Chương III 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: Mẫu giấy tờ, sổ hộ tịch; hướng dẫn quản lý, sử dụng giấy tờ, sổ hộ tịch

Chapter III

SPECIMENS OF CIVIL STATUS DOCUMENTS AND REGISTERS; GUIDELINES FOR MANAGEMENT AND USE OF CIVIL STATUS DOCUMENTS AND REGISTERS

Section 1. SPECIMENS OF CIVIL STATUS DOCUMENTS AND REGISTERS

Article 17. Promulgation of lists of specimens of civil status documents and registers

1. The following lists are promulgated together with this Circular:

a) List of civil status documents printed and released by the Ministry of Justice (Appendix 1);

b) List of civil status registers printed and released by the Ministry of Justice (Appendix 2);

c) List of civil status documents published on the web portal of the Ministry of Justice and printed and used by civil registries themselves (Appendix 3);

d) List of civil status registers published on the web portal of the Ministry of Justice and printed and used by the civil registries themselves (Appendix 4).

dd) List of specimens of application forms for civil registration published on the web portal of the Ministry of Justice and printed and used by the civil registries and the people themselves (Appendix 5).

2. Standards in sizes, colors and specifications of specimens of civil status documents and registers are provided in the Appendices promulgated together with this Circular.

Article 18. The power to print and release specimens of civil status documents and registers

1. Birth certificates, marriage certificates, birth registers, marriage registers and death registers are promulgated together with the lists specified in Points a and b Clause 1 Article 17 of this Circular are printed and released by the Ministry of Justice.

The Departments of Justice of provinces and central-affiliated cities shall contact the Ministry of Finance in order to be provided with civil status documents and registers on their demand.

2. The civil registry using civil registration software and ensuring that specimens of civil status documents and registers are printed according to the standards in sizes and specifications specified in Clause 2 Article 17 of this Circular and recognized by the Ministry of Justice may provide the specimens of birth certificate and marriage certificate (according to the list specified in Point a Clause 1 Article 17).

3. Specimens of civil status extracts (originals and copies) promulgated together with the list specified in Point c Clause 1 Article 17 of this Circular and specimens of application forms for civil registration promulgated together with the list specified in Point dd Clause 1 Article 17 of this Circular are published on the web portal of the Ministry of Justice (www.moj.gov.vn). Civil registries are allowed to access the web portal and print such specimens themselves.

The applicants for civil registration shall access the web portal of the Ministry of Justice in order to print and use specimens of application forms for civil registration themselves. In case the applicants for civil registration fail to print the specimens themselves, the civil registry shall print and deliver them to the applicants for free.

4. Specimens of civil status registers promulgated together with the list specified in Point d Clause 1 Article 17 of this Circular are published on the web portal of the Ministry of Justice (www.moj.gov.vn). Civil registries are allowed to access the web portal and print such specimens themselves.

In case domestic civil registries fail to print the specimens themselves, Departments of Justice of provinces and central-affiliated cities shall print and deliver them to civil registries for free within the provinces and central-affiliated cities.

5. Civil registries shall take responsibility for the use of civil status documents and registers that are printed and released against the regulations of this Circular.

Section 2. GUIDELINES FOR RECORDING INFORMATION IN CIVIL STATUS REGISTERS AND DOCUMENTS

Article 19. Rules for recording information in civil status registers and documents

1. Commune-level justice and civil status officials, civil status officials of Departments of Justice, members of diplomatic missions and consular posts (hereinafter referred to as "civil status officials”) shall record information in civil status registers and documents themselves. The information must be accurate. The words must be clear and not be abbreviated and erased, must be written in good and same type of ink. Different inks and red ink must not be used.

In case information technology is applied to print civil status documents through computers, it is required to print them in a good and black ink that should not be blurred or faded.

2. The civil status register shall be affixed with a seal on the margin of each consecutive page. Information shall be recorded in the register continuously from page to page without any page left blank.

3. The registration numbered in a year on each type of civil status register must be written in a chronological order from the beginning to the end of the year, starting from 01. In case the register has no page left blank before the end of the year, another register shall be used and the registration shall be numbered from the last registration numbered on the previous register.

For example: The first 2016 birth register has no page left blank and the last registration numbered (of the last page) is 200, the next registration numbered will be 201 upon switching to the second register.

4. The registration numbered on an individual's civil status document shall be the same as that numbered on the civil status register according to Clause 3 of this Article.

5. Columns and sections of the civil status registers and documents shall be sufficiently and accurately filled in according to the instructions specified in the civil status registers and this Circular. The date must be specified according to the solar calendar.

6. The civil status changes according to judgments or decisions by competent authorities shall be recorded in civil status registers as follows:

a) The nationality change shall be recorded in the “Ghi chú” (“Notes”) section of the birth register and of other civil status registers  which contain registered information about the person who has changed his nationality;

b) The recognition of parent-child relationship shall be recorded in the “Ghi chú” (“Notes”) section of the child’s birth register;

c) The sex reassignment shall be recorded in the “Ghi chú” (“Notes”) section of the birth register of the person whose sex has been reassigned;

d) Child adoption and termination of child adoption shall be recorded in the child adoption register;

dd) The divorce, annulment of illegal marriages and recognition of marriages shall be recorded in the “Ghi chú” (“Notes”) section of the marriage register;

e) The recognition of guardianship shall be recorded in the guardianship register;

g) The declaration or cancellation of declaration of a person who has gone missing, has been incapacitated or has had limited legal capacity shall be recorded in the “Ghi chú” (“Notes”) section of the child’s birth register;

h) The declaration or cancellation of declaration of death of a person shall be recorded in the death register.

7. Vietnamese citizen’s vital events that have been handled by competent authorities in a foreign country shall be recorded in civil status registers as follows:

a) The birth registration shall be recorded in the birth register;

b) The marriage registration shall be recorded in the birth register;

c) The guardianship registration shall be recorded in the guardianship register;

d) The recognition of parent-child relationship, and parent and child identification shall be recorded in the register of recognition of parent-child relationship. In case the child's birth has been registered in Vietnam, the People's Committee of the district shall request the registry that has granted birth registration to add another entry to the birth register;

dd) The child adoption shall be recorded in the child adoption register;

e) The civil status changes shall be recorded in the register of civil status change/correction/supplementation or ethnic group re-determination and added to the register of other vital events;

g) The divorce and annulment of marriages shall be recorded in the marriage note. If the marriage and the overseas marriage certificate were registered and applied for at a competent authority of Vietnam, the People’s Committee of the district shall request the registry that has granted marriage registration and issued overseas marriage certificate to add another entry to the birth register;

h) The death registration shall be recorded in the death register.

8. Each civil registry that is retaining civil status registers shall record information in civil status registers according to Clause 6 of this Article after receiving the judgment or decision.

If civil status registers are retained by a registry and also its superior registry, the civil registry that records information in civil status registers after receiving the judgment or decision shall request the remaining registry that is retaining civil status registers to record information in the civil status registers to ensure update synchronization.

9. Upon recording information in civil status registers, it is required to record it according to the information contained in the civil status document. The information that is available in the civil status register but is not available in the   civil status document shall be left blank, otherwise, the information that is available in the civil status document but is not available in the civil status register shall be specified in the “Ghi chú” (“Notes”) section of the civil status register.

In case the civil status information contained in the civil status documents and registers is yet to be identified, it is allowed to leave it blank and not allowed to put a cross or a mark.

Article 20. Guidelines for recording administrative divisions in the civil status documents and registers upon changes of administrative divisions

1. In case of any change of administrative divisions, it is required to record current administrative divisions at the time of registration.

2. Upon issuance of the copy of the civil status extract, the registered administrative divisions written on the civil status register shall be specified in the administrative division section of the copy of the civil status extract.

Article 21. Guidelines for recording information in birth certificates and birth registers

1. Full name of the person whose birth is registered must be written in capital letters and accented.

2. Date of birth of the person whose birth is registered is the calendar date, written in numbers and words.

3. The “Nơi sinh” (“Place of birth”) section shall be specified as follows:

a) In case a child was born in a hospital, maternity ward, medical station or health facility (hereinafter referred to as "the health facility"), name of such health facility and of the administrative division where the health facility is located shall be specified.

b) In case a child was born in a health facility other than that specified in Point a of this Clause, including the cases where the child was born at home, in a vehicle, on road or in another place, the “Nơi sinh” (“Place of birth”) shall be specified according to the administrative division where the child was born (specify the administrative division that has 3 levels).

c) In case the child was born abroad, the “Nơi sinh” (“Place of birth”) section shall be specified according to name of the city and the country where the child was born. In case the child was born in a federation, name of the city, the state and the federation shall be specified.

4. The “Nơi cư trú” (“Place of residence”) section shall be specified as follows:

a) In case a Vietnamese citizen resides in Vietnam, it is required to specify the place of permanent residence. In case of no place of permanent residence, specify the place of temporary residence.

b) In case a Vietnamese citizen resides abroad, specify his/her permanent or temporary address in the foreign country.

Guidelines for recording information in the “Nơi cư trú” (“Place of residence”) section shall be also applied to record information in the “Nơi cư trú” (“Place of residence”) of other civil status registers and documents.

5. The “Giấy tờ tùy thân” (“Personal documents”) of the applicant for birth registration, including the documents specified in Clause 1 Article 2 of the Decree No. 123/2015/ND-CP shall clearly specify: name and number of the documents, issuing authority and place of issue.

For example: - Giấy CMND số 030946299, Công an thành phố Hải Phòng cấp ngày 01/01/2011 (“ID card No. 030946299 issued by police authority of Hai Phong city on January 01, 2011”).

- Hộ chiếu số B234567, Cục QLXNC cấp ngày 14/02/2012 (“Passport No. B234567 issued by the Department of Immigration on February 14, 2012”).

- Thẻ căn cước công dân số 010116000099, Bộ Công an cấp ngày 01/6/2016 (“Citizen ID card No. 010116000099 issued by Ministry of Public Security on June 01, 2016”).

6. The “Nơi đăng ký khai sinh” (“Place of birth registration”) section shall specify name of the birth registry as prescribed by the Law on Civil Status. To be specific:

a) In case the birth registration is granted within the power of People’s Committee of the commune, specify the administrative divisions with 3 levels (commune, district and province).

For example: UBND phường Cầu Diễn, quận Nam Từ Liêm, thành phố Hà Nội (“People’s Committee of Cau Dien ward, Nam Tu Liem district, Hanoi city”).

b) In case the birth registration is granted within the power of People’s Committee of the district, specify the administrative divisions with 2 levels (district and province).

For example: UBND huyện Kiến Thụy, thành phố Hải Phòng (“People’s Committee of Kien Thuy district, Hai Phong city”).

c) In case the birth registration is granted within the power of the overseas Vietnamese representative mission, specify name of the representative mission and the country where the representative mission is located.

For example: - Đại sứ quán Việt Nam tại CHLB Đức (“Embassy of Vietnam in the Federal Republic of Germany”).

- Tổng lãnh sự quán Việt Nam tại Osaka, Nhật Bản (“Consulate General of Vietnam in Osaka, Japan”).

7. The guidelines for specifying name of the birth registry according to Clause 6 of this Article shall be also applied to specify name of the registry of other vital events according to the Law on Civil Status and Decree No. 123/2015/ND-CP. The name shall be specified consistently in the civil status register and document.

8. The “Phần ghi chú những thay đổi sau này” (“Notes of later changes”) section at the back of the birth certificate shall be used to specify civil status changes, correction and supplementation and ethnic group re-determination and specify the changed civil status information according to the judgment or decision of competent authorities. Upon taking notes, it is required to clearly specify date of taking notes and changed civil status information. Name and number of documents, name of issuing authority and issuance date shall serve as the basis for taking notes.

Article 22. Guidelines for recording information in marriage certificates and marriage registers

1. Full name of wife and husband must be written in capital letters and accented.

2. Date of marriage registration is the date on which the relationship between husband and wife is established, except marriage re-registration and marriage registration specified in Clause 2 Article 44 of the Decree No. 123/2015/ND-CP and marriage re-registration specified in Article 13 of the Law on Marriage and Family.

Regarding the marriage re-registration or marriage registration, if the date of previous marriage registration or establishment of cohabitation fails to be determined, the first day of the month and year of marriage registration or establishment of cohabitation shall be specified. In case the date and month fail to be specified, specify January 01 of the year in which the previous marriage registration was granted or the cohabitation was established.

3. The “Phần ghi chú những thay đổi sau này” (“Notes of later changes”) section at the back of the marriage certificate shall be used to specify civil status changes, correction and supplementation and ethnic group re-determination and specify the changed civil status information according to the judgment or decision of competent authorities. Upon taking notes, it is required to clearly specify date of taking notes and changed civil status information. Name and number of documents, name of issuing authority and issuance date shall serve as the basis for taking notes.

The date on which the marriage relationship is recognized in the case of marriage re-registration or marriage registration specified in Clause 2 Article 44 of the Decree No. 123/2015/ND-CP or marriage re-registration specified in Article 13 of the Law on Marriage and Family shall be specified in the “Phần ghi chú những thay đổi sau này” (“Notes of later changes”) section at the back of the marriage certificate.

Article 23. Guidelines for recording information in extracts of death certificate and death registers

1. Full name of the deceased must be written in capital letters and accented.

2. The “Đã chết vào lúc” (“Has died at”) section shall be specified according to the death certificate or a document used as a substitute for the death certificate specified in Clause 2 Article 4 of the Decree No. 123/2015/ND-CP. Time (hour and minute) and date (day, month and year) of death shall be written in numbers and words. In case of failure to exactly determine the time of death, leave the space blank.

3. The “Nơi chết” (“Place of death”) section shall clearly specify name of the health facility and the administrative division where the health facility is located in the case of death in a health facility.

If a person dies in a vehicle, dies from accident, dies in a prison, jail or place of execution or in an authority or the place of death fails to be identified, specify the administrative division (including 3 levels: commune, district and province) where such person dies or the body of the deceased is found.

4. The “Nguyên nhân chết” (“Cause of death”) section shall be specified according to the death certificate or a document used as a substitute for the death certificate specified in Clause 2 Article 4 of the Decree No. 123/2015/ND-CP. In case of failure to identify the cause of death, leave the space blank.

5. The particulars concerning death certificate/document used as a substitute for the death certificate shall specify name of the certificate/document, issuance date and issuing authority.

Article 24. Guidelines for recording information in extract of certificate of civil status change/correction/supplementation or ethnic group re-determination

1. Name of the extract shall be clearly specified according to each type of civil status affairs.

For example: - “Trích lục thay đổi hộ tịch” (“Extract of certificate of civil status change”)

- “Trích lục cải chính hộ tịch” (“Extract of certificate of civil status correction”)

- “Trích lục bổ sung hộ tịch” (“Extract of certificate of civil status supplementation”)

- “Trích lục xác định lại dân tộc” (“Extract of certificate of ethnic group re-determination”)

2. When issuing the extract of certificate of civil status change/correction/supplementation or ethnic group re-determination from a type of register, name of such type of register must be clearly specified.

Article 25. Guidelines for recording information in marital status certificates and registers of marital status certificates

1. The “Nơi cư trú” (“Place of residence”) section shall be specified according to the current place of residence of the person issued with the marital status certificate.

2. The “Trong thời gian cư trú tại:.. từ ngày... tháng... năm... đến ngày... tháng... năm...” (“During residence at:.. from... (date)...(month)...(year) to ... (date)...(month)...(year)”) section shall be only specified in case the applicant applies for the marital status certificate during the his/her permanent residence.

3. The “Tình trạng hôn nhân” (“Martital status”) section shall exactly specify current marital status of the person. To be specific:

- If the person has never got married, specify “Chưa đăng ký kết hôn với ai” (“Single”).

- If married, specify “Hiện tại đang có vợ/chồng là bà/ông... (Giấy chứng nhận kết hôn số..., do... cấp ngày... tháng... năm...)” “My wife/husband is Mrs./Mr…. (“Marriage certificate No… issued by…on…(date)…(month)…(year))”.

- If the person has his/her marriage registered but has got divorced and has not yet applied for initial registration of marriage, specify “Có đăng ký kết hôn, nhưng đã ly hôn theo Bản án/Quyết định ly hôn số... ngày... tháng... năm... của Tòa án nhân dân...; hiện tại chưa đăng ký kết hôn với ai” (“Has his/her marriage registered but has got divorced according to the Divorce Judgment/Decision No…. dated …(date)…(month)...(year) by the People’s Court of…; currently single”).

- If the person has his/her marriage registered but his/her wife/husband has died, and he/she has not yet applied for initial registration of marriage, specify “Có đăng ký kết hôn, nhưng vợ/chồng đã chết (Giấy chứng tử/Trích lục khai tử/Bản án số:... do... cấp ngày... tháng... năm...); hiện tại chưa đăng ký kết hôn với ai”.” (“Has his/her marriage registered but his/her wife/husband has died (Death certificate/Extract of death certificate/Judgment No… issued by… on…(date)…(month)...(year)); currently single”).

- If the couple cohabited before January 3, 1987 and has been cohabiting without applying for marriage registration, specify “Hiện tại đang có vợ/chồng là bà/ông...”. (“His/her current wife/husband is Mrs./Mr….”).

4. In case a representative mission issued the marital status certificate to a Vietnamese citizen during his/her residence in a foreign country, the “Nơi cư trú” (“Place of residence”) section shall be specified according to the applicant’s current place of residence; the “Trong thời gian cư trú tại:... từ ngày... tháng... năm... đến ngày... tháng... năm...” (“During residence at:.. from... (date)...(month)...(year) to ... (date)...( month)...(year)") section shall be specified according to the place and time of residence in the foreign country. His/her marital status shall be determined according to the civil status register or electronic civil status database under the management of the representative mission and specifed as prescribed in Clause 3 of this Article.

5. The “Giấy này được cấp để:” (“This certificate is issued in order to:”) section shall exactly specify the purpose of using the marital status certificate and not be left blank.

In case the marital status certificate is used to apply for marriage registration, it is required to clearly specify full name, date of birth and personal documents of the person to whom the applicant will get married and expected place where procedures for marriage registration are followed.

Article 26. Correction of errors upon recording of information in civil status registers and documents

1. If any error in recording of information in civil status registers occurs during civil registration, the civil status official shall cross out the error and write in the correction to the right of it or above it and not overwrite the old letters, erase them and overwrite the erased part.

In case there is a page left blank, the civil status official shall cross it.

The notes column of the civil status register shall specify the corrections and date of correction. The civil status official shall write in his/her signature and full name.

The civil status official shall notify the head of the civil registry of the error correction. The head of the civil registry shall check and append a seal on the corrections.

The civil status official shall not erase, correct or modify the information specified in civil status registers.

2. Upon civil registration, if any error is made when specifying a civil status document, the civil status official shall destroy such document and use a new one and shall not provide applicants with the corrected document.

3. If any error made by the civil status official or the applicant for civil registration is found after civil registration, it is required to follow procedures for civil status correction as prescribed in Clause 2 Article 7 of the Decree No. 123/2015/ND-CP.

Section 3. GUIDELINES FOR OPENING AND CLOSING CIVIL STATUS REGISTERS AND RETENTION AND PRESERVATION OF CIVIL STATUS REGISTERS

Article 27. Opening and closing civil status registers at People’s Committees of communes and People’s Committees of districts

1. Each type of civil status register used during a year shall be numbered in a chronological order, starting from 01.

The date of opening a civil status register is the date on which the first vital event is registered and added to the register. Regarding the date of closing a civil status register: In case the register has no page left before the end of the year, it shall be closed on the date on which the final vital event is registered and added to the register. In case the register has pages left after the end of the year, it shall be closed on December 31 of such year.

2. At the end of the registration year, each civil status official shall compile a list of the number of civil status registers used, total number of vital events registered during the year, number of errors that need correcting as prescribed in Clause 1 Article 26 of this Circular and pages (if any) left blank in each register.

3. After compiling the list as prescribed in Clause 2 of this Article, the civil status official shall specify his/her signature and full name in the list and request the head of the civil registry to specify his/her signature, full name and position and append a seal.

Article 28. Retention and preservation of civil status registers at People’s Committees of communes, People’s Committees of districts and Departments of Justice

1. Civil status registers shall be permanently retained and preserved to serve demand of the people and state management.

2. People’s Committees of communes, People’s Committees of districts and Departments of Justice shall retain, preserve and use civil status registers as prescribed by law and adopt measures against flood, fire, humidity and termites.

Presidents of People’s Committees of communes and People’s Committees of districts and Directors of Departments of Justice shall take responsibility for damaging and losing civil status registers or using them against the law.

Article 29. Opening, closing and retaining civil status registers at representative missions

1. Representative missions shall open and close civil status registers, retain and preserve civil status registers as prescribed in Articles 27 and 28 of this Article.

2. After a civil status register is closed, the representative mission shall authenticate 01 copy of each type of civil status register to send it to the Consular Department - Ministry of Foreign Affairs.