Circular No. 07/2023/TT-BNG guiding the registration and management of civil status records at diplomatic missions and consular posts of Vietnam abroad

CIRCULAR

Guidelines for registration and management of civil status records atDiplomatic Missions, Consular Offices of Vietnam abroadof Vietnam abroad 

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

Pursuant to the Law on Vietnamese Citizenship number 24/2008/QH12 dated November 13, 2008 ; Law Amending and Supplementing Certain Provisions of the Law on Citizenship number 56/2014/QH13 dated June 24, 2014;; Law amending and supplementing certain Articles of the Law Article 24Pursuant to the Law on Marriage and Family number 52/2014/QH13 dated June 19, 2014 Vietnam number 56/2014/QH13 dated June 24, 2014;

Pursuant to Decree number 123/2015/NĐ-CP dated November 15, 2015 of the Government detailing certain provisions and measures to implement the Law on Civil Status Records;

Pursuant to the Law on Representative Offices of the Socialist Republic of Vietnam Abroad No. 33/2009/QH12 dated June 18, 2009; Law amending and supplementing certain provisions of the Law on Representative Offices of the Socialist Republic of Vietnam Abroad No. 19/2017/QH14 dated November 21, 2017;

Pursuant to Decree number 123/2015/NĐ-CP dated November 15 the 11 year The Minister of Foreign Affairs issues this Circular guiding the registration and management of civil status records at Diplomatic Missions and Consular Offices of Vietnam abroad as follows:organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular. This Circular provides detailed guidance on Article 3 and Article 53 of the Law on Civil Status Records regarding the registration of civil status records for Vietnamese citizens residing abroad; re-registering birth, marriage, death; issuing certified copies of civil status records; issuing Certificates of Marital Status for Vietnamese citizens residing abroad; state management of civil status records; management of electronic civil status record databases and online civil status record registration at Diplomatic Missions and Consular Offices of Vietnam abroad (hereinafter referred to as Diplomatic Missions) in accordance with the Law on Civil Status Records, Decree number 123/2015/NĐ-CP dated November 15, 2015 of the Government detailing certain provisions and measures to implement the Law on Civil Status Records (hereinafter referred to as Decree number 123/2015/NĐ-CP) and Decree number 87/2020/NĐ-CP dated July 28, 2020 of the Government on electronic civil status record databases and online civil status record registration (hereinafter referred to as Decree number 87/2020/NĐ-CP).;

Pursuant to Decree No. 87/2020/NĐ-CP dated July 28, 2020, issued by the Government, regarding the electronic household registration database and online household registration;

Pursuant to Decree No. 47/2020/NĐ-CP dated April 9, 2020, issued by the Government, on the management, connection, and sharing of digital data of state agencies;

Pursuant to Decree No. 81/2022/NĐ-CP dated October 14, 2022, issued by the Government, on the functions and tasks of the Ministry of Foreign Affairs;

At the proposal of the Director of the Consular Department,

1. Diplomatic Missions shall carry out civil status record registrations as prescribed in Article 3 of the Law on Civil Status Records, re-registering births, marriages, deaths; issue certified copies of civil status records from Civil Status Record Books or electronic civil status record databases; issue Certificates of Marital Status for Vietnamese citizens residing abroad in accordance with Vietnamese law, the law of the receiving country, and international treaties to which Vietnam is a party.

PART I

GENERAL PROVISIONS

The submission, acceptance of applications, and issuance of results for civil status record registration at Diplomatic Missions shall be carried out in accordance with Article 3 of Decree number 123/2015/NĐ-CP, Article 12 of Decree number 87/2020/NĐ-CP, Articles 2, 3, 4, and 5 of Circular number 04/2020/TT-BTP dated May 28, 2020 of the Ministry of Justice detailing certain provisions of the Law on Civil Status Records and Decree number 123/2015/NĐ-CP dated November 15, 2015 of the Government detailing certain provisions and measures to implement the Law on Civil Status Records (hereinafter referred to as Circular number 04/2020/TT-BTP), and the following guidelines:

Article 2. Authority for Registering Household Records

2. When requesting civil status record registration procedures at Diplomatic Missions, the applicant must present the original of one of the following documents: passport or substitute travel document, identity card, citizen identification card, Citizen Card, or other document with a photograph and personal information issued by an authorized agency that remains valid; such documents are used to prove identity; proof of residence in the host country (if available). Diplomatic Missions will check, take photographs, and confirm the accuracy of the copies against the originals for file retention. In cases where applications are submitted via postal service, copies of these documents must be submitted with valid certification.

2. For countries where Vietnam has two or more representative bodies, the authority for registering household records belongs to the representative body in the consular district where the person requesting the service resides.

3. For countries or territories without a representative body, the registration of household records shall be carried out at the representative body in the country of concurrent accreditation or the most convenient representative body.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

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

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

3. Vietnamese citizens residing temporarily abroad are those who hold Vietnamese nationality and work, study, labor, or reside for a limited period outside Vietnam.

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

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

If the applicant is a Vietnamese citizen who has been issued a Citizen Identification Card or Citizen Card with a unique identification number, they may present the original of such document (if submitting directly) or submit a copy of it (if submitting via postal service or through the online civil status record registration system) to prove identity when technical infrastructure allows Diplomatic Missions to connect to the National Population Database.

1. The household registration application may be submitted directly, through postal services, or via the online household registration system.

Documents issued by competent authorities of the host country for use in civil status record registration at Diplomatic Missions do not require consular legalization. In cases of doubt about the authenticity of the documents, Diplomatic Missions may request that the documents be certified by the competent authority.

4. When issuing the results of civil status record registration, if the applicant collects the results in person, the issuer is responsible for guiding the applicant to check the contents of the civil status record documents and the Civil Status Record Book. If the applicant finds the content correct and consistent with the application for civil status record registration, they must sign and write their full name in the Civil Status Record Book; in cases where the results are collected via postal service or received electronically through the online public service system, signing the Civil Status Record Book is not required, except as provided in Clause 6 of this Article.

5. For the following civil status record matters, the applicant must be present at the Diplomatic Mission to sign the Civil Status Record Book and collect the results: birth registration; marriage registration; guardianship; acknowledgment of parentage; correction and amendment of civil status records, determination of nationality, supplementation of civil status record information; death registration.

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

Foreign language documents in the household registration application must be translated into Vietnamese or English and notarized or authenticated according to the law.

When processing civil status record registration requests, Diplomatic Missions shall use the corresponding forms and Civil Status Record Books issued by the Ministry of Justice pursuant to Circular number 04/2020/TT-BTP in cases of direct civil status record registration and Circular number 01/2022/TT-BTP dated January 4, 2022 of the Minister of Justice detailing certain provisions and measures to implement Decree number 87/2020/NĐ-CP dated July 28, 2020 of the Government on electronic civil status record databases and online civil status record registration, Circular number 03/2023/TT-BTP dated August 2, 2023 amending and supplementing certain contents of Circular number 01/2022/TT-BTP dated January 4, 2022 (hereinafter referred to as Circular number 01/2022/TT-BTP) in cases of online civil status record registration.

REGISTRATION OF BIRTH RECORDS

For other household matters, the person requesting household registration may choose to receive the result in accordance with one of the methods stipulated in Clause 4 of Article 12 of Decree No. 87/2020/ND-CP.

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

Article 5. Use of Forms and Household Registers

When handling registration requests for household records, the representative agency shall use the forms and Household Record books issued by the Ministry of Justice accompanying Circular number 04/2020/TT-BTP in cases of direct registration and Circular number 01/2022/TT-BTP dated January 4, 2022 of the Minister of Justice detailing certain provisions and measures to implement Decree number 87/2020/NĐ-CP dated July 28, 2020 of the Government on electronic household record databases and online household registration, and Circular number 03/2023/TT-BTP dated August 2, 2023 amending and supplementing certain contents of Circular number 01/2022/TT-BTP dated January 4, 2022 (hereinafter referred to as Circular number 01/2022/TT-BTP) in cases of online registration.

Chapter II

HOUSEHOLD REGISTRATION

Section 1

BIRTH REGISTRATION

The consular agency in the region where the father or mother of the child resides or where the child was born shall register the birth of the child born abroad who has not been registered with the competent foreign authority and falls under one of the following cases:

a) Having both parents as Vietnamese citizens;

b) Having one parent as a Vietnamese citizen and the other as stateless;

c) Having the mother as a Vietnamese citizen while the father's identity is unknown;

d) Having one parent as a Vietnamese citizen and the other as a foreign citizen, with a written agreement between the parents to choose Vietnamese nationality for their child when registering the birth.

Article 7. Procedures for Birth Registration

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

a) A birth registration form (according to the model);

b) Birth certificate or other documents issued by the competent foreign authority confirming the birth of the child and the mother-child relationship. In case these documents are unavailable, submit a statement from a witness confirming the birth; if there is no witness, a sworn declaration about the birth must be provided.

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

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

d) If the parents of the child have registered their marriage, they must present documents proving the marital relationship, except when both parents are Vietnamese citizens with personal identification numbers, have registered their marriage or recorded it in the marriage registration book at the competent Vietnamese authority and the Consular Agency has connected to the electronic household registry database.

2. Immediately upon receiving the application, the consular officer is responsible for checking the entire application, verifying the information within the application; if the birth registration information is complete and valid, the consular officer will record the birth details in the birth registration book; submit the Birth Registration Certificate for signature by the head of the Consular Agency. The result of the birth registration application will be processed according to the provisions of Clause 6, Article 4 of this Circular.

3. In cases where the Consular Agency uses the common electronic household registry registration and management software, the creation and updating of birth registration information into the system and issuance of Personal Identification Numbers for the person being registered should be done before recording in the Birth Registration Book, issuing the Birth Registration Certificate, and delivering the results to the applicant according to the regulations.

4. The content of the birth registration is determined according to the provisions of Article 14 of the Household Registry Law, Clause 1, Article 4 of Decree No. 123/2015/NĐ-CP, Articles 6, 29, and 31 of Circular No. 04/2020/TT-BTP, and the guidance below:

a) In cases where the father cannot be identified, the surname, ethnicity, and place of origin of the child will be determined based on those of the mother; the section regarding the father in the Birth Registration Book and Birth Registration Certificate will remain blank;

b) In cases where the father requests to acknowledge paternity at the time of birth registration, the Consular Agency will handle the acknowledgment of paternity and birth registration simultaneously. The procedures and requirements for combined birth registration and paternity acknowledgment are carried out according to the provisions of Clauses 2 and 3 of this Article and Articles 13 and 14 of this Circular. The Consular Agency will issue simultaneously the Extract of Acknowledgment of Paternity and Birth Registration Certificate to the applicant;

c) In cases where the parents cannot determine some of the birth information (such as ethnicity and place of origin), the corresponding sections in the Birth Certificate and Birth Registration Book shall remain blank.

d) In cases where the child was born before the parents' marriage registration, if the parents acknowledge the child as theirs during the birth registration, the father's information will be directly recorded on the child's Birth Registration Certificate without the need for separate paternity acknowledgment procedures.

Section 2

REGISTRATION OF MARRIAGE

Article 8. Authority for Marriage Registration

The consular authority in the area where either the male or female Vietnamese citizen resides shall perform the registration of marriage between Vietnamese citizens residing abroad with each other or with foreign nationals.

Article 9. Documents for Marriage Registration

Both male and female parties requesting marriage registration must submit the following documents:

1. Application for marriage registration (according to the model); both male and female parties may jointly fill out one application form.

2. In cases where the party seeking marriage is a Vietnamese citizen, they must submit the following documents proving their marital status:

a) In cases where Vietnamese citizens have resided in Vietnam and reached the legal age for marriage as stipulated by the Vietnamese Marriage and Family Law before leaving the country, they must submit a Certificate of Marital Status issued by the People's Committee of the commune, ward, or town (hereinafter referred to as the People's Committee of the commune) where they resided before departure. In cases where the citizen's information has been updated into the National Population Database and the Consular Agency uses the common electronic household registry registration and management software, online information retrieval will be conducted according to the guidelines of the Ministry of Justice and the Ministry of Public Security to determine the marital status of the person requesting administrative procedures, without requiring the citizen to submit a Certificate of Marital Status.

b) In cases where Vietnamese citizens have resided in multiple countries, they must also submit a Certificate of Marital Status issued by the Consular Agency in the region where they previously resided. In cases where confirmation of marital status cannot be obtained from previous places of residence, the individual must submit a sworn statement regarding their marital status during their stay in those places and bear legal responsibility for the contents of the statement.

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

Example: I am Nguyen Van A, holding passport number ..., currently residing at ..., hereby declare that during my stay at ..., from ... to ..., and during my stay at ..., from ... to ..., I did not register a marriage with anyone. I hereby accept legal responsibility for the contents of this declaration under Vietnamese law.

c) For Vietnamese citizens who simultaneously hold foreign nationality, they must submit a document proving their marital status issued by the competent authority of the country of which they are a national.

d) In cases where Vietnamese citizens reside abroad but do not concurrently hold foreign citizenship or Vietnamese citizens concurrently hold foreign citizenship but reside in a third country, they must submit documents proving their marital status issued by the competent authority of the country where they reside;

đ) In cases where Vietnamese citizens have divorced or annulled their marriage at a competent foreign authority, they must submit a copy of the household registry extract regarding the entry in the household registry of the divorce or annulment of the marriage (Divorce Note).

3. In cases where either the male or female party is a foreign national, they must submit a document proving their current marital status confirming that they are not married.

In cases where foreign law does not provide for the issuance of documents proving marital status, such documents will be replaced by certificates issued by a competent foreign authority confirming that the individual meets the conditions for marriage under that law.

The validity period of documents proving the marital status of foreigners is determined according to the date indicated on the document. In cases where the document proving the marital status of foreigners does not indicate a validity period, the document will be valid for six months from the date of issuance.

4. In the case where a Vietnamese citizen temporarily residing abroad marries another Vietnamese citizen permanently residing abroad or a foreigner; or where two Vietnamese citizens permanently residing abroad marry each other or a foreigner, the male and female parties must submit an additional Certificate issued by a competent health organization in Vietnam or abroad within no more than six months, confirming that they are not suffering from mental illness or any other disease that impairs their capacity to understand and control their actions.

Article 10. Procedure for Registering Marriage

1. Within ten working days from the date of receiving complete and valid application files, the consular officer shall review and examine the files, and if necessary, conduct verification. If the files are complete and valid, and the examination and verification results show that the parties registering for marriage meet the legal conditions for marriage, the consular officer shall report to the Head of the Diplomatic Mission to sign two original Marriage Registration Certificates.

2. Within three working days from the date the Head of the Diplomatic Mission signs the Certificate of Marriage, the Diplomatic Mission shall organize the issuance of the Certificate of Marriage to both male and female parties.

Both male and female parties must be present at the Diplomatic Mission's office when registering for marriage. The consular officer shall ask both parties about their intentions; if the parties voluntarily agree to marry, the officer shall record the marriage in the Marriage Registration Book, have both parties sign the Marriage Registration Book, and guide them to sign the Marriage Registration Certificate. The Head of the Diplomatic Mission shall issue one original Marriage Registration Certificate to each party. A copy of the Marriage Registration Certificate (extract) may be issued upon request.

3. In cases where one or both male and female parties cannot be present to receive the Marriage Registration Certificate as notified by the Diplomatic Mission, they must submit a written request for an extension of the time for issuing the Marriage Registration Certificate. The extension period shall not exceed sixty days from the date the Marriage Registration Certificate was signed and issued.

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

If both male and female parties still wish to marry each other afterwards, they must go through the marriage registration procedure again from the beginning.

Section 3

REGISTRATION OF GUARDIANSHIP

Article 11. Authority for Registering, Changing, and Terminating Guardianship

The Diplomatic Mission in the consular area where the guardian or the person under guardianship is a Vietnamese citizen resides shall implement the registration of guardianship between Vietnamese citizens residing abroad with each other.

The Diplomatic Mission where the guardianship has been registered shall implement the registration of changes and termination of guardianship.

Article 12. Procedures for Registering Guardianship, Terminating Guardianship, and Changing Guardianship

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

Section 4

REGISTRATION OF ACKNOWLEDGEMENT OF PARENTAGE AND CHILD

Article 13. Authority for Registering Acknowledgment of Parents and Children

The Diplomatic Mission in the consular district where the person to be acknowledged resides shall handle the registration of acknowledgment of parentage between Vietnamese citizens residing abroad or between a Vietnamese citizen and a foreigner residing abroad.

Article 14. Procedures for Registering Acknowledgment of Parents and Children

1. The party requesting the registration of acknowledgment of parents and children must submit the following documents:

a) Application form for registering acknowledgment of parents and children (according to the model).

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

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

In case there is no such written confirmation, the parties acknowledging the parent-child relationship shall establish a written declaration about the parent-child relationship, with at least two witnesses confirming the parent-child relationship.

2. Within seven days from the date of receiving complete and valid application files, the consular officer shall examine the files and simultaneously post the notice of acknowledgment of parentage at the Diplomatic Mission's office. If the acknowledgment of parentage is found to be correct, compliant with the law, and without disputes, the consular officer shall report to the Head of the Diplomatic Mission to sign the original Extract of Acknowledgment of Parentage Registration Certificate to be issued to the parties. An extract of the Acknowledgment of Parentage Registration Certificate (copy) may be issued upon request.

When registering acknowledgment of parentage, all parties must be present. The consular officer shall record the acknowledgment in the Acknowledgment of Parentage Registration Book, and have all parties sign the Acknowledgment of Parentage Registration Book. The Diplomatic Mission shall update the information of the parent in the original Birth Registration Certificate of the child (if applicable).

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

3. In cases where the child is a Vietnamese citizen who has been registered for birth at an authorized Vietnamese agency, after registering acknowledgment of parentage, the Diplomatic Mission shall send a notification along with a copy of the Extract of Acknowledgment of Parentage Registration Certificate to the civil status registration agency that registered the birth of the child to make a note in the Birth Registration Book.

Section 5

REGISTRATION OF CHANGE, CORRECTION, SUPPLEMENTATION OF CIVIL STATUS, REDETERMINATION OF ETHNICITY REDEFINITION OF ETHNICITY

Article 15. Competence for Registration of Changes, Corrections, Supplements to Household Registration and Redetermination of Ethnicity

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

2. The Diplomatic Mission where the civil status of a Vietnamese citizen has been recorded in the civil status book and resolved at an authorized foreign agency also has the authority to resolve requests for change, correction, supplementation of civil status, and redetermination of ethnicity.

Article 16. Procedures for Registration of Changes, Corrections, Supplements to Household Registration and Redetermination of Ethnicity

1. The scope of changing civil status, procedures for registering change, correction, supplementation of civil status, and redetermination of ethnicity are implemented according to the provisions of Article 26, Article 28, Article 29, and Article 47 of the Civil Status Law, Clause 2 of Article 16, Article 17, Article 18, Article 19, Clause 2 of Article 20 of Circular No. 04/2020/TT-BTP.

2. In cases where the Civil Status Book has been transferred to the Consular Department, after registering the change, correction, supplementation of civil status, or redetermination of ethnicity, the Diplomatic Mission shall notify the Consular Department in writing along with a copy of the Extract of Change/Correction/Supplementation of Civil Status/Redetermination of Ethnicity for the Consular Department to make a note in the civil status book currently stored there.

Chapter 6

REGISTRATION OF DEATH

Article 17. Competence for Registration of Death

The Diplomatic Mission in the consular district where the deceased last resided shall handle the registration of death for a Vietnamese citizen who died abroad. In cases where the place of last residence of the deceased cannot be determined, the Diplomatic Mission in the consular district where the deceased died or where the body was discovered shall handle the registration of death.

Article 18. Procedures for Registration of Death

1. The person registering the death shall submit a Death Registration Form (in accordance with the model) and a death certificate or other documents replacing the death certificate issued by a competent foreign authority.

2. Immediately after receiving complete files, if the death registration is found to be correct, the consular officer shall record it in the Death Registration Book. The Head of the Diplomatic Mission shall sign the Death Registration Extract to be issued to the person registering the death. The issuance of results shall be carried out according to the provisions of Clause 6, Article 4 of this Circular. In cases requiring verification, the processing period shall not exceed three working days.

Section 7

RECORDING IN THE CIVIL STATUS BOOK OF CHANGES TO CIVIL STATUS BASED ON COURT JUDGMENTS, DECISIONS OF COMPETENT STATE AUTHORITIES

Article 19. Competence for Recording Changes to Household Registration Based on Judgments and Decisions of Competent Vietnamese Authorities

1. The Diplomatic Mission where the civil status events of a Vietnamese citizen were previously registered shall record changes to civil status based on the provisions of Clause 2, Article 3 of the Civil Status Law, based on notifications accompanied by extracts of judgments or copies of decisions of competent Vietnamese agencies transferred by the Consular Department.

2. In cases where the Household Register has been transferred to one volume at the Consular Department, the Consular Department shall also record the changes to household registration and the basis for such changes in the transferred Household Register.

Article 20. Procedures for Recording Changes to Household Registration Based on Judgments and Decisions of Competent Vietnamese Authorities

1. After receiving the notification accompanying the judgment extract and the copy of the decision transferred by the Consular Department, the consular officer shall record the content and basis for the change in the corresponding Household Register.

2. In cases where the Diplomatic Mission has not yet received notifications accompanied by extracts of judgments or copies of decisions transferred by the Consular Department but the person whose civil status information has changed provides a valid judgment extract or decision copy that has taken legal effect, the Diplomatic Mission shall also record the changes in the Civil Status Book according to the provisions of Clause 1 of this Article, while noting the content of the change on the back of the original civil status document.

Section 8

REGISTRATION AGAIN OF BIRTH, MARRIAGE, DEATH

Article 21. Competence for Re-registration of Birth, Marriage, and Death

The Diplomatic Mission which had previously registered births, deaths, and marriages before January 1, 2016, but where the Civil Status Book and original civil status documents are lost, shall carry out the registration again of births, deaths, and marriages. The re-registration of births and marriages can only be carried out if the applicant is still alive at the time of submitting the application.

Article 22. Procedures for Re-registering Birth, Marriage, and Death

1. Upon receipt of a request for re-registration, the consular officer shall check the Household Register and the retained household registration file at the representative agency.

In the case where the previous household registration was at the Diplomatic Agency but the Household Register is no longer available, within two working days from the date of receiving all valid documents, the Diplomatic Agency shall be responsible for sending a request for verification regarding the retention of the Household Register to the Consular Department. Within five working days from the date of receipt of the verification request, the Consular Department shall send the verification results to the Diplomatic Agency.

If there is a retained Household Register at the representative agency or the Consular Department, the representative agency will guide the applicant to follow the procedures for requesting a certified copy of the household record according to the regulations.

2. The procedures for re-registering birth shall be implemented in accordance with Article 26 of Decree No. 123/2015/ND-CP and Articles 9 and 10 of Circular No. 04/2020/TT-BTP.

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

Section 9

RECORDING HOUSEHOLD REGISTRATION MATTERS OF VIETNAMESE CITIZENS WHO HAVE BEEN RESOLVED BY AUTHORITIES OF FOREIGN COUNTRIES

MALE HAS BEEN RESOLVED BY THE AUTHORIZED AGENCY IN

FOREIGN COUNTRY

Article 23. Entry into the Household Register of Birth

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

Article 25. Entry into the Household Register of Marriage

1. The conditions for recording in the Household Register the marriage of a Vietnamese citizen that has been resolved by the competent authority of a foreign country abroad (hereinafter referred to as the marriage note) shall be carried out in accordance with the provisions of Article 34 of Decree No. 123/2015/NĐ-CP.

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

3. Documents for the entry of marriage include:

a) A marriage entry form (according to the model);

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

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

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

5. If the marriage registration request meets the conditions stipulated in Article 34 of Decree No. 123/2015/NĐ-CP, the consular officer shall record it in the Household Register. The head of the Diplomatic Agency shall sign and issue the original extract of the marriage note to the person making the request.

6. If the marriage falls under one of the cases specified in Clause 1 of Article 36 of Decree No. 123/2015/NĐ-CP, the head of the Diplomatic Agency shall refuse to record the marriage in the Household Register, notify in writing, specifying the reasons and send it to the person making the request.

Article 26. Recording Divorce and Annulment of Marriage Resolved by Foreign Authorities in the Household Register

1. The divorce or annulment of marriage of a Vietnamese citizen that has been resolved by the competent authority of a foreign country shall be recorded in the Household Register (hereinafter referred to as the divorce note) at the Diplomatic Agency if it complies with the provisions of Clause 1 of Article 37 of Decree No. 123/2015/NĐ-CP.

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

3. The divorce note dossier includes:

- A divorce note application form (in accordance with the model);

- A copy of the divorce judgment, decision, or agreement, or other document recognizing the divorce issued by the competent authority of a foreign country (hereinafter referred to as the divorce document).

4. Within five working days from the date of receiving all valid files as stipulated in Clause 3 of this Article, the consular officer shall review the file. If the divorce note does not violate the provisions of Clause 1 of Article 37 of Decree No. 123/2015/NĐ-CP or does not fall under the cases published on the Ministry of Justice's online portal as stipulated in Clause 3 of Article 37 of Decree No. 123/2015/NĐ-CP, the consular officer shall record it in the Household Register. The head of the Diplomatic Agency shall sign and issue the original extract of the divorce note to the person making the request.

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

If the request for recording the divorce note does not meet the conditions stipulated, the Diplomatic Mission shall reject the recording of the divorce note and notify the applicant.

5. Updating Information on the Divorce Note

a) In the case where the previous marriage was registered with the domestic household registration office, after recording the divorce note, the Diplomatic Agency shall send a notification along with a copy of the divorce note to the Consular Department to inform the previous marriage registration office to record it in the Household Register.

b) If the previous marriage was registered with another Diplomatic Agency, after recording the divorce note, the Diplomatic Agency shall send a notification along with a copy of the divorce note to the Diplomatic Agency that previously registered the marriage to record it in the Household Register.

Article 27. Record in the Household Register matters of guardianship; acknowledgment of parentage and children; determination of parentage and children; adoption of a child; death registration and other changes to household registration of Vietnamese citizens that have been resolved at competent authorities of foreign countries.

1. The consular office in the area where Vietnamese citizens reside shall record in the Household Register matters of guardianship; acknowledgment of parentage and children; determination of parentage and children; adoption of a child; death registration and other changes to household registration of Vietnamese citizens that have been resolved at competent authorities of foreign countries (hereinafter referred to as recording other household registration matters).

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

a. An application form (in accordance with the model);

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

3. After receiving all required documents, the consular officer records in the Household Register. The head of the consular office signs and issues an extract from the Household Register for other household registration matters.

For the case of recording adoption, after recording in the book, the Diplomatic Mission shall issue the Extract of the Record of Adoption Resolved by Competent Authorities Abroad.

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

Section 10

ISSUING COPIES OF EXTRACTS FROM THE HOUSEHOLD REGISTER

Article 28. Competence to Issue Certified Copies of Household Registration Records

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

2. In cases where an individual has registered their household status with the agency abroad and now resides in Vietnam, the Consular Department shall issue certified copies of household registration records.

Article 29. Procedures for Issuing Certified Copies of Household Registration Records

2. The issuance of certified copies of household registration records by the Consular Department shall be carried out in accordance with the provisions of Clause 1 of this Article.

In case the Consular Department has not yet received the Household Register from the consular office for storage, after receiving the file, the Consular Department shall request the consular office to provide information. The consular office shall be responsible for replying to the Consular Department within three working days from the date of receiving the verification request. Within two working days from the date of receiving the reply from the consular office, the Consular Department shall issue copies of extracts to the requester.

Section 11

ISSUING CERTIFICATES OF MARRIAGE STATUS

Article 30. Competence to Issue Certificates of Marital Status

The consular agency in the area where Vietnamese citizens reside shall issue certificates of marital status for Vietnamese citizens for purposes of marriage or other purposes.

Article 31. Procedures for Issuing Certificates of Marital Status

The issuance of certificates of marital status shall be carried out in accordance with the provisions of Articles 21, 22, and 23 of Decree No. 123/2015/ND-CP, Article 12 of Circular No. 04/2020/TT-BTP, and the following guidelines:

1. The person requesting a certificate of marital status must submit the following documents:

a) A declaration form for issuing a certificate of marital status (according to the model);

b) In cases where the requester has had a spouse but has divorced, they must submit a certified copy of the divorce decree that has taken legal effect; in cases where the husband or wife has died, they must submit a certified copy of the Death Certificate or other documents proving their death.

If the case falls under Clause 1 of Article 26 of this Circular, a certified copy of the divorce annotation must be submitted.

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

- A certificate of marriage status issued by the People's Committee of the commune where the person resided before departure, if before departure the Vietnamese citizen was of age to marry according to the Law on Marriage and Family of Vietnam; in cases where the Vietnamese citizen registered marriage before departure but divorced or the spouse died after going abroad, this provision shall apply as stipulated in point b, Clause 1 of this Article.

- A certificate of marriage status issued by the consular office in the area where the Vietnamese citizen previously resided, if the Vietnamese citizen has resided in multiple places. In cases where it is impossible to obtain a certificate of marriage status from previous places of residence, the requester must submit a declaration regarding their marital status during the period of residence there and bear legal responsibility for the contents declared.

d) In cases where the requester is a Vietnamese citizen who has been assigned a personal identification number, whose information has been updated in the National Population Database, and the consular office has used the common electronic household registration management software, the consular office shall access the information online according to the guidelines of the Ministry of Justice and the Ministry of Public Security, and the requester does not need to submit the documents specified in points b and c, Clause 1 of this Article.

2. In cases where the certificate of marital status is requested for the purpose of marriage, the applicant must meet the marriage conditions stipulated by the Law on Marriage and Family of Vietnam.

3. Within three working days from the date of receiving complete valid files, the consular officer shall base on the Household Register and the files stored at the consular office to check the marital status of the applicant. If the conditions are met and the applicant requests issuance of a certificate of marriage status in accordance with the law, the consular officer shall record the information in the Household Register for issuing a certificate of marriage status, report to the head of the consular office for signature, and issue one copy of the certificate of marriage status to the applicant.

In cases where the certificate of marital status is requested for purposes other than marriage, the number of certificates issued shall be determined according to the applicant's request.

4. The content of the certificate of marital status shall be recorded in accordance with the guidelines set forth in Article 33 of Circular No. 04/2020/TT-BTP.

In cases where the request is for issuance of a certificate of marriage status for marriage at a competent authority of a foreign country, the consular office shall confirm the marital status of the applicant up to the date of issuance of the certificate.

In cases where the request is for issuance of a certificate of marriage status for marriage in Vietnam or for other purposes, based on the status of the file and the applicant's request, the consular office shall issue a certificate of marriage status up to the date of issuance or within a certain period.

5. In cases where the applicant requests reissuance of a certificate of marriage status for marriage and cannot return the previously issued certificate of marriage status, the applicant must clearly state the reasons for not being able to return the certificate. Within three working days from the date of receiving the file, the consular office shall send a letter to the Consular Department to communicate with the previous intended marriage registration place for verification. In cases where verification is not possible or no verification results are received, the consular office shall allow the applicant to prepare a declaration regarding their marital status according to Articles 4 and 5 of Circular No. 04/2020/TT-BTP.

Chapter III

MANAGEMENT OF THE HOUSEHOLD REGISTER, HOUSEHOLD DOCUMENTS,

REPORTING AND STATISTICAL ANALYSIS OF HOUSEHOLD REGISTRATION

Article 32. Management and use of Household Registration Books and household registration documents

The method of recording the Household Register, household documents; the management and use of the Household Register shall be carried out in accordance with the provisions of Section 2 Chapter II of Decree No. 123/2015/NĐ-CP, Article 15 of Decree No. 87/2020/NĐ-CP, and Articles 29 to 37 of Circular No. 04/2020/TT-BTP.

Article 33. Archiving of household registration files

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

Article 34. Reporting and statistics of household registration data

1. The representative office has the responsibility to send reports on the situation of household registration and statistics of household data to the Consular Department for consolidation and submission to the Ministry of Justice.

2. By no later than March 1st each year, the representative office has the responsibility to send reports on the situation of household registration and statistics of household data of the previous year to the Consular Department for consolidation and submission to the Ministry of Justice.

Consolidated reports and statistics of household data at representative offices shall be submitted by the Ministry of Foreign Affairs to the Ministry of Justice before March 15th.

3. Issued together with this Circular are statistical forms of the consular office and consolidated statistical forms of the Ministry of Foreign Affairs sent to the Ministry of Justice.

Chapter IV

ELECTRONIC HOUSEHOLD DATABASE, ONLINE HOUSEHOLD REGISTRATION

AT CONSULAR OFFICES

Article 35. General Principles

1. After meeting the connection conditions, the consular office shall use the common electronic household registration management software to register household, update, digitize, standardize, and manage household data, and exploit and utilize the electronic household database.

2. The consular office shall exploit and utilize the electronic household database to register household within its jurisdiction; issue copies of extracts from the Household Register; issue certificates of marriage status; compile household registration statistics, and perform other administrative management activities in the field of household registration as prescribed by law.

Article 36. Updating and Adjusting Personal Household Information in the Electronic Household Registration Database

1. All personal civil status events registered in the Civil Status Book must be promptly, fully, and accurately updated in the Electronic Civil Status Database. The information to be updated includes the civil status information of the individual and that of their parents, spouse, or children when there is a change due to marriage, alteration, correction of civil status, supplementation of civil status information, re-determination of ethnicity, acknowledgment of parentage, guardianship, adoption, death registration; recording in the Civil Status Book changes to civil status according to judgments or decisions of competent state agencies; recording in the Civil Status Book the resolution of civil status for Vietnamese citizens processed at competent foreign authorities.

2. The representative office is responsible for the accuracy and completeness of the information updated into the electronic household registration database within the scope of its authority for household registration.

Article 37. Submission, Acceptance, and Delivery of Results of Online Household Registration Requests

1. The submission, acceptance, and processing of online civil status registration requests at diplomatic missions shall be carried out in accordance with the guidelines and procedures stipulated in Clauses 1, 2, and 3 of Article 12 of Decree No. 87/2020/ND-CP and Clauses 1, 2, 3, and 4 of Article 6 of Circular No. 01/2022/TT-BTP. Requirements for legalization of consular documents and translation of papers issued by foreign competent authorities shall be implemented in accordance with Clause 4 of Article 4 of this Circular.

2. The delivery of results of online household registration shall be carried out in accordance with Clause 4 and Clause 5 of Article 12 of Decree No. 87/2020/ND-CP and Clause 5 of Article 6 of Circular No. 01/2022/TT-BTP.

Article 38. Issuing Copies of Extracts from Household Registration Records from the Electronic Household Registration Database

Issuing copies of extracts from the Electronic Civil Status Database at diplomatic missions shall be conducted in accordance with Clause 1 and Clause 3 of Article 13 of Decree No. 87/2020/ND-CP and Article 7 of Circular No. 01/2022/TT-BTP.

Article 39. Digitization of Household Registration Books

1. The civil status information to be digitized is that which has been registered in the Civil Status Books prior to the date when the diplomatic mission officially implements and uses the shared electronic civil status registration and management software.

2. The diplomatic mission is responsible for the accuracy and completeness of the digitized civil status data according to the technical documentation on the digitization process of the Ministry of Justice and shall notify the Consular Department of the results of the digitization before officially updating the data into the Electronic Civil Status Database upon completion of the digitization process.

3. The digitization of civil status data must comply with regulations on privacy protection, personal confidentiality, family confidentiality, and relevant laws. The diplomatic mission is responsible for ensuring the security and safety of the digitized information.

Chapter V

IMPLEMENTATION

Article 40. Transitional Provisions

Civil status registration files received by the diplomatic mission before the effective date of this Circular but not yet resolved shall continue to be processed in accordance with Joint Circular No. 02/2016/TTLT-BNG-BTP dated June 30, 2016, of the Ministry of Foreign Affairs and the Ministry of Justice guiding the registration and management of civil status at diplomatic missions and consular offices of Vietnam abroad.

Article 41. Effective Date

1. This Circular shall take effect from February 15, 2024.

2. Repeal the provisions of Joint Circular No. 02/2016/TTLT-BNG-BTP dated June 30, 2016, of the Ministry of Foreign Affairs and the Ministry of Justice guiding the registration and management of civil status at diplomatic missions and consular offices of Vietnam abroad.

3. During implementation, if there are difficulties or new matters arise, the Representative Office shall promptly report to the Ministry of Foreign Affairs for timely guidance./.