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| THE GOVERNMENT | SOCIALIST REPUBLIC OF VIET NAM |
| No. 83/1988/ND-CP | Hanoi, October 10, 1998 |
THE GOVERNMENT
Pursuant to the Law on Organization of the Government of September 30, 1992;
In order to ensure unified observance of State management of civic status and create convenience for individuals and organizations in civic status registration;
At the proposal of the Minister of Justice,
DECREES:
Article 1.- Civic status and civic status registration
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Civic status registration as prescribed in this Decree is the fact that the competent State authority:
1. Certifies these events: birth; marriage; death; adoption; tutorship; recognition of father, mother, child; change of family name, given name, middle name; correction of family name, given name, middle name, day, month and year of birth; re-determination of nationality; overdue registration of birth and death; re-registration of birth, death, marriage and adoption;
2. On the basis of the decision of the competent State authority, to record in the household register events pertaining to divorce, recognition of father, mother and child, change of nationality, missing, loss of capacity for civil acts, limitation of capacity for civil acts, annulment of illegal marriage, restriction of the right of father and mother over a minor child and other events prescribed by law.
The papers on civic status issued by the competent State agency according to procedures and order prescribed in this Decree are written evidences of the events concerning civic status, or certificates of acts that cause the happening of, change or terminate the rights and obligations of individuals and organizations.
Article 2.- Objective of civic status management
Civic status management is the regular work of the competent State authorities to monitor the real situation and the change in civic status aimed at protecting the legitimate rights and interests of individuals and organizations, creating the basis for socio-economic building and development, ensuring national security and defense and the policy on population and family planning.
Article 3.- Right and obligation to register civic status
All civic status events must be registered at the competent State authority as prescribed in this Decree.
Individuals and organizations have the right and obligation to register their civic status.
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The registration and inspection of civic status and the handling of violations of civic status regulations must be carried out in time, objectively and accurately according to provisions of this Decree and other regulations of the legislation on civic status.
Article 5.- Registration and management of civic status with foreign elements
The registration and management of civic status with foreign elements shall be carried out according to provisions of this Decree and other regulations of the legislation on civic status. In case an international convention which the Socialist Republic of Vietnam has signed or acceded to provides otherwise than this Decree or other provisions of the legislation on civic status, the international convention shall prevail.
Article 6.- Keeping civic status register on file
Civic status register is kept at two levels: one register is kept at the People's Committee of commune, ward, township level (hereafter commonly called commune-level People's Committee) where civic status is registered, and the other kept at the People's Committee of the province or city directly under the Central Government (hereafter commonly called provincial-level People's Committee).
The competent State authority is entitled to collect fee when registering civic status. The fee levels, the fee exemption and reduction, and the regime of using fee shall be prescribed by the Ministry of Finance and the Ministry of Justice.
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1. The Ministry of Justice which assists the Government in exercising unified management of civic status has the following tasks and powers:
a/ To elaborate draft laws and ordinances on civic status;
b/ To submit to the Government for promulgation or to promulgate according to its competence legal documents on the registration and management of civic status;
c/ To guide and direct the professional technique on civic status;
d/ To issue, manage and guide the unified use of the various kinds of civic status register and forms;
e/ To draw statistics on civic status;
f/ To inspect and control the registration and management of civic status;
g/ To settle complaints and denunciations on civic status according to its competence;
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i/ To undertake international cooperation in civic status.
2. In the registration and management of civic status, the Ministry for Foreign Affairs has the following tasks and powers:
a/ To coordinate with the Ministry of Justice in directing, guiding, inspecting and organizing the implementation of the registration and management of civic status of the diplomatic missions, consular offices and other agencies of Vietnam authorized to perform the consular function in foreign countries (hereafter commonly called diplomatic missions or consular offices) as prescribed by the legislation on civic status;
b/ To organize professional training for civic status workers at the diplomatic missions and consular offices of Vietnam abroad;
c/ To settle complaints and denunciations on civic status according to its competence;
d/ To sum up the situation and draw the civic status statistics in foreign countries and send them to the Ministry of Justice every six months and annually.
1. The provincial-level People's Committee exercising unified management of civic status in its locality has the following tasks and powers:
a/ To direct, inspect and organize the registration and management of civic status according to the prescriptions of this Decree with regard to the People's Committees of various levels in its locality;
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c/ To organize the education, popularization and mobilization of the people to implement the provisions of the legislation on civic status;
d/ To organize the professional training of civic status workers of the People's Committees of the districts, townships and provincial cities (hereafter commonly called district-level People's Committees);
e/ To register civic status events arising in the locality concerning foreigners, Vietnamese residing in foreign countries as stipulated by the legislation on civic status;
f/ To permit the change of family name, given name, middle name; correction of family name, given name, middle name, day, month and year of birth; re-determination of nationality;
g/ To back register civic status events under the registration authority of the provincial-level People's Committee;
h/ To re-register the civic status events registered by the provincial People's Committee;
i/ To issue copies of civic status papers from the original register;
j/ To sum up the situation and report statistics of civic status figures to the Ministry of Justice every six months and annually;
k/ To keep file of civic status books and dossiers handed over by the commune-level People's Committee and civic status books and dossiers registered at the provincial-level People's Committee;
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m/ To settle complaints and denunciations and handle violations in civic status registration and management under its competence.
2. The Justice Service shall assist the provincial-level People's Committee in carrying out the tasks and exercising powers as provided for in Item 1 of this Article.
Article 10.- Tasks and power of the district-level People's Committee in civic status management:
1. The district-level People's Committee managing civic status registration in its locality has the following tasks and powers:
a/ To direct and inspect the carrying out of the registration and management of civic status in its locality;
b/ To organize the education, popularization and mobilization among the population for the implementation of the prescriptions of legislation on civic status;
c/ To organize the professional training of juridical status civic workers in its locality;
d/ To sum up the situation and report the statistics of civic status figures to the provincial-level People's Committee every six months and annually;
e/ To manage the use of different kinds of civic status books and forms as prescribed by the Ministry of Justice;
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2. The Justice Service shall assist the district-level People's Committee in carrying out its tasks and exercising its powers as provided for in Item 1 of this Article.
1. In the domain of civic status management, the commune-level People's Committee has the following tasks and powers:
a/ To register births; marriages; deaths; adoptions; tutorships; recognition of father, mother, child; overdue registration of births and deaths; re-registration of births, deaths, marriages and adoptions;
b/ On the basis of the decisions of the competent State authority, to record in the civic register events concerning divorces, determination of fathers, mothers and children, changes of nationality, missing, loss of civil act capacity, limitation of civil act capacity, annulment of illegal marriages, restriction of parents' right over underage children and other civic status events prescribed by law;
c/ To issue copies of civic status papers from the original register;
d/ To educate the population on and popularize the provisions of the legislation on civic status and call upon the population to implement them;
e/ To sum up the situation and report the statistics on civic status figures to the district-level People's Committee every six months and annually;
f/ To keep files of the registers and dossiers on civic status;
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h/ To settle complaints and denunciations and handle violations concerning the registration and management of civic status under its competence.
2. Juridical civic status workers of the Justice Commission shall have to assist the commune-level People's Committee to carry out its tasks and exercise its powers as provided for at Item 1 of this Article.
Article 12.- Regime for juridical civic status workers
At the commune-level People's Committee, juridical civic status workers shall enjoy the regime of living allowance as stipulated in Decree No. 09/1998/ND-CP of January 23, 1998 amending and supplementing Decree No. 50-CP of July 26, 1995 of the Government on the regime of living allowance for cadres at communes, wards and townships.
Article 13.- Criteria of juridical civic status workers
Persons who fully meet the following conditions may be appointed as juridical civic status workers:
1. Being a Vietnamese citizen;
2. Having full capacity of action;
3. Having good ethical records;
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5. Showing the sense of responsibility in his/her work;
6. Having a clear handwriting;
7. Having received training in civic status registration.
Article 14.- Persons who cannot be appointed as juridical civic status workers
A juridical civic status worker shall not be assigned with civic status registration work in the following cases:
1. Failing to complete his/her assigned tasks;
2. Having no condition to carry out his/her tasks;
3. Violating regulations on civic status registration and management or committing other law breaking acts.
Article 15.- Tasks and powers of juridical civic status registration workers
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1. To process dossiers, verify, check and propose to the President of the commune-level People's Committee for consideration and decision on civic status registration as prescribed in this Decree and other regulations of the legislation on civic status registration. When registering they must record fully and accurately the contents already provided for in the civic status registration books and forms;
2. To regularly check and register in time civic status events arising in his/her locality. In the areas where the people are still subject to long-standing habits and customs or where transportation is too difficult, they must work out a calendar for periodical visits to each home to register civic status events which have arisen;
3. To coordinate with the related agencies in reporting the accurate statistics of civic status figures every six months and annually;
4. To popularize the regulations of the legislation on civic status registration and call on the population to implement them;
5. To use the forms of civic status registration as prescribed by the Ministry of Justice.
6. To keep files on civic status registration books and dossiers.
In civic status registration and management, the diplomatic missions and consular offices of Vietnam in foreign countries have the following tasks and powers:
1. To register births; marriages; deaths; adoptions; tutorships; recognitions of father, mother and child; correction of family name, given name and middle name, day, month and year of birth; overdue registration of births and deaths; re-registration of birth, death, marriage and adoption (for civic status events which have been registered at the diplomatic missions or consular offices) for Vietnamese citizens in foreign countries;
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3. To re-register civic status events occurring in foreign countries which have been registered by the competent authority in the concerned country for a Vietnamese citizen when the latter so requests.
4. To issue copies of civic status papers from the original register;
5. To keep files of civic status registration dossiers and books;
6. To sum up the situation and report the statistics on civic status figures to the Ministry for Foreign Affairs every six months and annually;
7. To use various kinds of civic status registration books and forms as prescribed by the Ministry of Justice;
8. To settle complaints and denunciations and handle violations of civic status registration and management according to its competence.
Diplomatic missions and consular offices of Vietnam in foreign countries shall appoint specialized workers to carry out the tasks and powers on civic status registration and management in foreign countries.
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Article 17.- Competence in birth registration
1. Birth registration shall be carried out at the People's Committee of the commune where the mother has her permanent residence certificate or where the child is born.
2. In case the mother has her permanent residence in one place and registers the birth of her child in another place, the commune-level People's Committee at the place of registration must send a notification enclosed with a copy of the Birth Declaration to the People's Committee at the commune-level where the mother has her permanent residence certificate in order to record it in the birth register. The commune-level People's Committee at the place of registration must open a separate birth register for such cases and must not list them among the children born in the locality.
3. In case the mother does not have her permanent residence certificate or has filled the formalities to terminate her permanent residence at the old place but has not filled the formalities or has not gathered the necessary conditions to register her permanent residence at the place where she is actually living, the registration for the child shall be performed at the commune-level People's Committee at the place where the mother has registered for temporary limited residence.
Article 18.- Time-limit for birth registration
Within 30 days from the birth of a child, the father, mother or next of kin or the responsible person shall have to register the birth of the child; for the mountainous areas, deep-lying or remote areas, this time-limit shall not exceed 60 days.
Article 19.- Procedures for birth registration
1. The person who wants to declare a childbirth shall submit the Birth Certificate issued by the medical establishment where the child is born and shall have produce the following papers:
a/ The marriage certificate of the parents of the child (if any);
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c/ The Identity Card of the person who makes the birth declaration.
In case not all the above papers are available, there must be valid substitutes.
If the child is born outside a medical establishment, the Birth Certificate must be replaced by a written certificate by the witness or the commander or driver of the means of transport if the child is born on a means of transport.
If all the valid papers are available, the President of the commune-level People's Committee shall sign and issue immediately the main copy of the Birth Declaration and the juridical civic status worker shall record it in the birth register. The copy of the Birth Declaration and its number shall be issued at the request of the person who makes the declaration.
2. In the Birth Declaration for a child born out of wedlock, the declaration about the father and mother shall be left vacant in the Birth Declaration and in the birth register pending determination of the father and mother. If a person declares himself or herself to be the father or mother of the child then, on the basis of the Decision of the competent State authority on the recognition of the father, mother or child, the name of the person who is recognized as father or mother shall be entered into the part reserved for the declaration about the father or mother in the Birth Declaration and in the birth register of the child.
3. The witness must meet all the following conditions:
a/ He/she must be 18 years of age or older and has full capacity for civil acts;
b/ He/she must have full knowledge of the facts related to the witnessing;
c/ He/she has no right or interest related to the witnessing.
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The papers which come by as a result of untruthful witnessing shall be revoked.
The conditions with regard to the witness stipulated in Item 3 of this Article shall apply to all cases of civic status registration which require witness under this Decree.
Article 20.- Birth declaration for a child who dies after birth
A child that lives 24 hours and more after birth shall also have to be registered for birth as prescribed in this Decree. If he/she dies before birth (stillborn) or lives less than 24 hours after birth, he/she shall not have to register for birth.
Article 21.- Birth declaration for an abandoned newborn
The person who detects an abandoned newborn shall have to protect him/her and notify immediately the nearest commune-level People's Committee or grassroots police in order to write a report certifying the conditions of the abandoned child. The People's Committee shall find a person or organization to care for the baby.
The commune-level People's Committee or the grassroots police where the newborn is abandoned shall have to notify on the mass media to find the natural father and mother of the child. Within 30 days after detection of the abandoned newborn, if the natural father and mother cannot be found, the individual or organization that accepts to raise the baby must declare his/her birth at the commune-level People's Committee at the place where the report is made.
When making the birth declaration for the child, the person who makes it shall have to hand in the report certifying the condition of the abandoned child and produce the Family Civic Status Register or a valid substitute paper.
When registering the birth of an abandoned child, if no ground exists to determine the date and place of birth, the day when the abandoned child is detected shall be the birthday, and the birth place is the place where the report certifying the condition of the abandoned child is made. The part devoted to the declaration on the father and mother of the child in the Birth Declaration and in the Birth Register shall be left vacant. In case a person accepts the child as adoptive child, then on the basis of the Decision of the commune-level People's Committee to recognize the adoption, the juridical civic status worker shall record the name of the person who is recognized as foster father or foster mother into the part devoted to the father and/or mother in the Birth Declaration of adoptive child and in the Birth Register the word "foster father and foster mother" must be clearly recorded. Absolute confidentiality must be ensured for this recording and only competent persons have the right to take and use this information.
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Article 22.- Competence in marriage registration
The commune-level People's Committee at the place of residence of the male or female party shall perform the marriage registration.
Article 23.- Procedures for marriage registration
At the time of marriage registration, both the male and female parties have to be present, submit the declaration for marriage registration and produce the following papers:
1. The birth certificate of each party;
2. The civic family register of the male or female party at the place of marriage registration.
In case all the above papers are not available there must be valid substitutes.
In case of suspicion that one party or both parties, male and female, have contracted mental disease and are not able to take cognizance of their act, or a venereal disease, there must be a medical certificate of the medical establishment at the district level.
The declaration for marriage registration must be certified by the agency or unit at the place of his or her work (for government employees and workers, laborers, people's armed forces) or by the commune-level People's Committee at the place of their residence (for ordinary people) of each party on his/her marital status. This certification of the marital status is valid for no more than 30 days. In case one of the two parties or both parties have been married but such marriage has been dissolved by divorce or his/her spouse has died, they must hand in a copy of the verdict or decision of the Court which has taken legal effect allowing the divorce or a copy of the Death Certificate.
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A couple who have divorced and who now want to remarry each other shall also have to register for marriage according to the prescriptions in this Article.
Article 24.- Time-limit for marriage registration
Upon reception of the full valid dossier, the commune-level People's Committee shall have to verify the marriage conditions and post up the application for marriage registration at the office of the People's Committee within seven days. If more clarification is needed, this time-limit may be extended but for no more than seven days.
Past this time-limit, if the two parties, male and female, are considered fully qualified to marry as prescribed by the legislation on marriage and the family without any complaint or denunciation about their marriage, the commune-level People's Committee shall have to inform the two parties, male and female, of the date of registration.
After the time-limit of seven days from the date of notification, if the two parties, male and female, fail to come to register for marriage without plausible reason, the People's Committee shall annul the application for marriage registration and inform the concerned parties thereof.
Article 25.- Marriage registration ceremony
The marriage registration ceremony shall be held solemnly at the commune-level People's Committee at the place of registration. For the mountain, deep-lying and remote areas where transportation is too difficult, the marriage registration ceremony may be held at the hamlet or village.
At the ceremony the two parties, male and female, must be present. The representative of the commune-level People's Committee shall ask the opinion of both parties for the last time, if both parties still agree to the marriage, the juridical civic status worker shall invite them to sign together to the Marriage Certificate and the Marriage Register. The President of the commune-level People's Committee shall sign and hand to each party a main copy of the Marriage Certificate and explain to the two parties about the rights and duties of the wife and husband as prescribed by the legislation on marriage and the family. The Marriage Certificate and its number of copies shall be issued at the request of the two parties, male and female.
Article 26.- Refusal of marriage registration
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Article 27.- Competence in death registration
1. The commune-level People's Committee at the place of residence of the dead person shall perform the registration of death. In case the place of residence of the dead cannot be identified, the commune-level People's Committee at the place where the person dies shall register the death.
2. The registration of an army man/ woman in active service shall be performed at the commune-level People's Committee where he/she resided before doing his/her military duty.
3. The registration of death for army officers, professional armymen (women), defense workers and employees, and people's security forces is performed at the commune-level People's Committee at the place of residence of the dead.
4. With regard to the persons who die while serving their term of temporary custody or detention, the direct commander of the place of temporary custody or detention shall notify the place where he/she resided before he/she is taken into custody or detention in order to register his/her death.
5. The registration of the death of a person who dies while serving his imprisonment term or in execution of a death penalty or who dies at a reeducation center or a reformatory shall be performed at the commune-level People's Committee of the place where the concerned person is detained.
Article 28.- Time-limit for death registration
When a person dies at home or when receiving the death notice, the next of kin of the dead must declare his/her death. If he/she has no next of kin, the house owner or the responsible person of the agency, unit or organization where the person dies shall perform the death declaration.
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For rural areas, mountain, deep-lying and remote regions, such time-limit shall not exceed 15 days.
Article 29.- Death registration for a child who dies after birth
A child that dies 24 hours and more after birth shall have to be registered for both birth and death. If he/she dies before birth (stillborn) or immediately after birth, death registration is not necessary.
Article 30.- Death registration in cases of suspicion about the dead person or death of epidemics
1. The commune-level People's Committee shall register and issue the Burial Permit after receiving the written certification by the competent level of Police of the cause of the death in the following cases:
a/ Sudden death for unknown reason;
b/ Death by accident;
c/ Death by murder or suicide, suspected murder or forcible suicide;
d/ Death of an unidentified person;
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The person who detects a suspected death must immediately inform the nearest grassroots Police. The grassroots Police must immediately inform the higher competent Police authority. Upon receiving this information the higher competent Police authority shall make a written certification of the cause of death so that the commune-level People's Committee can perform the death registration.
2. In case of death of epidemics, the commune-level People's Committee shall register the death and issue the Burial Permit only after consulting the competent medical authority.
Article 31.- Death registration for an unidentified person
The person who detects an unidentified dead person must report immediately to the commune-level People's Committee or the grassroots Police at the place where the unidentified dead person is found so that a written certification can be made of the condition of the unidentified dead. The report must bear the signatures of the person who detects the dead, the representative of the commune Police, the representative of the People's Committee and two witnesses.
The commune-level People's Committee or the grassroots Police at the place where the dead is found must report on the mass media in order to find the next of kin of the dead. Within 72 hours after detecting the dead, if no next of kin is found and with the permission of the competent Police authority, the commune-level People's Committee at the place where the unidentified dead person is found must perform the death registration and burial and keep the portraits, vestiges and objects of the dead.
Article 32.- Death registration for a person who is declared dead by the Court
1. The death registration for a person who is declared dead by the Court shall be performed when the decision of the Court has taken legal effect. The person who asks the Court to declare a person dead must perform the death registration.
2. If a person who is declared dead by the Court and has been entered in the death register now returns or is accurately reported to be still living, the commune-level People's Committee at the place of the death registration shall base itself on the decision of the Court on the annulment of the decision to declare the person dead to cross out his/her name from the death register.
Article 33.- Issue of Death Notice
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a/ For a person who dies at a hospital or other medical establishments, the department head or the person in charge of the establishment shall issue the Death Notice;
b/ For a person who dies on a means of transport, the commander or driver of the means shall make the written certification of the death signed by at least two passengers on the same means. At the first stop of the means of transport, the commander or driver shall hand over the certification report of the death to the man in charge of the stop. The latter shall have to come to the commune-level People's Committee or the nearest grassroots police station to fill the procedures for the issue of the Death Notice;
c/ For a person who dies during the period of his military service duty the competent authority in the army to which he/she is assigned shall issue the Death Notice;
d/ For a person who resides in one place but dies in another place outside the medical station, the commune-level People's Committee at the place where the person dies shall issue the Death Notice;
e/ For a person who dies in a detention camp, the camp director shall issue the Death Notice;
f/ For a person who dies by the execution of his death penalty the agency that executes the death sentence shall issue the Death Notice;
g/ In case a person is declared dead by the court the decision of the court to declare the death shall replace the Death Notice;
h/ In case the dead is a suspect or dies of epidemics, the written certification of the police or the opinion of the competent medical authority on the cause of the death shall replace the Death Notice.
The agency which issues the Death Notice shall have to send the Death Notice to the commune-level People's Committee at the place where the dead last resided in order to fill the procedure for death declaration.
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Article 34.- Procedures for death registration
The person who makes a death declaration shall submit the Death Notice and produce the following papers:
1. The family household register of the dead;
2. The identity card of the person who makes the death declaration.
In case not all the above papers are available, there must be valid substitutes.
If all the valid dossiers are available, the President of the commune-level People's Committee shall sign and issue immediately to the person who comes to make the declaration a main copy of the Death Certificate and the Burial Permit. The juridical civic status worker shall record it in the Death Register. The copy and number of copies of the Death Certificate shall be issued at the request of the person who makes the declaration.
If a person resides at a place but dies in another and there is no condition to bury him at the place of his residence, the commune-level People's Committee at the place where he dies shall have to issue a Burial Permit.
In case of death registration for an unidentified dead, if there is no ground to determine the date and place of death, the day when the dead is detected shall be the date of his death, the place of death is where the report of the death and the cause of death is made according to the written certification of the death by the Police office. The remaining sections in the Death Certificate and the Death Register shall be left blank. In the annotation of the Death Register, the word "unidentified dead" must be clearly written and the place of burial must be accurately recorded.
SECTION 4. REGISTRATION OF ADOPTION
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The commune-level People's Committee at the place of residence of the person who applies for adoption or the person who is adopted shall perform the registration of adoption.
Article 36.- Procedures for registration of adoption
The applicant to adopt a child must submit an application for adoption, the written consent of the natural father, natural mother, tutor and the medical establishment or nursing home to give the child as adoptive child, and produce the following papers:
1 The birth certificate of the person who adopts the child;
2. The identity card of the person who adopts the child;
3. The family household register of the person who adopts the child or the person who is adopted at the place of registration of the adoption;
4. The birth certificate of the person who is adopted. In case of a child whose birth is not yet registered, his/her birth must be registered before the adoption is registered;
5. If the adopted person is nine years old or older, there must be his/her consent.
In case not all the valid papers are available as prescribed in Points 1, 2 and 3 above, there must be valid substitutes.
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In case the adoptive person is a war invalid or a disabled person, or if the applicant is old and weak or lonely, this must be certified in the application by the commune-level People's Committee at the place of residence of that person.
The written consent of the natural father or mother or tutor, medical establishment or the establishment which directly raises the child to give him/her as adoptive child must be certified by the commune-level People's Committee at the place of residence of the father, mother, tutor or where the medical or the establishment directly raising the child is located.
Article 37.- Time-limit for registering to adopt a child
Upon receiving the full valid dossier, the commune-level People's Committee shall certify the adoption. In case the adoptive child is not clearly identified, the commune-level People's Committee shall post up the application for adoption at the office of the People's Committee and at the same time notify it on the mass media for 7 days. In case more clarification is needed, this may be extended but for not more than seven days.
Past that time-limit, if the application for adoption is judged to have met all the conditions prescribed by the legislation on marriage and the family and if no complaint or denunciation is received, the commune-level People's Committee shall have to inform the deliverer and receiver of the adopted person of the date for registration.
Within 7 days from the date of notification if the deliverer, the receiver and the adoptive child fails to come and register the adoption without plausible reason, the People's Committee shall annul the application to register for adoption and inform the concerned persons thereof. Later, if the applicant again asks to register for adoption, the registration procedure shall be performed as prescribed in Article 36 of this Decree.
Article 38.- Ceremony to hand over and receive the adoptive child
At the ceremony to hand over and receive the adoptive child, the deliverer, the receiver and the person who is adopted must be present. Both the deliverer and the receiver of the adoptive child must sign to the Register of Adoption and the record of delivery and reception of the adoptive child. The President of the commune-level People's Committee shall sign it and hand to each party a main copy of the Decision to recognize the adoption, explain to the receiving party and the adoptive child about the rights and obligations of the adoptive parents and child as prescribed by the legislation on marriage and the family. The copy of the Decision to recognize the adoption and its number shall be issued at the request of the delivering and receiving parties.
Article 39.- Refusal to register for adoption
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Article 40.- Recording the termination of adoption
Upon receiving of the decision of the Court which has taken legal effect on the termination of adoption, the commune-level People's Committee at the place where the adoption is registered shall record it in the adoption register.
SECTION 5. TUTORSHIP REGISTRATION
Article 41.- Competence in tutorship registration
The commune-level People's Committee at the place of residence of the tutor or the office of the agency or organization assuming the tutorship shall perform the registration of tutorship.
Article 42.- Registration of natural tutorship
The natural tutor as defined in Article 70 and Article 71 of the Civil Code shall have to come to the commune-level People's Committee at the place of his/her residence to register the tutorship. In case the persons who are all eligible to serve as natural tutor agree to appoint one of them to this task, the appointed person must produce the written accord when he/she goes to register tutorship.
Article 43.- Procedures for registering the appointment of the tutor
1. When registering the appointment of the tutor, the appointee must submit the record on the appointment by the individual, agency or organization that makes the appointment, the written consent to act as tutor of the appointee, and produce the following papers:
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b/ The household family register of the tutor;
c/ The identity card or the mandate of the person or organization that is appointed as tutor.
In case not all the above valid papers are available there must be valid substitutes.
2. Within 7 days from the date when all the valid dossiers are received, if the appointment of the tutor fully meets the conditions prescribed by the legislation on tutorship, the commune-level People's Committee shall register the appointment of the tutor.
When registering the appointment of the tutor the appointee and both the appointed tutor and tutored must be present. If one of them is absent for plausible reason there must be a written mandate certified by the commune-level People's Committee at the place of his/her residence. The President of the commune-level People's Committee shall sign and issue to each party a main copy of the Decision recognizing the tutorship, explain to the tutor and the tutored person on the rights and obligations of both parties. Then the juridical civic status worker shall record it in the Register of Tutorship. In the Decision recognizing the tutorship, the reason for the appointment of the tutor, the specific rights and obligations of the appointed tutor must be clearly written. If the tutored person has private properties, their conditions must be clearly recorded as properties of the tutored person. The copy of the Decision to recognize the tutorship and its number shall be issued at the request of the appointee and receiver of tutorship.
Article 44.- Refusal to register tutorship
In case there is not enough ground to register tutorship, within 7 days the commune-level People's Committee shall invite the applicant for tutorship registration to the Committee to inform him/her of the refusal of registration, the reason for the refusal must be clearly stated in writing.
Article 45.- Registering the change and termination of tutorship
1. The commune-level People's Committee at the place where the tutorship is registered shall perform the registration of the change and termination of tutorship.
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3. The termination of tutorship shall comply with the stipulations in Article 82 of the Civil Code.
Article 46.- Procedures for registration of the change or termination of tutorship
The person who asks for the change or termination of tutorship shall have to send an application and the Decision to recognize the tutorship, and produce the following papers:
1. The household family register of the tutor or the tutored person at the place where tutorship registration was made earlier;
2. The identity card of the tutor;
3. The written certification of the conditions of the current property of the tutored person (if the Decision to recognize the tutorship has recorded the conditions of the property of the tutored person) certified by the commune-level People's Committee where the property of the tutored person is located.
In case not all the papers prescribed in Points 1 and 2 above are available, there must be valid substitutes.
Within 7 days after reception of the full valid dossiers, if the request for change or termination of tutorship is judged legitimate and there is no dispute relating to the properties of the tutored person, the President of the commune-level People's Committee shall sign and issue to the concerned person a main copy of the Decision to recognize the termination of tutorship, the juridical civic status worker shall record it in the register which has registered the tutorship, retrieve the Decision recognizing the tutorship already issued. The copy of the Decision recognizing the termination of tutorship and its number shall be issued at the request of the concerned parties.
In case of a request for change of tutorship, after terminating the old tutorship relation, the procedure of new tutorship registration shall be performed as prescribed in Article 43 of this Decree.
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Article 47.- Competence in registering the recognition of father, mother and child
The commune-level People's Committee at the place of residence of the child shall recognize and register the recognition of mother, father or child if this recognition is voluntary and free of dispute.
Article 48.- Procedure of registering the recognition of child by father and mother
The person who asks to recognize a child must submit an application and produce the following papers:
1. The birth certificate of the child;
2. The household family register of the child;
3. The identity card of the applicant;
4. Other necessary papers testifying to the father-child relations or mother-child relations.
In case not all the papers prescribed in Points 1, 2 and 3 above are available, there must be valid substitutes.
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In case a person whose life is threatened with death due to disease or other causes cannot come to the commune-level People's Committee to ask for recognition of another person as his/her child, the application shall be replaced by a written certification by two witnesses of the desire of that person to recognize the child. In case that person has filed an application for recognition of the child, his/her next of kin or his/her mandated person shall fill the procedures to register the recognition of the child by the father or mother.
Article 49.- Procedures to register the recognition of father or mother by the child
The applicant for recognition of father or mother must file an application and produce the following papers:
1. The birth certificate of the applicant for recognition of father or mother;
2. The household family register of the applicant for recognition of father or mother;
3. Other necessary papers testifying to the father-child or mother-child relations.
In case not all the papers prescribed in Points 1 and 2 above are available, there must be valid substitutes.
The application to recognize a father or a mother must have the consent of the person who is currently the mother or father, or the person recognized as father or mother.
In case the applicant to recognize another as father or mother is under 15 years old, the application must be written by the mother or father or the person who is raising the applicant. If he/she is 9 years and older there must be his/her consent, if he/she is full 15 years or older the application must be written by himself/herself.
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Within 7 days after reception of full valid dossier, the commune-level People's Committee must conduct the verification and post up the application to recognize father, mother or child at the office of the People's Committee. In case more clarification is needed, this time-limit may be extended but for no more than 7 days.
Past that time-limit, if the application for recognition of father, mother or child is judged having met the conditions required by the legislation on marriage and the family and if there is no complaint, the commune-level People's Committee shall inform the parties of the date of registration of the recognition of father, mother or child.
At the registration of the recognition of father, mother or child, both parents and the person accepted as child must be present. The President of the commune-level People's Committee shall sign and issue to each party a main copy of the Decision recognizing the acceptance by a parent of another person as his/her child or by a child of another person as his/her father or mother. The juridical civic status worker shall record it in the register of acceptance of fathers, mothers and children. The copy of the recognition Decision and its copies shall be issued at the request of the parties, the father, mother and child.
Article 51.- Refusal to register the recognition of father, mother or child
In case there is not enough ground to recognize the acceptance of father, mother or child, the commune-level People's Committee shall invite the person who asks to recognize another as father, mother or child to the People's Committee to inform him/her of the refusal of registration, the reason for refusal must be stated clearly in writing.
The provincial-level People's Committee at the place of residence or where the birth of the applicant for change of family name, given name, middle name; the correction of family name, given name and middle name, the day, month and year of birth (hereafter commonly called change and correction of civic status); re-determination of nationality has been registered in the main copy of the Birth Certificate shall be competent for such changes, correction or redetermination.
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a/ The main copy of the birth certificate;
b/ The household family register of the applicant;
c/ The identity card;
d/ Other necessary papers to testify that he/she has all the conditions prescribed in Article 29 of the Civil Code (for applications to change family name and given name) and Article 30 of the Civil Code (for applications to re-determine the nationality).
In case not all the papers prescribed in Points a, b and c above are available, there must be valid substitutes.
The application for change or correction of civic status or re-determination of nationality must clearly state the reason and contents of the application for change or correction certified by the commune-level People's Committee at the place of residence of the applicant. If it is an application to change or correct the civic status or to re-determine the nationality at a commune-level People's Committee other than the place of birth registration, there must be certification by the commune-level People's Committee at the place where the birth is registered earlier.
2. The change or correction of civic status for a person under 18 years old shall be performed at the written request of his/her parents or legal tutor. For a person of full 9 years or older, his/her consent is required.
Within 15 days from reception of the full valid dossier, if the request of change or correction of the civic status or re-determination of nationality is judged not contrary to the prescriptions of law, the President of the provincial-level People's Committee shall sign and issue to the concerned person a main copy of the Decision allowing the change or correction of the civic status or the re-determination of nationality. Basing itself on the Decision of the provincial-level People's Committee, the Justice Service shall record the contents of the change in the register of changes and corrections of civic status and the main copy of the birth certificate of the concerned person. The Justice Service shall send a copy of the Decision allowing the change or correction of the civic status or re-determination of nationality to the Police agency of the same level and the commune-level People's Committee where the birth has been registered in order to record the changes in the birth register of the concerned person. The copy of the Decision and its number shall be issued at the request of the concerned persons.
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The agency or related organization which is managing the individual dossier of the concerned person shall base itself on the Decision of the provincial-level People's Committee allowing the change or correction of the civic status or the re-determination of nationality and the main copy of the Birth Certificate in which the change has been recorded to readjust the individual papers and dossier of the concerned person.
SECTION 8. RECORDING IN THE REGISTER OTHER CHANGES IN THE CIVIC STATUS
Article 56.- Contents to be recorded in register of other civic status changes
Other civic status changes include events concerning divorce, the determination of father, mother or child, change of nationality, missing, loss of capacity for civil acts, limitation of capacity of civil acts, annulment of illegal marriage, restriction of rights of father and mother over minor children.
Article 57.- Competence in recording other civic status changes in register
The People's Committee at the place of civic status registration shall record the other civic status changes on the basis of the decision of the competent State authority which has taken legal effect.
Article 58.- Procedure of recording other civic status changes in the register
When issuing a decision related to the other civic status changes, the competent State authority shall have to send a copy of the decision to the People's Committee where the civic status events are registered in order to record them in the register of the other civic status changes.
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SECTION 9. OVERDUE REGISTRATION, RE-REGISTRATION
Article 59.- Overdue registration of birth and death
1. If a birth or death is not yet registered within the time-limit prescribed in Articles 18 and 28 of this Decree, it must be registered according to the procedures for overdue registration.
2. The person who has the responsibility to register a birth or a death but who fails to do it within the time-limit prescribed by this Decree without plausible reason, may be subject to administrative sanctions as prescribed by law.
Article 60.- Competence in overdue registration of birth and death
The commune-level People's Committee at the place of residence of the concerned person shall have to conduct overdue registration of birth and death.
Article 61.- Procedures for overdue birth and death registration
1. When registering an overdue declaration of birth, the concerned person shall have to produce all the papers prescribed in Article 19 of this Decree. He/she also has to file an application for overdue declaration of birth and must state the reason for the overdue registration.
2. When registering for an overdue declaration of death, the concerned person shall have to produce all the papers prescribed in Article 34 of this Decree. He also must file an application for overdue registration of death with specification of the reason for failing to register on schedule.
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Within 7 days after reception of full valid dossier, if the application for overdue registration is judged plausible, the President of the commune-level People's Committee shall sign and issue to the concerned person a main copy of the Birth Certificate or Death Certificate and the juridical civic status worker shall record it in the register according to each kind of work and write the word "Overdue registration" on the "annotation" column of the above two kinds of register. The copy of the birth or death certificate and its number shall be issued at the request of the concerned person.
In case more clarification is needed, this time-limit may be extended but for no more than 7 days.
Article 63.- Re-registration of birth, death, marriage, and adoption
In case a birth, death, marriage and adoption which has been registered but the main copy and the original registered is lost or damaged and becomes unusable, it can be re-registered.
Article 64.- Competence in re-registering birth, death, marriage and adoption
The commune-level People's Committee where the concerned person lives or registers his/her civic status shall perform the re-registration of birth, death, marriage and adoption.
Article 65.- Procedure of re-registration of birth, death, marriage, and adoption
The applicant for re-registering birth, death, marriage and adoption shall have to send an application and produce the following papers:
1. The household civic family register;
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3. Other necessary papers to prove that the registered civic status event is true.
In case not all the papers required in Points 1 and 2 above are available, there must be valid substitutes.
The application for re-registration must be certified by two witnesses.
In case re-registration is made at the People's Committee at a place other than where registration was made earlier, there must be certification by the commune-level People's Committee where civic status registration has taken place.
Article 66.- Time-limit for re-registration of birth, death, marriage and adoption
Within 7 days after reception of full valid dossier, if the application for re-registration is judged truthful, the President of the commune-level People's Committee shall sign and issue to the concerned party a main copy of the birth declaration, the death certificate, the marriage certificate or the Decision to recognize the adoption; the juridical civic status worker shall record it in the register according to each kind of work and write the word "Overdue registration" on the annotation column of the above kinds of register. In case further clarification is needed, this time-limit may be extended but for no more than 7 days.
When re-registering the marriage or adoption, the concerned parties must be present at the ceremony to deliver the marriage certificate or the certificate of adoption.
Article 67.- Refusal of overdue registration and re-registration
In case there is not enough ground to allow overdue registration or re-registration, the commune-level People's Committee shall refuse the registration and explain it in writing.
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CIVIC STATUS REGISTRATION INVOLVING FOREIGN ELEMENTS
Article 68.- Competence in birth registration
1. The People's Committee in a province where the foreigners reside shall carry out birth registration for children born in Vietnam from a foreign father and mother if the foreigners so request.
2. The birth registration for a child born in Vietnam from a father or a mother who is a Vietnamese citizen living in Vietnam while the other spouse is a foreigner, shall be performed at the People's Committee of the province where resides the father or mother who is a Vietnamese citizen. The time-limit for birth registration shall be performed as stipulated in Article 18 of this Decree.
Article 69.- Procedures for birth registration
The person who performs birth registration shall have to file an application, the birth certificate and produce the following papers:
1. The marriage certificate of the father and mother of the child (if any);
2. The certificate of permanent or temporary residence of the foreigner in Vietnam;
3. The passport, identity card or other valid substitute of the person who makes the birth declaration.
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If the birth registration concerns a child born out of wedlock, and if a person acknowledges himself or herself as father or mother of the child, the Justice Service shall, basing itself on the Decision of the competent State authority recognizing the acceptance by the father or mother of the child out of wedlock, record the name of the recognized father and mother in the declaration on father and mother in the Birth Certificate and the Birth Register of the child.
Article 70.- Time-limit for birth registration
Within 7 days from reception of the full valid dossier, the President of the People's Committee at provincial-level shall sign and issue a main copy of the Birth Certificate to the child, and the Justice Service shall record it in the Birth Register. The copy of the Birth Certificate and its number shall be issued at the request of the person who comes to the office to register the birth.
In case further clarification is needed, this time-limit may be extended but for no more than 7 days.
Article 71.- Competence in death registration
The provincial-level People's Committee at the place of residence of the dead who is a foreigner shall perform the death registration.
Article 72.- Procedures for death registration
The person who registers for death declaration shall have to send an application and the death notice and produce the following papers:
1. The certificate of permanent or temporary residence in Vietnam of the dead.
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Article 73.- Time-limit for registration of death declaration
Within 7 days after reception of full valid dossier, the President of the provincial-level People's Committee shall sign and issue a main copy of the death certificate to the person who is to register the death declaration; the Justice Service shall record it in the register of death declaration, and send through diplomatic channel a copy of the death certificate to the diplomatic representative office and the consulate of Vietnam in the country of which the dead is a citizen (if any). The copy of the death certificate and its number shall be issued at the request of the person who is to register for death declaration.
The registration of death declaration for a foreigner who dies in the circumstances defined in Article 30 of this Decree shall be performed only after a written certification of the death is issued by the police agency or medical agency of provincial level.
Article 74.- Registration of birth and death for Vietnamese citizens having settled abroad
The registration of the birth or death in Vietnam for a Vietnamese citizen having settled abroad shall be performed as defined in the articles from Article 68 to Article 73 of this Decree.
The registration of marriage, adoption, recognition of father, mother, acceptance of tutorship (guardianship) between a Vietnamese citizen and a foreigner or between Vietnamese themselves of which a party has settled abroad shall be performed as prescribed by the legislation on marriage and the family involving foreign elements.
Article 76.- Competence in registering the marriage between foreigners in Vietnam
The registration of marriage between foreigners in Vietnam, if so requested, shall be performed at the People's Committee of provincial level at the place where the foreigners reside.
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Foreigners who apply to register their marriage in Vietnam must conform with the prescriptions of the law in their country or countries on the conditions for marriage and have the certificate of the competent office of the country of which they are citizens concerning the permission to register for marriage at the competent office of Vietnam. This certificate must be legalized by the consulate as prescribed by Vietnamese law and must be translated into Vietnamese and certified by the Notary Public.
Article 78.- Time-limit for registration of marriage between foreigners in Vietnam.
Within 7 days after reception of full valid dossier, the President of the People's Committee of provincial-level shall sign the Marriage Certificate.
Within 7 days after the signing of the Marriage Certificate, the Justice Service shall hand to each party a main copy of the Marriage Certificate and record it in the Marriage Register.
When handing the Marriage Certificate, both foreign parties, male and female, must be present to sign at the same time to the Marriage Certificate and the Marriage Register. The copy of the Marriage Certificate and its number shall be issued at the request of the two parties, male and female.
The People's Committee of provincial level where the Vietnamese settler abroad has earlier registered his/her birth shall perform the registration of the change or correction of his/her civic status or the re-determination of his/her nationality.
The person who asks for change or correction of the civic status or re-determination of nationality shall file an application and produce the following papers:
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2. The Passport, the Identity Card or a valid substitute;
3. Other necessary papers to prove that he/she has all the conditions prescribed in Article 29 of the Civil Code (concerning the application for change of family and given names) and Article 30 of the Civil Code (concerning the application for re-determination of nationality).
The application for change or correction of the civic status or for re-determination of nationality must state clearly the reason and the contents of the proposed changes and corrections and must be certified by two witnesses.
Within 15 days after receiving full valid dossier, if the demand for change or correction of civic status or for re-determination of nationality meets all the conditions prescribed by law, the President of the People's Committee of provincial-level shall sign and issue to the concerned party a main copy of the Decision allowing the change or correction of civic status or the re-determination of nationality. Based on the Decision of the provincial-level People's Committee, the Justice Service shall record the contents of the change into the register of changes and corrections of civic status, the main copy of the Birth Certificate and the Register where the birth of the concerned party has been registered.
1. Civic status papers issued by competent foreign authority to Vietnamese citizens living abroad and if used in Vietnam must be legalized by the consulate as prescribed by Vietnamese law and must be translated into Vietnamese and certified by the State Notary Public.
2. A Vietnamese citizen who repatriates with civic status papers issued by the Vietnamese diplomatic representative or consulate in a foreign country or the competent foreign authority, he/she must record it in the civic status register of the commune-level People's Committee at the place of his/her permanent residence.
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Article 84.- Principle of recognizing civic status changes
1. The Marriage Certificate or the Decision recognizing an adoption issued by the competent authority of the country which has signed an Agreement on Judiciary Mutual Aid with Vietnam shall be regarded as basis for the recording of civic status changes into the register.
The Court verdict, the Decision to allow divorce or termination of adoption issued by the competent Court of a country which has signed an Agreement on Judiciary Mutual Aid that is not necessarily recognized in Vietnam shall also be considered as basis for the recording of civic status changes into the register.
2. For the countries which have not yet signed juridical mutual aid agreements with Vietnam the civic status papers mentioned in Item 1 of this Article shall be regarded only as basis for recording into the register civic status changes in Vietnam on the principle of reciprocity.
The Minister of Justice shall decide on the application of this principle in each specific case.
Article 85.- Procedure of recording civic status changes into the register
1. The applicant for recording civic status changes into the register must send an application to the Ministry of Justice. Depending on each case the application must be attached to:
a/ The Passport or a valid substitute;
b/ A copy of the Marriage Registration Paper, the Decision of the competent authority of the foreign country recognizing the adoption or a copy of the Verdict and of the Decision of the foreign Court which orders the divorce and the termination of the adoption.
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2. Within 7 days after reception of the full valid dossier, the Ministry of Justice shall examine and, if all conditions are met, shall send an official dispatch stating its opinion attached to a set of dossier to the People's Committee of provincial-level in order to record it in the register.
In case not all conditions are met, the Ministry of Justice shall return the dossier to the concerned party and explain the reason in writing.
3. Within 7 days after reception of the dossier and the official dispatch of the Ministry of Justice, the People's Committee of provincial-level shall record the event in the Register of changes in civic status.
Article 86.- Competence in overdue registration of birth and death for Vietnamese settlers abroad
The People's Committee of provincial-level at the place where the birth or death of the Vietnamese residents abroad occurs shall perform the overdue registration of births and deaths.
Article 87.- Procedures for overdue registration of births and death for Vietnamese settling abroad
The applicant for overdue registration of birth or death shall send an application and produce the following papers:
1. The Passport, the Identity Card or a valid substitute;
2. Other necessary papers to prove that the overdue registration of birth or death is truthful.
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Article 88.- Time-limit for overdue registration of birth and death of Vietnamese settlers abroad
Within 7 days after reception of full valid dossier, if the overdue registration is judged truthful, the President of the People's Committee of provincial-level shall sign and issue to the concerned person a main copy of the Birth Certificate or Death Certificate, the Judiciary Service shall record in the register according to each type of affairs and write "Overdue registration with foreign elements" in the column "Notes" of these two registers. The copy of the Birth Certificate or Death Certificate and their numbers shall be issued at the request of the concerned party.
If further clarification is needed, the time-limit may be extended but for no more than 7 days.
The People's Committee of provincial-level where the Vietnamese settler had his/her permanent residence before going abroad or the place of his/her earlier civic status registration, shall perform the re-registration of the birth, death, marriage and adoption which has been registered earlier in Vietnam.
The applicant for re-registration of birth, death, marriage and adoption shall have to send an application and produce the following papers:
1. Passport, Identity Card or valid substitute;
2. Other necessary papers to prove that the re-registration of birth, death, marriage and adoption is truthful.
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Within 7 days after reception of full valid dossier, if the re-registration is judged lawful and that the previous registration is truthful, the President of the People's Committee of provincial-level shall sign and issue to the concerned party one of the following papers: the main copy of the Birth Certificate, or Death Certificate or Marriage Certificate, the Decision recognizing the adoption, and the Justice Service shall record in the register according to each type of affairs and write "Re-registration with foreign elements" in the column "Notes" of the above kinds of register.
If further clarification is needed, the time-limit may be extended but for no more than 7 days.
For the re-registration of marriage and adoption, at the delivery of the marriage Certificate or the Decision recognizing the adoption, the concerned parties must be present in order to sign together to the Register and the Marriage Certificate, or the Register and Certificate recognizing the adoption.
SETTLEMENT OF COMPLAINTS AND DENUNCIATIONS AND HANDLING OF ADMINISTRATIVE VIOLATIONS
1. Citizens and organizations have the right to complain and denounce to the competent State authority about refusal to register or about unlawful civic status registration.
2. The settlement of complaints and denunciations shall comply with the procedures prescribed by legislation on complaints and denunciations.
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A competent person in the registration and management of civic status, either by lack of responsibility or deliberate contravention of this Decree and other legal documents on civic status shall, depending on the seriousness of the violation, be subjected to discipline or examined for penal liability. If damage is caused, the compensation therefor must be made as prescribed by law.
Individuals and organizations that have the duty to register civic status but that do not correctly comply with the prescriptions of this Decree or that take fraudulent acts in civic status registration shall, depending on the extent of their violation, be subjected to administrative sanctions or examined for penal liabilities according to prescriptions of law.
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THE GOVERNMENT
Phan Van Khai
- 1Circular No. 112/2000/TT-BTC of November 21, 2000 guiding the regime of management and use of civil status registration fees
- 2Decision No. 57/2000/QD-BTC of May 20, 2000 issuing the civil status registration fee levels
- 3Decree No. 50-CP of July 26, 1995, on the livelihood allowance for public employees in the communes, wards and townships
Decree of Government No. 83/1988/ND-CP of October 10, 1998 on civic status registration
- Số hiệu: 83/1988/ND-CP
- Loại văn bản: Nghị định
- Ngày ban hành: 10/10/1998
- Nơi ban hành: Chính phủ
- Người ký: Phan Văn Khải
- Ngày công báo: Đang cập nhật
- Số công báo: Đang cập nhật
- Ngày hiệu lực: Kiểm tra
- Tình trạng hiệu lực: Kiểm tra