Chương I Thông tư 15/2015/TT-BTP hướng dẫn Luật hộ tịch và Nghị định 123/2015/NĐ-CP hướng dẫn Luật hộ tịch do Bộ trưởng Bộ Tư pháp ban hành: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular elaborates Clause 2 Article 6, Clause 2 Article 66 of the Law on Civil Status regarding authorization of civil registration; conditions and procedures for mobile birth, marriage and death registration; promulgates and provides guidelines for use and management of civil status registers, birth certificates, marriage certificates, civil status extracts and other civil status forms (hereinafter referred to as “civil status documents”); provides guidelines for the Government's Decree No. 123/2015/ND-CP dated November 15, 2015 elaborating some Articles of the Law on Civil Status (hereinafter referred to as “the Decree No. 123/2015/ND-CP”) on receipt of applications for and return of result of civil registration and birth registration for children born abroad and taken to reside in Vietnam; recording of  the birth registration granted abroad in the civil status registers; birth registration for those who have had their personal documents; documents used as the basis for birth re-registration; evidence proving father and child or mother and child relationship; simultaneous processing of the applications for birth registration and for recognition of parent-child relationship.

Article 2. Authorization of civil registration

1. The person who applies for copies of civil status extracts and for registration of the vital events specified in Article 3 of the Law on Civil Status may authorize another person to do so, except for marriage registration/re-registration and registration of recognition of parent-child relationship.

2. The authorization shall be made in writing. The power of attorney shall be notarized and certified as prescribed by law. The scope of authorization may cover the entire period over which the application for civil registration is submitted and the result is returned in accordance with the procedures for civil registration.

In the cases where the authorized person is the grandfather, grandmother, father, mother, child, spouse or sibling of the authorizing person, the power of attorney is not required to be notarized and certified, but the documentary evidence for such relationship is required.

3. When submitting the application for birth registration, marriage re-registration or recognition of parent-child relationship, a party that so requests may submit the application at the competent civil registry without obtaining the other party’s power of attorney.

Article 3. Receiving applications for and returning results of civil registration

1. Upon receipt of the application, the recipient shall promptly inspect it. If the application is unsatisfactory, the recipient shall instruct the applicant to complete it as prescribed. If the application fails to be completed immediately, it is required to give the applicant written guidelines, specifying the type of additional documents and bearing the signature and full name of the recipient.

2. The recipient shall sufficiently and correctly receive the application for civil registration as prescribed by law and shall not request the applicant for civil registration to submit additional documents that are not prescribed by the law on civil status.

3. In case the applicant for civil registration submits non-certified copies enclosed with originals of the documents for comparison, the recipient shall inspect, compare the copies with the originals and sign the copies, and shall not require any other copies of these documents.

If specific documents to be presented upon civil registration are prescribed by law, the recipient shall inspect presented documents, compare them with the information provided in the application form and return them to the applicant, and shall not require any other copies of these documents. The recipient may take a photocopy of the presented document or record the details of the presented document.

4. Upon returning the result of civil registration, the person returning the result shall instruct the applicant for civil registration to check the information provided in the civil status document and civil status register. If the applicant for civil registration finds the information is correct and conformable with the application for civil registration, he/she shall specify their full name in the civil status register under the guidance of the person returning the result and receive the corresponding civil status document. The applicant's signature on the application form for civil registration must be consistent with the one on the civil status documents and civil status register. Different signatures are unacceptable. In case the applicant for civil registration fails to write in his/her signature, he/she shall press his/her fingerprints.

5. Upon returning the results of marriage registration/re-registration, the male and female partners must be present. Upon returning the result of recognition of parent-child relationship, both parties must be present.

Article 4. Processing applications for civil registration in case of failure to receive verification result

1. Regarding the civil registration that requires the submission of written request for verification as prescribed by the Law on Civil Status, Decree No. 123/2015/ND-CP and this Circular, if the written response to the verification is not obtained within the prescribed time limit, the civil registry shall allow the applicant for civil registration make a written commitment on the contents that need verifying. The applicant for civil registration shall be responsible for his/her committed contents.

2. In case the civil registry allows the applicant for civil registration to make a written commitment on the registered content, the civil registry shall clearly explain responsibility and legal consequences for the untruthful commitment to the applicant.

The civil registry shall refuse the application for civil registration or as prescribed in Article 5 of this Circular or cancel the result of civil registration if there are grounds to believe that the committed contents are untruthful.

Article 5. Refusing applications for civil registration

If the applicant fails to complete the application for civil registration as prescribed in Clause 1 Article 3 of this Circular, the recipient shall refuse to receive the application.

The refusal shall be made in writing. The written refusal shall clearly specify reasons for refusal and bear the signature and full name of the recipient. In case the applicant disagrees with the refusal, he/she may file a complaint as prescribed by law.

Bài viết liên quan