairs.

Chapter IV

IMPLEMENTATION

Article 23. Effectiveness of Implementation

1. This Circular takes effect from August 15, 2016.

2. This Circular replaces the following legal normative documents:

a) Joint Circular No. 11/2008/TTLT-BTP-BNG dated December 31, 2008 of the Ministry of Justice and the Ministry of Foreign Affairs guiding the implementation of the provisions of Decree No. 158/2005/NĐ-CP dated December 27, 2005 of the Government on household registration and management of household registration at Diplomatic Missions and Consular Offices of Vietnam abroad;

b) Joint Circular No. 06/2012/TTLT-BTP-BNG dated June 19, 2012 amending and supplementing certain provisions of Joint Circular No. 11/2008/TTLT-BTP-BNG dated December 31, 2008 of the Ministry of Justice and the Ministry of Foreign Affairs guiding the implementation of the provisions of Decree No. 158/2005/NĐ-CP dated December 27, 2005 of the Government on household registration and management of household registration at Diplomatic Missions and Consular Offices of Vietnam abroad.

2. During the implementation process, if there are difficulties or new matters arise, the Diplomatic Missions promptly reflect them to the Ministry of Foreign Affairs so that the Ministry of Foreign Affairs can coordinate with the Ministry of Justice to provide timely guidance./.