Consolidated Document number 1069/VBHN-BTP detailing certain provisions and measures for implementing the Law on Household Registration

DECREE

Detailed provisions on certain articles and measures for implementing the Law on Household Registration

Decree No. 123/2015/ND-CP dated November 15, 2015 of the Government provides detailed provisions on certain articles and measures for implementing the Law on Household Registration, which took effect from January 1, 2016, has been amended and supplemented by:

1. Decree No. 87/2020/ND-CP dated July 28, 2020 of the Government concerning the Electronic Household Registration Database, online household registration, which took effect from September 15, 2020;

2. Decree No. 104/2022/ND-CP dated December 21, 2022 of the Government amending and supplementing certain articles of related decrees regarding the submission and presentation of household registration books and temporary residence certificates when performing administrative procedures and providing public services, which took effect from January 1, 2023;

3. Decree No. 07/2025/ND-CP dated January 9, 2025 of the Government amending and supplementing certain articles of decrees in the fields of household registration, nationality, and notarization, which took effect from January 9, 2025.

Pursuant to the Law on Government Organization dated December 25, 2001; Pursuant to the Law on Household Registration dated November 20, 2014;

Pursuant to the Law on Marriage and Family dated June 19, 2014; In accordance with the proposal of the Minister of Justice;

The Government promulgates this Decree providing detailed provisions on certain articles and measures for implementing the Law on Household Registration^[1].

Chapter I. GENERAL PROVISIONS

Article 1. Scope of Regulation^[2]

This Decree provides detailed provisions on certain articles of the Law on Household Registration regarding birth registration, marriage registration, management and use of Household Books during the transitional period when the Electronic Household Registration Database and the National Population Database have not yet been uniformly operational nationwide; birth registration for abandoned children, children whose parents cannot be identified, children born through surrogacy; birth, marriage, acknowledgment of parentage, death registration in border areas; issuance of Certificates of Marital Status; registration of guardianship supervision, registration of termination of guardianship supervision; birth registration for children born abroad who have not been registered for residence in Vietnam; registration of foreign element marriages at district People's Committees; recording in Household Books of marriages, divorces, annulment of marriages of Vietnamese citizens resolved by competent authorities abroad; re-registration of birth, marriage, and death; arrangements for judicial officers specializing in household registration and certain measures for implementing the Law on Household Registration.

Article 2. Provisions on presenting and submitting documents when registering household matters, issuing certified copies of household records

1.^[3] The person requesting registration of household matters or issuance of certified copies of household records must present the original of one of the following documents: passport, identity card, Citizen Identity Card, Citizen Card, Electronic Identity Card, Certificate of Identity, or other documents bearing a photograph and personal information issued by a competent authority and still valid (hereinafter referred to as personal identification documents) to prove their identity.

...^[4]...

2.^[5] The person requesting birth registration must submit a Birth Certificate or substitute documents as prescribed in Clause 1, Article 16 of the Law on Household Registration; the person requesting death registration must submit a Death Certificate or substitute documents as prescribed in Clause 1, Article 34 of the Law on Household Registration and Clause 2, Article 4 of this Decree.

If the person requesting has already submitted an electronic version of the Birth Certificate or Death Certificate, or if the household registration office has accessed the signed digital data of the Birth Certificate or Death Certificate, then there is no need to submit a paper copy.

3. Documents in a foreign language used for household registration in Vietnam must be translated into Vietnamese and notarized or authenticated according to the law.

4. Documents issued by the competent authority of a neighboring country (hereinafter referred to as a neighboring country) for use in household registration as prescribed in Point d, Clause 1, Article 7 of the Law on Household Registration are exempted from legalization; they must be translated into Vietnamese and accompanied by a translator's declaration of accurate translation.

5. Copies of documents in the household registration file are copies issued from the original book or certified from the original according to the law; if the person requesting submits a copy that is not certified, they must present the original for comparison.

Article 3. Methods for Submitting, Accepting Household Registration Dossiers, and Conducting Verification When Processing Household Registration Dossiers^[6]

1.^[7] The person requesting household registration may submit the dossier directly to the household registration office, send the dossier through the postal system, or register online in accordance with the law on online household registration.

The household registration dossier shall be established in one (1) set.

Clause 2. The person accepting the dossier is responsible for checking the documents to verify the information in the Declaration Form and the validity of the documents in the dossier submitted by the requester; if the dossier is incomplete, they shall guide the requester to supplement and complete it. If the dossier is complete and valid, the person accepting the dossier shall issue a receipt, clearly stating the date and time for delivering the result.

In cases where the documents submitted by the requester are certified copies issued from the original book or certified copies authenticated from the original, the person accepting the dossier shall not request the presentation of the original; if the requester only submits photocopies and presents the original, the person accepting the dossier shall check and compare the photocopies with the original and sign on the photocopies to confirm that the content has been verified.

In cases where the law requires the presentation of documents, the person accepting the dossier shall not request the submission of additional certified copies or photocopies of the presented documents.

Clause 3. In cases where the requester sends the dossier through the postal system or wishes to receive the result through the postal system, they must pay the household registration fee, the fee for obtaining certified extracts of household records if not exempted from such fees, and the cost for delivering the result through the postal system. The person accepting the dossier shall clearly state the method of delivering the result on the receipt.

Results can be delivered through the postal system for requests to record household matters resolved by competent authorities of foreign countries in the Household Register, including birth registration; marriage registration; guardianship; acknowledgment of parentage; determination of parentage; adoption; change of household registration; death registration; divorce; annulment of illegal marriages; and requests for certified extracts of household records as stipulated in Article 63 of the Household Registration Law.

Clause 4. For household registration matters that require verification according to the provisions of the Household Registration Law and this Decree, the time for sending the request and the time for responding to the result shall not be counted within the specific deadline for resolving the household matter.

5.^[8] For birth registration requests where the young parents have registered their marriage, based on the information provided in the Birth Registration Declaration Form about the Marriage Certificate, the household registration office is responsible for searching for information about the marital status of the young parents on the Provincial Administrative Procedure Information System through connectivity with the Electronic Household Registry Database and the National Population Database.

For marriage registration requests, the household registration office shall search for information about the marital status of the person requesting marriage registration on the Provincial Administrative Procedure Information System through connectivity with the Electronic Household Registry Database and the National Population Database.

The search results shall be stored electronically or on paper, reflecting fully and accurately the information at the time of the search and attached to the dossier of the registering person.

In cases where the marital status cannot be searched due to the absence of information in the Electronic Household Registry Database and the National Population Database, the household registration office shall request the People's Committee of the commune where the requester resides or where the marriage was registered to verify and provide the information. Within three working days from the date of receiving the verification request, the People's Committee of the commune receiving the verification request shall be responsible for checking and verifying and sending back the result regarding the marital status of the person concerned.

Article 4. Determination of Content for Birth and Death Registration

1. The content of birth registration shall be determined in accordance with Clause 1 of Article 14 of the Household Registration Law and the following provisions:

a) The surname, middle name, given name, and ethnicity of the child shall be determined according to the agreement of the parents in accordance with civil law regulations and reflected in the Birth Registration Declaration Form; in cases where the parents have no agreement or cannot reach an agreement, it shall be determined according to custom;

b) The nationality of the child shall be determined in accordance with the laws on nationality;

c)^[9] The Personal Identification Number of the person being registered for birth shall be issued at the time of birth registration. The issuance of the Personal Identification Number shall be carried out in accordance with the Law on Identity Cards and detailed implementing regulations, ensuring consistency with the Household Registration Law and this Decree;

d) The date of birth shall be determined according to the Gregorian calendar. The place of birth and gender of the child shall be determined based on the Birth Certificate issued by the competent health facility; in cases where there is no Birth Certificate, it shall be determined according to substitute documents for Birth Certificates as stipulated in Clause 1 of Article 16 of the Household Registration Law;

For children born at a health facility, the place of birth must clearly state the name of the health facility and the name of the commune, district, and province where the health facility is located; for children born outside a health facility, the name of the commune, district, and province where the child was born must be clearly stated;

đ) The place of origin of the person being registered for birth shall be determined in accordance with Clause 8 of Article 4 of the Household Registration Law;

2. When registering death in accordance with the Household Registration Law, the content of death registration must include the following information: surname, middle name, given name, year of birth of the deceased; Personal Identification Number of the deceased, if applicable; place of death; cause of death; hour, day, month, and year of death according to the Gregorian calendar; nationality if the deceased is a foreigner;

The content of death registration shall be determined based on the Death Notice or substitute documents for Death Notices issued by the following competent authorities:

a) For deaths occurring at a health facility, the head of the health facility shall issue the Death Notice;

b) For deaths resulting from execution of capital punishment, the Chairman of the Capital Punishment Execution Council shall issue a certificate confirming the execution of capital punishment instead of the Death Notice;

c) For persons declared dead by a court, the effective judgment or decision of the court shall replace the Death Notice;

d) For deaths occurring on transportation means, due to accidents, murder, sudden death, or suspicious death, the confirmation document from the police agency or forensic examination results from the Forensic Medical Examination Agency shall replace the Death Notice;

đ) For deaths not falling under any of the circumstances specified in points a, b, c, and d of this clause, the People's Committee of the commune where the death occurred shall be responsible for issuing the Death Notice;

Article 5. Issuance of Birth Certificates, Death Notices, and Provision of Birth and Death Statistics Data

1. Health facilities, after issuing Birth Certificates and Death Notices, and the competent authority issuing substitute documents for Death Certificates as stipulated in Clause 2 of Article 4 of this Decree, shall be responsible for reporting birth and death data to the competent household registration authority in accordance with the Household Registration Law to ensure timely, complete, and accurate statistics as required by law;

2. The Ministry of Health shall guide health facilities in the issuance of Birth Certificates and Death Notices and the provision of birth and death statistics data to the competent household registration authority as stipulated in Clause 1 of this Article.

Article 6. Legal Value of the Birth Registration Certificate

1. The Birth Registration Certificate is the original household registration document of an individual.

2. All personal files and documents containing information on surname, middle name, given name; date, month, year of birth; gender; ethnicity; nationality; place of origin; parent-child relationships must be consistent with the Birth Registration Certificate of that person.

3. In cases where the contents in personal files and documents differ from those in the Birth Registration Certificate of that person, the head of the agency or organization managing the files or issuing the documents shall be responsible for adjusting the files and documents to match the contents in the Birth Registration Certificate.

Article 7. Conditions for Changing and Correcting Household Registration

1. Changing the surname, middle name, or given name for individuals under 18 years old, as stipulated in Clause 1 of Article 26 of the Household Registration Law, requires the consent of their parents and must be clearly stated in the Application Form; for individuals aged nine or older, their own consent is also required.

2. Correcting household registration, as provided for in the Household Registration Law, involves amending personal information in the Household Register or in the original household registration documents, and can only be carried out when there is sufficient evidence to determine that errors were made by civil servants handling household registration or by the person requesting the registration.

Article 8. Recruitment, Assignment, and Training of Civil Servants Handling Household Registration

1. From January 1, 2016, the authority may only assign or recruit new personnel who meet the standards set forth in the Household Registration Law to handle household registration work.

2. Based on the number of commune-level cadres and civil servants as prescribed by the Government, the People's Committee of the province or centrally-administered city (hereinafter referred to as the Provincial People's Committee) prioritizes assigning judicial-civil registration civil servants to handle dedicated household registration work at communes, wards, towns classified as level 1 or 2 with large populations and high volumes of household registration tasks.

3. The Ministry of Justice develops a training program for household registration business and specifies the issuance of certificates for household registration business training for civil servants handling household registration work.

The Provincial People's Committee develops and implements plans for training household registration business for civil servants handling household registration work locally.

Chapter II. REGISTRATION OF HOUSEHOLD REGISTRATION, MANAGEMENT AND USE OF THE HOUSEHOLD REGISTER IN THE TRANSITION PERIOD

Section 1. DOCUMENTS TO BE SUBMITTED AND PRESENTED

Article 9. Documents to be Submitted and Presented When Registering Birth

1. The person requesting birth registration submits the documents as prescribed in Clause 1 of Article 16 of the Household Registration Law when registering birth at the People's Committee of the commune, ward, town (hereinafter referred to as the Commune People's Committee) or the documents as prescribed in Clause 1 of Article 36 of the Household Registration Law when registering birth at the People's Committee of the district, town, city under provincial administration (hereinafter referred to as the District People's Committee).

2.^[10] The person requesting birth registration presents the documents as prescribed in Clause 1 of this Decree.

Article 10. Documents to be Submitted and Presented When Registering Marriage

The person requesting marriage registration presents the documents as prescribed in Clause 1 of this Decree, submits the documents as prescribed in Clause 1 of Article 18 of the Household Registration Law when registering marriage at the Commune People's Committee or the documents as prescribed in Clause 1 of Article 38 of the Household Registration Law when registering marriage at the District People's Committee, and submits the original Certificate of Marital Status as follows:

1.^[11] (Repealed)

2. In cases where the person requesting marriage registration is working, studying, or temporarily residing abroad, they must submit the Certificate of Marital Status issued by the diplomatic mission or consular office of Vietnam in that country (hereinafter referred to as the Diplomatic Mission).

Mục 2. MANAGEMENT AND USE OF HOUSEHOLD REGISTERS

Article 11. Establishment and Closure of Household Registers

1. The Household Register shall be established in one volume according to each type of household registration matter registered.

2. The household registration authority shall use the Household Register to record household registration matters from January 1st to December 31st of the year.

Annual statistics on household registrations shall be calculated from January 1st to December 31st of the year.

3. Before January 5th of the following year, the civil servant responsible for household registration must close the Household Register; fully and accurately tally the total number of household registration matters registered in the previous year on the page adjacent to the last registration page of the year; sign, clearly write their name and position; report to the head of the household registration authority for signature and stamp confirmation.

Article 12. Archiving of Household Registers

1.^[12] (Repealed)

2.^[13] (Repealed)

3. The Household Register is a national asset and shall be permanently archived in accordance with the laws on archiving.

4. The entity responsible for keeping the Household Register has the responsibility to properly preserve, utilize, and manage the Household Register in accordance with the law; implement safety measures against fire, flood, moisture, and pests.

Article 13. Recording Changes and Corrections in the Household Register

1. Immediately upon receiving the notification along with a copy of the household registration extract as stipulated in Clause 3, Article 28 of the Household Registration Law, the civil servant responsible for household registration shall record the full content of the change or correction in the Household Register based on the copy of the extract, including: number, date, month, year; issuing authority; name and position of the person signing the household registration extract; report to the head of the household registration authority for signature and stamp confirmation.

In cases where the Household Register has been certified and transferred for storage as stipulated in Clause 1, Article 12 of this Decree, the civil servant responsible for household registration must submit a written report along with a copy of the household registration extract to the higher-level household registration management authority to record the changes and corrections in the corresponding copy of the Household Register. The entity receiving the copy of the Household Register is responsible for recording the changes and corrections in the corresponding copy of the Household Register; the head of the entity signs and stamps confirmation on the recorded content.

2. The head of the household registration and management authority who receives the notification but fails to record it in the Household Register or has the responsibility to notify but fails to notify and send a copy of the household registration extract as stipulated in Clause 3, Article 28 of the Household Registration Law shall bear responsibility for the consequences of mismanagement, exploitation, and use of household registration information as prescribed by law.

Chapter III. HOUSEHOLD REGISTRATION AT THE PEOPLE'S COMMITTEE OF THE COMMUNE LEVEL

Section 1. REGISTRATION OF BIRTHS IN CERTAIN SPECIAL CASES

Article 14. Registration of Births for Abandoned Children

1. The person discovering an abandoned child has the responsibility to protect the child and immediately inform the People's Committee or police station of the commune where the child was abandoned. If the child is abandoned at a medical facility, the head of the medical facility has the responsibility to report.

Upon receiving the notification, the Chairman of the People's Committee or Chief of Police of the commune shall organize the preparation of a record regarding the abandonment of the child; the People's Committee of the commune shall be responsible for entrusting the temporary care of the child to an individual or organization in accordance with the law.

The record must clearly state the time and place of discovery of the abandoned child; distinguishing characteristics such as gender, physical condition, health status; any property or other items belonging to the child; the name, identification documents, and place of residence of the person who discovered the abandoned child. The record must be signed by the preparer, the person who discovered the abandoned child, and witnesses (if any), and stamped with the seal of the entity preparing the record.

The record shall be prepared in two copies, one retained by the entity preparing it, and one given to the individual or organization temporarily caring for the child.

2. After preparing the record as stipulated in Clause 1 of this Article, the People's Committee of the commune shall post a notice at its headquarters for seven consecutive days regarding the abandonment of the child.

3. At the end of the posting period, if there is no information about the biological parents of the child, the People's Committee of the commune shall notify the individual or organization temporarily caring for the child to proceed with registering the birth of the child. The individual or organization temporarily caring for the child shall be responsible for registering the birth of the child. The procedures for registering the birth shall be carried out in accordance with Clause 2, Article 16 of the Household Registration Law.

The family name, middle name, and given name of the child shall be determined in accordance with civil law regulations. If there is no basis to determine the date, month, and year of birth and place of birth of the child, the date and month of discovery of the abandoned child shall be considered the date and month of birth; the year of birth shall be determined based on the physical condition of the child; the place of birth shall be the place of discovery of the abandoned child; the place of origin shall be determined based on the place of birth; the nationality of the child is Vietnamese. The sections concerning father, mother, and ethnicity in the Birth Registration Certificate and Household Register shall be left blank; in the Household Register, it shall be clearly noted "Abandoned Child".

Article 15. Registration of Birth for Children Whose Parents Have Not Been Identified

1. The People's Committee of the commune where the child resides shall be responsible for registering the birth of children whose parents have not been identified.

2. In cases where the father has not been identified, when registering the birth, the surname, ethnicity, place of origin, and nationality of the child shall be determined according to those of the mother; the section regarding the father in the Household Register and the Birth Certificate of the child shall remain blank.

3. If at the time of birth registration, the father requests to go through the procedures to acknowledge the child in accordance with Clause 1, Article 25 of the Civil Status Law, the People's Committee shall combine the acknowledgment process and the birth registration; the content of the birth registration shall be determined in accordance with Clause 1, Article 4 of this Decree.

4. In cases where the mother has not been identified but the father requests to go through the acknowledgment procedures at the time of birth registration, it shall be handled in accordance with the provisions of Clause 3 of this Article; the section regarding the mother in the Household Register and the Birth Certificate of the child shall remain blank.

5. The procedure for registering the birth of a child who is not abandoned and whose parents have not been identified shall be carried out in accordance with the provisions of Clause 3, Article 14 of this Decree; in the Household Register, it shall be clearly stated that "the child's parents have not been identified."

Article 16. Registration of Birth for Children Born from Surrogacy

1. The person requesting the birth registration shall submit documents as prescribed in Clause 1, Article 16 of the Civil Status Law and a confirmation document from the healthcare facility that performed the assisted reproductive technology for surrogacy. The information about the father and mother of the child shall be determined according to the couple who requested the surrogacy.

2. The birth registration procedure shall be carried out in accordance with the provisions of Clause 2, Article 16 of the Civil Status Law; the content of the birth registration shall be determined in accordance with Clause 1, Article 4 of this Decree.

Section 2. CIVIL STATUS REGISTRATION IN BORDER AREAS

Article 17. Registration of Birth

1. The People's Committee of the commune in the border area shall register the birth of children born in Vietnam with a father or mother being a Vietnamese citizen permanently residing in that commune, while the mother or father is a citizen of a neighboring country permanently residing in a commune-level administrative unit of Vietnam adjacent to the Vietnamese commune where the Vietnamese citizen resides.

2. The person requesting the birth registration shall present documents as prescribed in Clause 1, Article 2 of this Decree and submit the following documents:

a) Documents as prescribed in Clause 1, Article 16 of the Civil Status Law;

b) A written agreement between the parents regarding the choice of nationality for the child as prescribed in Clause 1, Article 36 of the Civil Status Law;

c) A copy of the identity and residence proof in the border area of the citizen of the neighboring country.

3. The birth registration procedure shall be carried out in accordance with the provisions of Clause 2, Article 16 of the Civil Status Law; the content of the birth registration shall be determined in accordance with Clause 1, Article 4 of this Decree.

Article 18. Registration of Marriage

1. The People's Committee of the commune in the border area shall carry out the registration of marriage between a Vietnamese citizen permanently residing in that commune and a citizen of a neighboring country permanently residing in a commune-level administrative unit of Vietnam adjacent to the Vietnamese commune where the Vietnamese citizen resides.

2. The person requesting the marriage registration shall present documents as prescribed in Clause 1, Article 2 of this Decree; directly submit the application at the People's Committee of the commune, the marriage registration file includes the following documents:

a) The marriage registration form as prescribed; both parties may use one joint form.

b) A document issued by the competent authority of the neighboring country within six months from the date of submission confirming that the citizen of the neighboring country is currently unmarried.

c) A copy of the identity and residence proof in the border area of the citizen of the neighboring country.

3. Within three working days from the date of receiving complete and valid documents, the civil servant in charge of civil status shall check and verify the documents and report to the Chairman of the People's Committee for decision. If verification is required, the processing period shall not exceed eight working days.

If both parties meet the conditions for marriage as stipulated by the Marriage and Family Law, the Chairman of the People's Committee of the commune shall sign the Marriage Certificate, the civil servant in charge of civil status shall record the marriage in the Household Register, and both parties shall sign their full names in the Household Register and the Marriage Certificate; each party shall receive one original Marriage Certificate.

Article 19. Registration of Acknowledgment of Parentage and Children

1. The People's Committee of communes located in border areas shall carry out the registration of acknowledgment of parentage and children between Vietnamese citizens permanently residing in that commune and citizens of neighboring countries permanently residing in equivalent administrative units at the commune level in Vietnam, adjacent to the commune in the border area where the Vietnamese citizen resides.

2. The person requesting the registration of acknowledgment of parentage and children shall present documents as prescribed in Clause 1, Article 2 of this Decree and directly submit the application file to the People's Committee of the commune; the application file for registration of acknowledgment of parentage and children includes the following documents:

a) A declaration form for acknowledgment of parentage and children according to the prescribed model;

b) Documents and materials proving the father-child relationship or mother-child relationship.

c) A copy of the identity and residence proof in the border area of the citizen of the neighboring country.

3. Within seven working days from the date of receiving complete and valid files, the judicial civil servant shall examine the files, post the acknowledgment of parentage and children at the office of the People's Committee, and report to the Chairman of the People's Committee of the commune for decision. In cases requiring verification, the time limit for resolution shall not exceed twelve working days.

If the judicial civil servant determines that the acknowledgment of parentage and children is correct and there is no dispute, they shall record the content in the Household Register, sign together with the person making the request, clearly stating their full name in the Household Register; the Chairman of the People's Committee of the commune shall sign and issue one original extract of the Household Register to each party.

Article 20. Registration of Death

1. The People's Committee of communes located in border areas shall carry out the registration of death for deceased foreign nationals residing in that commune.

2. The person requesting the registration of death shall submit a declaration form for registration of death according to the prescribed model, the original death certificate or other documents replacing the death certificate issued in accordance with Clause 2, Article 4 of this Decree.

3. Immediately upon receipt of the application file, if the judicial civil servant finds the registration of death to be correct, they shall record it in the Household Register, sign together with the person requesting the registration of death, clearly stating their full name in the Household Register; and report to the Chairman of the People's Committee of the commune to sign and issue the original extract of the Household Register to the person requesting.

In cases requiring verification, the time limit for resolution shall not exceed three working days.

4. After registering the death, the People's Committee of the commune shall send a notification letter accompanied by a copy of the extract of the Household Register to the Ministry of Foreign Affairs to notify the competent authority of the country of which the deceased was a national.

Section 3. ISSUANCE OF CERTIFICATE OF MARRIAGE STATUS

Article 21. Authority to Issue Certificate of Marriage Status

1. The People's Committee of communes where Vietnamese citizens are permanently resident shall carry out the issuance of the Certificate of Marriage Status.

In cases where Vietnamese citizens do not have a place of permanent residence but have registered temporary residence in accordance with the law on residence, the People's Committee of the commune where they have registered temporary residence shall issue the Certificate of Marriage Status.

2. The provisions of Clause 1 of this Article shall also apply to the issuance of the Certificate of Marriage Status for foreign citizens and stateless persons residing in Vietnam, if requested.

Article 22. Procedures for Issuance of Certificate of Marriage Status

1. The person requesting confirmation of marriage status shall submit a declaration form according to the prescribed model. In cases where the purpose of confirming marriage status is for marriage, the person requesting must meet the conditions for marriage as stipulated in the Law on Marriage and Family.

2. In cases where the person requesting confirmation of marriage status has a spouse but has divorced or the spouse has died, they must present or submit valid documents to prove this; if the case falls under Clause 2, Article 37 of this Decree, they must submit a copy of the relevant extract of the Household Register.

3. Within three working days from the date of receiving complete and valid files, the judicial civil servant shall examine and verify the marriage status of the person requesting. If the person requesting meets the conditions and the issuance of the Certificate of Marriage Status complies with the law, the judicial civil servant shall submit to the Chairman of the People's Committee for signature and issuance of one Certificate of Marriage Status to the person requesting. The content of the Certificate of Marriage Status must accurately reflect the marriage status of the person requesting and the purpose of using the Certificate of Marriage Status.

4.^[14] In cases where the person requesting confirmation of marriage status has previously registered permanent residence in multiple places, the person requesting must provide documents proving their marriage status at their previous place of permanent residence (if applicable). Based on the information provided, the household registration agency will search for information about the marriage status of the person requesting confirmation of marriage status through the provincial administrative procedure information system connected to the electronic household register database and the national population database. In cases where information cannot be retrieved due to lack of data in the database, the household registration agency will coordinate with relevant agencies to conduct verification. The time limit and method for sending verification requests shall be carried out in accordance with Clause 5, Article 3 of this Decree.

5. On the same day of receiving the reply document, if sufficient grounds are found, the People's Committee of the commune shall issue the Certificate of Marriage Status to the person requesting in accordance with Clause 3 of this Article.

6. In cases where an individual requests reissuance of the Certificate of Marriage Status for use for another purpose or because the Certificate of Marriage Status has expired according to Article 23 of this Decree, they must return the previously issued Certificate of Marriage Status.

Article 23. Validity of the Certificate of Marital Status

1. The Certificate of Marital Status is valid for six months from the date of issuance.

2.^[15] The Certificate of Marital Status shall be used for marriage registration at Vietnamese representative offices abroad, foreign competent authorities abroad, or for other purposes.

3. The Certificate of Marital Status shall not be valid when used for purposes other than those stated on the Certificate.

Section 4. RE-REGISTRATION OF BIRTH, MARRIAGE, AND DEATH

Article 24. Conditions for Re-registration of Birth, Marriage, and Death

1. Birth, marriage, and death registrations made with Vietnamese competent authorities before January 1, 2016, but where both the Household Register and original household registration documents have been lost, may be re-registered.

2. The person requesting re-registration of birth, marriage, or death shall submit complete copies of relevant documents and materials related to the re-registration.

3. Re-registration of birth or marriage may only be carried out if the person requesting the re-registration is still alive at the time of receiving the application file.

Article 25. Competent Authority for Re-registration of Birth, Marriage, and Death

1. The People's Committee of the commune where the birth or marriage was previously registered, or the People's Committee of the commune where the person requesting the re-registration resides permanently, shall carry out the re-registration of birth or marriage.

2. The People's Committee of the commune where the death was previously registered shall carry out the re-registration of death.

Article 26. Procedures for Re-registration of Birth

1. The application file for re-registration of birth includes the following documents:

a) A declaration form according to the prescribed model, in which the person requesting the re-registration affirms that they had their birth registered but did not retain the original Birth Registration Certificate.

b) Copies of all relevant files and documents of the person requesting the re-registration, or other files and documents containing information related to the content of their birth registration.

c) In cases where the person requesting the re-registration of birth is an officer, civil servant, public official, or member of the armed forces, in addition to the documents specified in points a and b of this clause, there must also be a confirmation letter from the head of the agency or unit regarding the contents of the birth registration of the person, including their surname, middle name, given name; gender; date, month, year of birth; ethnicity; nationality; place of origin; parent-child relationship, which is consistent with the files managed by the agency or unit.

2. Within five working days from the date of receipt of the application file, the judicial administrative officer shall check and verify the file. If the re-registration of birth complies with the provisions of the law, the judicial administrative officer shall carry out the re-registration of birth according to the procedures stipulated in Clause 2 of Article 16 of the Household Registration Law.

If the re-registration of birth is carried out at a People's Committee of a commune that is not the place where the birth was previously registered, the judicial administrative officer shall report to the Chairman of the People's Committee to request the People's Committee where the birth was previously registered to check and verify the retention of the household register at the local level.

Within five working days from the date of receipt of the request, the People's Committee where the birth was previously registered shall conduct the verification and respond in writing about whether the household register is retained or not.

3. Within three working days from the date of receipt of the verification result indicating that the household register is not retained at the place where the birth was previously registered, if the file is found to be complete, accurate, and in compliance with the law, the judicial administrative officer shall carry out the re-registration of birth according to the provisions of Clause 2 of Article 16 of the Household Registration Law.

4. In cases where the person requesting the re-registration has a valid copy of the previous Birth Registration Certificate, the content of the re-registered birth shall be recorded according to the content of the copy of the Birth Registration Certificate; the section on parents' information shall be recorded according to the time of re-registration of birth.

5. In cases where the person requesting the re-registration does not have a copy of the Birth Registration Certificate but the personal files and documents are consistent in the content of the birth registration, the re-registration shall be made according to that content. If the files and documents are inconsistent in the content of the birth registration, the content of the birth registration shall be determined based on the first officially issued and valid document by a competent state authority; specifically, for officers, civil servants, public officials, or members of the armed forces, the content of the birth registration shall be determined according to the document of the head of the agency or unit as stipulated in point c of Clause 1 of this Article.

6. The Ministry of Justice shall provide detailed guidance on the documents, materials serving as the basis for re-registration of birth as provided for in this Article.

Article 27. Procedure for Re-registering Marriage

1. The documents for re-registering marriage include the following papers:

a) A declaration form as prescribed;

b) A copy of the Certificate of Marriage issued previously. If there is no copy of the Certificate of Marriage, submit a copy of the registration file and personal documents containing information related to the marriage registration.

2. Within five working days from the date of receiving the file, the judicial officer - household registrar shall check and verify the file. If the re-registration file is found to be complete, accurate, and in compliance with the law, the judicial officer - household registrar shall proceed with the re-registration of marriage according to the procedure stipulated in Clause 2 of Article 18 of the Household Registration Law.

If the re-registration of marriage is carried out at the People's Committee of the commune which is not the place where the marriage was registered before, the judicial officer - household registrar shall report to the Chairman of the People's Committee requesting the People's Committee where the marriage was registered before to inspect and verify the retention of the household register at the local level.

Within five working days from the date of receipt of the request, the People's Committee where the marriage was registered before shall conduct inspection and verification and reply in writing about whether the household register is retained or not.

3. Within three working days from the date of receipt of the verification result that the household register cannot be retained at the place where the marriage was registered, if the file is found to be complete, accurate, and in compliance with the law, the judicial officer - household registrar shall carry out the re-registration of marriage as provided in this Clause.

4. The marital relationship is recognized from the date of the previous marriage registration and recorded clearly in the Certificate of Marriage and the Household Register. In case the date and month of the previous marriage registration cannot be determined, the marital relationship is recognized from January 1st of the year of the previous marriage registration.

Article 28. Procedure for Re-registering Death Registration

1. The documents for re-registering death registration include the following papers:

a) A declaration form as prescribed;

b) A copy of the previous Death Certificate issued properly. If there is no valid copy of the Death Certificate, submit a copy of the registration file and related documents containing evidence of the death event.

2. Within five working days from the date of receiving the file, the judicial officer - household registrar shall check the file. If it is found that the information is complete, accurate, and the re-registration of death is in accordance with the law, report to the Chairman of the Commune People's Committee to sign and issue the original extract of the household register for the person requesting; record the re-registration of death in the Household Register, have the person requesting the death registration sign and write their full name in the Household Register.

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

Section 5. REGISTRATION OF SUPERVISION OF GUARDIANSHIP, REGISTRATION OF TERMINATION OF SUPERVISION OF GUARDIANSHIP[16]

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 carry out the registration of supervision of guardianship.

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

Article 28b. Procedure for Registration of Supervision of Guardianship

1. The person requesting the registration of supervision of guardianship shall submit a declaration form for registration of supervision of guardianship as prescribed and a document serving as proof 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 file, if the conditions are found to be met according to the law, the judicial officer - household registrar shall record in the Household Register and report to the Chairman of the Commune People's Committee to issue an extract for the person requesting.

In cases requiring verification, the processing time may be extended but shall not exceed five working days from the date of receiving the file.

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 for Registration of Termination of Supervision over Guardianship according to the prescribed form and documents serving as grounds 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 set forth in Clause 2 of Article 28b of this Decree.

3. The application forms, Household Register, and Excerpts 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.

Chapter IV. HOUSEHOLD REGISTRATION AT THE PROVINCE LEVEL PEOPLE'S COMMITTEE

Section 1. REGISTRATION OF BIRTHS AND MARRIAGES

Article 29. Registration of Births for Children Born Abroad Residing in Vietnam

1. The People's Committee of the district where the child resides, if the child has a father or mother or both parents who are Vietnamese citizens, shall register the birth of children born abroad who have not been registered for birth.

2. The person requesting the registration of birth shall present documents proving that the child resides in Vietnam and submit the following documents:

a) A declaration form as prescribed;

b) A birth certificate or other documents issued by a foreign competent authority confirming the child's birth abroad and the parent-child relationship, if applicable;

c) A written agreement between the parents choosing citizenship for the child in accordance with Clause 1 of Article 36 of the Household Registration Law for cases where the child has a Vietnamese citizen parent and a foreign citizen parent.

3. In case there are no documents specified in point b of Clause 2 of this Article, the birth registration of the child shall be carried out according to the procedures stipulated in Clause 5 of Article 15 of this Decree.

4. On the day of receiving the request, the Justice Office shall examine the file. If the file is found to be complete, accurate, and in compliance with the law, it shall be registered according to the procedures and formalities stipulated in Clause 2 of Article 36 of the Household Registration Law. The content of the birth registration shall be determined in accordance with Clause 1 of Article 4 of this Decree.

Article 30. Documents for Marriage Registration

1. The marriage registration documents shall be established in accordance with Clause 1 of Article 38 of the Household Registration Law and the following provisions:

a) Both male and female parties may jointly fill out one Application for Registration of Marriage;

b) Proof of marital status of a foreigner is a document issued by a foreign competent authority still validly confirming that the person does not have a spouse at present; in cases where a foreign country does not issue a marital status confirmation, it can be replaced by a document issued by a foreign competent authority confirming that the person meets the conditions for marriage under the laws of that country.

If the proof of marital status of a foreigner does not indicate the validity period, such document and the health organization's confirmation according to Clause 1 of Article 38 of the Household Registration Law shall only be valid for six months from the date of issuance.

2. In cases where a foreigner cannot present a passport as required by Clause 1 of this Decree, they may present international travel documents or residence cards.

3.^[17] In addition to the documents specified in Clause 1 of this Article, if one party to the marriage is a Vietnamese citizen who has divorced or annulled their marriage at a foreign competent authority but the information on divorce or annulment is not reflected in the electronic household registration database through the connection between the provincial administrative procedure information system and the electronic household registration database, national population database, then the household registration authority shall guide the citizen to complete the entry in the household register regarding the divorce/annulment of marriage at the competent state authority before proceeding with the marriage registration; if the person requesting the marriage registration is a civil servant, public official, or serving in the armed forces, they must submit a document from their agency or unit confirming that their marriage with a foreigner does not contravene the regulations of their profession.

Article 31. Procedure for Registering Marriage

The procedure for registering marriage shall be carried out in accordance with the provisions of Clauses 2, 3, and 4 of Article 38 of the Household Registration Law and the following provisions:

1. Within ten working days from the date of receiving complete and valid files, the Legal Affairs Office conducts research, examines the file, and verifies if necessary. The Head of the Legal Affairs Office is responsible for the results of the examination and the recommendations of the Legal Affairs Office in handling the marriage registration application.

2. If the file is valid, the parties meet the conditions for marriage as stipulated by the Marriage and Family Law, and do not fall under the cases of refusing to register marriage as prescribed in Article 33 of this Decree, the Legal Affairs Office reports to the Chairman of the People's Committee at the district level to sign two original copies of the Certificate of Marriage Registration.

3. Depending on specific circumstances, when necessary, the Ministry of Justice reports to the Prime Minister to supplement procedures for interviewing when handling requests for marriage registration to ensure the rights and legitimate interests of the parties and the effectiveness of state management.

Article 32. Issuing the Certificate of Marriage Registration

1. Within three working days from the date the Chairman of the People's Committee at the district level signs the Certificate of Marriage Registration, the Legal Affairs Office organizes the issuance of the Certificate of Marriage Registration to both male and female parties.

2. The issuance and receipt of the Certificate of Marriage Registration shall be carried out in accordance with the provisions of Clause 3 of Article 38 of the Household Registration Law.

The Certificate of Marriage Registration becomes effective from the date it is recorded in the household register and issued to the parties according to the provisions herein.

3. In case one or both male and female parties cannot be present to receive the Certificate of Marriage Registration, upon their written request, the Legal Affairs Office may extend the time for issuing the Certificate of Marriage Registration but not exceeding sixty days from the date the Chairman of the People's Committee at the district level signs the Certificate of Marriage Registration. After sixty days, if both male and female parties have not come to receive the Certificate of Marriage Registration, the Legal Affairs Office reports to the Chairman of the People's Committee at the district level to cancel the signed Certificate of Marriage Registration.

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

Article 33. Refusal to Register Marriage

1. The registration of marriage will be refused if one or both parties violate prohibitions or do not meet the conditions for marriage as stipulated by the Vietnamese Marriage and Family Law.

2. In case the People's Committee at the district level refuses to register marriage, the Legal Affairs Office shall notify the male and female parties in writing, specifying the reasons.

Section 2. RECORDING IN THE HOUSEHOLD REGISTRATION THE MARRIAGE OF VIETNAMESE CITIZENS RESOLVED ABROAD

Article 34. Conditions for Recording in the Household Registration the Marriage of Vietnamese Citizens Resolved Abroad by Foreign Competent Authorities

1. The marriage between Vietnamese citizens or between a Vietnamese citizen and a foreigner resolved by foreign competent authorities abroad shall be recorded in the Household Registration if, at the time of marriage, the parties meet the conditions for marriage and do not violate prohibitions as stipulated by the Vietnamese Marriage and Family Law.

2. If, at the time of registration with foreign competent authorities, the marriage does not meet the conditions for marriage but does not violate prohibitions as stipulated by the Vietnamese Marriage and Family Law, but at the time of requesting recording in the Household Registration, the consequences have been remedied or the recording of the marriage is aimed at protecting the rights and interests of Vietnamese citizens and children, then the marriage shall also be recorded in the Household Registration.

Article 35. Procedure for registering marriage

1. The application for registering marriage shall be submitted to the competent authority as prescribed in Clause 1, Article 48 of the Household Registration Law by either party to the marriage, including the following documents:

a) A declaration form as prescribed;

b) A copy of the certificate of marriage issued by the competent authority of a foreign country;

c) In addition to the documents specified in points a and b of this Clause, if the application is sent through the postal system, copies of the documents of both male and female parties as stipulated in Clause 1, Article 2 of this Decree must also be submitted; if the citizen of Vietnam has divorced or annulled the marriage at a competent authority abroad, they must submit the extract from the Household Register regarding the divorce or annulment of the marriage as prescribed in Clause 2, Article 37 of this Decree.

2. The time limit for registering the marriage in the Household Register is five working days from the date the Civil Affairs Office receives the application.

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

3. The procedure for registering the marriage in the Household Register shall be carried out in accordance with the provisions of Clause 2, Article 50 of the Household Registration Law and the following provisions:

a) If the request to register the marriage in the Household Register meets the conditions as prescribed in Article 34 of this Decree, the Head of the Civil Affairs Office shall record it in the register and report to the Chairman of the People's Committee at the district level to issue the original extract of the household registration for the person making the request.

b) If the request to register the marriage in the Household Register falls under one of the cases prescribed in Clause 1, Article 36 of this Decree, the Head of the Civil Affairs Office shall report to the Chairman of the People's Committee at the district level to refuse it.

Article 36. Refusal to register marriage in the Household Register

1. The request to register the marriage in the Household Register shall be refused if it falls under one of the following cases:

a) The marriage violates the prohibitions as prescribed in the Marriage and Family Law.

b) A citizen of Vietnam marries a foreigner at a diplomatic mission or consular office of a foreign country in Vietnam.

2. In case the People's Committee at the district level refuses to register the marriage in the Household Register, the Civil Affairs Office shall notify the person making the request in writing, specifying the reasons.

Section 3. REGISTRATION OF DIVORCE AND ANNULMENT OF MARRIAGE RESOLVED ABROAD IN THE HOUSEHOLD REGISTER

Article 37. Registration of divorce and annulment of marriage in the Household Register

1. Judgments, decisions on divorce, annulment of marriage, or divorce agreements that have taken legal effect or other documents recognizing the divorce issued by the competent authority of a foreign country (hereinafter referred to as divorce documents) which do not violate the provisions of the Marriage and Family Law shall be registered in the Household Register.

2. Citizens of Vietnam who have divorced or annulled their marriage abroad, then return to reside in Vietnam or apply for registration of a new marriage at a competent authority in Vietnam, must register the divorce or annulment of marriage resolved abroad in the Household Register (hereinafter referred to as divorce note). In cases where there have been multiple divorces or annulments, only the most recent divorce or annulment note shall be processed.

3. Based on officially received information, the Ministry of Justice will publish on its official website a list of judgments, decisions on divorce, and annulment of marriage of citizens of Vietnam resolved by foreign competent authorities in cases where there are requests for enforcement in Vietnam or requests for non-recognition in Vietnam.

Article 38. Authority to Note Divorce

The authority to note divorce is determined according to the provisions of Clause 2, Article 48 of the Household Registration Law and the following provisions:

1. The People's Committee of the district where the marriage was registered or recorded in the Household Register shall implement the noting of divorce.

In cases where the marriage or recording of the marriage was carried out at the Department of Justice, the noting of divorce shall be implemented by the People's Committee of the district where the Vietnamese citizen resides.

In cases where the previous marriage was registered at the People's Committee of the commune, the noting of divorce shall be implemented by the superior People's Committee of the district.

In cases where Vietnamese citizens do not have permanent residence in Vietnam, the noting of divorce shall be implemented by the People's Committee of the district where the Vietnamese citizen resided before departure.

2. Vietnamese citizens returning from abroad to reside permanently in Vietnam who request the noting of divorce, and whose previous marriage was registered with the representative office or authorized body of a foreign country, shall have their divorce noted by the People's Committee of the district where the Vietnamese citizen resides permanently.

3. Vietnamese citizens residing abroad who request the noting of divorce for a new marriage, and whose previous marriage was registered with the representative office or authorized body of a foreign country, shall have their divorce noted by the People's Committee of the district that receives the application for the new marriage.

Article 39. Procedures for Noting Divorce

1. The dossier for noting divorce includes the following documents:

a) A declaration form as prescribed;

b) A certified copy of the divorce document that has become legally effective.

2. The procedures for noting divorce are carried out according to the provisions of Clause 2, Article 50 of the Household Registration Law and the following provisions:

a) Within five working days from the date of receiving a complete and valid dossier as stipulated in Clause 1 of this Article, the civil servant responsible for household registration at the Justice Office shall examine the dossier. If the noting of divorce does not violate the provisions of Clause 1 of Article 37 or does not fall under the circumstances published on the Ministry of Justice's online portal as stipulated in Clause 3 of Article 37 of this Decree, then the Director of the Justice Office shall record it in the register and report to the Chairman of the People's Committee of the district to sign and issue the original extract of the household registration to the person requesting it.

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

b) If the request for noting divorce violates the provisions of Clause 1 of Article 37 or falls under the circumstances published on the Ministry of Justice's online portal as stipulated in Clause 3 of Article 37 of this Decree, then the Director of the Justice Office shall report to the Chairman of the People's Committee of the district to reject the request.

c) If the previous marriage was registered at the People's Committee of the commune or the Department of Justice, after noting the divorce, the Justice Office shall send a notification along with a certified copy of the household registration extract to the People's Committee of the commune or the Department of Justice to continue recording in the Household Register; if it was registered at the representative office, it shall be sent to the Ministry of Foreign Affairs to notify the representative office to continue recording in the Household Register.

Section 4. RE-REGISTRATION OF BIRTH, MARRIAGE, AND DEATH

Article 40. Conditions for Re-registering Birth, Marriage, Death

1. The birth, marriage, or death registration of Vietnamese citizens settled abroad or of foreigners registered with the authorized Vietnamese agency before January 1, 2016, but where both the Household Register and the original household registration documents are lost, may be re-registered.

2. Re-registration of birth or marriage can only be carried out if the person making the request is still alive at the time of the request.

Article 41. Competence to Re-register Birth, Marriage, and Death

1. The People's Committee at the district level where birth, marriage, and death were previously registered shall carry out the re-registration of birth, marriage, and death.

2. In cases where birth, marriage, and death were previously registered with the People's Committee at the commune level, the re-registration of birth, marriage, and death shall be carried out by the People's Committee at the upper district level.

3. In cases where birth, marriage, and death were previously registered with the People's Committee at the provincial level or the Department of Justice, the re-registration of birth, marriage, and death shall be carried out by the People's Committee at the district level where the person requesting it resides; if that person does not reside in Vietnam, it shall be carried out by the People's Committee at the district level where the current office of the Department of Justice is located.

Article 42. Procedures for Re-registering Birth, Marriage, and Death

The procedures for re-registering birth, marriage, and death shall be implemented similarly to the provisions set forth in Articles 26, 27, and 28 of this Decree.

Chapter V. IMPLEMENTING PROVISIONS^[18]

Article 43. Responsibility for Implementation

1. The Chairman of the Provincial People's Committee is responsible for directing the implementation of tasks as prescribed by the Household Registration Law and this Decree, and implementing the following measures to ensure the effectiveness of household registration and management within their jurisdiction:

a) Developing plans, organizing training, enhancing, and arranging civil servants to work on household registration at the district and commune levels in accordance with the provisions of the Household Registration Law and this Decree;

b) Allocating funds and material resources to meet the requirements of household registration and management activities in the locality;

c) Organizing inspections, audits, handling complaints and grievances, and dealing with violations of household registration laws according to their authority.

2. The Chairmen of the People's Committees at the district and commune levels are responsible for directing the implementation of tasks as prescribed by the Household Registration Law and this Decree, and implementing the following measures to ensure the effectiveness of household registration and management within their jurisdiction:

a) Directing civil servants working on household registration to fully, promptly, and correctly register all household events occurring in their jurisdiction in accordance with the law; implementing notifications of household registration and updating household events as stipulated by the Household Registration Law;

b) Directing local agencies, departments, and sectors to closely cooperate with judicial-civil servants in urging and reviewing births and deaths that have not been registered in their jurisdiction, taking measures to resolve difficulties and ensuring citizens' right to register household events;

c) Based on actual conditions, planning resource allocation and funding, and directing mobile household registration activities in the locality according to the guidelines of the Ministry of Justice.

3. The Chairmen of People's Committees at all levels are responsible for the recruitment and arrangement of civil servants working on household registration in accordance with the provisions of the Household Registration Law and this Decree.

Article 44. Transitional Provisions

1. Household registration application files received by the registration agency before January 1, 2016, but not yet resolved shall continue to be processed according to the provisions of Government Decree No. 158/2005/NĐ-CP dated December 27, 2005, on household registration and management, and Government Decree No. 126/2014/NĐ-CP dated December 31, 2014, detailing certain provisions and enforcement measures of the Family Law.

2. For cases of men and women living together as husband and wife before January 3, 1987, who have not registered their marriage, they are encouraged and provided conditions to register their marriage. The marital relationship will be recognized from the date the parties established cohabitation as husband and wife. The competence and procedures for registering marriage shall be carried out according to the provisions of Article 17 and Article 18 of the Household Registration Law.

Article 45. Effective Date

1. This Decree takes effect from January 1, 2016.

2. Abolish the following legal normative documents and clauses:

a) Government Decree No. 77/2001/NĐ-CP dated October 22, 2001, detailing the registration of marriage according to Resolution No. 35/2000/QH10 of the National Assembly on the implementation of the Family Law;

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

c) Article 1 and Article 3 of Government Decree No. 06/2012/NĐ-CP dated February 2, 2012, amending and supplementing certain articles of decrees on household registration, marriage and family, and certification;

d) Articles 3, 5, and 44 of Government Decree No. 24/2013/NĐ-CP dated March 28, 2013, detailing the implementation of the Family Law regarding family relations involving foreign elements;

đ) From Section 1 to Section 6 of Chapter III including Articles 19 to 50 and point a clause 1 Article 63 of Government Decree No. 126/2014/NĐ-CP dated December 31, 2014, detailing certain provisions and enforcement measures of the Family Law.

3. Amend clause 2 of Article 63 of Government Decree No. 126/2014/NĐ-CP dated December 31, 2014, detailing certain provisions and enforcement measures of the Family Law as follows:

“2. The Department of Justice assists the People's Committee at the provincial level in managing state affairs related to marriage and family involving foreign elements in the locality, performing specific duties and powers as prescribed by this Decree.”

4. The Minister, Heads of Ministries equivalent to Ministries, Heads of Agencies under the Government, Chairmen of People's Committees at all levels, and relevant organizations and individuals are responsible for implementing this Decree./.

^{_______________________________}

^[1] Decision No. 87/2020/NĐ-CP on the Electronic Household Registration Database and Online Household Registration has the basis for issuance as follows:

"On the basis of the Government Organization Law dated June 19, 2015; On the basis of the Household Registration Law dated November 20, 2014;

Pursuant to the Law on Electronic Transactions dated November 29, 2005;

Pursuant to the Law on Information Technology dated June 29, 2006;

On the basis of the Cybersecurity Law dated November 19, 2015; According to the proposal of the Minister of Justice;

The Government issues this Decree on the Electronic Household Registration Database and Online Household Registration."

Decision No. 104/2022/NĐ-CP amending and supplementing certain articles of related decrees concerning the submission and presentation of paper household registration books and temporary residence certificates when performing administrative procedures and providing public services has the basis for issuance as follows:

"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 and the Law on Organization of Local Administration dated November 22, 2019;

On the basis of the Residence Law dated November 13, 2020; According to the proposal of the Minister of Public Security;

The Government issues a Decree amending and supplementing certain Articles of related Decrees concerning the submission and presentation of household registration books and temporary residence certificates on paper when performing administrative procedures and providing public services.

Decree No. 07/2025/NĐ-CP amending and supplementing certain Articles of Decrees in the field of civil status, nationality, and notarization shall be issued based on the following grounds:

"Based on the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019; Based on the Civil Code dated November 24, 2015;

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

Based on the Law on Vietnamese Nationality dated November 13, 2008; the Law Amending and Supplementing Certain Provisions of the Law on Vietnamese Nationality dated June 24, 2014; In accordance with the proposal of the Minister of Justice;

The Government issues a Decree amending and supplementing certain Articles of Decrees in the field of civil status, nationality, and notarization."

^[2] This Article is amended and supplemented pursuant to Clause 1, Article 2 of Decree No. 07/2025/NĐ-CP amending and supplementing certain Articles of Decrees in the field of civil status, nationality, and notarization, which takes effect from January 9, 2025.

^[3] This Clause is amended and supplemented pursuant to Clause 2, Article 2 of Decree No. 07/2025/NĐ-CP amending and supplementing certain Articles of Decrees in the field of civil status, nationality, and notarization, which takes effect from January 9, 2025.

^[4] The phrase "During the transitional period, persons requesting civil status registration must present proof of place of residence" is abolished pursuant to Clause 2, Article 13 of Decree No. 104/2022/NĐ-CP amending and supplementing certain Articles of Decrees related to the submission and presentation of household registration books and temporary residence certificates on paper when performing administrative procedures and providing public services, which takes effect from January 1, 2023.

^[5] This Clause is amended and supplemented pursuant to Clause 2, Article 2 of Decree No. 07/2025/NĐ-CP amending and supplementing certain Articles of Decrees in the field of civil status, nationality, and notarization, which takes effect from January 9, 2025.

^[6] The name of this Article is amended and supplemented pursuant to Point a, Clause 3, Article 2 of Decree No. 07/2025/NĐ-CP amending and supplementing certain Articles of Decrees in the field of civil status, nationality, and notarization, which takes effect from January 9, 2025.

^[7] This Clause is amended and supplemented pursuant to Point b, Clause 3, Article 2 of Decree No. 07/2025/NĐ-CP amending and supplementing certain Articles of Decrees in the field of civil status, nationality, and notarization, which takes effect from January 9, 2025.

^[8] This Clause is added pursuant to Point c, Clause 3, Article 2 of Decree No. 07/2025/NĐ-CP amending and supplementing certain Articles of Decrees in the field of civil status, nationality, and notarization, which takes effect from January 9, 2025.

^[9] This Point is amended pursuant to Clause 4, Article 2 of Decree No. 07/2025/NĐ-CP amending and supplementing certain Articles of Decrees in the field of civil status, nationality, and notarization, which takes effect from January 9, 2025.

^[10] This Clause is amended pursuant to Clause 5, Article 2 of Decree No. 07/2025/NĐ-CP amending and supplementing certain Articles of Decrees in the field of civil status, nationality, and notarization, which takes effect from January 9, 2025.

^[11] This Clause is abolished pursuant to Clause 10, Article 2 of Decree No. 07/2025/NĐ-CP amending and supplementing certain Articles of Decrees in the field of civil status, nationality, and notarization, which takes effect from January 9, 2025.

^[12] This Clause is abolished pursuant to Clause 2, Article 25 of Decree No. 87/2020/NĐ-CP stipulating the Electronic Civil Status Database and Online Civil Status Registration, which takes effect from September 15, 2020.

^[13] This Clause is abolished pursuant to Clause 2, Article 25 of Decree No. 87/2020/NĐ-CP stipulating the Electronic Civil Status Database and Online Civil Status Registration, which takes effect from September 15, 2020.

^[14] This Clause is amended and supplemented pursuant to Clause 6, Article 2 of Decree No. 07/2025/NĐ-CP amending and supplementing certain Articles of Decrees in the field of civil status, nationality, and notarization, which takes effect from January 9, 2025.

^[15] This Clause is amended pursuant to Clause 7, Article 2 of Decree No. 07/2025/NĐ-CP amending and supplementing certain Articles of Decrees in the field of civil status, nationality, and notarization, which takes effect from January 9, 2025.

^[16] This Section includes Articles 28a, 28b, and 28c added pursuant to Clause 8, Article 2 of Decree No. 07/2025/NĐ-CP amending and supplementing certain provisions of several Decrees in the field of household registration, nationality, and notarization, which took effect from January 9, 2025.

^[17] This Clause was amended pursuant to Clause 9, Article 2 of Decree No. 07/2025/NĐ-CP amending and supplementing certain provisions of several Decrees in the field of household registration, nationality, and notarization, which took effect from January 9, 2025.

^[18] Article 24 and Article 25 of Decree No. 87/2020/NĐ-CP on the Electronic Household Registration Database and Online Household Registration, effective from September 15, 2020, provide as follows:

"Article 24. Transitional Provisions

1. Local household registration and management agencies shall uniformly use the Common Household Registration and Management Software from the date this Decree takes effect.

2. People's Committees at all levels shall be responsible for implementing the digitization, management, and exploitation of household registration data from paper books; converting and standardizing data from local household registration software implemented before the effective date of this Decree, and updating the Electronic Household Registration Database according to the guidelines of the Ministry of Justice, ensuring completion by January 1, 2025.

3. The exploitation and use of the Electronic Household Registration Database for online household registration shall be decided by the Provincial People's Committee regarding scope, extent, and implementation time based on the information infrastructure conditions of the locality.

4. The Ministry of Justice shall take the lead and coordinate with the Ministry of Foreign Affairs to upgrade and adjust the Common Household Registration and Management Software to implement synchronously at overseas representative offices and the Ministry of Foreign Affairs.

5. The Ministry of Foreign Affairs shall unify with the Ministry of Justice regarding the scope, extent, and implementation time of the Common Household Registration and Management Software based on actual conditions at each representative office, ensuring completion by January 1, 2022; implementing the digitization, management, and exploitation of household registration data from paper books, and updating the Electronic Household Registration Database according to the guidelines of the Ministry of Justice, ensuring completion by January 1, 2025.

6. Household Registers opened before the effective date of this Decree shall still be closed when they are full, certified copies made, and transferred according to Clause 1 and Clause 2, Article 12 of Decree No. 123/2015/NĐ-CP.

7. After the Electronic Household Registration Database and the National Population Database are put into operation and used uniformly nationwide, administrative procedure agencies shall be responsible for connecting with these databases to determine the marital status of individuals requesting administrative procedures, without requiring submission of a Certificate of Marital Status.

The Ministry of Justice shall coordinate with the Ministry of Public Security to guide the uniform implementation of the provisions of this Clause.

Article 25. Implementation Provisions

1. This Decree takes effect from September 15, 2020.

2. Abolish the provisions of Clause 1 and Clause 2, Article 12 of Decree No. 123/2015/NĐ-CP dated November 15, 2015 of the Government.

3. The Minister of Justice within the scope of their functions, duties, and authority assigned shall be responsible for organizing the implementation, guiding, and inspecting the enforcement of this Decree.

4. Ministers, Heads of ministerial-level agencies, Heads of other central agencies, Chairmen of provincial People's Committees, relevant agencies, organizations, and individuals shall be responsible for enforcing this Decree."

Article 15 of Decree No. 104/2022/ND-CP amending and supplementing certain articles of related decrees concerning the submission and presentation of household registration books and temporary residence certificates on paper when performing administrative procedures and providing public services shall take effect from January 1, 2023, and is stipulated as follows:

"Article 15. Responsibilities for Implementation and Provisions for Enforcement

1. The Minister, Head of a ministerial-level agency, Head of an agency under the Government, Chairpersons of People's Committees of provinces and centrally governed cities shall be responsible for implementing this Decree and announcing administrative procedures within their functional management scope according to the relevant regulations.

2. This Decree shall take effect from January 1, 2023.

3. From the date this Decree takes effect, administrative procedures and public services requiring the submission and presentation of household registration books and temporary residence certificates on paper shall be replaced by the exploitation and utilization of residence information as prescribed in Article 14 of this Decree."

Article 5 of Decree No. 07/2025/ND-CP amending and supplementing certain articles of decrees in the field of civil status, nationality, and notarization, effective from January 9, 2025, is stipulated as follows:

"Article 5. Implementation Provisions

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

2. For certification, civil status, and nationality files received before the effective date of this Decree that have not been resolved, they shall continue to be processed according to the provisions of Decree No. 23/2015/ND-CP, Decree No. 123/2015/ND-CP, Decree No. 87/2020/ND-CP, and Decree No. 16/2020/ND-CP.

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

4. The Minister, Head of a ministerial-level agency, Head of an agency under the Government, Chairpersons of People's Committees at all levels, and individuals, agencies, and organizations related to this matter shall be responsible for implementing this Decree."