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Decree 123/2015/nd-Cp: Detailing Some Things Law Enforcement Measures And Registrar

Original Language Title: Nghị định 123/2015/NĐ-CP: Quy định chi tiết một số điều và biện pháp thi hành Luật Hộ tịch

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The DECREE detailing some things law enforcement measures and Registrar _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ based on Government Organization Law of 25 December 2001;
Pursuant to the law Registrar on November 20, 2014;
Pursuant to the law on marriage and the family on June 19, 2014;
According to the recommendation of the Minister of Justice, the Government issued a decree detailing some things law enforcement measures and Households.
Chapter I GENERAL PROVISIONS article 1. Scope of this Decree detailing a number of articles of the law on registration of birth Registrar, married, manage and use the book the President during the database electronic Registrar and a national database of residents not yet operate uniformly across the country (hereinafter the transitional period); birth registration for children abandoned, children not yet identified the father, mother, children born by pregnancy; birth, marriage, parents, children, deaths in border areas; the level of marital status certificate; birth registration for children born abroad has not been registered the birth of residence in Vietnam; marriage registration have foreign elements in the people's committees at district level; log the Registrar of marriage, divorce, to cancel the marriage of Vietnam nationals have been addressed in the competent bodies; registration of births, marriages, deaths; the layout of the judicial servants-working Registrar dedicated Registrar and some law enforcement measures Households.
Article 2. Present regulations, filed papers registering Registrar, Registrar excerpts copies 1. The registration requirements, the Registrar copies of excerpts show the original Registrar in one of the papers is a passport, identity card, ID card or other photo papers and personal information by authorities, while the value of use (hereafter referred to as valid) to proofs of identity.
During the transitional period, the request to Registrar must present proof of residence.
2. birth registration requirements Who must present a birth certificate or substitute birth certificate documents as defined in paragraph 1 of article 16 of law Registrar; deaths registration must submit the original death Certificate or death Certificate instead of papers according to the provisions in clause 1 Article 34 of law Registrar and in paragraph 2 of article 4 of this Decree; marriage registration must submit the original certificate of marital status under the provisions of section 3 of chapter III of this Decree.
3. foreign language papers used to register the Registrar in Vietnam must be translated into Vietnamese and notarized or attested translation the translator signature as defined by the law.
4. Papers by the competent authority of the country has borders with Vietnam (hereinafter the neighbours), level, use confirmed to register the Registrar under the provisions of article 7 paragraph 1 d of the Act are exempt from the Registrar legal Consul; translated into Vietnamese and have committed by the translator about the room the right content.
5. Copies of papers in application is the Registrar a copy of the original book be issued from or endorsement from originals prescribed by law; cases of people request copies not be attested, the need to present a key to compare.
Article 3. How to submit and receive registration documents Registrar 1. The required registration of marriages, father, mother, children, marriage registration direct filing at the Registry Registrar; the request to the other Registrar may direct filing at the registry, the Registrar sent through the postal system profile or send documents with the Registrar registration system online.
Registry Registrar profile just created a (01).
2. The person receiving the profile has the responsibility to examine the papers to collate the information in the declarations and the validity of the papers in the file by the person required to submit, present; case records are incomplete, then guide the additional requirements. If valid, full profile, the person receiving the written paper records received, which clearly the date, hours paid results.
The case of the person requesting the submission of papers is the copy from the original or a copy of Windows is attested from a principal who receives of resumes are not required to present themselves; If the requested filed only a capture and produce the original receipt of records examined, collated copies with the original and signed confirmation copy about comparing the content of papers.
The case law presented papers it receives unsolicited resumes submitted more copies or snapshot of the papers presented.
3. where the requester submit a profile through the postal system or want to get results through the postal system, they must send the registration fee, the fee level Registrar a copy of excerpts if Registrar not be free of fees and costs charged results through the postal system. The person receiving the record clearly the method of pay results in a paper receipt.
Be charged the results through the postal system to log requests to the Registrar the Registrar by the competent bodies of foreign countries, including the birth; married; guardian; get the father, mother, children; identify the father, mother, children; adoption; change Registrar; death; divorce; cancel the marriage unlawful and request copies of excerpts Registrar under the provisions of article 63 of the law Registrar.
4. for the registration of Registrar must conduct verification under the provisions of this decree law, and Registrar shall submit a written request to time and response time results are not counted in deadlines for resolving specific Registrar.
Article 4. Determine the content of registration of births, deaths of 1. The birth of content is determined by the provisions of article 14 paragraph 1 of the law on citizenship and Household rules: a) them, the word buffer, the names and nationalities of the child is determined by agreement of the parents under the provisions of civil law and embodied in the Declaration of birth registration; the case of the father, the mother has no agreement or no agreement, determined by Customs;
b) nationality of children is determined by the provisions of the law on citizenship;
c) personal identification number is registered the birth be issued when registering the birth. Procedure for grant of personal identification number are made according to the provisions of the law on citizen identity and Decree detailing implementation of the law on citizen identity, on the basis of ensuring the synchronized with the Registrar and this Decree Law;
d) day, month and year of birth are determined according to the solar calendar. Place of birth, sex of the child is determined by the birth certificate by the medical authorities; the case has no birth certificate shall determine according to alternative papers birth certificate as specified in paragraph 1 of article 16 of law Registrar.
For children born in health facilities, the place of birth must specify the name of the medical establishment and the name of the administrative unit, the district, the province where the medical facility; the case of children born outside a medical facility shall specify the name of the administrative unit, the district, the province where the child was born.
DD) hometown of the birth registration is determined as specified in paragraph 8 of article 4 of law Registrar.
2. When registering deaths according to the provisions of the Act, the Registrar of the content must include the death information: They text buffer, name, year of birth of the dead; the personal identification number of the dead, if any; place of death; the cause of death; hour, day, month and year of death according to the solar calendar; nationality if the dead are foreigners.
Deaths registration content is determined according to the death Certificate or death Certificate instead of papers by the competent authorities of the following: a) for deaths in health facilities, the health facility level heads death Paper;
b) for deaths due to enforcement of the death penalty, the President of the Council enforced the death penalty granted to confirm the execution of death sentence instead of death Certificate;
c) for the Court of claims is dead then the verdict, the decision of the Court instead of the paper report;
d) for dead people on vehicles, die by accident, sudden death or was killed, dying there in question, the text confirmed by the police or the results of forensics agency instead of the paper report;
DD) with respect to the dead isn't in one of the cases specified at points a, b, c and d of this paragraph, the Committee granted the commune where the person that died is responsible for granting death.
Article 5. Certification of birth, death Certificate and provide statistics, electronics 1. The medical facility after certification b., death Certificate and the authorities issued a death certificate replacing the documents prescribed in paragraph 2 of article 4 of this Decree are responsible for birth, death figures reported to the Registrar, the registry has the authority under the provisions of the law Registrar to timely statistics full, accurate, according to the provisions of the law.
2. The Health Ministry instructed the medical establishment made the grant on his birth certificate, death Certificate and provide statistics, for the registry authorized registrar as prescribed in paragraph 1 of this article.
Article 6. Legal value of the birth certificate 1. The birth certificate is the original Registrar papers of individuals.
2. All records, papers of individuals with content about them, signature mats, name; day, month, year of birth; gender; the nation; nationality; hometown; the relations of father, mother, you must match the person's birth certificate.
3. where the content of the records, personal papers, other than the contents of the person's birth certificate, the heads, the governing documents or records are responsible for adjusting the records, papers according to the contents in the birth certificate.
Article 7. Conditions change, the main innovation Registrar 1. Changing them, the word buffer, the name for the person under 18 years of age as defined in clause 1 Article 26 of the law Registrar must have the consent of the father, the mother of that person and is expressed clearly in the Declaration; for people from age 9 up enough contest also must have the consent of that person.
2. major Improvements under the provisions of Law Registrar Registrar is the edit personal information in original or in Registrar Registrar papers and is only done when there is sufficient grounds for identifying erroneous fault of servants to do the work or the Registrar of the request to Registrar.
Article 8. Recruitment, layout, fostering public servants to do the work of Registrar

1. From 1 January 2016, the only competent person deployed, new recruits who are eligible under the provisions of the law Registrar and Registrar.
2. Based on the number of officers assigned by the township government, the people's committees of provinces and cities directly under the Central Government (hereinafter the provincial people's Committee) the first priority of the judicial servants layout-working Registrar specialised Registrar in the communes, wards and towns as administrative unit type 1 , type 2 are populated, the amount of work the President many households.
3. The Ministry of Justice to build the program Registrar training and providing professional training certificate Registrar for public servants working households.
The provincial people's Committee building, organizing professional training plan for the Registrar civil servants to do the work of the local Registrar.
Chapter II REGISTRATION, REGISTRAR management, USING the BOOK the PRESIDENT in the TRANSITIONAL PERIOD the item 1 FILING PAPERS, PRESENT article 9. Papers filed and when the birth registration 1. The birth registration request filed the papers according to the provisions in clause 1 article 16 of the law of the registering Registrar of births in the province people's Committee, (hereinafter the township level people's committees) or documents prescribed in Article 36 paragraph 1 of the law of the registering Registrar of births in the district people's Committee , district, town, city in the province (hereafter referred to as the people's committees at district level).
2. The person requesting registration of birth license as specified in paragraph 1 of article 2 of this Decree.
The case of the father, the mother of the child has registered marriage, must present certificate of marriage.
Article 10. Papers filed and present when the marriage registration The registration requirements of the marriage license as specified in paragraph 1 of article 2 of this Decree, filed papers in accordance with paragraph 1 Article 18 of the law of the registering Registrar of marriage at the Committee level or township people's papers under the provisions of paragraph 1 to article 38 of the law of the registering Registrar kissing people's Committee at the district level and submit the original certificate of marital status according to the following rules: 1. in case of marriage registration at the social level of people's Committee of which the person requesting registration of marriage is not resident in the ward, Township, the town where the marriage registration must submit the certificate of marital status by the people's Committee of social authorities according to the provisions of articles 21, 22 and 23 of this Decree.
Case of marriage registration at the district level people's Committee, the person requesting registration of residence in the country must submit verification of marital status by the people's Committee of social regulatory authorities in articles 21, 22 and 23 of this Decree.
2. where the person requesting registration of marriage are working, learning, labour term abroad must submit verification of marital status due to diplomatic missions, consular representative offices of overseas Vietnam (hereinafter the representative body) level.
Section 2 management, USE SHARED REGISTRAR article 11. Established, closeout Registrar 1. Book citizenship was established as 1 atmosphere according the Registrar to be registered.
2. Registrar registry using Windows to burn the Registrar the Registrar to be registered starting from January 1st until December 31st of the year.
Registrar statistics annually is calculated from January 1 to the end on December 31 of that year.
3. Before 5 September 1 of next year, civil servants working on the Windows key to Registrar Registrar; full, accurate statistics and records the total number of the Registrar of the year before on the page adjacent to the registration page of the last year; sign, stating the full name, job title; the report registered households heads the President signed, stamped validation.
Article 12. Windows hosting Registrar 1. After the closeout Registrar, within 15 working days from the date of the Windows key Registrar, registry certificate Registrar 01 copy of book President to transfer saved in Agency management supervisor; for the representative body shall send the focus on Foreign Affairs.
2. Upon receipt of the copies of the shared transfer Registrar, the receiving Agency must examine each log book, setting the Registrar thereon delivered, which clearly state, the registration data of each volume.
3. The shared national property Registrar, be stored permanently under the provisions of the law on archives.
4. retention agency responsible Registrar Book preservation, exploitation, using the book the President as prescribed by law; implementation of the safety measures against fire, explosion, storm, flood, moisture, termites.
Article 13. Write to the shared content to change Registrar, Registrar main improvements 1. Immediately after receiving the notice attached to copy excerpts Registrar under the provisions of paragraph 3 to article 28 of the law on public Registrar and Registrar based copy full records excerpts of content changes, major improvements to the family of origin, including: number, date, month, year; Agency name; they, the signer name registrar excerpts; the report registered households heads the President signed, stamped validation.
The case book President endorsement switch save as stipulated in clause 1 of article 12 of this Decree, the public servants to do the work of Registrar must report in writing with copies to the Registrar excerpts management superior to continue recording the content changes, the main improvement on the corresponding Registrar Book copy. The Agency received a copy of the shared households President is responsible for recording the content changes, the main improvement on the copy book President respectively; Heads up, confirmation stamp on recorded content.
2. The head of the registry, management receives written notice that does not perform log or Registrar is responsible for notifications that do not implement the notice and send a copy of excerpts Registrar under the provisions of paragraph 3 to article 28 of the law Registrar must take responsibility for the consequences of the management exploitation, use false Registrar information according to the provisions of the law.
Chapter III REGISTRATION at the REGISTRAR LEVEL PEOPLE'S COMMITTEES section 1 TOWNSHIP REGISTER of BIRTHS in SOME SPECIAL CASES, article 14. Birth registration for children abandoned 1. Who discovered the abandoned children are responsible to protect the child and immediately notify the people's Committee of public safety where the township level or abandoned children. Cases of abandoned babies in health facilities, the health department heads responsible for notification.
Immediately after receiving the notice, the Chairman of people's Committee of social or public safety Chief social responsibility held up the minutes about the abandoned children; The people's Committee of Social Affairs responsible for individual children or temporary foster organization under the provisions of the law.
The minutes must specify the time, place, discovered the abandoned children; characteristics such as gender, freshness, health status; property or other objects of the child, if any; They name, proof of identity, place of residence of the person who discovered the abandoned children. The minutes must be in the up, who discovered the abandoned child, witnesses (if any) sign and seal of validation.
The minutes are made in two copies, one a save at the Agency, individual or a temporary organization to nurture the child.
2. After setting the minutes prescribed in paragraph 1 of this article, the people's Committee of social conduct listed in the people's Committee of 7 consecutive day about the abandoned children.
3. Expiry of listing, if no information on the father, the child's mother tongue, the people's Committee of social announcements for individuals or organizations that are temporarily foster children to proceed to register the birth to the child. Individuals or organizations are temporarily foster children are responsible for child birth. Birth registration procedures are made according to the provisions in paragraph 2 of article 16 of law Registrar.
They buffer the child's name, signature, is determined by the provisions of civil law. If there is no basis to determine the date, month, year of birth and place of birth of the child, the retrieved date discovered the abandoned children's date of birth; Young's base to determine year of birth; Home is where the discovered abandoned children; hometown is determined according to the place of birth; nationality of the child's country of origin Vietnam. The part of the father, the mother and the child's ethnicity in birth certificates and book Chair left empty; in the book the President stating the "abandoned Children".
Article 15. Birth registration for children not yet determined parents 1. Social Committee where the child is to reside is responsible for birth registration for children not yet determined to be parents.
2. in case of unknown fathers when registering their birth, ethnic group, nationality, hometown of the child is determined by them, ethnic, native, the nationality of the mother; the part about his record in the shared households and the birth certificate of the child to the drum.
3. If at the time of his father's birth registration requests receive the prescribed in clause 1 article 25 of the law of the people's Committee Registrar combine to solve the children and birth registration; birth registration content is determined according to the provisions in clause 1 of article 4 of this Decree.
4. where the child has not yet determined mother that when registering the birth father asked to receive the resolves as defined in Paragraph 3 of this article; the part of the mother in the family and the child's birth certificate to the drum.
5. birth registration procedure for children in an abandoned, has not identified the father and mother shall be as prescribed in article 14 paragraph 3 of this Decree; in the book the President stating the "unspecified Young fathers and mothers".
Article 16. Birth registration for children born by pregnancy households 1. The birth registration request filed papers under the provisions of paragraph 1 of article 16 of law Registrar and certificate of health facilities have made assisted reproductive technique for the pregnancy. The part of the father, the mother of the child is determined according to the pregnancy thanks to couple households.
2. birth registration procedures are made according to the provisions in paragraph 2 of article 16 of law Registrar; birth registration content is determined according to the provisions in clause 1 of article 4 of this Decree.
Section 2 REGISTRATION at the REGISTRAR article 17 BORDER AREAS. Birth registration

1. The people's Committee in the border area for birth registration of children born in Vietnam have a father or mother is a citizen resident in Vietnam that Township also mother or father are permanent neighbors citizens in administrative units the equivalent level of Vietnam adjacent to the commune in Vietnam's border areas where Vietnam citizens often stay.
2. The person requesting registration of birth license as specified in paragraph 1 of article 2 of this Decree and submit the following papers: a) the papers according to the provisions of paragraph 1 of article 16 of law Registrar;
b) text agreement of parents about the choice of nationality for the child as specified in paragraph 1 to article 36 of the law Registrar;
c) copy of proof of identity, prove permanent place in border areas of neighbouring countries citizens.
3. birth registration procedures are made according to the provisions in paragraph 2 of article 16 of law Registrar; birth registration content is determined according to the provisions in clause 1 of article 4 of this Decree.
Article 18. Marriage registration 1. The people's Committee in the border area made registration of marriages between citizens resident in Vietnam that Township with citizens of neighboring countries often stay at the administrative level equivalent of Vietnam adjacent to the commune in Vietnam's border areas where Vietnam permanent citizens.
2. The person requesting registration of the marriage license as specified in paragraph 1 of article 2 of this Decree; direct submission at the communal people's Committee, records registry includes the following papers: a) a marriage registration form rules; the two men, women can use 1 General Declaration;
b) papers by the competent bodies of neighbouring levels not exceeding 6 months as of receipt of confirmation of the current neighbors citizen who is not married or unmarried;
c) copy of proof of identity, prove permanent place in border areas of neighbouring countries citizens.
3. within 3 working days from the date of receipt of a valid application, the judicial officer-check verification, Registrar records and reports the Chairman of people's Committee decision. Case should verify the time limit for resolving not so on working 8.
If the two men, qualified women married under the provisions of the law on marriage and the family, the social people's Committee Chairman signed the marriage certificate, civil servants and the judiciary-the marriage records Registrar Registrar register, along either side of the female, female sign, stating the name of the shared households President , The certificate of marriage; each spouse is granted 1 original certificate of marriage.
Article 19. Subscribe to father, mother, child 1. The people's Committee in the border area made to register the receipt of father, mother, son of Vietnam citizens resident in that locality with citizens of neighboring countries often stay at the administrative level equivalent of Vietnam Township, adjacent to the town in the border area of Vietnam where Vietnam permanent citizens.
2. The request to get my father, my mother, my license as specified in paragraph 1 of article 2 of this Decree and direct filing at the communal people's Committee; profile sign up for father, mother, child includes the following papers: a) declarations received the father, mother, son, according to the prescribed form;
b) papers, documents that parent-child relations or parent-child relationship;
c) copy of proof of identity, prove permanent place in border areas of neighbouring countries citizens.
3. within 7 working days from the date of receipt of a valid application, the judicial officer-records Registrar, listing the receipt of father, mother, children at the people's Committee and Chairman of the report Committee decision Township. The case must verify the time limit to solve 12 working days.
If the receipt of father, mother, son is right and there is no dispute, the judicial officer-content records Registrar Registrar register, the same person who has signed the request, specify the name of the Registrar; Communal people's Committee Chairman signed the grant on each side 1 original Registrar excerpts.
Article 20. Registration of death 1. The people's Committee in the border area made registration of deaths for the dead are foreigners who reside in that Township.
2. The request to register the death file a registration of death according to the form prescribed, a death Certificate or official papers instead of electronic newspapers are issued according to the provisions in paragraph 2 of article 4 of this Decree.
3. Immediately after receiving the record, if the Prince is right, servant of Justice-log Registrar and Registrar request to death, stating the full name on the book the President; the report Commission President grant signed the original town Registrar excerpts for the request.
Case should verify the time limit for resolving not so working on 3rd.
4. After registering deaths, Sapp has written notice accompanied by a copy of Registrar excerpts sent the Foreign Ministry to notify the competent authority of the country in which the dead uk.
Category 3 LEVELS of MARITAL STATUS CERTIFICATE article 21. Authority confirming marital status 1. The township-level people's committees, where the citizen's permanent Vietnam made the confirmed the granting of marital status.
The case of Vietnam nationals have no permanent place, but staying registered under the provisions of the law on residence, the people's Committee of social, where the person is staying level registration certificate of marital status.
2. The provisions in paragraph 1 of this article also apply to the level of marital status certificate for foreign citizens and stateless persons residing in Vietnam, if requested.
Article 22. The procedure of granting confirm marital status 1. People ask to confirm the status of marriage filed declarations according to the form prescribed. The case ask to confirm the condition of marriage for the purpose of marriage, the person required to meet all the conditions for marriage under the provisions of the law on marriage and family.
2. where the person asked to confirm marital status had spouses who divorce or already but your wife or husband is dead, then the need to present or submit legal documents to prove; If in the case prescribed in clause 2 Article 37 of this Decree shall submit a copy of the corresponding Registrar excerpts.
3. within 3 working days from the date of receipt of a valid application, the judicial officer-check Registrar, verification of the marital status of the request. If the requester is eligible, the grant of a certificate of marital status is appropriate legal provisions, the judicial officer-the Registrar people's Committee Chairman signed the level 1 a certificate of marital status for the request. Content verification of marital status are proper attribution of marital status of the person who has requested and the purpose of use of paper confirming marital status.
4. where the person asked to confirm marital status has been registered in many different places, that person has the responsibility to prove about his marital status. The case of that person does not prove to be the servant of Justice-report Registrar President of the people's Committee of social text suggest social people's Committee where that person has already been registered permanent residence to conduct the verification, check on that person's marital status.
Within 3 working days from the date of receiving the text of the proposal, the Commission granted the people's commune was asked to inspect, verify and respond in writing to the Commission requests for township-level people's marital status of the person during the local resident.
5. In the receipt of the reply text, if found sufficient basis, the social people's Committee issued certificate of marital status for the request in accordance with Paragraph 3 of this article.
6. Individual cases requires reissuing certificate of marital status for use on other purposes or due to marital status certificate expired time limit for use as prescribed in article 23 of this Decree, it must resubmit marital status certificate has been issued before.
Article 23. Use value of marital status certificate 1. Marital status certificate has the value 6 months from date of issue.
2. Certificate of marital status used to be married at the competent authorities of Vietnam, married in the competent bodies of the foreign overseas or used on other purposes.
3. marital status certificate not valid when used on purposes other than the purpose stated in the certificate.
Item 4-REGISTRATION of BIRTHS, marriages, DEATHS article 24. Conditions of registration of births, marriages, deaths of 1. The birth, marriage, death has to be registered at the competent authorities of Vietnam before 1 January 2016 but the shared households and original papers are lost, then the Registrar to be registered again.
2. The person requesting registration of births, marriages, deaths are responsible to submit the full paper copy documents with content related to the registration.
3. The registration of births, marriage is only done if the registration request is alive at the time of receiving the records.
Article 25. Authority-registration of births, marriages, deaths of 1. The township-level people's committees, which have registered the birth, marriage or social people's Committee where the resident requests, perform the registration of births, marriage.
2. where the township-level people's committees have registered deaths previously made death registration.
Article 26. Birth registration procedures 1. The birth registration record includes the following papers: a) the declarations prescribed form, which has complained of people asking about the birth registered but not stored are original birth certificate;
b) copy entire records, papers of the requested records or other documents, papers, including the information related to the content of that person's birth;
c) where the person requesting registration of births as public servants, who are in the work force, then in addition to the documents specified in point a and point b of this Clause must have written confirmation of Heads of unit, about the birth of the content which they text buffer, the name; gender; day, month, year of birth; the nation; nationality; hometown; parent-child relationship, mother-son matching records by the Agency, the unit is managing.

2. within 10 working days from the date of receiving the records, judicial officer-check verification, Registrar records. If the registration of births is correct according to the rule of law, the judicial Registrar officer made birth registration as the order prescribed in clause 2 article 16 of law Registrar.
If the birth registration is done at the Committee level people's communes are not registered birth place before judicial Registrar officer to report people's Committee Chairman suggested writing committees where birth registration before checking , verify on the store window at your local Registrar.
Within 5 working days from the date of receipt, the Commission proposal where people have registered the birth before proceeding to check, verify and respond in writing about surviving or not are the shared households.
3. within 3 working days from the date of receiving the verification results about not surviving at the Registrar where Windows has registered the birth, if see full profiles, exact, correct legal judicial officer made the Registrar of birth registration as prescribed in clause 2 article 16 of law Registrar.
4. where the person requesting a copy of the birth certificate previously issued valid birth register content shall be recorded according to the content of a copy of the birth certificate; section stubs about parents are recorded according to the time of birth registration.
5. where the request does not have a copy of the birth certificate but the records, personal papers, have the consistency of content then the birth registration according to the content. If the profile papers, the birth of content then the content was determined according to birth records, papers of the State Agency of the official authorities of the first valid; separately for the servants, officers, employees, who are working in the armed forces, the birth of content is determined by the text of the heads, the units specified in point c of Paragraph 1 of this article.
6. The Ministry of Justice's Guide details records, papers, documents and is the basis for the registration of births as specified in this article.
Article 27. Marriage registration procedures 1. Marriage registration records include the following documents: a) the declarations prescribed form;
b) copy of certificate of marriage issued previously. If no copy of the marriage certificate shall submit the copies of records, personal papers contains the information related to the content of the marriage registration.
2. within 10 working days from the date of receiving the records, judicial officer-check verification, Registrar records. If you see a profile-registration of marriage is correct, accurate, adequate legal provisions, the judicial officer-President, performs household-registration of marriage as the sequence stipulated in item 2 Article 18 of Law Registrar.
If the registration of marriage made at Committee level the commune is not where have registered to marry before the judicial officer-Registrar reporting people's Committee Chairman suggested writing committees where marriage registration before checking, verification of the retention of the shared local Registrar.
Within 5 working days from the date of receipt, the Commission proposal where people have registered to marry before conducting the check, verify and respond in writing about surviving or not are the shared households.
3. within 3 working days from the date of receiving the verification results about non-surviving family President in place of registered marriages, if see full profiles, exact, correct legal judicial officer to conduct the Registrar-registration of marriage as stipulated in paragraph 2 of this Article.
4. marital relations were recognize since the marriage registration before and was clearly in the certificate of marriage, the shared households. The case does not determine the date of registration of the marriage relationship before marriage to be recognized from January 1 of the year of marriage registration.
Article 28. Deaths registration procedure 1. Deaths registration profile includes the following papers: a) the declarations prescribed form;
b) copy of certificate from the previously valid level. If do not have a copy of a death certificate is valid, the filed copies of records, the documents have proven dead event content.
2. within 10 working days from the date of receiving the records, judicial officer-Registrar records. If it deems the information is complete, correct and the death registration is lawful, then report the people's Committee Chairman signed the original level township level excerpts for the Registrar may require; registered content write back deaths in the family of origin, the same people who requested death register, specify the name in the book.
Case should verify the timelines to resolve not to exceed 10 working days.
Chapter IV REGISTRATION REGISTRAR at the DISTRICT-LEVEL PEOPLE'S COMMITTEES Section 1 registration of BIRTHS, marriage Article 29. Birth registration for children born abroad of residents in Vietnam 1. The people's Committee of the district level where the residence of the child have father or mother or both father and mother are citizens of Vietnam, make birth registration for children born abroad in which the birth is not registered.
2. The registration of births required to present proof of the children resident in Vietnam and submit the following papers: a) the declarations prescribed form;
b) birth certificate or other papers by foreign authorities grant acknowledged the child was born abroad and the mother-child relationship if there is;
c) agreement of the parents the choice of nationality for the child as specified in paragraph 1 to article 36 of the law Registrar for cases of children whose father or mother is the citizen of Vietnam, the other is a foreign citizen.
3. No case papers specified in point b of Paragraph 2 of this Article shall make birth registration for children according to the procedure prescribed in clause 5 article 15 of this Decree.
4. On receiving the request, Justice records. If see full profiles, exact and correct legal provisions shall register in sequence, the procedure prescribed in clause 2 Article 36 of law Registrar. B. content is determined according to the provisions in clause 1 of article 4 of this Decree.
Article 30. Profile marriage registration 1. Profile registry was established under the provisions of paragraph 1 to article 38 of the law on citizenship and Household rules: a) male and female sides can Joint Declaration on a marriage registration form;
b) proof of marital status of foreigners is the paper by a foreign competent agency offer the value using the current confirmation that person not married or unmarried; the case of a foreign non-confirm marital status then replaced with papers by the competent authorities confirming that the alien is eligible to be married under the law of that country.
If proof of marital status of foreigners does not record the duration using the papers and certificate of health organizations under the provisions of paragraph 1 to article 38 of the law Registrar is only valid for 6 months from the date of grant.
2. in case of foreigners do not have to present the Passport as specified in paragraph 1 of article 2 of this Decree shall be able to present the international travel documents or residence card.
3. In addition to documents specified in Clause 1 of this article, if the marriage is divorced Vietnam citizens or cancel the marriage at the competent authorities abroad, must submit a copy of the Registrar excerpts were recorded in the log book the divorce or destroy marriage as stipulated in paragraph 2 Article 36 of this Decree; If public servants are or are serving in the armed forces shall submit the documents of the Agency, the management unit to confirm the person is married to foreigners are not contrary to the provisions of that industry.
Article 31. The registration of marriage marriage registration process be made as prescribed in clause 2, 3 and 4 Article 38 of law and Registrar of the following: 1. within 10 working days from the date of receipt of a valid application, judicial conduct research examining the record and verify if deemed necessary. The Chief Justice is responsible for the results and recommendations of the Department of Justice in the settlement of marriage registration records.
2. If the record is valid, the parties have enough conditions for marriage under the provisions of the law on marriage and family, not in case of refusal of marriage marriage registration under the provisions of article 33 of this Decree, the Justice Committee Chair report-level people to sign 2 originals of certificates of marriage.
3. the specific situation of the base, when necessary, the Ministry of Justice reported the Prime additional rules when the interview procedure for resolving a request to register the marriage in order to secure the rights, legitimate interests of parties and effective governance.
Article 32. The Organization granted a certificate of marriage 1. Within 3 working days from the date the President of the people's Committee at district level to sign marriage certificates, the judiciary held a certificate of marriage for male and female sides.
2. The marriage certificate, to be made under the provisions of paragraph 3 to article 38 of the law Registrar.
Marriage certificate of value from the date recorded in the log book and presented to the parties as stipulated in this clause.
3. in case of one or two men, women could not be present to receive the marriage certificate at the suggestion their writing, the justice Room extension of time granted marriage certificate but not more than 60 days from the date the President of the people's Committee at district level to sign marriage certificates. Most of the 60 days that the two sides are not male and female to receive the certificate of marriage, the Justice Committee Chair report-level people to cancel a signed marriage certificate.
If then the two men, women still want to marry each other, they must conduct the registration of marriage from the start.
Article 33. Denied marriage registration 1. The marriage registration denied if one or both parties violate the prohibition or not eligible to marry in accordance with the law on marriage and the family of Vietnam.
2. where the Committee grants the district refused to register the marriage, judicial notice in writing stating the reason for the male and female sides.
Section 2 LOG the MARRIAGE REGISTRAR of VIETNAMESE CITIZENS were SETTLED abroad

Article 34. The conditions written into the marriage Registrar Book of Vietnam nationals have been addressed in the competent bodies of foreign countries abroad 1. The marriage between citizens of Vietnam with each other or with foreigners has been addressed in the competent bodies of foreign countries in foreign countries is recorded in the log book if the Registrar at the time of the marriage, the parties meet all the conditions of marriage and does not violate the prohibition under the provisions of the law on marriage and the family of Vietnam.
2. If at the time of registration at the competent authorities abroad, the marriage does not meet the conditions for marriage, but does not violate the prohibition under the provisions of the law on marriage and the family, but the time required to write to the shared the marriage Registrar, the consequences have been overcome or the married notes is intended to protect the interests of the population of Vietnam and older children, the marriage was also recorded in the book.
Article 35. Order and procedure of marriage notes 1. Marriage notes for records by either party to marry filed at the competent authority as defined in Article 48 of the law on paragraph 1, including the Registrar the following documents: a) the declarations prescribed form;
b) a copy of the marriage certificate papers by the competent bodies of foreign countries;
c) Besides the papers specified in point a and b of this paragraph, if the send via the postal system also must submit a copy of the papers both male and female parties as defined in paragraph 1 of article 2 of this Decree; If Vietnam citizens have divorce or destroy the marriage at the agency competent to submit foreign excerpts of the book have written to the President of the divorce or destroy marriage as stipulated in paragraph 2 Article 37 of this Decree.
2. The time limit for settling the Registrar records the marriage is 10 working days from the date of receiving Justice records.
Case should verify the timelines to resolve not to exceed 10 working days.
3. procedure to log the marriage Registrar is made according to the provisions in paragraph 2 of article 50 of law and Registrar regulations: a) if log requests the marriage Registrar is eligible under the provisions of article 34 of the Decree, the Chief Justice notes in shared and reported people's Committee Chairman granted the district signed a major supply quote contents for the Registrar requires.
b) if log requests the marriage Registrar in one of the cases stipulated in Article 36 paragraph 1 of this Decree, the Chief Justice reported the President of the people's Committee at district level to decline.
Article 36. Rejecting the marriage log 1. Log requests rejected the marriage if one of the following cases: a) the marriage violated the prohibition under the provisions of the law on marriage and family.
b) Vietnam nationals married foreigners in diplomatic missions, consular representations abroad in Vietnam.
2. where the Committee grants the district refused to log the marriage Registrar, judicial notice in writing stating the reason for the request.
Item 3 the REGISTRAR LOG divorce, CANCELLATION of the MARRIAGE HAS BEEN RESOLVED in the foreign Article 37. Registrar log the divorce, the marriage cancellation 1. Judgment of divorce decisions, destroy marriage, the divorce agreement text has legal effect or other papers recognize the divorce by the competent bodies of foreign countries (hereinafter the divorce papers) that do not violate the provisions of the law on marriage and the family shall be recorded in the book.
2. The population of Vietnam have divorce, cancellation of the marriage in a foreign country, then on permanent water or make a new marriage registration procedures at the Agency have the authority of Vietnam, they must write to the Registrar the divorce Book, cancel the marriage was settled abroad (hereinafter the notes of divorce). The case has repeatedly divorce or marriage then only made notes of divorce.
3. On the basis of official information received, the Ministry of Justice on the electronic portal of the Ministry of Justice list of judgments, divorce decision, cancelling the marriage of Vietnam citizens due to the competent foreign authorities to resolve in the case of petition for enforcement in Vietnam or that the petition is not recognized in Vietnam.
Article 38. The Authority notes divorce divorce notes jurisdiction is determined according to the provisions in paragraph 2 of the law 48 Households and the following provisions: 1. the people's committees at district level where the marriage registered or recorded in the log book the marriage Registrar previously made divorce notes.
The case of the married or previously married the notes made at the Justice Department, the note of divorce due to the people's Committee of the district level where the population of Vietnam made.
The case of the previous marriage was registered in the township-level people's committees of the notes of divorce due to the people's Committee at district level on the level of implementation.
The case Vietnam citizens not resident in Vietnam, the notes of divorce by the Committee-level people's place of residence before the exit of the population of Vietnam made.
2. The population of Vietnam from foreign resident in Vietnam have asked divorce notes that the previous marriage was registered in the representative body or the competent authority in the foreign country, the notes of divorce due to the people's Committee of the district level where the population of Vietnam made permanent.
3. Vietnam citizens resident abroad are asked to note the new marriage to divorce that the previous marriage was registered in the representative body or the competent authority in the foreign country, the notes of divorce due to the people's Committee of the district level where the reception of the new marriage records made.
Article 39. The procedure of divorce notes 1. Profile divorce notes includes the following papers: a) the declarations prescribed form;
b) copy of divorce papers have legal effect.
2. The procedure of divorce notes are made according to the provisions in paragraph 2 of article 50 of law and Registrar regulations: a) within 5 working days from the date of receipt of a valid application as specified in paragraph 1 of this article, do the work of Justice Registrar records. If the notes do not divorce violate the provisions in clause 1 Article 37 or not in the event are posted on the electronic portal of the Ministry of Justice as specified in paragraph 3 Article 37 of this Decree, the Chief Justice notes in shared and reported people's Committee Chairman granted the district signed a major supply excerpts for the Registrar requires.
Case should verify the timelines to resolve not to exceed 10 working days.
b) If requesting divorce notes violated the provisions in clause 1 Article 37 or in case was posted on the electronic portal of the Ministry of Justice as specified in paragraph 3 Article 37 of this Decree, the Chief Justice reported the President of the people's Committee at district level to decline.
c) If the previous marriage was registered in the Ministry of communications, the Department of Justice or township Level after divorce notes, the justice Room attached to the notice a copy of excerpts for Registrar-level people's committees of communes or the Justice Department to the next notes in Shared households President; If it is registered at the agency representative then sent the Foreign Ministry to inform the representative body the next notes in Shared households.
Item 4-REGISTRATION of BIRTHS, marriages, DEATHS Article 40. Conditions of registration of births, marriages, deaths of 1. The birth, marriage, death of Vietnam citizens settled abroad or of foreigners registered at the competent authorities of Vietnam before 1 January 2016 but the shared households and original papers are lost, then the Registrar to be registered again.
2. The registration of births, marriage is only done if the person requested is alive at the time of registration requirements.
Article 41. Authority-registration of births, marriages, deaths of 1. District-level people's committees, which have registered the birth, marriage, death was previously made to re-register the birth, marriage, death.
2. in case of births, marriages, deaths were registered at the township-level people's committees of the registration of births, marriages, deaths due to district-level people's committees on the level of implementation.
3. in case of births, marriages, deaths were registered at the provincial people's Committee or the Department of Justice, the registration of births, marriages, deaths due to district-level people's committees of the residence of the person who made the request; If that person does not reside in Vietnam by the people's Committee of the district level where the current headquarters of the Department of justice done.
Article 42. The procedure of registration of births, marriage, death and birth registration procedures, marriage, death is made similar to the provisions in articles 26, 27 and 28 of this Decree.
Chapter V ENFORCEMENT PROVISIONS Article 43. Responsibility 1. Chairman of the provincial people's Committee is responsible for directing the implementation of the tasks according to the provisions of this Decree and Registrar Law, implement the following measures in order to ensure the efficiency of registration and local management: a) building plans, training organizations, fostering layout, public servants working at Registrar level, district level in accordance with the provisions of the law on Township Households and this Decree;
b) funding arrangement, the facilities meet the requirements of registration and local management;
c) inspection organization, inspection, complaints, accusations and handle breach of the laws on jurisdiction Registrar.
3. The President of the people's Committee at district level, the social level is responsible for directing the implementation of the tasks according to the provisions of this Decree and Registrar Law, implement the following measures in order to ensure the efficiency of registration and local management: a) directing public servants working full registration Registrar timely, proper legal provisions the Registrar event occurs; make notice of the registration and Registrar updated the event Registrar under the provisions of the law of the Registrar;
b) directed the Agency with local departments to coordinate closely with the judicial servants-Registrar in the urge, review the work born, Prince has not yet been registered in the area, has difficulty solutions, guarantee the right of the Registrar to register people.
c) situation of base practices, planning layout resources, funding and directing the work of registering at the local Registrar under the guidance of the Ministry of Justice.

3. The President of the people's Committee of the levels is responsible for recruiting, redeploying public servants working improperly Registrar Registrar law and decrees.
Article 44. Transitional provisions 1. Records request to Registrar Registrar registry are received before 1 January 2016 which have not solved then continue to be settled according to the provisions of Decree No. 158/2005/ND-CP on December 27, 2005 by the Government on registration and management, and Decree No. 126/2014/ND-CP on December 31, 2014 of government regulation some of the details and the measures for implementation of the law on marriage and the family.
2. for cases of female, male living together as husband and wife before March 1, 1987 that unregistered marriage shall be encouraged and created the conditions for marriage registration. Marital relations were recognize since the parties establish a relationship living together as husband and wife. The authority, registration of marriage is made according to the provisions of article 17 and Article 18 of the law Registrar.
Article 45. Effect 1. The Decree has effect from January 1, 2016.
2. Abolish the legal text and the following terms: a) Decree No. 77/2001/ND-CP dated 22 October 2001 of the Government regulation on marriage registration details under resolution No. 35/2000/QH10 of the National Assembly on the implementation of the law on marriage and the family;
b) Decree No. 158/2005/ND-CP on December 27, 2005 by the Government on registration and management;
c) article 1 and article 3 of Decree No. 06/2012/ND-CP of July 8, 2012 of the Government revising, supplementing some articles of the Decree about the Registrar, marriage and family and probate;
d) Articles 3, 5 and 44 of Decree No. 24/2013/ND-CP of March 2013 from the Government detailing the implementation of the law on marriage and family on marriage and family relations are foreign;
DD) From Item 1 to Item 6 Chapter III including articles from article 19 to 50 and art. 1 Article 63 of Decree No. 126/2014/ND-CP DATED 31 December 2014 the Government detailing some things law enforcement measures and marriage and the family.
3. Amend Paragraph 2 to article 63 of Decree No. 126/2014/ND-CP DATED 31 December 2014 the Government detailing a number of articles and Law enforcement measures that marriage and family are as follows: "2. The Justice Department helps provincial people's Committee in implementing State management on marriage and family of foreign elements in local , perform tasks and specific powers under the provisions of this Decree ".
4. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the people's Committee and the organizations and individuals concerned are responsible for the implementation of this Decree.