Circular No. 15/2015/TT-BTP provides detailed regulations on the implementation of certain provisions of the Household Registration Law and Decree No. 123/2015/NĐ-CP dated November 15, 2015, of the Government detailing some provisions and measures to implement the Household Registration Law.

CIRCULAR

Regulations detailing the implementation of certain provisions of the Civil Status Law and Decree No. 123/2015/NĐ-CP

dated November 15, 2015, of the Government detailing certain provisions and measures to implement the Civil Status Law

_______________________________

WHEREAS pursuant to Law No. 60/2014/QH13 on Civil Status dated November 20, 2014;

Pursuant to Decree No. 123/2015/NĐ-CP dated November 15, 2015, of the Government detailing certain provisions and measures to implement the Civil Status Law;

Pursuant to Decree No. 22/2013/NĐ-CP dated March 13, 2013, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

At the proposal of the Director of the Department of Household Registration, Nationality, and Notarization;

The Minister of Justice promulgates this Circular detailing the implementation of certain provisions of the Civil Status Law and Decree No. 123/2015/NĐ-CP dated November 15, 2015, of the Government detailing certain provisions and measures to implement the Civil Status Law.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular details Clause 2, Article 6, and Clause 2, Article 66 of the Civil Status Law regarding the delegation of civil status registration; conditions, procedures for registering births, marriages, and deaths while traveling; issuance, guidance on use, and management of Civil Status Books, Birth Certificates, Marriage Certificates, Civil Status Extracts, and other civil status forms (hereinafter referred to as civil status documents); detailed regulations and guidance on implementing the provisions of Decree No. 123/2015/NĐ-CP dated November 15, 2015, of the Government detailing certain provisions and measures to implement the Civil Status Law (hereinafter referred to as Decree No. 123/2015/NĐ-CP) concerning the acceptance of civil status registration files, issuance of results of civil status registration, registration of births for children born abroad who reside in Vietnam; recording births registered abroad in the Civil Status Book; registration of births for individuals with personal file documents; documents and materials serving as the basis for re-registering births; evidence proving parent-child relationships; combined resolution of birth registration and acknowledgment of parentage.

Article 2. Delegation of Civil Status Registration

1. A person requesting certified copies of civil status extracts, or requesting the registration of civil status matters as provided for in Article 3 of the Civil Status Law may delegate another person to perform these actions on their behalf, except for marriage registration, re-registration of marriage, and acknowledgment of parentage.

2. The delegation must be documented in writing and notarized or authenticated in accordance with the law; the scope of the delegation may include all aspects of the civil status registration process from submission of the application to receipt of the registration result.

If the person being delegated is the grandparent, parent, child, spouse, brother, sister, or half-sibling of the delegator, the delegation document does not need to be notarized or authenticated, but must include proof of the relationship with the delegator.

3. When submitting an application for marriage registration, re-registration of marriage, or acknowledgment of parentage, one party may directly submit the application to the competent authority responsible for civil status registration without needing a delegation document from the other party.

Article 3. Acceptance of Applications and Issuance of Results of Civil Status Registration

1. Upon accepting applications, the person accepting has the responsibility to immediately check the entire application; if the application is incomplete or insufficient, they shall guide the applicant to supplement and complete it according to the regulations; if the application cannot be supplemented or completed immediately, they must prepare a written guide specifying the types of documents and contents that need to be supplemented or completed, signed, and clearly stating the name of the person accepting.

2. The person accepting has the responsibility to accept applications for civil status registration in full compliance with the law on civil status, and shall not request additional documents from the applicant that are not required by the law on civil status.

3. In cases where the applicant for civil status registration submits unauthenticated copies along with original documents for comparison, the person accepting has the responsibility to check and compare the copies with the originals and sign to confirm them, and shall not require the applicant to submit authenticated copies of those documents.

Where the law requires the presentation of documents when registering civil status, the person accepting has the responsibility to check the presented documents, compare them with the information in the declaration form, return them to the presenter, and shall not require the applicant to submit additional copies of those documents. The person accepting may photograph one copy of the presented document or record the information of the presented document to keep in the file.

4. When issuing the results of civil status registration, the person issuing the results has the responsibility to guide the applicant for civil status registration to review the content recorded in the civil status documents and the Civil Status Book. If the applicant finds the content correct and consistent with the civil status registration file, they shall sign and clearly state their name in the Civil Status Book following the guidance of the person issuing the results and receive the corresponding civil status documents. The signature of the applicant on the Declaration Form for Civil Status Registration, civil status documents, and the Civil Status Book must be consistent; different signatures are not allowed. In cases where the applicant is unable to sign, a thumbprint shall be made.

5. When issuing the results of marriage registration or re-registration of marriage, both parties, male and female, must be present; when issuing the results of acknowledgment of parentage, both the party acknowledging and the party acknowledged as parent must be present.

Article 4. Handling registration requests for household records when no verification results are received

1. In cases where a request for household record registration requires sending a verification request according to the provisions of the Household Registration Law, Decree No. 123/2015/NĐ-CP, and this Circular, if the verification result is not received within the prescribed time limit, the household registration authority shall allow the person requesting registration to establish a declaration regarding the content that needs verification. The person requesting registration shall be responsible for the content of their declaration.

2. In cases where the person requesting registration is allowed to establish a declaration regarding the content of the registration request, the household registration authority shall have the responsibility to clearly explain to the declarant about the legal responsibilities and consequences of making a false declaration.

The household registration authority shall refuse to handle the matter according to the provisions of Article 5 of this Circular or revoke the registration result if there is a basis to determine that the declaration content is not true.

Article 5. Refusal to accept registration requests for household records

If the registration dossier has been guided according to the provisions of Clause 1, Article 3 of this Circular but is not supplemented fully and completed, the person receiving it shall refuse to accept the dossier.

The refusal to accept the dossier must be documented in writing, specifying the reasons for refusal, signed by the person receiving it with full name, middle name, and last name. If disagreeing with the refusal, the person requesting registration may file a complaint according to the law.

Chapter II

GUIDELINES FOR REGISTRATION OF CERTAIN HOUSEHOLD RECORDS

Section 1

REGISTRATION OF BIRTH AND ENTRY INTO THE HOUSEHOLD RECORD OF A BIRTH REGISTERED ABROAD

Article 6. Registration of birth for children born abroad who reside in Vietnam

The registration of birth for children born abroad, whose father or mother is a Vietnamese citizen or both parents are Vietnamese citizens, and who have not yet registered their birth abroad, and who reside in Vietnam, shall be carried out according to the provisions of Article 29 of Decree No. 123/2015/NĐ-CP and the following guidelines:

1. Documents proving the child's residence in Vietnam as stipulated in Clause 2, Article 29 of Decree No. 123/2015/NĐ-CP include: documents proving the child's entry into Vietnam (such as passport, international travel documents with entry confirmation stamp from immigration authorities) and a confirmation letter from the competent public security authority regarding the child's current residence in Vietnam.

2. The surname, middle name, and given name of the child shall be determined according to point a, Clause 1, Article 4 of Decree No. 123/2015/NĐ-CP.

3. Determination of the child's nationality for inclusion in the Birth Certificate shall be carried out according to the laws on nationality.

Article 7. Entry into the Household Record of births registered abroad

In cases where Vietnamese citizens born abroad have already registered their birth at a competent foreign authority and reside in Vietnam, if they request the entry of the birth registration into the Household Record, the matter will be handled as follows depending on the circumstances:

1. If the Birth Certificate issued by the competent foreign authority indicates Vietnamese nationality, the People's Committee of the district, town, city under province (hereinafter referred to as the District People's Committee) where the person requesting residence is located shall enter the birth registration into the Household Record according to the provisions of Section 6, Chapter III of the Household Registration Law and issue an extract of the entry into the Household Record.

2. If the person requesting the entry of the birth registration into the Household Record has a father or mother who is a Vietnamese citizen and the other parent is a foreigner, and the Birth Certificate and international travel documents issued by the competent foreign authority do not indicate the nationality of the other parent, while the father and mother have a written agreement to choose Vietnamese nationality for the child or the father and mother cannot agree on choosing the child's nationality, then the District People's Committee where the person requesting residence is located shall enter the birth registration into the Household Record according to the provisions of Section 6, Chapter III of the Household Registration Law, issue an extract of the entry into the Household Record, and the nationality shall be Vietnamese nationality.

Article 8. Registration of Birth for Individuals with Personal Documents

1. In cases where Vietnamese citizens residing within the country were born before January 1, 2016, have not been registered for birth but possess personal documents (originals or certified copies) such as identity cards as stipulated in Clause 1, Article 2 of Decree No. 123/2015/NĐ-CP; Household Registers; Temporary Residence Books; other documents issued by competent state agencies in Vietnam and requesting registration of birth, the People's Committee of the commune where they reside shall carry out the birth registration.

2. In cases where Vietnamese citizens residing abroad have not been registered for birth, if they possess personal documents as stipulated in Clause 1 of this Article, which indicate place of birth in Vietnam and request birth registration, the People's Committee of the district where they resided prior to departure shall carry out the birth registration.

3. The birth registration dossier for cases stipulated in Clauses 1 and 2 of this Article shall include: the birth registration form, a declaration regarding non-registration of birth; documents as specified in points b and c, Clause 1, Article 26 of Decree No. 123/2015/NĐ-CP. The procedures for handling and contents of birth registration shall be carried out similarly to the provisions in Clauses 2, 3, and 5, Article 26 of Decree No. 123/2015/NĐ-CP and Clauses 3 and 4, Articles 9 and 10 of this Circular.

Article 9. Documents and Materials as Basis for Re-registering Birth

Documents and materials as basis for re-registering birth as prescribed in Article 26 of Decree No. 123/2015/NĐ-CP include:

1. A certified copy of the Birth Registration Certificate issued by a competent authority in Vietnam (certified copy, legally notarized copy, or copy extracted from the Birth Registration Book).

2. Original or certified copy of substitute documents for the Birth Registration Certificate issued before 1945 in the Northern region and before 1975 in the Southern region.

3. In cases where the person requesting re-registration of birth does not have the documents specified in Clauses 1 and 2 of this Article, the following valid documents issued by competent authorities in Vietnam serve as the basis for determining the content of re-registration of birth:

a) Identity Card, Citizen Identification Card, or Passport;

b) Household Register, Temporary Residence Book, or documents proving place of residence;

c) Graduation Certificates, Certificates, Diplomas, School Records, Academic Files issued or confirmed by authorized educational management agencies;

d) Other documents containing information about surname, middle name, given name, date of birth of the individual;

đ) Documents proving parent-child relationship.

The person requesting re-registration of birth is responsible for submitting complete certified copies of the above-mentioned documents (if available) and must declare that all documents they possess have been submitted. If the person requesting re-registration of birth makes a false declaration or intentionally submits only certified copies of advantageous documents for re-registration of birth, the re-registration of birth will have no legal validity.

In cases where the person requesting re-registration of birth is a civil servant, public official, employee, or member of the armed forces, there must be a confirmation letter from the head of the agency or unit according to point c, Clause 1, Article 26 of Decree No. 123/2015/NĐ-CP.

4. If re-registration of birth violates the provisions of the Civil Status Law, Decree No. 123/2005/NĐ-CP, and this Circular, the Birth Registration Certificate issued will have no legal validity and must be revoked. Depending on the degree of violation, the person requesting birth registration may be subject to legal sanctions.

Article 10. Determining the Content of Re-registration of Birth Registration

1. In cases where the person requesting re-registration of birth has documents as prescribed in Clause 4, Article 26 of Decree No. 123/2015/NĐ-CP and Clause 1, Clause 2 of Article 9 of this Circular, the content of re-registration of birth shall be determined based on such documents.

In cases where current information about the father, mother, and the person requesting re-registration of birth differs from the content of previously issued documents, that person is responsible for presenting documents proving the changes. If the change in information complies with legal regulations, the content of re-registration of birth shall be determined according to the changed information; the previous information content will be recorded in the "Section Recording Subsequent Changes" at the back of the Birth Registration Certificate and the "Note" section in the Birth Registration Book.

Example: In the copy of the Birth Registration Certificate of Nguyen Van A issued in 1975, it states the father's name as Nguyen Van B, born in 1950, Vietnamese nationality. However, currently, the father has renounced Vietnamese nationality, acquired German nationality, and changed his name to Nguyen Henry. When re-registering birth for Nguyen Van A, the person registering must present the Decision of the President of the State to renounce Vietnamese nationality and documents proving the acquisition of German nationality and the change of name of the father; the part regarding the father in the Birth Registration Certificate will be recorded as follows:

"Father's Name: Nguyen Henry, born in 1950, German nationality."

The "Section Recording Subsequent Information Changes" at the back of the Birth Registration Certificate and the "Note" section in the Birth Registration Book will clearly record: The father changed his name and nationality from Nguyen Van B, Vietnamese nationality, to Nguyen Henry, German nationality.

2. At the time of re-registering birth, if administrative place names have changed compared to those recorded in previously issued documents, they shall be determined and recorded according to the current administrative place names; the change in administrative place names shall be recorded in the "Section Recording Subsequent Information Changes" at the back of the Birth Registration Certificate and the "Note" section in the Birth Registration Book.

Example: The place of birth and place of origin in the previous copy of the Birth Registration Certificate of Nguyen Van A were "Vinh Thinh, Vinh Lac, Vinh Phu"; now the district and province names have changed to Vinh Tuong, Vinh Phuc, then the place of birth and place of origin shall be recorded according to the current administrative place names as: "Vinh Thinh, Vinh Tuong, Vinh Phuc".

The "Section Recording Subsequent Information Changes" at the back of the Birth Registration Certificate and the "Note" section in the Birth Registration Book will clearly record: Place of birth and place of origin changed from "Vinh Thinh, Vinh Lac, Vinh Phu" to "Vinh Thinh, Vinh Tuong, Vinh Phuc".

Section 2

REGISTRATION OF PARENTS AND CHILDREN

Article 11. Evidence Proving Parent-Child Relationship

Evidence to prove parent-child relationship as prescribed in Clause 1, Article 25 and Clause 1, Article 44 of the Household Registration Law includes one of the following documents or materials:

1. Documents from health authorities, forensic agencies, or other competent authorities within the country or abroad confirming the father-child relationship or mother-child relationship.

2. In cases where there is no document as prescribed in Clause 1 of this Article, there must be correspondence, photographs, tapes, discs, other items or objects proving the father-child relationship or mother-child relationship, and a declaration by the parents stating that the child is their common offspring, with at least two close relatives of the parents serving as witnesses.

The household registration authority is responsible for clearly explaining the responsibilities and legal consequences of false declarations or witnessing.

The household registration authority will refuse to process according to the provisions of Article 5 of this Circular or revoke the results of household registration if there is a basis to determine that the content of declarations or witnessing is not true.

Article 12. Combining the registration of birth and acknowledgment of parentage

When registering the birth of a child and there is a request to register the acknowledgment of parentage, the household registration authority shall combine the procedures for registering the birth and the acknowledgment of parentage as follows:

1. The documents include:

a) The application form for birth registration and the application form for acknowledgment of parentage according to the prescribed model;

b) Birth certificate or other documents replacing the birth certificate as stipulated in Clause 1, Article 16 of the Household Registration Law;

c) Evidence proving the parent-child relationship as stipulated in Article 11 of this Circular.

2. Other documents and the procedure for handling shall be carried out in accordance with the provisions of Clause 1 and Clause 2 of Article 16 and Article 25 of the Household Registration Law in cases within the jurisdiction of the People's Committee of the commune; in accordance with the provisions of Clause 1 and Clause 2 of Article 36 and Article 44 of the Household Registration Law in cases within the jurisdiction of the People's Committee of the district.

The content of the birth registration shall be determined in accordance with the provisions of Article 4 of Decree No. 123/2015/NĐ-CP. The birth certificate and the extract of the acknowledgment of parentage shall be issued simultaneously to the applicant.

Article 13. Guidance on the registration of acknowledgment of parentage and supplementary household registration in certain special cases

1. In cases where a man and a woman live together as husband and wife without registering their marriage, have a child, and the child lives with the father, when the father makes the procedure to acknowledge the child but cannot contact the mother, it is not necessary to have the mother's opinion in the application form for acknowledgment of parentage.

If there is a birth certificate and identity documents of the mother, the information about the mother shall be recorded according to the birth certificate and identity documents of the mother. If there is no birth certificate and identity documents of the mother, it shall be recorded according to the information provided by the father, and the father shall bear responsibility for the information he provides.

2. In cases where a child born before the registration of marriage is registered for birth without information about the father, and the couple has a document recognizing the child as common, they do not need to make the procedure for acknowledgment of parentage but only need to make the procedure for supplementary household registration to record additional information about the father in the Birth Registration Book and the Birth Certificate of the child.

3. In cases where a child born before the registration of marriage has not been registered for birth, and when registering the birth, the couple has a document recognizing the child as common, the information about the father shall be immediately recorded in the Birth Certificate of the child without needing to make the procedure for acknowledgment of parentage.

The household registration authority shall have the responsibility to clearly explain the responsibilities and legal consequences of providing information about the mother as stipulated in Clause 1 of this Article, and if the recognition of the common child as stipulated in Clause 2 and Clause 3 of this Article is not true, the authority shall establish a document acknowledging the common child.

The household registration authority shall refuse to handle according to the provisions of Article 5 of this Circular or revoke the results of household registration if there is evidence to determine that the information provided to the household registration authority is not true.

Section 3

MOBILE REGISTRATION OF BIRTH, DEATH, AND MARRIAGE

Article 14. Cases of mobile registration of birth, death, and marriage

1. In cases where children are born and the parents are disabled, sick and unable to register the birth of the child; parents are arrested, detained, or serving a prison sentence and do not have grandparents or other relatives or these people do not have the conditions to register the birth of the child, the People's Committee of the commune shall carry out mobile birth registration.

In cases where the deceased does not have relatives, relatives do not live in the same commune area, or are elderly, weak, or disabled and cannot register the death, the People's Committee of the commune shall carry out mobile death registration.

In cases where both male and female parties are permanent residents in the commune area and one or both of them are disabled or sick and unable to register the marriage, the People's Committee of the commune shall carry out mobile marriage registration.

2. In addition to the cases stipulated in Clause 1 of this Article, based on the actual conditions of the locality, the People's Committee of the commune shall decide to organize mobile registration of birth, death, and marriage.

3. The People's Committee of the commune shall be responsible for arranging time, budget, and human resources to implement mobile household registration in accordance with the provisions of Clause 1 and Clause 2 of this Article in a suitable manner, ensuring that all events of birth, death, and marriage of the people are fully registered and strengthening household management work in the locality.

Article 15. Procedures for Mobile Birth Registration and Death Registration

1. The judicial officer - civil status registrar at the commune assigned to handle mobile birth registration and death registration shall be responsible for preparing all types of application forms, civil status documents, and necessary conditions to conduct mobile registration at individual residences or designated registration sites, ensuring convenience for citizens.

At the mobile civil status registration site, the judicial officer - civil status registrar shall guide the applicant to fill out all information on the application form; check the supporting documents for birth registration and death registration according to the Civil Status Law, Decree No. 123/2015/NĐ-CP, and this Circular; write the Receipt for the submitted dossier. The deadline for delivering the results of mobile birth registration and death registration shall not exceed five working days from the date of receipt.

2. Within two working days from the date of receiving the dossier as stipulated in Clause 1 of this Article, the judicial officer - civil status registrar shall submit the civil status documents for signature by the Chairman of the Commune People's Committee and record the registration content in the Civil Status Book accordingly.

3. Within five working days as stipulated in Clause 1 of this Article, the judicial officer - civil status registrar shall bring the civil status documents and the Civil Status Book to deliver the results to the applicant at the mobile registration site; guide the citizen to sign and clearly write their surname, middle name, and given name in the Civil Status Book as prescribed. In the "Notes" section of the Civil Status Book, it shall be clearly noted "Mobile Registration."

4. In cases where the applicant cannot read, the judicial officer - civil status registrar shall directly fill out the application form, then read the contents back to the applicant and guide them to affix their thumbprint on the application form. When delivering the civil status registration results, the judicial officer - civil status registrar must read the contents of the civil status documents aloud to the applicant and guide them to affix their thumbprint in the Civil Status Book.

This provision also applies to the procedures for mobile marriage registration as stipulated in Article 16 of this Circular.

Article 16. Procedures for Mobile Marriage Registration

1. The judicial officer - civil status registrar at the commune assigned to handle mobile marriage registration shall be responsible for preparing all types of application forms, civil status documents, and necessary conditions to conduct mobile registration. At the mobile registration site, the judicial officer - civil status registrar shall be responsible for checking and verifying the marriage conditions of both parties; guiding citizens to fill out all information on the marriage registration application form; writing the Receipt for the submitted dossier. The deadline for delivering the results of mobile marriage registration shall not exceed five working days from the date of receipt.

2. Within five working days as stipulated in Clause 1 of this Article, if it is determined that both parties meet the marriage conditions as prescribed by the Marriage and Family Law, the judicial officer - civil status registrar shall submit the application to the Chairman of the Commune People's Committee for signing the Marriage Certificate, and subsequently issue the Marriage Certificate to both parties at the mobile registration site.

Chapter III

SAMPLE DOCUMENTS AND CIVIL STATUS BOOKS GUIDELINES FOR MANAGEMENT AND USE OF DOCUMENTS AND CIVIL STATUS BOOKS

Section 1

SAMPLE DOCUMENTS AND CIVIL STATUS BOOKS

Article 17. Issuance of Lists of Sample Documents and Civil Status Books

a) Two Register models (Annex I);

a) List of civil status documents printed and distributed by the Ministry of Justice (Annex 1);

b) List of Civil Status Books printed and distributed by the Ministry of Justice (Annex 2);

c) List of civil status documents published on the Ministry of Justice’s online portal, which registration offices may print and use (Annex 3);

d) List of Civil Status Books published on the Ministry of Justice’s online portal, which registration offices may print and use (Annex 4).

đ) List of sample application forms for civil status registration published on the Ministry of Justice’s online portal, which registration offices and citizens may print and use (Annex 5).

2. Standards regarding size, color, and technical details of sample documents and Civil Status Books are described specifically in the annexes accompanying this Circular.

Article 18. Authority to print and issue sample documents, Household registration books

1. Birth certificates, marriage certification certificates, birth registration books, marriage registration books, death registration books shall be issued according to the list prescribed at points a and b Clause 1 Article 17 of this Circular directly printed and issued by the Ministry of Justice.

Depending on local usage needs, provincial Departments of Justice under the central government shall contact the Ministry of Justice to obtain supplies.

2. In cases where household registration agencies have applied information technology and have household registration software ensuring the printing of household registration content in accordance with the size and technical details specified in Clause 2 Article 17 of this Circular and recognized by the Ministry of Justice, they may be provided with blank samples of birth certificates and marriage certification certificates (as listed at point a Clause 1 Article 17) for self-printing.

3. Sample extracts from household registration records (originals and copies) shall be issued according to the list prescribed at point c Clause 1 Article 17 of this Circular and the sample household registration application forms shall be issued according to the list prescribed at point đ Clause 1 Article 17 of this Circular and shall be posted on the Ministry of Justice's electronic portal (at the address: www.moj.gov.vn). Household registration agencies can access and self-print for use.

Individuals requesting household registration can access the Ministry of Justice's electronic portal to self-print and use the sample household registration application forms. In cases where individuals requesting household registration cannot self-print, the household registration agency has the responsibility to print and provide free of charge to the individual requesting household registration.

4. The sample household registration book shall be issued according to the list prescribed at point d Clause 1 Article 17 of this Circular and shall be posted on the Ministry of Justice's electronic portal (at the address: www.moj.gov.vn). Household registration agencies can access and self-print for use.

In cases where domestic household registration agencies cannot self-print, provincial Departments of Justice under the central government have the responsibility to print and issue to household registration agencies within their jurisdiction for use.

5. Household registration agencies must bear responsibility for the use of printed and issued documents and household registration books that do not comply with the provisions of this Circular.

Section 2

GUIDELINES FOR RECORDING HOUSEHOLD REGISTRATION BOOKS AND DOCUMENTS

Article 19. Principles for recording household registration books and documents

1. Judicial officers - household registration at commune level, staff working in household registration at the Department of Justice, diplomatic and consular officials (hereinafter referred to collectively as household registration staff) must personally record in the household registration book and household registration documents. The content recorded must be accurate; handwriting must be clear, complete, without abbreviations, erasures; written with good quality ink, of the same color; different colors of ink shall not be used; red ink shall not be used.

In cases where information technology is applied to print household registration documents on machines, it must be printed with good quality black ink, without smudging, loss of clarity or fading.

2. Household registration books must be stamped with a cross-stamp from the first page to the last page immediately upon opening the book. Entries must be made consecutively page by page, without leaving any pages blank.

3. Registration numbers within each year in each type of household registration book must be recorded continuously in sequence, starting from number 01 until the end of the year. If the book runs out before the end of the year, a new book should be used and the numbering should continue from the last number of the previous book, not restarting from number 01.

For example, if the birth registration book for the year 2016, volume 1 ends with the last number (of the last page) being 200, when switching to volume 2, the next number should be 201.

4. The numbers recorded on individual household registration documents must match the registration numbers recorded in the household registration book as stipulated in Clause 3 of this Article.

5. All columns and items in the household registration book and documents must be fully and accurately recorded according to the instructions in the household registration book and this Circular; dates must be recorded according to the Gregorian calendar.

6. Changes to household registration of individuals based on court judgments or decisions of competent state authorities shall be recorded in the household registration book as follows:

a) Changes in nationality shall be recorded in the "Notes" section of the birth registration book; such changes shall also be recorded in the "Notes" section of other household registration books where the individual has registered.

b) Determination of parent-child relationships shall be recorded in the "Notes" section of the birth registration book of the child.

c) Re-determination of gender shall be recorded in the "Notes" section of the birth registration book of the individual whose gender is being re-determined.

d) Adoption and termination of adoption shall be recorded in the adoption registration book.

đ) Divorce, annulment of illegal marriages, recognition of marriages shall be recorded in the "Notes" section of the marriage registration book.

e) Recognition of guardianship shall be recorded in the guardianship registration book.

g) Declaration or revocation of declaration of a person missing, dead, or having limited capacity for civil acts shall be recorded in the "Notes" section of the birth registration book.

h) Declaration or revocation of declaration of a person's death shall be recorded in the death registration book.

7. Household registration matters of Vietnamese citizens resolved by competent foreign authorities shall be recorded in the household registration book as follows:

a) Birth registration shall be recorded in the birth registration book.

b) Marriage registration shall be recorded in the marriage registration book.

c) Guardianship registration shall be recorded in the guardianship registration book.

d) Acknowledgment of parent-child relationships, determination of parent-child relationships shall be recorded in the acknowledgment of parent-child relationship registration book. In cases where the child has already been registered for birth in Vietnam, the People's Committee of the district shall notify the authority responsible for birth registration to make additional notes in the birth registration book.

đ) Adoption registration shall be recorded in the adoption registration book.

e) Changes in household registration shall be recorded in the change, correction, supplementation registration book and additional notes in other household registration books.

g) Divorce, annulment of marriage shall be recorded in the divorce note book. If the marriage was previously registered and noted by a Vietnamese competent authority, the People's Committee of the district shall notify the authority responsible for marriage registration to make additional notes in the marriage registration book.

h) Death registration shall be recorded in the death registration book.

8. Household registration agencies currently storing household registration books shall implement the recording in the household registration book as stipulated in Clause 6 of this Article immediately upon receipt of the judgment or decision.

Where the Household Register is stored at two levels, the agency responsible for registering and managing household records, upon receiving the judgment or decision, shall record it in the Household Register and have the responsibility to notify the agency currently storing the remaining Household Register to record it, ensuring synchronized updates.

9. When recording in the Household Register, it must be recorded according to the content of the household registration document; contents present in the Household Register but not in the household registration document shall be left blank, and contents present in the household registration document but not in the Household Register shall be recorded in the "Notes" section of the Household Register.

In cases where the household registration information on the household registration document or Household Register has not been determined, it shall be left blank and shall not be crossed out or marked.

Article 20. Method of Recording Administrative Place Names on Household Registration Documents and Household Registers when there is a Change in Administrative Place Names

1. When there is a change in administrative place names, the part recording administrative place names on household registration documents and Household Registers shall be recorded according to the administrative place name at the time of registration.

2. When issuing a copy of the Extract of Household Registration, the part recording administrative place names in the copy of the Extract of Household Registration must correspond to the administrative place name registered in the Household Register.

Article 21. Method of Recording Birth Registration Certificates and Birth Registration Books

1. The surname, middle name, and given name of the person being registered for birth must be recorded in uppercase letters with accents.

2. The date of birth of the person being registered for birth is the Gregorian calendar date, recorded both numerically and in words.

3. The "Place of Birth" section shall be recorded as follows:

a) In cases where children are born in hospitals, maternity homes, health stations, medical facilities (hereinafter referred to collectively as healthcare facilities), the name of the healthcare facility and the administrative place name of the location of the healthcare facility shall be recorded.

Example: - Duc Giang General Hospital, Duc Giang Ward, Long Bien District, Hanoi City.

           - Dinh Bang Health Station, Tuy Son District, Bac Ninh Province.

           - Obstetrics Hospital, Hanoi.

b) In cases where children are born outside the healthcare facilities specified in point a of this clause, including births at home, on transportation means, on the road, or at other locations, the "Place of Birth" shall be recorded according to the actual administrative place name where the child was born (recording three levels of administrative place names).

Example: - Dinh Bang Commune, Tuy Son District, Bac Ninh Province.

c) In cases where children are born abroad, the "Place of Birth" shall be recorded according to the city name and country name where the child was born; in cases where children are born in a federal country, the city name, state name, and country name shall be recorded.

Example: - Paris, French Republic.

           - London, United Kingdom.

           - Los Angeles, State of California, United States.

4. The "Residence Address" section shall be recorded as follows:

a) In cases where Vietnamese citizens reside within the country, it shall be recorded according to their permanent residence registration; in cases where there is no permanent residence registration, it shall be recorded according to their temporary residence registration.

b) In cases where Vietnamese citizens reside abroad, it shall be recorded according to their permanent or temporary address abroad.

The method of recording "Residence Address" as stipulated in this clause also applies to recording the "Residence Address" section in other types of Household Registers and household registration documents.

5. The "Personal Identification Documents" section of the person registering for birth, which includes the types of documents prescribed in Clause 1, Article 2 of Decree No. 123/2015/NĐ-CP, must clearly record: type of document, number, issuing authority, and date of issuance of the document.

Example: - Identity Card No. 030946299, issued by the Public Security Department of Hai Phong City on January 1, 2011.

          - Passport No. B234567, issued by the Immigration Department on February 14, 2012.

          - Citizen Identity Card No. 010116000099, issued by the Ministry of Public Security on June 1, 2016.

6. The "Birth Registration Office" section must accurately record the name of the competent authority responsible for birth registration as prescribed by the Household Registration Law, specifically as follows:

a) In cases where birth registration falls under the jurisdiction of the People's Committee of a commune, the full administrative place name of three levels (commune, district, province) must be recorded.

Example: People's Committee of Cau Dien Ward, Nam Tu Liem District, Hanoi City.

b) In cases where birth registration falls under the jurisdiction of the People's Committee of a district, the full name of two levels of administrative places (district, province) must be recorded.

Example: People's Committee of Kien Thuy District, Hai Phong City.

c) In cases where birth registration falls under the jurisdiction of a Vietnamese representative office abroad, the name of the representative office and the country name where the office is located shall be recorded.

Example: - Embassy of Vietnam in the Federal Republic of Germany.

          - Consulate General of Vietnam in Osaka, Japan.

7. The guidance on recording the name of the competent authority responsible for birth registration as prescribed in Clause 6 of this Article also applies to recording the name of the competent authority responsible for other household registrations as prescribed by the Household Registration Law and Decree No. 123/2015/NĐ-CP, uniformly recorded in the Household Register and household registration documents.

8. The "Notes Section for Subsequent Changes" on the back of the Birth Registration Certificate is used to note changes, corrections, supplements to household registration, and re-determination of ethnicity; recording household registration information changed according to judgments or decisions of competent state authorities. When implementing, the date, month, and year of making the note, the changed household registration information, and the type of document, number, name of the issuing authority, and the date, month, and year of issuance of the document serving as the basis for making the note must be clearly recorded.

Article 22. Recording Method for Marriage Certificate and Marriage Registration Book

1. The surname, middle name, and given name of the wife; the surname, middle name, and given name of the husband shall be recorded in capital letters with accents.

2. The date of marriage registration is the date when the marital relationship is established, except in cases of re-registering the marriage; registering actual marriage as prescribed in Clause 2, Article 44 of Decree No. 123/2015/NĐ-CP; re-registering the marriage as prescribed in Article 13 of the Marriage and Family Law.

In cases of re-registering the marriage or registering actual marriage where the previous marriage registration date cannot be determined, the date of cohabitation as husband and wife shall be recorded as the first day of the month and year of the marriage registration and cohabitation establishment; if the date and month cannot be determined, it shall be recorded as January 1st of the previous marriage registration year or cohabitation establishment year.

3. The section titled "Notes on subsequent changes" on the back of the Marriage Certificate is used to record changes, corrections, supplements to household registration, and re-determination of ethnicity; recording changes to household registration information based on court judgments or decisions of competent state agencies. When implementing, the date, month, and year of the note, the changed household registration information, and the type of document, number, issuing authority, and issuance date serving as the basis for the note must be clearly stated.

The recognized date of the marital relationship in cases of re-registering the marriage, registering actual marriage as prescribed in Clause 2, Article 44 of Decree No. 123/2015/NĐ-CP, and re-registering the marriage as prescribed in Article 13 of the Marriage and Family Law shall also be recorded in the "notes" section on the back of the Marriage Certificate.

Article 23. Recording Method for Death Extracts and Death Registration Books

1. The surname, middle name, and given name of the deceased must be written in capital letters with accents.

2. The section "Died at" shall be recorded according to the Death Notice or substitute document as prescribed in Clause 2, Article 4 of Decree No. 123/2015/NĐ-CP, specifying the hour, minute, day, month, and year of death in both numbers and words; if the time of death is unclear, leave it blank.

3. The section "Place of Death" shall specify the name of the medical facility and the administrative location where the facility is located in cases of death at a medical facility.

In cases of death on a means of transportation, due to an accident, in prison, temporary detention center, execution site, or at the premises of an organization, or if the place of death cannot be determined, record the full administrative location (ward, district, province) where the person died or where the body was found.

4. The section "Cause of Death" shall be recorded according to the Death Notice or substitute document as prescribed in Clause 2, Article 4 of Decree No. 123/2015/NĐ-CP; if the cause of death is undetermined, leave it blank.

5. The section regarding the Death Notice or substitute document must clearly state the name of the document; its number, date, and year of issuance; and the issuing authority.

Example: Death Notice No. 05/UBND-GBT issued by the People's Committee of Lam Son Ward, Le Chan District, Hai Phong City on January 5, 2016.

Article 24. Recording Method for Extracts of Changes, Corrections, Supplements to Household Registration, and Re-Determination of Ethnicity

1. The title of the Extract must clearly correspond to each specific type of matter.

Examples: Extract of Change to Household Registration

          - Extract of Correction to Household Registration

          - Extract of Supplement to Household Registration

          - Extract of Re-Determination of Ethnicity

2. When issuing a copy of the Extract of Changes, Corrections, Supplements to Household Registration, or Re-Determination of Ethnicity from which type of book, the name of that book must be clearly stated. For example: "Book of Registration of Changes and Corrections to Household Registration in..."; "Book of Birth Registration in..."

Article 25. Recording of the Certificate of Marital Status, Issuing the Certificate of Marital Status Book

1. The "Place of Residence" section shall be recorded according to the current address of residence of the person receiving the Certificate of Marital Status.

2. The section "During the period residing at:... from the date... month... year... to the date... month... year..." shall only be recorded if the applicant requests issuance of the Certificate of Marital Status during the period of previous permanent registration.

3. The "Marital Status" section must accurately record the current marital status of that person, specifically as follows:

 - If never married, it shall be recorded as "Not registered for marriage with anyone".  - If currently married, it shall be recorded as "Currently married to Mrs./Mr.... (Marriage Certificate number..., issued on... month... year...)".

 - If there was a marriage registration but has since been divorced and not remarried, it shall be recorded as "Registered for marriage, but divorced pursuant to Divorce Judgment/Divorce Decision number... dated... month... year... of the People's Court...; currently not registered for marriage with anyone".  - If there was a marriage registration but the spouse has died and not remarried, it shall be recorded as "Registered for marriage, but spouse has died (Death Certificate/Extraction from Death Registration/Judgment number:... issued on... month... year...); currently not registered for marriage with anyone".

 - If the case involves living together as husband and wife before January 3, 1987 and still cohabiting without registering for marriage, it shall be recorded as "Currently married to Mrs./Mr....". 4. In cases where the authority issues the Certificate of Marital Status for Vietnamese citizens during their residence abroad, the "Place of Residence" section shall be recorded according to the current address of residence of the applicant; the section "During the period residing at:... from the date... month... year... to the date... month... year..." shall be recorded according to the actual address and period of residence abroad. The marital status of that person shall be determined based on the Household Registry Book, Electronic Household Registry Database managed by the representative office, and recorded similarly as provided in Clause 3 of this Article.

"Mr. Nguyen Van A, Place of Residence: Berlin, Federal Republic of Germany.

During the period residing at: New York, United States, from October 20, 2010 to July 27, 2012. Marital Status: Not registered for marriage with anyone at the Embassy of Vietnam in the United States".

5. The section "This certificate is issued for:" must correctly record the purpose of using the Certificate of Marital Status and shall not be left blank.

Example: Purchasing a house; supplementing job application files; handling inheritance procedures; supplementing travel files to foreign countries; for marriage...

In cases where the Certificate of Marital Status is used to handle marriage registration procedures, the full name, date of birth, and personal identification documents of the intended spouse, and the location where the marriage registration procedures will be handled, must be clearly stated.

- This certificate is issued for handling marriage registration procedures with Ms. Nguyen Thi T, born in 1992, ID number 031331332, at the People's Committee of Lap Le Commune, Thuy Nguyen District, Hai Phong City.

- This certificate is issued for handling marriage registration procedures with Mr. Nguyen Viet K, born in 1962, Passport number: B123456, at the People's Committee of Hoai Duc District, Hanoi City.

- This certificate is issued for handling marriage registration procedures with Mr. Son Cha Duek, born in 1965, Passport number: M234123, in South Korea.

Example: Processing real estate purchase and sale procedures; supplementing job application documents; processing inheritance procedures; supplementing travel documents for foreign trips; for marriage registration...

In the case of using a Certificate of Marital Status to process marriage registration procedures, it must clearly state the full name, date of birth, and personal identification documents of the person intending to marry, and the place where the marriage registration procedure will be processed.

Example: - This certificate is issued for the purpose of processing marriage registration with Ms. Nguyen Thi T, born in 1992, ID No. 031331332, at the People's Committee of Lap Le Commune, Thuy Nguyen District, Hai Phong City.

- This certificate is issued for the purpose of processing marriage registration with Mr. Nguyen Viet K, born in 1962, Passport No.: B123456, at the People's Committee of Hoai Duc District, Hanoi City.

- This certificate is issued for the purpose of processing marriage registration with Mr. SON CHA DUEK, born in 1965, Passport No.: M234123, in South Korea.

Article 26. Correcting errors when recording Household registration books, household registration documents

1. When registering household records, if there are errors in recording the contents in the Household Register Book, the civil servant handling household registration must strike out the erroneous part, record it beside or above the error, without overwriting the old text, erasing, or writing over erased areas.

In cases where there are blank pages due to errors, the civil servant handling household registration must draw a diagonal line across the blank page.

The note column of the Household Register Book must clearly record the content of the correction; the date, month, year of correction; the signature of the civil servant handling household registration, along with their full name.

The civil servant handling household registration has the responsibility to report to the head of the household registration authority about the correction of errors. The head of the household registration authority is responsible for checking and allowing the stamp of confirmation on the corrected content.

The civil servant handling household registration shall not arbitrarily erase, correct, or supplement the recorded content in the Household Register Book, causing distortion.

2. When registering household records, if there are errors on household registration documents, the civil servant handling household registration must invalidate those documents and issue new ones, not issuing to citizens the corrected household registration documents.

3. After registering household records, if errors caused by mistakes of the civil servant handling household registration or by the person requesting registration are discovered, the procedure for correcting household registration must be carried out according to Clause 2, Article 7 of Decree No. 123/2015/NĐ-CP.

Section 3

GUIDELINES FOR OPENING, CLOSING, STORING, AND PRESERVING THE HOUSEHOLD REGISTER BOOK

Article 27. Opening, Closing Household registration books at the People's Committee of the commune, district People's Committee

1. The volume number of the Household Register Book is numbered and recorded in the order of use for each type of book in the year, starting from number 01.

Example: - Guardianship Registration Book, number: 01-TP/HT-2015-GH

          - Acknowledgment of Parentage Registration Book, number: 01-TP/HT-2015-CMC.

The opening date of the book is the date of the first registered household event. The closing date is implemented as follows: if the book ends before the end of the year, it is closed on the date of the last registered household event; if the year ends before the book is fully used, it is closed on December 31 of that year.

2. At the end of the registration year, the civil servant handling household registration must accurately tally the number of volumes of the Household Register Book used, the total number of registered household events in the year, the number of cases requiring corrections according to Clause 1, Article 26 of this Circular, and any blank pages (if any) in each book.

3. After tallying as stipulated in Clause 2 of this Article, the civil servant handling household registration must sign, write their full name; report to the head of the household registration authority for confirmation, write their full name, position, and affix the seal.

Article 28. Storing and Preserving Household registration books at the People's Committee of the commune, district People's Committee and Department of Justice

1. The Household Register Book is stored permanently, kept and preserved for use and to meet the needs of the people and state management activities.

2. The People's Committee of the commune, district People's Committee, and Department of Justice have the responsibility to store, preserve, and utilize the Household Register Book in accordance with the provisions of the law; implement measures to prevent typhoons, floods, fires, moisture, and pests to ensure safety.

The Chairman of the People's Committee of the commune, district, and Director of the Department of Justice shall be responsible for any loss, damage, or illegal exploitation and use of the Household Register Book.

Article 29. Opening, Closing Household registration books and Storing Household Registers at Representative Offices

1. The representative office shall carry out the opening, closing, storing, and preserving of Household Registers in accordance with the guidelines set forth in Articles 27 and 28 of this Circular.

2. After closing the register, the representative office shall certify one copy for each type of Household Register to be stored at the Consular Affairs Department, Ministry of Foreign Affairs.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 30. Transitional Provisions

Applications for household registration received by the household registration authority before January 1, 2016, which have not yet been resolved, shall continue to be processed according to the applicable laws in effect at the time of receipt of the application and shall use the corresponding household registration forms issued pursuant to the following legal documents:

a) Circular No. 08.a/2010/TT-BTP dated March 25, 2010 of the Ministry of Justice on the issuance and guidance on recording, storing, and using household registers and forms;

b) Circular No. 16.a/2010/TT-BTP dated October 8, 2010 of the Ministry of Justice amending the household registration forms issued together with Circular No. 08.a/2010/TT-BTP dated March 25, 2010 of the Ministry of Justice on the issuance and guidance on recording, storing, and using household registers and forms;

c) Circular No. 05/2012/TT-BTP dated May 23, 2012 of the Ministry of Justice amending and supplementing certain provisions of Circular No. 08.a/2010/TT-BTP dated March 25, 2010 of the Ministry of Justice on the issuance and guidance on recording, storing, and using household registers and forms;

d) Circular No. 09b/2013/TT-BTP dated May 20, 2013 of the Ministry of Justice amending and supplementing certain provisions of Circular No. 08.a/2010/TT-BTP dated March 25, 2010 of the Ministry of Justice on the issuance and guidance on recording, storing, and using household registers and forms and Circular No. 05/2012/TT-BTP dated May 23, 2012 of the Ministry of Justice amending and supplementing certain provisions of Circular No. 08.a/2010/TT-BTP;

đ) Circular No. 02a/2015/TT-BTP dated February 23, 2015 of the Ministry of Justice guiding the implementation of certain provisions of Decree No. 126/2014/NĐ-CP dated December 31, 2014 of the Government detailing certain provisions and measures to implement the Law on Marriage and Family regarding marriage and family relations involving foreign elements.

Article 31. Effective Date

1. This Circular shall take effect from January 2, 2016.

2. The following legal documents are hereby repealed:

a) Circular No. 07/2001/TT-BTP dated December 10, 2001 guiding the implementation of certain provisions of Decree No. 77/2001/NĐ-CP dated October 22, 2001 of the Government detailing regulations on marriage registration pursuant to Resolution No. 35/2000/QH10 of the National Assembly;

b) Circular No. 01/2008/TT-BTP dated June 2, 2008 of the Ministry of Justice guiding the implementation of certain provisions of Decree No. 158/2005/NĐ-CP dated December 27, 2005 of the Government on household registration and management;

c) Circular No. 08.a/2010/TT-BTP dated March 25, 2010 of the Ministry of Justice on the issuance and guidance on recording, storing, and using household registers and forms;

d) Circular No. 16.a/2010/TT-BTP dated October 8, 2010 of the Ministry of Justice amending the household registration forms issued together with Circular No. 08.a/2010/TT-BTP;

đ) Circular No. 05/2012/TT-BTP dated May 23, 2012 of the Ministry of Justice amending and supplementing certain provisions of Circular No. 08.a/2010/TT-BTP dated March 25, 2010 of the Ministry of Justice on the issuance and guidance on recording, storing, and using household registers and forms;

e) Circular No. 09b/2013/TT-BTP dated May 20, 2013 of the Ministry of Justice amending and supplementing certain provisions of Circular No. 08.a/2010/TT-BTP dated March 25, 2010 of the Ministry of Justice on the issuance and guidance on recording, storing, and using household registers and forms and Circular No. 05/2012/TT-BTP dated May 23, 2012 of the Ministry of Justice amending and supplementing certain provisions of Circular No. 08.a/2010/TT-BTP;

g) Circular No. 02a/2015/TT-BTP dated February 23, 2015 of the Ministry of Justice guiding the implementation of certain provisions of Decree No. 126/2014/NĐ-CP dated December 31, 2014 of the Government detailing certain provisions and measures to implement the Law on Marriage and Family regarding marriage and family relations involving foreign elements.

3. During the process of implementation, if there are any difficulties, the People's Committees of provinces and centrally governed cities and Departments of Justice are requested to promptly report to the Ministry of Justice for guidance./.