DECREE NO. 123/2015/ND-CP PROVIDING DETAILED PROVISIONS ON SOME ARTICLES AND MEASURES FOR THE IMPLEMENTATION OF THE HOUSEHOLD REGISTRATION LAW

DECREE

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

Pursuant to the Law on Organization of the Government dated December 25, 2001;

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

Pursuant to the Marriage and Family Law dated June 19, 2014;

At the proposal of the Minister of Justice,

The Government promulgates this Decree detailing certain articles and measures for implementing the Household Registration Law.

PART I
GENERAL PROVISIONS

This Decree details certain articles of the Household Registration Law regarding birth registration, marriage registration, management and use of Household Registers during the transitional period when the Electronic Household Registration Database and the National Population Registry have not been uniformly operational nationwide (hereinafter referred to as the transitional period); birth registration for abandoned children, children whose parents are unknown, and children born from surrogacy; birth, marriage, acknowledgment of parentage, death registration in border areas; issuance of certificates of marital status; birth registration for children born abroad who have not been registered for residence in Vietnam; marriage registration involving foreign elements at the district People's Committee; recording in Household Registers of marriages, divorces, and annulment of marriages of Vietnamese citizens resolved by competent authorities abroad; re-registration of birth, marriage, and death; arrangements for judicial officers - household registrars to perform dedicated household registration tasks and certain measures for implementing the Household Registration Law.

Article 2. Provisions on presenting and submitting documents for household registration and issuing certified copies of household records

During the transitional period, a person requesting household registration must present documents proving their place of residence.

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

4. Documents established, issued, or confirmed by competent authorities of neighboring countries (hereinafter referred to as neighboring countries) for use in household registration as prescribed in Point d, Clause 1, Article 7 of the Household Registration Law are exempt from consular legalization; they must be translated into Vietnamese and accompanied by a translator's commitment to accurately translate the content.

5. Copies of documents in the household registration application file are copies issued from the original book or certified from the original according to the law; if the applicant submits unauthenticated copies, they must present the original for comparison.

Only one (01) set of household registration application files needs to be prepared.

2. The person receiving the application files is responsible for checking the documents to compare the information in the Application Form and the validity of the documents submitted or presented by the applicant; if the application files are incomplete, the person receiving the application files shall guide the applicant to complete them. If the application files are complete and valid, the person receiving the application files shall issue a receipt indicating the date and time of result delivery.

If the applicant submits copies issued from the original book or certified copies from the original, the person receiving the application files shall not require the presentation of the original; if the applicant only submits photocopies and presents the original, the person receiving the application files shall check and compare the photocopies with the original and sign on the photocopy to confirm that the content has been compared.

If the law requires the presentation of documents, the person receiving the application files shall not require additional copies or photocopies of the presented documents.

3. If the applicant sends the application files through the postal system or wishes to receive results through the postal system, they must pay the household registration fee, the fee for certified copies of household records if not exempted, and the cost of delivering results through the postal system. The person receiving the application files shall clearly indicate the method of result delivery on the receipt.

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

4. For household registration matters requiring verification as prescribed by the Household Registration Law and this Decree, the time taken to send the request and receive the response does not count towards the specific deadline for resolving the household matter.

Article 4. Determination of Content for Birth and Death Registration

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

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

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

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

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

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

2. When registering death in accordance with the Household Registration Law, the content of the death registration must include the following information: surname, middle name, given name, year of birth of the deceased; individual identification number of the deceased, if applicable; place of death; cause of death; time of death according to the Gregorian calendar; nationality if the deceased is a foreigner.

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

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

b) For deaths resulting from the execution of a death sentence, the Chairman of the Execution Council shall issue a confirmation of the execution of the death sentence instead of the Death Notice;

c) For persons declared dead by a court, the final judgment or decision of the court shall serve as a substitute for the Death Notice;

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

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

Article 5. Issuance of Birth Certificates, Death Notices, and Provision of Statistical Data on Births and Deaths

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

2. The Ministry of Health shall guide healthcare facilities in implementing the issuance of Birth Certificates and Death Notices and the provision of statistical data on births and deaths to the competent household registration authority as stipulated in Clause 1 of this Article.

Article 6. Legal Value of the Birth Registration Certificate

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

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

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

Article 7. Conditions for Changing and Correcting Household Registration

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

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

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

1. From January 1, 2016, persons with authority may only assign or recruit new civil servants who meet the criteria set forth in the Household Registration Law to handle household registration work.

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

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

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

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

Section 1
SUBMITTED AND PRESENTED DOCUMENTS

Article 9. Documents Submitted and Presented When Registering Birth

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

If the parents of the child have registered their marriage, they must also present the marriage certificate.

Article 10. Documents Submitted and Presented When Registering Marriage

The person requesting marriage registration presents documents as prescribed in Clause 1, Article 2 of this Decree, submits documents as prescribed in Clause 1, Article 18 of the Household Registration Law when registering marriage at the Commune People's Committee or documents as prescribed in Clause 1, Article 38 of the Household Registration Law when registering marriage at the District People's Committee, and submits the original Certificate of Marital Status as follows:

In cases where marriage registration is conducted at the District People's Committee, the person requesting marriage registration residing within the country must submit the Certificate of Marital Status issued by the competent Commune People's Committee as prescribed in Articles 21, 22, and 23 of this Decree.

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

Section 2
MANAGEMENT AND USE OF THE HOUSEHOLD REGISTER

Article 11. Establishment and Sealing of Household Registration Books

1. The Household Registration Book shall be established in one volume for each type of household registration matter registered.

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

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

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

Article 12. Storage of Household Registration Books

1. After sealing the Household Registration Book, within fifteen working days from the date of sealing, the household registration authority shall certify one copy of the Household Registration Book to be transferred for storage at the higher-level household management authority; for representative offices, send it centrally to the Ministry of Foreign Affairs.

2. Upon receiving the transferred copy of the Household Registration Book, the receiving authority must check each volume of the Household Registration Book, prepare a Handover Record detailing the condition and registration data of each volume.

3. The Household Registration Book is a national asset and shall be stored permanently in accordance with the law on archives.

4. The authority responsible for storing the Household Registration Book shall have the responsibility to properly manage, utilize, and maintain the Household Registration Book in accordance with the law; implement safety measures against fire, flood, moisture, and pests.

Article 13. Recording Changes and Corrections in the Household Registration Book

1. Immediately upon receipt of the notification accompanied by a certified copy of the household registration extract as stipulated in Clause 3, Article 28 of the Household Registration Law, the civil servant responsible for household registration work shall, based on the certified copy, record the full content of the changes and corrections in the Household Registration Book, including: Number, date, month, year; issuing authority; name and signature of the person certifying the household registration extract; report to the head of the household registration authority to sign and affix a confirmation stamp.

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

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

Section 1
REGISTRATION OF BIRTH IN CERTAIN SPECIAL CASES

Article 14. Registration of Birth for Abandoned Children

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

Immediately upon receipt of the notification, the Chairman of the People's Committee of the commune or the Head of the Police Station of the commune shall be responsible for organizing the establishment of a record regarding the abandoned child; the People's Committee of the commune shall be responsible for entrusting the temporary care of the child to an individual or organization in accordance with the law.

The record must clearly state the time and location of discovering the abandoned child; distinctive features such as gender, physical condition, health status; property or other items belonging to the child, if any; the name, identification documents, and place of residence of the person who discovered the abandoned child. The record must be signed by the person establishing the record, the person who discovered the abandoned child, and the witness (if any), and stamped with the confirmation seal of the establishment.

The record is made in two copies, one copy kept at the establishment, and one copy handed over to the individual or organization temporarily caring for the child.

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

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

The surname, middle name, and given name of the child are determined in accordance with civil law regulations. If there is no basis to determine the date, month, and year of birth and place of birth of the child, the date and month of discovery of the abandoned child will be considered the date and month of birth; the year of birth will be determined based on the physical condition of the child; the place of birth is the place where the child was discovered; the place of origin is determined based on the place of birth; the nationality of the child is Vietnamese nationality. The section declaring the father, mother, and ethnicity of the child in the Birth Registration Certificate and Household Register remains blank; in the Household Register, it is noted "Abandoned Child".

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

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

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

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

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

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

Article 16. Registration of Birth for Children Born from Surrogacy

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

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

Section 2
HOUSEHOLD REGISTRATION IN BORDER AREAS

Article 17. Registration of Birth

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

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

a) Documents as prescribed in Clause 1, Article 16 of the Household Registration Law;

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

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

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

Article 18. Registration of Marriage

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

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

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

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

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

3. Within three working days from the date of receiving complete and valid documents, the judicial officer - household registrar shall check and verify the documents and report to the Chairman of the People's Committee for decision. If verification is required, the processing period shall not exceed eight working days.

If both male and female parties meet the conditions for marriage as stipulated in the Law on Marriage and Family, the Chairman of the Commune People's Committee signs the Certificate of Marriage, the judicial officer - household registrar records the marriage in the Household Register, signed by both male and female parties and their full names in the Household Register and Certificate of Marriage; each party receives one original Certificate of Marriage.

Article 19. Registration of Acknowledgment of Parentage and Child

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

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

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

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

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

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

If the recognition of parent-child relationship is correct and there is no dispute, the judicial officer - household registrar records the content in the Household Register, signed by the person making the request and their full name in the Household Register; the Chairman of the Commune People's Committee signs and issues one original extract of the household register to each party.

Article 20. Registration of Death

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

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

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

If verification is required, the resolution period shall not exceed three working days.

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

Section 3
ISSUANCE OF CERTIFICATE OF MARITAL STATUS

Article 21. Authority to Issue Certificate of Marital Status

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

If a Vietnamese citizen does not have a permanent residence but has registered temporary residence in accordance with the law on residence, the People's Committee of the commune where they registered temporary residence shall issue a certificate of marital status.

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

Article 22. Procedures for Issuance of Certificate of Marital Status

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

2. In cases where the person requesting confirmation of marital status has a spouse but has divorced or the spouse has died, they must present or submit valid documents to prove this; if the case falls under Clause 2, Article 37 of this Decree, then a copy of the corresponding household register extract must be submitted.

3. Within three working days from the date of receiving a complete and valid application file, the judicial civil servant - household registrar shall verify the marital status of the applicant. If the applicant meets the conditions and the issuance of the Certificate of Marital Status complies with the law, the judicial civil servant - household registrar shall submit to the Chairman of the People's Committee to sign and issue one Certificate of Marital Status for the applicant. The content of the Certificate of Marital Status must accurately reflect the marital status of the applicant and the purpose of using the Certificate of Marital Status.

Within three working days from the date of receiving the request, the People's Committee of the commune requested to conduct inspection and verification and reply in writing to the requesting People's Committee about the marital status of that person during their residence in the locality.

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

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

Article 23. Validity of the Certificate of Marital Status

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

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

Section 4
REGISTRATION OF BIRTH, MARRIAGE, AND DEATH AGAIN

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

1. Registration of birth, marriage, or death at competent Vietnamese authorities before January 1, 2016, where both the Household Register Book and the original household registration documents have been lost, can be re-registered.

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

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

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

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

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

Article 26. Procedures for Re-registering Birth

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

a) A declaration form according to the prescribed model, in which the applicant makes a commitment that they have registered their birth but cannot retain the original Birth Registration Certificate;

b) Copies of all files and documents of the applicant or other files and documents containing information related to the content of the birth registration of the applicant;

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

2. Within five working days from the date of receiving the application file, the judicial and household registration officer shall check and verify the file. If the re-registration of birth is in accordance with the provisions of the law, the judicial and household registration officer shall carry out the re-registration of birth as stipulated in Clause 2, Article 16 of the Household Registration Law.

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

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

3. Within three working days from the date of receiving the verification result about the loss of the Household Register Book at the place where the birth was previously registered, if the file is found to be complete, accurate, and in compliance with the law, the judicial and household registration officer shall carry out the re-registration of birth as provided in Clause 2, Article 16 of the Household Registration Law.

4. In cases where the applicant has a valid copy of the previous Birth Registration Certificate, the content of the birth registration shall be recorded according to the content of the copy of the Birth Registration Certificate; the part concerning the father and mother shall be recorded according to the time of re-registering birth.

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

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

Article 27. Procedure for Re-registering Marriage

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

a) A declaration form as prescribed;

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

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

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

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

3. Within three working days from the date of receiving the verification result that the household register at the place where the marriage was registered cannot be retained, if the file is found to be complete, accurate, and in compliance with the law, the judicial officer - household registrar shall carry out the re-registration of marriage as provided in Clause 2 of this Article.

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

Article 28. Procedure for Re-registering Death Registration

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

a) A declaration form as prescribed;

b) A copy of the previous valid death certificate. If there is no valid copy of the death certificate, then submit a copy of the registration file and related documents containing information proving the death event.

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

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

Chapter IV
HOUSEHOLD REGISTRATION AT THE DISTRICT LEVEL PEOPLE'S COMMITTEE

Section 1
BIRTH AND MARRIAGE REGISTRATION

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

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

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

a) A declaration form as prescribed;

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

c) A written agreement between the parents choosing citizenship for their child according to Clause 1, Article 36 of the Household Registration Law, for cases where the child has a Vietnamese citizen parent and the other parent is a foreign citizen.

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

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

Article 30. Documents for Marriage Registration

1. The marriage registration file shall be established according to the provisions of Clause 1, Article 38 of the Household Registration Law and the following provisions:

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

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

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

2. In cases where a foreigner does not have a passport to present according to Clause 1, Article 2 of this Decree, they may present international travel documents or residence cards.

Article 31. Procedure for Marriage Registration

The procedure for marriage registration shall be implemented according to the provisions of Clauses 2, 3, and 4, Article 38 of the Household Registration Law and the following provisions:

1. Within ten working days from the date of receipt of a complete and valid file, the Justice Office shall study, review the file, and verify if necessary. The Director of the Justice Office shall be responsible for the results of the review and the recommendations of the Justice Office in handling the marriage registration file.

2. If the file is valid and the parties meet the conditions for marriage as stipulated by the Marriage and Family Law and do not fall within the categories of refusal to register marriage as provided for in Article 33 of this Decree, the Justice Office shall report to the Chairman of the People's Committee of the district to sign two original copies of the Marriage Certificate.

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

Article 32. Issuing Marriage Certificates

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

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

The Marriage Certificate becomes effective from the date it is recorded in the book and issued to the parties in accordance with the provisions of this Clause.

3. In cases where one or both male and female parties cannot be present to receive the Marriage Certificate, upon their written request, the Justice Office may extend the time for issuing the Marriage Certificate but not exceeding sixty days from the date the Chairman of the People's Committee at the district level signs the Marriage Certificate. If the two parties do not come to receive the Marriage Certificate within sixty days, the Justice Office shall report to the Chairman of the People's Committee at the district level to cancel the signed Marriage Certificate.

If the two parties still wish to marry each other thereafter, they must go through the marriage registration procedures again from the beginning.

Article 33. Refusal of Marriage Registration

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

2. In cases where the People's Committee at the district level refuses marriage registration, the Justice Office shall notify the two parties in writing, specifying the reasons.

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

Article 34. Conditions for Recording in the Household Registration Book the Marriage of Vietnamese Citizens Resolved Abroad

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

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

Article 35. Procedure and Formalities for Recording Marriages

1. The application for recording marriages shall be submitted by one of the married parties to the competent authority in accordance with Clause 1, Article 48 of the Household Registration Law, including the following documents:

a) A declaration form as prescribed;

b) A copy of the document certifying the marriage issued by the competent authority abroad;

c) In addition to the documents specified in Points a and b of this Clause, if submitting the application through the postal system, copies of the documents of both male and female parties as stipulated in Clause 1, Article 2 of this Decree must also be submitted; if the party is a Vietnamese citizen who has divorced or annulled the marriage at a competent authority abroad, a copy of the record of divorce or annulment of marriage registered in the Household Registration Book in accordance with Clause 2, Article 37 of this Decree must be submitted.

2. The deadline for recording in the Household Registration Book the marriage is five working days from the date the Justice Office receives the application.

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

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

a) If the requirement to record in the Household Registration Book the marriage meets the conditions stipulated in Article 34 of this Decree, the Head of the Justice Office shall record in the book and report to the Chairman of the People's Committee at the district level to sign the original extract of the household registration for the applicant.

b) If the requirement to record in the Household Registration Book the marriage falls under one of the cases stipulated in Clause 1, Article 36 of this Decree, the Head of the Justice Office shall report to the Chairman of the People's Committee at the district level to refuse it.

Article 36. Refusal to Record Marriage in Household Register

1. A request to record a marriage in the household register shall be refused if it falls under any of the following circumstances:

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

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

2. In cases where the People's Committee of a district refuses to record a marriage in the Household Register, the Justice Office shall notify in writing the reasons for refusal to the person making the request.

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

Article 37. Recording Divorce and Annulment of Marriage in the Household Register

1. A judgment, decision on divorce or annulment of marriage, or a divorce agreement that has become legally binding, or other documents recognizing divorce issued by a competent authority abroad (hereinafter referred to as divorce documents), which do not violate the provisions of the Law on Marriage and Family, shall be recorded in the Household Register.

2. A Vietnamese citizen who has divorced or had their marriage annulled abroad, and subsequently returns to reside in Vietnam or applies for registration of a new marriage with a competent Vietnamese authority, must have the divorce or annulment of marriage resolved abroad recorded in the Household Register (hereinafter referred to as divorce annotation). In cases of multiple divorces or annulments, only the most recent divorce annotation procedure will be carried out.

3. Based on officially received information, the Ministry of Justice publishes on its official website a list of judgments, decisions on divorce or annulment of marriage of Vietnamese citizens resolved by foreign competent authorities, which are subject to requests for enforcement in Vietnam or requests for non-recognition in Vietnam.

Article 38. Authority for Divorce Annotation

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

1. The People's Committee of the district where the marriage was previously registered or recorded in the Household Register shall carry out the divorce annotation.

If the previous marriage registration or recording was conducted at the Department of Justice, the divorce annotation shall be carried out by the People's Committee of the district where the Vietnamese citizen resides.

If the previous marriage was registered at the People's Committee of a commune, the divorce annotation shall be carried out by the higher-level People's Committee of the district.

If a Vietnamese citizen does not permanently reside in Vietnam, the divorce annotation shall be carried out by the People's Committee of the district where the Vietnamese citizen resided before departure.

2. For a Vietnamese citizen returning to permanently reside in Vietnam from abroad and requesting a divorce annotation, where the previous marriage was registered at a representative office or a foreign competent authority, the divorce annotation shall be carried out by the People's Committee of the district where the Vietnamese citizen permanently resides.

3. For a Vietnamese citizen residing abroad requesting a divorce annotation to marry again, where the previous marriage was registered at a representative office or a foreign competent authority, the divorce annotation shall be carried out by the People's Committee of the district receiving the application for the new marriage.

Article 39. Procedures for Divorce Annotation

1. The divorce annotation file includes the following documents:

a) A declaration form as prescribed;

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

2. The divorce annotation procedures shall be carried out according to Clause 2 of Article 50 of the Household Registration Law and the following provisions:

a) Within five working days from the date of receipt of a complete and valid file as stipulated in Clause 1 of this Article, the civil servant responsible for household registration at the Justice Office shall examine the file. If the divorce annotation does not violate Clause 1 of Article 37 or does not fall within the cases published on the Ministry of Justice's official website as stipulated in Clause 3 of Article 37 of this Decree, the Director of the Justice Office shall record in the register and report to the Chairman of the People's Committee of the district to sign and issue the original extract of the household register to the applicant.

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

b) If the divorce annotation request violates Clause 1 of Article 37 or falls within the cases published on the Ministry of Justice's official website as stipulated in Clause 3 of Article 37 of this Decree, the Director of the Justice Office shall report to the Chairman of the People's Committee of the district to refuse the request.

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

Section 4
REGISTRATION OF BIRTH, MARRIAGE, AND DEATH AGAIN

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

1. The birth, marriage, and death registration of Vietnamese citizens residing abroad or of foreign nationals registered with Vietnamese competent authorities before January 1, 2016, but where the Household Register Book and original household registration documents have been lost shall be eligible for re-registration.

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

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

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

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

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

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

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

Chapter V
IMPLEMENTING PROVISIONS

Article 43. Responsibility for Implementation

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

a) Develop plans, organize training and capacity building, and allocate civil servants to work on household registration at the district and commune levels in accordance with the provisions of the Household Registration Law and this Decree;

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

c) Organize inspections, investigations, resolution of complaints and denunciations, and handling of violations of household registration laws according to their authority.

2. The Chairman of the People's Committee of the district and commune shall be responsible for directing the implementation of tasks as prescribed by the Household Registration Law and this Decree, and shall take the following measures to ensure the effectiveness of household registration and management within their jurisdiction:

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

b) Direct local agencies, departments, and sectors to closely cooperate with judicial-civil registration officials in urging and reviewing births and deaths that have not yet been registered within their jurisdiction, and develop solutions to address difficulties and ensure citizens' right to household registration;

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

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

Article 44. Transitional Provisions

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

2. For cases of men and women living together as husband and wife before January 3, 1987, without registering their marriage, they are encouraged and provided conditions to register their marriage. The marital relationship will be recognized from the date when both parties establish a cohabitation relationship as husband and wife. The authority and procedures for registering marriage shall be carried out in accordance with the provisions of Article 17 and Article 18 of the Household Registration Law.

Article 45. Effective Date

1. This Decree shall take effect from January 1, 2016.

2. Abolish the following legal normative documents and clauses:

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

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

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

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

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

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

“2. The Department of Justice assists the People's Committee of the province in managing state affairs concerning marriage and family relations involving foreign elements in the locality, performing specific tasks and powers as prescribed by this Decree.”

4. The Minister, Head of a ministry equivalent to a ministry, Head of a government agency, Chairmen of People's Committees at all levels, and related organizations and individuals shall be responsible for implementing this Decree./.