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

JOINT CIRCULAR

Amending and supplementing certain provisions of Circular Jointly Issued No. 11/2008/TTLT-BTP-BNG dated December 31, 2008 of the Ministry of Justice and the Ministry of Foreign Affairs guiding the implementation of the provisions of Government Decree No. 158/2005/NĐ-CP dated December 27, 2005 on registration and management of household registers at diplomatic missions and consular offices of Vietnam abroad

Based on Government Decree No. 15/2008/NĐ-CP dated February 4, 2008 stipulating the functions, tasks, powers, and organizational structure of the Ministry of Foreign Affairs;

Based on Government Decree No. 158/2005/NĐ-CP dated December 27, 2005 on registration and management of household registers;

Based on Government Decree No. 06/2012/NĐ-CP dated February 2, 2012 amending and supplementing certain articles of decrees on household registers, marriage, and family, and notarization;

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Pursuant to Decree No. 93/2008/NĐ-CP dated August 22, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

The Ministry of Justice and the Ministry of Foreign Affairs jointly amend and supplement certain provisions of Circular Jointly Issued No. 11/2008/TTLT-BTP-BNG dated December 31, 2008 of the Ministry of Justice and the Ministry of Foreign Affairs guiding the implementation of the provisions of Government Decree No. 158/2005/NĐ-CP dated December 27, 2005 on registration and management of household registers at diplomatic missions and consular offices of Vietnam abroad (hereinafter referred to as Vietnamese representative offices) as follows:

1. Amend and supplement the provision at point b Clause 1 Section II as follows:

"b) The procedure for registering births for children shall be carried out as follows:

The person registering the birth must submit the Application Form (in accordance with the prescribed model), Birth Certificate, and a copy of the Marriage Registration Certificate of the child's parents (if they have registered their marriage) and present the original for verification.

Article 1. Contents of amendments and supplements

The Birth Certificate shall be issued by the healthcare facility where the child was born; if the child was born outside a healthcare facility, then the Birth Certificate shall 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 regarding the actual birth.
After verifying the valid documents, the consular officer records the Birth Registration Book and the original Birth Registration Certificate. The head of the Vietnamese representative office or the authorized consular staff signs and issues one original Birth Registration Certificate to the person registering the birth. A copy of the Birth Registration Certificate will be issued upon request of the person registering the birth.

In cases of registering births out of wedlock, if the father cannot be identified, the section regarding the father in the Birth Registration Book and the Birth Registration Certificate shall remain blank. If at the time of registering the birth, there is someone who acknowledges the child, the Vietnamese representative office shall combine the acknowledgment process with the birth registration."

2. Amend and supplement the provision at point a Clause 5 Section II as follows:

"a) The Vietnamese representative office in the country where both the guardian and the ward are Vietnamese citizens residing shall carry out the registration of guardianship. The procedure for registering guardianship shall be carried out as follows:

The person appointed as guardian must submit the Application Form (in accordance with the prescribed model) and the Guardianship Appointment Letter. The Guardianship Appointment Letter shall be issued by the appointer; if multiple people jointly appoint one person as guardian, all must sign the Guardianship Appointment Letter together.

Within five working days from the date of receiving all valid documents, if it is determined that the guardianship meets the conditions stipulated by law, the Vietnamese representative office shall register the guardianship. In cases requiring verification, within two working days from the date of receiving all valid documents, the Vietnamese representative office has the responsibility to send a request for verification to the competent authority. Within five working days from the date of receiving the request for verification, the competent authority has the responsibility to send the verification results to the Vietnamese representative office. Within two working days from the date of receiving the verification results, the Vietnamese representative office shall register the guardianship. The total processing time in this case shall not exceed thirty days from the date of receiving all valid documents.
When registering guardianship, the appointer and the appointed guardian must be present. The consular officer records the Guardianship Registration Book and the Decision Recognizing Guardianship. The head of the Vietnamese representative office or the authorized consular staff signs and issues one original Decision Recognizing Guardianship to each of the guardian and the appointer. Copies of the Decision Recognizing Guardianship will be issued upon request of the guardian and the appointer.

In cases where the ward has personal property, the appointer must prepare a list of assets and clearly state the status of those assets, signed by the appointer and the appointed guardian. The asset list shall be prepared in three copies, one copy retained at the Vietnamese representative office where the guardianship is registered, one copy given to the guardian, and one copy given to the appointer."

3. Amend and supplement the provision at point b Clause 6 Section II as follows:

"b) The procedure for registering the acknowledgment of parentage shall be carried out as follows:

The person acknowledging parentage must submit the Application Form (in accordance with the prescribed model). In cases where a parent acknowledges a minor child, the consent of the current parent must be obtained, except in cases where that parent has died, disappeared, lost capacity, or is restricted in civil conduct capacity.

Along with the Application Form, the following documents must be presented:
- Birth Registration Certificate (original or copy) of the child, if already registered;

- Other documents, items, or evidence to prove the parent-child relationship (if available).

Within three working days from the date of receiving all valid documents, if it is determined that the acknowledgment of parentage is true and there is no dispute, the Vietnamese representative office shall register the acknowledgment of parentage. In cases requiring verification, within two working days from the date of receiving all valid documents, the Vietnamese representative office has the responsibility to send a request for verification to the competent authority. Within five working days from the date of receiving the request for verification, the competent authority has the responsibility to send the verification results to the Vietnamese representative office. Within two working days from the date of receiving the verification results, the Vietnamese representative office shall register the acknowledgment of parentage. The total processing time in this case shall not exceed thirty days from the date of receiving all valid documents."

- Birth registration certificate (original or certified copy) of the child, if birth registration has been completed;

- Other documents, objects, or evidence to prove the parent-child relationship (if available).

Within three working days from the date of receiving all valid documents, if it is found that the acknowledgment of parentage is true and there is no dispute, the Vietnamese representative office shall register the acknowledgment of parentage. In cases requiring verification, within two working days from the date of receiving all valid documents, the Vietnamese representative office shall have the responsibility to send a request for verification to the competent authority. Within five working days from the date of receiving the request for verification, the competent authority shall have the responsibility to send the verification results to the Vietnamese representative office. Within two working days from the date of receiving the verification results, the Vietnamese representative office shall register the acknowledgment of parentage. The total processing time in this case shall not exceed thirty days from the date of receiving all valid documents.

When registering for adoption of parent-child relationships, all parties involved must be present, except in cases where the person to be adopted is already deceased as a parent or a parent has passed away. The consular officer records the registration in the Register of Adoption of Parent-Child Relationships and the Decision Recognizing the Adoption of Parent-Child Relationships. The head of the Vietnamese representative office or the authorized consular staff signs and issues a copy of the Decision Recognizing the Adoption of Parent-Child Relationships to each party. A copy of the Decision will be issued upon request of the parties.

4. Amend and supplement the provisions of Clause 9, Section II as follows:
"a) Late registration of birth at Vietnamese representative offices shall only be carried out when a Vietnamese citizen is born abroad and has not been registered for birth (both at Vietnamese representative offices and competent authorities of foreign countries).

 The authority to carry out late registration of birth shall be implemented according to the provisions of point a, Clause 1, Section II of this Joint Circular. In cases where a person with full capacity under the Civil Code registers their own late birth, they may do so at the Vietnamese representative office where their parents reside, or at the Vietnamese representative office where they reside, and it must be done directly by the person themselves.
b) Late registration of death at Vietnamese representative offices shall only be carried out when a Vietnamese citizen dies abroad and has not been registered for death (both at Vietnamese representative offices and competent authorities of foreign countries).

 The authority to carry out late registration of death shall be implemented according to the guidance provided in point a, Clause 3, Section II of this Joint Circular.
c) Procedures and formalities for late registration of birth and death

 - The procedures and formalities for late registration of birth shall be carried out as follows: The person applying for late registration of birth must submit the Application Form (as prescribed), Birth Certificate, and a copy of the Marriage Certificate of their parents (if the parents have registered their marriage) and present the original for verification. The Birth Certificate is issued by the medical facility where the person was born. If the person was born outside a medical facility, the Birth Certificate can be replaced by a confirmation document from a witness. In cases where there is no witness, the person applying for birth registration must make a sworn statement about the actual birth.

After receiving all valid documents, the consular officer records the late registration of birth in the Register of Births and the original Birth Certificate. The head of the Vietnamese representative office or the authorized consular staff signs and issues the original Birth Certificate to the applicant. In cases requiring verification, within two working days from the date of receipt of all valid documents, the Vietnamese representative office is responsible for sending a request for verification to the competent authority. Within five working days from the date of receipt of the verification request, the competent authority is responsible for sending the verification results to the Vietnamese representative office. Within two working days from the date of receipt of the verification results, the Vietnamese representative office registers the birth. The total processing time in this case shall not exceed thirty days from the date of receipt of all valid documents.

The section on parents in the Birth Certificate and the Register of Births is recorded based on the time of late registration of birth. In cases where the parents have renounced Vietnamese citizenship or acquired foreign citizenship, their Vietnamese nationality must still be recorded. The current nationality of the parents is recorded in the column for subsequent changes in the Register of Births and on the back of the original Birth Certificate.

- The procedures and formalities for late registration of death shall be carried out as follows:

The person applying for late registration of death must submit a Death Notice or a document replacing the Death Notice.

After receiving all valid documents, the consular officer records the late registration of death in the Register of Deaths and the Death Certificate. The head of the Vietnamese representative office or the authorized consular staff signs and issues the original Death Certificate to the applicant. In cases requiring verification, within two working days from the date of receipt of all valid documents, the Vietnamese representative office is responsible for sending a request for verification to the competent authority. Within five working days from the date of receipt of the verification request, the competent authority is responsible for sending the verification results to the Vietnamese representative office. Within two working days from the date of receipt of the verification results, the Vietnamese representative office registers the death. The total processing time in this case shall not exceed thirty days from the date of receipt of all valid documents.

5. Amend and supplement the provisions of point c, Clause 10, Section II as follows:
"c) The procedures and formalities for re-registering births, deaths, and marriages shall be carried out as follows:

The person requesting re-registration of births, deaths, or marriages must submit the Application Form (as prescribed) and present a copy of the previously issued household registration certificate (if available).

In cases where there is no copy of the household registration certificate, the party must make a sworn statement about the registration that has already taken place but is no longer retained in the household registration book and bear responsibility for the contents of the statement. Within three working days from the date of receipt of all valid documents, the consular officer records the re-registration in the household registration book and the original Birth Certificate, Death Certificate, or Marriage Registration Certificate. The head of the Vietnamese representative office or the authorized consular staff signs and issues the original household registration certificate to the applicant. Any old household registration certificates related to the re-registered household event (if available) are collected and filed. In cases requiring verification, within two working days from the date of receipt of all valid documents, the Vietnamese representative office is responsible for sending a request for verification to the competent authority. Within five working days from the date of receipt of the verification request, the competent authority is responsible for sending the verification results to the Vietnamese representative office. Within two working days from the date of receipt of the verification results, the Vietnamese representative office re-registers the birth, death, or marriage. The total processing time in this case shall not exceed thirty days from the date of receipt of all valid documents.

When re-registering births, deaths, or marriages, if the applicant presents a valid copy of the previously issued document, the registration content for birth, death, and marriage shall be recorded according to the content of that copy of the household record document.

The declaration regarding parents in the Birth Registration Certificate and the Birth Registration Book shall be recorded based on the time of re-registering the birth. However, in cases where the parents have been deprived of Vietnamese citizenship or have acquired foreign citizenship, their Vietnamese nationality must still be recorded. The current nationality of the parents shall be noted in the column recording subsequent changes in the Birth Registration Book and on the back of the original Birth Registration Certificate.

When re-registering a marriage, both parties must be present. The marital relationship is recognized from the date of the previous marriage registration.

6. Amend and supplement Point a Clause 1 Section IV as follows:
"a) The Vietnamese representative office, which stores the household registry book, shall issue copies of household records from the household registry book. In cases where the household registry book has been transferred to one volume at the Ministry of Foreign Affairs, the Ministry of Foreign Affairs (Consular Department) also has the authority to issue copies of household records from the household registry book when the party requests it.

The person requesting a copy of a household record from the household registry book may submit the application directly or send the dossier through the postal system. In cases where the request is sent through the postal system, the fee for issuing a copy, postage for returning the issued copy of the household record, and an envelope clearly marked with the name and address of the recipient must be included.

Issuing copies of household records from the household registry book at the Vietnamese representative office or at the Ministry of Foreign Affairs (Consular Department) shall be resolved on the same day; in cases where the dossier is received after 15:00 hours, the result will be returned on the next working day. In cases where the Ministry of Foreign Affairs (Consular Department) has not yet received the household registry book from the Vietnamese representative office, upon receiving the dossier, the Ministry of Foreign Affairs (Consular Department) will immediately verify the information at the Vietnamese representative office. The Vietnamese representative office is responsible for replying to the Ministry of Foreign Affairs (Consular Department) within one working day from the date of receipt of the verification request. Within one working day from the date of receipt of the reply result from the Vietnamese representative office, the Ministry of Foreign Affairs (Consular Department) will issue the copy of the household record to the party. The total processing time in this case shall not exceed five working days from the date of receipt of all valid documents.

7. Amend the provision at Point b Clause 2 Section IV as follows:
"b) The procedure and process for issuing a new original Birth Registration Certificate shall be carried out as follows:

The person requesting a new original Birth Registration Certificate must submit the Application Form (according to the prescribed model) and the original Birth Registration Certificate (if available).

The person requesting a new original Birth Registration Certificate may submit the application directly or send the dossier through the postal system. In cases where the request is sent through the postal system, the fee for issuing a new certificate, postage for returning the issued original Birth Registration Certificate, and an envelope clearly marked with the name and address of the recipient must be included.

Issuing a new original Birth Registration Certificate at the Vietnamese representative office and at the Ministry of Foreign Affairs (Consular Department) shall be resolved on the same day; in cases where the dossier is received after 15:00 hours, the result will be returned on the next working day. In cases where the Ministry of Foreign Affairs (Consular Department) has not yet received the Birth Registration Book from the Vietnamese representative office, upon receiving the dossier, the Ministry of Foreign Affairs (Consular Department) will immediately verify the information at the Vietnamese representative office. The Vietnamese representative office is responsible for replying to the Ministry of Foreign Affairs (Consular Department) within one working day from the date of receipt of the verification request. Within one working day from the date of receipt of the reply result from the Vietnamese representative office, the Ministry of Foreign Affairs (Consular Department) will issue the original Birth Registration Certificate to the party. The total processing time in this case shall not exceed five working days from the date of receipt of all valid documents.

The principle of recording the content of the original Birth Registration Certificate when issuing a new one shall be applied similarly to the provisions of Article 61 of Decree No. 158/2005/NĐ-CP.

Article 2. Implementation clause

1. This Circular takes effect from August 3, 2012.

2. During the implementation process, if there are any difficulties, please promptly reflect them to the Ministry of Foreign Affairs and the Ministry of Justice for research and amendment./.