Chương III Luật Hộ tịch 2014: Đăng ký hộ tịch tại ủy ban nhân dân cấp huyện

Chapter III

CIVIL STATUS REGISTRATION AT DISTRICT-LEVEL PEOPLE'S COMMITTEES

Section 1. BIRTH REGISTRATION

Article 35. Competence to register birth

District-level People's Committees of places of residence of fathers or mothers shall register birth for children in the following cases:

1. Children born in Vietnam:

a/ Having a parent being a Vietnamese citizen and the other being a foreigner or a stateless person;

b/ Having a parent being a Vietnamese citizen residing in the country and the other being a Vietnamese citizen residing abroad;

c/ Having both parents being Vietnamese citizens residing abroad;

d/ Having both parents being foreigners or stateless persons.

2. Children born abroad with their birth not yet registered abroad and taken to reside in Vietnam:

a/ Having both parents being Vietnamese citizens;

b/ Having a parent being a Vietnamese citizen.

Article 36. Birth registration procedures

1. Birth registrants shall submit the papers specified in Clause 1, Article 16 of this Law to the civil status registration agency. In case either parent is or both parents are foreigner(s), a document on the agreement of the parents on the selection of citizenship for their child.

If the parents choose a foreign citizenship for their child, their agreement document must contain certification of a competent foreign state agency of which they are citizens.

2. Immediately after receiving the papers specified in Clause 1 of this Article, if seeing that the birth declaration information is complete and proper, the civil status officer shall record the birth declaration contents prescribed in Article 14 of this Law in the civil status book; for a child having a foreign citizenship, the civil status officer shall not record the content prescribed at Point c, Clause 1, Article 14 of this Law.

The civil status officer and birth registrant shall both sign in the civil status book. The district-level Justice Division shall report to the chairperson of the district-level People's Committee to grant a birth certificate to the person whose birth is registered.

3. The Government shall stipulate birth registration procedures for the cases prescribed in Clause 2, Article 35 of this Law.

Section 2. MARRIAGE REGISTRATION

Article 37. Competence to register marriage

1. District-level People's Committees of places of residence of Vietnamese citizens shall register marriages between Vietnamese citizens and foreigners; between Vietnamese citizens residing in the country and Vietnamese citizens residing abroad; between Vietnamese citizens residing abroad; and between Vietnamese citizens who also have foreign citizenship and Vietnamese citizens or foreigners.

2. In case a foreigner residing in Vietnam requests marriage registration in Vietnam, the district-level People's Committee of the place of residence of either partner shall register the marriage.

Article 38. Marriage registration procedures

1. The male and female partners submit a declaration, made according to a set form, and a written certification of a competent Vietnamese or foreign health organization stating that he/she does not suffer any mental or other diseases which deprive him/her of the ability to perceive and control his/her acts to the civil status registration agency.

Foreigners and Vietnamese citizens residing abroad shall additionally submit papers proving their marital status and copies of their passports or valid passport substitute papers.

2. Within 15 days after receiving complete papers specified in Clause 1 of this Article, civil status officers shall verify; if seeing that the law-prescribed marriage conditions are fully met, the district-level Justice Division shall report to the chairperson of the district-level People's Committee for settlement.

3. Upon marriage registration, both male and female partners must be present at the head office of the People's Committee, the civil status officer shall ask for opinions of the male and female partners. If seeing that they voluntarily marry each other, the 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 in the marriage certificate.

The chairperson of the district-level People's Committee shall hand the marriage certificate to the couple.

4. The Government shall stipulate additional papers in marriage registration dossiers, interview to verify the marriage purpose when settling marriage registration requests; procedures to grant marital status certificates to Vietnamese citizens for marrying foreigners at competent foreign agencies overseas in order to guarantee lawful rights and interests of parties.

Section 3. GUARDIANSHIP REGISTRATION

Article 39. Competence to register guardianship and guardianship termination

District-level People's Committees of places of residence of wards or guardians shall register guardianship between Vietnamese citizens and foreigners together residing in Vietnam.

District-level People's Committees of places of guardianship registration shall register guardianship termination.

Article 40. Procedures for registration of appointed guardians

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

2. Within 5 working days after receiving complete papers specified in Clause 1 of this Article, the civil status officer shall verify and, if seeing that the law-prescribed conditions are fully met, shall record the guardianship registration in the civil status book and together with the guardianship registrant sign in the civil status book. The district-level Justice Division shall report to the chairperson of the district-level People's Committee to issue an extract to the requester.

Article 41. Registration of natural guardianship

The procedures for registration of natural guardianship between Vietnamese citizens and foreigners together residing in Vietnam must comply with Article 21 of this Law.

Article 42. Procedures for guardianship termination or change registration

The procedures for guardianship termination or change registration between Vietnamese citizens and foreigners must comply with Articles 22 and 23 of this Law.

Section 4. REGISTRATION OF PARENT AND CHILD RECOGNITION

Article 43. Competence to register parent and child recognition

District-level People's Committees of places of residence of persons recognized as parents or children shall register the parent and child recognition between Vietnamese citizens and foreigners; between Vietnamese citizens residing in the country and Vietnamese citizens residing abroad; between Vietnamese citizens residing abroad; between Vietnamese citizens also having a foreign citizenship and Vietnamese citizens or foreigners; and between foreigners either or both of whom permanently residing in Vietnam.

Article 44. Procedures for registration of parent and child recognition

1. Requesters for parent and child recognition registration shall submit declarations, made according to a set form, and papers and items or other evidence to prove the parent and child relationship to the civil status registration agency. In case of registering the parent and child recognition between Vietnamese citizens and foreigners or between foreigners, foreigners shall additionally submit copies of their passports or valid passport substitute papers to prove their personal identity.

2. Within 15 days after receiving complete papers specified in Clause 1 of this Article, the civil status officer shall verify and post the parent and child recognition at the head office of the district-level People's Committee for 7 consecutive days, and at the same time send a written request to the commune- level People's Committee of the place of permanent residence of the person recognized as parent or child to post for 7 consecutive days at its head office.

3. The district-level Justice Division shall report to and propose the chairperson of the district-level People's Committee the registration of parent and child recognition; if seeing that the prescribed conditions are fully met, the chairperson of the district-level People's Committee shall settle.

4. Upon registration of the parent and child recognition, the parties concerned must be present; the civil status officer shall record the registration in the civil status book and together with the parties sign in the civil status book. The chairperson of the district-level People's Committee shall issue an extract to the parties.

Section 5. REGISTRATION OF CIVIL STATUS CHANGE, CORRECTION AND SUPPLEMENTATION, ETHNICITY RE-DETERMINATION

Article 45. Scope of civil status change

The scope of civil status change must comply Article 26 of this Law.

Article 46. Competence to register civil status change, correction and supplementation and ethnicity re-determination

1. District-level People's Committees of previous places of civil status registration or places of residence of foreigners are competent to settle civil status correction and supplementation for foreigners who have registered civil status at competent Vietnamese agencies.

2. District-level People's Committees of previous places of civil status registration of overseas Vietnamese are competent to settle civil status change, correction and supplementation and ethnicity re-determination.

3. District-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 Vietnamese citizens of full 14 years or older residing in the country, and ethnicity re-determination.

Article 47. Procedures for registering civil status change, correction and supplementation and ethnicity re-determination

1. The procedures for registering civil status change and correction must comply with Article 28 of this Law.

In case of request for ethnicity re-determination, there must be proving papers as prescribed by law; the order must comply with Article 28 of this Law.

2. The procedures for requesting addition of civil status information must comply with Article 29 of this Law.

Section 6. RECORDING IN THE CIVIL STATUS BOOK CIVIL STATUS MATTERS OF VIETNAMESE CITIZENS WHICH HAVE BEEN SETTLED AT COMPETENT FOREIGN AGENCIES

Article 48. Competence to record in the civil status book civil status matters of Vietnamese citizens that have been settled at competent foreign agencies

1. District-level People’s Committees of places of residence of Vietnamese citizens shall record in the civil status book the birth registration; marriage; guardianship; parent and child recognition; parent and child identification; adoption; and civil status change already settled at competent foreign agencies.

2. District-level People’s Committees of previous places of marriage registration or marriage registration noting shall record in the civil status book the divorce and marriage cancellation of individuals already effected abroad.

3. District-level People’s Committees of places of residence of persons responsible for death declaration prescribed in Clause 1, Article 33 of this Law shall record in the civil status book the death declaration already settled at competent foreign agencies.

Article 49. Procedures for recording in the civil status book the birth registration; guardianship; parent and child recognition; parent and child identification; adoption; civil status change; and death declaration

1. Requesters for recording in the civil status book the birth declaration; guardianship; parent and child recognition; parent and child identification; adoption; civil status change; or death declaration shall submit declarations, made according to set forms, and certified copies of papers proving that such matter has been settled at a foreign competent agency to the civil status registration agency.

2. After receiving complete papers as specified in Clause 1 of this Article, the civil status officer shall check them and, if seeing that the request is proper, record the matter in the civil status book. The district-level Justice Division shall report to the chairperson of the district-level People’s Committee to issue an extract to the requester.

In case of necessity to verify, the time limit for settlement is 3 working days.

Article 50. Procedures for recording in the civil status book marriage, divorce and marriage cancellation

1. Requesters for recording in the civil status book the marriage, divorce or marriage cancellation shall submit declarations, made according to set forms, and certified copies of papers proving that such matter has been settled at a foreign competent agency to the civil status registration agency.

2. Within 12 days after receiving complete and valid dossiers as prescribed in Clause 1 of this Article and if seeing that the law-prescribed conditions are fully met, the civil status officer shall record the matter in the civil status book. The district-level Justice Division shall report to the chairperson of the district-level People’s Committee to issue an extract to the requester.

3. The Government shall stipulate in detail the order, procedures and time for coordination among agencies in implementing this Article.

Section 7. DEATH REGISTRATION

Article 51. Competence to register death

1. District-level People’s Committees of last places of residence of deceased persons shall register death for foreigners or Vietnamese citizens residing abroad who die in Vietnam.

2. In case it is impossible to identify the last place of residence of a deceased person as prescribed in Clause 1 of this Article, the district-level People’s Committee of the place where such person dies or his/her body is found shall register his/her death.

Article 52. Death registration procedures

1. Death registrants shall submit declarations, made according to a set form, and the death notice or a death notice substitute paper to the civil status registration agency.

2. Immediately upon receiving complete papers specified in Clause 1 of this Article, if seeing that the death declaration is proper, the civil status officer shall record it in the civil status book and together with the death registrant sign in the civil status book. The district-level Justice Division shall report to the chairperson of the district-level People’s Committee to issue an extract to the death registrant.

In case of necessity to verify, the settlement time limit is 3 working days.

3. After death registration, the district-level People’s Committee shall issued a written notice enclosed with the civil status extract to the Ministry of Foreign Affairs for notification to the competent agency of the country of which the deceased person is a citizen.

If the deceased person is a Vietnamese citizen residing abroad, the civil status officer shall close his/her information in the electronic civil status database.