Decree No. 83/1998/ND-CP on Household Registration

DECREE

Regarding household registration

________

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

To implement consistent state management of household registration, thereby facilitating individuals and organizations when registering for household registration;

At the proposal of the Minister of Justice,

DECREE:

Chapter I

GENERAL PROVISIONS

Article 1. Household Registration and Registration of Household Registration

Household registration consists of basic events determining the personal status of an individual from birth until death.

Registering household registration as prescribed in this Decree is the act of the competent state authority:

1. Confirming events: Birth; marriage; death; adoption; guardianship; acknowledgment of parentage; change of surname, given name, middle name; correction of surname, given name, middle name, date, month, year of birth; determination of nationality; late registration of birth, death; re-registration of births, deaths, marriages, adoptions;

2. Based on decisions of the competent state authority, recording in the household registration book matters concerning divorce, determination of parentage, change of citizenship, disappearance, loss of civil capacity, restriction of civil capacity, annulment of illegal marriage, restriction of rights of parents over minor children, or other events prescribed by law. Household registration documents issued by the competent state authority according to procedures stipulated in this Decree serve as evidence recognizing household registration events, giving rise to, changing, or terminating the rights and obligations of individuals and organizations.

Article 2Purpose of managing household registration Managing household registration is a regular task carried out by competent state authorities to monitor the current status and changes in household registration, aiming to protect the legitimate rights and interests of individuals and organizations, at the grassroots level for economic and social development, national defense and security, and population policy and family planning.

Article 3. Rights and obligations in household registration All household registration events must be registered with the competent state authority as prescribed in this Decree.

Individuals and organizations have the right and obligation to register for household registration. The competent state authority has the obligation to register for household registration as prescribed by the law on household registration and is responsible for creating conditions for individuals and organizations to exercise their rights and fulfill their obligations in registering for household registration.

Article 4. Principles of Registration, Inspection, and Handling Violations of Household Registration

The registration, inspection, and handling of violations of household registration must be promptly, objectively, and accurately implemented according to the provisions of this Decree and other laws on household registration.

Article 5. Registration and Management of Household Registration with Foreign Elements

The registration and management of household registration with foreign elements shall be carried out in accordance with the provisions of this Decree and other laws on household registration. In cases where international treaties to which the Socialist Republic of Vietnam is a party provide different provisions from those of this Decree and other laws on household registration, such treaties shall apply.

Article 6. Archiving of Household Registration Books

Household registration books are archived at two levels: one set kept at the People's Committee of communes, wards, towns (hereinafter referred to collectively as the People's Committee of communes) where the household registration is registered, and another set kept at the People's Committee of provinces, centrally governed cities (hereinafter referred to collectively as the People's Committee of provinces).

Article 7. Household Registration Fees

When registering for household registration, the competent state authority may collect fees. The amount of fee collection, exemptions, reductions, and usage regulations are stipulated by the Ministry of Finance and the Ministry of Justice.

Chapter II

HOUSEHOLD REGISTRATION MANAGEMENT

Article 8. Tasks and Authorities of the Ministry of Justice and the Ministry of Foreign Affairs in Managing Civil Status Records

1. The Ministry of Justice assists the Government in uniformly managing civil status records and has the following tasks and authorities:

a. Drafting legislative projects and ordinances on civil status records;

b. Submitting to the Government for issuance or issuing within its authority consolidated documents governing registration and management of civil status records;

c. Directing and guiding specialized professional activities related to civil status records;

d. Issuing, managing, and guiding uniform use of various types of registers and forms for civil status records;

đ. Statistics on civil status records;

e. Inspecting and supervising civil status record registration and management;

g. Resolving complaints and denunciations regarding civil status records within its authority;

h. Annually compiling the situation and reporting to the Government on civil status record work;

i. International cooperation on civil status records.

2. In civil status record registration and management, the Ministry of Foreign Affairs has the following tasks and authorities:

a. Coordinating with the Ministry of Justice in directing, guiding, inspecting, and organizing the implementation of civil status record registration and management for diplomatic agencies and consular offices abroad (hereinafter collectively referred to as diplomatic agencies and consular offices) in accordance with laws on civil status records;

b. Organizing professional training for staff engaged in civil status record work at Vietnamese diplomatic agencies and consular offices abroad;

c. Resolving complaints and denunciations regarding civil status records within its authority;

d. Compiling the situation and statistics on civil status records abroad and sending them to the Ministry of Justice every six months and annually.

Article 9. Tasks and Authorities of the People's Committee of the Province in Managing and Registering Civil Status Records

1. The People's Committee of the province uniformly manages civil status records in its locality and has the following tasks and authorities:

a. Directing, inspecting, and organizing the implementation of civil status record registration and management in accordance with this Decree for People's Committees at all levels in its locality;

b. Establishing a system for civil status record registration and management in its locality;

c. Organizing propaganda, dissemination, and mobilization of the people to comply with legal regulations on civil status records;

d. Organizing professional training for staff engaged in civil status record work of district-level People's Committees;

đ. Registering civil status events occurring in the locality for foreigners and overseas Vietnamese residents in accordance with legal regulations on civil status records;

e. Approving changes to family name, given name, middle name; correcting family name, given name, middle name, date of birth, and determining nationality;

g. Registering overdue civil status events within the authority of the provincial People's Committee;

h. Re-registering civil status events previously registered by the provincial People's Committee;

i. Issuing certified copies of civil status documents from original registers;

k. Compiling the situation and statistical data on civil status records and reporting to the Ministry of Justice every six months and annually;

l. Storing registers and files transferred from the People's Committee of the commune and registers and files registered at the provincial People's Committee;

n level;

m. Managing and using types of registers and forms for civil status records in accordance with the Ministry of Justice's regulations;

n. Resolving complaints and denunciations and handling violations related to civil status record registration and management within its authority.

2. The Department of Justice assists the People's Committee of the province in implementing the tasks and authorities stipulated in Clause 1 of this Article.

Article 10. Tasks and Authorities of the People's Committee at the District Level in Managing Civil Status Records

1. The People's Committee at the district level manages civil status records within its jurisdiction and has the following tasks and authorities:

a. Directing and inspecting the implementation of civil status registration and management work within its jurisdiction;

b. Organizing propaganda, dissemination, and mobilization to encourage citizens to comply with legal regulations on civil status;

c. Organizing training for civil status judicial officers within its jurisdiction;

d. Summarizing situations and reporting statistical data on civil status to the People's Committee at the provincial level every six months and annually;

đ. Managing the use of various types of civil status record books and forms in accordance with the provisions of the Ministry of Justice;

e. Resolving complaints and denunciations regarding civil status registration and management within its authority.

2. The Legal Affairs Office assists the People's Committee at the district level in performing the tasks and authorities stipulated in Clause 1 of this Article.

Article 11. Tasks and Authorities of the People's Committee at the Commune Level in Civil Status Registration and Management

1. In the field of managing civil status records, the People's Committee at the commune level has the following tasks and authorities:

a. Registering births; marriages; deaths; adoption; guardianship; acknowledgment of parentage and children; late birth registrations; re-registration of births, deaths, marriages, and adoptions;

b. Based on decisions of competent state agencies, recording civil status matters such as divorces, determination of parent-child relationships, changes in nationality, disappearance, loss of civil capacity, restriction of civil capacity, annulment of illegal marriages, and other civil status events prescribed by law in the civil status registration book;

c. Issuing certified copies of civil status documents from original records;

d. Propaganda, dissemination, and mobilization to encourage citizens to comply with legal regulations on civil status;

đ. Summarizing situations and reporting statistical data on civil status to the People's Committee at the district level every six months and annually;

e. Storing civil status record books and files;

g. Using various types of civil status record books and forms in accordance with the provisions of the Ministry of Justice;

h. Resolving complaints and denunciations and handling violations related to civil status registration and management within its authority.

2. Judicial civil status officers of the Legal Affairs Board are responsible for assisting the People's Committee at the commune level in performing the tasks and authorities stipulated in Clause 1 of this Article.

Article 12. Remuneration System for Judicial Civil Status Officers

At the People's Committee at the commune level, judicial civil status officers enjoy living allowances as prescribed in Decree No. 09/1998/ND-CP dated January 23, 1998, amending and supplementing Decree No. 50/CP dated July 26, 1995 of the Government on the living allowance system for commune, ward, and town officers.

Article 13. Qualifications for Judicial Civil Status Officers

Individuals meeting the following conditions may be assigned as judicial civil status officers:

1. Vietnamese citizen;

2. Possess full capacity for civil acts;

3. Having good moral character;

4. Have completed secondary school or higher education;

5. Demonstrate a sense of responsibility in their work;

6. Have clear handwriting;

7. Receive training in civil status procedures.

Article 14. Situations Where Assignment as a Judicial Civil Status Officer is Not Permitted

Judicial civil status officers shall not be assigned to perform civil status work in the following cases:

1. Failure to complete assigned tasks;

2. Lack of conditions to perform tasks;

3. Violation of regulations on civil status registration and management or other legal violations.

Article 15. Duties and Authorities of Judicial Civil Status Officers

Judicial civil status officers assist the People's Committee at the commune level in performing the following duties and authorities:

1. Accepting files, verifying, checking, and proposing to the Chairman of the People's Committee at the commune level for consideration and decision on civil status registration according to this Decree and other legal provisions on civil status. When registering, all contents must be fully and accurately recorded in the books and forms prescribed for civil status;

2. Regularly inspecting and promptly registering civil status events occurring in their locality. For areas where residents are still influenced by customs and traditions, and have extremely difficult travel conditions, judicial civil status officers must have regular schedules to visit households to register newly occurred civil status events;

3. Cooperating with relevant agencies in accurately reporting and statistically compiling civil status data on a six-month and annual basis;

4. Popularizing and mobilizing citizens to comply with legal regulations on civil status;

5. Using civil status forms as prescribed by the Ministry of Justice;

6. Storing books and files related to civil status.

Article 16. Duties and Authorities of Diplomatic Missions and Consular Offices of Vietnam Abroad in the Field of Civil Status Registration and Management

1. In civil status registration and management, Diplomatic Missions and Consular Offices of Vietnam abroad have the following duties and authorities: 1. Registering births; marriages; deaths; adoption; guardianship; acknowledgment of parentage; correction of surname, given name, middle name, date, month, year of birth; late registration of births, deaths, marriages, adoptions (for civil status events previously registered at Diplomatic Missions and Consular Offices) for Vietnamese citizens abroad;

2. Based on decisions of competent state agencies, recording in the civil status registry matters concerning divorce, determination of parent-child relationships, change of nationality, disappearance, loss of capacity to act, restriction of civil acts, annulment of illegal marriages, restriction of parental rights over minor children, and other events prescribed by law;

3. Re-registering civil status events that occurred abroad and were registered by competent authorities of the host country upon request of the parties involved;

4. Issuing certified copies of civil status documents from original records;

5. Storing civil status files and records;

6. Summarizing situations and reporting statistical data on civil status to the Ministry of Foreign Affairs on a six-month and annual basis;

7. Using types of civil status records and forms as prescribed by the Ministry of Justice;

8. Resolving complaints, accusations, and handling violations related to civil status registration and management within their authority.

Diplomatic Missions and Consular Offices of Vietnam abroad appoint dedicated staff to perform duties and authorities related to civil status registration and management abroad.

Chapter III

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

Section 1

BIRTH REGISTRATION

Article 17. Authority for Birth Registration

1. Birth registration shall be conducted at the People's Committee at the commune level where the mother has permanent residence registration, or where the child was born.

2. In cases where the mother resides permanently in one place but registers the birth of her child in another place, the People's Committee at the commune level where the registration takes place must send a notification along with a copy of the Birth Certificate to the People's Committee at the commune level where the mother has permanent residence registration to record in the Birth Registry. The People's Committee at the commune level where the registration takes place must establish a separate Birth Registry for such cases, not including them in the local statistics of newborns.

3. In cases where the mother does not have permanent residence registration, has transferred her household registration from her previous place of permanent residence but has not yet completed the necessary procedures and conditions to obtain permanent residence registration at her current place of residence, the registration for the child shall be conducted at the People's Committee at the commune level where the mother has temporary residence registration with a specified duration.

Article 18. Time limit for registering birth

Within thirty days from the date of birth of the child, the father, mother, or close relative, or person responsible must register the birth of the child; for mountainous areas, remote areas, and far-flung regions, the above time limit shall not exceed sixty days.

Article 19. Procedures for registering birth

1. The person registering the birth shall submit the Birth Certificate issued by the healthcare facility where the child was born and present the following documents:

a. Marriage certificate of the parents of the child (if available);

b. Household registration book or Temporary Residence Registration Certificate of the mother;

c. Identity card of the person registering the birth.

In case the aforementioned documents are not available, valid substitute documents must be provided.

If the child is born outside a healthcare facility, the Birth Certificate shall be replaced by a confirmation document from a witness or the person in charge of the transportation means if the child is born on such means.

Upon submission of valid documents, the Chairman of the People's Committee of the commune shall sign and issue immediately a copy of the Birth Registration Certificate to the child. The registrar shall record the information in the Birth Registration Book. Copies and the number of copies of the Birth Registration Certificate shall be issued according to the request of the person registering the birth.

2. In cases of registering births out of wedlock, the sections regarding the father and mother shall remain blank in the Birth Registration Certificate and in the Birth Registration Book until they are identified. If someone acknowledges the child as their own, based on the Decision recognizing the acknowledgment of paternity/maternity issued by the competent state agency, the name of the person recognized as the father/mother shall be recorded in the sections regarding the father and mother in the Birth Registration Certificate and in the Birth Registration Book of the child.

3. The witness must meet the following conditions:

a. At least eighteen years old, with full civil capacity and legal capacity;

b. Knowledge of the matter related to the witnessing;

c. No interest or rights related to the matter being witnessed.

The witness shall bear legal responsibility for the contents of their testimony.

Documents obtained through false testimony shall be revoked.

The conditions for witnesses stipulated in Clause 3 of this Article shall apply to all cases of household registration that require a witness under this Decree.

Article 20. Registering birth for children who survive for at least twenty-four hours before dying

Children who survive for at least twenty-four hours before dying must be registered for birth in accordance with this Decree. If the child dies before birth (stillbirth) or survives less than twenty-four hours after birth, there is no need to register the birth.

Article 21. Registering birth for abandoned newborns

The person discovering an abandoned child has the responsibility to protect the child and immediately report to the People's Committee of the commune or the nearest police station to establish a record confirming the status of the abandoned newborn. The People's Committee shall find individuals or organizations willing to foster the child.

The People's Committee of the commune or the nearest police station where the abandoned newborn is found must announce on mass media to seek the biological parents of the child. Within thirty days from the discovery of the abandoned newborn, if the biological parents cannot be found, the individual or organization fostering the child must register the birth at the People's Committee of the commune where the record was established.

When registering the birth of the child, the person registering the birth must submit the record confirming the status of the abandoned newborn and present the household registration book or valid substitute documents.

When registering the birth of an abandoned newborn, if there is no basis to determine the date and place of birth, the date of discovery of the abandoned child shall be considered the date of birth, and the place of birth shall be the location where the record confirming the status of the abandoned child was established. The sections regarding the father and mother in the Birth Registration Certificate and in the Birth Registration Book shall remain blank. In cases where someone adopts the child, based on the Decision recognizing the adoption issued by the People's Committee of the commune, the registrar shall record the name of the person recognized as the adoptive parent in the sections regarding the father and mother in the Birth Registration Certificate of the adopted child, but the note section in the Birth Registration Book must clearly state "adoptive parent." This content must be strictly confidential, only authorized persons have the right to access and use this information.

Section 2

REGISTRATION OF MARRIAGE

Article 22. Authority to Register Marriage

The People's Committee of the commune where either the male or female party resides shall carry out the marriage registration.

Article 23. Procedures for Marriage Registration

When registering a marriage, both male and female parties must be present, submit the marriage registration form, and present the following documents:

1. Birth certificate of each party;

2. Household register of the male or female party's family at the place of marriage registration.

In cases where the above documents are not available, valid substitute documents must be provided.

In cases where there is suspicion that one or both male and female parties suffer from mental illness and lack the capacity to understand their actions, or are suffering from sexually transmitted diseases, a health examination certificate issued by the Health Department of the district must be presented.

The marriage registration form must have confirmation from the workplace authority or unit (for civil servants, public officials, workers, and people's armed forces) or from the People's Committee of the commune where the party resides (for civilians) regarding the marital status of each party. Such confirmation is valid for no more than 30 days. If one or both parties have previously been married but have divorced or if the other spouse has died, then a copy of the court judgment or decision on divorce that has taken legal effect or a copy of the Death Certificate must be submitted.

In cases where one of the two parties cannot personally submit the application due to legitimate reasons, they may send a request for absent submission to the People's Committee responsible for marriage registration, stating the reason for absence and having it confirmed by the People's Committee of the commune where the party resides.

Couples who have divorced and wish to remarry each other must also register their marriage according to the procedures stipulated herein.

Article 24. Time Limit for Marriage Registration

Upon receiving complete and valid applications, the People's Committee of the commune must verify the marriage conditions and publicly announce the marriage registration application at its office within seven days. If further verification is required, the time limit may be extended by no more than seven days.

After the aforementioned period, if it is determined that both male and female parties meet the marriage conditions prescribed by the law on marriage and family and there are no complaints or accusations regarding the marriage, the People's Committee of the commune must inform both parties about the date of registration.

Seven days after the announcement, if neither party comes to register the marriage without legitimate reasons, the People's Committee will cancel the registration application and notify the parties concerned.

Article 25. Marriage Registration Ceremony

The marriage registration ceremony is solemnly organized at the People's Committee of the commune where the registration takes place. For mountainous areas, remote regions, or places with extremely difficult travel conditions, the ceremony may be held in the village or hamlet.

At the marriage registration ceremony, both male and female parties must be present. A representative of the People's Committee of the commune will ask for their final consent. If both parties still agree to marry, the registrar will invite them to sign the Marriage Certificate and the Marriage Registration Book. The Chairman of the People's Committee of the commune will sign and hand over a certified copy of the Marriage Certificate to each party, explaining their rights and obligations under the law on marriage and family. Copies of the Marriage Certificate will be issued upon request of the parties.

Article 26. Refusal to Register Marriage

In cases where one party or both parties do not meet the conditions for marriage as stipulated by the Law on Marriage and Family, within seven days, the People's Committee of the commune shall invite both male and female parties to the People's Committee to notify the refusal to register and the reasons for refusal must be clearly recorded in writing.

Section 3

REGISTRATION OF DEATH

Article 27. Authority to Register Death

1. The People's Committee of the commune where the deceased resided shall carry out the registration of death. In cases where the place of residence of the deceased cannot be determined, the People's Committee of the commune where the deceased died shall carry out the registration of death.

2. The registration of death for military personnel performing their military service shall be carried out at the People's Committee of the commune where they resided before going to perform their military service.

3. The registration of death for officers of the armed forces, professional soldiers, defense industry workers, and public security personnel shall be carried out at the People's Committee of the commune where the deceased resided.

4. For the registration of death of persons who died while in temporary detention or custody, the person in charge of the temporary detention or custody facility shall have the responsibility to notify the place of residence of the deceased prior to being detained or held in custody for the purpose of registering the death.

5. The registration of death for persons who died during the execution of a prison sentence, those who died due to execution of a death penalty, or those who died at an educational institution or reformatory shall be carried out at the People's Committee of the commune where the deceased was detained.

Article 28. Time Limit for Registration of Death

When a person dies at home or when a death certificate is received, the relatives of the deceased must go to register the death. If the deceased has no relatives, then the homeowner or the responsible person of the agency, unit, or organization where the deceased died shall go to register the death.

In urban areas, towns, and townships, the time limit for registering death is forty-eight hours from the time of death.

In rural areas, mountainous regions, remote areas, and far-flung areas, this time limit shall not exceed fifteen days.

Article 29. Registration of Death for Children Who Were Born Alive but Died Soon After Birth

If a child lives for twenty-four hours or more after birth and then dies, both birth registration and death registration must be conducted. If the child dies before birth (stillbirth) or is born dead, there is no need to register the death.

Article 30. Registration of Death in Cases Where There Are Doubts About the Cause of Death or Death Due to Epidemic Disease

1. The People's Committee of the commune shall only register the death and issue a Burial Permit after receiving a written determination of the cause of death from the competent police authority in the following cases:

a. Sudden death with unclear cause;

b. Death due to accident;

c. Death due to murder, suicide, or suspected murder, forced suicide;

d. The deceased's whereabouts are unknown;

e. Other cases prescribed by law.

The person discovering a suspicious death must immediately report it to the nearest police station. The police station must immediately report to the higher-level competent police authority. Upon receiving the report, the competent police authority must issue a written determination of the cause of death for the People's Committee of the commune to conduct the registration of death.

2. In cases of death due to epidemic disease, the People's Committee of the commune shall only register the death and issue a Burial Permit after receiving the opinion of the competent health authority.

Article 31. Registration of Death for Persons Whose Fate Is Unknown

The person who discovers a deceased individual whose fate is unknown must immediately report to the People's Committee of the commune or the local police station where the deceased was found to establish a record confirming the status of the deceased whose fate is unknown. The record must bear the signatures of the person who discovered the deceased, a representative of the local police station, a representative of the People's Committee, and two witnesses.

The People's Committee of the commune or the local police station where the deceased was found must announce on mass media to seek relatives of the deceased. Within 72 hours from the time of discovery of the deceased, if no relatives are found and permission from the competent authority is obtained, then the People's Committee of the commune where the deceased was found must carry out the registration of death, burial, and retention of images, traces, and belongings of the deceased.

Article 32. Registration of Death for Persons Declared Deceased by the Court

1. The registration of death for persons declared deceased by the court shall be carried out when the court decision has taken legal effect. The person requesting the court to declare someone as deceased must carry out the registration of death.

2. When a person declared deceased by the court has been registered as deceased, but now returns or there is verified information that the person is still alive, then the People's Committee of the commune where the death was registered shall, based on the court's decision to revoke the declaration of death, strike the name of the person from the death registration book.

Article 33. Issuance of Death Certificate

1. Authority to issue Death Certificates:

a. For individuals who die in hospitals or other healthcare facilities, the head of the department or the person in charge of the facility issues the Death Certificate;

b. For individuals who die on transportation means, the commander or driver must establish a record confirming the death, with the signature confirmation of at least two passengers traveling on the same transportation means. Upon arrival at the first stop for each type of transportation means, the commander or driver hands over the record confirming the death to the person in charge of the stop, who is responsible for delivering it to the People's Committee of the commune or the local police station nearest to the place of death to process the issuance of the Death Certificate;

c. For individuals who die while performing military service duties, the competent authority within the military of the individual issues the Death Certificate;

d. For individuals who reside in one place but die in another place outside healthcare facilities, the People's Committee of the commune where the individual died issues the Death Certificate;

đ. For individuals who die in detention stations, the warden of the detention center issues the Death Certificate;

e. For individuals executed by capital punishment, the execution agency issues the Death Certificate;

g. In cases where a person is declared deceased by the court, the court's decision declaring death serves as the Death Certificate;

h. In cases where there is suspicion about the cause of death or death due to epidemic disease, the document determining the cause of death issued by the police or the opinion of the competent health authority serves as the Death Certificate.

The agency issuing the Death Certificate is responsible for sending the Death Certificate to the People's Committee of the commune where the deceased last resided to process the registration of death.

2. For individuals who die at home in their place of residence, a Death Certificate is not required, only the registration of death is performed.

Article 34. Procedure for registering death

The person registering the death must submit the Death Notification Certificate and present the following documents:

1. Family household registration book of the deceased;

2. Identity card of the person registering the death.

In case the aforementioned documents are not available, valid substitute documents must be provided.

If all required documents are complete and valid, the Chairman of the People's Committee of the commune shall immediately issue a certified copy of the Death Certificate and Burial Permit to the person registering the death. Copies of the Death Certificate will be issued according to the request of the person registering the death.

In cases where a person resides in one place but dies in another place without the possibility of burial at the place of residence, the People's Committee of the commune where the person died shall be responsible for issuing the Burial Permit.

In cases of registering the death of a person whose whereabouts are unknown, if there is no basis to determine the date and place of death, the date of discovery of the death shall be considered the date of death, and the place of death shall be the place where the record was made. The cause of death shall be recorded according to the determination of the cause of death by the Public Security agency. The remaining parts of the Death Certificate and the Register of Deaths shall be left blank. The note section in the Register of Deaths must clearly state "deceased with unknown whereabouts" and accurately record the location where the deceased was buried.

Section 4

REGISTRATION OF ADOPTION

Article 35. Authority for registering adoption

The People's Committee of the commune where the person applying to adopt a child resides, or where the person being adopted resides, shall carry out the registration of adoption.

Article 36. Procedure for registering adoption

The person applying to adopt a child must submit an application for adoption, a consent form from the biological parents, guardian, medical facility, or care institution agreeing to the adoption of the child, and present the following documents:

1. Birth certificate of the person adopting the child;

2. Identity card of the person adopting the child;

3. Family household registration book of the person adopting the child or of the person being adopted at the place of adoption registration;

4. Birth certificate of the person being adopted. In cases where the child has not been registered for birth, the birth registration must be completed before the adoption registration;

5. If the person being adopted is nine years old or older, then their consent must be obtained.

In cases where the required documents specified in points 1, 2, and 3 above are not available, substitute documents must be provided.

The application for adoption must have confirmation from the workplace authority or unit of the person adopting (for civil servants, employees, or members of the people's armed forces), or from the People's Committee of the commune where the person adopting resides (for civilians) regarding the applicant's good moral character and other conditions necessary for adopting a child as stipulated by the Law on Marriage and Family. The application must include a commitment from the person applying for adoption to care for and educate the child. If the person adopting has a spouse, both signatures must be included on the application.

In cases where the adopted child is a war invalid, disabled person, or the person adopting is elderly, weak, and alone, the application must have confirmation from the People's Committee of the commune where the person adopting resides regarding these special circumstances.

The consent form from the biological parents, guardian, medical facility, or direct care institution agreeing to the adoption of the child must be confirmed by the People's Committee of the commune where the biological parents or guardian reside, or where the medical facility or direct care institution is located.

Article 37. Time limit for registering to adopt a child

Upon receiving complete and valid files, the People's Committee at the commune level must verify the application for adoption. In cases where the adopted child has an unclear origin, the People's Committee at the commune level must publicly post the adoption application at its office and simultaneously announce it through mass media within seven days. If additional verification is necessary, the time limit may be extended by no more than seven days.

After the aforementioned period, if the application for adoption meets the conditions stipulated by the Law on Marriage and Family and there are no complaints or accusations, the People's Committee at the commune level must notify both the giver and the taker of the child about the registration date.

Within seven days from the date of notification, if the giver, taker, and the child do not register for adoption without a legitimate reason, the People's Committee will cancel the registration application for adoption and inform the parties concerned. Subsequently, if the parties reapply for adoption registration, the registration procedures shall be carried out according to Article 36 of this Decree.

Article 38. Ceremony for handing over and taking in an adopted child

At the ceremony for handing over and taking in an adopted child, the giver, taker of the child, and the person seeking to be adopted must be present. The giver and taker of the child must sign the Adoption Registration Book and the Handover and Taking-in Record. The Chairman of the People's Committee at the commune level signs and provides each party with an original Decision Recognizing Adoption, explaining to the taker and the child their rights and obligations under the Law on Marriage and Family. Copies and the number of copies of the Decision Recognizing Adoption are provided upon request of both the giver and taker of the child.

Article 39. Refusal to Register Adoption

If the People's Committee at the commune level determines that the applicant for adoption does not meet the conditions for adoption as stipulated by the Law on Marriage and Family, within seven days, they must invite both the giver and taker of the child to the People's Committee to inform them of the refusal to register, and the reasons for refusal must be clearly recorded in writing.

Article 40. Note on Terminating Adoption

Upon receipt of the Court's Decision terminating the adoption which has become legally effective, the People's Committee at the commune level where the adoption was registered must note this in the Adoption Registration Book.

Section 5

REGISTRATION OF GUARDIANSHIP

Article 41. Authority for Registering Guardianship

The People's Committee at the commune level where the guardian resides or where the agency or organization responsible for guardianship has its headquarters shall carry out the registration of guardianship.

Article 42. Automatic Registration of Guardianship

Individuals appointed as automatic guardians pursuant to Articles 70 and 71 of the Civil Code must register the guardianship at the People's Committee at the commune level where they reside. If those who can be appointed as automatic guardians agree to appoint one of them as the guardian, the appointee must present the agreement document when registering guardianship.

Article 43. Procedures for Appointing a Guardian

1. When registering the appointment of a guardian, the appointed guardian must submit the appointment document issued by an individual, agency, or organization appointing the guardian, the consent document for guardianship from the appointed guardian, and present the following documents:

a. Birth certificate of the guardian;

b. Household registration book of the guardian;

c. Identity card or power of attorney of the appointed guardian or the organization appointing the guardian.

In case the aforementioned documents are not available, valid substitute documents must be provided.

2. Within seven days from the date of receiving complete and valid files, if the appointment of the guardian meets the conditions stipulated by the law on guardianship, the People's Committee at the commune level shall register the appointment of the guardian.

When registering the appointment of a guardian, the appointer, the appointed guardian, and the person under guardianship must all be present. If one of them is absent due to a legitimate reason, they must provide a written authorization confirmed by the People's Committee at the commune level where they reside. The Chairman of the People's Committee at the commune level signs and issues an original Decision Recognizing Guardianship to each party, explaining to the guardian and the person under guardianship their respective rights and obligations. The registrar records the reasons for the appointment, specific rights and obligations of the appointed guardian, and the status of the property of the person under guardianship if they have personal assets in the Guardianship Registration Book. Copies and the number of copies of the Decision Recognizing Guardianship are provided upon request of the appointer and the appointee.

Article 44. Refusal to Register Guardianship

In cases where there are insufficient grounds for registering guardianship, within seven days from the date of receipt, the People's Committee of the commune shall invite the person applying for registration of guardianship to the People's Committee to notify the refusal to register and the reasons for refusal must be clearly recorded in writing.

Article 45. Registration of Changes and Termination of Guardianship

1. The People's Committee of the commune where the guardianship was registered shall carry out the registration of changes and termination of guardianship.

2. The change of guardian shall be carried out in accordance with the provisions of Article 80 of the Civil Code.

3. The termination of guardianship shall be carried out in accordance with the provisions of Article 82 of the Civil Code.

Article 46. Procedures for Registration of Changes and Termination of Guardianship

The person applying for changes or termination of guardianship must submit an application form, the Decision recognizing guardianship, and present the following documents:

1. Household registration book of the guardian or of the ward at the place where guardianship was previously registered;

2. Identity card of the guardian;

3. A record of the current financial status of the ward (if the Decision recognizing guardianship previously included information on the financial status of the ward), confirmed by the People's Committee of the commune where the ward's assets are located.

In cases where the required documents under points 1 and 2 above are not available, valid substitute documents must be provided.

Within seven days from the date of receiving complete and valid documents, if it is determined that the request for changing or terminating guardianship is reasonable and there is no dispute related to the ward's assets, the Chairman of the People's Committee of the commune shall sign and issue to the applicant a copy of the Decision recognizing the termination of guardianship. The civil registrar shall note this in the previously registered guardianship book, and recover the previously issued Decision recognizing guardianship. Copies and the number of copies of the Decision recognizing the termination of guardianship shall be issued according to the applicant's request.

In cases of changing guardianship, after terminating the previous guardianship relationship, the procedures for registering new guardianship shall be carried out in accordance with the provisions of Article 43 of this Decree.

Section 6

REGISTRATION OF ADOPTION OF PARENTS AND CHILDREN

Article 47. Authority to Register Adoption of Parents and Children

The People's Committee of the commune where the child resides shall recognize and register the adoption of parents and children if such adoption is voluntary and there is no dispute.

Article 48. Procedures for Registration of Parental Adoption of a Child

The person applying to adopt a child must submit an application form and present the following documents:

1. Birth certificate of the child;

2. Household registration book of the child;

3. Identity card of the person making the application;

4. Other necessary documents proving the parent-child relationship. In cases where the required documents under points 1, 2, and 3 above are not available, valid substitute documents must be provided.

The application for adopting a child must have the consent of the person currently raising the child. If the adopted child is nine years old or older, then the consent of the child is also required.

In cases where a person's life is threatened by illness or other causes, and they cannot personally go to the People's Committee of the commune to request recognition of another person as their child, the application may be replaced by a written statement confirmed by two witnesses regarding the person's wish to adopt a child. If the person has already submitted an application for adoption, then a close relative or a person authorized by them can handle the registration procedures for parental adoption of a child.

Article 49. Procedure for registering a child's acknowledgment of father or mother

The person requesting to acknowledge a father or mother must submit an application form and present the following documents:

1. Birth certificate of the person requesting to acknowledge a father or mother;

2. Household registration book of the person requesting to acknowledge a father or mother;

3. Other necessary documents proving the parent-child relationship. In cases where the documents specified in points 1 and 2 above are not available, substitute valid documents must be provided.

The application for acknowledging a father or mother must be agreed upon by the current father or mother and the person being acknowledged as a father or mother.

In cases where the person requesting to acknowledge a father or mother is under 15 years old, the application shall be written by the mother, father, or custodian if the child is 9 years old or older, then the consent of the child is required; if the child is 15 years old or older, the application must be written by the child themselves.

Article 50. Time limit for registering the acknowledgment of father or mother

Within seven days from the date of receiving complete and valid files, the People's Committee of the commune must conduct verification and publicly announce the request to acknowledge a father or mother at its office. If additional verification is needed, the time limit may be extended by no more than seven days.

After the aforementioned period, if it is determined that the request to acknowledge a father or mother meets the conditions stipulated by the Law on Marriage and Family and there are no objections, the People's Committee of the commune must notify all parties about the date of registering the acknowledgment of a father or mother.

When registering the acknowledgment of a father or mother, both the father, mother, and the person being acknowledged as a child must be present. The Chairman of the People's Committee of the commune signs and issues each party a copy of the Decision recognizing the acknowledgment of a father or mother, and the civil registrar records this in the Register of Acknowledgment of Father or Mother. Copies and the number of copies of the Decision recognizing the acknowledgment can be issued according to the request of the parties involved.

Article 51. Refusal to register the acknowledgment of father or mother

In cases where there is insufficient basis to recognize the acknowledgment of a father or mother, the People's Committee of the commune invites the person requesting to acknowledge a father or mother to the People's Committee to inform them of the refusal to register, and the reasons for refusal must be clearly stated in writing.

Section 7

REGISTRATION OF CHANGE OF SURNAME, NAME, AND MIDDLE NAME;

CORRECTION OF SURNAME, NAME, MIDDLE NAME, DATE OF BIRTH, MONTH,

YEAR OF BIRTH; RECONSTITUTION OF ETHNICITY

Article 52. Authority for registering changes to surname, name, middle name; correction of surname, name, middle name, date of birth, month, year of birth (hereinafter referred to collectively as changes and corrections to household registration); reconstitution of ethnicity registered in the original Birth Certificate.

The People's Committee of the province where the applicant resides or where the birth registration was originally made has the authority to approve changes to surname, name, middle name; corrections to surname, name, middle name, date of birth, month, year of birth (hereinafter referred to collectively as changes and corrections to household registration); and reconstitution of ethnicity registered in the original Birth Certificate.

Article 53. Procedure for registering changes and corrections to household registration, and reconstitution of ethnicity

1. The person requesting changes and corrections to household registration, or reconstitution of ethnicity must submit an application form and present the following documents:

a. Original Birth Certificate;

b. Household registration book of the applicant;

c. Identity card;

d. Other necessary documents proving compliance with the provisions of Article 29 of the Civil Code (for requests to change surname and name), and Article 30 of the Civil Code (for requests to reconstitute ethnicity).

In cases where the documents specified in points a, b, and c above are not available, substitute valid documents must be provided.

The application for changes and corrections to household registration, or reconstitution of ethnicity must clearly state the reasons and contents of the requested changes and corrections, and be confirmed by the People's Committee of the commune where the applicant resides. In cases where changes and corrections to household registration, or reconstitution of ethnicity are requested at the People's Committee of the commune other than the one where the birth registration was originally made, confirmation from the People's Committee of the commune where the birth registration was originally made is also required.

2. Changes and corrections to household registration for persons under 18 years old are carried out based on the application of their parents or legal guardians. For persons aged 9 years or older, the consent of the person concerned is required.

Within fifteen days from the date of receiving complete and valid files, if it is determined that the request for changes and corrections to household registration, or reconstitution of ethnicity does not contravene the provisions of the law, the Chairman of the People's Committee of the province signs and issues the applicant a copy of the Decision allowing changes and corrections to household registration, or reconstitution of ethnicity. Based on the Decision of the People's Committee of the province, the Department of Justice will record the details of the changes in the Register of Changes and Corrections to Household Registration and the original Birth Certificate of the applicant. The Department of Justice is responsible for sending a copy of the Decision allowing changes and corrections to household registration, or reconstitution of ethnicity to the police agency at the same level and the People's Committee of the commune where the birth registration was originally made to note the changes in the Register of Birth Registration of the applicant. Copies and the number of copies of the Decision are issued according to the request of the applicant.

Article 54. Refusal to Register Changes, Corrections to Household Registration, and Re-determination of Ethnicity

In cases where there is insufficient basis for registering changes, corrections to household registration, or re-determination of ethnicity, the Provincial People's Committee shall refuse to register and provide a clear explanation of the reasons in writing.

Article 55. Adjustment of Personal Documents After Permission to Change, Correct Household Registration, and Re-determine Ethnicity

The relevant agencies or organizations currently managing the personal files of the concerned party shall adjust the personal documents based on the decision allowing changes, corrections to household registration, and re-determination of ethnicity issued by the Provincial People's Committee and the original Birth Registration Certificate noting the changes.

Section 8

RECORDING OTHER HOUSEHOLD REGISTRATION CHANGES

Article 56. Content Recorded in the Book for Other Household Registration Changes

Other household registration changes include matters related to divorce, determination of parent-child relationships, change of nationality, disappearance, loss of civil capacity, restriction of civil capacity, annulment of illegal marriage, and restriction of parental rights over minor children.

Article 57. Authority to Record Other Household Registration Changes

The People's Committee where the household registration was registered shall record other household registration changes based on decisions that have taken legal effect from competent state agencies.

Article 58. Procedure for Recording Other Household Registration Changes

When issuing decisions related to other household registration changes, the competent state agency shall be responsible for sending a copy of the decision to the People's Committee where the household events were registered to record the contents of other household registration changes in the book.

In cases where a person has been declared missing, lost civil capacity, or restricted civil capacity by a court and recorded at the People's Committee, if there is a court decision revoking such declaration, the competent People's Committee authority shall note this revocation based on the decision.

Section 9

LATE REGISTRATION, RE-REGISTRATION

Article 59. Late Registration of Births and Deaths

1. Births and deaths not registered within the time limit prescribed in Articles 18 and 28 of this Decree must be registered through the late registration procedure.

2. If a person responsible for registering births and deaths fails to register within the time limit prescribed by this Decree without a valid reason, they may be subject to administrative penalties under the law.

Article 60. Authority for Late Registration of Births and Deaths

The People's Committee of the commune where the concerned party resides shall handle the late registration of births and deaths.

Article 61. Procedure for Late Registration of Births and Deaths

1. When registering a birth late, the concerned party must submit all required documents as stipulated in Article 19 of this Decree, along with an application for late birth registration, which must clearly state the reason for failing to register on time.

2. When registering a death late, the concerned party must submit all required documents as stipulated in Article 34 of this Decree, along with an application for late death registration, which must clearly state the reason for failing to register on time.

Article 62. Time Limit for Late Registration of Births and Deaths

Within seven days from the date of receiving complete and valid documents, if it is determined that the request for late registration is true, the Chairman of the Commune People's Committee shall sign and issue a Birth Registration Certificate or Death Certificate to the concerned party, and the judicial household registrar shall record the late registration in the respective registration books and note "Late Registration" in the "Remarks" column of both types of books. Copies and the number of copies of the Birth Registration Certificate or Death Certificate will be provided according to the request of the concerned party.

In cases requiring further verification, the deadline may be extended by up to seven days.

Article 63. Re-registration of Births, Deaths, Marriages, and Adoption

Births, deaths, marriages, and adoptions that have been registered but where the original certificates and registers have been lost or damaged and cannot be used shall be re-registered.

Article 64. Competence for Re-registration of Births, Deaths, Marriages, and Adoption

The People's Committee of the commune where the party resides or where the household registration was previously registered shall carry out the re-registration of births, deaths, marriages, and adoptions.

Article 65. Procedures for Re-registration of Births, Deaths, Marriages, and Adoption

The person requesting re-registration of births, deaths, marriages, and adoptions must submit an application form and present the following documents:

1. Family Household Register;

2. Identity Card;

3. Other necessary documents to prove that the event being re-registered is true.

In cases where the required documents under points 1 and 2 above are not available, valid substitute documents must be provided.

The application for re-registration must be confirmed by two witnesses.

In cases where the application for re-registration is made at the People's Committee that is not the place where the previous household registration was made, confirmation from the People's Committee of the commune where the previous household registration was made about the registration must be provided.

Article 66. Time Limit for Re-registration of Births, Deaths, Marriages, and Adoption

Within seven days from the date of receiving complete and valid files, if it is found that the request for re-registration is true, the Chairman of the People's Committee of the commune shall sign and issue to the party a new original Birth Registration Certificate, Death Registration Certificate, Marriage Registration Certificate, or Decision Recognizing Adoption, and the judicial household registrar shall record in the re-registration book according to each type of event and note "Re-registered" in the "notes" column of the aforementioned books. If additional verification is required, the time limit may be extended by no more than seven days.

When re-registering a marriage or adoption, the parties involved must be present at the ceremony for issuing the Marriage Registration Certificate or the Decision Recognizing Adoption.

Article 67. Refusal of Late Registration and Re-registration

In cases where there is insufficient basis to approve late registration or re-registration, the People's Committee of the commune shall refuse the registration and explain the reasons in writing.

Chapter VI

HOUSEHOLD REGISTRATION WITH FOREIGN ELEMENTS

Article 68. Competence for Birth Registration

1. The People's Committee of the province where the foreigner resides shall carry out birth registration for children born in Vietnam with both parents being foreigners, if they request it.

2. Birth registration for children born in Vietnam with one parent being a Vietnamese citizen residing in Vietnam and the other being a foreigner shall be carried out at the People's Committee of the province where the permanent residence of the Vietnamese parent is located. The time limit for birth registration shall be implemented as stipulated in Article 18 of this Decree.

Article 69. Procedures for Birth Registration

The person applying for birth registration must submit an application form, Birth Certificate, and present the following documents:

1. Marriage Certificate of the child's parents (if available);

2. Certificate of Permanent Residence or Temporary Residence of the foreigner in Vietnam;

3. Passport, Identity Card, or other valid substitute documents of the person registering the birth.

In cases of birth registration for children born in Vietnam with one parent being a Vietnamese citizen residing in Vietnam and the other being a foreigner, the documents specified in Clause 2 of this Article shall be replaced by the Family Household Register of the Vietnamese parent.

In cases of birth registration for illegitimate children, if there is someone who recognizes themselves as the father or mother of the child, then the Department of Justice shall base on the Decision Recognizing Illegitimate Parentage issued by the competent state agency to enter the name of the recognized parent into the section on parents in the Birth Registration Certificate and the Birth Registration Book of the child.

Article 70. Time Limit for Birth Registration

Within seven days from the date of receiving complete valid application files, the Chairman of the Provincial People's Committee shall sign and issue an original Birth Certificate to the child. The Department of Justice shall record this in the Birth Registration Book. Copies and the number of copies of the Birth Certificate will be issued upon request of the person registering the birth.

In cases requiring additional verification, the time limit may be extended but not exceeding seven days.

Article 71. Authority for Death Registration

The Provincial People's Committee where the deceased foreigner resides shall carry out the death registration.

Article 72. Procedures for Death Registration

The person registering the death must submit an application form, a Death Notice, and present the following documents:

1. A certificate of permanent or temporary residence in Vietnam of the deceased;

2. Passport, Identity Card, or other valid identification of the person registering the death.

Article 73. Time Limit for Death Registration

Within seven days from the date of receiving complete valid application files, the Chairman of the Provincial People's Committee shall sign and issue an original Death Certificate to the person registering the death. The Department of Justice shall record this in the Death Registration Book and send a copy of the Death Certificate through diplomatic channels to the diplomatic agency or consulate in Vietnam of the country of which the deceased was a citizen (if applicable). Copies and the number of copies of the Death Certificate will be issued upon request of the person registering the death.

For the death registration of foreigners in cases specified in Article 30 of this Decree, it can only be carried out after obtaining a confirmation of death from the police authority or the provincial health authority.

Article 74. Birth and Death Registration for Vietnamese Citizens Residing Abroad Male settle abroad

Birth and death registrations occurring in Vietnam for Vietnamese citizens residing abroad shall be conducted according to the provisions of Articles 68 to 73 of this Decree.

Article 75. Registration of Marriage, Adoption, Acknowledgment of Parentage, and Guardianship with Foreign Elements

The registration of marriage, adoption, acknowledgment of parentage, and guardianship between Vietnamese citizens and foreigners, and between Vietnamese citizens where one party resides abroad, shall be carried out in accordance with the laws on marriage and family relations involving foreign elements.

Article 76. Authority for Registration of Marriage Between Foreigners in Vietnam Male

The registration of marriage between foreigners in Vietnam, if requested, shall be carried out at the Provincial People's Committee where the foreigners reside.

Article 77. Procedures for Registration of Marriage Between Foreigners in Vietnam Male

Foreigners applying for marriage registration in Vietnam must comply with their respective countries' laws regarding marriage conditions and provide a certificate from the competent authority of their home country confirming permission to register the marriage with the competent authority in Vietnam. This certificate must be apostilled in accordance with Vietnamese law and translated into Vietnamese with a certification from a Notary Public.

Article 78. Time Limit for Registration of Marriage Between Foreigners in Vietnam Male

Within seven days from the date of receiving complete valid application files, the Chairman of the Provincial People's Committee shall sign the Marriage Certificate.

Within seven days from the date of signing the Marriage Certificate, the Department of Justice shall issue each party an original Marriage Certificate and record it in the Marriage Registration Book.

When issuing the Marriage Certificate, both male and female parties who are foreigners must be present to sign the Marriage Certificate and the Marriage Registration Book. Copies and the number of copies of the Marriage Certificate will be issued upon request of both parties.

Article 79. Competence for Registering Changes, Corrections to Household Registration, and Re-determination of Ethnicity for Overseas Vietnamese Nationals The People's Committee of the province where the Vietnamese national previously registered their birth shall carry out the registration of changes, corrections to household registration, and re-determination of ethnicity for overseas Vietnamese nationals.

Article 80. Procedures for Registering Changes, Corrections to Household Registration; Re-determination of Ethnicity for Vietnamese Nationals

The person requesting changes, corrections to household registration; re-determination of ethnicity must submit an application form and present the following documents: The People's Committee of the province where the Vietnamese national previously registered their birth shall carry out the registration of changes, corrections to household registration, and re-determination of ethnicity for overseas Vietnamese nationals.

1. Original Birth Certificate;

2. Passport, Identity Card, or other valid substitute documents;

3. Other necessary documents proving eligibility according to the provisions of Article 29 of the Civil Code (for cases requesting a change of surname or name), and Article 30 of the Civil Code (for cases requesting re-determination of ethnicity).

The application for changes, corrections to household registration; re-determination of ethnicity must clearly state the reasons and contents requested for change or correction, with confirmation from two witnesses.

Article 81. Time Limit for Registering Changes, Corrections to Household Registration; Re-determination of Ethnicity for Vietnamese Nationals

Within fifteen days from the date of receiving complete and valid files, if it is found that the request for changes, corrections to household registration, re-determination of ethnicity meets the conditions stipulated by law, then the Chairman of the Provincial People's Committee shall sign and issue to the applicant an original Decision allowing changes, corrections to household registration; re-determination of ethnicity. Based on the Decision of the Provincial People's Committee, the Department of Justice shall record the changes in detail in the Book of Registration of Changes, Corrections to Household Registration, the original Birth Certificate, and the Book of Birth Registration of the applicant. The People's Committee of the province where the Vietnamese national previously registered their birth shall carry out the registration of changes, corrections to household registration, and re-determination of ethnicity for overseas Vietnamese nationals.

Article 82. Use of Household Registration Documents Issued by Foreign Authorities for Vietnamese Citizens

1. Household registration documents issued by foreign authorities for Vietnamese citizens residing abroad, if used in Vietnam, must be legalized according to Vietnamese law and must be translated into Vietnamese, with certification by a Notary Public. Amending and supplementing Article 14 of Decree No. 183/CP dated November 18, 1994 of the Government detailing the implementation of the Ordinance on Representative Offices of the Socialist Republic of Vietnam Abroad to become the new Article 14 as follows:

2. In cases where Vietnamese citizens returning to the country have household registration documents issued by Vietnamese diplomatic missions, consular offices abroad, or by foreign authorities, these must be noted in the Book of Household Registration of the People's Committee of the commune where they reside permanently.

Article 83. Competence for Recording Changes to Household Registration Resulting from Marriage, Adoption, Divorce, and Termination of Adoption (hereinafter referred to as registering changes to household registration)

The People's Committee of the province where the Vietnamese citizen resides or where the household registration book of that person is stored shall carry out the recording of changes to household registration resulting from marriage, adoption, divorce, and termination of adoption previously registered before foreign competent authorities.

Article 84. Principles for Recognizing Changes to Household Registration

1. Marriage certificates, Decisions recognizing adoption issued by competent authorities of countries that have signed Mutual Legal Assistance Agreements with Vietnam, are considered grounds for recording changes to household registration.

Court judgments, Decisions for divorce, termination of adoption issued by courts of countries that have signed Mutual Legal Assistance Agreements with Vietnam, even without a request for recognition in Vietnam, are also considered grounds for recording changes to household registration.

2. For countries that have not signed Mutual Legal Assistance Agreements with Vietnam, the household registration documents mentioned in Clause 1 of this Article are only considered grounds for recording changes to household registration in Vietnam based on the principle of reciprocity.

21 ||| The Minister of Justice shall decide on the application of this principle in specific cases.

The Minister of Justice decides on the application of this principle for each specific case.

Article 85. Procedure for Recording Changes in Household Registration

1. The person requesting to record changes in household registration must submit a request letter to the Ministry of Justice. Accompanying the request letter, depending on each case, there must be:

a. Passport or other valid identification documents;

b. A copy of the Marriage Registration Certificate, the Decision recognizing adoption issued by the competent authority of a foreign country, or a copy of the Judgment or Decision of a foreign court ruling on divorce or termination of adoption.

These documents shall be prepared in two identical sets of files.

2. Within seven days from the date of receiving complete and valid files, the Ministry of Justice shall examine them, and if they meet the conditions, send a letter stating its opinion along with one set of files to the People's Committee of the province to carry out the recording in the register.

In cases where the conditions are not met, the Ministry of Justice shall return the files to the applicant and explain the reasons in writing.

3. Within seven days from the date of receiving the files and the letter from the Ministry of Justice, the People's Committee of the province shall carry out the recording of changes in household registration.

Article 86. Authority to Register Late Births and Deaths for Vietnamese Nationals The People's Committee of the province where the Vietnamese national previously registered their birth shall carry out the registration of changes, corrections to household registration, and re-determination of ethnicity for overseas Vietnamese nationals.

The People's Committee of the province where the birth or death of a Vietnamese national residing abroad occurred shall carry out the late registration of births and deaths.

Article 87. Procedure for Registering Late Births and Deaths for Vietnamese Nationals The People's Committee of the province where the Vietnamese national previously registered their birth shall carry out the registration of changes, corrections to household registration, and re-determination of ethnicity for overseas Vietnamese nationals.

The person requesting to register late births and deaths must submit an application form and present the following documents:

1. Passport, Identity Card, or other valid identification documents;

2. Other necessary documents to prove that the late registration of births and deaths is true.

The application for late registration must clearly state the reason for the late registration, with confirmation from the People's Committee of the commune where the event occurred and two witnesses.

Article 88. Time Limit for Registering Late Births and Deaths for Vietnamese Nationals The People's Committee of the province where the Vietnamese national previously registered their birth shall carry out the registration of changes, corrections to household registration, and re-determination of ethnicity for overseas Vietnamese nationals.

Within seven days from the date of receiving complete and valid files, if it is found that the request for late registration is true, the Chairman of the People's Committee of the province shall sign and issue to the applicant a certified copy of the Birth Registration Certificate or Death Certificate. The Department of Justice shall record in the register according to each type of event and note "Late registration involving foreign elements" in the "Remarks" column of both types of registers. Copies and the number of copies of the Birth Registration Certificate or Death Certificate shall be issued according to the applicant's request.

In cases requiring additional verification, the time limit may be extended but not exceeding seven days.

Article 89. Authority to Re-register Births, Deaths, Marriages, and Adoptions for Vietnamese Nationals The People's Committee of the province where the Vietnamese national previously registered their birth shall carry out the registration of changes, corrections to household registration, and re-determination of ethnicity for overseas Vietnamese nationals.

The People's Committee of the province where the Vietnamese national resided before departure or where the household registration was previously registered shall carry out the re-registration of births, deaths, marriages, and adoptions previously registered in Vietnam.

Article 90. Procedure for Re-registering Births, Deaths, Marriages, and Adoptions for Vietnamese Nationals The People's Committee of the province where the Vietnamese national previously registered their birth shall carry out the registration of changes, corrections to household registration, and re-determination of ethnicity for overseas Vietnamese nationals.

The person requesting to re-register births, deaths, marriages, and adoptions must submit an application form and present the following documents:

1. Passport, Identity Card, or other valid identification documents;

2. Other necessary documents to prove that the re-registration of births, deaths, marriages, and adoptions is true.

The application for re-registration must clearly state the reason for the re-registration, with confirmation from two witnesses. In cases where the re-registration is carried out at a People's Committee that is not the place where the household registration was previously registered, confirmation from the People's Committee where the previous household registration was made about the household event must also be provided.

Article 91. Time limit for re-registering births, deaths, marriages, and adoptions for Vietnamese citizens The People's Committee of the province where the Vietnamese national previously registered their birth shall carry out the registration of changes, corrections to household registration, and re-determination of ethnicity for overseas Vietnamese nationals.

Within seven days from the date of receiving complete valid files, if it is found that the re-registration is justified and the previous registration was true, the Chairman of the People's Committee at the provincial level shall sign and issue to the applicant one of the following: the original Birth Registration Certificate, Death Certificate, Marriage Registration Certificate, Adoption Recognition Decision. The Department of Justice shall record this in the respective registration books and note "Re-registration involving foreign elements" in the "Remarks" column of these books.

In cases requiring additional verification, the time limit may be extended but not exceeding seven days.

For re-registering marriages and adoptions, when issuing the Marriage Registration Certificate and Adoption Recognition Decision, both parties must be present to jointly sign on the Book and Marriage Registration Certificate or the Book and Adoption Registration Certificate.

Chapter V

SETTLEMENT OF COMPLAINTS AND REPORTS

AND ADMINISTRATIVE VIOLATION HANDLING

Article 92. Citizens' and organizations' right to appeal and report complaints related to household registration

1. Citizens and organizations have the right to appeal and report complaints to competent state agencies regarding the refusal to register or illegal household registration.

2. The handling of appeals and complaints shall be carried out according to the procedures stipulated by laws on appeals and complaints.

Article 93. Handling violations by persons with authority in managing and registering household records

Persons with authority in managing and registering household records who, due to lack of sense of responsibility or intentionally violate the provisions of this Decree and other legal documents on household registration, may be subject to disciplinary action or criminal liability depending on the severity of the violation; if damage is caused, they must compensate according to the law.

Article 94. Handling individuals and organizations violating state regulations on household registration

Individuals and organizations responsible for registering household records but fail to comply with the provisions of this Decree, or engage in fraudulent behavior during household registration, may be subject to administrative penalties or criminal liability according to the law depending on the severity of the violation.

Chapter VI

FINAL PROVISIONS

Article 95. This Decree takes effect fifteen days from the date of signing and replaces the Household Registration Regulations issued under Decree No. 04/CP dated January 16, 1961 by the Government. Previous regulations contrary to this Decree are abolished.

Article 96. The Minister of Justice, the Minister of Finance, the Minister, the Head of the Civil Service Organization Board of the Government, and the Minister of Foreign Affairs are responsible for guiding the implementation of this Decree.

Article 97. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities are responsible for implementing this Decree./.