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

Chapter IV

CIVIL STATUS REGISTRATION AT PEOPLE'S COMMITTEES OF DISTRICTS

Section 1. BIRTH AND MARRIAGE REGISTRATION

Article 29. Birth registration for children born abroad and taken to reside in Vietnam

1. If a child whose parents either is or parents both are Vietnamese citizen(s) was born abroad but has not have birth registered and taken to reside in Vietnam, the People’s Committee of district where he/she resides shall consider granting him/her the birth registration.

2. An applicant for birth registration shall present documents proving the child’s residence in Vietnam and submit the following:

a) An application form as prescribed;

b) A certificate of live birth or an equivalent document issued by the foreign competent authority certifying that the child was born abroad and mother-child relationship (if any);

c) An agreement on selection of child’s nationality prescribed in Clause 1 Article 35 of the Law on civil status in case where one child’s parent is a Vietnamese citizen and the other is a foreign citizen.

3. In case of absence from the document prescribed in Point b Clause 2 of this Article, the procedures for birth registration shall be consistent with Clause 5 Article 15 of this Decree.

4. As soon as practicable after receiving the application, the Committee Division of Justice shall verify it. In case of sufficient, accurate and consistent with regulations of law, the birth registration shall be granted in accordance with procedures as prescribed in Clause 2 Article 36 of the Law on civil status. Birth registration contents shall being determined as prescribed in Clause 1 Article 4 of this Decree.

Article 30. Application for marriage registration

1. An application for marriage registration shall be made as prescribed in Clause 1 Article 38 of the Law on civil status as follows:

a) The both partners may fill out in one single application form for marriage registration;

b) A document certifying marital status of a foreigner is a document which is issued by a foreign competent authority, remains valid, and certifies that the holder is being single. If the foreign country does not issue a document certifying marital status, an equivalent document issued by the foreign competent authority certifying the holder’s eligibility for marriage as prescribed in law of such country is required.

If the document certifying marital status of a foreigner has an indefinite term, such document and the certificate issued by the health facility as prescribed in Clause 1 Article 38 of the Law on civil status shall only remain valid in 6 months from the date of issue.

2. If the foreigner has no passport for presentation as prescribed in Clause 1 Article 2 of this Decree, he/she may present an international travel paper or a residence card.

3. Apart from the documents prescribed in Clause 1 of this Article, if the partner being Vietnamese citizen obtained divorce or granted marriage annulment at a the foreign competent authority, he/she shall also submit a copy of vital records about such divorce or marriage annulment as prescribed in Clause 2 Article 36 of this Decree; or if the partner being Vietnamese citizen is an official/public employee or an armed force official, he/she shall also submit a document issued by the authority certifying that his/her marriage to the foreigner is conformable with regulations of such sector.

Article 31. Marriage registration procedures

Procedures for marriage registration shall be consistent with Clauses 2, 3, and 4 Article 38 of the Law on civil status and the following:

1. Within 10 working days from the date on which the satisfactory application is received, Committee Division of Justice shall assess it and carry out verification deemed necessary. Chief of Committee Division of Justice shall be answerable to the assessment results and any request of Committee Division of Justice in the processing of application for marriage registration.

2. If the application is considered satisfactory, and both partners meet conditions for marriage as prescribed in the Law on marriage and family and are not subject to refusal cases prescribed in Article 33 of this Decree, Committee Division of Justice shall request the President of People’s Committee of district to sign 2 originals of marriage licenses.

3. Subject to particular situations, whenever necessary, the Ministry of Justice shall request the Prime Minister to provide additional regulations on inquiry procedures included when the application for marriage registration is processed so as to protect lawful rights and interests of the partners and ensure the effective state management.

Article 32. Granting marriage licenses

1. Within 3 working days from the date on which the President of People’s Committee of district signs marriage licenses, Committee Division of Justice shall grant marriage licenses to the partners in person.

2. The granting marriage licenses shall be consistent with Clause 3 Article 38 of the Law on civil status.

Marriage licenses shall be valid from the date on which they are documented in the vital records and granted to the partners as prescribed in this Clause.

3. If either or both partner(s) cannot present to receive marriage license(s), Committee Division of Justice shall, upon their request in writing, give an extension of granting period providing not exceeding 60 days, from the date on which the President of People’s Committee of district signs marriage licenses.  Upon expiration of such 60-day period, if both partners fail to present and receive marriage licenses, Committee Division of Justice shall request the President of People’s Committee of district to cancel the signed marriage licenses.

If the partners still wish to get married thereafter, they shall follow the procedures for marriage registration from the beginning.

Article 33. Marriage registration refusal

1. The marriage registration shall be refused if either or both partner(s) commit(s) violations or does/do not meet conditions for marriage as prescribed in the Law on marriage and family of Vietnam.

2. If the application for marriage registration is refused, Committee Division of Justice shall provide them with explanation in writing.

Section 2. DOCUMENTING IN VITAL RECORDS MARRIAGE OF VIETNAMESE CITIZENS SETTLED AT FOREIGN COMPETENT AUTHORITIES

Article 34. Conditions for documenting in vital records the marriage of Vietnamese citizens that have been settled at foreign competent authorities

1. The marriage between Vietnamese citizens or a Vietnamese citizen and a foreigner that has been settled at a foreign competent authority shall be permitted to be documented in the vital records provided that both partners, at the time of marriage, meet all conditions for marriage and do not commit violations against the Law on marriage and family of Vietnam.

2. If the partners, at the time of marriage registration at the foreign competent authority do not meet conditions for marriage but do not commit any violation against the Law on marriage and family, and consequences has been remedied or the marriage record is made for the purpose of protecting interests of Vietnamese citizen and children, at the time of requesting documenting in vital records, the marriage will be permitted to be documented in the vital records.

Article 35. Procedures for marriage record

1. An application for marriage record shall be submitted by either one partner at the competent authority as prescribed in Clause 1 Article 48 of the Law on civil status, including:

a) An application form as prescribed;

b) A copy of marriage certificate issued by the foreign competent authority;

c) Apart from documents prescribed in Points a and b of this Clause, if the application is submitted by post, copies of documents prescribed in Clause 1 Article 2 of this Decree are also require; if the partner being Vietnamese citizen obtained divorce or marriage annulment at the foreign competent authority, a copy of record of such divorce or marriage annulment prescribed in Clause 2 Article 37 of this Decree is also required.

2. Time limit for marriage record is 5 working days, from the date on which Committee Division of Justice receives the application.

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

3. Procedures for marriage record shall be consistent with Clause 2 Article 50 of the Law on civil status and the following:

a) If the application is considered satisfactory as prescribed in Article 34 of this Decree, Chief of Committee Division of Justice shall document the marriage in the vital records and request the President of People’s Committee of district to sign the original copy from the vital records to the applicant.

b) If the application is considered unsatisfactory as prescribed in Clause 1 Article 36 of this Decree, Chief of Committee Division of Justice shall request the President of People’s Committee of district to refuse it.

Article 36. Refusal to marriage record

1. An application for marriage record shall be refused in any of the following cases:

a) The marriage infringes the Law on marriage and family.

b) The Vietnamese citizen gets married to a foreigner at a foreign diplomatic missions or consular agent in Vietnam.

2. If the application for marriage registration is refused, Committee Division of Justice shall provide the applicant with explanation in writing.

Section 3. DOCUMENTING IN VITAL RECORDS DIVORCE OR MARRIAGE ANNULMENT SETTLED AT COMPETENT FOREIGN AUTHORITIES

Article 37. Procedures for documenting in the vital records divorce and marriage annulment

1. Any divorce or marriage annulment judgment and decision, any divorce agreement that is legally effective or another document recognizing the divorce issued by a foreign competent authority (hereinafter referred to as divorce paper) without any violation against the Law on marriage and family shall be permitted to be documented in the vital records.

2. A Vietnamese citizen who obtained divorce or marriage annulment abroad and then return Vietnam to permanently reside or apply for new marriage registration at the competent authority in Vietnam shall apply for documenting such divorce or marriage annulment that has been settled abroad in the vital records (hereinafter referred to as divorce record). In case of multiple divorces of marriage annulments, only the latest divorce record is required.

3. According to the official information, the Ministry of Justice shall post on its website a list of divorce and marriage annulment judgments and decisions of Vietnamese citizens that have been settled by foreign competent authorities with applications for enforcement in Vietnam or non-recognition in Vietnam.

Article 38. The power to documenting divorce record

The power to document divorce record shall be determined as prescribed in Clause 2 Article 48 of the Law on civil status and the following:

1. The People’s Committee of district which granted the marriage registration or documented former marriage in the vital records shall document the divorce record.

If the former marriage or marriage record is made at Services of Justice, the marriage record shall be documented by the People’s Committee of district where the Vietnamese citizen resides.

If the former marriage is made the People’s Committee of commune, the divorce record shall be documented by the superior People’s Committee of district.

If the Vietnamese citizen does not permanently reside in Vietnam, the divorce record shall be made by the People’s Committee of district where he/she resided before leaving Vietnam’s territory.

2. If an overseas Vietnamese returning to Vietnam for permanent residence applies for divorce record and his/her former marriage registration was granted at a representative body or a foreign competent authority, the divorce record shall be made by the People’s Committee of district where he/she permanently resides.

3. If an overseas Vietnamese applies for divorce record for new marriage and his/her former marriage registration was granted at a representative body or a foreign competent authority, the divorce record shall be made by the People’s Committee of district which receives the application for new marriage registration.

Article 39. Procedures for divorce record

1. An application for divorce record shall include:

a) An application form as prescribed;

b) A copy of divorce paper legally effective.

2. Procedures for divorce record shall be consistent with Clause 2 Article 50 of the Law on civil status and the following:

a) Within 5 working days, from the date on which the satisfactory application is received as prescribed in Clause 1 of this Article, the civil status official of Committee Division of Justice shall verify the application. If the divorce record does not infringe regulation in Clause 1 of Article 37 or is not permitted to be posted on the Ministry of Justice’s website as prescribed in Clause 3 Article 37 of this Decree, Chief of Committee Division of Justice shall document such divorce record and request the President of People’s Committee of district to issue an original copy to the applicant.

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

b) If the divorce record infringes regulation in Clause 1 of Article 37 or is permitted to be posted on the Ministry of Justice’s website as prescribed in Clause 3 Article 37 of this Decree, Chief of Committee Division of Justice shall request the President of People’s Committee of district to refuse such application.

c) If the former marriage was registered at the People’s Committee of commune or Service of Justice, Committee Division of Justice shall, after documenting the divorce record, give a notice enclosed with the copy of vital records to the People’s Committee of commune or Service of Justice for further documenting in the relevant vital records. If the former marriage was registered at a representative body, a copy of vital records shall be sent to the Ministry of Foreign Affairs, and Ministry of Foreign Affairs shall then forward it to representative body for further documenting in the relevant vital records.

Section 4. BIRTH, MARRIAGE OR DEATH RE-REGISTRATION

Article 40. Conditions for birth, marriage or death re-registration

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

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

Article 41. The power to grant birth, marriage or death re-registration

1. The People’s Committee of district which granted former birth, marriage or death registration shall the power to grant birth, marriage or death re-registration.

2. If the former birth, marriage or death registration was granted by the People’s Committee of commune, the birth, marriage or death re-registration shall be granted by the superior People’s Committee of district.

3. If the former birth, marriage or death registration was granted by the People’s Committee of province or Service of Justice, the birth, marriage or death re-registration shall be granted by the People’s Committee of district where the applicant resides; if such applicant does not reside in Vietnam, the birth, marriage or death re-registration shall be granted by the People’s Committee of district where Service of Justice is headquartered.

Article 42. Procedures for birth, marriage or death re-registration

Procedures for birth, marriage or death re-registration shall be conducted in accordance with Articles 26, 27, and 28 of this Decree.