Circular No. 08.a/2010/TT-BTP on the issuance and guidance for recording, storing, and using household registration books and forms.

CIRCULAR

Regarding the issuance and guidance on recording, storing,

using household registration books and forms

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Pursuant to Decree No. 06/2012/NĐ-CP dated February 2, 2012 of the Government amending and supplementing certain articles of decrees on civil status, marriage and family, and notarization;

Pursuant to Decree No. 68/2002/NĐ-CP dated July 10, 2002 of the Government detailing the implementation of certain provisions of the Marriage and Family Law regarding marriage and family relations involving foreign elements, and Decree No. 69/2006/NĐ-CP dated July 21, 2006 of the Government amending and supplementing certain provisions of Decree No. 68/2002/NĐ-CP;

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

In order to ensure uniform management and use of household registration books and forms throughout the country and at Vietnamese representative offices abroad, the Ministry of Justice hereby issues and guides as follows,

Article 1. Scope of Regulation

This Circular promulgates types of household registration books and forms; guides the users; authority for printing and issuing; methods of recording household registration books and forms; closing the books and storing household registration books.

Article 2. Users of household registration books and forms

1. Vietnamese citizens, foreigners requesting resolution of household registration matters;

2. Provincial Departments of Justice (hereinafter referred to collectively as Provincial Departments of Justice):

3. People's Committees of districts, towns, cities under provinces (hereinafter referred to collectively as District People's Committees);

4. People's Committees of communes, wards, towns (hereinafter referred to collectively as Commune People's Committees);

5. Vietnamese representative offices abroad;

6. Ministry of Foreign Affairs.

Article 3. Issuance of household registration books and forms

Issuing five types of household registration books and fifty-one types of household registration forms according to the list attached to this Circular.

The size of the five types of household registration books and fifty-one types of household registration forms shall be uniformly used with paper size (210 x 297mm).

Article 4. Authority for printing and issuing household registration books and forms

1. The Ministry of Justice prints and issues five types of household registration books and five types of original forms, including:

a) Five types of household registration books used commonly for registering household events as prescribed in Decree No. 158/2005/NĐ-CP dated December 27, 2005 of the Government on household registration and management (hereinafter referred to collectively as Decree No. 158/2005/NĐ-CP), Decree No. 68/2002/NĐ-CP dated July 10, 2002 of the Government detailing the implementation of certain provisions of the Marriage and Family Law regarding marriage and family relations involving foreign elements (hereinafter referred to collectively as Decree No. 68/2002/NĐ-CP) and Decree No. 69/2006/NĐ-CP dated July 21, 2006 of the Government amending and supplementing certain provisions of Decree No. 68/2002/NĐ-CP (hereinafter referred to collectively as Decree No. 69/2006/NĐ-CP), according to Section A of List I attached to this Circular.

b) Five types of original forms printed in color with patterns:

- Three types of original forms (Birth Registration Certificate, Marriage Certificate, Death Certificate) used for registering household events as prescribed in Decree No. 158/2005/NĐ-CP, according to Section B of List I attached to this Circular.

- Two types of original forms (Marriage Certificate; Decision Recognizing Adoption) used for registering marriage; adoption involving foreign elements as prescribed in Decree No. 68/2002/NĐ-CP and Decree No. 69/2006/NĐ-CP, according to Section C of List I attached to this Circular.

2. Posting on the Ministry of Justice's electronic portal forty-six black-and-white household registration forms without patterns (including remaining original forms, all copies, declaration forms, and other forms), including:

a) Forty household registration forms used for registering household events as prescribed in Decree No. 158/2005/NĐ-CP, according to Section A of List II attached to this Circular.

b) Six household registration forms used for registering household events as prescribed in Decree No. 68/2002/NĐ-CP and Decree No. 69/2006/NĐ-CP, according to Section B of List II attached to this Circular.

Household registration registration offices and persons requesting registration may access the Ministry of Justice's electronic portal (www.moj.gov.vn) to print and use these forty-six forms free of charge according to points a and b of this Clause. For localities that have not yet had the conditions to use the Internet, the Provincial Department of Justice shall proactively organize printing and distributing these household registration forms to fully meet the requirements for using household registration forms in their locality.

Article 5. Principles for Recording Household Registers

1. When registering household registers, judicial officers of the Civil Status Registration Office, judicial officers of the Judicial Department, civil status registrars of the Department of Justice, or consular officials (hereinafter referred to collectively as the person performing the task) must personally record in the household register books and forms; the recorded content must be accurate; handwriting must be clear, complete, without abbreviations, and not erased; writing must be done with good black ink. For places that have applied information technology in civil status registration, the content needed to be recorded in household register forms can be printed through a computer.

2. Household register books must be written continuously page by page, without leaving any blank pages, and must be stamped across from the first page to the last page of the book.

3. Registration numbers within the year must be recorded consecutively from number 01 to the end of the year; in cases where another book is used before the year ends, the next consecutive number from the previous book must be taken up, not starting from number 01 again. For books used for the following year, the first registration of the following year will start from number 01, not continuing the last number of the previous year.

4. The number recorded in the household register form is the number recorded at the top of the page of the household register book regarding the civil status registration of each individual along with the year of the civil status event (Example 1: Birth Register opened in 2009, in 2009, two volumes of the Birth Registration Book were used up. Nguyen Hai Anh was registered for birth in 2009 at serial number 325, volume number 02, then the section recording the number/volume number on Nguyen Hai Anh's Birth Certificate will be recorded as:

- Number: 325/2009.

- Volume number: 02/2009.

Example 2. Birth Register opened in 2009, in 2009, 125 cases were registered, the book was continued to be used for 2010. Nguyen Hai Ha was registered for birth in 2010 at serial number 10, then the section recording the number/volume number on Nguyen Hai Ha's Birth Certificate will be recorded as:

- Number: 10/2010.

- Volume number: 01/2009.

5. The columns in the household register books and forms must be recorded according to the usage instructions in the household register book and this Circular.

Article 6. Recording in the Birth Certificate

1. The full name of the person being registered for birth must be written in capital letters with accents.

2. The date of birth of the person being registered for birth must be determined according to the Gregorian calendar; it must be written both in numbers and in words.

3. The place of permanent/temporary residence shall be recorded as follows:

a) In the case of Vietnamese citizens residing within the country, it shall be recorded according to the place of permanent residence registration; in the absence of a place of permanent residence registration, it shall be recorded according to the place of temporary residence registration.

b) In the case of Vietnamese citizens residing abroad, it shall be recorded according to the address of permanent or temporary residence abroad.

The recording of the place of permanent/temporary residence as directed in this Clause also applies to the recording of the place of permanent/temporary residence in household register books and other household registration documents.

4. Place of birth:

a) In the case of children born in a hospital, the name of the hospital and the administrative location where the child was born (Example: Hanoi Obstetrics Hospital). In the case of children born in a healthcare facility, the name of the healthcare facility and the administrative location where the child was born (Example: Dien Bang Health Station, Tusuon District, Bac Ninh Province).

b) In the case of children born outside hospitals and healthcare facilities, the name of three levels of administrative locations (commune, district, province) where the child was born (Example: Dien Bang Commune, Tusuon District, Bac Ninh Province).

c) In the case of children born abroad, the place of birth shall be recorded according to the city name, country name, and the place where the child was born (Example: London, United Kingdom and Northern Ireland; Berlin, Federal Republic of Germany).

5. The section for the registration place and date of registration shall be recorded according to the name of the registration authority and the date of registration. Depending on the specific case, the section for the registration place and date of registration shall be recorded as follows:

a) In the case of timely, overdue registration, the name of the registration authority and the date of initial registration shall be recorded.

b) In the case of re-registration of birth, the name of the re-registration authority and the date of re-registration shall be recorded.

c) In the case of recording births already registered at foreign competent authorities, the name of the foreign competent authority and the date of birth registration abroad shall be recorded.

d) In the case of issuing a new original Birth Certificate, the name of the registration authority and the date of previous registration shall be recorded; if there is a change in administrative location, the name of the previous registration authority shall be recorded according to the new administrative location recorded in the Birth Registration Book.

đ) The name of the registration authority shall be recorded as follows:

- In the case of timely registration of birth under the jurisdiction of the People's Committee of the commune, all three levels of administrative locations (commune, district, province) must be recorded;

- In the case of issuing a new original Birth Certificate under the jurisdiction of the People's Committee of the district, it shall be recorded according to two levels of administrative locations (district, province);

- In the case of registration of birth or issuance of a new original Birth Certificate under the jurisdiction of the Department of Justice, the name of the Department of Justice shall be recorded (Example: Department of Justice of Hanoi City);

- In the case of registration of birth or issuance of a new original Birth Certificate under the jurisdiction of the Vietnamese representative agency abroad, the name of the Vietnamese representative agency abroad shall be recorded (Example: Embassy of Vietnam in the Federal Republic of Germany).

The recording of the name of the registration authority as directed in point đ Clause shall also apply when recording the name of the registration authority in household register books and other household registration documents.

6. The note section shall be recorded as follows:

a) Clearly record the type of action performed such as: timely registration, overdue registration, re-registration, issuance of a new original Birth Certificate, or recording births already registered at foreign competent authorities.

b) In the case of recording births already registered at foreign competent authorities, the name of the entity conducting the recording and the date of recording shall be recorded.

c) In the case of issuance of a new original Birth Certificate, the name of the issuing authority and the date of issuance shall be recorded; if there is a change in administrative location, the name of the issuing authority shall be recorded according to the new administrative location.

Article 7. Recording in the Marriage Certificate

1. The husband's name and wife's name must be written in capital letters with accents.

2. The place of registration and date of registration shall be recorded according to the name of the registration authority and the date of registration. Depending on each case, the place of registration shall be recorded as follows:

a) In the case of re-registering the marriage, record the name of the re-registration authority and the date of re-registration.

b) In the case of recording the marriage registered at the competent authority of a foreign country into the book, record the name of the registration authority and the date of registration abroad.

3. The note section shall be recorded as follows:

a) Clearly state the type of action such as: re-registering the marriage; recording the marriage registered at the competent authority of a foreign country into the book or registering actual marriage (cases where marital relationship was established before January 3, 1987).

b) In the case of recording the marriage registered at the competent authority of a foreign country into the book, record the name of the authority performing the recording and the date of recording.

c) In the case of registering actual marriage, clearly record the date when the marriage becomes effective according to the provisions of the household registration law.

Article 8. Recording in the Death Certificate

1. The deceased's name must be written in capital letters with accents;

2. The place of death must clearly state the location of death (hospital, health station, private residence, etc.); commune/district, province/city.

3. The part regarding the Death Notice or substitute document for the Death Notice must clearly state the type of paper (Death Notice or name of the substitute document for the Death Notice); number; date; name of the authority or organization issuing the Death Notice or substitute document.

4. The place of registration and date of registration shall be recorded according to the name of the registration authority and the date of registration. Depending on each case, the place of registration and date of registration shall be recorded as follows:

a) In the case of timely or overdue death registration, record the name of the registration authority and the first registration date and month year.

b) In the case of re-registering the death, record the name of the re-registration authority and the date of re-registration.

5. Note Section: Clearly state the type of action such as: timely registration, overdue registration, re-registration.

Article 9. Recording in the Decision Recognizing the Acknowledgment of Father/Mother/Child and the Decision Changing, Correcting Household Registration, Re-determining Ethnicity, Re-determining Gender

1. Record each specific type of registration after the phrase "Regarding the matter..." in the Decision (Example: Decision Regarding the Matter of Recognizing the Acknowledgment of Father to Child; or Decision Regarding the Matter of Permitting Change of Surname).

2. When issuing a copy of the Decision Changing, Correcting Household Registration, Redetermining Ethnicity, Redetermining Gender from the Book of Changes and Corrections (previously) or the Birth Registration Book already annotated with changes and corrections, then clearly state the type of book after the phrase "Copy/Excerpt from..." in the copy of the Decision. Depending on the type of book used for copying, either "Copy" or "Excerpt" will be crossed out (Example: Copy/Excerpt from the Birth Registration Book).

Article 10. Recording in the Certificate of Marital Status

1. The marital status section shall be recorded as follows:

a) In the case where the People's Committee of the Commune issues a Certificate of Marital Status to Vietnamese citizens residing within the country, clearly state their place of residence and current marital status (Example: Mr. Nguyen Van A, currently residing at..., has not registered marriage with anyone); if they have been divorced or their spouse has passed away, this must be clearly stated (Example: Mr. Nguyen Van A, currently residing at..., has registered marriage but has since divorced according to Divorce Judgment No... dated... month... year... of the People's Court..., has not registered marriage with anyone). In this case, the section stating "during the period of residence at...from...month...year...to...month...year..." shall be left blank.

b) In the case where the People's Committee of the Commune issues a Certificate of Marital Status during the period of residence in Vietnam before departure for Vietnamese citizens residing abroad, clearly state the period of residence in the locality and their marital status during that time (Example: During the period of residence in Dong Nhan Ward, Hai Ba Trung District, Hanoi City from April 12, 2008 to May 25, 2009, has not registered marriage with anyone).

c) In the case where the Vietnamese representative agency abroad issues a Certificate of Marital Status to Vietnamese citizens during their residence abroad, the content confirming the marital status shall be recorded according to the time they reside in the host country (Example: Mr. Nguyen Van A, currently temporarily residing in... Federal Republic of Germany, during the period of temporary residence in... Federal Republic of Germany from... to..., has not registered marriage with anyone at the Embassy of Vietnam in the Federal Republic of Germany); if they have been divorced or their spouse has passed away, this must also be clearly stated (Example: Mr. Nguyen Van A, currently temporarily residing in... Federal Republic of Germany, during the period of temporary residence in... Federal Republic of Germany from... to..., has registered marriage in..., but has since divorced according to Divorce Judgment/Decision No... dated... month... year... of...).

2. In the case of using the Certificate of Marital Status for marriage registration procedures, clearly state whom they are marrying and where.

Article 11. Correction of errors due to recording

1. During registration, if there are errors due to recording in the household register book, the person performing the task must directly strike out the erroneous part without overlaying new writing on the old text, and without erasing to rewrite. The column for noting changes in the household register book must clearly record the content of the correction; the name and signature of the person who made the correction, along with the date, month, and year of the correction. The person performing the task must stamp the corrected portion. If there are errors due to recording in household register documents, those documents must be invalidated and new household register documents must be written.

2. It is strictly prohibited to arbitrarily erase, correct, or supplement the content already recorded in the household register book or household register documents in a manner that distorts the original content.

Article 12. Locking of Household Register Books at Commune People's Committees, District People's Committees, and Departments of Justice

1. The household registration year begins on January 1 and ends on December 31 each year. At the end of the registration year, a summary of the total number of household events registered during the year must be compiled. In cases where the book is used for the following year, a summary of the total number of household events registered during that year must also be compiled when the book is fully used.

2. After compiling the total number of household events registered according to the guidance provided in Clause 1 of this Article, the person performing the task must record the total number of household events registered on one blank page immediately following the entries in the book; the representative of the household registration authority must sign to confirm and stamp it.

Article 13. Storage of Household Register Books at Commune People's Committees, District People's Committees, and Departments of Justice

1. Household register books must be stored and preserved for long-term use; they serve the activities of state management.

2. Each type of household event must be registered in two volumes (dual registration); one volume is retained at the Commune People's Committee where the household registration takes place; the other volume is transferred for storage at the District People's Committee.

For household events within the jurisdiction of the Department of Justice or the District People's Committee, only one volume is registered and stored at the Department of Justice or the District People's Committee.

For the Book for Issuing Certificates of Marital Status, only one volume needs to be established and stored at the Commune People's Committee.

3. Commune People's Committees, District People's Committees, and Departments of Justice have the responsibility to store, preserve, and utilize household register books in accordance with the legal provisions on storage and household registration and management; they must implement safety measures: preventing typhoons, floods, fires, moisture, and pests.

Article 14. Locking of Household Register Books and Storage of Household Register Books at Vietnamese Representative Offices Abroad

Each type of household event must be registered in two volumes (dual registration). One volume is retained at the Vietnamese Representative Office abroad where the household registration takes place; the other volume is transferred for storage at the Ministry of Foreign Affairs (Consular Bureau). For the Book for Issuing Certificates of Marital Status, only one volume needs to be established and stored at the Vietnamese Representative Office abroad.

The procedures for locking household register books as stipulated in Article 12 and the procedures for storing and preserving household register books as stipulated in Clause 3 of Article 13 of this Circular also apply similarly to Vietnamese Representative Offices abroad.

Article 15. Validity Period for Household Register Books and Forms

1. Regarding household register books

In cases where household registration authorities (including domestic registration authorities or Vietnamese Representative Offices abroad) have exhausted the old model household register books, they will purchase new household register books issued together with this Circular for use; in cases where the old model household register books have not been fully used, they will continue to use them until exhausted. When entering information into the old model household register books, the contents must be recorded according to the new household register form issued together with this Circular; any content present in the household register book but not in the form should be left blank; any content present in the form but not in the household register book should be noted in the book.

2. Regarding household register forms

The forms issued together with this Circular are uniformly used throughout the country and at Vietnamese Representative Offices abroad from July 1, 2010.

Article 16. Effective Date

This Circular takes effect from May 10, 2010, and replaces previous regulations on the issuance and guidance on the use of various types of household register books and forms that conflict with this Circular./.