The Law on Household Registration stipulates the registration and management of household records; the rights and obligations of individuals in household registration; the authority and procedures for handling household events at People's Committees at commune and district levels, and diplomatic missions. This Law takes effect from January 1, 2016.
적용 범위
Vietnamese citizens, stateless persons permanently residing in Vietnam, foreign citizens permanently residing in Vietnam, competent state agencies, electronic household record database, People's Committees at commune and district levels, diplomatic missions.
핵심 사항
- Vietnamese citizens and stateless persons permanently residing in Vietnam are entitled to register birth, marriage, guardianship, and adoption; foreign citizens permanently residing in Vietnam may also perform these procedures but must comply with specific regulations.
- Authority for household registration: The People's Committee at commune level is responsible for persons under 14 years old, the People's Committee at district level for persons aged 14 and above and Vietnamese citizens residing abroad.
- Judicial officials - household registration officers are responsible for recording household events in the Household Register according to regulations; the processing time for procedures shall not exceed one working day.
- Fees for household registration are exempted in certain cases, with fee levels set by the Ministry of Finance.
- Violations of household registration regulations may be subject to administrative penalties or criminal prosecution.
🌐 이 문서의 사회적 영향
- Positive impacts: Strengthening population management, protecting the legitimate rights and interests of individuals; facilitating residents in household registration procedures.
- Negative impacts: May impose financial and administrative burdens on some groups.
❓ 자주 묻는 질문
When are Vietnamese citizens exempt from household registration fees?
Exemptions apply to members of families meritorious to the revolution, households in poverty, persons with disabilities, and those registering births, deaths within deadlines, guardianship, and marriages of Vietnamese citizens residing domestically.
How long does it take to process household registration procedures?
In cases without foreign elements, the procedures are resolved on the same day; if there are foreign elements or the file is incomplete or invalid, the resolution period shall not exceed fifteen working days.
How should Vietnamese citizens residing abroad register their household status?
Register at Vietnamese diplomatic missions abroad; if previously registered, information is updated in the Household Register and the electronic household record database.
What powers do officials involved in household registration have?
They are responsible for household registration, disseminating laws, updating information in the electronic household record database, reporting situations, and statistics on household registration.
How will violations of household registration regulations be handled?
They may be subject to administrative penalties or criminal prosecution depending on the nature and severity of the violation.
전문
LAW
HOUSEHOLD REGISTRATION
Based on the Constitution of the Socialist Republic of Vietnam;
The National Assembly promulgates the Law on Mobile Police Household registration.
PART I
GENERAL PROVISIONS
Article 1. Scope of application
1. This Law stipulates household registration; rights, obligations, principles, authority, procedures for registering household registration; Household Registration Database and state management of household registration.
2. Authority and procedures for handling matters related to nationality and adoption shall be carried out in accordance with the provisions of the Nationality Law of Vietnam and the Adoption Law, except where this Law provides otherwise.
Article 2. Household registration and registration of household registration
1. Household registration includes events specified in Article 3 of this Law that determine the personal status of individuals from birth until death.
2. Registration of household registration is the act of the competent state agency confirming or recording in the Household Register the household registration events of individuals, creating a legal basis for the State to protect the lawful rights and interests of individuals and implement population management.
Article 3. Content of household registration
1. Confirming in the Household Register household registration events:
a) Birth registration;
b) Marriage;
c) Guardianship;
d) Acknowledgment of parentage, child;
đ) Changing, correcting household registration, determining nationality again, supplementing household registration information;
e) Death registration.
2. Recording in the Household Register changes to household registration of individuals according to judgments or decisions of competent state agencies:
a) Change of nationality;
b) Determination of parentage, child;
c) Determination of gender again;
d) Adoption, termination of adoption;
đ) Divorce, annulment of invalid marriage, recognition of marriage;
e) Recognition of guardianship;
g) Declaration or cancellation of declaration of a person missing, dead, lost or restricted capacity for civil acts.
3. Recording in the Household Register birth registration; marriage; divorce; annulment of marriage; guardianship; acknowledgment of parentage, child; determination of parentage, child; adoption; change of household registration; death registration of Vietnamese citizens resolved by competent authorities of foreign countries.
4. Confirming or recording in the Household Register other household registration matters as prescribed by law.
Article 4. Definitions
In this Law, the following terms are understood as follows:
1. Household registration office is the People's Committee of communes, wards, towns (hereinafter referred to as the People's Committee at commune level), the People's Committee of districts, cities under provinces, and equivalent administrative units (hereinafter referred to as the People's Committee at district level), Diplomatic Missions, Consular Offices of Vietnam abroad (hereinafter referred to as the Mission).
2. Household Registration Database is a collection of household registration information of individuals registered and retained in the Household Register and the Electronic Household Registration Database.
3. Household Register is a paper book established and kept at the household registration office to confirm or record the household registration events specified in Article 3 of this Law.
4. Electronic Household Registration Database is a sectoral database established based on the computerization of household registration work.
5. Management Agency of the Household Registration Database includes the household registration office, the Ministry of Justice, the Ministry of Foreign Affairs, and other agencies authorized by law.
6. Birth Certificate is a document issued by the competent state agency to an individual upon registration of birth; the content of the Birth Certificate includes basic information about the individual as prescribed in Clause 1, Article 14 of this Law.
7. Certificate of Marriage is a document issued by the competent state agency to both male and female parties upon registration of marriage; the content of the Marriage Certificate includes basic information as prescribed in Clause 2, Article 17 of this Law.
8. Place of Origin of an individual is determined according to the place of origin of the father or mother as agreed by the parents or recorded in the declaration form when registering birth.
9. Extract of Household Registration is a document issued by the competent state agency to prove the household registration event of an individual registered at the household registration office. The original extract of household registration is issued immediately after the household registration event is registered. A copy of the extract of household registration includes a copy of the extract of household registration issued from the Household Registration Database and a certified copy of the extract of household registration from the original.
10. Change of Household Registration is the act of the competent state agency registering changes to the household registration information of an individual when there is a legitimate reason as prescribed by civil law or changing the information about parents in the content of the birth registration already registered as prescribed by law.
11. Redetermination of Nationality is the act of the competent state agency registering the redetermination of nationality of an individual as prescribed by the Civil Code.
12. Correction of Household Registration is the act of the competent state agency amending the household registration information of an individual in cases of errors during registration of household registration.
13. Supplement to Household Registration is the act of the competent state agency updating missing household registration information for individuals who have been registered.
Article 5. Principles of Household Registration
1. Respect and ensure the personal rights of individuals.
2. All household events of individuals must be registered fully, promptly, truthfully, objectively, and accurately; in cases where the conditions for registering household records as prescribed by law are not met, the head of the household registration agency shall refuse in writing and specify the reasons.
3. For household matters not specified with a time limit for resolution under this Law, they shall be resolved on the same day; if the application is received after 15:00 and cannot be resolved immediately, the result shall be delivered on the next working day.
4. Each household event may only be registered at one authorized household registration agency as stipulated by this Law.
Individuals may have their household registration processed at the household registration agency where they reside permanently, temporarily, or where they currently live. In cases where individuals do not register at their place of permanent residence, the People's Committee of the district, the People's Committee of the commune, or the representative agency where the individual has already registered the household shall notify the registration of the household to the People's Committee of the commune where the individual resides permanently.
5. All household events registered in the Household Register must be updated promptly and fully into the Electronic Household Record Database.
6. The contents of birth, marriage, divorce, death, change, correction, supplementation of household records, determination of gender, and determination of nationality of individuals in the Household Record Database are the input information for the National Population Database.
7. Ensure transparency and clarity in the procedures for household registration.
Article 6. Rights and Obligations of Individuals in Household Registration
1. Vietnamese citizens and stateless persons residing permanently in Vietnam have the right and obligation to register household records.
This provision also applies to foreign citizens residing permanently in Vietnam, except where international treaties to which Vietnam is a party provide otherwise.
2. In cases of marriage, acknowledgment of parentage, or adoption, the parties must directly process the matter at the household registration agency.
For other household registration matters or issuance of certified copies of household records, the person making the request may either process it directly or authorize another person to do so. The Minister of Justice shall detail the authorization procedure.
3. Minors and adults who have lost civil capacity must request household registration or issuance of certified copies of household records through their legal representatives.
Article 7. Authority for Household Registration
1. The People's Committee of the commune shall register household records in the following cases:
a) Registering household events as provided in points a, b, c, d, and e of Clause 1, Article 3 of this Law for Vietnamese citizens residing within the country;
b) Registering changes, corrections to household records for individuals under 14 years old; supplementing household record information for Vietnamese citizens residing within the country;
c) Implementing household matters as provided in Clause 2 and Clause 4, Article 3 of this Law;
d) Registering births for children born in Vietnam with one parent being a Vietnamese citizen residing in border areas, while the other parent is a citizen of a neighboring country residing in border areas with Vietnam; marriages, acknowledgment of parentage, or adoption of Vietnamese citizens residing in border areas with citizens of neighboring countries residing in border areas with Vietnam; registering deaths for foreigners residing stably and long-term in border areas of Vietnam.
2. The People's Committee of the district shall register household records in the following cases, except for the case provided in point d of Clause 1 of this Article:
a) Registering household events as provided in Clause 1, Article 3 of this Law involving foreign elements;
b) Registering changes, corrections to household records for Vietnamese citizens aged 14 and above residing within the country; determining nationality;
c) Implementing household matters as provided in Clause 3, Article 3 of this Law.
3. Representative agencies shall register household matters as provided in Article 3 of this Law for Vietnamese citizens residing abroad.
4. The Government shall prescribe the procedures for registering births, marriages, acknowledgment of parentage, or adoption, and deaths as provided in point d of Clause 1 of this Article.
Article 8. Ensuring the Implementation of Rights and Obligations for Household Registration
1. The State shall have comprehensive policies and measures to create favorable conditions for individuals to exercise their rights and fulfill their obligations regarding household registration.
2. The State shall ensure the budget, material infrastructure, human resources, and investment in information technology development for household registration and management activities.
Article 9. Methods of Requesting and Accepting Requests for Household Registration
1. When requesting household registration, issuance of certified copies of household records, individuals shall submit applications directly to the household registration authority or send them through the postal system or via the online household registration system.
2. When processing household registration or issuance of certified copies of household records from the household record database, individuals must present identity verification documents to the household registration authority. In cases where applications are sent through the postal system, certified true copies of identity verification documents must be attached.
3. For household registration matters with specified timeframes for resolution, the person receiving the application must issue a receipt; if the application is incomplete or invalid, they must provide written guidance for the individual to supplement and complete it. The guidance document must clearly state the types of supplementary documents required.
If the applicant submits the application to the wrong authorized household registration authority, the person receiving the application shall guide the individual to submit the application to the competent authority.
Article 10. Consular Legalization of Foreign Documents
Documents issued by foreign authorities for use in household registration in Vietnam must be consular legalized according to the law, except in cases exempted under international treaties to which Vietnam is a party.
Article 11. Household Registration Fees
1. Household registration fees shall be waived in the following cases:
a) Household registration for members of families who have contributed to the revolution; households living in poverty; persons with disabilities;
b) Timely birth registration, death registration, guardianship, and marriage registration of Vietnamese citizens residing within the country.
2. Individuals requesting other household registration events outside the provisions of Clause 1 of this Article, or requesting certified copies of household records, must pay the fee.
The Ministry of Finance shall stipulate in detail the authority to collect, rates, payment procedures, management, and use of household registration fees.
Article 12. Prohibited Acts
1. It is strictly prohibited for individuals to commit the following acts:
a) Providing false information or documents; producing or using counterfeit documents or those belonging to others for household registration;
b) Threatening, coercing, or obstructing the exercise of rights and fulfillment of obligations for household registration;
c) Illegally interfering with household registration activities;
d) Giving false assurances or testimony for household registration;
đ) Falsifying, altering, or distorting the content of household registration documents or information in the household record database;
e) Offering bribes, buying favors, or promising material or spiritual benefits to obtain household registration;
g) Taking advantage of household registration or evading household registration obligations for personal gain, to enjoy preferential policies of the State, or to profit in any form;
h) An authorized person deciding on household registration registering themselves or close relatives in accordance with the Law on Marriage and Family;
i) Illegally accessing, stealing, or destroying information in the household record database.
2. Household registration documents issued for cases violating the provisions at points a, d, đ, g, and h of Clause 1 of this Article shall be invalid and must be recalled and canceled.
3. Individuals committing acts as prescribed in Clause 1 of this Article may be subject to administrative violations or criminal prosecution depending on the nature and severity of the violation, as provided by law.
In cases where civil servants violate the provisions of Clause 1 of this Article, in addition to the aforementioned penalties, they may also face disciplinary action under laws governing civil servants and public officials.
PART II
HOUSEHOLD REGISTRATION AT THE PEOPLE'S COMMITTEE OF A COMMUNE
Section 1
BIRTH REGISTRATION
Article 13. Authority to Register Birth
The People's Committee of the commune where the father or mother resides shall carry out the registration of birth.
Article 14. Content of Birth Registration
1. The content of birth registration includes:
a) Information of the person being registered for birth: surname, middle name, given name; gender; date, month, year of birth; place of birth; place of origin; ethnicity; nationality;
b) Information of the father and mother of the person being registered for birth: surname, middle name, given name; year of birth; ethnicity; nationality; place of residence;
c) Personal identification number of the person being registered for birth.
2. The determination of nationality, ethnicity, and surname of the person being registered for birth shall be carried out in accordance with the provisions of the Law on Vietnamese Nationality and civil law.
3. The content of birth registration prescribed in Clause 1 of this Article is basic household registration information of an individual, recorded in the Household Registry Book, Birth Certificate, updated in the Electronic Household Registry Database and the National Population Database. Personal files and documents related to birth information must be consistent with the birth registration content of that person.
The Government shall stipulate the issuance of personal identification numbers for individuals being registered for birth.
Article 15. Responsibility for Birth Registration
1. Within sixty days from the date of childbirth, the father or mother has the responsibility to register the birth of their child; in cases where the father and mother cannot register the birth of their child, the grandfather or grandmother or other close relatives or individuals or organizations currently fostering the child have the responsibility to register the birth of the child.
2. Judicial officials - household registration officers regularly check and urge the registration of births for children within the specified time limit; in necessary cases, they shall conduct mobile birth registration.
Article 16. Procedures for Birth Registration
1. The person registering the birth submits the application form as prescribed and the birth certificate to the household registration authority. In case there is no birth certificate, then submit a statement from a witness confirming the birth; if there is no witness, a declaration about the birth must be provided; in cases of registering the birth of abandoned children, a record confirming the abandonment of the child by the competent authority must be provided; in cases of registering the birth of children born through surrogacy, a document proving the surrogacy according to the law must be provided.
2. Immediately upon receiving all required documents as stipulated in Clause 1 of this Article, if the birth registration information is complete and appropriate, the judicial official - household registration officer records the birth registration content as prescribed in Clause 1 of Article 14 of this Law in the Household Registry Book; updates it in the Electronic Household Registry Database and the National Population Database to obtain the Personal Identification Number.
The judicial official - household registration officer and the person registering the birth sign the Household Registry Book. The Chairman of the People's Committee of the commune issues the Birth Certificate to the person being registered for birth.
3. The Government shall provide detailed regulations on the registration of births for abandoned children, children whose parents are not identified, and children born through surrogacy; the determination of the place of origin of abandoned children and children whose parents are not identified.
Section 2
REGISTRATION OF MARRIAGE
Article 17. Authority to Register Marriage and Content of the Marriage Certificate
1. The People's Committee of the commune where one of the two parties resides shall carry out the registration of marriage.
2. The Marriage Certificate must include the following information:
a) Surname, middle name, given name; date, month, year of birth; ethnicity; nationality; place of residence; information about identity documents of both male and female parties;
b) Date, month, year of marriage registration;
c) Signature or fingerprint of both male and female parties and confirmation by the household registration authority.
Article 18. Marriage Registration Procedure
1. Both male and female parties submit the marriage registration application form as prescribed to the household registration authority and must be present at the time of marriage registration.
2. Immediately upon receiving all required documents as stipulated in Clause 1 of this Article, if the conditions for marriage are found to meet the provisions of the Law on Marriage and Family, the judicial officer - household registrar records the marriage in the Household Register, and both male and female parties sign the Household Register. Both male and female parties also sign the Certificate of Marriage; the judicial officer - household registrar reports to the Chairman of the People's Committee of the commune to organize the issuance of the Certificate of Marriage to both male and female parties.
In cases where it is necessary to verify the conditions for marriage of both male and female parties, the processing period shall not exceed five working days.
Section 3
REGISTRATION OF GUARDIANSHIP
Article 19. Authority for Guardianship Registration and Termination of Guardianship
The People's Committee of the commune where the person under guardianship or the guardian resides shall carry out the guardianship registration.
The People's Committee of the commune where the guardianship was registered shall carry out the termination of guardianship registration.
Article 20. Guardianship Appointment Registration Procedure
1. The party requesting guardianship registration submits the guardianship registration application form as prescribed and the document appointing the guardian as provided for in the Civil Code to the household registration authority.
2. Within three working days from the date of receipt of all required documents as stipulated in Clause 1 of this Article, if the conditions are found to meet the legal requirements, the judicial officer - household registrar records the appointment in the Household Register and signs the Household Register together with the party applying for guardianship registration, and reports to the Chairman of the People's Committee of the commune to issue an extract for the applicant.
Article 21. Automatic Guardianship Registration
1. The party requesting guardianship registration submits the guardianship registration application form as prescribed and documents proving the conditions for automatic guardianship as provided for in the Civil Code to the household registration authority. In cases where multiple people are eligible to serve as automatic guardians, an additional agreement document regarding the appointment of one person as the automatic guardian must be submitted.
2. The procedure for automatic guardianship registration is carried out according to the provisions of Clause 2 of Article 20 of this Law.
Article 22. Termination of Guardianship Registration
1. The party requesting termination of guardianship registration submits the termination of guardianship registration application form as prescribed and documents serving as the basis for terminating guardianship as provided for in the Civil Code to the household registration authority.
2. Within two working days from the date of receipt of all required documents as stipulated in Clause 1 of this Article, if the termination of guardianship meets the conditions set forth in the Civil Code, the judicial officer - household registrar records the termination of guardianship in the Household Register, signs the Household Register together with the party applying for termination of guardianship registration, and reports to the Chairman of the People's Committee of the commune to issue an extract for the applicant.
Article 23. Change of Guardianship Registration
In cases where there is a request to change the guardian as provided for in the Civil Code and another person is eligible to accept guardianship, the parties shall first complete the procedures for terminating the previous guardianship and registering a new guardianship according to the provisions of this Section.
Section 4
REGISTRATION OF ADOPTION OF PARENTS AND CHILDREN
Article 24. Authority for Adoption of Parents and Children Registration
The People's Committee of the commune where the adopter or the adopted parent or child resides shall carry out the adoption of parents and children registration.
Article 25. Adoption of Parents and Children Registration Procedure
1. The party requesting adoption of parents and children registration submits the application form as prescribed and evidence proving the parent-child relationship to the household registration authority. All parties must be present when registering the adoption of parents and children.
2. Within three working days from the date of receipt of all required documents as stipulated in Clause 1 of this Article, if the adoption of parents and children is found to be correct and there is no dispute, the judicial officer - household registrar records the adoption in the Household Register, signs the Household Register together with the party applying for adoption of parents and children, and reports to the Chairman of the People's Committee of the commune to issue an extract for the applicant.
In cases where verification is required, the deadline may be extended by no more than five working days.
Section 5
REGISTRATION OF CHANGES, CORRECTIONS, AND SUPPLEMENTS TO HOUSEHOLD REGISTRATION
Article 26. Scope of Changing Household Registration
1. Changing the family name, middle name, and given name of an individual in the registered birth declaration when there is a basis according to the provisions of civil law.
2. Changing information about the father and mother in the registered birth declaration after being adopted as a child according to the Adoption Law.
Article 27. Authority for Registering Changes, Corrections, and Supplementing Household Registration
The People's Committee of the commune where the household registration was previously registered or where the individual resides has the authority to resolve changes, corrections to household registration for individuals under 14 years old; supplementing household registration for Vietnamese citizens residing within the country.
Article 28. Procedures for Registering Changes, Corrections to Household Registration
1. The person requesting to register changes, corrections to household registration submits the application form as prescribed and related documents to the household registration agency.
2. Within three working days from the date of receiving all required documents as stipulated in Clause 1 of this Article, if it is found that the change or correction to household registration is based on grounds, consistent with the provisions of civil law and relevant laws, the judicial officer - household registration records the change or correction in the Household Register, signs together with the person requesting the change or correction to the Household Register, and reports to the Chairman of the People's Committee of the commune to issue an extract for the requestor.
In cases where the change or correction to household registration involves the Birth Declaration or Marriage Certificate, the judicial officer - household registration records the content of the change or correction in the Birth Declaration or Marriage Certificate.
If verification is necessary, the deadline may be extended by no more than three working days.
3. In cases where the change or correction to household registration is not at the place where the previous household registration was made, the People's Committee of the commune must notify in writing along with a copy of the household registration extract to the People's Committee where the previous household registration was made to record in the Household Register.
If the previous place of household registration was an Embassy, the People's Committee of the commune must notify in writing along with a copy of the household registration extract to the Ministry of Foreign Affairs to transfer to the Embassy for recording in the Household Register.
Article 29. Procedures for Supplementing Household Registration
1. The person requesting to supplement household registration submits the application form as prescribed and related documents to the household registration agency.
2. Immediately upon receipt of all required documents as stipulated in Clause 1 of this Article, if it is found that the request to supplement household registration is correct, the judicial officer - household registration records the content of the supplement in the corresponding section of the Household Register, signs together with the requestor, and reports to the Chairman of the People's Committee of the commune to issue an extract for the requestor.
In cases where the supplement is made to the Birth Declaration or Marriage Certificate, the judicial officer - household registration records the content of the supplement in the corresponding section and stamps the supplement content.
Chapter 6
RECORDING IN THE HOUSEHOLD REGISTER THE CHANGE OF HOUSEHOLD REGISTRATION
ACCORDING TO THE JUDGMENT, DECISION OF
THE STATE AUTHORITY WITH COMPETENT AUTHORITY
Article 30. Obligation to Report When There Is a Change in Household Registration
1. Within five working days from the date the judgment or decision becomes legally effective concerning the change in household registration of an individual as stipulated in Clause 2 of Article 3 of this Law, the People's Court or the state authority with competent authority shall have the responsibility to report in writing along with an extract of the judgment or a copy of the decision to the People's Committee where the individual's household registration was made to record in the Household Register; in cases where the place of household registration is an Embassy, the report is made to the Ministry of Foreign Affairs to transfer to the Embassy for recording in the Household Register.
2. In cases of changing nationality, the reporting shall be carried out in accordance with the provisions of the law on nationality.
Article 31. Procedure for Recording Changes to Household Registration Books Based on Court Rulings and Decisions of Competent State Agencies
Immediately upon receiving notification as prescribed in Article 30 of this Law, the judicial officer - household registration clerk shall record the change contents in the Household Registration Book based on court rulings and decisions of the People's Court or competent state agencies.
Section 7
REGISTRATION OF DEATH
Article 32. Authority to Register Death
The People's Committee of the commune where the deceased last resided shall carry out the death registration. In cases where the deceased's last place of residence cannot be determined, the People's Committee of the commune where the deceased died or where the body was found shall carry out the death registration.
Article 33. Time Limit and Responsibility for Death Registration
1. Within fifteen days from the date of death, the spouse, children, parents, or other close relatives of the deceased shall be responsible for registering the death; if the deceased has no close relatives, then the representative of the relevant agency, organization, or individual shall be responsible for registering the death.
2. The judicial officer - household registration clerk shall regularly check and urge the registration of deaths; in cases where the person responsible for registering the death cannot be identified, the judicial officer - household registration clerk shall carry out the death registration.
Article 34. Procedure for registering death
1. The person responsible for registering the death shall submit the application form according to the prescribed model and the Death Notice or other documents substituting for the Death Notice to the household registration office.
2. Upon receipt of the documents as stipulated in Clause 1 of this Article, if the death registration is correct, the judicial officer - household registration clerk shall record the death information in the Household Registration Book, sign it together with the person registering the death, and report to the Chairman of the Commune People's Committee to issue an extract of the Household Registration Book to the person registering the death.
The judicial officer - household registration clerk shall lock the household registration information of the deceased in the electronic household registration database.
PART III
HOUSEHOLD REGISTRATION AT THE DISTRICT PEOPLE'S COMMITTEE
Section 1
BIRTH REGISTRATION
Article 35. Authority to Register Births
The People's Committee of the district where the father or mother resides shall register births for children in the following cases:
1. Children born in Vietnam:
a) One parent is a Vietnamese citizen while the other is a foreigner or stateless person;
b) One parent is a Vietnamese citizen residing in the country while the other is a Vietnamese citizen residing abroad;
c) Both parents are Vietnamese citizens residing abroad;
d) Both parents are foreigners or stateless persons;
2. Children born abroad who have not been registered for birth in Vietnam:
a) Both parents are Vietnamese citizens;
b) One parent is a Vietnamese citizen.
Article 36. Procedures for Birth Registration
1. The person registering the birth shall submit the documents as prescribed in Clause 1 of Article 16 of this Law to the household registration office. If both parents or one parent is a foreigner, they must also submit a written agreement between the parents regarding the selection of nationality for the child.
If the parents choose a foreign nationality for the child, the written agreement must be confirmed by the competent authority of the foreign country where the parent is a citizen.
2. Immediately upon receiving all the required documents as stipulated in Clause 1 of this Article, if the birth information is complete and appropriate, the household registration clerk shall record the birth information as prescribed in Article 14 of this Law in the Household Registration Book; if the child has a foreign nationality, the content specified in Point c Clause 1 of Article 14 of this Law shall not be recorded.
The household registration clerk and the person registering the birth shall sign the Household Registration Book. The Justice Office shall report to the Chairman of the District People's Committee to issue a Birth Certificate for the child registered for birth.
3. The Government shall specify the procedures for birth registration for the cases prescribed in Clause 2 of Article 35 of this Law.
Section 2
REGISTRATION OF MARRIAGE
Article 37. Authority to Register Marriages
1. The People's Committee of the district where a Vietnamese citizen resides shall register marriages between Vietnamese citizens and foreigners; between Vietnamese citizens residing in Vietnam and Vietnamese citizens residing abroad; between Vietnamese citizens residing abroad with each other; and between Vietnamese citizens who simultaneously hold foreign citizenship and Vietnamese citizens or foreigners.
2. In cases where a foreigner residing in Vietnam requests to register marriage in Vietnam, the People's Committee of the district where one of the two parties resides shall carry out the registration of the marriage.
Article 38. Procedures for Registering Marriages
1. Both male and female parties submit the application form as prescribed and a certificate from a competent health organization in Vietnam or abroad confirming that the person does not suffer from mental illness or another disease that renders them incapable of understanding or controlling their own behavior to the household registration authority.
Foreigners and Vietnamese citizens residing abroad must also submit additional documents proving their marital status, copies of passports or other documents equivalent to passports.
2. Within fifteen days from the date of receiving all required documents as stipulated in Clause 1 of this Article, the civil servant responsible for household registration shall verify the information, and if they find that the conditions for marriage as prescribed by law are met, the Legal Affairs Office shall report to the Chairman of the People's Committee of the district to resolve the matter.
3. When registering marriage, both male and female parties must be present at the People's Committee office, and the civil servant responsible for household registration shall ask the opinions of both parties. If the parties voluntarily agree to marry, the marriage shall be recorded in the Household Registration Book, and both parties shall sign the Household Registration Book. Both parties shall also sign the Marriage Certificate.
The Chairman of the People's Committee of the district shall issue the Marriage Certificate to both male and female parties.
4. The Government shall provide supplementary regulations on the documents in the marriage registration dossier, the interview and verification of the purpose of marriage when handling marriage registration requests; procedures for issuing certificates of marital status for Vietnamese citizens to marry foreigners at competent authorities abroad to ensure the legitimate rights and interests of the parties.
Section 3
REGISTRATION OF GUARDIANSHIP
Article 39. Authority to Register Guardianship and Termination of Guardianship
The People's Committee of the district where the ward or guardian resides shall register guardianship between Vietnamese citizens and foreigners residing in Vietnam.
The People's Committee of the district where the guardianship was registered shall register the termination of guardianship.
Article 40. Procedures for Registering Guardianship
1. The party requesting to register guardianship submits the application form as prescribed and the document appointing the guardian as provided for in the Civil Code to the household registration authority.
2. Within five working days from the date of receiving all required documents as stipulated in Clause 1 of this Article, the civil servant responsible for household registration shall verify the information, and if they find that the conditions as prescribed by law are met, they shall record it in the Household Registration Book and sign it together with the party applying for guardianship. The Legal Affairs Office shall report to the Chairman of the People's Committee of the district to issue an extract for the requesting party.
Article 41. Automatic Registration of Guardianship
The procedures for automatically registering guardianship between Vietnamese citizens and foreigners residing in Vietnam shall be applied according to the provisions of Article 21 of this Law.
Article 42. Procedures for registering termination or change of guardianship
The procedures for registering termination or change of guardianship between Vietnamese citizens and foreigners shall be applied in accordance with Articles 22 and 23 of this Law.
Section 4
REGISTRATION OF ADOPTION OF PARENTS AND CHILDREN
Article 43. Competence to register acknowledgment of parentage and filiation
The People's Committee of the district where the person to be acknowledged as parent or child resides shall implement the registration of acknowledgment of parentage and filiation between Vietnamese citizens and foreigners; between Vietnamese citizens residing in Vietnam and Vietnamese citizens residing abroad; between Vietnamese citizens residing abroad with each other; between Vietnamese citizens who simultaneously hold foreign citizenship and Vietnamese citizens or foreigners; and between foreigners with each other if one or both parties are habitually resident in Vietnam.
Article 44. Procedures for registering acknowledgment of parentage and filiation
1. The person requesting the registration of acknowledgment of parentage and filiation shall submit the application form as prescribed and relevant documents, objects, or other evidence to prove the parent-child relationship to the civil status registration authority. In cases of registration of acknowledgment of parentage and filiation between Vietnamese citizens and foreigners or between foreigners, the foreigner must also submit a copy of their passport or other document equivalent to a passport to prove their identity.
2. Within fifteen days from the date of receipt of all required documents as stipulated in Clause 1 of this Article, the civil status registrar shall verify and post the notice of acknowledgment of parentage and filiation at the People's Committee of the district for seven consecutive days, and simultaneously send a letter requesting the People's Committee of the commune where the person to be acknowledged as parent or child is habitually resident to post the notice for seven consecutive days at the commune office.
3. The Legal Affairs Office shall report and propose the Chairman of the People's Committee of the district to decide on the registration of acknowledgment of parentage and filiation if they find that the conditions are met; the Chairman of the People's Committee of the district shall then proceed to resolve the matter.
4. When registering acknowledgment of parentage and filiation, all parties involved must be present; the civil status registrar shall record the event in the Civil Status Register, and all parties shall sign the Civil Status Register. The Chairman of the People's Committee of the district shall issue an extract to the parties.
Section 5
REGISTRATION OF CHANGE, CORRECTION,
SUPPLEMENTATION OF CIVIL STATUS, REDETERMINATION OF ETHNICITY
Article 45. Scope of Change in Civil Status
The scope of change in civil status is regulated in Article 26 of this Law.
Article 46. Competence to register change, correction, supplementation of civil status, and redetermination of ethnicity
1. The People's Committee of the district where the civil status was previously registered or where the foreigner resides has the authority to resolve matters concerning the correction and supplementation of civil status for foreigners who have registered their civil status with competent authorities in Vietnam.
2. The People's Committee of the district where Vietnamese citizens residing abroad previously registered their civil status has the authority to resolve matters concerning the change, correction, supplementation of civil status, and redetermination of ethnicity.
3. The People's Committee of the district where the civil status was previously registered or where the individual resides has the authority to resolve matters concerning the change and correction of civil status for Vietnamese citizens aged fourteen years or older residing in Vietnam; and redetermination of ethnicity.
Article 47. Procedures for registering change, correction, supplementation of civil status, and redetermination of ethnicity
1. The procedures for registering change and correction of civil status shall be applied in accordance with Article 28 of this Law.
In cases requiring redetermination of ethnicity, there must be documents serving as evidence in accordance with the law; the procedure shall be carried out in accordance with Article 28 of this Law.
2. The procedures for requesting supplementation of information in civil status shall be applied in accordance with Article 29 of this Law.
Chapter 6
RECORDING IN THE CIVIL STATUS REGISTER THE CIVIL STATUS
OF VIETNAMESE CITIZENS WHO HAVE BEEN RESOLVED
AT FOREIGN COMPETENT AUTHORITIES
Article 48. Competence to Record in the Household Register Matters of Civil Status of Vietnamese Citizens Already Resolved by Competent Authorities Abroad
1. The People's Committee of the district where the Vietnamese citizen resides shall record in the Household Register matters of birth registration; marriage; guardianship; acknowledgment of parentage and child; determination of parentage and child; adoption; and changes to civil status that have been resolved by competent authorities abroad.
2. The People's Committee of the district where the individual has registered their marriage or recorded a previous marriage shall record in the Household Register matters of divorce and annulment of marriage that the individual has carried out abroad.
3. The People's Committee of the district where the person responsible for death registration resides, as stipulated in Clause 1, Article 33 of this Law, shall record in the Household Register matters of death registration that have been resolved by competent authorities abroad.
Article 49. Procedures for Recording in the Household Register Matters of Birth Registration; Guardianship; Acknowledgment of Parentage and Child; Determination of Parentage and Child; Adoption; Changes to Civil Status; Death Registration
1. The person requesting recording in the Household Register matters of birth registration; guardianship; acknowledgment of parentage and child; determination of parentage and child; adoption; changes to civil status; and death registration shall submit the application form according to the prescribed model and certified copies of documents proving these matters have been resolved by competent authorities abroad to the civil status registration authority.
2. After receiving all required documents as stipulated in Clause 1 of this Article, the civil servant handling civil status work shall check, and if the request is appropriate, record it in the Household Register. The Legal Affairs Office shall report to the Chairman of the People's Committee of the district to issue an extract for the applicant.
In cases requiring verification, the processing time shall not exceed three working days.
Article 50. Procedures for Recording in the Household Register Matters of Marriage, Divorce, and Annulment of Marriage
1. The person requesting recording in the Household Register matters of marriage, divorce, and annulment of marriage shall submit the application form according to the prescribed model and certified copies of documents proving these matters have been resolved by competent authorities abroad to the civil status registration authority.
2. Within twelve days from the date of receipt of complete and valid files as stipulated in Clause 1 of this Article and meeting the conditions prescribed by law, the civil servant handling civil status work shall record it in the Household Register. The Legal Affairs Office shall report to the Chairman of the People's Committee of the district to issue an extract for the applicant.
3. The Government shall provide detailed regulations on the procedures, processes, and coordination timeframes among agencies implementing this provision.
Section 7
REGISTRATION OF DEATH
Article 51. Competence for Death Registration
1. The People's Committee of the district where the deceased last resided shall carry out the death registration for foreigners or Vietnamese citizens residing abroad who died in Vietnam.
2. In cases where the deceased's last place of residence cannot be determined as stipulated in Clause 1 of this Article, the People's Committee of the district where the deceased died or where the body was found shall carry out the death registration.
Article 52. Procedures for Death Registration
1. The person registering death shall submit the application form according to the prescribed model and the Death Notice or other documents substituting for the Death Notice to the civil status registration authority.
2. Immediately upon receiving all required documents as stipulated in Clause 1 of this Article, if the death registration is correct, the civil servant handling civil status work shall record it in the Household Register and sign the Household Register together with the person registering the death. The Legal Affairs Office shall report to the Chairman of the People's Committee of the district to issue an extract of the Household Register for the person registering the death.
In cases requiring verification, the processing time shall not exceed three working days.
3. After completing the death registration, the People's Committee of the district must notify in writing along with the extract of the Household Register to the Ministry of Foreign Affairs to inform the competent authority of the country where the deceased is a citizen.
In cases where the deceased is a Vietnamese citizen residing abroad, the civil servant handling civil status work shall lock the deceased's information in the Electronic Civil Status Database.
CHAPTER IV
REGISTRATION OF HOUSEHOLD STATUS AT DIPLOMATIC MISSIONS
Article 53. Registration of Household Records for Vietnamese Citizens Residing Abroad
1. The representative agency shall carry out household registration matters as prescribed in Article 3 of this Law for Vietnamese citizens residing abroad, provided that such registration does not contravene the laws of the receiving country and international treaties to which Vietnam is a party.
2. Based on the provisions of this Law, the Ministry of Foreign Affairs shall coordinate with the Ministry of Justice to provide guidance on the authority and procedures for household registration, and issuance of certified copies of household records for Vietnamese citizens residing abroad at the representative agency.
Article 54. Civil Servants Engaged in Household Registration Work at Representative Agencies
1. The representative agency shall appoint diplomatic and consular officials to perform household registration for Vietnamese citizens residing abroad.
2. Diplomatic and consular officials engaged in household registration work, in addition to meeting the conditions and standards for diplomatic and consular officials, must be trained in household registration before undertaking the task of registering household records.
Article 55. Establishment of Household Record Books at the Ministry of Foreign Affairs
The Ministry of Foreign Affairs shall establish Household Record Books to record, update fully, and manage uniformly the household information of Vietnamese citizens residing abroad who have registered at representative agencies, serving as the basis for issuing certified copies of household records.
Article 56. Reporting Obligations of Representative Agencies
After registering household records for Vietnamese citizens residing abroad, the representative agency shall have the responsibility to report in writing along with certified copies of household records to the Ministry of Foreign Affairs to enter into the Household Record Books and update into the Electronic Household Record Database.
CHAPTER V
HOUSEHOLD RECORD DATABASE, ISSUANCE OF CERTIFIED COPIES OF HOUSEHOLD RECORDS
Section 1
HOUSEHOLD RECORD DATABASE
Article 57. Household Record Database
1. The household record database is a national asset, storing all household information of individuals, serving as the basis for protecting their lawful rights and interests, and fulfilling requirements for information retrieval, management, and policy planning for economic and social development.
2. The household record database includes Household Record Books and the Electronic Household Record Database, serving as the basis for issuing certified copies of household records.
Article 58. Household Record Books
1. Household Record Books serve as the legal basis for establishing, updating, and adjusting household information of individuals in the Electronic Household Record Database.
Each type of household matter must be recorded in one book, pages must be stamped with a cross-stamp; Household Record Books must be permanently retained in accordance with the law.
2. The closing of Household Record Books shall be carried out on the last day of the year. When closing Household Record Books, the total number of pages and the total number of household events registered must be clearly noted; the head of the household registration agency signs and stamps.
Documents, objects, or other evidence submitted during household registration must be stored and preserved in accordance with the law on archives.
3. The household registration agency has the responsibility to store and preserve Household Record Books, documents, objects, or other evidence related to household registration.
Article 59. Electronic Household Record Database
1. The electronic household record database is established to retain, update, manage, and retrieve household information, serving online household registration requirements; it is connected to provide and exchange basic personal household information for the National Population Database.
2. The Government shall stipulate the coordination between ministries, ministerial-level agencies, and the responsibilities of People's Committees at all levels in managing and using the Electronic Household Record Database; procedures and steps for online household registration; and the connection, provision, and exchange of information between the Electronic Household Record Database and the National Population Database.
Article 60. Updating and Adjusting Personal Household Registration Information in the Electronic Household Registration Database
1. All household registration events of individuals registered in the Household Register must be promptly, fully, and accurately updated in the Electronic Household Registration Database. The household registration registration authority is responsible for all information on household registration updated in the Electronic Household Registration Database.
2. In cases where the information in the Electronic Household Registration Database differs from the information in the National Population Database, it must be adjusted to match the Household Register.
Article 61. Principles for Managing and Exploiting the Household Registration Database
1. The Household Registration Database shall be managed and secured to ensure safety; only authorized agencies, organizations, and individuals may access and exploit it in accordance with the law.
2. The managing agency of the Household Registration Database has the responsibility to ensure personal confidentiality in the Household Registration Database.
Section 2
ISSUING EXTRACTS FROM HOUSEHOLD REGISTRATION
Article 62. Issuing Original Extracts from Household Registration at the Time of Registration
1. When registering household registration, the household registration registration authority shall issue one original extract from household registration to the person requesting household registration, except for birth registration and marriage registration.
2. The original extract from household registration shall be certified as a copy.
Article 63. Issuing Copies of Extracts from Household Registration Regarding Registered Household Registration Events
Individuals not dependent on their place of residence have the right to request the managing agency of the Household Registration Database to issue copies of extracts from household registration regarding their registered household registration events.
Article 64. Procedures for Issuing Copies of Extracts from Household Registration
1. The person requesting a copy of an extract from household registration, either directly or through a representative, shall submit an application form according to the prescribed model to the managing agency of the Household Registration Database.
In cases where an authorized agency or organization requests a copy of an extract from household registration of an individual, they shall send a written request specifying the reason to the managing agency of the Household Registration Database.
2. Upon receiving the request, if the conditions are met, the managing agency of the Household Registration Database shall issue a copy of the extract from household registration to the requester.
Chapter VI
STATE MANAGEMENT RESPONSIBILITIES FOR HOUSEHOLD REGISTRATION AND PUBLIC SERVANTS ENGAGED IN HOUSEHOLD REGISTRATION WORK
STATE MANAGEMENT RESPONSIBILITIES FOR HOUSEHOLD REGISTRATION
Section 1
Article 65. Responsibilities of the Government
1. The Government shall uniformly manage state affairs concerning household registration. The Ministry of Justice assists the Government in implementing state management over household registration.
2. The content of state management over household registration includes:
a) Issuing or submitting to competent authorities for issuance of normative legal documents on household registration registration and management; organizing the implementation of laws on household registration;
b) Applying information technology in household registration registration and management; building and managing the Electronic Household Registration Database;
c) Inspecting, supervising, handling complaints and denunciations, and dealing with violations of laws on household registration registration and management;
d) Statistics on household registration;
đ) International cooperation on household registration.
Article 66. Responsibilities of the Ministry of Justice
The Ministry of Justice shall implement state management over household registration and have the following tasks and powers:
1. To stipulate, guide, direct, and train on the business of household registration registration and management for public servants engaged in household registration work within the country;
2. To issue, guide the use and management of the Household Register, Birth Certificate, Marriage Certificate, Extract from Household Registration, and other household registration forms; specify specific conditions and procedures for registering births, marriages, and mobile deaths;
3. To build and manage the Electronic Household Registration Database uniformly; guide and direct localities in managing and using software for household registration registration and management, the Electronic Household Registration Database, and provide basic household registration information of individuals to the National Population Database;
4. To annually compile the situation, analyze, evaluate, and statistically report on household registration to the Government.
4. On an annual basis, compile the situation, analyze, evaluate, and statistically report household registration to the Government.
Article 67. Responsibilities of the Ministry of Foreign Affairs
1. The Ministry of Foreign Affairs shall coordinate with the Ministry of Justice to manage household registration at diplomatic missions and have the following tasks and powers:
a) To stipulate, guide, direct, inspect, and audit the work of registering and managing household registration at diplomatic missions;
b) To organize training for diplomatic and consular officials on household registration;
c) To establish Household Registration Books to manage information on household registration of Vietnamese citizens registered at diplomatic missions;
d) To update, exploit the electronic household registration database, and issue certified copies of household registration records in accordance with regulations;
đ) To compile and statistically report on household registration of diplomatic missions to the Ministry of Justice as prescribed by the Government;
2. Diplomatic missions shall manage household registration of Vietnamese citizens residing abroad and have the following tasks and powers:
a) To implement household registration for Vietnamese citizens residing abroad in accordance with laws on household registration, consular laws, and relevant international treaties;
b) To allocate diplomatic and consular officials to perform the tasks of registering and managing household registration at diplomatic missions;
c) To manage and use Household Registration Books and household registration forms in accordance with regulations;
d) To manage, update, and exploit the electronic household registration database and issue certified copies of household registration records in accordance with regulations;
đ) To report to the Ministry of Foreign Affairs the contents of household registration to update the electronic household registration database;
e) To compile and statistically report on household registration to the Ministry of Foreign Affairs as prescribed;
g) To retain documents, objects, and other evidence related to household registration;
h) To resolve complaints, denunciations, and handle violations concerning household registration within their jurisdiction.
Diplomatic and consular officials engaged in household registration shall assist diplomatic missions in performing the tasks and powers stipulated in points a, c, d, đ, e, and g of Clause 2 of this Article.
Article 68. Responsibilities of the Ministry of Public Security
The Ministry of Public Security shall take the lead and coordinate with the Ministry of Justice, the Ministry of Foreign Affairs, and relevant ministries and sectors to perform the following tasks and powers:
1. To ensure connectivity between the national population database and the electronic household registration database in accordance with the law;
2. To ensure security and safety of information in the electronic household registration database;
3. To perform other tasks related to household registration work.
Article 69. Responsibilities of the People's Committees of Provinces and Central Cities
1. The People's Committee of provinces and centrally-administered cities (hereinafter referred to as the provincial People's Committee) shall manage household registration at the local level and have the following tasks and powers:
a) To guide and direct the organization of implementation of household registration and management work;
b) To organize propaganda and dissemination of laws on household registration;
c) Based on the Government's regulations, to decide on the allocation of civil servants for household registration work at district and commune levels; to ensure material bases to serve the activities of household registration and management;
d) To manage, update, and exploit the electronic household registration database in accordance with regulations;
đ) To inspect, audit, resolve complaints, denunciations, and handle violations of laws on household registration within their jurisdiction;
e) To revoke and cancel household registration documents issued by the People's Committee of districts contrary to the provisions of this Law, except in cases of illegal marriage;
g) To periodically organize training for civil servants engaged in household registration work;
h) To compile and statistically report on household registration to the Ministry of Justice as prescribed.
2. The Department of Justice shall assist the provincial People's Committee in performing the tasks and powers stipulated in points a, b, d, đ, g, and h of Clause 1 of this Article.
3. The Chairman of the provincial People's Committee shall be responsible for household registration and management work and any violations in such work due to lax management.
Article 70. Responsibilities of the People's Committee at the district level
1. The People's Committee at the district level shall implement state management over household registration in the locality and shall have the following tasks and powers:
a) Implement household registration in accordance with the provisions of this Law;
b) Direct and inspect household registration and management activities at the People's Committee at the commune level;
c) Organize propaganda and dissemination of legal regulations on household registration;
d) Manage and utilize Household Registration Books and household registration forms in accordance with the provisions;
đ) Based on the provisions of the People's Committee at the provincial level, arrange civil servants to perform household registration work;
e) Manage, update, and exploit the electronic household registration database and issue certified copies of household registration records in accordance with the provisions;
g) Inspect, check, resolve complaints and denunciations, and handle violations of the law on household registration within their authority;
h) Revoke and cancel household registration certificates issued by the People's Committee at the commune level in violation of this Law, except in cases of illegal marriage;
i) Summarize the situation and statistics on household registration and report to the People's Committee at the provincial level in accordance with the Government's regulations;
k) Store Household Registration Books and household registration application files.
2. The Justice Office assists the People's Committee at the district level in performing the tasks and powers stipulated in points a, b, c, d, e, g, i, and k of Clause 1 of this Article.
3. For administrative units at the district level without administrative units at the commune level, in addition to performing the tasks and powers related to household registration management of the People's Committee at the district level, they also perform the tasks and powers related to household registration management of the People's Committee at the commune level as prescribed in Article 71 of this Law.
4. The Chairman of the People's Committee at the district level is responsible for household registration and management work and any violations in such work due to lax management.
Article 71. Responsibilities of the People's Committee at the commune level
1. The People's Committee at the commune level shall implement state management over household registration in the locality and shall have the following tasks and powers:
a) Implement household registration in accordance with the provisions of this Law;
b) Based on the provisions of the higher-level People's Committee, arrange judicial-civil registration civil servants to carry out household registration;
c) Propagate and disseminate laws on household registration;
d) Manage and utilize Household Registration Books and household registration forms in accordance with the provisions;
đ) Manage, update, and exploit the electronic household registration database and issue certified copies of household registration records in accordance with the provisions;
e) Summarize the situation and statistics on household registration and report to the People's Committee at the district level in accordance with the Government's regulations;
g) Store Household Registration Books and household registration application files;
h) To resolve complaints, denunciations, and handle violations concerning household registration within their jurisdiction.
2. The Chairman of the People's Committee at the commune level shall regularly direct and urge the registration of births and deaths; be responsible for household registration and management work and any violations in such work due to lax management.
Judicial-civil registration civil servants assist the People's Committee at the commune level in performing the tasks and powers stipulated in points a, c, d, đ, e, and g of Clause 1 of this Article.
Section 2
STATE MANAGEMENT RESPONSIBILITIES FOR HOUSEHOLD REGISTRATION
Article 72. Civil Servants Engaged in Household Registration Work
1. Civil servants engaged in household registration work include judicial-civil registration civil servants at the commune level; civil servants engaged in household registration work at the Justice Office under the People's Committee at the district level; diplomatic and consular officials engaged in household registration work at representative offices.
2. Judicial-civil registration civil servants at the commune level must meet the following criteria:
a) Have a degree in law from a college level or higher and have been trained in household registration business;
b) Have clear handwriting and computer skills appropriate to job requirements.
Based on actual conditions regarding area size, population, and volume of judicial and household registration work in the locality, the Government shall specify the arrangement of judicial-civil registration civil servants to undertake specialized household registration work.
3. Civil servants engaged in household registration work at the Justice Office must have a bachelor's degree in law or higher and have been trained in household registration business.
4. Diplomatic and consular officials engaged in household registration work at representative offices have been trained in household registration business.
Article 73. Duties and Authorities of Civil Servants Engaged in Household Registration Work
1. In the field of household registration, civil servants of the judiciary - household registration at the commune level shall have the following duties and authorities:
a) Adhere to the provisions of this Law and other relevant laws concerning household registration;
b) Be responsible before the People's Committee of the commune and the law for household registration;
c) Promote, disseminate, and mobilize the people to comply with the regulations of the law on household registration;
d) Assist the People's Committee of the commune in registering household matters promptly, accurately, objectively, and truthfully; update all registered household events into the electronic household registration database;
đ) Proactively inspect and review to promptly register births, deaths occurring within their jurisdiction;
For scattered residential areas where travel conditions are difficult and far from the People's Committee office, the judiciary - household registration civil servant shall report to the People's Committee to organize mobile registration for birth, marriage, and death registrations;
e) Continuously improve legal knowledge to enhance capacity and skills in household registration; participate in specialized training courses organized by the People's Committee or higher judicial agencies;
g) Proactively report and propose to the same-level People's Committee to coordinate with agencies and organizations to verify information related to household registration; request agencies, organizations, and individuals to provide information for verification when registering household matters; cooperate with the same-level Public Security agency to provide basic household registration information for the National Population Database;
2. The provisions of Clause 1 of this Article also apply to civil servants engaged in household registration work at the Justice Office, diplomatic and consular officials engaged in household registration work at representative offices according to their assigned duties and authorities;
Article 74. Matters that Civil Servants Engaged in Household Registration Shall Not Perform
1. Abuse power, be rude, harass, delay, create difficulties, cause inconvenience, or accept bribes when registering or managing household registration;
2. Collect household registration fees higher than the prescribed rate or impose additional charges when registering household matters;
3. Establish procedures, documents, or intentionally extend the processing time for household registration contrary to the provisions of this Law;
4. Erase, alter, or distort the content of information in the household registration database;
5. Register or issue household registration documents contrary to the provisions of this Law;
6. Disclose personal confidential information obtained through household registration;
7. If civil servants engaged in household registration violate the provisions of this Article, they may be subject to disciplinary action or criminal responsibility depending on the nature and severity of the violation as stipulated by law;
CHAPTER VII
IMPLEMENTING PROVISIONS
Article 75. Validity of Household Registers Established and Household Documents Issued Before the Effective Date of This Law
1. Household registers stored before the effective date of this Law still have validity as evidence of individual household events, for searching, issuing extracts of household records, and issuing certificates of marital status;
2. Household documents issued to individuals according to the law on household registration before the effective date of this Law remain valid for use;
Article 76. Transitional Provisions
1. Household registration files accepted for processing before the effective date of this Law but not yet resolved shall continue to be processed according to the household registration law in effect at the time of acceptance;
2. The Government shall specify detailed procedures for re-registering births, deaths, and marriages that were registered before the effective date of this Law;
3. The Government shall direct the review, training, and improvement of household registration skills, ensuring a complete team of civil servants engaged in household registration to fulfill assigned duties and authorities under this Law; establish procedures for registering births and marriages; issue certificates of marital status for Vietnamese citizens; regulate the establishment, management, and use of household registers during the transitional period until the National Population Database is fully developed, and ensure uniform implementation nationwide by January 1, 2020, in accordance with this Law.
Article 77. Effectiveness
1. This Law shall take effect from January 1, 2016.
2. The Government and competent authorities shall specify details for the provisions assigned to them in this Law.
This Law was passed by the National Assembly of the Socialist Republic of Vietnam, the eighth session of the thirteenth term, on November 20, 2014./.
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SPEAKER OF THE NATIONAL ASSEMBLY Signed: Nguyen Sinh Hung |
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OFFICE PRESIDENT OF THE STATE No.: 32/SY-CPTCN |
TRUE COPY Hanoi, December 4, 2014 HEAD OF THE NATIONAL ASSEMBLY OFFICE DEPUTY HEAD IN CHARGE OF DAILY OPERATIONS (Signed) Giang Son |
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