Joint Circular No. 11/2008/TTLT-BTP-BNG guiding the implementation of the provisions of Government Decree No. 158/2005/NĐ-CP dated December 27, 2005 on registration and management of household records at diplomatic missions and consular offices of Vietnam abroad.

JOINT CIRCULAR

GUIDELINES FOR IMPLEMENTING THE REGULATIONS OF DECREE NO. 158/2005/ND-CP DATED DECEMBER 27, 2005 OF THE GOVERNMENT ON REGISTRATION AND MANAGEMENT OF HOUSEHOLD REGISTRIES AT FOREIGN DIPLOMATIC MISSIONS

AND CONSULAR AGENCIES OF VIETNAM ABROAD

 VIETNAMESE CONSULAR AGENCIES ABROAD

__________________________

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;

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

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;

THE MINISTRY OF JUSTICE AND THE MINISTRY OF FOREIGN AFFAIRS UNIFY THE GUIDANCE ON IMPLEMENTATION OF CERTAIN PROVISIONS OF DECREE NO. 158/2005/ND-CP DATED DECEMBER 27, 2005 OF THE GOVERNMENT ON REGISTRATION AND MANAGEMENT OF HOUSEHOLD REGISTRIES AT FOREIGN DIPLOMATIC MISSIONS AND CONSULAR AGENCIES OF VIETNAM ABROAD AS FOLLOWS:

I. GENERAL PROVISIONS

1. SCOPE AND SUBJECTS REGULATED

a) These Joint Circulars guide the implementation of Article 80 of Decree No. 158/2005/ND-CP dated December 27, 2005 of the Government on registration and management of household registries (hereinafter referred to as Decree No. 158/2005/ND-CP) at foreign diplomatic missions and consular agencies of Vietnam abroad (hereinafter collectively referred to as Vietnamese representative offices), including:

- Registration of birth for children born abroad and holding Vietnamese citizenship according to the provisions of the Law on Vietnamese Citizenship;

- Registration of marriage between two Vietnamese citizens temporarily residing abroad;

- Registration of death for Vietnamese citizens who died abroad;

- Registration of adoption between the adopter being a Vietnamese citizen temporarily residing abroad and the child to be adopted being a Vietnamese citizen temporarily residing abroad;

- Registration of guardianship between Vietnamese citizens residing abroad with each other, or between Vietnamese citizens residing abroad and foreigners;

- Registration of acknowledgment of parentage between the acknowledger and the acknowledged person being Vietnamese citizens temporarily residing abroad;

- Registration of changes, corrections to household registries, determination of nationality, determination of gender, supplementation to household registries, adjustment to household registries for Vietnamese citizens who have registered at Vietnamese representative offices or have been registered at competent authorities of foreign countries and have been noted in the household registry at Vietnamese representative offices;

- Implementation of recording other changes to household registries of Vietnamese citizens residing abroad, including: determination of parentage; change of nationality; divorce; annulment of illegal marriage; termination of adoption;

- Registration of delayed births and deaths for Vietnamese citizens residing abroad;

- Re-registration of births, deaths, marriages, adoptions for Vietnamese citizens residing abroad, which were previously registered at Vietnamese representative offices;

- Implementation of recording matters such as birth; marriage; acknowledgment of parentage; adoption of Vietnamese citizens residing abroad who have registered at competent authorities of foreign countries;

- Issuance of original Birth Certificates; issuance of certified copies of household registry documents for Vietnamese citizens who have registered household events at Vietnamese representative offices, where the registers of these household events are currently stored at Vietnamese representative offices;

- Issuance of Certificates of Marital Status for Vietnamese citizens during their residence abroad.

b) The following household registry matters shall be implemented in accordance with Decree No. 68/2002/ND-CP dated July 10, 2002 of the Government detailing certain provisions of the Law on Marriage and Family regarding family relations with foreign elements (hereinafter referred to as Decree No. 68/2002/ND-CP) and Decree No. 69/2006/ND-CP dated July 21, 2006 of the Government amending and supplementing certain provisions of Decree No. 68/2002/ND-CP:

- Registration of marriage between Vietnamese citizens where one or both parties are settled abroad; or registration of marriage between Vietnamese citizens residing abroad and foreigners;

- Registration of acknowledgment of parentage between Vietnamese citizens where one or both parties are settled abroad; or registration of acknowledgment of parentage between Vietnamese citizens residing abroad and foreigners;

- Registration of adoption between Vietnamese citizens where one or both parties are settled abroad; or registration of adoption between foreigners permanently residing in the receiving country wishing to adopt Vietnamese children residing in that country.

2. DETERMINATION OF AUTHORITY FOR HOUSEHOLD REGISTRY REGISTRATION

a) For countries where Vietnam has established representative offices, the registration of household registries according to these Joint Circulars shall be carried out at Vietnamese representative offices in the consular district where the parties reside.

b) For countries without diplomatic relations with Vietnam or where Vietnam has not established representative offices, the registration of household registries according to these Joint Circulars shall be carried out at one of the following agencies:

- The nearest Vietnamese representative office;

- Vietnamese representative office in the country of concurrent accreditation;

- Other agencies authorized by the Ministry of Foreign Affairs to perform consular functions.

In this technical regulation, the following terms are understood as follows:

In these Joint Circulars, the following terms are understood as follows:

a) “VIETNAMESE CITIZENS RESIDING ABROADare Vietnamese citizens who are either permanently or temporarily residing abroad.

b) “VIETNAMESE CITIZENS PERMANENTLY RESIDING ABROADare those Vietnamese citizens who hold Vietnamese citizenship, reside, work, and live abroad and are granted permits by the host country for permanent residency abroad.

c) “VIETNAMESE CITIZENS TEMPORARILY RESIDING ABROADare those Vietnamese citizens who hold Vietnamese citizenship, working, studying, or laboring abroad for a limited period and are granted permits by the host country for temporary residency abroad.

4. INDIVIDUAL DOCUMENTS TO BE SUBMITTED WHEN REGISTERING HOUSEHOLD REGISTRIES

When registering household registries at Vietnamese representative offices, the parties must submit photocopies of the following documents to prove their identity and place of residence:

- Passport or other documents substituting for Passport (such as Seaman's Passport; Border Pass; Entry/Exit Pass; Repatriation Pass; Travel Pass); in cases where there is no Passport or substitute Passport, other documents proving identity may be presented (such as Identity Card, Household Register, Certificate of Resident Registration, most recent Voter Card...).

- Documents proving the residence status of the individual in the host country.

When submitting photocopies of the above documents, the parties must present the originals for verification.

5. USE OF HOUSEHOLD REGISTRY FORMS

When registering household events in accordance with Section II of this Circular, the Vietnamese representative office shall use the household registration forms issued together with Decision No. 04/2007/QĐ-BTP dated June 13, 2007, of the Minister of Justice on the issuance of household registration books and forms for use at Vietnamese diplomatic missions and consular offices abroad (hereinafter referred to as Decision No. 04/2007/QĐ-BTP).

II. HOUSEHOLD REGISTRATION

1. Birth Registration

a) The Vietnamese representative office in the country where the child was born or in the country where the parents of the child are Vietnamese citizens residing shall carry out birth registration.

The Vietnamese representative office shall only register the birth of a child if the parents agree to choose Vietnamese nationality for the child in accordance with the provisions of the Nationality Law.

b) The procedures and formalities for registering the birth of a child shall be carried out similarly to those prescribed in Article 15 of Decree No. 158/2005/NĐ-CP.

c) In cases where one parent of the child is a Vietnamese citizen and the other is a foreigner, the determination of the child's nationality shall be carried out in accordance with the provisions of the Nationality Law.

d) Determination of Surname and Place of Origin

When registering the birth, the surname and place of origin of the child shall be determined according to the surname and place of origin of the father or the mother, in accordance with custom or by agreement between the parents.

In cases of registering the birth of a child born out of wedlock, if there is no decision recognizing the father of the child, then the surname and place of origin of the child shall be determined according to the surname and place of origin of the mother.

đ) Recording the Place of Birth

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

e) In cases of registering the birth of a child born out of wedlock when at the time of registration there is a person who recognizes the child as his/her own, the Vietnamese representative office shall combine the resolution of the recognition of the child and the birth registration. If the person recognizing the child is a foreigner or a Vietnamese citizen residing abroad, the registration of the recognition of the child shall be carried out in accordance with the provisions of Decree No. 68/2002/NĐ-CP; if the person recognizing the child is a Vietnamese citizen temporarily residing abroad, the registration of the recognition of the child shall be carried out in accordance with the provisions of Decree No. 158/2005/NĐ-CP and this Circular.

When combining the resolution of the recognition of the child and the birth registration, the head of the Vietnamese representative office must still issue a decision recognizing the child to the parties concerned.

2. Marriage Registration

a) The Vietnamese representative office in the country where one or both of the male and female parties are Vietnamese citizens temporarily residing shall carry out marriage registration.

b) When registering a marriage, both male and female parties must submit a Marriage Registration Form (according to the prescribed model) and confirm their marital status or make a declaration about their marital status in accordance with the guidance provided in points c, d, đ of this clause.

c) In cases where one of the male and female parties is temporarily residing in another country, when registering a marriage, the Vietnamese representative office receiving the marriage registration application has the responsibility to contact the Vietnamese representative office where the party is temporarily residing at the time of registration to verify the marital status of the party during the period of temporary residence in that country.

Within five working days, the Vietnamese representative office receiving the request for verification must provide a written response, the content of which must clearly state the marital status of the party during the period of temporary residence in that 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... did not register a marriage with anyone at the Embassy of Vietnam in Federal Republic of Germany); for those who have had a spouse but have divorced or whose spouse has died, it must also clearly state this fact. (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... registered a marriage at..., but has since divorced according to Divorce Judgment/Divorce Decision No... dated... month... year... of...).

After five working days from the date of sending the request for verification, if the Vietnamese representative office receiving the marriage registration application does not receive a written response from the Vietnamese representative office regarding the marital status of the party, then the party must submit a declaration about their marital status in accordance with the guidance provided in point đ of this clause.

d) In cases where before leaving the country, one or both of the male and female parties have reached the age of marriage as prescribed by the Marriage and Family Law, then when registering a marriage, they must submit an additional Certificate of Marital Status issued by the People's Committee of the commune where they last resided before leaving the country.

In cases where the male or female party can prove that before leaving the country, they were under the age of marriage or had reached the age of marriage and had registered a marriage, but after leaving the country, they have divorced or their spouse has died, then there is no need to submit a Certificate of Marital Status in accordance with the guidance provided in this point.

đ) For those who have lived in many different places (both within the country and abroad), when registering a marriage, in addition to confirming their marital status in accordance with the guidance provided in points c, d of this clause, the parties must also submit a declaration about their marital status during the period of residence in those places and bear legal responsibility for the contents of their declaration.

The declaration must clearly state the marital status. (Example: My name is Nguyen Van A, currently temporarily residing in... I declare that during the period of residence in... from... to... I did not register a marriage with anyone. I hereby accept legal responsibility for the contents of my declaration); for those who have registered a marriage but have since divorced or whose spouse has died, this must also be clearly stated. (Example: My name is Nguyen Van A, currently temporarily residing in... I declare that during the period of residence in... from... to... I registered a marriage, but have since divorced according to Divorce Judgment/Divorce Decision No... dated... month... year... of..., and have not registered a marriage with anyone since. I hereby accept legal responsibility for the contents of my declaration).

e) The period for processing the registration of marriage and organizing the registration of marriage shall be carried out similarly to the provisions set forth in Clause 2 and Clause 3 of Article 18 of Decree No. 158/2005/NĐ-CP.

g) In cases where the male and female parties are residing temporarily in different countries, after registration, the Vietnamese representative agency that has registered the marriage must notify in writing the relevant Vietnamese representative agency.

3. Registration of death

a) The Vietnamese representative agency in the country where a Vietnamese citizen has died shall carry out the registration of death.

b) The person registering the death must submit a Death Notice or other documents confirming the death issued by the competent authority of a foreign country.

c) In cases where a Vietnamese citizen resides in another territory, the Vietnamese representative agency that has registered the death must notify in writing the Vietnamese representative agency in the last place of residence of the Vietnamese citizen before death.

d) The procedure for carrying out the registration of death shall be carried out similarly to the provisions set forth in Clause 2 of Article 21 of Decree No. 158/2005/NĐ-CP.

4. Registration of adoption

a) The Vietnamese representative agency in the country where the adoptive parent or the child to be adopted is a temporarily residing Vietnamese citizen shall carry out the registration of adoption.

b) In cases where the adoption registration is made at the Vietnamese representative agency in the country where the child to be adopted is temporarily residing, not the place of temporary residence of the adoptive parent, there must be confirmation from the Vietnamese representative agency in the country where the adoptive parent is temporarily residing regarding whether the adoptive parent meets the conditions for adoption as stipulated in the Marriage and Family Law.

c) The procedures for carrying out the registration of adoption shall be carried out similarly to the provisions set forth in Article 26 and Article 27 of Decree No. 158/2005/NĐ-CP.

d) In cases where there is an agreement between the biological parents and the adoptive parents regarding the change of information about the parents from the biological parents to the adoptive parents in the Birth Certificate and the Register of Birth Registration of the adopted child, the Vietnamese representative agency that has registered the adoption shall re-register the birth of the adopted child according to the provisions set forth in Clause 2 of Article 28 of Decree No. 158/2005/NĐ-CP.

đ) In cases where the previous registration of birth of the adopted child was carried out at the Vietnamese representative agency in another country, the Vietnamese representative agency that has re-registered the birth of the adopted child shall notify the Vietnamese representative agency that previously registered the birth of the adopted child so that this agency can make a note of the re-registration of birth; in cases where the Register of Birth Registration has been transferred and stored at the Ministry of Foreign Affairs, the Vietnamese representative agency must notify the Ministry of Foreign Affairs (Consular Department) to make a note of the re-registration of birth in the Register of Birth Registration stored at the Ministry of Foreign Affairs.

e) In cases where the previous registration of birth of the adopted child was carried out within the country, the Vietnamese representative agency that has re-registered the birth of the adopted child shall notify the Ministry of Foreign Affairs (Consular Department) to notify the Department of Justice in the jurisdiction where the party registered the birth so that the Department of Justice can direct the note of the re-registration of birth abroad; in cases where the previous birth registration was made at the Department of Justice, the Department of Justice shall carry out the note.

5. Registration of guardianship

a) The Vietnamese representative agency in the country where the guardian and the ward are temporarily residing Vietnamese citizens shall carry out the registration of guardianship.

The procedures for carrying out the registration of guardianship shall be carried out similarly to the provisions set forth in Article 30 of Decree No. 158/2005/NĐ-CP.

b) The Vietnamese representative agency that has registered the guardianship shall carry out the registration of termination and change of guardianship.

The procedures for carrying out the registration of termination and change of guardianship shall be carried out similarly to the provisions set forth in Clause 2, Clause 3, and Clause 4 of Article 31 of Decree No. 158/2005/NĐ-CP.

6. Registration of acknowledgment of parentage

a) The Vietnamese representative agency in the country where the person acknowledging or the person acknowledged as parent is a temporarily residing Vietnamese citizen shall carry out the registration of acknowledgment of parentage.

b) The procedures for carrying out the registration of acknowledgment of parentage shall be carried out similarly to the provisions set forth in Article 34 of Decree No. 158/2005/NĐ-CP.

c) After the registration of acknowledgment of parentage, the Vietnamese representative agency that has registered the acknowledgment of parentage shall supplement the information about the parents in the original Birth Certificate and the Register of Birth Registration of the child if the information about the parents was previously left blank. In cases where the Register of Birth Registration has been transferred and stored at the Ministry of Foreign Affairs, the Vietnamese representative agency must notify the Ministry of Foreign Affairs (Consular Department) to supplement the acknowledgment of parentage in the Register of Birth Registration stored at the Ministry of Foreign Affairs.

d) In cases where the previous registration of birth of the child was carried out within the country, the Vietnamese representative agency that has registered the acknowledgment of parentage shall notify the Ministry of Foreign Affairs (Consular Department) to notify the Department of Justice in the jurisdiction where the party registered the birth so that the Department of Justice can direct the supplementation of the acknowledgment of parentage in the Register of Birth Registration; in cases where the previous birth registration was made at the Department of Justice, the Department of Justice shall carry out the supplementation.

đ) In cases where the previous registration of birth of the child was carried out at the Vietnamese representative agency in another country, the Vietnamese representative agency that has registered the acknowledgment of parentage shall notify the Vietnamese representative agency where the party previously registered the birth so that this agency can supplement the acknowledgment of parentage in the Register of Birth Registration; in cases where the Register of Birth Registration has been transferred and stored at the Ministry of Foreign Affairs, the Vietnamese representative agency that received the notification must notify the Ministry of Foreign Affairs (Consular Department) to supplement the acknowledgment of parentage in the Register of Birth Registration stored at the Ministry of Foreign Affairs.

e) In cases where the information about the parents in the Register of Birth Registration and the original Birth Certificate of the child has already recorded the name of someone else who is not the biological parents, the party must carry out the correction procedure according to the provisions set forth in Section 7 of Chapter II of Decree No. 158/2005/NĐ-CP and the guidance provided in Clause 7 of Section II of this Circular.

g) In case the person receiving and the person being received are parents and children temporarily residing in two different countries, after registration, the Vietnamese representative agency where the registration of adoption of parents and children has been made must notify in writing to the relevant Vietnamese representative agency.

7. Changing, correcting household registration, re-determining nationality, re-determining gender, supplementing household registration, adjusting household registration.

a) The Vietnamese representative agency in the country where the Vietnamese citizen previously registered household registration shall carry out the registration for changing, correcting household registration, re-determining nationality, re-determining gender, supplementing household registration, and adjusting household registration.

b) The scope of changing, correcting household registration, re-determining nationality, re-determining gender, supplementing household registration, and adjusting household registration shall be implemented according to the provisions of Article 36 of Decree No. 158/2005/NĐ-CP.

c) The procedures and formalities for registering changes, corrections to household registration, re-determination of nationality, re-determination of gender, and supplementation of household registration shall be carried out similarly to the provisions of Article 38 of Decree No. 158/2005/NĐ-CP.

d) Adjustments to the contents in the household registration book and other household registration documents, except for the Birth Registration Book and the original Birth Certificate, shall be carried out similarly to the provisions of Article 39 of Decree No. 158/2005/NĐ-CP.

đ) For cases where Vietnamese citizens residing abroad have registered household registration with foreign competent authorities and have noted in the Vietnamese representative agency's household registration book, if they request changes, corrections to household registration, re-determination of nationality, re-determination of gender, supplementation of household registration, and adjustments to household registration, these requests will also be processed at the Vietnamese representative agency where the aforementioned household registration matters were noted.

e) In cases where the household registration book has been transferred to one volume at the Ministry of Foreign Affairs, after registering changes, corrections to household registration, re-determination of nationality, re-determination of gender, supplementation of household registration, and adjustments to household registration, the Vietnamese representative agency shall notify the Ministry of Foreign Affairs about the changed contents so that the Ministry of Foreign Affairs (Consular Department) can note them in the household registration book stored at the Ministry of Foreign Affairs.

8. Recording other household registration changes in the household registration book.

a) The Vietnamese representative agency where the household registration events of Vietnamese citizens have been registered shall implement the recording of related household registration changes, including: determination of parents and children; change of nationality; divorce; annulment of illegal marriage; termination of foster child adoption.

The receipt of information related to other household registration changes may be transferred by Vietnamese competent agencies or foreign competent agencies, or presented by the parties concerned.

b) The method of recording other household registration changes in the household registration book shall be carried out similarly to the provisions of Article 42 of Decree No. 158/2005/NĐ-CP.

c) In cases where the household registration book has been transferred to one volume at the Ministry of Foreign Affairs, after implementing the recording of other household registration changes, the Vietnamese representative agency shall notify the Ministry of Foreign Affairs about the changed contents so that the Ministry of Foreign Affairs (Consular Department) can record them in the household registration book stored at the Ministry of Foreign Affairs.

9. Registering delayed births and deaths.

a) The registration of delayed births at the Vietnamese representative agency shall only be carried out when Vietnamese citizens born abroad have not yet been registered for birth (including at the Vietnamese representative agency and at the competent authority of the foreign country).

The authority to register delayed births shall be carried out according to the guidance at point a Clause 1 Section II of this Joint Circular. In cases where an adult registers a delayed birth for themselves, it can be registered at the Vietnamese representative agency where their parents reside, or at the Vietnamese representative agency where the individual resides.

b) The registration of delayed deaths at the Vietnamese representative agency shall only be carried out when Vietnamese citizens who died abroad have not yet been registered for death (including at the Vietnamese representative agency and at the competent authority of the foreign country).

The authority and procedures for registering delayed deaths shall be carried out according to the guidance at point a Clause 3 Section II of this Joint Circular.

c) The procedures for registering delayed births and deaths shall be carried out similarly to the provisions of Article 45 of Decree No. 158/2005/NĐ-CP.

10. Re-registering births, deaths, marriages, and foster child adoptions.

a) The births, deaths, marriages, and foster child adoptions of Vietnamese citizens residing abroad shall be re-registered in cases where these household registration matters were previously registered at the Vietnamese representative agency but the household registration book and original household registration documents have been lost or damaged and are unusable.

b) The Vietnamese representative agency in the country where the Vietnamese citizen previously registered births, deaths, marriages, and foster child adoptions shall carry out the re-registration.

If the party concerned presents a valid copy of the household registration document issued by the Vietnamese representative agency before, they can re-register births, deaths, marriages, and foster child adoptions at the Vietnamese representative agency where they currently reside.

c) The procedures and formalities for re-registering births, deaths, marriages, and foster child adoptions shall be carried out similarly to the provisions of Article 48 of Decree No. 158/2005/NĐ-CP.

III. RECORDING HOUSEHOLD REGISTRATION MATTERS ALREADY REGISTERED AT FOREIGN COMPETENT AUTHORITIES IN THE HOUSEHOLD REGISTRATION BOOK.

1. Vietnamese citizens residing abroad who have registered births, marriages, adoption of parents and children, and foster child adoptions with foreign competent authorities and request issuance of household registration documents according to Vietnam's model, must go through the procedure of recording these household registration matters in the household registration book at the Vietnamese representative agency where they reside.

2. The procedures and methods of recording in the household registration book shall be carried out similarly to the provisions of Articles 56 and 57 of Decree No. 158/2005/NĐ-CP.

3. After completing the recording in the household registration book, the Vietnamese representative agency shall issue the original Birth Registration Certificate; Marriage Certificate; Decision Recognizing Adoption of Parents and Children; Decision Recognizing Foster Child Adoption to the party concerned according to each type of household registration matter recorded. The household registration book containing the recorded events serves as the basis for issuing copies of household registration documents from the household registration book in the future.

When issuing the above household registration documents, Vietnamese representative agencies shall use the original models of household registration documents attached as Appendix I of this Joint Circular.

4. In case the party requests to supplement contents missing compared to the Vietnamese household registration form, the Vietnamese representative agency shall handle the supplementation of such contents in the household registration book; the original and copies of household registration papers shall be issued according to the supplemented contents recorded in the household registration book.

In case the party requests to supplement the nationality of children in the Birth Registration Certificate and the Birth Registration Book of Vietnam, where the Birth Registration Certificate issued by the competent authority of a foreign country does not record the nationality or lacks a section for nationality, then the determination of the nationality for children to be supplemented shall be carried out in accordance with the provisions of the Law on Nationality of Vietnam.

IV. ISSUING COPIES OF HOUSEHOLD REGISTRATION PAPERS FROM THE HOUSEHOLD REGISTRATION BOOK AND REISSUING ORIGINAL BIRTH REGISTRATION CERTIFICATES

1. Issuing copies of household registration papers from the household registration book

a) The Vietnamese representative agency, which stores the household registration book, shall issue copies of household registration papers from the household registration book. In case the household registration book has been transferred to one volume at the Ministry of Foreign Affairs, the Ministry of Foreign Affairs (Consular Department) also has the authority to issue copies of household registration papers from the household registration book upon request of the party.

b) The principle of recording copies of household registration papers from the household registration book shall be implemented in accordance with Article 61 of Decree No. 158/2005/NĐ-CP.

2. Reissuing original Birth Registration Certificates

a) The Vietnamese representative agency, which stores the Birth Registration Book, shall carry out the reissuing of original Birth Registration Certificates. In case the Birth Registration Book has been transferred to one volume at the Ministry of Foreign Affairs, the Ministry of Foreign Affairs (Consular Department) also has the authority to reissue original Birth Registration Certificates upon request of the party.

b) The procedure and formalities for reissuing original Birth Registration Certificates shall be carried out similarly to the provisions of Article 63 of Decree No. 158/2005/NĐ-CP.

3. Using household registration forms

When reissuing original Birth Registration Certificates and issuing copies of household registration papers from the household registration book as guided in this Section, the Vietnamese representative agency shall use the household registration forms issued together with Decision No. 04/2007/QĐ-BTP. In case the Ministry of Foreign Affairs (Consular Department) reissues original Birth Registration Certificates and issues copies of household registration papers from the household registration book, then the model of original Birth Registration Certificates and copies of household registration papers shall be used according to Appendix II issued together with this Joint Circular.

V. ISSUING CERTIFICATES OF MARRIAGE STATUS

1. The Vietnamese representative agency in the country where Vietnamese citizens reside shall issue Certificates of Marriage Status for them during their residence in that country if the party requests.

2. The procedures for issuing Certificates of Marriage Status shall be carried out in accordance with the provisions of Article 67 of Decree No. 158/2005/NĐ-CP.

3. The content of confirmation of marriage status in the Certificate of Marriage Status shall be carried out in accordance with the guidance at point c Clause 2 Section II of this Joint Circular.

VI. RECORDING HOUSEHOLD REGISTRATION BOOKS, HOUSEHOLD REGISTRATION FORMS, CORRECTING ERRORS IN THE CONTENTS OF THE HOUSEHOLD REGISTRATION BOOK

1. Recording household registration books, household registration forms

The principle of recording household registration books, household registration forms shall be implemented in accordance with the provisions of Article 68 of Decree No. 158/2005/NĐ-CP.

2. Correcting errors in the household registration book due to recording

a) The household registration book is an original document, the information recorded in the household registration book must ensure absolute accuracy. In case the content of the original household registration paper is correct but the content in the household registration book is incorrect, then the incorrect content must be corrected in the household registration book to match the original household registration paper.

b) The correction of errors due to recording in the household registration book, household registration forms shall be carried out similarly to the provisions of Article 69 of Decree No. 158/2005/NĐ-CP.

VII. STORING HOUSEHOLD REGISTRATION BOOKS, HOUSEHOLD REGISTRATION PAPERS; REGIME OF REPORTING AND STATISTICAL HOUSEHOLD REGISTRATION

1. Storing household registration books, closing household registration books

Each type of household registration matter must be registered in two volumes (dual registration). One volume is stored at the Vietnamese representative agency where the household registration is registered; one volume is transferred to the Ministry of Foreign Affairs (Consular Department). For the household registration book for issuing Certificates of Marriage Status, only one volume needs to be established and stored at the Vietnamese representative agency.

Closing the household registration book shall be carried out similarly to the provisions of Article 71 of Decree No. 158/2005/NĐ-CP.

2. Storing household registration papers

The storage of household registration papers shall be carried out in accordance with the provisions of Article 72 of Decree No. 158/2005/NĐ-CP.

3. Time limit for submitting household registration reports and statistical data

Vietnamese representative agencies have the responsibility to submit reports on the management and registration of household registration at Vietnamese representative agencies and statistical data on household registration to the Ministry of Foreign Affairs; the report for the first six months of the year must be submitted before July 31 each year; the annual report must be submitted before January 31 of the following year.

After receiving the reports from Vietnamese representative agencies, the Ministry of Foreign Affairs will compile and send them to the Ministry of Justice; the report for the first six months of the year must be submitted before August 31 each year; the annual report must be submitted before March 1 of the following year.

VIII. FOREIGN SERVICE OFFICERS AND CONSULAR OFFICERS PERFORMING HOUSEHOLD REGISTRATION WORK AT VIETNAMESE REPRESENTATIVE AGENCIES

1. At each Vietnamese representative agency abroad, there must be a foreign service officer or consular officer responsible for performing household registration work. The foreign service officer or consular officer must be responsible for the accuracy of household registration papers when issuing them to Vietnamese citizens abroad.

2. Foreign service officers and consular officers performing household registration work at Vietnamese representative agencies must be trained in household registration business. The Ministry of Foreign Affairs is responsible for coordinating with the Ministry of Justice to organize training in household registration business for foreign service officers and consular officers before they take up household registration work at Vietnamese representative agencies.

3. Foreign service officers and consular officers shall not perform the following acts:

a) Abuse of power, harassment, causing difficulties, or inconvenience to individuals when registering household registration;

b) Accepting bribes;

c) Collecting household registration fees higher than the prescribed rate or arbitrarily setting additional charges when registering household registration;

d) Unilaterally establishing procedures or documents contrary to the provisions of Decree No. 158/2005/NĐ-CP and the guidelines of this Joint Circular when registering household registration;

đ) Altering the contents already registered in the household registration book or household registration forms;

e) Intentionally issuing household registration papers with inaccurate contents.

4. When registering civil status records, diplomatic and consular officials must use the types of civil status registers and civil status forms as prescribed by the Ministry of Justice and as guided in this Joint Circular.

IX. IMPLEMENTATION

1. This Joint Circular takes effect from March 1, 2009.

2. During the implementation process, if there are any difficulties or new matters arise, the Vietnamese representative offices shall send written communications to the Ministry of Foreign Affairs so that the Ministry of Foreign Affairs may coordinate with the Ministry of Justice to provide timely guidance./.