Circular No. 04/2020/TT-BTP detailing the implementation of certain provisions of the Household Registration Law and Decree No. 123/2015/NĐ-CP dated November 15, 2015 of the Government detailing certain provisions and measures to implement the Household Registration Law.

CIRCULAR

Detailed regulations on implementation of certain provisions of the Household Registration Law and Decree No. 123/2015/NĐ-CP dated November 15, 2015 of the Government detailing certain provisions and measures to implement the Household Registration Law.
detailing certain provisions and measures to implement the Household Registration Law.

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

Pursuant to Decree No. 123/2015/NĐ-CP dated November 15, 2015 of the Government detailing certain provisions and measures to implement the Household Registration Law;

Pursuant to Decree No. 96/2017/NĐ-CP dated August 16, 2017, issued by the Government on the functions, tasks, powers, and organizational structure of the Ministry of Justice;

At the proposal of the Director of the Department of Household Registration, Nationality, and Notarization;

The Minister of Justice issues this Circular detailing the implementation of certain provisions of the Household Registration Law and Decree No. 123/2015/NĐ-CP dated November 15, 2015 of the Government detailing certain provisions and measures to implement the Household Registration Law.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular details certain provisions of the Household Registration Law and Decree No. 123/2015/NĐ-CP dated November 15, 2015 of the Government detailing certain provisions and measures to implement the Household Registration Law (hereinafter referred to as Decree No. 123/2015/NĐ-CP) regarding the delegation of household registration; the acceptance of registration files and issuance of results for household registration; procedures and formalities for registering birth, marriage, death, acknowledgment of parentage, and other household matters; mobile registration of birth, marriage, and death; issuance, guidance on use, and management of Household Registers and household registration documents.

Article 2. Delegation of household registration

1. A person requesting a copy of the household registration extract, a Certificate of Marital Status, or requesting the registration of household matters as stipulated in Article 3 of the Household Registration Law (hereinafter referred to as the request for household registration) may delegate another person to perform these actions on their behalf; except in cases of marriage registration, re-registration of marriage, and acknowledgment of parentage, which cannot be delegated to another person, but one party may directly submit the application at the competent household registration authority without requiring a power of attorney from the other party.

The delegation must be documented in writing and certified according to the law. In cases where the person being delegated is the grandparent, parent, child, spouse, brother, sister, or half-brother, half-sister of the delegator, the power of attorney does not need to be certified.

2. In cases where a person registers the birth of a child as the grandparent, relative, or other person as stipulated in Clause 1, Article 15 of the Household Registration Law, they do not need a power of attorney from the child's parents, but must reach an agreement with the parents about the contents of the birth registration.

1. The person accepting the file has the responsibility to check the entire file; if the file is incomplete or insufficient, they must immediately guide the person submitting the file to supplement and complete it according to the regulations.

If the file cannot be supplemented or completed immediately, the person accepting the file must prepare a written guide, specifying the type of document, the content that needs to be supplemented or completed, signed, and clearly stating their name.

3. A person requesting household registration may submit a certified copy from the original or a copy issued from the original book (hereinafter referred to as a copy) or a photograph along with the original document for comparison. In cases where a person requests a photograph along with the original document, the person accepting the file must verify and compare the photograph with the original and sign to confirm, without requiring submission of a certified copy of the document. For documents presented when registering household matters, the person accepting the file must verify and compare them with the information in the declaration form, take a photograph or record the information to keep in the file, and return the document to the presenter, without requiring submission of a certified copy or photograph of the document.

4. When issuing the result of household registration, the person issuing the result has the responsibility to guide the person requesting household registration to check the content of the household registration document and the Household Register.

If the person requesting household registration finds the content correct and consistent with the household registration file, they must sign and clearly state their name in the Household Register according to the guidance of the person issuing the result.

5. When issuing the result of marriage registration, re-marriage registration, both male and female parties must be present; when issuing the result of acknowledgment of parentage, both the party acknowledging and the party acknowledged as parent must be present.

Article 4. Resolution of registration requests for household records when no verification results are received

In cases where household record registration requires verification as stipulated in Clause 4, Article 22, Clause 2, Article 26, Clause 2, Article 27 of Decree No. 123/2015/NĐ-CP and Clause 4, Article 9, Clause 1, Article 12 of this Circular, if no response is received within twenty days from the date of sending the verification request letter, the household registration authority shall continue to process the file according to regulations. For cases involving verification of marital status, the person requesting issuance of a Certificate of Marital Status may provide a declaration regarding their marital status as prescribed in Article 5 of this Circular.

Article 5. Liability and consequences of false declarations

1. When allowing the person requesting household registration to establish a declaration regarding the content of the registration request, the household registration authority must clearly explain to the declarant about the liability and legal consequences of making a false declaration.

2. The household registration authority shall refuse to resolve or propose the competent authority to revoke the registration result if there is evidence that the content of the declaration is not true.

Chapter II
GUIDELINES FOR REGISTRATION OF CERTAIN HOUSEHOLD RECORDS

Section 1
BIRTH REGISTRATION

Article 6. Content of Birth Registration

The content of birth registration is determined in accordance with Clause 1, Article 14 of the Household Registration Law, Clause 1, Article 4 of Decree No. 123/2015/NĐ-CP, and the following guidelines:

1. Determining the surname, ethnicity, and naming of children must comply with the law and the requirement to preserve national identity, good customs, and cultural traditions of Vietnam; names should not be excessively long or difficult to use.

2. If parents cannot agree on the surname, ethnicity, and place of origin of the child at the time of birth registration, these details shall be determined according to custom but must ensure they follow the surname, ethnicity, and place of origin of either the father or mother.

Article 7. Registration of Births with Foreign Elements

1. The procedure for registering births for children born abroad, with one or both parents being Vietnamese citizens who have not been registered for birth abroad and reside in Vietnam, shall be carried out in accordance with Article 29 of Decree No. 123/2015/NĐ-CP and the following guidelines:

a) Documents proving the child's lawful entry and residence in Vietnam as stipulated in Clause 2, Article 29 of Decree No. 123/2015/NĐ-CP include: documents proving the child's lawful entry into Vietnam (such as passport, international travel documents with entry stamps from immigration authorities) and a confirmation letter from the competent police authority regarding the child's residence in Vietnam.

b) Determination of Vietnamese nationality for the child during birth registration shall be carried out in accordance with Vietnamese laws on nationality.

2. If parents choose foreign nationality for the child during birth registration, in addition to the agreement on nationality selection, there must also be confirmation from the competent authority of the country where the child will hold nationality regarding compliance with that country's legal provisions. If the foreign authority does not confirm, the household registration authority shall still register the birth, but leave the nationality section blank in the Birth Registration Certificate and Birth Registration Book.

Article 8. Registration of birth for individuals with personal files and documents

2. The People's Committee of the district where the place of residence was located prior to departure shall carry out the registration of birth for Vietnamese citizens residing abroad who have not registered their birth if they have personal files and documents as prescribed in Clause 1 of this Article, including information on the place of birth in Vietnam.

3. The dossier for registering birth for cases specified in Clauses 1 and 2 of this Article includes: Birth registration form, declaration regarding non-registration of birth; documents as stipulated at points b and c, Clause 1, Article 26 of Decree No. 123/2015/NĐ-CP.

The procedures for handling and contents of birth registration shall be carried out according to the provisions of Clauses 2, 3, and 5, Article 26 of Decree No. 123/2015/NĐ-CP and the provisions of Clauses 3 and 4, Articles 9 and 10 of this Circular.

Article 9. Documents and materials serving as the basis for re-registering birth

Documents and materials serving as the basis for re-registering birth as prescribed in point b, Clause 1, Article 26 of Decree No. 123/2015/NĐ-CP include:

1. A certified copy of the Birth Certificate issued by a competent authority in Vietnam.

2. Originals or certified copies of documents that can replace the Birth Certificate issued before 1945 in the North and before 1975 in the South.

3. In cases where the person requesting re-registration of birth does not have the documents prescribed in Clauses 1 and 2 of this Article, valid documents issued by competent authorities in Vietnam below serve as the basis for determining the content of re-registering birth:

a) Identity Card, Citizen Identification Card or Passport;

c) Graduation Certificates, Certificates, Diplomas, School Records, academic files issued or confirmed by competent authorities;

d) Other documents containing information about the individual's surname, name, date of birth.

The person requesting re-registration of birth is responsible for submitting full certified copies of the above documents (if available) and declaring that all documents they possess have been submitted; they bear responsibility and consequences for false declarations according to Article 5 of this Circular.

4. In cases where the documents of the person requesting re-registration of birth do not contain information proving the relationship between parent and child, the civil status registration office shall issue a request to the competent police authority to verify.

If the police authority responds that there is no information, the civil status registration office shall require the person requesting re-registration of birth to make a declaration regarding the information about parents as prescribed in Articles 4 and 5 of this Circular and determine the content of birth registration based on the declaration.

Article 10. Determination of the content of re-registering birth

1. In cases where the person requesting re-registration of birth has documents as prescribed in Clause 4, Article 26 of Decree No. 123/2015/NĐ-CP and Clause 1, Clause 2 of Article 9 of this Circular, the content of re-registering birth shall be determined based on those documents.

2. At the time of re-registering birth, if the information about parents and the individual themselves differs from the content of the documents in Clause 1 of this Article, the person must present valid documents proving the change. If the changed information complies with the law, the content of re-registering birth shall be determined based on the changed information; the previous information will be recorded on the back of the Birth Certificate and in the "Notes" section of the Birth Registration Book.

In cases where the parents of the person requesting re-registration of birth have died, the "Place of Residence" section in the Birth Registration Book and Birth Certificate shall state: "Deceased."

In cases where administrative place names have changed compared to the place names recorded in previously issued documents, the current administrative place name shall be recorded; the previous administrative place name shall be recorded on the back of the Birth Certificate and in the "Notes" section of the Birth Registration Book.

Section 2
REGISTRATION OF MARRIAGE AND ISSUANCE OF CERTIFICATE OF MARRIAGE STATUS

Article 11. Registration of International Marriages

1. The verification process in the marriage registration procedure as stipulated in Clause 2, Article 38 of the Household Registration Law and Clause 1, Article 31 of Decree No. 123/2015/NĐ-CP shall be carried out as follows:

Within ten working days from the date of receiving complete valid files, the Legal Affairs Office shall be responsible for studying and examining the marriage registration file. In cases where there are complaints or reports that the marriage does not meet the conditions for marriage as prescribed by the Marriage and Family Law, or if it is deemed necessary to clarify issues related to the personal status of either party or the documents in the marriage registration file, the Legal Affairs Office shall cooperate with relevant agencies to verify and clarify.

During the examination and verification process, if necessary, the Legal Affairs Office shall directly interview the parties to clarify their personal status, voluntary intention to marry, and purpose of marriage.

2. In cases where Vietnamese citizens have been issued residence permits by competent authorities abroad and wish to marry each other or marry Vietnamese citizens residing within the country, the authority to register the marriage shall belong to the People's Committee at the district level as provided for in Article 37 of the Household Registration Law.

3. Documents proving the marital status of foreign nationals shall be issued by the competent authority of the country of which they are citizens.

Article 12. Issuance of Certificate of Marital Status

The issuance of the Certificate of Marital Status shall be carried out in accordance with Articles 21, 22, and 23 of Decree No. 123/2015/NĐ-CP and the following guidelines:

1. In cases where a person requests to reissue a Certificate of Marital Status for marriage but cannot return the previously issued Certificate of Marital Status, the applicant must clearly state the reasons for being unable to return the Certificate of Marital Status. Within three working days from the date of receiving the application, the household registration office shall exchange letters with the previous intended place of marriage registration to verify. If verification is not possible or no results are received, the household registration office shall allow the applicant to make a declaration regarding their marital status according to Articles 4 and 5 of this Circular.

2. The Certificate of Marital Status is valid until the time of change in marital status or six months from the date of issuance, whichever comes first.

Example: The Certificate of Marital Status was issued on February 3, 2020, but on February 10, 2020, the person who obtained the Certificate of Marital Status registered for marriage, then the Certificate of Marital Status is only valid until February 10, 2020.

3. In cases where a Certificate of Marital Status is requested for use in marriage purposes, the household registration office shall issue only one copy to the applicant. The Certificate of Marital Status must clearly state the full name, year of birth, nationality, identity documents of the intended spouse, and the intended place of marriage registration.

Example: This certificate is issued for the purpose of registering for marriage with Mr. Nguyen Viet K, born in 1962, a Vietnamese citizen, Passport number: B123456 issued by the Embassy of Vietnam in the Federal Republic of Germany on February 1, 2020; at the People's Committee of Hoai Duc District, Hanoi City.

This certificate is issued for the purpose of registering for marriage with Mr. KIM JONG DOEK, born in 1970, a South Korean national, Passport number HQ12345 issued by the competent authority of South Korea on February 2, 2020; at the competent authority of South Korea, in South Korea.

4. In cases where a Certificate of Marital Status is requested for use for purposes other than marriage registration, the applicant does not need to meet the marriage conditions; the Certificate of Marital Status must clearly state the purpose of use and shall not be valid for marriage registration purposes. The number of Certificates of Marital Status issued shall be based on the request.

Example: This certificate is issued for the purpose of purchasing a house and is not valid for marriage registration purposes.

5. In cases where a Certificate of Marital Status is requested for marriage with a person of the same gender or for marriage with a foreigner at a foreign diplomatic mission in Vietnam, the household registration office shall refuse to process the request.

||| Section 3
REGISTRATION OF DEATH, ADOPTION OF PARENTS AND CHILDREN

Article 13. Death Registration

The death registration shall be carried out in accordance with the provisions of Section 7 Chapter II of the Household Registration Law and the following guidelines:

1. In cases where death registration is requested for a person who died long ago without a Death Certificate or substitute document for the Death Certificate as prescribed in Clause 2 Article 4 of Decree No. 123/2015/NĐ-CP, the person requesting the death registration must provide valid documents, materials, and evidence issued or confirmed by competent authorities to prove the death event.

2. If the person requesting the death registration does not have documents, materials, or evidence as prescribed in Clause 1 of this Article or if such documents, materials, or evidence are invalid and do not ensure evidentiary value, the household registration authority will refuse to register the death.

Article 14. Evidence to Prove Parent-Child Relationship

Evidence to prove parent-child relationship as prescribed in Clause 1 Article 25 and Clause 1 Article 44 of the Household Registration Law includes one of the following documents or materials:

1. A document from a health agency, forensic agency, or other competent authority in Vietnam or abroad confirming the father-child relationship or mother-child relationship.

2. In cases where there is no evidence to prove the parent-child relationship as prescribed in Clause 1 of this Article, the parties recognizing the parent-child relationship shall establish a declaration document on the parent-child relationship in accordance with Article 5 of this Circular, with at least two witnesses attesting to the parent-child relationship.

Article 15. Combined Processing of Birth Registration and Parent-Child Recognition

1. When registering birth for a child and there is a request to recognize the parent-child relationship, the People's Committee of the commune where the father or mother resides shall combine the processing of birth registration procedures and parent-child recognition procedures.

In cases where birth registration is combined with parent-child recognition and one party making the request is a foreigner or a Vietnamese citizen residing abroad, the authority belongs to the People's Committee of the district where the father or mother is a Vietnamese citizen resides.

2. The dossier for combined birth registration and parent-child recognition includes:

a) The birth registration form and parent-child recognition form according to the prescribed model;

b) The birth certificate or substitute document for the birth certificate as prescribed in Clause 1 Article 16 of the Household Registration Law;

c) Evidence proving the parent-child relationship as prescribed in Article 14 of this Circular.

3. The procedure and process for combined birth registration and parent-child recognition shall be implemented in accordance with the provisions of Clause 1 and Clause 2 Article 16 and Article 25 of the Household Registration Law when under the authority of the commune People's Committee; and in accordance with the provisions of Clause 1 and Clause 2 Article 36 and Article 44 of the Household Registration Law when under the authority of the district People's Committee.

The content of birth registration is determined in accordance with the provisions of Clause 1 Article 4 of Decree No. 123/2015/NĐ-CP and Article 6 of this Circular. The birth certificate and the extract of parent-child recognition shall be issued simultaneously to the requester.

Article 16. Parent-Child Recognition and Supplementing Household Registration in Certain Special Cases

1. In cases where a man and woman live together as husband and wife without registering marriage and have a child, and the child lives with the father, when the father processes the recognition of the child and cannot contact the mother, the opinion of the mother is not required in the parent-child recognition form.

If there is a birth certificate and identity document of the mother, the information about the mother shall be recorded according to the birth certificate and identity document of the mother. If there is no birth certificate and identity document of the mother, it shall be recorded according to the information provided by the father; the father bears responsibility for the information he provides.

2. In cases where a child born before the marriage registration date has been registered for birth but has no information about the father, and now the couple acknowledges the child as their common child through a written acknowledgment, they do not need to go through the parent-child recognition procedure but only need to supplement the household registration to record the father's information in the birth registration book and birth certificate of the child.

3. In cases where a child born before the marriage registration date has not been registered for birth, and when registering the birth, the couple acknowledges the child as their common child through a written acknowledgment, the father's information shall be immediately recorded in the child's birth certificate without needing to go through the parent-child recognition procedure.

The responsibilities and legal consequences of providing incorrect information about the mother and establishing a written acknowledgment of a common child as prescribed in Clauses 1, 2, and 3 of this Article are regulated in Article 5 of this Circular.

4. In cases where a child is born or conceived during the marriage period but the wife or husband does not acknowledge the child as a common child or another person wishes to recognize the child, the matter shall be determined by the People's Court in accordance with the law.

In cases where the People's Court refuses to handle the matter, the household registration authority shall accept and process the request for birth registration for children whose father is not identified or parent-child recognition, the dossier must include a refusal decision from the People's Court and evidence proving the father-child relationship as prescribed in Clause 1 Article 14 of this Circular.

SECTION 4
AMENDMENT, CORRECTION, AND SUPPLEMENTATION OF HOUSEHOLD REGISTRATION INFORMATION

Article 17. Correction of Household Registration

1. The correction of household registration shall only be resolved after determining that there is an error in the registration of household registration; it shall not correct the content on validly issued household registration documents to legitimize information on other personal files or documents.

2. Errors in household registration are errors made by the person registering for household registration or errors made by the authority registering household registration.

3. The correction of the content of death registration falls within the jurisdiction of the authority that registered the death, upon the request of the responsible party for death registration as stipulated in Article 33 of the Household Registration Law.

Article 18. Supplementing Household Registration Information

1. Household registration documents specified in Clause 2, Article 75 of the Household Registration Law have validity for use without needing to supplement missing household registration information compared to the current household registration form.

Requests to supplement Vietnamese nationality shall only be implemented for household registration documents issued from January 1, 2016 onwards, after confirming that the requester has Vietnamese nationality according to the provisions of the Vietnamese Nationality Law.

3. In cases where individuals were registered for birth before January 1, 2016 but their Birth Certificate or Birth Registration Book does not record the date and month of birth, they may supplement the date and month of birth based on the Birth Certificate or a confirmation document from the healthcare facility where the individual was born.

In cases where there is no Birth Certificate or confirmation document from a healthcare facility, the date and month of birth shall be determined as follows:

a) For individuals with personal files and documents consistently recording the date and month of birth, the date and month of birth shall be determined according to those records.

If the date and month of birth in personal files and documents are inconsistent, the date and month of birth shall be determined according to the first issued or confirmed document.

b) For individuals without personal files or documents, or whose personal files and documents do not contain the date and month of birth, the requester may declare the date and month of birth according to the provisions of this Circular.

c) In cases where the date and month of birth cannot be determined according to the guidance at points a and b of this clause, the date and month of birth shall be January 1 of the year of birth; if the month of birth can be determined but not the day of birth, the day of birth shall be the first day of the month of birth.

4. In cases where the authority implementing the supplementation of household registration information is not the previous household registration authority, after resolving the issue, a written notification along with a copy of the household registration extract must be sent to the previous household registration authority to record in the Household Register; if the previous household registration authority is a diplomatic mission, the notification must be sent to the Ministry of Foreign Affairs.

Article 19. Amendment and Supplementation of Household Registration Information for Adopted Children

1. After being granted adoption, upon the request of the adoptive parents, the People's Committee of the place where the birth was previously registered or the place of residence of the adopted child shall implement changes to the household registration according to Articles 26, 27, 28, and 46 of the Household Registration Law.

2. In cases where the adopted child is an abandoned child or a child whose parents are unknown, upon the request of the adoptive parents, the People's Committee of the place where the birth was previously registered or the place of residence of the adopted child shall supplement the information of the adoptive parents in the section regarding parents in the Birth Certificate and Birth Registration Book; the Note section of the Birth Registration Book must clearly state "adoptive parents."

3. In cases where a stepchild is adopted by a stepparent, if the Birth Certificate and Birth Registration Book still have blank sections regarding the father or mother, the People's Committee of the place where the birth was previously registered or the place of residence of the adopted child shall supplement the information about the stepparent in the section regarding parents in the Birth Certificate and Birth Registration Book; the Note section of the Birth Registration Book must clearly state "stepparent" or "stepmother."

If the Birth Certificate and Birth Registration Book already contain sections regarding both the father and mother, upon the request of the adoptive parent, the People's Committee of the place where the birth was previously registered or the place of residence of the adopted child shall change the section regarding the stepparent in the Birth Certificate and Birth Registration Book; the Note section of the Birth Registration Book must clearly state "stepparent" or "stepmother."

Article 20. Changing, correcting, supplementing household registration information, and re-determining ethnicity in certain special cases

1. In cases where changing, correcting, supplementing household registration information, or re-determining ethnicity was previously registered at the Department of Justice, the authority to resolve such matters shall be determined as follows:

a) Where the person requesting is a Vietnamese citizen residing abroad, the People's Committee of the district where they resided before leaving the country shall carry out the change, correction, supplementation of household registration information, and re-determination of ethnicity;

b) Where the person requesting is a foreigner residing in Vietnam, the People's Committee of the district where that person resides shall carry out the correction and supplementation of household registration information;

c) Where the person requesting is a foreigner not residing in Vietnam, the People's Committee of the district where the Department of Justice previously registered the household registration matter shall carry out the correction and supplementation of household registration information. After completing the change, correction, supplementation of household registration information, and re-determination of ethnicity, the People's Committee of the district shall send a notification along with a copy of the household registration extract to the Department of Justice for annotation in the Household Register in accordance with regulations.

2. In cases where changing, correcting, supplementing household registration information, or re-determining ethnicity but the person requesting does not have the original household registration document or the registration agency no longer retains the Household Register, the registration agency shall still accept and resolve the matter in accordance with regulations.

After issuing the Extract for changing, correcting, supplementing household registration information, and re-determining ethnicity to the person requesting, the civil servant responsible for household registration shall record the content of the change, correction, supplementation of household registration information, and re-determination of ethnicity in the Notes section of the Household Register or on the back of the original household registration document in accordance with regulations.

Section 5
RECORDING IN THE HOUSEHOLD REGISTER MATTERS OF CHANGING HOUSEHOLD REGISTRATION ACCORDING TO COURT JUDGMENTS AND DECISIONS OF AUTHORISED STATE AGENCIES; RECORDING IN THE HOUSEHOLD REGISTER MATTERS OF HOUSEHOLD REGISTRATION OF VIETNAMESE CITIZENS SOLVED AT FOREIGN AUTHORISED AUTHORITIES; ISSUING COPIES OF EXTRACTS FROM THE HOUSEHOLD REGISTER

Article 21. Recording in the Household Register matters of changing household registration according to court judgments and decisions of authorised state agencies

1. The household registration agency, upon receiving a notification accompanied by an extract of the judgment or a copy of the decision related to the change of household registration information of an individual, shall record the change of household registration in the register in accordance with Clause 1 of Article 30 of the Household Registration Law; if the Household Register has been transferred to a higher-level household management agency, it shall send a notification accompanied by a copy of the judgment extract or a copy of the decision to the agency currently storing the Household Register for further recording in the Household Register.

2. In cases where the household registration agency has not yet received a notification accompanied by an extract of the judgment or a copy of the decision, but the person whose household registration information has changed provides a valid extract of the judgment or a copy of the decision that has taken legal effect, the household registration agency shall also record in the Household Register in accordance with Clause 1 of this Article, while noting the content of the change on the back of the original household registration document. If the agency making the note is not the previous household registration agency, it shall note the content of the change on the back of the original household registration document, and simultaneously send a copy of the judgment extract or a copy of the decision to the previous household registration agency for recording in the Household Register.

Article 22. Recording in the Household Register matters of household registration of Vietnamese citizens solved at authorised authorities of foreign countries

1. Vietnamese citizens born abroad who have been registered for birth at authorised authorities of foreign countries, if they request the recording of their birth in the Household Register, the household registration agency shall carry out the recording in the Household Register, issue an Extract recording the birth in the Household Register, and provide a copy of the Birth Certificate to the person requesting.

2. In cases where Vietnamese citizens who do not permanently reside in Vietnam request the recording of their divorce in the Household Register to facilitate the procedure for registering a new marriage at authorised Vietnamese authorities, this shall be carried out at the People's Committee of the district where the previous marriage was registered or where the new marriage will be registered.

Article 23. Issuing Copies of Extracts from Household Registration Records

1. The agency responsible for registering and managing household registration records that retains the Household Registration Book or manages the Electronic Household Registration Database has the authority to issue copies of extracts from household registration records. The contents of the copy of the extract from the household registration record must be recorded accurately according to the information in the Household Registration Book or the Electronic Household Registration Database. If there is no information in the Household Registration Book or the Electronic Household Registration Database to fill in the current model of the copy of the extract from the household registration record, it shall be left blank.

2. In cases where the previous Household Registration Book recorded age, the household registration agency shall determine the corresponding year of birth and record it in the Remarks section of the Household Registration Book, then issue a copy of the extract from the household registration record.

Example: If the Birth Registration Book from 1975 recorded the father's age as 25 years old and the mother's age as 23 years old, the father's year of birth would be determined as 1950 and the mother's year of birth as 1952.

3. In cases where personal information has been changed, corrected, or supplemented in the household registration record, re-determined ethnic group, or recorded changes in the household registration based on court judgments or decisions of competent state agencies, or recorded the resolution of Vietnamese citizens' household registration matters at foreign competent authorities, the information in the copy of the Birth Registration Certificate or the copy of the extract from the household registration record will reflect the updated information as recorded in the Remarks section of the Household Registration Book.

In cases where a request is made to issue a copy of the Marriage Registration Extract and the Marriage Registration Book already contains a note regarding changes to the household registration based on a divorce judgment or decision that has taken legal effect, or a note regarding a divorce resolved at a foreign competent authority, the Remarks section in the copy of the Marriage Registration Extract shall clearly state: Divorced pursuant to Judgment/Decision number... dated... month... year... of the Court...

Section 6
REGISTRATION OF BIRTHS, DEATHS, AND MARRIAGES ON THE MOVE

Article 24. Cases of Registration of Births, Deaths, and Marriages on the Move

1. In cases where children are born and their parents have disabilities, illness, or are unable to register the birth due to being detained, temporarily held, or serving a prison sentence without grandparents or other relatives who can register the birth, the People's Committee of the commune shall conduct mobile birth registration.

In cases where a person dies and there are no relatives, relatives do not live in the same commune, or the deceased is elderly, weak, or disabled and cannot register the death, the People's Committee of the commune shall conduct mobile death registration.

In cases where both parties reside within the same commune and one or both parties are disabled or ill and unable to register the marriage, the People's Committee of the commune shall conduct mobile marriage registration.

2. In addition to the cases stipulated in Clause 1 of this Article, based on the actual conditions of the locality, the People's Committee of the commune decides to organize mobile registration of births, deaths, and marriages.

3. The People's Committee of the commune is responsible for arranging time, funding, and personnel to implement mobile household registration in accordance with Clause 1 and Clause 2 of this Article in a suitable manner to ensure that all events of birth, death, and marriage of citizens are fully registered.

Article 25. Procedures for Mobile Registration of Births and Deaths

1. The commune-level judicial officer - household registration staff assigned the task of mobile birth and death registration shall prepare all types of application forms, household registration documents, and necessary conditions to facilitate registration at private residences or designated registration sites, ensuring convenience for the public. At the mobile registration site, the judicial officer - household registration staff shall guide the applicant to complete all information in the application form; check the documents required for birth and death registration in accordance with the Law on Household Registration, Decree No. 123/2015/ND-CP, and this Circular; write the Receipt for the Application. The deadline for issuing results of mobile birth and death registration shall not exceed five working days from the date of receipt.

2. Within two working days from the date of receipt of the application as stipulated in Clause 1 of this Article, the judicial officer - household registration staff shall submit the household registration documents to the Chairman of the People's Committee of the commune for signature and record the registration content in the corresponding Household Registration Book.

3. Within five working days as stipulated in Clause 1 of this Article, the judicial officer - household registration staff shall bring the household registration documents and the Household Registration Book to deliver the results to the applicant at the mobile registration site; guide the public to sign and clearly write their full name in the Household Registration Book in accordance with regulations; in the Remarks section of the Household Registration Book, clearly state "Mobile Registration."

4. In cases where the applicant does not know how to read or write, the judicial officer - household registration staff shall directly fill out the application form, then read the content back to the applicant and guide them to affix their fingerprint on the application form. When delivering the results of the household registration, the judicial officer - household registration staff shall read the content of the household registration documents aloud to the applicant and guide them to affix their fingerprint in the Household Registration Book.

This provision also applies to the procedures for mobile marriage registration as stipulated in Article 26 of this Circular.

Article 26. Mobile Marriage Registration Procedures

1. The judicial officer - civil status registrar at the commune assigned to perform mobile marriage registration shall be responsible for preparing all necessary forms, civil status documents, and conditions required for the implementation of mobile registration. At the mobile registration location, the judicial officer - civil status registrar shall be responsible for checking and verifying the marriage conditions of both parties; guiding citizens to fill out the full information on the marriage registration form; writing the Receipt of Application File. The deadline for issuing the result of mobile marriage registration shall not exceed five working days from the date of receipt.

2. Within the five-day period stipulated in Clause 1 of this Article, if it is found that both parties meet the marriage conditions as prescribed by the Law on Marriage and Family, the judicial officer - civil status registrar shall submit the application to the Chairman of the People's Committee of the commune for signing the Certificate of Marriage, then proceed to hand over the Certificate of Marriage to both parties at the mobile registration location.

Chapter III
MODEL OF CIVIL STATUS DOCUMENTS AND GUIDELINES FOR MANAGEMENT AND USE OF CIVIL STATUS DOCUMENTS

Section 1 MODEL OF CIVIL STATUS DOCUMENTS AND REGISTERS

Article 27. Model of Civil Status Documents and Registers

a) Two Register models (Annex I);

a) List of civil status documents printed and issued by the Ministry of Justice (Annex 1);

b) List of civil status registers printed and issued by the Ministry of Justice (Annex 2);

c) List of civil status documents published on the Ministry of Justice’s electronic portal, which can be printed and used by the civil status registration authority (Annex 3);

d) List of civil status registers published on the Ministry of Justice’s electronic portal, which can be printed and used by the civil status registration authority (Annex 4);

đ) List of civil status registration forms published on the Ministry of Justice’s electronic portal, which can be printed and used by the civil status registration authority and citizens (Annex 5);

2. Standards regarding size, color, and technical details of model civil status documents and registers are described specifically in the annexes accompanying this Circular.

Article 28. Authority to Print and Issue Model Civil Status Documents and Registers

1. The Ministry of Justice shall print and issue original and copy Birth Certificates, original Marriage Certificates, Birth Registration Books, Marriage Registration Books, Death Registration Books according to the list specified in points a and b of Clause 1 of Article 27 of this Circular.

Provincial Departments of Justice shall contact the Ministry of Justice to obtain model civil status documents and registers and shall be responsible if the local civil status registration authority uses model civil status documents and registers not issued by the Ministry of Justice.

2. In cases where the civil status registration authority has already used a common civil status registration and management software, they will be provided with original and copy Birth Certificate blanks (original and copy), original Marriage Certificate blanks according to the list specified in point a of Clause 1 of Article 27 of this Circular for use.

3. Model Extracts of Civil Status (original and copy) are issued according to the list specified in point c of Clause 1 of Article 27 of this Circular; model civil status registration forms are issued according to the list specified in point đ of Clause 1 of Article 27 of this Circular and are published on the Ministry of Justice’s electronic portal (at the address: www.moj.gov.vn), the civil status registration authority may access and print for use.

Citizens requesting civil status registration may access the Ministry of Justice’s electronic portal to print and use the model civil status registration forms. In cases where citizens cannot print themselves, the civil status registration authority shall be responsible for printing and providing free copies to the citizens requesting registration.

4. Model civil status registers are issued according to the list specified in point d of Clause 1 of Article 27 of this Circular and are published on the Ministry of Justice’s electronic portal (at the address: www.moj.gov.vn), the civil status registration authority may access and print for use.

In cases where domestic civil status registration authorities cannot print themselves, Provincial Departments of Justice shall be responsible for printing and issuing them to the civil status registration authorities within their jurisdiction for use or contacting the Ministry of Justice to obtain them.

5. The civil status registration authority shall be responsible for the use of civil status documents and registers printed and issued in accordance with the provisions of this Circular.

Section 2
GUIDELINES ON RECORDING CIVIL STATUS DOCUMENTS AND REGISTERS, LOCKING CIVIL STATUS REGISTERS, STORING AND PRESERVING CIVIL STATUS REGISTERS

Article 29. Recording in Household Registers and Household Registration Documents

1. Judicial officers - household registration at commune level, staff responsible for household registration at the Justice Office, diplomatic and consular officials (hereinafter referred to collectively as household registration staff) must personally record in the Household Register and household registration documents. The content recorded must be accurate; handwriting must be clear, complete, without abbreviations, erasures; written with good quality ink, of the same color; different colored inks shall not be used; red ink shall not be used.

In cases where information technology is applied to print household registration documents, printing must be done with good quality ink, black in color, without smudging, blurring, or fading.

2. The Household Register must be stamped across the pages from the first page to the last page immediately upon opening the register. Entries must be made continuously in sequence on each page, without leaving any blank pages.

3. Registration numbers within the year must be recorded consecutively in order, starting from number 01 until the end of the year. If the register runs out before the end of the year, a new register must be used and entries continued from the last sequential number of the previous register, without restarting from number 01.

If the register is not fully used by the end of the year, the household registration authority may continue using it for the following year after completing the year-end closing procedures according to regulations.

4. The number recorded on individual household registration documents must match the sequential number recorded in the Household Register as stipulated in Clause 3 of this Article.

5. All columns and items in the Household Register and household registration documents must be filled out completely and accurately according to the instructions in the Household Register and this Circular; dates must be recorded according to the Gregorian calendar.

6. Changes to household registration based on court judgments or decisions of competent state agencies must be recorded in the Household Register as follows:

a) Changes in nationality must be recorded in the Notes section of the Birth Registration Book; such changes must also be recorded in the Notes section of other Household Registers in which the person changing nationality has registered.

b) Determination of parent-child relationships must be recorded in the Notes section of the Birth Registration Book of the child.

c) Re-determination of gender must be recorded in the Notes section of the Birth Registration Book of the person whose gender is being re-determined.

d) Adoption and termination of adoption must be recorded in the Adoption Registration Book and the Notes section of the Birth Registration Book.

đ) Divorce, annulment of illegal marriage, recognition of marriage must be recorded in the Notes section of the Marriage Registration Book.

e) Recognition of guardianship must be recorded in the Guardianship Registration Book.

g) Declaration or revocation of declaration of disappearance, death, or limitation of civil capacity must be recorded in the Notes section of the Birth Registration Book.

h) Declaration or revocation of declaration of death must be recorded in the Death Registration Book.

7. Household registration of Vietnamese citizens resolved by competent authorities abroad must be recorded in the Household Register as follows:

a) Birth registration must be recorded in the Birth Registration Book.

b) Marriage registration must be recorded in the Marriage Registration Book.

c) Guardianship registration must be recorded in the Guardianship Registration Book.

d) Acknowledgment of parent-child relationships must be recorded in the Parent-Child Acknowledgment Registration Book. If the child has already been registered for birth, the People's Committee at the district level shall notify the agency that registered the birth and record the birth registration note in the Birth Registration Book.

đ) Adoption registration must be recorded in the Adoption Registration Book.

e) Change in household registration must be recorded in the Registration Book for Changes, Corrections, and Supplemental Information on Household Registration, Ethnicity Determination, and Notes on Other Household Registration Matters.

g) Divorce and annulment of marriage must be recorded in the Divorce Note Book. If the marriage was previously registered with a Vietnamese competent authority, the People's Committee at the district level shall notify the agency that registered the marriage to record the marriage note in the Marriage Registration Book.

h) Death registration must be recorded in the Death Registration Book.

8. The household registration registration and management authority storing the Household Register must record in the Household Register according to the provisions of Clause 6 of this Article immediately upon receipt of the judgment or decision.

If the Household Register is stored at two levels, the household registration registration and management authority receiving the judgment or decision, after recording in the Household Register, must notify the remaining storage authority to record in the Household Register, ensuring synchronized updates.

9. When recording in the Household Register, it must be done according to the content of the household registration documents and files; for the household registration of Vietnamese citizens resolved by foreign competent authorities, the contents in the Household Register that are not present in the documents and files must be left blank; contents in the documents and files but not in the Household Register must be recorded in the Notes section of the Household Register.

If the household registration information on the household registration documents and Household Register cannot be determined, they must be left blank, without crossing out or marking.

Article 30. Recording Administrative Place Names on Household Registration Documents and Household Registers When There Are Changes

1. When there are changes to administrative place names, the part recording administrative place names on household registration documents and Household Registers shall be recorded according to the administrative place name at the time of registration.

2. When issuing copies of extracts from household registration records, the part recording administrative place names in the copy of the extract must be consistent with the administrative place name registered in the Household Register.

Article 31. Recording Birth Certificates and Birth Registration Books

1. The surname, middle name, and given name of the person being registered for birth must be recorded in uppercase letters with accents.

2. The date of birth of the person being registered for birth shall be recorded both numerically and in words.

3. The Place of Birth section shall be recorded as follows:

a) In cases where children are born in hospitals, maternity homes, health stations, medical facilities (hereinafter referred to collectively as healthcare facilities), the name of the healthcare facility and its address shall be recorded.

b) In cases where children are born outside healthcare facilities, including those born at home, on transportation means, on the road, in temporary detention centers, prisons, or at other locations, the actual administrative place name where the child was born (including all three levels of administrative units) shall be recorded.

c) In cases where children are born abroad, the Place of Birth shall be recorded according to the city name and country name where the child was born; in cases where children are born in a federal state, the city name, state name, and country name shall be recorded.

d) In cases of re-registering births where full information about the place of birth cannot be determined, the Place of Birth section shall record the province if born in Vietnam or the country name if born abroad (for example: Vinh Phuc Province or United States).

4. The Place of Residence section shall be recorded as follows:

a) In cases where Vietnamese citizens reside within the country, it shall be recorded according to their permanent residence registration; in cases where there is no permanent residence registration, it shall be recorded according to their temporary residence registration; in cases where there is neither permanent nor temporary residence registration, it shall be recorded according to their current place of residence.

b) In cases where Vietnamese citizens reside abroad, it shall be recorded according to their permanent or temporary residence address abroad.

5. The Personal Identification Documents section of the person registering the birth must clearly record: the type of document, number, issuing authority, and issuance date of the document.

6. The Registration Authority section must accurately record the name of the competent authority responsible for registering births as stipulated by the Household Registration Law, specifically as follows:

a) In cases where birth registration falls under the jurisdiction of the People's Committee of the commune, the administrative place name must include all three levels (commune, district, province).

b) In cases where birth registration falls under the jurisdiction of the People's Committee of the district, the administrative place name must include two levels (district, province).

c) In cases where birth registration falls under the jurisdiction of the Vietnamese representative office abroad, the name of the representative office shall be recorded.

10. The guidance on recording surnames, middle names, given names, dates, places of residence, personal identification documents, registration authorities, place names, countries, and notes on subsequent changes as provided in this Article shall be applied uniformly in Household Registers and other household registration documents.

Article 32. Recording Marriage Certificates and Marriage Registration Books

1. The date of marriage registration is the date when both parties sign the Marriage Registration Book and Marriage Certificate at the household registration registration authority. The marital relationship is established from the date of marriage registration, except as provided in Clause 2 of this Article.

2. In cases of re-registering marriages, registering actual marriages as prescribed in Clause 2 of Article 44 of Decree No. 123/2015/NĐ-CP, recognizing marital relationships as prescribed in Clause 2 of Article 11 of the Marriage and Family Law, and re-registering marriages as prescribed in Article 13 of the Marriage and Family Law, the date establishing the marital relationship shall be recorded on the back of the Marriage Certificate.

In cases of re-registering marriages, registering actual marriages without determining the previous marriage registration date or the date of cohabitation as husband and wife, the first day of the month and year of the re-registration of marriage or cohabitation shall be recorded; in cases where the date and month cannot be determined, January 01 of the previous year of marriage registration or cohabitation shall be recorded.

Article 33. Recording Method for Marriage Status Confirmation Certificate, Marriage Status Confirmation Book

1. The "Marriage Status" section must truthfully record the current marriage status of the person, specifically as follows:

- If they have never been married, it shall be clearly stated that they have not registered to marry anyone at present.

- If they currently have a spouse, it shall be clearly stated that they currently have a spouse who is Mr./Mrs.... (Marriage Certificate number..., issued on... day... month... year...).

- If they lived together as husband and wife before January 3, 1987, and have not divorced or there has been no event of death or declaration of death of their spouse, it shall be clearly stated that they currently have a spouse who is Mr./Mrs....

- If they registered marriage or lived together as husband and wife before January 3, 1987, but have since divorced and have not remarried, it shall be clearly stated that they had registered marriage or had a spouse, but have since divorced according to the Divorce Judgment/Divorce Decision number... on... day... month... year... of the People's Court...; at present, they have not registered to marry anyone.

- If they registered marriage or lived together as husband and wife before January 3, 1987, but their spouse has died and they have not remarried, it shall be clearly stated that they had registered marriage or had a spouse, but their spouse has died (Death Certificate/Extraction from Death Registration/Judgment number:... issued on... day... month... year...); at present, they have not registered to marry anyone.

- If a person who currently has a spouse requests confirmation of their marriage status during the period before registering marriage, it shall be clearly stated that during the period from... day... month... year... to... day... month... year..., they did not register to marry anyone; at present, they have a spouse who is Mr./Mrs.... (Marriage Certificate number..., issued on... day... month... year...).

2. Vietnamese citizens residing abroad requesting confirmation of their marriage status during their residence in Vietnam before departure, or persons who have resided in different places of usual residence and request confirmation of their marriage status at their previous place of usual residence, shall clearly state their marriage status corresponding to the period of residence.

Example: Not registered to marry anyone during the period of residence in Bong Lai Commune, Que Vo District, Bac Ninh Province from November 20, 1996 to March 4, 1998.

3. In cases where the agency issuing the Marriage Status Confirmation Certificate confirms the marriage status of Vietnamese citizens during their residence abroad, the "Place of Residence" section shall be recorded according to the current address of the applicant. Their marriage status shall be determined based on the results of checking the Household Register Book and the electronic household registration database managed by the agency, and recorded similarly as stipulated in Clause 2 of this Article.

Article 34. Recording Method for Death Registration Extract, Death Registration Book

1. The "Died at" section shall be recorded according to the Death Notice or substitute document prescribed in Clause 2 of Article 4 of Decree No. 123/2015/NĐ-CP, specifying the hour, minute, date, month, and year of death in both numeric and alphabetic form; if the time and minute of death are unknown, it shall be left blank.

2. The "Place of Death" section shall clearly state the name of the healthcare facility and the administrative location where the healthcare facility is located in cases of death at a healthcare facility.

In cases of death on a means of transportation, due to an accident, in prison, temporary detention center, execution site, or at the premises of an organization, or if the place of death cannot be determined, the administrative location with three levels (commune, district, province) where the person died or where the body was found shall be recorded.

3. The cause of death in the Death Registration Book shall be recorded according to the Death Notice or substitute document prescribed in Clause 2 of Article 4 of Decree No. 123/2015/NĐ-CP; if there is no such document or the cause of death has not yet been determined, it shall be left blank.

4. The section recording the Death Notice or substitute document shall clearly state the name of the document; its number, date, and year of issuance; and the issuing authority or organization. In cases where the People's Committee of the commune has the authority to register deaths and is responsible for issuing the Death Notice, the Death Notice shall not be issued; the Death Notice section in the Death Registration Extract and Death Registration Book shall be left blank.

Article 35. Correcting Errors when Recording Household Registration Books and Household Registration Documents

1. In the process of registering household registration, if there are errors in recording the contents in the Household Registration Book, the civil servant handling household registration must strike out the erroneous part, write it beside or above the original entry, without overwriting the old text, erasing, or writing over erased areas.

In cases where pages are left blank due to errors, the civil servant handling household registration must draw a diagonal line across the blank page.

The note column of the Household Registration Book must clearly record the content of the correction; the date, month, year of correction; the signature of the civil servant handling household registration, along with their full name.

The civil servant handling household registration has the responsibility to report to the head of the household registration agency about the correction of errors. The head of the household registration agency has the responsibility to check and affix a confirmation stamp on the corrected content.

The civil servant handling household registration shall not arbitrarily erase, correct, or supplement the content already recorded in the Household Registration Book, causing distortion.

2. During the process of registering household registration, if there are errors on household registration documents, the civil servant handling household registration must invalidate those documents and issue new ones; they shall not provide citizens with corrected household registration documents.

3. If errors are discovered after the completion of the household registration process according to the law, corrections to the household registration shall be made according to the prescribed regulations.

Article 36. Opening and Closing the Household Registration Book

The opening and closing of the Household Registration Book at the household registration agency shall be carried out as follows:

1. The volume number of the Household Registration Book shall be numbered and recorded in the order of use for each type of book in a year, starting from number 01.

Example: - Guardianship Registration Book, number: 01-TP/HT-2020-GH

       - Recognition of Parentage Registration Book, number: 01-TP/HT-2020-CMC.

The opening date of the book is the date of the first registered household event.

The closing date of the book, in cases where the book ends before the end of the year, is the date of the last registered household event; in cases where the year ends before the book is fully used, the book shall be closed on December 31 of that year.

2. The civil servant handling household registration must clearly tally the total number of household events registered in the book, the number of cases requiring correction according to Clause 1 of Article 35 of this Circular, and the number of pages left blank (if any).

3. After tallying according to the provisions of Clause 2 of this Article, the civil servant handling household registration must sign, clearly stating their full name; report to the head of the household registration agency for confirmation, clearly stating their full name, position, and affixing a stamp.

Article 37. Storing the Household Registration Book and Household Registration Files

1. The Household Registration Book and household registration files must be kept, preserved, and stored permanently for use and to serve the needs of the people and state management activities.

2. The Consular Bureau, Diplomatic Missions, People's Committees of communes, People's Committees of districts, Departments of Justice have the responsibility to store, preserve, and utilize the Household Registration Book in accordance with the law; implement measures to prevent typhoons, floods, fires, dampness, and pests to ensure safety.

The head of the agency must bear responsibility for the loss, damage, or unauthorized use of the Household Registration Book.

Chapter IV
IMPLEMENTING PROVISIONS

Article 38. Transitional Provisions

1. Household registration application files received by the household registration agency before this Circular takes effect and not yet resolved shall continue to be processed according to Circular No. 15/2015/TT-BTP dated November 16, 2015, of the Ministry of Justice detailing the implementation of certain provisions of the Household Registration Law and Decree No. 123/2015/NĐ-CP dated November 15, 2015, of the Government detailing certain provisions and implementing measures of the Household Registration Law (hereinafter referred to as Circular No. 15/2015/TT-BTP).

2. Birth Certificates, Marriage Certificates, and Household Registration Books based on the model issued together with Circular No. 15/2015/TT-BTP currently in use at household registration agencies may continue to be used until December 31, 2020.

Other household registration application cases accepted from the time this Circular takes effect shall be issued household registration documents based on the model issued together with this Circular.

Article 39. Effective date

1. This Circular takes effect from July 16, 2020, and replaces Circular No. 15/2015/TT-BTP.

2. During the implementation process, if there are difficulties, please promptly reflect them to the People's Committees of provinces and centrally-administered cities and Departments of Justice for guidance./.