Circular No. 12/1999/TT-BTP guiding the implementation of certain provisions of Decree No. 83/1998/NĐ-CP dated October 10, 1998 of the Government on household registration.

CIRCULAR

Guidelines for Implementing Certain Provisions of Decree No. 83/1998/ND-CP

dated October 10, 1998, of the Government on Household Registration

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Pursuant to Decree No. 38/CP dated June 4, 1993 of the Government on the functions, tasks, powers, and organization of the Ministry of Justice;

Pursuant to Decree No. 83/1998/ND-CP dated October 10, 1998 of the Government on Household Registration;

The Ministry of Justice issues guidelines for implementing certain provisions on household registration as follows:

I. (Attached to Decision No. 57/2000/QD/BTC dated April 20, 2000 of the Minister of Finance)

A. BIRTH REGISTRATION

The registration of birth shall be carried out in accordance with the provisions from Article 17 to Article 21 of Decree No. 83/1998/ND-CP dated October 10, 1998, of the Government on Household Registration (hereinafter referred to as the Decree).

1. The authority to conduct birth registration as stipulated in Article 17 of the Decree shall be implemented as follows:

Birth registration for children must be conducted at the People's Committee of the commune, ward, or town (hereinafter referred to as the People's Committee of the commune level) where the mother has registered her permanent residence.

In cases where the mother does not have or has not yet obtained a permanent residence registration but has a temporary residence registration with a specified duration as provided by the law on household registration, then the People's Committee of the commune where the mother has registered her temporary residence with a specified duration shall carry out the registration of birth for the child.

In cases where the mother has a place of permanent residence registration but for valid reasons cannot return there to register the birth of her child, the People's Committee of the commune where the child was born shall carry out the registration of birth; in this case, the mother must submit a written statement clearly explaining the reason why she cannot return to register the birth of her child at her place of permanent residence registration. After registering the birth, the People's Committee of the commune where the birth was registered shall issue a copy of the Birth Registration Certificate to the child and send a notification and a copy of the Birth Registration Certificate of the child to the People's Committee of the commune where the mother has registered her permanent residence. The People's Committee of the commune where the mother has registered her permanent residence shall record the entry in the Birth Registration Book; the number, date, month, year of registration, name, position of the person signing the Birth Registration Certificate, and the name of the Civil Status - Legal Affairs officer shall be recorded accurately according to the content of the copy of the Birth Registration Certificate. In the Remarks column of the Birth Registration Book, it must be noted "Birth registered at..." and specify the place of birth registration for the child (commune, district, province). Issuing copies of the Birth Registration Certificate later must be based on this book.

2. When conducting birth registration, the determination of the ethnicity and surname of the child to be recorded in the Birth Certificate shall be carried out in accordance with Articles 30 and 55 of the Civil Code.

3. Children who survive for 24 hours or more before dying must also be registered for birth; if the responsible party fails to register the birth of the child, the Civil Status - Legal Affairs officer must register at their home; if there is no request for a Birth Registration Certificate, it will not be issued; in the Remarks column of the Birth Registration Book, it must clearly state "Stillborn infant" for statistical purposes.

4. In cases of registering the birth of abandoned newborns, if the location where the abandonment is recorded differs from the location where the abandonment occurred, then the People's Committee of the commune where the record was made must coordinate with the People's Committee of the commune where the abandoned newborn was found to carefully check the implementation of the provisions of Article 21 of the Decree; if all procedures are complete, then the registration shall be carried out.

The record confirming the status of the abandoned newborn must include the following contents: date, month, year, and location of discovery; gender, weight, distinguishing features, property, and other items of the child (if any); name, address, identification card number of the person who discovered the child.

Within thirty days from the date of birth registration, if errors are found in the content of the Birth Registration Certificate due to incorrect recording by the Civil Status - Legal Affairs officer or due to the applicant's mistaken declaration, then the People's Committee of the commune where the birth was registered may issue a new Birth Registration Certificate to the applicant; the old certificate containing errors must be recalled and destroyed; the number, date, month, year of registration of the new Birth Registration Certificate must match the old one; in the Remarks column of the Birth Registration Book, additional entries must be made regarding the adjustment, the date, month, and year of implementation, and stamped on the adjusted content.

For errors discovered after the time limit prescribed above, if the applicant wishes to make corrections, they must follow the procedures for correcting household registration as stipulated in Articles 52 to 55 of the Decree and the provisions at point G of Section I of this Circular.

B. MARRIAGE REGISTRATION

Marriage registration shall be carried out in accordance with Articles 22 through 26 of the Decree.

1. The authority to conduct marriage registration as stipulated in Article 22 of the Decree shall be implemented as follows:

Marriage registration must be conducted at the People's Committee of the commune level where one of the two parties has registered their permanent residence.

In cases where neither the male nor the female party has or has not yet obtained a place of permanent residence registration but has a temporary residence registration with a specified duration as provided by the law on household registration, then the People's Committee of the commune where either the male or the female party has registered their temporary residence with a specified duration shall carry out the registration of marriage.

In cases where both the male and female parties are Vietnamese citizens studying, working, or serving abroad for a limited period and have cut off their household registration from their place of permanent residence, now returning to Vietnam to apply for marriage registration, then the People's Committee of the commune where the parents of the male or female party have registered their permanent residence shall carry out the registration of marriage.

2. The confirmation of marital status in the Marriage Registration Application Form must be carried out by the People's Committee of the commune where the applicant has registered their permanent residence; if the applicant does not have or has not yet obtained a place of permanent residence registration but has a temporary residence registration with a specified duration as provided by the law on household registration, then the People's Committee of the commune where the applicant has registered their temporary residence with a specified duration shall carry out this confirmation after verifying the marital status of the applicant prior to residing temporarily in the locality.

In cases where the applicant is an official, civil servant, or employee working in Party, State agencies, political social organizations, state-owned enterprises, or serving in units under the people's armed forces, the confirmation of marital status in the Marriage Registration Application Form shall be carried out by the head of the agency or unit directly managing that person.

The confirmation of marital status shall be recorded as follows:
Mr./Mrs....(full name) has registered permanent/temporary residence at...(or is currently working at...), and is currently unmarried. This marriage is the...time (specify the number of marriages).

3. In cases where both the male and female parties work at the same agency or unit or reside in the same locality (commune, ward, town) and request marriage registration, only one Marriage Registration Application Form needs to be filled out.

4. Applicants seeking marriage registration who are Vietnamese citizens studying, working, or serving abroad for a limited period and now returning to Vietnam to apply for marriage registration must have a confirmation from the diplomatic mission or consulate of Vietnam in the foreign country where they were studying, working, or serving about their marital status during their stay abroad and a confirmation from the People's Committee of the commune where they previously registered their permanent residence about their marital status before leaving the country, if the place of marriage registration is different from their previous place of permanent residence registration.

5. The notice of application for marriage registration at the People's Committee office of the commune must include the following contents: full name, date of birth, place of origin, place of permanent residence/temporary residence, Identity Card/Valid substitute document of both male and female parties, and clearly state:

- "Within seven days from the date of publication, if there are no complaints or reports that this marriage contravenes the law, the People's Committee will register the marriage."

6. During the period of considering the marriage registration application, if either one or both of the male and female parties withdraw their application for marriage registration, then the People's Committee of the commune shall return the file, but the applicant(s) will not be refunded the registration fee.

C. DEATH REGISTRATION

Death registration shall be carried out in accordance with Articles 27 through 34 of the Decree.

1. The authority to register death as stipulated in Clauses 1 through 4 of Article 27 of the Decree shall be implemented as follows:

Death registration must be carried out at the People's Committee of the commune where the deceased registered their permanent household registration; if the deceased has no place of permanent household registration but has a temporary household registration according to the law and regulations, then the People's Committee of the commune where the deceased registered their temporary household registration shall carry out the death registration.

Death registration at the People's Committee of the commune where the person died shall be carried out in the following cases:

- The deceased had no permanent residence registration and also no temporary residence registration;

- The final place of residence of the deceased cannot be determined;

- The whereabouts of the deceased are unknown.

2. Children who survive for 24 hours or more before dying must also have their death registered; if the responsible person fails to register the death, then the Household Registration - Legal Affairs officer must register it at the family's home; if there is no request for a Death Certificate, then none will be issued; in the Remarks column of the Death Registration Book, it must clearly state "Stillborn infant" for statistical purposes.

3. When registering the death of a person whose whereabouts are unknown, the People's Committee of the commune must fully implement the procedures stipulated in Article 31 of the Decree. The record confirming the status of the deceased whose whereabouts are unknown must be formalized and must include the following contents: date, month, year, location of discovery; gender, identifying features, property, and other items of the deceased (if any); full name, address, Identity Card number of the discoverer. In the Remarks column of the Death Registration Book, it must clearly state the burial location of the deceased and the tombstone number (if any); for columns that cannot determine the content, they should remain blank.

In cases where death registration and burial have already been completed, but later the whereabouts of the deceased are discovered and their relatives identified, then the People's Committee of the commune where the death was registered shall supplement necessary information in the remaining space of the Death Registration Book and issue a Death Certificate to the deceased's relatives.

4. The Notice of Death as prescribed in Clause 1 of Article 33 of the Decree shall be sent to the People's Committee of the commune with the authority to register death according to the guidelines set forth in Point C.1 of Section I of the Circular.

D. ADOPTION REGISTRATION

Adoption registration shall be carried out in accordance with Articles 35 through 40 of the Decree.

1. The authority to register adoption as stipulated in Article 35 of the Decree shall be implemented as follows:

Adoption registration must be conducted at the People's Committee of the commune where the adoptive parent or the child to be adopted is registered for permanent residence.

In cases where neither party has or has not yet obtained a place of permanent household registration but has a temporary household registration according to the law on household registration, then the People's Committee of the commune where the person applying to adopt or the child being adopted has registered their temporary household registration shall carry out the adoption registration.

The place of residence of a newborn abandoned child to be adopted shall be determined based on the place of residence of the foster parent or the location of the organization fostering the child.

2. The agreement on consent for children to be adopted must be signed by the biological parents of the child being adopted, including in cases of divorce; if the father or mother is declared missing or incapacitated by the Court, then only the signature of the other parent is required.

In cases where the biological parents have died or been declared missing or incapacitated by the Court, the guardian has the right to sign this agreement; if the guardian is appointed, then the opinion of the person, agency, or organization appointing the guardian must also be included.

In cases where the child being adopted is abandoned and currently living in healthcare facilities or care institutions, the agreement must be signed by the head of the healthcare facility or care institution; if the biological parents of the child are found, then the agreement must also include their signatures.

Apart from the above-mentioned individuals or organizations, no other individual or organization, including foster parents, has the right to sign the consent agreement for a child to be adopted.

3. Prior to registering for adoption, the People's Committee at the commune level must carefully examine and verify the adoption application file in accordance with the provisions of the law, particularly paying attention to the following points:

a. The voluntariness and legality of the act of giving up and adopting a child;

b. The qualifications of the person applying to adopt a child;

c. The purpose of adopting a child;

d. The origin of the abandoned child being adopted.

4. The notice posted at the People's Committee office of the commune and the announcement made through mass media in cases where a child with unclear origins is adopted must include the following contents: date, month, year, location of discovery; gender, weight, identifying features, property, and other items of the child (if any), and the fact that the child is being adopted. Information about the adoptive parent shall not be posted or announced.

The consent of a child aged nine years or older to be adopted must be expressed by writing "Agree" and signing the agreement on allowing the child to be adopted (according to the prescribed form); if the child does not know how to write, then the Household Registration - Legal Affairs officer must read and explain clearly what it means to be adopted; if the child agrees, then they must affix their fingerprint on the agreement instead of signing.

6. In cases where an abandoned child is adopted, after the Decision recognizing the adoption becomes legally effective, the People's Committee of the commune where the birth registration was made shall record the names of those recognized as adoptive parents in the section regarding parents in the Birth Registration Certificate and Birth Registration Book of the child; in the Remarks column of the Birth Registration Book, it must clearly state "Adoptive Parents."

7. In cases where adoptive parents wish to terminate the adoption, they must follow the legal procedures to terminate the adoption, and may not unilaterally terminate the adoption or transfer the adopted child to another person.

D. REGISTRATION OF GUARDIANSHIP

The registration of guardianship is carried out in accordance with Articles 41 to 46 of the Decree.

1. The authority to register guardianship as stipulated in Article 41 of the Decree is implemented as follows:

The registration of guardianship must be conducted at the People's Committee at the commune level where the guardian is registered as a permanent resident or where the agency or organization responsible for guardianship has its headquarters.

In cases where the guardian is an individual without or has not yet obtained a place of permanent household registration but has a temporary household registration according to the law on household registration, then the People's Committee of the commune where the guardian has registered their temporary household registration shall carry out the guardianship registration.

In cases where an agency or organization appoints someone to represent them to carry out guardianship, the authority to register guardianship is also implemented according to the above provisions.

2. When registering guardianship, if the appointment letter for the guardian includes personal property of the ward, then the Decision recognizing guardianship must clearly state the list of assets entrusted to the guardian for management and the condition of these assets.

In such cases, when registering changes or termination of guardianship, the Decision recognizing the termination of guardianship must also clearly state the current list of assets and their condition; if disputes related to the ward's property have not been resolved by the Court, then the People's Committee of the commune shall not register changes or termination of guardianship.

E. REGISTRATION OF ADOPTION OF PARENTS AND CHILDREN

The registration of adoption of parents and children is carried out in accordance with Articles 47 to 51 of the Decree.

1. The authority to register the adoption of parents and children as stipulated in Article 47 of the Decree is implemented as follows:

The registration of the adoption of parents and children must be conducted at the People's Committee at the commune level where the child is registered as a permanent resident.

In cases where a child has no or has not yet obtained a place of permanent household registration but has a temporary household registration according to the law on household registration, then the People's Committee of the commune where the child has registered their temporary household registration shall carry out the registration of recognition of parent-child relationship.

In the case where a child does not have a place of permanent household registration and also does not have a place of temporary household registration with a specified duration, then the People's Committee of the commune where the child actually resides shall carry out the registration of recognizing the father, mother, or child.

2. The registration of the adoption of parents and children can only be carried out in cases where both the applicant and the person being adopted as parents and children are still alive at the time of registration.

3. If a father or mother registers to adopt a child, the application for adoption must include the agreement of the other party, except in cases where the other party has been declared missing or incapacitated by the Court.

4. When registering to recognize a father or mother, the application for recognition must include the consent of the person currently being the mother or father and of the person to be recognized as the father or mother; if the current mother or father has been declared missing or incapacitated by the Court, then there is no need for their consent.

5. The consent of children aged nine years or older who are to be recognized as children must be expressed by writing "Agree" and signing the application (according to the prescribed model); if the child cannot write, then the Population Registration and Legal Affairs officer must read and explain clearly that they will be recognized as a child; if they agree, then they should affix a fingerprint instead of signing.

The above provisions also apply to cases where a child from nine to under fifteen years old applies to adopt a father or mother.

6. The notice posted at the People's Committee office of the commune must contain the following information: full name, date of birth, place of origin, place of permanent/temporary residence of both parties requesting and being requested to recognize as father, mother, or child, and the request to recognize father, mother, or child.

G. REGISTRATION OF CHANGE OF NAME AND SURNAME; CORRECTION OF NAME, SURNAME, GIVEN NAME, DATE OF BIRTH; RECONSTRUCTION OF ETHNICITY

Changing the surname, given name, middle name; correcting the surname, given name, middle name, date of birth; determining the nationality again (hereinafter referred to as changing, correcting population registration, determining nationality again) shall be carried out according to the provisions from Article 52 to Article 55 of the Decree.

1. The provisions of Article 52 of the Decree regarding the authority of the People's Committee at the provincial level to register the change, correction of civil status, and reconstruction of ethnicity are implemented as follows:

The registration of changing, correcting population registration, determining nationality again must be conducted at the People's Committee of the province where the applicant has a place of permanent household registration or where the birth registration was previously registered.

In cases where the party does not have or has not yet obtained a place of permanent household registration but has a temporary household registration with a specified duration as provided by law on household registration, then the People's Committee of the province where the temporary household registration is located also has the authority to conduct the registration of changing, correcting population registration, determining nationality again for that person.

2. Correcting population registration, especially correcting the date of birth, can only be carried out in cases where there are sufficient grounds to determine that when registering the birth, there were errors due to the record-keeping of the Population Registration and Legal Affairs officers or due to the party's mistaken declaration. In cases where the request to correct population registration in the Birth Certificate is made intentionally to alter the truth of the previously registered information to legitimize current personal documents, such requests will not be resolved.

3. The person applying to change, correct population registration, or determine nationality again, in principle, must present the original Birth Certificate; if the original Birth Certificate is lost, it may be replaced by a copy of the Birth Certificate from the original book issued within three months. In this case, only the People's Committee of the province where the party previously registered the birth can conduct the registration of changing, correcting population registration, determining nationality again.

4. When recording the contents of changes and corrections in the Birth Registration Certificate, attention should be paid to:

a. Only record the contents that have been changed or corrected on the back of the original Birth Registration Certificate, not on the front of the Birth Registration Certificate;

b. For old Birth Certificate forms and copies of Birth Certificates from the original book without annotations of changes or corrections on the back of the Birth Certificate, the Department of Justice shall base on the content of the form issued together with Decision No. 1203 QĐ/TP-HT dated December 26, 1998, of the Minister of Justice to record.

After the changes or corrections to population registration have been annotated on the original Birth Certificate or copies of Birth Certificates from the original book and the Birth Registration Book, a copy of the Birth Certificate will be issued according to the adjusted content.

5. In cases where the child applies to change the surname from the father's surname to the mother's surname or to determine the nationality again from the father's nationality to the mother's nationality, or vice versa, the consent of both parents is required.

6. Changes and corrections to other contents in the Birth Registration Certificate are also carried out in accordance with Articles 52 to 55 of the Decree and the provisions at point G of Section I of this Circular.

7. Requests to correct other population registration documents (excluding Birth Certificates) do not fall under the scope of adjustment of point G Section I of this Circular. In cases where the party requests to correct these documents, the People's Committee that previously issued these population registration documents shall adjust them based on the original Birth Certificate or a copy of the Birth Certificate from the original book issued within three months.

H. RECORDING OTHER HOUSEHOLD REGISTRATION CHANGES IN THE BOOK

Recording other household registration changes in the book is carried out in accordance with Articles 56 to 58 of the Decree.

1. Recording other household registration changes in the book requires attention to the following points:

a. Divorce and annulment of illegal marriage are recorded in the Notes column of the Marriage Registration Book;

b. Changes in nationality are recorded in the Notes column of the Birth Registration Book;

c. Determination of parent-child relationships is recorded in the Notes column of the Child's Birth Registration Book;

d. Decisions declaring disappearance, incapacity, restricted capacity, or restricted rights of the father or mother towards underage children shall temporarily not be recorded in the book but shall be kept at the People's Committee of the commune where the party resides for management and monitoring.

2. When recording the matters mentioned in points a, b, and c above in the book, the Population Registration and Legal Affairs officer must clearly record the contents of the changes, decision number, date of issuance of the Decision, issuing agency, and the signatory of the Decision.

3. When entering the recognition of father, mother, or child into the Birth Registration Book and Birth Certificate based on the Decision of the People's Committee or the Court, the Population Registration and Legal Affairs officer must supplement the name of the father or mother into the Birth Registration Book and Birth Certificate of the child, if previously left blank. If the Birth Registration Book and Birth Certificate previously recorded the name of another person in the section for father or mother, then the party must follow the procedures for changing or correcting population registration as stipulated in Articles 52 to 55 of the Decree and the provisions in point G Section I of this Circular.

I. LATE REGISTRATION AND RE-REGISTRATION

Late registration of births and deaths, and re-registration of births, deaths, marriages, and adoption are carried out in accordance with Articles 59 to 67 of the Decree.

1. The authority for late registration of births and deaths as stipulated in Article 60 of the Decree is implemented as follows:

Late registration of births and deaths must be carried out at the People's Committee of the commune where the party has their permanent residence registration.

In cases where the party does not have or has not yet obtained a place of permanent household registration but has a temporary household registration with a specified duration as provided by law on household registration, then the People's Committee of the commune where the party has a temporary household registration with a specified duration shall carry out overdue birth registration or death registration.

2. The authority for re-registration of births, deaths, marriages, and adoption as stipulated in Article 64 of the Decree is implemented as follows:

Re-registration of births, deaths, marriages, and adoption must be carried out at the People's Committee of the commune where the party has their permanent residence registration or where they previously registered their household.

In cases where the party applying for re-registration of birth, death, marriage, or adoption does not have or has not yet obtained a place of permanent household registration but has a temporary household registration with a specified duration as provided by law on household registration, then the People's Committee of the commune where the party has a temporary household registration with a specified duration shall carry out the re-registration of birth, death, marriage, or adoption.

3. When registering beyond the deadline or re-registering, a stamp must be affixed under the title of the registration document beyond the deadline or re-registration according to the following model:

- The model stamp for registration beyond deadline is:

- The model stamp for re-registration is:

These stamp models must have smaller font size than the title of the household registration document.

4. When registering an overdue birth or re-registering a birth, the birth registration contents must be recorded according to the actual time of birth; however, the date, month, year recorded in the Birth Registration Book and Birth Certificate shall be recorded according to the date, month, year of overdue registration or re-registration.

II. REGISTRATION OF HOUSEHOLD REGISTRATION WITH FOREIGN ELEMENTS

A. BIRTH REGISTRATION

The registration of births with foreign elements shall be carried out in accordance with Articles 68, 69, 70, and 74 of the Decree.

1. The authority for registering births as stipulated in Articles 68 and 74 of the Decree shall be implemented as follows:

a) The registration of birth for children born in Vietnam where both parents are foreigners or overseas Vietnamese citizens shall be carried out upon the request of the parties at the People's Committee of the province where the parents are registered to reside permanently; if the parents do not have permanent residence registration in Vietnam, then it shall be carried out at the People's Committee of the province where the parents are registered temporarily.

b) The registration of birth for children born in Vietnam where only one parent is a foreigner or overseas Vietnamese citizen and the other parent is a Vietnamese citizen residing permanently in Vietnam shall be carried out at the People's Committee of the province where the mother or father who is a Vietnamese citizen is registered to reside permanently. In cases where the mother or father does not have or has not yet obtained a permanent residence registration but has a temporary residence registration with a specified term as provided by the law on household registration, the registration of birth for the child shall be carried out at the People's Committee of the province where that person is registered temporarily.

2. When registering the birth of a child born in Vietnam where one parent is a foreign citizen and the other is a Vietnamese citizen, it is necessary to check the agreement document of the parents regarding the selection of nationality for the child. If the parents choose a foreign nationality for the child, there must be confirmation from the competent authority of the country of which the foreigner is a citizen that choosing a foreign nationality for the child is in accordance with the laws of that country. The confirmation document must be apostilled, translated into Vietnamese, and the translation must be notarized according to Vietnamese law.

B. DEATH REGISTRATION

The registration of deaths with foreign elements shall be carried out in accordance with Articles 71 to 74 of the Decree.

1. The authority for registering deaths of foreigners as stipulated in Article 71 and for overseas Vietnamese citizens as stipulated in Article 74 of the Decree shall be implemented as follows:

The registration of death for foreigners or overseas Vietnamese citizens who die in Vietnam shall be carried out upon the request of the parties at the People's Committee of the province where the deceased is registered to reside permanently; if the deceased does not have a permanent residence registration in Vietnam, then the registration shall be carried out at the People's Committee of the province where the deceased is registered temporarily.

2. After registering the death of a foreign citizen or an overseas Vietnamese citizen who died in Vietnam, the Department of Justice shall send a copy of the Death Certificate to the Consular Bureau of the Ministry of Foreign Affairs to notify the competent authority of the country of which the deceased is a citizen or to send it to the diplomatic mission or consulate of Vietnam in the country where the Vietnamese citizen resides.

C. REGISTRATION OF MARRIAGES BETWEEN FOREIGNERS

The registration of marriages between foreigners in Vietnam shall be carried out in accordance with Articles 76, 77, and 78 of the Decree.

1. The authority for registering marriages between foreigners as stipulated in Article 76 of the Decree shall be implemented as follows:

The registration of marriage between foreigners shall be carried out upon the request of the parties at the People's Committee of the province where the male or female party is registered to reside permanently; if neither party has a permanent residence registration in Vietnam, then the registration of marriage shall be carried out at the People's Committee of the province where one of the parties is registered temporarily.

2. The application for marriage registration must be prepared in two sets and submitted to the Department of Justice; each set includes the following documents:

a) The marriage registration form (according to the prescribed model) of the male and female parties;

b) A copy of the Birth Certificate or a document confirming the date, month, and year of birth of the male and female parties;

c) A certificate from the competent authority of the country where the foreigner is a citizen confirming that the person is eligible for marriage and permitted to register marriage in Vietnam.

In cases where a foreigner residing in Vietnam or having continuously resided in Vietnam before reaching 18 years of age cannot obtain the certificates from abroad as stipulated in points b and c above due to objective reasons, they may substitute them with a certificate from the People's Committee of the commune where they are registered to reside permanently.

Documents issued by the competent authority of a foreign country must be apostilled, translated into Vietnamese, and the translation must be notarized in accordance with Vietnamese law.

3. The registration of marriage between foreigners shall be refused if it falls within one of the prohibited marriage cases as stipulated by the Law on Marriage and Family of Vietnam.

D. REGISTRATION OF CHANGES AND CORRECTIONS TO HOUSEHOLD REGISTRATION AND REDETERMINATION OF ETHNICITY FOR VIETNAMESE CITIZENS RESIDING ABROAD

1. The authority for registering changes and corrections to household registration and redetermination of ethnicity for Vietnamese residents abroad belongs to the People's Committee of the province where the applicant previously registered their birth.

2. The person applying for changes and corrections to household registration and redetermination of ethnicity must, in principle, present the original Birth Certificate; if the original Birth Certificate is lost, it can be replaced by a copy of the Birth Certificate from the original book issued within the last three months.

2. A person applying for changes and corrections to household registration or redetermination of ethnicity must present the original Birth Registration Certificate; if the original Birth Registration Certificate is lost, it can be substituted with a certified copy of the Birth Registration Certificate issued from the original book within three months.

3. In cases where a child requests to change their surname from that of the father to that of the mother or to re-determine their ethnicity from that of the father to that of the mother, or vice versa, the consent of both the father and the mother must be obtained.

4. In cases where the party cannot return to the country to directly handle the procedures for changing, correcting household registration, or re-determining ethnicity, they may authorize a relative within the country in writing to carry out these procedures.

The power of attorney document must clearly state the full name, date of birth, place of permanent residence, passport or valid substitute document of the principal and the agent; the content of the power of attorney; the reason for the power of attorney; the relationship between the principal and the agent. The power of attorney document must be confirmed by the diplomatic mission or consulate of Vietnam in the country where the Vietnamese citizen is residing. If the person is of Vietnamese origin, they may obtain confirmation from the competent authority of the country of which the person is currently a citizen; in this case, the power of attorney document must be apostilled, translated into Vietnamese, and the translation must be notarized according to Vietnamese law.

D. REGISTRATION OF DELAYED BIRTHS AND DEATHS AND RE-REGISTRATION OF BIRTHS, DEATHS, MARRIAGES, AND ADOPTION FOR VIETNAMESE CITIZENS RESIDING ABROAD

The registration of births, deaths overdue, re-registration of births, deaths, marriages, adoption (hereinafter referred to as overdue registration or re-registration) for Vietnamese citizens residing abroad shall be carried out in accordance with the provisions of Articles 86 to 91 of the Decree.

1. The authority for registering delayed events as stipulated in Article 86 and re-registration as stipulated in Article 89 of the Decree shall be implemented as follows:

- For overdue registration: Overdue registration of births and deaths occurring in Vietnam for Vietnamese citizens residing abroad shall be carried out at the People's Committee of the province where the birth or death occurred.

- For re-registration: Re-registration of births, deaths, marriages, adoptions for Vietnamese citizens residing abroad shall be carried out at the People's Committee of the province within whose jurisdiction the parties previously registered the birth, death, marriage, or adoption, or the place of permanent residence of the person before departure.

2. In cases of overdue registration or re-registration of births for persons of Vietnamese origin (who have renounced (lost) Vietnamese citizenship), the Vietnamese nationality must still be recorded in the Birth Registration Certificate. If the party presents documents proving the renunciation (loss) of Vietnamese citizenship, this fact must be noted on the back of the Birth Registration Certificate.

3. In cases where the party is unable to return to the country to directly apply for overdue registration of births, deaths or re-registration of births, deaths, they may authorize relatives in the country to carry out the procedure. The authorization must comply with the provisions of point D.4 Section II of this Circular.

Authorization to carry out re-registration of marriages or adoptions will not be accepted.

E. RECORDING CHANGES IN HOUSEHOLD REGISTRATION ALREADY REGISTERED WITH FOREIGN COMPETENT AUTHORITIES

Recording changes to household registration due to marriage, adoption, divorce, termination of adoption of Vietnamese citizens registered or resolved by competent authorities in foreign countries (hereinafter referred to as recording changes to household registration abroad) shall be carried out in accordance with the provisions of Articles 83, 84, and 85 of the Decree.

1. The following situations require procedures for recording changes in household registration abroad:

a) Returning to reside permanently in Vietnam, including those who fall under the category of repatriation;

b) Having previously registered marriage or adoption in Vietnam;

c) Other cases requiring the handling of household registration matters in Vietnam related to changes in household registration abroad.

In cases where the parties request to record divorce or termination of adoption in the household registration book, but their previous marriage or adoption was not recorded in Vietnam, they must first complete the procedures for recording their marriage or adoption in the book before the divorce or termination of adoption can be processed.

2. The authority for recording changes in household registration abroad as stipulated in Article 83 of the Decree shall be implemented as follows:

a) The provincial People's Committee within whose jurisdiction the parties previously registered their marriage or adoption shall carry out the recording of divorce or termination of adoption from abroad.

b) The provincial People's Committee where the parties have permanent residence registration shall handle the recording of changes in household registration from abroad; if the parties do not have or have not yet obtained a permanent residence registration but have a temporary residence registration with a specified duration according to the law on residence registration, then the provincial People's Committee where the temporary residence registration is made shall handle it.

In cases where the parties reside abroad (not permanently residing in Vietnam), the provincial People's Committee where the parties had their permanent residence registration prior to departure shall carry out the recording of changes in household registration from abroad.

3. The application for recording changes in household registration abroad must be prepared in two sets and submitted to the Department of Justice; each set includes the following documents:

a) An application for recording changes in household registration abroad (according to the prescribed form);

b) A copy of the Passport or other valid substitute identification still in effect;

c) Certified copies of household registration documents to be recorded (such as Marriage Certificate, Decision Recognizing Adoption, Divorce Judgment/Decision, Termination of Adoption) must be certified by the competent authority of the foreign country. These documents must be apostilled, translated into Vietnamese, and the translation must be notarized according to Vietnamese law.

In cases where the parties cannot return to the country to directly process the recording of changes in household registration from abroad, they may authorize relatives in the country to handle it. The authorization must comply with the provisions at Point D.4, Section II of this Circular.

After reviewing, if the file is found to be complete and compliant, the Department of Justice shall submit a report to the Ministry of Justice, along with one set of the file.

4. The recording of changes in household registration abroad shall only be carried out after receiving written approval from the Ministry of Justice sent to the People's Committee of the province.

5. When recording changes to household registration abroad in the register, the following points should be noted:

a) Marriages and divorces shall be recorded in the Marriage Registration Book; adoption and termination of adoption shall be recorded in the Adoption Registration Book;

b) Divorces shall be recorded in the book where the marriage was previously registered; termination of adoption shall be recorded in the book where the adoption was previously registered;

c) Household registration matters that were not previously registered in Vietnam shall be recorded in a new book.

6. Immediately after recording changes in household registration from abroad in the household registration book, the Department of Justice shall notify in writing the People's Committee of the commune where the party previously registered household registration or where the party usually resides or has a temporary residence registration with a specified duration, to note the change in household registration from abroad.

7. The procedure for noting household registration documents issued by diplomatic agencies, consular offices of Vietnam abroad, as stipulated in Clause 2, Article 82 of the Decree, shall be carried out as follows:

Vietnamese citizens returning to the country for permanent residence, including those who fall under the repatriation category, holding household registration documents issued by diplomatic agencies, consular offices of Vietnam abroad, must present them to the People's Committee of the commune where they have permanent residence registration to note them in the household registration book. When recording, it must be done in accordance with the content of the household registration documents issued by diplomatic agencies, consular offices of Vietnam abroad.

8. The provisions on apostille at Points A.2, C.2, D.4, and E.3, Section II of this Circular do not apply to documents issued by authorities of countries that have concluded international treaties with our country, which include provisions exempting apostille.

III. SOME PROVISIONS ON LEGAL DOCUMENTS

1. In cases where there is no Family Household Registration Book as prescribed in Articles 23, 34, 36, 43, 46, 48, 49, 53, and 65 of the Decree, the Temporary Residence Registration Certificate with a specified duration or the residence confirmation certificate of the Public Security agency shall be considered valid documents to replace the Family Household Registration Book.

Specifically, in cases of registering marriage at the place of permanent residence of the father or mother of the male or female party as stipulated in Point B, Section I of this Circular, the Family Household Registration Book of the father or mother shall be considered a valid document to replace the Family Household Registration Book of the male or female party.

2. In cases where there is no Passport as prescribed in Articles 69, 72, 80, 85, 87, and 90 of the Decree, a Travel Document shall be considered a valid substitute for the Passport.

IV. IMPLEMENTATION

A. HOUSEHOLD REGISTRATION AND JUSTICE OFFICERS AT THE COMMUNE LEVEL

The dispatch of household registration-titular staff to assist the People's Committee of the commune in performing duties and exercising powers in the field of household registration management must comply with the standards prescribed in Article 13 of the Decree. For the standard of having completed secondary education or higher, in mountainous communes, remote areas, and difficult regions regarding cadres' sources, it may temporarily dispatch individuals who have completed junior secondary education, but must have a plan for further training to reach the required cultural level.

B. FORMS AND BOOKS FOR HOUSEHOLD REGISTRATION

Regarding household registration forms and books uniformly printed and distributed by the Ministry of Justice as stipulated in Decision No. 1203 QĐ/TP-HT dated December 26, 1998 of the Minister of Justice, the Department of Justice must submit a forecast of the quantity of various types of household registration forms and books needed for the following year to the Ministry of Justice before October 15 each year so that the Ministry of Justice can plan printing and timely supply. Departments of Justice and Justice Offices are responsible for timely distribution to meet all requirements for household registration forms and books for the People's Committees of communes under their province or district.

For forms and books for household registration managed only in terms of content by the Ministry of Justice, Departments of Justice shall print and distribute them promptly based on the guidance of the Ministry of Justice to the registration agencies within their province.

Household registration officers of the Department of Justice and the People's Committee at the commune level shall not accept forms brought by the parties themselves when registering household information.

Departments of Justice and Justice Offices are responsible for coordinating with relevant agencies to strictly inspect and deal with individuals and organizations circulating household registration forms contrary to the regulations of the Ministry of Justice.

C. RECORD KEEPING SYSTEM FOR HOUSEHOLD REGISTRATION BOOKS AND FILES

1. Record Keeping of Household Registration Books

a) The household registration book is an original document serving as a legal basis for necessary inquiries, photocopies, and issuance of certificates regarding personal status, and therefore must be stored and preserved long-term, absolutely not damaged or lost.

b) In principle, the closing of the household registration book must be carried out on December 31 each year. Based on the actual usage situation of the book in each locality, the Director of the Department of Justice may allow continued use for the next year for types of books that were not fully used up to half in the previous year. Continued use shall not exceed one year.

c) The storage of Household Registration Books shall be carried out as follows:

- For books registered by the People's Committee at the commune level:

Immediately after closing the book, the People's Committee of the commune must complete the procedures to store one copy at its own office; the second copy must be transferred to the People's Committee of the district (through the Justice Office) before January 15 to be stored at the Department of Justice.

The People's Committee at the district level is responsible for checking and collecting all Household Registration Books from the People's Committees at the commune level within its jurisdiction and transferring them to the Department of Justice before January 31.

Immediately upon receiving the Household Registration Books from the People's Committees at the commune level transferred by the People's Committee at the district level, the Department of Justice must complete the procedures to store them.

- For books registered by the People's Committee at the provincial level:

Immediately after closing the book, the Department of Justice must complete the procedures to store it at its own office.

2. Record Keeping of Household Registration Files

Household Registration Files consist of all documents submitted by the parties when registering household information.

To serve the purpose of inquiry and use when necessary, household registration files must be stored and preserved at the agency that registered the household registration for five years. Storage beyond the five-year period shall be carried out according to the general state regulations on storage.

D. ISSUANCE OF CERTIFIED COPIES OF HOUSEHOLD REGISTRATION DOCUMENTS FROM THE ORIGINAL BOOK

1. Issuance of certified copies of household registration documents must be based on the original book.

2. The agency that issues the original household registration documents shall issue copies from the original registers, except for cases of registering births for children at the place of birth as stipulated in Point A.1 Section I of this Circular.

In cases where the People's Committee of the commune can no longer retain the original registers of household registration, the People's Committee of the province, which retains the original registers, shall issue copies.

3. When issuing copies of household registration documents from the original registers, the following points should be noted:

- The content recorded in the copy must follow the current model of the copy;

- Contents present in the current copy but not in the original register shall be left blank; contents present in the original register but not in the current copy shall not be recorded.

D. STATISTICAL REPORTING REGIME

Statistical data on civil status records are of significant importance for the development planning of the national economy and society by the State, as well as by localities, serving as a basis for formulating population development policies and family planning plans. The implementation of the periodic statistical reporting system for civil status records every six months and annually as prescribed by the Decree is mandatory for all levels of People's Committees. Judicial authorities at all levels are responsible for assisting the People's Committees in carrying out this task according to the following guidelines:

1. The report must fully and substantially reflect the situation of civil status registration and management in their locality, while clearly stating any difficulties and obstacles arising and any recommendations (if any) regarding the supplementation and amendment of laws on civil status registration.

Attached to the report is the Civil Status Statistics Report Form (as prescribed). The statistics attached to the six-month report are calculated from January 1 to June 30; the statistics attached to the annual report are calculated from January 1 to December 31 of that year. The reported figures must be actual numbers, not dependent on targets, especially birth registration figures. Higher-level People's Committees shall not adjust the figures reported by lower-level People's Committees.

2. The deadline for submitting reports by People's Committees at all levels is as follows:

- For People's Committees at the commune level, the mid-year report must be submitted to the People's Committee at the district level (through the Justice Office) before July 10; the annual report must be submitted before January 15 of the following year;

- For People's Committees of districts, the mid-year report must be submitted to the People's Committee of the province (through the Department of Justice) before July 31; the annual report must be submitted before January 31 of the following year;

- For People's Committees of provinces, the mid-year report must be submitted to the Ministry of Justice before August 31; the annual report must be submitted before March 1 of the following year:

V. SETTLEMENT OF COMPLAINTS AND ACCUSATIONS

The handling of complaints and denunciations aims to protect the legitimate rights and interests of citizens, agencies, and organizations, contributing to enhancing and consolidating the quality and integrity of cadres involved in civil status work from central to grassroots levels. State agencies with authority have the responsibility to create conditions for citizens, agencies, and organizations to exercise their right to file complaints and denunciations in accordance with the law on complaints and denunciations.

A. SETTLEMENT OF COMPLAINTS

Pursuant to Clause 1, Article 1 and Clause 3, Article 2 of the Law on Complaints and Denunciations, citizens, agencies, and organizations have the right to complain about decisions refusing to register civil status if they believe such decisions are contrary to the law and infringe upon their legitimate rights and interests.

The authority and time limit for settling complaints are implemented as follows:

1. The Chairman of the Commune People's Committee shall handle and resolve complaints from citizens and organizations regarding his/her own decisions to refuse civil status registration. Within ten days from the date of receipt of the complaint, the Chairman of the Commune People's Committee must accept and resolve the complaint and notify the complainant in writing; in cases where the complaint is not accepted, a written notification must also be issued, specifying the reasons.

Within thirty days from the expiration of the resolution period stipulated in Article 36 of the Law on Complaints and Denunciations, if the complaint has not been resolved or if the complainant disagrees with the decision made by the Chairman of the Commune People's Committee, the aggrieved party may appeal to the Chairman of the District People's Committee or initiate administrative litigation at the Court in accordance with the law. In mountainous areas, remote regions, or areas with extremely difficult travel conditions, the aforementioned deadline may be extended, but not beyond forty-five days.

2. The Chairman of the District People's Committee shall handle and resolve complaints against decisions made by the Chairman of the Commune People's Committee. In such cases, the complainant must submit the complaint along with a copy of the decision resolving the initial complaint and related documents (if any) to the Chairman of the District People's Committee.

Within ten days from the date of receipt of the complaint, the Chairman of the District People's Committee must accept and resolve the complaint and notify the complainant and the previous Chairman of the Commune People's Committee in writing; in cases where the complaint is not accepted, a written notification must also be issued, specifying the reasons.

Within thirty days from the expiration of the resolution period stipulated in Article 43 of the Law on Complaints and Denunciations, if the complaint has not been resolved or if the complainant disagrees with the decision, the complainant may continue to appeal to the Chairman of the Provincial People's Committee.

3. The Director of the Department of Justice shall handle and resolve complaints from citizens and organizations regarding refusal of civil status registration by civil status officers under the Department of Justice. The time limit for notifying the complainant and resolving the complaint by the Director of the Department of Justice shall be carried out in the same manner as that of the Provincial People's Committee.

4. The Chairman of the People's Committee of the province shall handle and settle complaints in the following cases:

a) Regarding decisions refusing to register household registration made by the People's Committee of the province;

b) Regarding decisions on complaints about household registration made by the Director of the Department of Justice but still subject to complaint; the decision of the Chairman of the People's Committee of the province is the final decision.

c) As for the decision resolving complaints regarding household registration by the Chairman of the People's Committee at the district level but still having complaints; the decision of the Chairman of the People's Committee at the provincial level shall be the final decision.

Within ten days from the date of receipt of the complaint, the Chairman of the Provincial People's Committee must accept and resolve the complaint and notify the complainant in writing. For complaints that have already been resolved by the Chairman of the District People's Committee but still have unresolved issues, a written notification of the subsequent complaint must be provided to the Chairman of the District People's Committee. If the complaint is not accepted, a written notification must also be issued, specifying the reasons.

The time limit for resolving complaints at the People's Committee at the provincial level shall not exceed thirty days from the date of receipt of the complaint petition (for the first complaint) and not more than forty-five days (for subsequent complaints).

5. The Ministry of Justice shall handle and resolve complaints against the first-level decisions of the Chairman of the Provincial People's Committee but still have unresolved issues; the final decision of the Minister of Justice shall be binding.

B. RESOLUTION OF ACCUSATIONS

Pursuant to Clause 2, Article 1 and Clause 5, Article 2 of the Law on Complaints and Denunciations, citizens have the right to denounce to competent agencies, organizations, or individuals any illegal acts of civil status registration agencies or civil status officers causing damage or threatening to cause damage to their legitimate interests or those of others.

The authority and time limit for resolving accusations shall be implemented as follows:

The person making the denunciation must submit a complaint to the competent agency, organization, or individual in accordance with the law. The complaint must clearly state the name, address, and content of the denunciation. If the person making the denunciation files the complaint directly, the person responsible for receiving the complaint must record the content of the denunciation, the name, and address of the complainant; the record of the denunciation content must be read back to the complainant, who must then sign to confirm it.

If the accusation letter is about violations of the law by household registration officers in the process of registering household registration, then the head of the household registration agency has the responsibility to resolve it.

If the complaint is against the head of a civil status registration agency for violating the law in the process of registering civil status, the head of the immediate superior agency of that civil status registration agency shall be responsible for resolving the matter.

Within ten days from the date of receipt of the complaint, the agency, organization, or individual receiving the complaint must initiate proceedings to resolve it; in cases where the complaint does not fall within their jurisdiction, they must transfer it to the competent authority for resolution and notify the complainant in writing.

In urgent cases, the agency, organization, or individual receiving the complaint must immediately inform the responsible agency to take timely measures to prevent illegal acts; apply necessary measures to ensure the safety of the complainant when requested.

The time limit for resolving complaints shall not exceed sixty days from the date of initiating proceedings; for complex cases, the resolution period may be extended but shall not exceed ninety days from the date of initiating proceedings.

The agencies, organizations, or individuals receiving and resolving complaints must keep the complainant confidential; they shall not disclose the name, address, handwriting of the complainant, or other information harmful to the complainant.

The authority for resolving accusations must comply with the provisions of the law on complaints and accusations. Based on the Law on Complaints and Accusations, the Ministry of Justice temporarily guides certain contents as follows:

1. The Chairman of the People's Committee at the commune level shall accept and resolve the accusation letters of citizens regarding violations of the law in the field of household registration by commune-level Household Registration - Legal Affairs officers.

2. The Chairman of the People's Committee at the district level shall initiate and resolve citizen complaints regarding violations of laws in the civil status domain by members of the People's Committee at the commune level assigned to handle civil status matters.

3. The Director of the Department of Justice shall accept and resolve the accusation letters of citizens regarding violations of the law in the field of household registration by officers under the Department of Justice assigned to manage household registration work.

4. The Chairman of the People's Committee at the provincial level shall initiate and resolve citizen complaints regarding violations of laws in the civil status domain by members of the leadership of the Department of Justice assigned to handle civil status matters.

5. The Ministry of Justice shall accept and resolve accusation letters regarding violations of the law in the field of household registration by members of the People's Committee at the provincial level assigned to manage household registration work.

VI. IMPLEMENTATION PROVISIONS

1. This Circular takes effect from July 10, 1999.

2. During implementation, if there are difficulties or new issues arise, relevant agencies, the People's Committee at the provincial level, and the Department of Justice shall send letters to the Ministry of Justice for guidance documentation./.