Chương II Luật Hộ tịch 2014: Đăng ký hộ tịch tại ủy ban nhân dân cấp xã

Chapter II

CIVIL STATUS REGISTRATION AT COMMUNE-LEVEL PEOPLE'S COMMITTEES

Section 1. BIRTH REGISTRATION

Article 13. Competence to make birth registration

Commune-level People's Committees of the places of residence of fathers or mothers shall make birth registration.

Article 14. Birth registration contents

1. Birth registration contents include:

a/ Information of the person whose birth is registered: family name, middle name and first name; gender; birthdate; birthplace; native place; ethnicity; and citizenship;

b/ Information of the parents of the person whose birth is registered: full name, middle name and first name; year of birth; ethnicity; citizenship; and place of residence;

c/ The personal identification number of the person whose birth is registered.

2. The determination of citizenship, ethnicity and family name of a person whose birth is registered must comply with the law on Vietnamese nationality and civil law.

3. Contents of birth registration specified in Clause 1 of this Article are basic civil status information of individuals and shall be recorded in the civil status books and birth certificates and updated in the electronic civil status database and national population database. Dossiers and papers of individuals related to birth registration information must be consistent with their birth registration contents.

The Government shall stipulate the grant of personal identification numbers to persons whose birth is registered.

Article 15. Birth registration responsibility

1. Within 60 days after the birth of their child, the father or mother shall register the child’s birth; if the parents are unable to register their child’s birth, the grandfather or grandmother or another relative or the individual or organization that is nurturing the child shall register his/her birth.

2. Justice and civil status officers shall regularly examine and urge the birth registration for children in their localities within the prescribed time limit; in case of necessity, mobile birth registration may be made.

Article 16. Birth registration procedures

1. Birth registrants shall submit declarations made according to a set form and birth certification papers to the civil status registration agency. If having no birth certification paper, a document of a witness certifying the birth shall be submitted; if there is no witness, there must be a written pledge of the birth; for birth registration for abandoned children, there must be a written record certifying the child’s abandonment made by a competent agency; for birth registration for children born by surrogate mothers, there must be a document proving the surrogacy as prescribed by law.

2. Immediately after receiving full papers specified in Clause 1 of this Article, if seeing that the birth declaration is complete and proper, justice and civil status officers shall record birth registration contents under Clause 1, Article 14 of this Law in the civil status books and update them in the electronic civil status database and the national population database for getting personal identification numbers.

Justice and civil status officers and birth registrants shall together sign in the civil status books. Chairpersons of commune-level People's Committees shall grant birth certificates to birth registrants.

3. The Government shall stipulate in detail the birth registration for abandoned children and children whose parents have not yet been identified due to surrogacy; and the determination of native places for abandoned children and children with unidentified parents.

Section 2. MARRIAGE REGISTRATION

Article 17. Competence to register marriage and contents of marriage certificates

1. Commune-level People's Committees of the place of residence of either of the male and female partners shall make marriage registration.

2. A marriage certificate must contain the following information:

a/ Family name, middle name and first name; birthdate; ethnicity; citizenship; place of residence; information about personal identity papers of male and female partners;

b/ Date of marriage registration;

c/ Signatures or fingerprints of male and female partners and certification of the civil status registration agency.

Article 18. Marriage registration procedures

1. The male and female partners shall submit the marriage registration declaration, made according to a set form to the civil status registration agency and must be both present at the time of marriage registration.

2. Immediately after receiving complete papers specified in Clause 1 of this Article, if seeing that the marriage conditions are fully met in accordance with the Law on Marriage and Family, the justice and civil status officer shall record the marriage in the civil status book and together with the male and female partners sign in the civil status book. The male and female partners shall both sign the marriage certificate; the justice and civil status officer shall report to the chairperson of the commune-level People's Committee to organize the handover of the marriage certificate to the couple.

In case of necessity to verify the marriage conditions of the male and female partners, the time limit for settlement is 5 working days.

Section 3. GUARDINASHIP REGISTRATION

Article 19. Competence to register guardianship and guardianship termination

Commune-level People's Committees of places of residence of wards or guardians shall register guardianship.

Commune-level People's Committees that have registered guardianship shall register guardianship termination.

Article 20. Procedures for registering appointed guardians

1. Requesters for guardianship registration shall submit guardianship registration declarations, made according to a set form, and the guardian appointment document as prescribed by the Civil Code to the civil status registration agency.

2. Within 3 working days after receiving complete papers specified in Clause 1 of this Article, if seeing that the law-prescribed conditions are fully met, the justice and civil status officer shall record the guardianship registration in the civil status book and together with the guardianship registrant sign in the civil status book, and report to the chairperson of the commune-level People's Committee to issue an extract to the requester.

Article 21. Registration of natural guardians

1. Requesters for guardianship registration shall submit guardianship registration declarations, made according to a set form, and papers proving the natural guardian conditions as prescribed by the Civil Code to the civil status registration agency. In case there are more than one person eligible to act as natural guardian, a document on the agreement to appoint one person as natural guardian shall be additional submitted.

2. The order of registration of natural guardians must comply with Clause 2, Article 20 of this Law.

Article 22. Registration of guardianship termination

1. Requesters for guardianship termination registration shall submit guardianship termination registration declarations, made according to a set form, and papers serving as the basis for guardianship termination as prescribed by the Civil Code to the civil status registration agency.

2. Within 2 working days after receiving complete papers specified in Clause 1 of this Article, if seeing that the conditions for guardianship termination are fully met in accordance with the Civil Code, the justice and civil status officer shall record the guardianship termination in the civil status book and together with the guardianship termination registrant sign in the civil status book, and report to the chairperson of the commune-level People's Committee to issue an extract to the requester.

Article 23. Registration of guardian change

In case of request for change of guardians in accordance with the Civil Code and there are other eligible persons wishing to act as guardians, parties shall carry out the procedures for registration of the previous guardianship termination and make new guardianship registration under the provisions of this Section.

Section 4. REGISTRATION OF PARENT AND CHILD RECOGNITION

Article 24. Competence to register parent and child recognition

Commune-level People's Committees of places of residence of recognizing or recognized parents or children shall register parent and child recognition.

Article 25. Procedures for registration of parent and child recognition

1. Requesters for registration of parent and child recognition shall submit declarations, made according to a set form, and evidence proving father and child or mother and child relationship to the civil status registration agency. All parties must be present upon registration of parent and child recognition.

2. Within 3 working days after receiving complete papers specified in Clause 1 of this Article, if seeing that the parent and child recognition is proper and there is no dispute, the justice and civil status officer shall record the registration of parent and child recognition in the civil status book and together with the parent and child recognition registrant sign in the civil status book, and report to the chairperson of the commune-level People's Committee to issue an extract to the requester.

In case of necessity to verify, the time limit may be prolonged for no more than 5 working days.

Section 5. REGISTRATION OF CIVIL STATUS CHANGE, CORRECTION AND SUPPLEMENTATION

Article 26. Scope of civil status change

1. Change of family name, middle name and first name of individuals in birth registration contents when there are grounds as prescribed by the civil law.

2. Change of information about parents in birth registration contents after being adopted as children in accordance with the Law on Adoption.

Article 27. Competence to register civil status change, correction and supplementation

Commune-level People's Committees of previous places of civil status registration or places of residence of individuals are competent to settle civil status change and correction for persons under 14 full years; and civil status supplementation for Vietnamese citizens residing in the country.

Article 28. Procedures for registration of civil status change and correction

1. Requesters for registration of civil status change or correction shall submit declarations, made according to a set form, and relevant papers to the civil status registration agency.

2. Within 3 working days after receiving complete papers specified in Clause 1 of this Article, if seeing that the civil status change or correction is proper and compliant with civil and relevant laws, the justice and civil status officer shall record such change or correction in the civil status book and together with the registration requester sign in the civil status book, and report to the chairperson of the commune-level People's Committee to issue an extract to the requester.

In case of civil status change or correction related to birth certificates or marriage certificates, the justice and civil status officer shall record the change or correction content in these certificates.

In case of necessity to verify, the time limit may be prolonged for no more than 3 working days.

3. In case of registering civil status change or correction not at previous places of civil status registration, commune-level People's Committees shall issue written notices together with civil status extract copies to People's Committees of previous places of civil status registration for recording in the civil status book.

In case the previous place of civil status registration is a representative mission, the commune-level People's Committee shall issue written notices together with civil status extract copies to the Ministry of Foreign Affairs for forwarding to the representative mission for recording in the civil status book.

Article 29. Procedures for civil status supplementation

1. Requesters for civil status supplementation shall submit declarations, made according to a set form, and relevant papers to the civil status registration agency.

2. Immediately after receiving complete papers specified in Clause 1 of this Article, if seeing that the civil status supplementation request is proper, the justice and civil status officer shall record the supplemented content in the relevant section in the civil status book and together with the requester sign in the civil status book, and report to the chairperson of the commune-level People's Committee to issue an extract to the requester.

In case of civil status supplementation to birth certificates or marriage certificates, the justice and civil status officer shall record the supplemented content in the relevant column and append a seal to the supplemented content.

Section 6. RECORDING IN THE CIVIL STATUS BOOK CIVIL STATUS CHANGES ACCORDING TO JUDGMENTS AND DECISIONS OF COMPETENT STATE AGENCIES

Article 30. Responsibility to notify civil status changes

1. Within 5 working days from the effective date of a judgment or decision related to civil status change of an individual as prescribed in Clause 2, Article 3 of this Law, the people’s court or competent state agency shall issue a written notice enclosed with an extract of such judgment or decision to the People's Committee that has registered the civil status of such individual for recording in the civil status book; if the place of civil status registration is a representative mission, it shall send such notice to the Ministry of Foreign Affairs for forwarding to the representative mission for recording in the civil status book.

2. In case of citizenship change, notification shall be made in accordance with the law on citizenship.

Article 31. Procedures for recording in the civil status book civil status changes according to judgments and decisions of competent state agencies

Immediately after receiving notices prescribed in Article 30 of this Law, justice and civil status officers shall record in the civil status book changed contents according to judgments or decisions of people’s courts or competent state agencies.

Section 7. DEATH REGISTRATION

Article 32. Competence to register death

Commune-level People's Committees of the last places of residence of deceased persons shall register their death. If the last place of residence of the deceased person cannot be identified, the commune-level People's Committee of the place where such person dies or his/her body is found shall register his/her death.

Article 33. Time limit and responsibility for death registration

1. Within 15 days after the date a person dies, his/her spouse, child, parent or another relative shall register his/her death; for a deceased person without any relative, a representative of a related agency, organization or person shall register his/her death.

2. Justice and civil status officers shall regularly examine and urge death declaration for deceased persons; in case no responsible person can be identified for death declaration, justice and civil status officers shall register death.

Article 34. Death registration procedures

1. Persons responsible for death registration shall submit declarations, made according to a set form, and death notices or other substitute papers to the civil status registration agency.

2. Immediately after receiving papers specified in Clause 1 of this Article, if seeing that the death declaration is proper, the justice and civil status officer shall record the death declaration contents in the civil status book and together with the death declarant sign in the civil status book and report to the chairperson of the commune-level People's Committee to issue an extract to the death declarant.

The justice and civil status officer shall close civil status information of the deceased person in the electronic civil status database.