Chapter III
CIVIL STATUS REGISTRATION INVOLVING FOREIGN ELEMENTS
Section 1. BIRTH REGISTRATION
Article 49. Competence for birth registration
1. The birth registration for a child who is born in Vietnam and whose father and mother are foreigners shall be made at the provincial/municipal Justice Service of the locality where the father or mother resides, if they so request.
2. The birth registration for a child who is born in Vietnam with either parent is a foreigner while the other is a Vietnamese citizen residing overseas shall be made at the provincial/municipal Justice Service of the locality where the mother resides.
3. The birth registration for a child who is born in Vietnam with either parent is a foreigner while the other is a Vietnamese citizen residing in Vietnam shall be made at the provincial/municipal Justice Service of the locality where the Vietnamese mother or father resides.
Article 50. Birth registration procedures
1. The birth registration applicants shall submit the birth-certifying papers or papers substituting for birth-registering papers as provided for in Clause 1, Article 15 of this Decree and produce the marriage certificates of the concerned children's parents (if their parents have marriage certificates).
Where parents select foreign citizenship for their children, the parents' written agreement on citizenship selection is required. Such written agreement must be certified by competent state bodies of the countries of which the foreign partners are citizens that the selection of citizenship for their children is compliant with the laws of such countries.
2. After the full receipt of valid papers, civil status officials of provincial/municipal Justice Services shall record relevant information in the birth registration books and the original birth certificates and directors of provincial/ municipal Justice Services shall sign and grant the original birth certificates to the birth registration applicants, each with one. The duplicates of birth certificates shall be issued at the request of birth registration applicants.
3. In case of birth registration for out-of-wedlock children, if their fathers are unidentifiable, the section for information on father in the birth registration books and the birth certificates shall be left blank. If by the time of birth registration there appear persons who claim the children, provincial/municipal Justice Services shall settle the recognition of children and birth registration at the same time.
4. Children may have Vietnamese or foreign names, depending on their parents' selection.
Section 2. DEATH REGISTRATION
Article 51. Competence for death registration
1. The death registration for foreigners or Vietnamese citizens residing overseas who die in Vietnam shall be made at the provincial/municipal Justice Services of the last places of residence of such persons, if their relatives so request.
2. Where the deceased persons' last residence places are unidentifiable, the provincial/municipal Justice Services of the localities where such persons die shall carry out death registration.
Article 52. Death registration procedures
1. The death registration applicants must submit the death notices or papers substituting for death notices under the provisions of Article 22 of this Decree.
2. After the full receipt of valid papers, civil status officials of provincial/municipal Justice Services shall record relevant information in the death registration books and the original death certificates. Directors of provincial/municipal Justice Services shall sign and grant the original death certificates to the death registration applicants, each with one. The duplicates of death certificates shall be issued at the request of death registration applicants.
3. After registration of deaths, provincial/municipal Justice Services shall send to the Consular Department of the Ministry of Foreign Affairs the duplicates of death certificates for notification to competent bodies of the countries of which the deceased persons were citizens or where such persons resided.
Section 3. REGISTRATION OF GUARDIANSHIP
Article 53. Competence for registration of guardianship
The registration of guardianship between Vietnamese citizens and foreigners who are both residing in Vietnam shall be made at the provincial/municipal Justice Services of the localities where the guardians or their wards reside.
Article 54. Procedures for registration of guardianship and registration of guardianship termination or changes
1. The procedures for registration of guardianship between Vietnamese citizens and foreigners who are both residing in Vietnam shall comply with the provisions of Article 30 of this Decree.
2. After the registration of guardianship, the provincial/municipal Justice Services shall send to the commune-level People's Committees of the localities where the guardians and their wards reside the duplicates of decisions recognizing the guardianship, for supervising the guardianship according to the provisions of the Civil Code.
3. The procedures for registration of termination, change of guardianship between Vietnamese citizens and foreigners who both reside in Vietnam shall comply with the provisions of Article 31 of this Decree.
Section 4. RECORDING IN CIVIL STATUS BOOKS OF CIVIL STATUS EVENTS OF VIETNAMESE CITIZENS WHICH HAVE BEEN REGISTERED AT COMPETENT AGENCIES OF FOREIGN COUNTRIES
Article 55. Cases which must be recorded in civil status books and competence to record them in civil status books
1. Vietnamese citizens who have registered at competent bodies of foreign countries the events of birth; marriage; recognition of father, mother, child; child adoption, when returning to Vietnam for permanent residence, shall have to carry out procedures for recording thereof in the civil status books according to the provisions of this Section.
2. The recognition of marriage; child adoption; recognition of father, mother, child, which have been registered with competent bodies of foreign countries under the provisions of the Government's Decree No. 68/2002/ND-CP of July 10, 2002, detailing the implementation of a number of articles of the Law on Marriage and Family involving foreign elements, shall also be recorded in civil status books according to the provisions of this Section.
3. The provincial/municipal Justice Services of the localities where the involved persons reside shall effect the recording in civil status books.
Article 56. Civil status book-recording procedures
1. Persons who request the recording in civil status books must produce the originals or duplicates of civil status papers necessary for the recording.
2. After examining the valid papers, civil status officials of provincial/municipal Justice Services shall carry out the recording according to the provisions of Article 57 of this Decree.
Article 57. Ways of recording civil status books
1. The civil status book recording shall be carried out as follows:
a/ Births shall be recorded in birth registration books;
b/ Marriages shall be recorded in marriage registration books;
c/ The recognition of father, mother, child shall be recorded in father, mother, child recognition registration books;
d/ Child adoptions shall be recorded in child adoption registration books.
2. The recording in civil status books must strictly comply with the contents of the civil status papers produced by the involved persons; for contents available in civil status books but not in civil status papers, the recording shall not be made while the contents available in civil status papers but not in civil status books shall be recorded in the notes column of civil status books.
3. For civil status papers of Vietnamese citizens returning from overseas for permanent residence, after making notes in civil status books, directors of provincial/municipal Justice Services shall sign and grant the new original civil status papers to the involved persons. Books for recording civil status events shall serve as the basis for subsequent issuance of duplicates of civil status papers.
For the recognition of marriage; child adoption; recognition of father, mother, child under the provisions of Clause 2, Article 55 of this Decree, after making notes in civil status books, directors of provincial/municipal Justice Services shall sign and grant the note- making certificates to the involved persons.
Section 5. RE-REGISTRATION OF BIRTHS, DEATHS, MARRIAGES, CHILD ADOPTIONS
Article 58. Conditions, competence for re-registration of births, deaths, marriages, child adoptions
1. Births, deaths, marriages, child adoptions of Vietnamese citizens residing overseas or foreigners which have been registered in Vietnam but for which the original civil status papers and the civil status books have been lost or unusable damaged can be re-registered.
2. The Justice Services of the provinces (or cities) where the involved persons previously registered births, deaths, marriages, child adoptions shall be entitled to make the re-registration thereof.
Article 59. Procedures for re-registration of births, deaths, marriages, child adoptions
1. The applicants for re-registration of births, deaths, marriages, child adoptions must submit their declarations (made according to a set form).
Where births, deaths, marriages, child adoptions were previously registered at commune-level People's Committees, the certification of such registration by such commune-level People's Committees is required, except where the involved persons can produce copies of the valid civil status papers previously granted.
2. Within 5 days after the full receipt of valid papers, civil status officials of provincial/municipal Justice Services shall record civil status events in corresponding civil status registration books and original birth certificates, death certificates, marriage certificates or child adoption-recognizing decisions. Directors of provincial/municipal Justice Services shall sign and grant the original civil status papers to the involved persons, each with one. Old civil status papers relating to the re-registered civil status events (if any) shall be recovered and filed. In the notes column of the civil status books and below the heading of the original civil status papers, the words "dang ky lai" (re-registration) must be clearly written.
3. Where it is necessary to make verification, the above-said time limit may be prolonged for 5 days at most.
4. The determination of contents upon re-registration of births, deaths, marriages, child adoptions shall comply with the provisions of Clause 3 of Article 48 of this Decree. In cases where the involved persons have been permitted to relinquish Vietnamese citizenship, have been naturalized overseas, the section on citizenship in the civil status book and civil status papers must still be written with the Vietnamese citizenship. The current citizenship of the involved persons shall be noted in the civil status books and on the back of the civil status papers.
5. Upon re-registration of marriages or child adoptions, the presence of the involved persons is required. The marriage relations or relations between adoptive parents and their adopted children shall be recognized as from the date of previous registration of marriage or child adoption.
Tìm kiếm
Nghị định 158/2005/NĐ-CP (Bản Word)