Chương II Nghị định 123/2015/NĐ-CP hướng dẫn Luật hộ tịch: Đăng ký hộ tịch, quản lý, sử dụng sổ hộ tịch trong giai đoạn chuyển tiếp

Chapter II

CIVIL STATUS REGISTRATION, MANAGEMENT AND USE OF VITAL RECORDS IN TRANSITIONAL STAGE

Section 1. DOCUMENTS TO BE SUBMITTED OR PRESENTED

Article 9. Documents to be submitted and presented upon birth registration

1. An applicant for birth registration at the People’s Committee of commune, ward, or town (hereinafter referred to as commune) shall submit documents as prescribed in Clause 1 Article 16 of the Law on civil status; and an applicant for birth registration at the People’s Committee of suburban district, urban district, district-level town, provincial-affiliated city (hereinafter referred to as district) shall submit documents as prescribed in Clause 1 Article 36 of the Law on civil status.

2. The applicant for birth registration shall present documents as prescribed in Clause 1 Article 2 hereof.

If the child’s parents have their marriage registered, the marriage license shall also be presented.

Article 10. Documents to be submitted and presented upon marriage registration

An applicant for marriage registration at the People’s Committee of commune shall submit documents as prescribed in Clause 1 Article 2 of this Decree, Clause 1 Article 18 of the Law on civil status; and an applicant for marriage registration at the People’s Committee of district shall submit documents as prescribed in Clause 1 Article 38 of the Law on civil status and submit the original of certificate of marital status as prescribed as follows:

1. If the person applies for marriage registration at a People’s Committee of commune other than his/her permanent residence commune, he/she must submit a certificate of marital status issued by the competent People’s Committee of commune as prescribed in Articles 21, 22, and 23 of this Decree.

In case of application for marriage registration at a People’s Committee of district, the applicant for marriage registration living in Vietnam must submit a certificate of marital status issued by the competent People’s Committee of commune as prescribed in Articles 21, 22, and 23 of this Decree.

2. If the applicant for marriage registration has been going on business, studying, working under guest worker program abroad, he/she must submit a certificate of marital status issued by the Vietnamese diplomatic missions, or consular agents overseas (hereinafter referred to as representative body).

Section 2. MANAGEMENT AND USE OF VITAL RECORDS

Article 11. Making and closing vital records

1. Vital records shall be made in 1 book according to each type of civil status affairs.

2. The Registry shall document civil status affairs that are registered from January 1 to December 31 inclusive of a year to vital records

Annual vital statistics shall begin from January 1 to December 31 inclusive of a year.

3. Before January 5 of the succeeding year, the civil status official shall close the vital records; release statistics sufficiently and accurately and record total number of civil status affairs that were registered in the preceding year to the page adjacent to the final registration page of the year; and then bear signature, position, and send it to the Registry’s head for bearing signature and seal.

Article 12. Archiving vital records

1. Within 15 working days from the date on which vital records are closed, the Registry or the representative body shall authenticate 1 copy of vital records and send it to the superior Registry or the Ministry of Foreign Affairs respectively.

2. When receiving the copy of vital records, the receiving authority shall check each book of vital records, make transfer note specifying the state and figures of each book.

3. Vital records are national assets and permanently archived as prescribed in law on archives.

4. The agency that archives vital records is responsible for preserve and use of vital records in accordance with regulations of law; adopt safety measures, measures against fire, explosion, flood, moistness, and termites.

Article 13. Documenting civil status changes and correction in vital records

1. As soon as practicable after receiving a such notice enclosed with a copy of civil status affairs as prescribed in Clause 3 Article 28 of the Law on civil status, the civil status official shall document sufficient changes or correction to the vital records according to the above copy, including: number, date, issuing authority; full name of the signer of copy; a report bearing signature and seal of the Registry’s head.

If vital records have been authenticated and sent as prescribed in Clause 1 Article 12 of this Decree, the civil status official shall send a report enclosed with a copy of vital records to the superior Registry for documenting relevant changes or correction to the respective vital records. The receiving authority shall document such changes or correction to the respective vital records which bear signature and seal of the Registry's head.

2. Any Registry's head who has received a notice fails to make documenting to the vital records or who is responsible for giving notice fails to give such notice and send a copy of vital records as prescribed in Clause 3 Article 28 of the Law on civil status shall take responsibility for discrepancy in management and use vital records as prescribed by law.