Decree No. 07/2025/NĐ-CP Amending and supplementing certain articles of decrees in the field of household registration, nationality, and notarization

DECREE
Amending and supplementing certain articles of Decrees in the field of

civil status, nationality, notarization

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Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law amending and supplementing certain articles of the Law on Organization of the Government andthe Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Civil Code on November 24, 2015;

Based on the Household Registration Law dated November 20, 2014;

Based on the Nationality Law of Vietnam dated November 13, 2008; the Law Amending and Supplementing Some Articles of the Nationality Law of Vietnam dated June 24, 2014;

At the proposal of the Minister of Justice:

The Government promulgates this Decree amending and supplementing certain articles of Decrees in the field of civil status, nationality, and notarization.

Article 1. Amending and supplementing certain articles of Decree No. 23/2015/NĐ-CP dated February 16, 2015 of the Government on issuing certified copies from original registers, certifying true copies from original documents, certifying signatures, and certifying contracts and transactions.

1. Amending and supplementing Point a Clause 2 Article 5 as follows:

"a) Certifying true copies from original documents issued or certified by competent authorities in Vietnam; competent authorities in foreign countries; competent authorities in Vietnam collaborating with competent authorities in foreign countries;"

2. Amending and supplementing Clause 1 of Article 36 as follows:

"1. The person requesting certification shall present the original or a certified true copy of the Identity Card/Citizen Identification Card/Citizen Card/Certificate of Citizen Identification or Passport, travel documents/international travel documents still valid for use, or present the Electronic Citizen Identification and submit one set of application documents for certification, including the following documents:

a) Draft contract or transaction;

b) Certified true copy accompanied by the original for comparison of the certificate of ownership, right to use, or other documents recognized by law as property rights that must be registered according to law in cases where the contract or transaction involves such assets; except in cases where the testator is threatened with death."

3. Replacing the phrase "original or certified true copy of the Identity Card or Passport still valid for use" in Clauses 1 of Article 17, Clause 1 of Article 24, Clause 2 of Article 31, and Clause 2 of Article 40 with the phrase "original or certified true copy of the Identity Card/Citizen Identification Card/Citizen Card/Certificate of Citizen Identification/Passport/travel documents/international travel documents still valid for use or Electronic Citizen Identification."

4. Replacing the phrase "Identity Card or Passport" in Clause 2 of Article 25, and the phrase "Identity Card/Passport" in the model statement and model certification book with the phrase "Identity Card/Citizen Identification Card/Citizen Card/Electronic Citizen Identification/Certificate of Citizen Identification or Passport/travel documents/international travel documents."

Article 2. Amending and supplementing certain articles and sections of Decree No. 123/2015/NĐ-CP dated November 15, 2015 of the Government detailing certain provisions and implementing measures of the Civil Status Registration Law.

1. Amend and supplement Article 1 as follows:

"Article 1. Scope of Regulation

This Decree details certain provisions of the Civil Status Registration Law regarding birth registration, marriage registration, management and use of Civil Status Books during the transitional period when the Civil Status Electronic Database and National Population Database have not been uniformly operational nationwide (hereinafter referred to as the transitional period); birth registration for abandoned children, children whose parents are unknown, children born through surrogacy; birth, marriage, acknowledgment of parentage, death registration in border areas; issuance of Certificate of Marital Status; registration for supervision of guardianship, registration for termination of guardianship supervision; birth registration for children born abroad who have not been registered for residence in Vietnam; marriage registration involving foreign elements at district-level People's Committees; recording in the Civil Status Book marriage, divorce, annulment of marriage of Vietnamese citizens resolved by foreign competent authorities; re-registration of birth, marriage, death; arrangement of judicial officers responsible for civil status registration work and certain implementation measures of the Civil Status Registration Law."

2. Amending and supplementing Clause 1 and Clause 2 of Article 2 as follows:

"1. The person requesting civil status registration or issuance of certified extracts from civil status records shall present the original of one of the following documents: passport, identity card, Citizen Identification Card, Citizen Card, Electronic Citizen Identification, Certificate of Citizen Identification, or other documents with photograph and personal information issued by a competent authority, still valid for use (hereinafter referred to as personal identification documents) to prove their identity.

2. The person requesting birth registration must submit the Birth Certificate or substitute documents for the Birth Certificate as prescribed in Clause 1 of Article 16 of the Civil Status Registration Law; the person requesting death registration must submit the Death Certificate or substitute documents for the Death Certificate as prescribed in Clause 1 of Article 34 of the Civil Status Registration Law and Clause 2 of this Decree.

In case the person has already submitted the electronic version of the Birth Certificate or Death Certificate, or the civil status registration office has accessed the electronic data signed with digital signature of the Birth Certificate or Death Certificate, there is no need to submit the paper version."

3. Amend and supplement Article 3 as follows:

a) Amending and supplementing the name of Article 3 as follows: Methods of submitting, receiving applications for civil status registration, conducting verification when processing civil status registration applications.

b) Amending and supplementing Clause 1 of Article 3 as follows:

"1. The person requesting civil status registration may submit the application directly to the civil status registration office, send the application via the postal service, or register online in accordance with the law on online civil status registration.

The application for civil status registration shall be prepared in one set."

c) Supplementing Clause 5 of Article 3 as follows:

"5. For requests for birth registration where the parents have registered their marriage, based on the information provided in the Application for Birth Registration regarding the Marriage Certificate, the civil status registration office shall be responsible for checking the marital status of the parents on the Administrative Procedure Information System at the provincial level through connection with the Civil Status Electronic Database and the National Population Database.

For requests for marriage registration, the civil status registration office shall check the marital status of the person requesting marriage registration on the Administrative Procedure Information System at the provincial level through connection with the Civil Status Electronic Database and the National Population Database.

The search results are stored in electronic form or printed copies, reflecting fully and accurately the information at the time of the search and attached to the applicant's file.

In cases where the marital status cannot be searched due to the absence of information in the Electronic Household Registry Database or the National Population Database, the household registration authority shall request the People's Committee of the commune where the applicant usually resides or where the marriage was registered to verify and provide the information. Within the deadline of (working days from the date of receipt of the verification request), the People's Committee of the commune receiving the verification request shall be responsible for verifying and sending the results regarding the marital status of that person.

4. Amend Point c Clause 1 Article 4 as follows:

"c) The individual identification number of the person being registered for birth is issued when registering for birth. The issuance of the individual identification number shall be carried out in accordance with the provisions of the Identity Card Law and detailed implementing regulations, on the basis of ensuring consistency with the Household Registration Law and this Decree;"

5. Amend Clause 2 Article 9 as follows:

"2. The person requesting to register for birth shall present the documents as prescribed in Clause 1 of Article 2 of this Decree."

6. Amend and supplement Clause 4 Article 22 as follows:

"4. In cases where the person requesting confirmation of marital status has previously registered permanent residence in different places, the person requesting shall provide the documents proving their marital status at the previous place of permanent residence (if any). Based on the provided information, the household registration authority shall search for information about the marital status of the person requesting confirmation of marital status through the Provincial Administrative Procedure Information System connected to the Electronic Household Registry Database and the National Population Database. If the information cannot be found due to the absence of information in the database, the household registration authority shall cooperate with relevant agencies to carry out verification. The deadline and method for sending verification requests shall be implemented in accordance with the provisions of Clause 5 Article 3 of this Decree."

7. Amend Clause 2 Article 23 as follows:

"2. The certificate of marital status may be used for marriage at Vietnamese representative offices abroad, competent authorities of foreign countries abroad, or for other purposes."

8. Supplement Section 5 Chapter 3 as follows:

"Section 5

REGISTRATION OF SUPERVISION OF GUARDIANSHIP, REGISTRATION OF TERMINATION OF SUPERVISION OF GUARDIANSHIP

Article 28a. Authority for Registration of Supervision of Guardianship, Registration of Termination of Supervision of Guardianship

1. The People's Committee of the commune where the person under guardianship resides shall implement the registration of supervision of guardianship.

2. The People's Committee of the commune which has registered supervision of guardianship shall implement the registration of termination of supervision of guardianship.

Article 28b. Procedures for Registration of Supervision of Guardianship

1. The person requesting registration of supervision of guardianship shall submit the Application Form for Registration of Supervision of Guardianship according to the prescribed model and the document serving as evidence of the agreement to appoint/select a supervisor of guardianship in accordance with the Civil Code to the competent household registration authority.

2. Within three working days from the date of receiving the application, if the conditions stipulated by law are met, the judicial officer - household registrar shall record in the Household Register and report to the Chairman of the People's Committee of the commune to issue an extract for the applicant.

In cases requiring verification, the processing period may be extended but not exceeding five working days from the date of receiving the application.

Article 28c. Procedure for registering the termination of supervision over guardianship

1. The person requesting to terminate the supervision over guardianship shall submit the Application Form for Terminating Supervision over Guardianship according to the prescribed model and supporting documents serving as the basis for terminating the supervision over guardianship to the competent household registration authority.

2. The procedure for registering the termination of supervision over guardianship shall be carried out similarly to the provisions stipulated in Clause 2 of Article 28b of this Decree.

3. The Application Forms, relevant Household Register and Extracts related to the registration of supervision over guardianship, and the registration of termination of supervision over guardianship shall be issued in accordance with the Appendix attached to this Decree.

9. Amend Clause 3 of Article 30 as follows:

"3. In addition to the documents specified in Clause 1 of this Article, if one of the parties to the marriage is a Vietnamese citizen who has divorced or had their marriage annulled at a competent authority abroad but through information retrieval in the Electronic Household Registration Database; through connectivity between the Provincial Administrative Procedure Information System and the Electronic Household Registration Database, the National Population Database does not show information about the divorce or annulment of the marriage, then the household registration authority shall guide the citizen to complete the procedure for recording the divorce/annulment of the marriage in the household register at a competent state agency before proceeding with the registration of marriage; if the person requesting to register the marriage is a civil servant, public official, or serving in the armed forces, they must submit a document from their managing agency or unit confirming that their marriage with a foreigner does not contravene the regulations of their profession."

10. Repeal Clause 1 of Article 10 of Decree No. 123/2015/NĐ-CP dated November 15, 2015 detailing certain provisions and measures for implementing the Household Registration Law.

Article 3. Amending and supplementing some articles of Decree No. 87/2020/NĐ-CP dated July 28, 2020 of the Government on the Electronic Household Registration Database and online household registration

1. Amend and supplement Clause 2 of Article 2 as follows:

"2. The common electronic household registration management software is the foundation of the Electronic Household Registration Database, including the electronic household registration and management software and various application and service software developed, designed, and provided by the Ministry of Justice for household registration and management agencies to perform household registration tasks, build, update, digitize, standardize, and manage household registration data, exploit, and utilize the Electronic Household Registration Database.

The common electronic household registration management software is connected and integrated with the National Public Service Portal, the Ministry of Justice's Administrative Procedure Information System, the Ministry of Foreign Affairs, and the Provincial Administrative Procedure Information System to support the receipt, processing, monitoring of the receipt, processing, and results of administrative procedures in the household registration field."

2. Amend Clause 2 of Article 8 as follows:

"2. The Ministry of Justice implements the connection and sharing of data between the Electronic Household Registration Database and other databases of ministries, sectors, and localities; exploits and utilizes the Electronic Household Registration Database to implement state management activities in the household registration field as prescribed by law."

3. Amend Point c of Clause 3 of Article 12 as follows:

"c) The household registration dossier can only be officially received for processing on the common electronic household registration management software after it has been completed, supplemented, and ensured to be fully compliant with legal regulations.

The time limit for administrative procedures shall be calculated from the date the dossier is officially received."

4. Amend Clause 1 and Clause 2 of Article 13 as follows:

"1. The competent authority as stipulated in Clauses 1, 3, and 4 of Article 8 of this Decree shall issue certified copies of household registration extracts upon request of individuals, regardless of the place where the household registration was registered and the place of residence of the requesting individual.

2. The competent authority as stipulated in Clauses 3 and 4 of Article 8 of this Decree shall issue confirmation of household registration information for cases where individuals request to extract information from multiple household registration entries, confirm different household registration information of themselves; organizations or agencies requesting to extract multiple household registration information of an individual or extract household registration information of multiple people."

5. Amend Clause 7 of Article 19 as follows:

"7. Issue directives, operational guidance, and timely resolution of issues related to the exploitation and utilization of the Electronic Household Registration Database for nationwide household registration."

Article 4. Amending and supplementing some provisions of Decree No. 16/2020/NĐ-CP dated February 3, 2020 of the Government detailing some articles and measures to implement the Law on Vietnamese Citizenship

1. Amending and supplementing some clauses and points of Article 10 as follows:

a) Amending the name of Clause 1 of Article 10 as follows:

"1. The documents specified in points b, d, đ, e, and g of Clause 1 of Article 20 of the Law on Vietnamese Citizenship are the following documents:"

b) Amending and supplementing Point c of Clause 1 of Article 10 as follows:

"c) A copy of the Birth Registration Certificate of the minor child who is applying for Vietnamese citizenship along with their parent(s), or other valid documents proving the parent-child relationship, in cases where the receiving authority cannot extract information proving the parent-child relationship from the Electronic Household Registry Database or the National Population Database."

In cases where only the father or mother applies for Vietnamese citizenship while the minor child lives with them, a consent agreement signed by both parents regarding the application for Vietnamese citizenship for the child must be submitted. The consent agreement does not require notarization; the person submitting the application for Vietnamese citizenship for the child shall bear responsibility for the accuracy of the other party's signature.

In cases where the father or mother has died, lost capacity to act, or is restricted in capacity to act, the consent agreement shall be replaced by documents proving that the father or mother has died, lost capacity, or is restricted in capacity to act;"

c) Supplementing Point e of Clause 1 of Article 10 as follows:

"e) The Department of Justice shall proactively request the management agency of the criminal record database to issue a Criminal Record Certificate for the person applying for Vietnamese citizenship during their residence in Vietnam to complete the application for Vietnamese citizenship, except when the applicant for Vietnamese citizenship already possesses a Criminal Record Certificate at the time of submission of the application.

This provision also applies to applications for resumption of Vietnamese citizenship and applications for renunciation of Vietnamese citizenship submitted to the Department of Justice."

d) Amending and supplementing Point a of Clause 2 of Article 10 as follows:

"a) In cases where there is a spouse who is a Vietnamese citizen, submit a copy of the Marriage Certificate or a Certificate of Marital Status; if there is a parent or child who is a Vietnamese citizen, submit a copy of the Birth Registration Certificate or other valid documents proving the parent-child relationship, in cases where the receiving authority cannot extract information proving marital status or parent-child relationships from the Electronic Household Registry Database or the National Population Database;"

2. Amending and supplementing Clause 1 and Clause 4 of Article 15 as follows:

"1. Documents proving that the person applying for resumption of Vietnamese citizenship once had Vietnamese citizenship according to point đ of Clause 1 of Article 24 of the Law on Vietnamese Citizenship are one of the following documents:

a) Documents proving that the President of the State allowed the renunciation of Vietnamese citizenship or deprived the person of Vietnamese citizenship;

b) Documents issued, confirmed, or recognized by competent authorities of Vietnam, which include the notation of Vietnamese citizenship or documents having value to prove the former Vietnamese citizenship of the person.

In cases where information about the previous Vietnamese citizenship status of the person applying for resumption of Vietnamese citizenship can be extracted from the Electronic Household Registry Database or the National Population Database, the receiving authority will not require the person to submit the above documents."

"4. In cases where a minor child is applying for resumption of Vietnamese citizenship along with their parents, submit a copy of the Birth Registration Certificate of the child or other valid documents proving the parent-child relationship, in cases where the receiving authority cannot extract information proving the parent-child relationship from the Electronic Household Registry Database or the National Population Database. In cases where only the father or mother applies for resumption of Vietnamese citizenship while the minor child lives with them, a consent agreement signed by both parents regarding the application for resumption of Vietnamese citizenship for the child must be submitted. The consent agreement must have signatures of both parents, which do not need to be notarized, but the person submitting the application for resumption of Vietnamese citizenship for the child shall bear responsibility for the accuracy of the other party's signature.

In cases where the father or mother has died, lost capacity to act, or is restricted in capacity to act, the consent agreement shall be replaced by documents proving that the father or mother has died, lost capacity, or is restricted in capacity to act."

3. Amending Clause 1 of Article 16 as follows:

"1. In cases where it is necessary to verify the identity of the person applying for resumption of Vietnamese citizenship according to Clause 3 of Article 25 of the Law on Vietnamese Citizenship, the Ministry of Justice shall issue a document clearly stating the contents requested for verification by the Ministry of Public Security."

4. Amend and supplement Article 18 as follows:

a) Supplementing Clause la after Clause 1 of Article 18 as follows:

"la. Documents proving that the person applying for renunciation of Vietnamese citizenship has Vietnamese citizenship are copies of the Vietnamese Passport, Citizen Identity Card, Citizen Card, Electronic Citizen Identity Card, Identity Card, or other documents prescribed in Article 11 of the Law on Vietnamese Citizenship, in cases where the receiving authority cannot extract information proving Vietnamese citizenship of the person applying for renunciation of Vietnamese citizenship from the Electronic Household Registry Database or the National Population Database."

b) Amending and supplementing Clause 3 of Article 18 as follows:

"3. A copy of the Birth Registration Certificate of the minor child who is applying for renunciation of Vietnamese citizenship along with their parent(s), or other valid documents proving the parent-child relationship, in cases where the receiving authority cannot extract information proving the parent-child relationship from the Electronic Household Registry Database or the National Population Database. In cases where only the father or mother applies for renunciation of Vietnamese citizenship while the minor child lives with them, a consent agreement signed by both parents regarding the application for renunciation of Vietnamese citizenship for the child must be submitted. The consent agreement does not require notarization; the person submitting the application for renunciation of Vietnamese citizenship for the child shall bear responsibility for the accuracy of the other party's signature.

In the case where the father or mother has died, lost capacity to act in civil matters, or is restricted in capacity to act in civil matters, the agreement shall be replaced by documents proving that the father or mother has died, lost, or is restricted in capacity to act in civil matters.

5. Amend Article 30 as follows:

"Article 30. Competence to issue Certificate of Vietnamese Nationality

The person requesting issuance of the Certificate of Vietnamese Nationality submits the application at the Department of Justice or the Representative Office where they reside at the time of submission."

6. Amend and supplement Point b Clause 1 Article 31 as follows:

"b) Documents with value to prove Vietnamese nationality as prescribed in
Article 11 of the Law on Vietnamese Nationality or similar documents issued by the previous authority, including Birth Certificates without a nationality section or where the nationality section is left blank but which bear the Vietnamese name of the applicant and their father and mother, in cases where the receiving agency cannot extract information proving the Vietnamese nationality of the applicant for the Certificate of Vietnamese Nationality from the Electronic Household Registration Database or the National Population Registry."

7. Amend Article 32 as follows:

"Article 32. Competence to issue Certificate of Vietnamese Origin

The person requesting issuance of the Certificate of Vietnamese Origin submits the application at the Department of Justice or the Representative Office where they reside at the time of submission."

8. Amend and supplement Point b Clause 1 Article 33 as follows:

"b) Documents issued previously to prove that the person once had Vietnamese nationality when their nationality was determined according to the principle of bloodline at birth or documents to prove that the person at birth had parents or grandparents who once had Vietnamese nationality, in cases where the receiving agency cannot extract such information from the Electronic Household Registration Database or the National Population Registry.

In the absence of any of the above documents, depending on specific circumstances, copies of personal identity, nationality, household registration documents issued by the old regime in South Vietnam before April 30, 1975 may be submitted; documents issued by the previous authority in Hanoi from 1911 to 1956; sponsorship letters from Vietnamese associations abroad where the person resides, confirming that the person has Vietnamese origin; sponsorship letters from persons with Vietnamese nationality, confirming that the person has Vietnamese origin; documents issued by foreign authorities indicating Vietnamese nationality or original Vietnamese nationality."

9. Supplement the phrase "Identity Card, Electronic Identity Card" after the phrase "Citizen Identity Card" in Clause 2 Article 4, Clause 2, Clause 3 and Clause 4 Article 24, Clause 1 and Clause 2 Article 26, Point a Clause 1 Article 29, Point a Clause 1 Article 31, Point a Clause 1 Article 33, Point e Clause 1 Article 35 and Clause 3 Article 36.

Article 5. Implementation Provisions

1. This Decree takes effect from the date of issuance.

2. Applications for certification, household registration, nationality received before the effective date of this Decree and not yet resolved shall continue to be processed in accordance with the provisions of Decree No. 23/2015/NĐ-CP and Decree No. 123/2015/NĐ-CP.

3. The Ministry of Justice shall be responsible for guiding the implementation of this Decree.

4. The Minister, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairpersons of People's Committees at all levels, and individuals, agencies, organizations related to this Decree shall be responsible for its implementation.