Chương III Nghị định 123/2015/NĐ-CP hướng dẫn Luật hộ tịch: Đăng ký hộ tịch tại Ủy ban nhân dân cấp xã

Chapter III

CIVIL STATUS REGISTRATION AT PEOPLE'S COMMITTEE OF COMMUNE

Section 1. BIRTH REGISTRATION IN SPECIAL CIRCUMSTANCES

Article 14. Birth registration for abandoned children

1. Any person who detects an abandoned child shall protect the child and immediately notify the People’s Committee or police authority of the commune where such child is abandoned. If a child is abandoned at a health facility, the health facility’s head shall be responsible for giving notice.

As soon as practicable after receiving such notice, the President of People’s Committee of commune or chief police of commune shall make a report on the abandonment; and then the People’s Committee of commune shall give the child to an individual or organization in charge of temporary rearing as prescribed by law.

The report shall specify the time when and place where an abandoned child is found; his/her identity namely sex, body condition, health condition; his/her assets or objects, if any; full name, identification card, place of residence of the finder. The report shall bear signatures of the person making the report, the finder, the witness (if any) and the seal of the authority from which the report is made.

The report shall be made in two copies; one copy shall be archived at the authority from which it is made, and the other shall be sent to the individual or organization in charge of temporary rearing.

2. After making the report as prescribed in Clause 1 of this Article, the People’s Committee of commune shall post up a notice of abandonment publicly at its headquarters within 7 consecutive days.

3. Upon expiration of posting time limit, if the parents’ child has still been unidentified, the People’s Committee of commune shall notify the individual or organization in charge of temporary rearing of birth registration for the child. The individual or organization in charge of temporary rearing shall apply for birth registration for the child. Procedures for birth registration shall be consistent with Clause 2 Article 16 of the Law on civil status.

The child’s full name shall be determined as prescribed by civil law. If there are not substantial grounds for determine the child's date of birth or place of birth, the date on which he/she is found abandoned shall be considered as the day and month of birth; the year of birth shall be determined according to the child’s body condition; place of birth is where the child is found abandoned; native place is determined according to place of birth; and nationality is Vietnamese. The section of child’s parents and race in the birth certificate and vital records shall be left blank and the phrase “abandoned child” shall be specified in the vital records.

Article 15. Birth registration for children with unidentified parents

1. The People’s Committee of commune where the child resides shall apply for birth registration for the child with unidentified parents.

2. If a child’s father is unidentified, the family name, race, native place, nationality of the child in the application for birth registration shall be determined according to respective information of his/her mother; the child’s father section in vital records and birth certificate shall be left blank.

3. If the father, at the time of application for birth registration, applies for recognition of father-child relationship as prescribed in Clause 1 Article 25 of the Law on civil status, the People’s Committee shall both process the recognition and birth registration; birth registration contents shall be determined as prescribed in Clause 1 Article 4 of this Decree.

4. In case of a child whose mother is unidentified, if his/her child applies for both birth registration and recognition of parent-child relationship, Clause 3 of this Article shall apply; the child’s mother section in the vital records and birth certificate shall be left blank.

5. Procedures for birth registration for children with unidentified parents other than those who are abandoned shall be consistent with Clause 3 Article 14 hereof; the phrase “children with unidentified parents" shall be specified in the vital records.

Article 16. Birth registration for children born from surrogacy cases

1. An applicant for birth registration shall submit documents as prescribed in Clause 1 Article 16 of the Law on civil status and a certification issued by the health facility that conducts assisted reproductive technology in surrogacy procedures. The child’s parents sections shall be filled out according to the information of intended parents.

2. Procedures for birth registration shall be consistent with Clause 2 Article 16 of the Law on civil status; contents of birth registration shall be consistent with Clause 1 Article 4 hereof.

Section 2. CIVIL STATUS REGISTRATION AT BORDER AREAS

Article 17. Birth registration

1. The People’s Committee of commune in border areas shall grant birth registration for a child who was born in Vietnam and while a parent is a Vietnamese citizen permanently residing in such commune, the other parent is a citizen of a neighbor country at the administrative division which is equivalent to commune level in Vietnam and contiguous to the commune in border area of Vietnam where the Vietnamese parent resides.

2. The applicant for birth registration shall present documents as prescribed in Clause 1 Article 2 hereof and submit the following documents:

a) Documents prescribed in Clause 1 Article 16 of the Law on civil status;

b) A written agreement reached by parents on child’s nationality as prescribed in Clause 1 Article 36 of the Law on civil status;

c) Copies of documents proving identity and permanent residence in the border area of the parent being citizen of neighbor country.

3. Procedures for birth registration shall be consistent with Clause 2 Article 16 of the Law on civil status; contents of birth registration shall be consistent with Clause 1 Article 4 hereof.

Article 18. Marriage registration

1. The People’s Committee of commune in border areas shall grant marriage registration for a couple that a partner is a Vietnamese citizen permanently residing in such commune and the other partner is a citizen of a neighbor country at the administrative division which is equivalent to commune level in Vietnam and contiguous to the commune in border area of Vietnam where the Vietnamese citizen resides.

2. Applicants for marriage registration shall present documents as prescribed in Clause 1 Article 2 hereof; or submit an application at the People’s Committee of commune in person. The application for marriage registration shall include:

a) Application forms for marriage registration using the form as prescribed; the two partners may fill out a single application form;

b) Documents issued by competent authorities of the neighbor country within 6 months until the date of receipt which prove that the partner being citizen of neighbor country is being single;

c) Copies of documents proving identity and permanent residence in the border area of the partner being citizen in neighbor country.

3. Within 3 working days from the date on which a satisfactory application is received, the civil status official shall verify such application send it to the President of People’s Committee for decision. In case of necessity to verify, the processing time limit is 8 working days.

If both partners are eligible for marriage as prescribed in the Law on marriage and family, the President of People’s Committee of commune shall sign the marriage license, the civil status official shall then document such marriage to the vital records, and both partners shall bear their signatures and full names in the vital records and the marriage license; each spouse shall be issued with one original of the marriage license.

Article 19. Registration for recognition of parent-child relationship

1. The People’s Committee of commune in border areas shall grant registration for recognition of parent-child relationship to a couple that a parent is a Vietnamese citizen permanently residing in such commune and the other parent is a citizen of a neighbor country at the administrative division which is equivalent to commune level in Vietnam and contiguous to the commune in border area of Vietnam where the Vietnamese citizen resides.

2. Applicants for recognition of parent-child relationship shall present documents as prescribed in Clause 1 Article 2 hereof; or submit an application at the People’s Committee of commune in person. The application for recognition of parent-child relationship shall include:

a) An application form for recognition of parent-child relationship using the form as prescribed;

b) Documentary evidence for father-child relationship or mother-child relationship;

c) Copies of documents proving identity and permanent residence in the border area of the parent being citizen in neighbor country.

3. Within 7 working days from the date on which a satisfactory application is received, the civil status official shall verify such application and post up the recognition of parent-child relationship at the People's Committee of commune and send it to the President of People’s Committee for decision. In case of necessity to verify, the processing time limit is 12 working days.

If the recognition of parent-child relationship is considered justifiable and involves no dispute, the civil status official shall document such recognition to the vital records, and the applicant shall bear signature and full name in the vital records; the President of People’s Committee of commune shall then issue each parent with one original copy from the vital records.

Article 20. Death registration

1. The People’s Committee of commune in border area shall grant death registration to the deceased being a foreigner residing in such commune.

2. The applicant for death registration shall submit an application form for death registration using the form as prescribed, an original of death notice or an equivalent document which is issued as prescribed in Clause 2 Article 4 of this Decree.

3. As soon as practicable after receiving such application, if the death registration is considered justifiable, the civil status official shall document it to the vital records, and the applicant shall bear signature and full name in the vital records; the President of People’s Committee of commune shall then issue each parent with one original copy from the vital records.

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

4. After death registration, the People’s Committee of commune shall issue 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.

Section 3. ISSUANCE OF CERTIFICATE OF MARITAL STATUS

Article 21. The power to issue certificates of marital status

1. The People’s Committee of commune where a Vietnamese citizen permanently resides shall issue him/her with a certificate of marital status.

If the Vietnamese citizen has no permanent residence but has a temporary residence registered as prescribed in law on residence, the People’s Committee of commune where he/she has registered temporary residence shall issue him/her with a certificate of marital status.

2. Clause 1 of this Article also apply in case of issuance of certificate of marital status to a foreigner or a stateless person residing in Vietnam upon his/her request.

Article 22. Procedures for issuing certificates of marital status

1. An applicant for certificate of marital status shall submit an application form using the form as prescribed. If the application for certificate of marital status is submitted for marriage purpose, the applicant shall satisfy all conditions for marriage as prescribed in the Law on marriage and family.

2. If the applicant for certificate of marital status had been married but he/she obtained divorce then or his/her spouse died, he/she must present or submit valid documents proving such status; in case of the circumstance prescribed in Clause 2 Article 37 of this Decree, a respective copy of vital records is required.

3. Within 3 working days from the date on which the satisfactory application is received, the civil status official shall verify the applicant’s marital status. If the applicant meets all conditions and the issuance of certificate of marital status is consistent with regulations of law, the civil status official shall request the President of People’s Committee to issue one certificate of marital status to the applicant. Contents of certificate of marital status shall be consistent with the applicant’s current marital status and purpose of the certificate of marital status.

4. If the applicant for certificate of marital status has registered permanent residence in multiple places, he/she must prove his/her marital status. If the applicant fails to produce such evidence, the civil status official shall report it to the President of People’s Committee of commune; the President shall then request People’s Committees of communes where the applicant had registered permanent residence in writing to verify the marital status.

Within 3 working days from the date on which the written request is received, the requested People’s Committee of commune shall verify and respond in writing to the requesting People’s Committee of commune in terms of the applicant's marital status during his/her residence in the commune.

5. As soon as practicable after receiving such response, if there are substantial grounds, the People’s Committee of commune shall issue a certificate of marital status to the applicant as prescribed in Clause 3 of this Article.

6. If a person applies for reissuance of a certificate of marital status for other purposes or due to expiration of the certificate of marital status as prescribed in Article 23 of this Decree, the certificate of marital status that was issued must be returned.

Article 23. Validity of certificate of marital status

1. A certificate of marital status shall remain valid in 6 months from the date of issue.

2. The certificate of marital status shall be used for the purpose of marriage at a competent authority in Vietnam, or at a competent authority overseas or for other purposes.

3. The certificate of marital status shall be invalid if being used for a purpose other than those specified in the certificate.

Section 4. BIRTH, MARRIAGE OR DEATH RE-REGISTRATION

Article 24. Conditions for birth, marriage or death re-registration

1. Any birth, marriage, or death registration that has been granted at the competent authority of Vietnam before January 1, 2016 but the vital records or originals copies from vital records are lost shall be eligible for re-registration.

2. An applicant for birth, marriage, or death re-registration shall submit sufficient copies of relevant documents.

3. The birth or marriage re-registration is only granted if the applicants are still alive at the time of receiving application.

Article 25. The power to grant birth, marriage or death re-registration

1. The People’s Committee of commune which granted the former birth or marriage registration or the People’s Committee of commune where the applicant permanently resides shall grant the birth or marriage re-registration.

2. The People’s Committee of commune which granted the former death registration shall grant the death re-registration.

Article 26. Birth re-registration procedures

1. An application for birth re-registration shall include:

a) An application form as prescribed, specifying the assurance that the applicant has received birth registration but he/she fails to keep the original of the birth certificate;

b) Copies of all documents of the applicant, or other documents containing information in connection with the birth registration;

c) If the applicant for birth re-registration is an official/public employee, or an armed force official, apart from documents prescribed in Point a and Point b of this Clause, he/she is required a document issued by the authority's head to certify that details of full name, sex, date of birth, race, nationality, native place, father-child relationship, mother-child relationship are consistent with the records under the authority’s management.

2. Within 5 working days from the date on which the application is received, the civil status official shall verify it. If the birth re-registration is consistent with regulations of law, the civil status official shall grant the birth re-registration as prescribed in Clause 2 Article 16 of the Law on civil status.

If the application for birth re-registration is submitted at the People’s Committee of a commune other than the commune which has granted the former birth registration, the civil status official shall request the President of People’s Committee to request such the People’s Committee to verify if respective vital records are being kept.

Within 5 working days, from the date on which the request is received, the People’s Committee which has granted the former birth registration shall verify and respond in writing that if the vital records are being kept.

3. Within 3 working days from the date on which verification results that the vital records are no longer kept in the commune where the birth registration has been granted are received and the application is considered satisfactory and consistent with regulations of law, the civil status official shall grant the birth re-registration as prescribed in Clause 2 Article 16 of the Law on civil status.

4. If the applicant still obtains a valid copy of the former birth certificate, the birth registration section in the certificated shall be filled out according to such copy, and the child’s parent section shall be filled out according to reality at the time of birth re-registration.

5. If the applicant does not obtain a copy of the former birth certificate, but his/her personal documents are consistent with birth registration contents, they shall prevail. If the applicant’s documents are not consistent with the birth registration contents, those in the document that has been issued by the competent authority firstly shall prevail; birth registration contents of an official/public employee or armed force official shall be determined according to the document issued by the authority’s head as prescribed in Point c Clause 1 of this Article.

6. The Ministry of Justice shall provide guidelines for documents as the basis for birth re-registration as prescribed in this Article.

Article 27. Marriage re-registration procedures

1. An application for marriage re-registration shall include:

a) An application form as prescribed;

b) A copy of the former marriage license. In case of absence from the copy of marriage license, a copy of the personal document relating to the marriage registration contents is also permitted.

2. Within 5 working days from the date on which the application is received, the civil status official shall verify it. If the marriage re-registration is sufficient, accurate, and consistent with regulations of law, the civil status official shall grant the marriage re-registration as prescribed in Clause 2 Article 18 of the Law on civil status.

If the application for marriage re-registration is submitted at the People’s Committee of a commune other than the commune which has granted the former marriage registration, the civil status official shall request the President of People’s Committee to request such the People’s Committee to verify the respective vital records.

Within 5 working days, from the date on which the request is received, the People’s Committee which has granted the former marriage registration shall verify and respond in writing that the vital records are whether kept.

3. Within 3 working days from the date on which verification results that the vital records are no longer kept in the commune where the marriage registration has been granted are received and the application is considered satisfactory and consistent with regulations of law, the civil status official shall grant the marriage re-registration as prescribed in Clause 2 of this Article 16.

4. The marriage relationship shall be recognized from the date on which the former marriage registration was granted which is specified in the marriage license and vital records. If the day and month of former marriage registration is not identified, the marriage relationship shall be recognized from January 1, of the year of former marriage registration.

Article 28. Death re-registration procedures

1. An application for death re-registration shall include:

a) An application form as prescribed;

b) A valid copy of the former death certificate. In case of absence from the copy of death certificate, a copy of the personal document relating to the death event contents is also permitted.

2. Within 5 working days from the date on which the application is received, the civil status official shall verify it. If the death re-registration is sufficient, accurate, and consistent with regulations of law, the civil status official shall request the President of People’s Committee to grant an original of death certificate from the vital records, document the death re-registration to the vital records; and then the civil status official and the applicant shall bear signatures and full names in the records.

In case of necessity to verify, the processing time limit is 10 working days.