Decree No. 06/2012/ND-CP Amending and Supplementing Certain Provisions of Decrees on Household Registration, Marriage, and Family, and Notarization.

DECREE

Amending and supplementing certain articles of Decrees on household registration,

marriage and family, and notarization

 

THE GOVERNMENT

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

Pursuant to the Law on Legislative Acts of 03 June 2008;

Implementing Resolution No. 52/NQ-CP dated December 10, 2010 of the Government on simplifying administrative procedures within the scope of management functions of the Ministry of Justice; Resolution No. 50/NQ-CP dated December 10, 2010 of the Government on simplifying administrative procedures within the scope of management functions of the Ministry of Foreign Affairs;

Considering the proposal of the Minister of Justice,

DECREE:

1. Article 9 shall be amended and supplemented as follows:

Article 9. Personal documents to be presented when registering household

When registering household, if the civil registrar of the commune, ward, town (hereinafter referred to as the civil registrar) or the civil officer of the Department of Justice of the district, city district, town, provincial city (hereinafter referred to as the civil officer of the Department of Justice) or the registrar of the Department of Justice does not know clearly about the personal identity or place of residence of the party, then they shall request the presentation of the following documents for verification:

1. Identity card or Passport of the person registering the household to determine the individual's identity;

2. Household register, Temporary Residence Registration Book (for Vietnamese citizens residing in Vietnam); Permanent Resident Card, Temporary Resident Card, or Temporary Residence Certificate (for foreigners residing in Vietnam) to serve as the basis for determining the authority to register the household in accordance with the provisions of this Decree.

3. In cases where the household registration application is sent through the postal system, the documents specified in Clause 1 and Clause 2 of this Article must be certified copies; in cases of direct submission of the application, submit copies of the above documents along with original documents for comparison or certified copies.”

2. Supplement Article 9.a as follows Article 9 regarding the time limit for handling household registration and household registration files as follows:

"Article 9.a. Time limit for handling household registration and household registration files

1. For household matters for which this Decree stipulates a time limit for handling, the time limit shall be calculated in working days.

For household matters for which this Decree does not stipulate a time limit for handling, they shall be resolved immediately on the same day; if the file is received after 15:00, the result will be returned on the next working day.

2. The documents that must be submitted and presented when performing household matters according to this Decree shall be compiled into one set of files."

3. Article 10 shall be amended and supplemented as follows:

"Article 10. Delegation

A person who requests household registration (except for marriage registration, guardianship registration, and adoption registration) or requests issuance of household-related documents but cannot personally attend the registration office may delegate another person to act on their behalf. The delegation must be in writing and must be notarized or certified properly.

If the person delegated is the person's grandparent, parent, child, spouse, brother, sister, or half-sibling, then there is no need for a written delegation, but proof of the relationship mentioned above must be provided."

4. Clause 1 of Article 15 shall be amended and supplemented as follows:

"1. A person registering birth must submit the Birth Declaration Form and the Birth Certificate (in the prescribed format) and present the Marriage Certificate of the child's parents (if the child's parents have registered their marriage).

The Birth Certificate is issued by the healthcare facility where the child was born; if the child was born outside a healthcare facility, the Birth Certificate can be replaced by a confirmation document from a witness. In cases where there is no witness, the person registering the birth must make a sworn statement confirming the actual birth.

In cases where the civil registrar knows clearly about the marital relationship of the child's parents, it is not mandatory to present the Marriage Certificate."

5. Clause 2 of Article 18 is amended as follows:

"2. Within three days from the date of receiving all valid documents, if it is found that both male and female parties meet the conditions for marriage as stipulated by the Law on Marriage and Family, the People's Committee of the commune shall register the marriage for the two parties.

In cases requiring verification, the aforementioned period may be extended by no more than five days."

6. Clause 1 Article 30 shall be amended and supplemented as follows:

"1. The person appointed as guardian must submit the Application Form (in the prescribed format) and the Guardianship Appointment Letter. The Guardianship Appointment Letter is prepared by the appointer; if multiple people jointly appoint one person as guardian, all must sign the Guardianship Appointment Letter together."

7. Clause 3 of Article 31 shall be amended as follows:

"3. Within two days from the date of receiving all valid documents, if it is found that the request to terminate guardianship is in compliance with the law and there is no dispute, the civil registrar shall record the Decision Recognizing Termination of Guardianship, and simultaneously note the termination of guardianship in the previously registered guardianship book. The Chairman of the People's Committee of the commune shall sign and issue a copy of the Decision Recognizing Termination of Guardianship to the person requesting the termination of guardianship. Certified copies of the Decision Recognizing Termination of Guardianship shall be issued upon request of the interested party.

In cases requiring verification, the aforementioned period may be extended by no more than two days."

8. Article 32 shall be amended and supplemented as follows:

"Article 32. Conditions for registering the recognition of father, mother, and child

1. The recognition of father, mother, and child under this Section shall be carried out if the party recognizing and the party being recognized are alive at the time of registration and the recognition is voluntary and there is no dispute among those with rights and interests related to the recognition of father, mother, and child.

2. An adult child or the guardian of an underage child or an adult child who has lost capacity to act may also carry out the procedure to recognize father and mother under this Section in cases where the father and mother have died; if the recognition is voluntary and there is no dispute among those with rights and interests related to the recognition of father and mother."

9. Clause 2 of Article 34 shall be amended as follows:

"2. Within three days from the date of receiving all valid documents, if it is found that the recognition of father, mother, and child is true and there is no dispute, the People's Committee of the commune shall register the recognition of father, mother, and child.

In cases requiring verification, the aforementioned period may be extended by no more than five days."

10. Clause 1 and Clause 2 of Article 38 shall be amended and supplemented as follows:

"1. The person requesting to change, correct household registration, re-determine nationality, re-determine gender, supplement household registration must submit an Application Form (in accordance with the prescribed model), present the original Birth Registration Certificate of the person whose household registration needs to be changed, corrected, nationality re-determined, gender re-determined, supplemented, and related documents as the basis for changing, correcting household registration, re-determining nationality, re-determining gender, supplementing household registration.

In the case of re-determining gender, they must submit a Medical Certification issued by a medical facility permitted to intervene medically to re-determine gender in accordance with Decree No. 88/2008/NĐ-CP dated August 5, 2008 of the Government on re-determining gender.

Changing, correcting household registration, re-determining nationality, re-determining gender, supplementing household registration for minors or persons lacking civil capacity shall be carried out at the request of their parents or guardians.

For changing surname, name for persons aged nine years or older and re-determining nationality for minors aged fifteen years or older, there must be the consent of the person concerned expressed in the Application Form; in the case of re-determining nationality for children under fifteen years old, a written agreement of the parents regarding the re-determination of nationality for the child must be submitted.

The person requesting to change, correct household registration, re-determine nationality, re-determine gender, supplement household registration, adjust household registration may submit directly or through the postal system. In the case of submission through the postal system, all documents in the dossier must be certified copies; in the case of direct submission, certified copies accompanied by original documents for comparison or certified copies must be submitted. Specifically, for changing, correcting household registration, re-determining nationality, re-determining gender, supplementing household registration, adjusting household registration for Vietnamese citizens residing abroad; or correcting household registration, re-determining gender, supplementing household registration, adjusting household registration for foreigners who previously registered birth before competent authorities of Vietnam, they must submit the dossier directly to the Department of Justice where it has jurisdiction over such household registration matters.

2. Within three days from the date of receiving complete valid documents, if the conditions for changing, correcting household registration, re-determining nationality, re-determining gender are met according to the provisions of the law, the Household Registration Legal Officer or the Legal Officer of the Legal Department shall record in the previous Birth Registration Book and Decision on changing, correcting household registration, re-determining nationality, re-determining gender. The Chairman of the People's Committee of the commune or the Chairman of the People's Committee of the district shall sign and issue to the party a copy of the Decision on changing, correcting household registration, re-determining nationality, re-determining gender. A certified copy of the Decision shall be issued upon request of the party.

If verification is required, the above period may be extended by no more than five days.

The content and grounds for changing, correcting household registration, re-determining nationality, re-determining gender must be noted in the column recording subsequent changes in the Birth Registration Book and the back of the original Birth Registration Certificate.

11. Clause 2 Article 39 shall be amended and supplemented as follows:

“2. The person requesting to adjust household registration must submit an Application Form (in accordance with the prescribed model) and present the Birth Registration Certificate; in cases where the adjustment content is not related to the Birth Registration Certificate, other documents serving as the basis for the adjustment must be presented.

The adjustment of household registration shall be resolved immediately after receiving complete valid documents. The note column of the household registration book and the back of the original household registration document must clearly record the adjustment content; the basis for adjustment; the surname, name, signature of the person making the adjustment; the date, month, year of adjustment. The Household Registration Legal Officer shall stamp on the adjusted part.

12. Clause 2 Article 45 shall be amended as follows:

“2. After receiving complete valid documents, the Household Registration Legal Officer shall record in the registration book according to each type of matter and the original Birth Registration Certificate or Death Certificate. The Chairman of the People's Committee of the commune shall sign and issue to the person registering a copy of the Birth Registration Certificate or Death Certificate.

If verification is required, the verification period shall not exceed five days.

13. Clause 1 and Clause 2 Article 48 shall be amended and supplemented as follows:

“1. The person requesting to re-register births, deaths, marriages must submit an Application Form (in accordance with the prescribed model) and present a certified copy of the previously issued household registration document (if available); in cases where there is no certified copy of the household registration document, the party must self-declare about the registration, but the household registration book cannot be retained and bear responsibility for the content of the declaration.

2. After receiving complete valid documents, the Household Registration Legal Officer shall record in the household registration book according to each type of matter and the original Birth Registration Certificate, Death Certificate, Marriage Certificate. The Chairman of the People's Committee of the commune shall sign and issue to the person registering a copy of the household registration document according to each type of matter. Old household registration documents related to the re-registered household event (if available) shall be retrieved and filed.

If verification is required, the period may be extended by no more than three days.

14. Clause 2 Article 50 shall be amended as follows:

“2. Within three days from the date of receiving complete valid documents, the Household Registration Officer of the Department of Justice shall record in the Birth Registration Book and the original Birth Registration Certificate, the Director of the Department of Justice shall sign and issue a copy of the Birth Registration Certificate to the person registering birth. A certified copy of the Birth Registration Certificate shall be issued upon request of the person registering birth.

If verification is required, the above period may be extended by no more than three days.

15. Clause 1 and Clause 2 Article 52 shall be amended as follows:

“1. The person registering death must submit an Application Form (in accordance with the prescribed model) and a Death Notice or a document substituting for the Death Notice as stipulated in Article 22 of this Decree.

2. After receiving complete valid documents, the Household Registration Officer of the Department of Justice shall record in the Death Registration Book and the original Death Certificate, the Director of the Department of Justice shall sign and issue a copy of the Death Certificate to the person registering death. A certified copy of the Death Certificate shall be issued upon request of the person registering death.

If verification is required, the period shall not exceed three days."

16. Article 56. Procedures for recording in household registers shall be amended and supplemented as follows:

"Article 56. Procedures for recording in household registers

1. The person requesting to record in the household register must present the original or certified copy of the household registration documents to be recorded; specifically, for recording to recognize a marriage registered with a competent authority abroad, they must also submit the Application Form (in accordance with the prescribed model).

The person requesting to record in the household register (except for recognizing marriage; acknowledging parent-child relationships) may do so directly or submit the application through the postal system; in the case of submission through the postal system, all documents in the application file must be certified copies; in the case of direct submission, a certified copy must be submitted along with the original for verification or a certified copy.

2. After receiving all valid documents, the household registration officer of the Department of Justice shall record in the household register in accordance with Article 57 of this Decree. In cases requiring verification, the deadline may be extended by no more than three days; specifically, for recording to recognize a marriage registered with a competent authority abroad, the processing time is five days, and if verification is required, the deadline may be extended by no more than five additional days."

17. Clause 1 and Clause 2 of Article 59 shall be amended and supplemented as follows:

"1. A person registering again for birth, death, or marriage must submit the Application Form (in accordance with the prescribed model) and present a certified copy of the previously issued household registration document (if available). If there is no longer a certified copy of the household registration document, they must write a declaration regarding the registration but cannot retain the household register and bear responsibility for the contents of the declaration. For re-registering marriage and death, the declaration must be confirmed by two witnesses who are aware of the registration and have confirmation from the People's Committee of the commune regarding the signatures of the two witnesses.

2. Within three days from the date of receiving all valid documents, the household registration officer of the Department of Justice records in the registration book according to each type of event and retains the original: Birth Registration Certificate, Death Certificate, Marriage Registration Certificate. The Director of the Department of Justice signs and issues to the applicant an original household registration document according to each type of event. Any old household registration documents related to the re-registered household event (if any) are retrieved and filed.

In cases requiring verification, the above deadline may be extended by no more than three additional days."

18. Clause 1 and Clause 2 of Article 63 shall be amended as follows:

"1. The person requesting to obtain a new original Birth Registration Certificate must submit the Application Form (in accordance with the prescribed model) and the original old Birth Registration Certificate (if available).

The person requesting to obtain a new original Birth Registration Certificate may submit directly or send the application through the postal system; in the case of sending through the postal system, all documents in the application file must be certified copies; in the case of direct submission, a certified copy must be submitted along with the original for verification or a certified copy.

2. After receiving all valid documents, the judicial officer of the Judicial Office or the household registration officer of the Department of Justice shall base on the retained Birth Registration Book to record the content of the new original Birth Registration Certificate. The Chairman of the People's Committee of the district or the Director of the Department of Justice shall sign and issue to the applicant a new original Birth Registration Certificate, retrieving the old Birth Registration Certificate (if available).

In cases requiring verification, the deadline may be extended by no more than three days."

19. Article 64 shall be amended and supplemented as follows:

"Article 64. Issuing copies of household registration documents and reissuing original Birth Certificates for foreigners and overseas Vietnamese

The provisions on issuing copies of household registration documents from household registers and reissuing original Birth Certificates set forth in this Chapter also apply to foreigners and overseas Vietnamese who have previously registered their household registration in Vietnam.

The authority to issue copies of household registration documents from household registers in this case is the Department of Justice, People's Committee at district level or People's Committee at commune level where the household registers are stored. As for reissuing original Birth Certificates, the authority is the Department of Justice where the Birth Registration Books are stored; in cases where the Birth Registration Books are stored at the People's Committee at district level or People's Committee at commune level, the Department of Justice requests the People's Committee at district level or People's Committee at commune level, where the Birth Registration Books are stored, to provide information related to birth details to be recorded in the original Birth Certificate."

20. Clause 1, Article 67 shall be amended and supplemented as follows:

"1. A person requesting issuance of a Certificate of Marital Status must submit an Application Form (in accordance with the prescribed model).

In cases where the person requesting issuance of a Certificate of Marital Status has been married but has since divorced or their spouse has died, they must present an extract of the Judgment/Decision that has become legally binding by the Court regarding divorce or a copy of the Death Certificate. This provision also applies to confirming marital status in the Application Form for marriage registration as stipulated in Clause 1, Article 18 of this Decree.

After receiving all valid documents, the Chairman of the People's Committee at commune level or Consular Officer signs and issues the Certificate of Marital Status (in accordance with the prescribed model) to the applicant.

In cases requiring verification, the verification period shall not exceed three days."

Article 2. Amending and supplementingArticle 8 of Decree No. 32/2002/NĐ-CPdated March 27, 2002 of the Government on the application of the Law on Marriage and Family to ethnic minorities

"Article 8. Registration of Marriage

The People's Committee at commune level where one of the two parties resides shall carry out the marriage registration.

The marriage registration shall be conducted at the office of the People's Committee at commune level or at the residential neighborhood, village, hamlet, phum, or sóc of one of the two parties.

When registering marriage, both male and female parties need to prepare one set of documents including: Application Form for Marriage Registration, copy of Identity Card or Household Register or Birth Certificate; in cases where unauthenticated copies are submitted, the original must be presented for comparison.

After receiving the Application Form for Marriage Registration, the People's Committee at commune level will check, and if both parties meet the conditions for marriage as stipulated in this Decree, the marriage registration shall be carried out immediately on the same working day; if the application is received after 15:00, the registration shall be carried out on the next working day; in cases requiring verification, the period may be extended up to five working days.

After both male and female parties sign the Marriage Certificate and the Marriage Registration Book, the Chairman of the People's Committee at commune level will sign the Marriage Certificate. The original Marriage Certificate will be handed over to each party at the office of the People's Committee at commune level or at their place of residence."

79/2007/NĐ-CP of the Government dated May 18, 2007 on issuing certified copies from original registers, certifying true copies from original documents, and certifying signatures. Clause 2, Article 9

1. “2. The person requesting a certified copy from the original register must present their identity card or passport or other personal identification for the staff receiving the application to check. shall be amended as follows:

In cases where the person requesting a certified copy from the original register is one of those persons specified in Clauses 2 and 3 of this Article, they must also present additional documents proving that they have the right to request a certified copy from the original register.

In cases where the request for a certified copy from the original register is made through postal service, the applicant must send all the required documents (originals or certified true copies) as stipulated herein.”

2. Add Clause 4

“4. In cases where the original register cannot be found or does not contain information about the person requesting the certified copy, the agency holding the original register shall be responsible for providing a written response.” Article 10 as follows:

Point a, Clause 1, Article 17

3. “a) Identity card or passport or other personal identification for the staff receiving the application to check.” shall be amended as follows:

This Decree takes effect from April 1, 2012.

Article 5. Implementation Provisions

Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial People's Committees under the central government, relevant organizations, and individuals are responsible for implementing this Decree./.

- To be filed: Office, Legal Department (5b)