THE MINISTRY OF JUSTICE
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No. 01/2008/TT-BTP

Hanoi, June 02nd,  2008

 

GUIDING THE IMPLEMENTATION OF A NUMBER OF PROVISIONS OF THE GOVERNMENT'S DECREE No. 158/2005/ ND-CP OF DECEMBER 27,2005, ON CIVIL STATUS REGISTRATION AND MANAGEMENT

Pursuant to the Government's Decree No. 62/ 2003/ND-CP of June 6 2003, defining the functions, tasks, powers and organizational structure of the Justice Ministry;

Pursuant to the Government's Decree No. 158/ 2005/ND-CP of December 27, 2005, on civil status registration and management;

In order to ensure the uniform implementation of the provisions on civil status registration and management, raise the state management efficiency and create favorable conditions for individuals and organizations to perform the civil status registration rights and obligations, the Justice Ministry guides the implementation of a number of provisions of the Government's Decree No. 158/2005/ND-CP of December27, 2005, on civil status registration and management, as follows:

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I. GENERAL PROVISIONS

1. Time for settlement of civil status affairs

The time for settlement of civil status affairs prescribed in Clause 2 of Article 18, Clause 2 of Article 27. Clause 2 of Article 30. Clause 3 of Article 31, Clause 2 of Article 34. Clause 2 of Article 38, Clause 2 of Article 45. Clause 2 of Article 48. Clause 2 of Article 59 and Clause 1 of Article 67 of the Government's Decree No. 158/ 2005/ND-CP of December 27,2005. on civil status registration. and management (below referred to as Decree No. 159/2005/ND-CP). is calculated in working days.

2. Handling of requests for civil status registration

a/ For civil status registration not settled within a day. dossier-receiving officials shall issue appointment cards, clearly stating the date of returning the results to the persons concerned.

b/ When dealing with civil status registration dossiers, dossier-receiving officials should heed that:

- If the cases fall beyond their jurisdiction, they shall guide the persons concerned to contact competent bodies for settlement:

- If the civil status registration dossiers are incomplete or invalid, they shall guide the persons concerned in writing. The written guidance must fully and clearly state each type of to-be-supplemented paper, must be signed by the dossier-receiving officials with their full names and handed to the persons concerned. The handling duration is calculated from the date of receipt of complete and valid papers.

c/ If they deem the conditions prescribed by the civil status law are not fully met. civil status registration offices shall refuse the registration. The refusal must be notified in writing to the persons concerned. The written refusal must clearly state the reasons therefor, be signed by heads of civil status registration offices and stamped by civil status registration offices.

3. Inscription of the administrative-place names in civil status papers, civil status books

Upon any change in administrative-place names, the section for inscription of administrative-place names in civil status papers, civil status books will be displayed as follows:

a/ Upon registration of civil status incidents (on-time registration, late registration, re-registration).the administrative-place name section in civil status papers and civil status books will be filled in with new administrative-place names.

b/ Upon re-issuance of originals of birth certificates, the administrative-place name section in the birth certificates will be filled in with the administrative-place names already inscribed in birth registration books; the administrative-place name section in the upper left comer of the birth certificates will be filled in with new administrative-place names.

c/ Upon issuance of copies of civil status papers from civil status books, the administrative-place name section in civil status papers (including the upper left comers and contents of civil status papers) must be filled in with the administrative-place names already inscribed in the civil status books.

4. Recovery and cancellation of civil status papers

a/ For civil status papers issued before April 1, 2006 (the effective date of Decree No. 158/2005/ ND-CP), which are now detected as being contrary to legal provisions on civil status at the time of registration, the recovery and cancellation thereof also comply with Decree No. 158/2005/ND-CP, except the marriage registration which breaks the marriage conditions prescribed by the Law on Marriage and Family (the cancellation of marriage registration in this case falls under the jurisdiction of People's Courts).

b/The agencies which issue decisions to recover or cancel civil status papers shall notify such to the agencies which effected the civil status registration for making notes in civil status books and. at the same time, to the persons concerned.

II. CIVIL STATUS REGISTRATION

1. Birth registration

a/ Competence to make birth registration mothers' places of residence

Under Clause 1 of Article 8 and Cause I of Article 13 of Decree No. 153/2005/ND-CR birth registration for children shall be carried cut at the People's Committees of communes, wards or townships (below referred to as commune-level People's Committees.) where the mothers register their permanent residence: if the mothers do not have their places of permanent residence registration, birth registration for their children shall be carried out at the commune-level People's Committees of the localities where the mothers register their temporary residence.

When a mother has her place of permanent residence registration, but is actually living and working stably at her place of temporary residence registration, the commune-level People's Committee of the place where the mother registers her temporary residence is competent to carry out birth registration for her child. (For example: Mrs. T registers her permanent residence in Dinh Bang commune, Tu Son district. Bac Ninh province, but stably works and gave birth to her child at the place of her temporary residence registration, that is Tan Tao ward, Binh Tan district. Ho Chi Minh City, the People's Committee of Tan Tao ward is also competent to carry out birth registration for her child). In this case, the commune-level People's Committee which has made the birth registration shall notify such to the commune-level People's Committee where the mother has registered her permanent residence. The "notes" column in the birth registration books must be inscribed with "birth registration at the mother's place of temporary residence."

b/ Competence to carry out birth registration under Clause l,Article 96 of Decree No. 158/2005/ ND-CP Under Clause 1 of Article 96 of Decree No. 158/2005/ND-CP, the provisions on birth registration in Section 1. Chapter II of Decree No. 158/2005/ND-CP also apply to birth registration for the cases specified at Points a, b, c, d and e of Clause 1, Article 96 of Decree No. 158/2005/ND-CP. The competence to carry out birth registration for these cases is determined as follows:

- Birth registration for children born in Vietnam, whose parents are overseas Vietnamese, will be carried out at the commune-level People's Committee of the locality where the mother or the father resides while in Vietnam.

- Birth registration for children born in Vietnam, whose father or mother is Vietnamese citizen living at home while the other person is overseas Vietnamese, will be carried out at the commune-level People's Committee of the locality where the person being Vietnamese citizen residing at home.

- Birth registration for children born in Vietnam, whose parents are foreigners or stateless persons permanently residing in Vietnam, will be carried out at the commune-level People's Committee of the locality where the mother or the father resides. The competence to carry out birth registration at the place of residence of the mother or the father is determined as for birth registration for children born in Vietnam, whose parents are Vietnamese citizens residing at home.

- Birth registration for children with either parent being a foreigner or stateless person permanently residing in Vietnam while the other is Vietnamese citizen residing at home will be carried out at the commune-level People's Committee of the locality where the person being Vietnamese citizen resides.

- Birth registration for children born in Vietnam with either parent being Vietnamese citizen permanently residing in the border region while the other is citizen of a neighboring country, permanently residing in an area bordering on Vietnam will be carried out at the commune-level Peoole's Committee of the locality where the person being Vietnamese citizen resides.

c/ Determination of the competence to carry out birth registration for children born in Vietnam with either parent being Vietnamese citizen residing at home while the other is overseas Vietnamese

For birth registration for children born in Vietnam, with either parent being Vietnamese citizen residing at home while the other is overseas Vietnamese who bears foreign nationality, the birth registration competence is determined based on the valid passport of the person being overseas Vietnamese. If the persons concerned produce Vietnamese passports, birth registration for their children may be carried out at commune-level People's Committees as provided for at Point b, Clause 1. Article 96 of Decree No. 158/2005/ND-CP; if they produce foreign passports, birth registration may be carried out at provincial/ municipal Services of Justice as provided for in Articles 49 and 50 of Decree No. 158/2005/ND-CP.

This guidance also applies to birth registration for children born in Vietnam, with both parents being overseas Vietnamese.

d/ If children are born overseas, with both parents being Vietnamese citizens, who have not yet made birth registration overseas for their children and later return to reside in the country, the provisions of Section 1. Chapter II of Decree No. 158/2005/ND-CP and the guidance in this Section will also apply. The "notes" column of the birth registration books must be inscribed with "children born overseas, with birth registration no; yet carried out overseas."

e/ If children are born overseas and brought back by their mothers, who are Vietnamese citizens, to live in Vietnam, the provisions on birth registration for out-of-wedlock children in Section I. Chanter II of Decree No. 158/2005/ND-CP and the guidance in this Section will also apply when:

- Birth registration for such children has not been carried out overseas:

- The mothers of such children have not registered their marriages.

If the mothers make declarations about the children's fathers, the fathers shall carry out procedures to recognize their children according to law.

The ''notes" column of the birth registration books must be inscribed with "children born overseas and their birth registration has not been carried out overseas".

f/ Determination of family names and native places

Upon birth registration, children's family names and native places are determined by the family names and native places of their respective fathers or mothers according to customs or agreement of their fathers and mothers.

In case of birth registration for out-of-wedlock children, if decisions on recognition of fathers for such children are not available, the children's family names and native places are determined by their mothers' family names and native places.

g/ Birthplace inscription

If infants are born at medical establishments, the names of such medical establishments and the names of the administrative places where the infants are born will be recorded (Example: HanoiObstetricsHospital or Health Station of Dinh Bang commune, Tu Son district. Bac Ninh province).

If infants are born outside medical establishments, the names of administrative places (commune/ward/township, rural district/urban district/provincial town, province/city) where the infants are born (Example: Dinh Bang commune. Tu Son district. Sac Ninh province).

h/ Birth registration tor abandoned infants

Where infants are abandoned and enclosed with papers carrying information on their fathers and/ or mothers, who cannot be found after the notification is made according to Clause 2. Article 16 of Decree No. 158/2005/ND-CP, such information will only be recorded in the "notes" column of birth registration books; the sections on mothers and fathers in the birth registration books and the infants' birth certificates shall be left blank.

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