TIIE MINISTRY OF JUSTICE

CIRCULAR No. 12/1999/TT-BTP OF JUNE 25, 1999 GUIDING THE IMPLEMENTATION OF A NUMBER OF PROVISIONS OF THE GOVERNMENT'S DECREE No. 83/1998/ND-CP OF OCTOBER 10, 1998 ON CIVIL STATUS REGISTRATION

Pursuant to the Government's Decree No. 38/CP of June 4, 1993 on the function, tasks, powers and organization of the Ministry of Justice;

Pursuant to the Government's Decree No. 83/1998/ND-CP of October 10, 1998 on civil status registration;

The Ministry of Justice hereby guides the implementation of a number of provisions on civil status registration as follows:

I. CIVIL STATUS REGISTRATION

A. BIRTH REGISTRATION

The registration of births shall comply with the provisions in Articles 17 to 21 of the Government's Decree No. 83/1998/ND-CP of October 10, 1998 on civil status registration (hereafter referred to as the Decree).

1. The competence to register births defined in Article 17 of the Decree is effected as follows:
   
   The registration of births for children must be made at the People's Committees of communes, wards or district towns (hereafter referred to as the commune-level People's Committee), where the mothers concerned register their permanent residence.
   
   Where a mother has no residence or has not yet got a place of permanent residence registration, but has got a temporary residence, according to the provisions of legislation on residence registration, the commune-level People's Committee in the locality where the mother has registered her temporary residence for a given period of time shall effect the registration of birth for the child.
   
   Where a mother has got a place of permanent residence registration, but, for plausible reasons, is unable to return to such place to register the birth of her child, the commune-level People's Committee in the locality where the child was born shall effect the birth registration; in this case, the mother shall file an application clearly explaining the reasons why she could not return to her place of permanent residence registration for the registration of her child's birth. After making the birth registration and issuing an original of the child's birth certificate, the People's Committee of the commune where the child's birth has been registered shall send a notice and a copy of the child's birth certificate to the People's Committee of the commune where the mother has registered her permanent residence. The People's Committee of the commune where the mother has registered her permanent residence shall make a recording in the birth register; the serial number, the date of registration, the full name and title of the person who has signed the birth certificate and the full name of the juridical-civil servant official must be recorded in strict accordance with the contents of the birth certificate copy. In the "ghi chu" (notes) column of the birth register, the following words "da dang ky khai sinh tai ..." (have already registered the birth at ... ) must be inscribed with a clear statement of the locality (commune, district and province) where the child's birth has been registered. The subsequent issuance of copies of the birth certificate must be based on this register.
   
   
2. When registering a birth, the determination of a child's ethnicity and family name for filling in the birth certificate shall be in compliance with the provisions of Articles 30 and 55 of the Civil Code.
   
   
3. A child who was born and remained alive for 24 hours or more before dying must also have his/her birth registered; if the person who has the responsibility to register the birth for the child fails to do so, the juridical-civil service official shall have to make the registration at his/her house; if a birth certificate is not requested, it shall not be issued; in the "ghi chu" (notes) column of the birth register, the words "tre chet so sinh" (the child died while an infant) must be clearly inscribed for statistical purposes.
   
   
4. In the case of registering the birth of an abandoned child, if the place where the record of the abandonment is made is different from the place where the child had been abandoned, the commune-level People's Committee of the place where the record is made shall have to coordinate with the commune-level People's Committee of the place where the child had been abandoned in carefully inspecting the observance of the provisions of Article 21 of the Decree; if the procedures are complete, the registration shall be effected.
   
   The record of the abandonment of a child must contain the following details: day, month, year and location of discovering the child; the sex, weight, identifying characteristics, any property or other objects found with the child (if any); the full name, address and identity card of the person who discovered the child.
   
   
5. Within 30 days after the birth registration, if any error is detected in the birth certificate as a result of an incorrect entry by the juridical-civil servant official or wrong declaration by the person involved, the commune-level People's Committee of the locality where the birth is registered may issue a new birth certificate to the person involved; the former certificate containing the error must be recovered and destroyed; the registration number, day, month and year of the new birth certificate must be the same as those in the former certificate; in the "ghi chu" (notes) column of the birth register, the adjustment of day, month and year of effect must be additionally inscribed and the adjusted contents shall be stamped with a seal.
   
   For errors detected beyond the above-mentioned time limit, if the person involved wishes to adjust them, he/she shall have to fill in the procedures for civil status corrections, according to the provisions in Articles from 52 to 55 of the Decree and the provisions at Point G, Section I of this Circular.
   
   

B. MARRIAGE REGISTRATION

The registration of marriage shall comply with the provisions in Articles 22 to 26 of the Decree.

1. The competence to register marriages according to the provisions in Article 22 of the Decree shall be effected as follows:
   
   The registration of marriage must be made at the commune-level People's Committee in the locality where the permanent residence of either the male or female party is registered.
   
   Where both the male and female parties have no permanent residence or have not yet got their places of permanent residence registration, but have obtained time-bound temporary residence registration according to the provisions of legislation on residence registration, the commune-level People's Committee of the locality where either of the couple has registered his or her time-bound temporary residence shall effect the registration of marriage.
   
   Where both the male and female parties are Vietnamese citizens who are studying, or working for given periods of time in foreign countries, have not paid attention to their permanent residence registration but are returning to the country and applying for registration of their marriage, the commune-level People's Committee of the locality where the parents of either of the couple have registered their permanent residence shall effect the marriage registration.
   
   
2. The certification of marital status in the marriage certificate must be effected by the commune-level People's Committee of the locality where the person involved registers his/her permanent residence; if the person involved has no permanent residence or has not yet got a place of permanent residence registration but has obtained time-bound temporary residence registration according to the provisions of the legislation on residence registration, the commune-level People's Committee of the locality where the person involved has registered his/her time-bound temporary residence shall make such certification after verifying the marital status of the person involved before the time of his/her temporary residence in the locality.
   
   Where the person involved is an official, employee or laborer working at a Party or State agency, a socio-political organization, a State enterprise or is serving in a People's Armed Forces unit, the certification of the marital status in the marriage certificate shall be made by the head of his/her agency or unit.
   
   The certification of marital status should be written according to the following:
   
   
   Mr. (Ms.)...... . (writing clearly the full name) has permanent/temporary residence registration at..... (or is working at.......), is at present not married to anyone. This is the...... marriage (clearly writing the order/sequence of the marriage).
   
   
   
3. Where both the male and female parties work at the same agency or unit or reside in the same locality (commune, ward, district town) and request the registration of the marriage, only one declaration of marriage certificate is filled in.
   
   
4. Persons applying for marriage registration, who are Vietnamese citizens studying, or working for given periods of time in foreign countries, but are returning home to apply for their marriage registration, must obtain, from the Vietnamese diplomatic mission or consulate in the foreign country where they are studying or working, certification of their marital status during their stay in such foreign countries and certification of their marital status by the commune-level People's Committees of the localities where they had previously registered their permanent residence before leaving Viet Nam, if the place of marriage registration is different from the place of previous permanent residence registration.
   
   
5. The public written notice on the application for marriage registration at the office of the commune-level People's Committee must contain the following details: the full names, dates and places of birth, permanent/temporary residences, identity card details/valid substitute papers of both the male and female parties, and the following inscription:
   
   "Within 7 days after the public notice is posted, if no complaint or denunciation is made against this marriage as being illegal, the People's Committee shall effect the marriage registration".
   
   
6. While the marriage registration is being processed and either party or both parties withdraw the dossiers of application for registration of their marriage, the commune-level People's Committee shall return the dossiers, but the persons involved shall not be refunded any fees already paid.
   
   

C. DEATH REGISTRATION

The registration of death shall comply with the provisions in Articles 27 to 34 of the Decree.

1. The competence to register a death, defined in Clauses 1 to 4 of Article 27 of the Decree, shall be effected as follows:
   
   The registration of death must be effected at the commune-level People's Committee where the dead person registered his/her permanent residence; if the dead person had had no place of permanent residence registration other than the time-bound temporary residence registration, according to the provisions of legislation on residence registration, the commune-level People's Committee where the dead person made his/her time-bound temporary residence registration shall effect the registration of death.
   
   The registration of death at the commune-level People's Committee of the locality where the person died shall be effected in the following cases:
   
   
   • The dead person had neither place of permanent residence registration nor place of time-bound temporary residence registration;
   • The dead person's place of last residence cannot be identified;
   • No traces of the dead person can be found.
   
   
   
2. A newborn child who remained alive for 24 hours or more before he/she died must also have his/her death registered; if the person who should make such a registration fails to do so, the juridical-civil servant official shall make the registration at that person's house; no death certificate shall be issued if it is not so requested; in the "ghi chu" (notes) of the death register, the following words, "the child died as an infant", must be inscribed for statistical purposes.
   
   
3. When making death registration for an unidentified dead person, the People's Committee shall have to comply fully with the procedures defined in Article 31 of the Decree. The minutes certifying the status of the unidentified dead person must be regular and contain the following details: day, month, year and location of discovering the dead person; sex, identity, property and other objects of the dead person (if any); the full name, address and identity card of the person who discovered the dead person. In the "ghi chu" (notes) column of the death register, the burial location and the serial number of the grave card (if any) must be clearly inscribed; columns without details shall be left blank.
   
   Where the trace of the dead person is detected and his/her relatives are identified after the death registration and burial, the commune-level People's Committee where the death is registered shall additionally provide the necessary information in the blank columns in the death register and issue a death certificate to the relatives of the dead person.
   
   
4. The death notice defined in Clause 1, Article 33 of the Decree, shall be sent to the commune-level People's Committee that is competent to make the death registration under the guidance at Point C.1, Section I of this Circular.