Chương II 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: Hướng dẫn đăng ký một số việc hộ tịch

Chapter II

GUIDELINES FOR REGISTRATION OF SOME VITAL EVENTS

Section 1. BIRTH REGISTRATION AND RECORDING OF BIRTH REGISTRATION GRANTED ABROAD IN CIVIL STATUS REGISTERS

Article 6. Birth registration for children born abroad and taken to reside in Vietnam

The birth registration for a child who was born abroad and whose either parent or parents is/are both Vietnamese citizen(s) but has yet to have his/her birth registered abroad and is taken to reside in Vietnam shall be carried out according to Article 29 of the Decree No. 123/2015/ND-CP and the following instructions:

1. Documentary evidences for the child’s residence in Vietnam prescribed in Clause 2 Article 29 of the Decree No. 123/2015/ND-CP include documentary evidences for the child’s entry into Vietnam (such as passport and international travel document bearing the seal of the Immigration Department) and competent police authority’s written confirmation of the child's residence in Vietnam.

2. The child’s full name shall be determined as prescribed in Point a Clause 1 Article 4 of the Decree No. 123/2015/ND-CP.

3. The child’s nationality to be specified in the birth certificate shall be determined as prescribed by the law on nationality.

Article 7. Recording of birth registration granted abroad in civil status registers

In case a Vietnamese citizen that was born abroad and has his/her birth registered at a competent authority in a foreign country but currently resides in Vietnam wishes to apply for recording of birth registration in the civil status register, it is required to follow the instructions below, as the case may be:

1. If the birth certificate issued by a competent authority in a foreign country shows the applicant’s Vietnamese nationality, the People’s Committee of the district, urban district, town or provincial-affiliated city (hereinafter referred to as “the People’s Committee of the district”) of the area where the applicant resides shall record the birth registration in the civil status register in accordance with Section 6 Chapter III of the Law on Civil Status and grant an extract showing the birth registration that has been recorded in the civil status register.

2. If the applicant’s parent is a Vietnamese citizen and the other is a foreigner, the birth certificate and international travel document issued by a competent authority in a foreign country does not specify the applicant’s nationality and the parents have made a written agreement to select Vietnamese nationality for their child or the parents fail to reach an agreement on selection of nationality for their child, the People’s Committee of the district of the area where the applicant resides shall record the birth registration in the civil status register in accordance with Section 6 Chapter III of the Law on Civil Status and grant an extract showing the birth registration and Vietnamese nationality that has been recorded in the civil status register.

Article 8. Birth registration for those who have had their personal documents

1. If a Vietnamese citizen who resides at home and was born before January 01, 2016 is yet to have his/her birth registered but has personal documents (originals or certified copies) such as identity documents specified in Clause 1 Article 2 of the Decree No. 123/2015/ND-CP, family register,  temporary residence register and other documents issued by Vietnam’s competent authority and wishes to apply for birth registration, the People’s Committee of the commune of the area where such citizen resides shall grant birth registration.

2. If an overseas Vietnamese that is yet to have his/her birth registered has the personal documents which are provided in Clause 1 of this Article and specify his/her place of birth as Vietnam and wishes to apply for birth registration, the People’s Committee of the district of the area where such person resides shall grant birth registration.

3. The application for birth registration in the cases specified in Clauses 1 and 2 of this Circular includes an application form for birth registration, a written commitment on the fact that birth registration is yet to be granted and the documents prescribed in Points b and c Clause 1 Article 26 of the Decree No. 123/2015/ND-CP. The procedures for birth registration are the same as those specified in Clauses 2, 3 and 5 Article 26 of the Decree No. 123/2015/ND-CP and Clauses 3 and 4 Article 9 Article 10 of this Circular.

Article 9. Documents used as basis for birth re-registration

Documents used as basis for birth re-registration according to Article 26 of the Decree No. 123/2015/ND-CP include:

1. A copy of the birth certificate issued by a competent authority of Vietnam (notarized or certified copy, copy issued according to the birth register).

2. An original or copy of the document used as a substitute for the birth certificate issued before 1945 in the North and before 1975 in the South.

3. If the applicant for birth re-registration does not have any documents specified in Clauses 1 and 2 of this Article, the following valid documents issued by a competent authority of Vietnam shall serve as the basis for determination of the re-registered contents:

a) ID card, Citizen Identity Card or passport;

b) Family register, temporary residence register, documentary evidence for his/her residence;

c) Diploma, certificates, academic transcript and academic records issued or certified by a competent training institution;

d) Other documents specifying the applicant’s full name and date of birth;

dd) Documentary evidences for parent-child relationship.

The applicant for birth re-registration shall submit all copies of the aforementioned documents (if any) and undertake that he/she submits all documents that he/she has. If the applicant makes an untruthful commitment and deliberately submits copies of documents favorable to him/her to apply for birth re-registration, the application for birth re-registration will be considered invalid.

In case the applicant is an official, public official, public employee or armed force official, a written confirmation of the head of the authority that is prescribed in Point c Clause 1 Article 26 of the Decree No. 123/2015/ND-CP is required.

4. In case the birth is re-registered against regulations of the Law on Civil Status, Decree No. 123/2005/ND-CP and this Circular, the issued birth certificate will be considered invalid, revoked and cancelled. The applicant shall, according to the degree of violation, incur penalties as prescribed by law.

Article 10. Determination of re-registered contents

1. If the applicant for birth re-registration has the documents specified in Clause 4 Article 26 of the Decree No. 123/2015/ND-CP and Clauses 1 and 2 Article 9 of this Circular, the re-registered contents shall be determined according to such documents.

In case of any change in the information about the applicant’s parents and the applicant that is specified in the issued documents, such applicant shall provide documentary evidences for such change. If the change in information is made in adherence to regulations of law, the re-registered contents shall be determined according to the changed information. The information before the change shall be recorded in the “Phần ghi chú những thay đổi sau này” (“Notes of later changes”) section at the back of the birth certificate and the “Ghi chú” (“Notes”) section of the birth register.

For example: Nguyen Van A’s birth certificate issued in 1975 specifies his father's full name as Nguyen Van B born in 1950 and holding Vietnamese nationality. But Nguyen Van B currently renounces his Vietnamese nationality, acquires German nationality and changes his full name to Nguyen Henry. Upon birth re-registration for Nguyen Van A, the applicant shall present the decision by the President of the Socialist Republic of Vietnam on the renouncement of Vietnamese nationality and documentary evidences for German nationality and change of father’s name. The particulars concerning the father on the birth certificate shall be specified as follows:

“Họ tên cha: Nguyen Henry, sinh năm 1950, quốc tịch Đức” (“Full name of father: Nguyen Henry, born in 1950, German nationality”).

The “Phần ghi chú những thay đổi sau này” (“Notes of later changes”) section at the back of the birth certificate and the “Ghi chú” (“Notes”) section of the birth register shall clearly specify: “Người cha thay đổi họ tên và quốc tịch từ Nguyễn Văn B, quốc tịch Việt Nam, thành Nguyen Henry, quốc tịch Đức” (“The father has changed his full name and nationality from Nguyen Van B and Vietnamese to Nguyen Henry and German respectively”).

2. At the time of birth re-registration, in case of any change of the administrative divisions specified in the issued documents, the changed administrative divisions shall be specified. The change of the administrative divisions shall be specified in the “Phần ghi chú những thay đổi sau này” (“Notes of later changes”) section at the back of the birth certificate and the “Ghi chú” (“Notes”) section of the birth register.

For example: Nguyen Van A’s place of birth and place of origin specified in the copy of the previously issued birth certificate was “Vĩnh Thịnh, Vĩnh Lạc, Vĩnh Phú”. The district and provincial-level administrative divisions have now been changed to Vĩnh Tường and Vĩnh Phúc respectively, the changed administrative divisions - “Vĩnh Thịnh, Vĩnh Tường, Vĩnh Phúc” shall be specified.

The “Phần ghi chú những thay đổi sau này” (“Notes of later changes”) section at the back of the birth certificate and the “Ghi chú” (“Notes”) section of the birth register shall clearly specify: “Nơi sinh, quê quán thay đổi từ “Vĩnh Thịnh, Vĩnh Lạc, Vĩnh Phú” thành “Vĩnh Thịnh, Vĩnh Tường, Vĩnh Phúc”. (“The place of birth and place of origin have been changed from “Vĩnh Thịnh, Vĩnh Lạc, Vĩnh Phú” to “Vĩnh Thịnh, Vĩnh Tường, Vĩnh Phúc”).

Section 2. RECOGNITION OF PARENT-CHILD RELATIONSHIP

Article 11. Evidences for parent-child relationship

The evidences for parent-child relationship specified in Clause 1 Article 25 and Clause 1 Article 44 of the Law on Civil Status include one of the following documents:

1. Certificate of father-child or mother-child relationship issued by a health agency or assessment agency or another competent authority of Vietnam or foreign country.

2. The certificate specified in Clause 1 of this Article may be replaced by letters, photos, videos, records, tools and other things proving parent-child relationship and the written commitment made by parents with the witness of at least two relatives to certify that they are that child’s parents.

The civil registry shall clearly explain the responsibility and legal consequences for giving untruthful undertakings and witness statements.

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

Article 12. Simultaneous processing of the applications for birth registration and for recognition of parent-child relationship

In case a person applies for recognition of parent-child relationship upon birth registration for children, the civil registry shall simultaneously process the application for birth registration and for recognition of parent-child relationship as follows:

1. An application includes:

a) Application form for birth registration and application form for recognition of parent-child relationship made using the prescribed form;

b) A certificate of live birth or an equivalent document prescribed in Clause 1 Article 16 of the Law on Civil Status;

c) Evidences for parent-child relationship prescribed in Article 11 of this Circular.

2. Other documents. Procedures for processing applications shall be carried out as prescribed in Clauses 1 and 2 Article 16 and Article 25 of the Law on Civil Status within the power of the People's Committee of the commune, and as prescribed in Clauses 1 and 2 Article 36 and Article 44 of the Law on Civil Status within the power of the People's Committee of the district.

Birth registration contents shall be determined as prescribed in Article 4 of the Decree No. 123/2015/ND-CP. The birth certificate and extract of parent and child recognition certificate shall be issued to the applicant at the same time.

Article 13. Guidelines for registration of parent-child recognition and civil supplementation in some special cases

1. In the cases where a couple cohabits, has not applied for marriage registration, gives birth and the child lives with his/her father, if the father fails to contact the child's mother upon applying for recognition of father-child relationship, it is not required to collect mother's opinions to be specified in the application form for recognition of parent-child relationship.

If the certificate of live birth and mother’s personal documents are available, the particulars concerning the mother shall be specified according to such certificate of live birth and personal documents. If the certificate of live birth and mother’s personal documents are not available, the particulars concerning the mother shall be specified according to the information provided by the father and he shall take responsibility for such information.

2. In case the child was born by the wife before applying for marriage registration and has his/her birth registered without any information about the father and the acknowledgement showing the couple is the child’s parents is available, it is not required to apply for registration of parent-child recognition but apply for civil status supplementation to add information about the father to the birth register and birth certificate of the child.

3. In case the child was born by the wife before applying for marriage registration and has yet to have his/her birth registered but the acknowledgement showing the couple is the child’s parents is available upon birth registration, the information about the father shall be immediately specified in the child's birth certificate without applying for registration of parent-child recognition.

The civil registry shall clearly explain the responsibility and legal consequences for provision of untruthful information about the mother prescribed in Clause 1 of this Article and untruthful acknowledgement prescribed in Clauses 2 and 3 of this Article.

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 information provided to the civil registry is untruthful.

Section 3. MOBILE BIRTH, DEATH AND MARRIAGE REGISTRATION

Article 14. Cases in which mobile birth, death and marriage registration are granted

1. In the cases where the child’s parents fails to register their child’s birth due to their disability or illness, the child's parents are arrested, kept in temporary detention or sentenced to imprisonment and none of the child’s relative is able to register the child’s birth, the People’s Committee of the commune shall grant mobile birth registration.

In the cases where the deceased does not have any relative or the relative does not live within the same commune or the old, weak or disabled person fails to register death, the People’s Committee of the commune shall grant mobile death registration.

In the cases where the male and female partners temporarily reside within the same commune but either or both male and female partner(s) fail(s) to register marriage due to their disability or illness, the People’s Committee of the commune shall grant mobile marriage registration.

2. In addition to the cases specified in Clause 1 of this Article, the People's Committee of the commune shall, according to current situation, decide to grant mobile birth, death and marriage registration.

3. The People’s Committee of the commune shall arrange time and provide funding and personnel for mobile civil registration as prescribed in Clauses 1 and 2 of this Article in an appropriate manner, ensuring the people’s birth, death and marriage events are sufficiently registered and the civil status management is strengthened in the commune.

Article 15. Procedures for mobile birth and death registration

1. The commune-level justice and civil status official assigned to grant mobile birth and death registration shall sufficiently prepare specimens of application forms and civil status documents and satisfy necessary conditions for granting mobile registration in a private house or location for mobile registration in a manner that facilities the registration.

In the location for mobile registration, the justice and civil status official shall instruct the applicant to complete the application and shall inspect the documents used as the basis for birth/death registration in accordance with regulations of the Law on Civil Status, Decree No. 123/2015/ND-CP and this Circular and complete the application receipt note. The result of mobile birth/death registration shall be returned within 05 working days from the receipt of the application.

2. Within 02 working days from the receipt of the application according to Clause 1 of this Article, the justice and civil status official shall request the President of People’s Committee of the commune to sign the civil status document and record the registered contents in the corresponding civil status register.

3. Within 05 working days according to Clause 1 of this Article, the justice and civil status official shall return the civil status document and civil status register to the applicant in the location for mobile registration and instruct the applicant to sign and specify his/her full name in the civil status register as prescribed. The “Ghi chú” (“Notes”) section of the civil status register shall clearly specify “Đăng ký lưu động” (“Mobile registration”).

4. In case the applicant is illiterate, the justice and civil status official shall directly complete the application form and then read the contents to applicant and instruct him/her to press his/her fingerprints on the application form. Upon returning the result of civil registration, the justice and civil status official shall read the information contained in the civil status document to the applicant and instruct him/her to press his/her fingerprints on the civil status register.

This Clause is also applied when carrying out the marriage registration procedures prescribed in Article 16 of this Circular.

Article 16. Procedures for mobile marriage registration

1. The commune-level justice and civil status official assigned to grant mobile marriage registration shall sufficiently prepare specimens of application forms and civil status documents and satisfy necessary conditions for mobile registration. In the location for mobile registration, the justice and civil status official shall inspect and verify the fulfillment of marriage conditions by the male and female partners, instruct the applicant to complete the application form for marriage registration, and complete the application receipt note. The result of mobile marriage registration shall be returned within 05 working days from the receipt of the application.

2. Within 05 working days according to Clause 1 of this Article, if it is considered that the male and female partners are eligible for marriage as prescribed by the Law on Marriage and Family, the justice and civil status official shall request the President of People’s Committee of the commune to sign the marriage certificate and then grant it to the partners in the location for mobile registration.