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Decree 83/1998/nd-Cp: On Registration Registrar

Original Language Title: Nghị định 83/1998/NĐ-CP: Về đăng ký hộ tịch

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The DECREE on registration Registrar _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on Government Organization, 30 September 1992;
To implement unified state management of Registrar, in order to facilitate individual, organization when registering Registrar;
According to the recommendation of the Minister of Justice, the DECREE: chapter I GENERAL PROVISIONS article 1. Registrar and Registrar Registrar register is the basic facts define the condition of identity of the person from birth until death.
Register the Registrar under the provisions of this Decree is the competent State bodies: 1. Confirm the facts: Born; married; Prince; adoption; guardian; get the father, mother, children; change them, name, signature mats; improve themselves, name, signature, date of birth; redefine the nation; registration of births, deaths out of date; -registration of the birth, death, marriage, adoption;
2. Pursuant to the decision of the competent State agencies, write to the Registrar the registration book about divorce, identify the father, mother, son, changed nationality, missing, lost the capacity for civil acts, limited capacity for civil acts, unlawful marriage cancellation, limiting the rights of the father for my mother, juvenile or other events stipulated by law. Registrar documents by competent State agencies granted according to the procedure, the order specified in this Decree as evidence the facts about the Registrar, do arise, change or termination of the rights and obligations of individuals, organization.
Article 2. The purpose of management is the management of the work of the competent State bodies undertake to monitor the real situation and the volatility on the Registrar, in order to protect the rights, legitimate interests of individuals, organisations, at the base of the building, economic development, social Defense and security, population policies, family planning.
Article 3. Rights and obligations of the Registrar registration Registrar event must be posted at the State Agency has the authority under the provisions of this Decree.
Individuals, organizations have the right and obligation to register households. The competent State authorities are obliged to register the Registrar under the provisions of the law on the Registrar and is responsible for facilitating the implementation organization, personal rights and duties register households.
Article 4. The principle of registration, examination and processing of the breach of The Registrar to register, examine and handle breach of the Registrar must be made timely, objective, accurate according to the provisions of this Decree and the other provisions of the law on the Registrar.
Article 5. Registration and management of foreign elements have the registration and management of foreign elements have been made under the provisions of this Decree and the other provisions of the law on the Registrar. In the case of international treaties to which the Socialist Republic of Vietnam signed or otherwise with this Decree and the other provisions of the law on the Registrar, the application of international treaties.
Article 6. Saving the Registry Registrar Registrar registry are stored in two levels: a scrapbook at the people's Committee of the communes, wards and towns (hereinafter referred to as the people's Committee of social) where Registrar registration and a set of Windows at the provincial people's Committee, the central cities (hereafter referred to collectively as the provincial people's Committee).
Article 7. Registrar fees authorized State bodies when be Registrar registration fee. The level of fee income, the long, rising fees and the fees due to the Ministry of finance and the Ministry of Justice regulations.
Chapter II MANAGEMENT article 8. The duties and powers of the Ministry of Justice and Ministry of Foreign Affairs in management 1. The Department of Justice helps the Government of unified management, the following powers: a. drafting of the project laws and ordinances on the Registrar;
b. The Government issued or issued under the authority of the legal text on registration and management;
c. Guide, professional direction of Registrar;
d. issuing, managing and guiding the use of uniform type books, Registrar form;
preferred Registrar statistics;
e. inspection check of registration and management;
g. complaints, accusations about the Registrar according to the authority;
h. the aggregate annual situation and Government reports about the work of Registrar;
i. international cooperation about the Registrar.
2. in registration and management, Ministry of Foreign Affairs has the task, the following powers: a. to coordinate with the Ministry of Justice in the direction, instruction, testing, holding the registration and management of the diplomatic representations, consular authorities abroad (hereinafter referred to as the foreign representative offices Consular Agency), under the provisions of the law on the Registrar;
b. organize professional training for officers working at Registrar diplomatic representations, consular agency of Vietnam abroad;
c. complaints, accusations about the Registrar according to the authority;
d. aggregate statistical and situation the figures overseas Registrar to send to the Ministry of Justice periodically and six months of every year.
Article 9. The duties and powers of provincial people's committees in the management of the household registry and citizenship 1. The provincial people's Committee to unify the management of local, whose task, the following powers: a. steer, examine, organize the registration and management according to the provisions of this decree with regard to the people's Committee in the local level;
b. build the system registry organization and management in the locality;
c. advocacy organization, dissemination, lobbying the people obey the rules of the law of Registrar;
d. Organization of professional training for officers working households of people's Committee of the district, County, city, town in the province (hereinafter referred to as the people's committees at district level);
Sync registered events arise in local Registrar for foreigners, Vietnam people settled abroad under the provisions of the law on the Registrar;
e. allow to change them, name, signature mats; improve themselves, name, signature, date of birth; redefine the nation;
g. registered overdue events Registrar under the authority of the provincial people's Committee;
h. registration Registrar events due to provincial people's Committee has registered;
i. paper copies from the original book Registrar;
k. General situation and the statistics report for the Ministry of Justice Registrar periodically six months and annually;
l. store the books, profiles from social people's Committee moved up and the books, profiles registered in committees dâ n;
m. managing, using books, in the form prescribed by The Registrar;
n. complaints, accusations and handle breach of registration and management according to the authority.
2. The Justice Department helps provincial people's Committee performs the duties and powers prescribed in paragraph 1 of this article.
Article 10. The duties and powers of the people's Committee of the district level in management 1. The people's Committee of the district level in the local management, task, the following powers: a. steer, checked the implementation of registration and management in the locality;
b. advocacy organization, dissemination, lobbying the people obey the rules of the law of Registrar;
c. Organization of professional training for officers in the local judicial Registrar;
d. General situation and statistical reporting data for the people's Committee of the Registrar to grant the province periodically six months and annually;
Sync types use management books, in the form prescribed by The Registrar;
e. complaints, accusations about registration and management according to the authority.
2. Justice at district level people's committees help accomplish the duties and powers prescribed in paragraph 1 of this article.

Article 11. The duties and powers of the people's Committee in the township-level registration and management 1. In the field of management, social people's Committee has the following duties and powers: a. birth registration; married; Prince; adoption; guardian; get the father, mother, children; registration of births, deaths out of date; Re-register the birth, death, marriage, adoption;
b. based on the decision of the competent State agencies, write to the Registrar the registration book about divorce, identify the father, mother, children change citizenship, missing, lost the capacity for civil acts, the limitation of civil behavior, cancel the marriage is unlawful, limiting the rights of parents with regard to the juvenile and other Registrar events law;
c. copies of the papers from your original Registrar;
d. advocacy, dissemination, lobbying the people obey the rules of the law of Registrar;
Sync general situation the statistics report for the Registrar-level people's committees periodically six months and annually;
e. policy, profiles;
g. use the books, in the form prescribed by The Registrar;
h. complaints, accusations and handle breach of registration and management according to the authority.
2. The officers of the judicial Registrar of the Judicial Committee is responsible for helping the people's Social Committee made the tasks and powers prescribed in paragraph 1 of this article.
Article 12. The regime of Justice Registrar officers in the people's commune-level Committee, the judicial Registrar officers are entitled to subsistence mode as specified in Decree No. 09/1998/ND-CP dated 23 January 1998 amending and supplementing Decree No. 50/CP on 26 July 1995 the Government subsistence mode for Township officers Ward, the town.
Article 13. Standards of Justice Registrar officers who have the following conditions can be assigned to do justice Registrar officer: 1. Vietnam citizens;
2. Have full capacity behavior;
3. Have good moral character;
4. Have graduated from high school;
5. Have a sense of responsibility in the work;
6. clear writing;
7. Be professional training Registrar.
Article 14. These cases are not assigned judicial Registrar officers officers of Justice Registrar not oversee Registrar interface in the following circumstances: 1. Do not complete tasks;
2. No conditions to perform the task;
3. Violation of the regulations on registration, management or the violation of other laws.
Article 15. The duties and powers of Registrar officers of justice judicial Registrar officers help people Committee granted the town to perform the task, the following powers: 1. Accepting the records, verify, test and the proposed people's Committee Chairman social consideration, decided the registration Registrar under the provisions of this Decree and the other provisions of the law on the Registrar. When registration is complete, exact content was specified in the Registrar form, books;
2. Check regularly and timely registration of events arising in the local Registrar. For those people left the area dominated by the customs, usages, is too difficult, the judicial Registrar officers must have periodic schedule to take home to register the event Registrar has arisen;
3. Cooperation with the authorities involved in the statistics report accurate data Registrar periodically six months and annually;
4. Dissemination, mobilization of the people obey the rules of the law of Registrar;
5. Using the form specified by The Registrar;
6. store the books, profiles.
Article 16. The duties and powers of the diplomatic missions, Consulate of Vietnam in foreign countries in the field of registration and management.
1. in registration and management, diplomatic missions, Consulate of Vietnam in a foreign mission, the following powers: 1. birth registration; married; Prince; adoption; guardian; get the father, mother, children; improve themselves, name, signature, date of birth; registration of births, deaths out of date; Re-register the birth, death, marriage, adoption (for the previous Registrar events registered in diplomatic missions, consular agency) for Vietnam citizens abroad;
2. Pursuant to the decision of the competent State agencies, write to the Registrar the registration book about divorce, identify the father, mother, children change citizenship, missing, lost the capacity for civil acts, the limitation of civil behavior, cancel the marriage is against the law, restricting rights of the parents with respect to minor children and other events stipulated by law.
3. register the Registrar occurs abroad the competent authority of the country of registration for Vietnam citizens, when litigants have requested.
4. Copies of the papers from your original Registrar;
5. books, records Registrar;
6. the general situation and the statistics report for the Ministry of Foreign Affairs Registrar periodically six months and annually;
7. Use the books, in the form prescribed by The Registrar;
8. Complaints, accusations and handle breach of registration and management according to the authority.
Diplomatic missions, Consulate of Vietnam in foreign elections officers are dedicated to the task and powers of registration and management in foreign countries.
Chapter III Section REGISTRAR REGISTRATION BIRTH REGISTRATION article 17 1. The birth registration authority 1. The registration of births are done at the Committee level where Township people's parents have permanent residence, or the place where the child was born.
2. In the case of the mother usually stay in one place, but the birth registration for children in another place, the place where the township-level people's committees to register must submit the notice accompanied by a copy of the birth certificate for communal level people's committees where parents have permanent residence to record into the registry of births. The people's Committee of the social registry must establish a birth registry book specifically for these cases, no statistics on the number of children born.
3. In case the parents do not have permanent residence, had cut the household moved in the old residence, but not sufficient, condition to be registered permanent residence in the actual place of residence, then the registration for children was done at the Committee level where Township people's household registry mother staying has a time limit.
Article 18. The deadline to register the birth within 30 days from the date of birth of the children, father, mother, or like, the person in charge must give the child birth; for the mountain areas, remote areas, then the time limit on no more than 60 days.
Article 19. Birth registration procedures 1. Riders filed birth birth certificate due to a medical facility where children born and present the following documents: a. the certificate of marriage of the parents of the children (if any);
b. Hukou, or household registration Papers staying of the mother;
c. the identity of the person to the birth registration.
In case there are not enough of the papers mentioned above, they must have valid papers instead.
If children born outside a medical facility, the birth certificate is replaced with a written confirmation of the witness or of the Commander, the driver of the means of transport, if born on the vehicles.
If there are enough valid papers, the Chairman of people's Committee of the social register and now an original birth certificates for the children, the judicial Registrar officers are recorded in the birth registry. Copies and the number of copies of birth certificates are issued at the request of riders was born.

2. In the case of birth to illegitimate, most stubs about parents when unknown then in the birth certificate and in the register of births to the drum. If any recipients do father, mother of the child, based on the decision to recognize the father, the mother receives the child of competent State agencies that write the name of the person who is recognized as the father, mother to the testimony of the father, the mother in the birth certificate and in the register of births of children.
3. The witness must be fully the following conditions: a. From 18 years of age, have the capacity and full civil acts;
b. the work related to the witness;
c. no rights, benefits related to employment.
Witnesses must be responsible before the law for the content to which they testified.
These papers have been due to false witness behavior will be revoked.
The conditions for the witnesses specified in paragraph 3 of this article are applicable to all cases where the Registrar registered this Decree stipulates to have witnesses.
Article 20. Birth for children born and dead children born live to be 24 hours or more and then die, you must register the birth under the provisions of this Decree, if died before birth (death) or birth that life hasn't been 24 hours, you do not have to register the birth.
Article 21. Born for the abandoned newborn children Who found the abandoned children have a responsibility to protect children there and notify the people's Committee of social or public safety facility nearest to the minutes confirmed the condition of the babies abandoned. The Committee people search person or organization receiving the foster children.
The people's Committee of public safety or social basis where abandoned babies are reported on the mass media to find his father, the child's mother tongue. Within 30 days from when the abandoned newborn children, if not to find her father, mother, person or organization receives the right upbringing for children that was born in the township-level people's committees where established thereon.
When the children's birth, the birth must submit documents certifying the condition of abandoned babies and Hukou or family legal documents instead.
When the register of births for infant abandonment, if not have the basis to determine the date of birth and place of birth, then the day discovered the abandoned children's date of birth, place of birth is the place created a situation of children abandoned. Section stubs about parents of children in the birth certificate and in the register of births was empty. In the case of recipients of children for adoption, based on the decision to recognize the adoption of the social people's Committee, the judicial Registrar officers write the name of the person who is recognized as the father, foster mother to the testimony of the father, the mother in the birth certificates of adopted children, but the notes in the birth registry must specify "the father , foster mother ". Content notes must be guaranteed in absolute secrecy, only the new authorities have the right to exploit and use this information.
Section 2 REGISTRATION Article 22. The registration authority to marry people Committee granted the town residence of the South side or party girls make the registration of marriages.
Article 23. Registration of marriage When marriage registration, on men and women must be present, file a marriage registration and present the following documents: 1. The birth certificate of each party;
2. Hukou South party or party family females where the marriage registration.
In case there are not enough papers on, it must have valid papers instead.
In case of doubt one side or both sides of the women's mental disease are not likely to be aware of their acts, venereal disease, then you are supposed to have examinations of medical authority district level.
Marriage registration form must be certified by the Agency, the unit where the work (for the officers, servants, workers, people's armed forces), or of the people's Committee for social housing (for the people) of each side about marital status. Confirming marital status has a value not exceeding 30 days. In the event either party or both parties had either spouse but has the other person has died or divorced, you must submit a copy of the judgment, the decision has force of law on the courts for divorce or a copy of a death certificate.
In case one of the two could not come to applying for registration of marriages that have good reason, you can send people Committee where marriage registration application submission is absent, the form must clearly state the reason for absence, confirmed by the people's Committee of social residence.
The couple has divorced, wanted to marry together, you must also register the marriage according to the procedure defined in this article.
Article 24. The deadline for registration of marriage When getting enough valid profile, social people's Committee to conduct verification of the condition of marriage and listed the marriage registration at the people's Committee Office within 7 days. If need further verification, the time limit extends no more than 7 days.
After the deadline, if it deems the two sides qualified men and women married under the provisions of the law on marriage and family and don't have the complaints, accusations about the marriage, then the social people's Committee must notify both parties of men and women to know about registration date.
After the 7 day period from the date of the notice, if the two sides don't men and women to marriage registration without good reason, then people's Committee to cancel the marriage and registration please notify litigants said.
Article 25. Marriage registration ceremony of marriage registration Ceremony was held at the township-level people's committees where registered. For mountainous areas, remote areas, is too difficult, then the marriage registration ceremony can be held in a village.
At the marriage registration, on men and women must be present, representative of the social people's Committee to consult with the last of the two parties, if the two sides still agree to marry each other, the judicial Registrar officers invited them along to sign the marriage certificate and marriage registry. Chairman of people's Committee of the social register and awarded to each party a copy of the marriage certificate itself, explained to the two sides on the rights and obligations of spouses under the provisions of the law on marriage and family. Copies and the number of copies of marriage certificates are issued at the request of the two parties.
Article 26. Refused to register the marriage in the case of a party, or both parties are not eligible to marry according to the provisions of the law on marriage and family, within 7 days, the people's Social Committee invited the two sides to the South, to the people's Committee to announce the rejection of registration reason, refused to specify in writing.
Section 3 REGISTRATION of DEATH article 27. Deaths registration authority 1. The people's Committee of social residence of the dead made the registration of death. In no case determine the place of residence of the deceased, the people's Committee of social place that die make the registration of death.
2. The registration of deaths for active military service is done at the Committee level people's communes where he/she resided before his military service.
3. The registration of deaths for military officers, professional military personnel, workers, employees of national defence, the people's public security was implemented at the people's Committee of township-level people dead.
4. for the registration of births to deaths in detention, custody, then the Commander of the detention place, directly responsible for custody are informed of where he/she resided before his detention, custody to register deaths.
5. The registration of deaths for the dead while the execution imprisonment, death due to enforcement of the death penalty or die in the institution, the school brought was done at the Committee level people's communes where that person's detention.
Article 28. The time limit for registration of death

When someone dies at home or when receiving death certificate, relatives of the dead to go to death. If the dead have no relatives prefer, the landlord or the person in charge of the Agency, organization, unit where people die deaths.
With regard to the area of the city, town, commune, the time limit for registration of deaths is 48 hours from when the person died.
For rural areas, mountainous, remote areas, then the time limit on the not so 15 days.
Article 29. Death registration for children born and dead children born that lived to be 24 hours or more and die just to register the birth, just have to register death, if death before born (died) or produce that died right then not registering deaths.
Article 30. Registration of death in cases of dead people have questioned, died of the disease 1. The only township-level people's committees to register death and burial permit once had written determine the cause of death of the public security authority in the following cases: a. died suddenly without known cause;
b. Death by accident;
c. died by suicide or was killed, suspected of being killed, being the big picture;
d. deaths unknown tung;
DD. Other cases prescribed by law.
Who discovered the dead have questionable must notify the nearest facility, the facility must up the superior public security authorities. When reports, the public security authority must have text that determine the cause of death for people's Social Committee made the registration of death.
2. In case of death due to the disease, the only township-level people's committees to register death and burial permit once the opinion of the competent medical authorities.
Article 31. Registered deaths for unknown dead Frank Who discovered the dead unknown tung area of must for social people's Committee or the police base where the dying to set the minutes confirmed the deceased status unknown. The minutes must be signed by the person who discovered the dead unknown Frank, representative of the social public security, the people's Committee of representatives and two witnesses.
The people's Committee of social or public security facility where the dead are reported on the mass media to search for relatives of the dead. Within 72 hours from when the person dies, if not find ones like and permission of public security authority, the social people's Committee where there are dead people must perform the registration of deaths, buried and preserved pictures, mark, objects of the dead.
Article 32. Registration of death for people with the Court claiming to have killed 1. The registration of death for sufferers the Court declared dead is done when the Court's decision has the effect of law. Who asked the Court to declare a person dead must perform the registration of death.
2. When a person is declared dead by the courts, have been registered deaths, far back or there is news that person alive, the social people's Committee where deaths registered pursuant to the decision of the Court regarding the annulment of the decision to declare that person is dead the person's name in the Windows, brick took to register deaths.
Article 33. Death Certificate-level 1. Authority report: a. for the dead in the hospital or dead at the medical facility, the head of Department or the person in charge of a health facility that granting death;
b. for the dead on the means of transport, then the Commander or the operator must set up transport documents confirm the death, signed confirmation of at least two passengers traveling on vehicles. As to the first landfall for each means of transport, the Commander or the driver of vehicles delivered the minutes confirmed the death to the person in charge of parking, parking charge is responsible to the people's Committee of social or public safety facility nearest to the procedure granting death;
c. for the dead in time are doing military service, the military authority of the person issuing the electronic message;
d. for a permanent place, but died in a place other than the medical establishment, the people's Committee of social place that death death certificates;
Timer Lies with the person who died in detention, the station Superintendent jail death Paper cable;
e. for the person with the implementation of the death penalty, the penalty enforcement agencies granting death;
g. in the case of a man who was declared dead by the courts, the decision to declare the death of the tribunals are changed for death Certificate;
h. in the case of the dead had died of disease or questionable, then the text determine the cause of death of public security or the opinion of the competent medical authorities are replacing Paper reported.
The Agency has reported death is responsible for sending the death Certificate of the people's Committee of social the last residence of the dead for death registration.
2. for the dead at the House in place of residence, then not granting death which just made the registration of death.
Article 34. Death registration death riders must submit the paper report and present the following documents: 1. Hukou families of the dead;
2. Identity card of death.
In case there are not enough of the papers mentioned above, they must have valid papers instead.
If there are enough valid profile, then the President of the people's Committee of the social register and grant the right for people to death in an original death certificate and burial permit Paper, the judicial Registrar officers burned to death registry. Copy and copy death certificate was issued at the request of death.
If a resident of a place, but died in another place without conditions buried in residence, the social people's Committee where that person's death responsible for granting permission for burial.
In the case of registered deaths for the dead unknown Frank, if there is no basis to determine the date of death and place of death, then that person die discovery day is the day of death, where death is where established thereon, the cause of death was recorded as text to determine the cause of death of public safety agencies. The rest in death certificate and register deaths be to blank. The notes section in the registry death must specify "the dead unknown tung area" and recorded the exact location had buried the dead.
Item 4 ADOPTION NEWSLETTER Article 35. Authority to sign adoption social people's Committee of the place of residence of the adopter, please, or of people who are adopted do subscribe to adoption.
Article 36. Registration adopter adopter applicants must apply for adopter agreement on Paper, the consent for child adoption of father, mother, guardian, medical facility or upbringing and present the following documents: 1. The birth certificate of the adopter;
2. Identity of the adopter;
3. Hukou family of the adopter or the adopted person who is at the place where the adopter registration;
4. The birth certificate of the person to be adopted. In the case of children not yet born, the birth must be registered before the registration of adopter;
5. If the person to be adopted from 9 years of age, you must have the consent of that person.
In case there are not enough papers according to the provisions of points 1, 2, 3 on here, it must have valid papers instead.

Application to the adopter must be certified by the Agency, the unit adopted the work (for the officers, servants, workers, people's armed forces), or the people's Committee of social residence (for the people) of the adopted person about that person has good moral character and be eligible for adoption under the provisions of the law on marriage and family. In the application must have the commitment of the people who apply for adopter about the care and education of children. If the adopter has your wife or husband, then the application must be signed by both husband and wife.
In the case of adopted children are invalids, the disabled or elderly adoption applicants, loneliness, it must be confirmed by the people's Committee of social residence of special circumstances.
The paper agreed upon by the father, mother, guardian, medical facility, or premises directly foster children on the children agreed that adoption must be confirmed by the people's Committee of social residence of father, mother, guardian or where the headquarters of the medical establishment the direct basis, foster children.
Article 37. The deadline for registration to receive adoption When getting enough valid profile, social people's Committee to conduct verification of the adopter. In the case of children who are adopted are derived are not clear, the social people's Committee should conduct listed please accept the adoption at the headquarters of the people's Committee, and reported on the mass media within 7 days. In case of need more verification, then the term lasts not more than 7 days.
After the deadline, if it deems the adopter have qualified under the provisions of the law on marriage and family and no complaints, denunciations, the social people's Committee must notify the parties and adoption parties know about the date of registration.
Within 7 days from the date of the notice, if the Party Affairs, party and adopted son not to register the receipt of adoption without good reason, then people's Committee to cancel the registration, please get that adoption and notification to the litigants said. Then, if the litigants would sign the adopter, the registration is done according to the provisions of article 36 of this Decree.
Article 38. Delivery ceremony of adoption at adoption Affairs, Party Affairs, adoption party and people are begging for adoption must be present. Party Affairs, adoption party must sign the registry to receive adoption and traffic thereon, adoption. Chairman of people's Committee of the social register and awarded to each party a political decision to recognize adoption, explain to the adoption and the adoption of rights and obligations between the adopted child and the adoptive parents under the provisions of the law on marriage and family. The copy and the copy number of decisions recognizing the adoption level at the request of the two parties and adopter.
Article 39. Refused to sign adoption in case it deems the adopter, please don't have enough condition to get the adoption under the provisions of the law on marriage and family, within 7 days, the Committee invited the township-level people's sides and adoption to the people Committee to announce the rejection of registration reason, refused to specify in writing.
Article 40. The note ended the adopter upon receiving the decision of the Court regarding the termination of adoption has the effect of law, the social people's Committee which had registered the adopter notes on registered book adopter.
Section 5 REGISTERING GUARDIAN Article 41. The registration authority of the people's Committee of the guardians granted town residence of the guardian or where the headquarters of the Agency, the organization take on the guardian made the registration.
Article 42. Registered guardian guardian people do naturally naturally according to the provisions of article 70 and 71 of the civil right to people's Committee of the social place of residence to register the guardianship. In the case between the same people can do of course have the guardianship agreement on the election of one of them to do that, the guardian must present a written agreement when you signed up.
43 things. The registration procedure of election guardians 1. When signing election guardians, who are appointed guardians must submit the text sent guardian of individual, organization or agency nominated guardian Paper, approved the making of the guardian who was appointed guardian and present the following documents: a. the birth certificate of the guardian;
b. Hukou families of guardians;
c. identity paper or authorization of the person or organization be appointed guardian.
In case there are not enough of the papers mentioned above, they must have valid papers instead.
2. Within a period of 7 days from the date of receipt of a valid application, if it deems the election guardians are eligible under the rules of the law of guardianship, the social people's Committee registered the election of guardians.
When signing up for the election, the guardian elected guardians, who was appointed guardian and the guardian must be present. If one of them because there is a reason that absence, must have authorization in writing, confirmation of the people's Committee of social level where that person resides. Chairman of people's Committee of the social register and give each party a copy of the decision itself recognized guardian, explained to the guardian and the person to be guardian of the rights and obligations of the two parties, the judicial Registrar officer to write to the registry. In the decision to recognize the guardian must specify the reason elections guardianship, the right, the specific obligations of the person to be appointed guardian. If people are guardians have property, they must specify the status property of the person to be guardian. Copies and the number of copies of the decision to recognize the request granted guardianship of guardian Bachelor Party and the receiving party.
Article 44. From denial to register the guardianship case does not have enough facilities to register the guardianship, within 7 days, the Committee invites the township-level people would sign guardianship to the people Committee to announce the rejection of registration, the reason for rejection must specify in writing.
Article 45. Register the change, termination of guardianship 1. The people's Committee of social level where registered guardian made the registration change, termination of guardianship.
2. Changing the guardians are made according to the provisions of article 80 of the civil code 3. The termination of the guardianship is performed according to the provisions of article 82 of the civil code.
Article 46. Changing registration, terminate the guardianship of person please change, termination of guardianship to applicant, the decision recognizes the guardianship and present the following documents: 1. Hukou family guardian or guardian where their people are signed up the former guardian;
2. Identity of the guardian;
3. Report on the status of the person's current assets are guardians (if in the decision to recognize the guardian had previously recorded on the status property of the person to be guardian), confirmed by the people's Committee of social level where the property of the person to be guardian.
In case there are not enough papers as defined in points 1 and 2 above, they must have valid papers instead.
Within 7 days from the date of receipt of a valid application, if it deems the request please change or termination of guardianship is plausible and there is nothing to dispute regarding the property of the person to be guardian, the Chairman of people's Committee of the social register and give the litigants an original decision recognizing the termination of the guardianship , the judicial Registrar staff notes on Windows has registered the previous guardians, revoked the decision recognises the guardian has granted. The copy and the copy number of decisions recognizing the termination of the guardianship is granted at the request of the litigants.

In this case please change the guardian, then after the relationship has ended the old guardian, guardian registration procedure be made according to the provisions of article 43 of this Decree.
Item 6 REGISTERING the RECEIPT of MY FATHER, MY MOTHER, my Article 47. Authority to register the receipt of my father, my mother, the people's Committee of social residence of children, recognizing and registering the receipt of father, mother, son, if the receipt of father, mother, son is voluntary and there is no dispute.
Article 48. The procedure of registration of the father, the mother received people please receive the application and must present the following documents: 1. Birth certificates of the children;
2. Hukou families of children;
3. the identity of the person who has a claim;
4. other necessary documents proving paternity, the mother. In case there are not enough papers according to the provisions of points 1, 2, 3 on here, it must have valid papers instead.
The application must have the consent of the people currently in foster children. If the person was your child from 9 years of age, you must obtain the consent of that child.
In the case of a person whose life was threatened to death due to illness or other cause, is unable to supply people's Committee demanded the recognition of other people's children, it is replaced by the text of the two witnesses about the aspirations of the people. In the event that the person has received the application, then the relatives or the person authorized on behalf of the person doing the procedure of registration of the parents children.
Article 49. The registration procedure for the receiving parents please accept The parents must apply and present the following documents: 1. the person's birth certificate please get parents;
2. Hukou's family please accept my father, my mother;
3. other necessary documents proving paternity, the mother. In case there are not enough papers as defined in points 1 and 2 above, they must have valid papers instead.
The application received the father or mother to be who we are is the mother or father, and recipients of the father, or mother agree. In case someone please get a parent under the age of 15, due to his mother, father, or who are nurtured, if children from 9 years of age, you must have the consent of the person If enough from 15 years old, it is written by that person.
Article 50. The deadline to register the receipt of father, mother, son, within 7 days from the date of receipt of a valid application, the social people's Committee should conduct verification and listed the father, mother, please accept the people's Committee at Headquarters. In case of need to verify more then extended period not exceeding 7 days.
After the deadline, if it deems the Please accept my dad, mom, I have qualified under the provisions of the law on marriage and family and no complaints, social people's Committee must inform the parties on the date of registration receipt of father, mother and children.
When registering the receipt of father, mother, son, father, mother and the child was to be present. Chairman of people's Committee of the social register and give each party a copy of the decision itself recognized the father, mother or child children receive the father, the mother, the judicial Registrar officers write to registers the receipt of father, mother and children. Copies and the number of copies of the decision are granted accreditation at the request of the party his father, mother and children.
Article 51. Refuse to register the receipt of father, mother, son, in case there is enough basis to acknowledge the receipt of my father, mother, son, the social people's Committee invite please accept my father, mother, son to the people Committee to announce the rejection of registration, the reason for rejection must specify in writing.
Section 7 CHANGING THEIR REGISTRATION, name, signature MATS;
IMPROVE THEMSELVES, name, SIGNATURE, date of BIRTH; REDEFINE the NATION Article 52. Authority to register the change of name, signature, they cushion; improve themselves, name, signature, date of birth; redefine the nation the people's Provincial Committee of the place of residence or registered place of birth of the person who has the authority to petition to change them, name, signature mats; improve themselves, name, signature, date of birth, (hereinafter referred to as the main innovation, change Registrar); redefine the nation was registered in the original birth certificate.
Article 53. Procedure for registration of the change of Registrar, principal, redefine the nation 1. The main improvements, changes applicants Registrar, redefine the nation must apply and present the following documents: a. the original birth certificate;
b. Hukou family of petition;
c. identity;
d. other necessary papers prove to be eligible under the provisions of article 29 of the civil code (for cases please change them, name), and article 30 of the civil code (for cases Please redefine the nation).
In case there are not enough documents specified in point a, b, c above must have valid papers instead.
Application for change, the main innovation Registrar, redefine the nation must clearly indicate the reason and change content, the main improvements, confirmed by the people's Committee of social level where people may petition for residency. In this case please change the main improvements, Registrar, redefine the nation the people's committees at the commune level is not where have registered the birth, they must be certified by the Committee where the township-level people's birth registered.
2. The main improvements, changes, Registrar for people under age 18 is made by petition of parents or legal guardian. For people from enough 9 years must have the consent of that person.
Within 15 days from the date of receipt of a valid application, if it deems the changes, the main innovation Registrar, redefine the nation is not contrary to the provisions of the law, the Chairman of the provincial people's Committee and give the litigants an original decision to allow change the main improvements, Registrar, redefine the nation. Based on the decision of the provincial people's Committee, the Justice Department stating the content changes to the registry changes, and Registrar dispute the original birth certificate of the litigants. The Department of Justice is responsible for sending a copy of the decision to allow the change, the main innovation Registrar, redefine the nation for the same level of public security organs and people's Social Committee registered the birth place to note the content changes to the registry of birth. Copies and the number of copies of the decision are issued at the request of the litigants.
Article 54. Refuse registration of the change of Registrar, principal, redefine the nation in case there are not enough facilities to register the change of Registrar, principal, redefine the nation, the provincial people's Committee refused to register and explain the reasons in writing.
Article 55. Adjust personal profile papers, after having decided to allow the change, the main innovation Registrar, redefine the ethnic agencies, relevant organizations currently manage personal profile litigants due to the decision to allow the change, the main innovation Registrar, redefine the nation's provincial people's Committee and the original birth certificate has the change notes to adjust the papers, personal profile of litigants.
Item 8 LOG OTHER REGISTRAR CHANGES to article 56. Log content changes to other Registrar The Registrar changes include the work on divorce, identify the father, mother, son, changed nationality, missing, lost the capacity for civil acts, limited capacity for civil acts, unlawful marriage cancellation, limits the right of parents with respect to minor children.
Article 57. Authority log the change other people's Committee Registrar where the Registrar registered make log the other Registrar change on the basis of the decision was in effect the law of the competent State bodies.
Article 58. Procedure to log the other Registrar change

The competent State authorities when making decisions related to the change to other Registrar, is responsible for sending a copy of the decision of the people where the Committee has registered the event Registrar to log the content changes to other Registrar.
In the case of a person who has been the Court decision declared missing, lost the capacity for civil acts or limited capacity for civil acts, have been recorded in the log book at the people's committees, which are decisions of the Court declared annulled, the people's Committee of the authority where the recorded in the log book pursuant to that decision to the content notes cancel this.
Item 9 REGISTERED EXPIRED SUBSCRIPTION, 59 Again. Birth registration, overdue death 1. The born, Prince has not registered within the time limit specified in article 18 and Article 28 of this Decree, it must register under the registration expired.
2. The person in charge go to register the birth, deaths that are not properly registered under the time limit provisions of this Decree, without good reason, it may be sanctioned under the provisions of administrative law.
Article 60. Authority to register a birth, death overdue level where Township people's Committee of Privy-residents made the registration of births, deaths.
Article 61. Registration of births, deaths out of date 1. When registering the birth date, litigants must have full papers according to the provisions of article 19 of this Decree, in addition to applying for birth registration expires, the form must clearly indicate the reason on not registering on time.
2. When death registration expired, litigants must have full papers according to the provisions of article 34 of this Decree, in addition to applying for the registration of deaths is too limited, the form must clearly indicate the reason on not registering on time.
Article 62. The deadline for registration of births, deaths out of date within 7 days from the date of receipt of a valid application, if it deems the registered overdue are true, the President of the people's Committee of the social register and give the litigants an original birth certificate or death certificate judicial Registrar officers, written to the registry under each type of job and write "register overdue" on the "notes" column of the two types of Windows. Copy and copy of birth certificate, death certificate was issued at the request of the litigants.
In case of need more verification, then the term lasts not more than 7 days.
Article 63. Re-register the birth, death, marriage, adoption, marriage, birth, adoption was registered, but a major and original book has been lost or damaged that it cannot be used, it shall be registered.
Article 64. Authority to register the birth, death, marriage, adoption social people's Committee where litigants domiciled or where litigants have signed Registrar performs the registration of the birth, death, marriage, adoption.
Article 65. The registration of birth, death, marriage, adopter Who registered the birth, death, marriage, adoption, application and must present the following documents: 1. Hukou family;
2. Identity card;
3. other necessary documents to prove the event Registrar are subscribe again is true.
In case there are not enough papers as defined in points 1 and 2 above, they must have valid papers instead.
Application for registration must be confirmed by two witnesses.
In this case please re-register at the people's Committee is not the place to have registered the previous Registrar, must then be certified by the Committee where the township-level people have registered on the Registrar has registered.
Article 66. The deadline to register the birth, death, marriage, adoption within 7 days from the date of receipt of a valid application, if it deems the registration is true, then the President of the people's Committee of the social register and give the litigants an original birth certificate , Death certificate, marriage certificate or the decision to recognize the adoption, the judicial Registrar officer to write to the registry for each type of work and write "subscribe" in the "notes" column of the window type. In case of need more verification, then the term lasts not more than 7 days.
When the marriage registration, receive the adoption, at the certificate of marriage or the paper recognized the adoption the parties litigant must be present.
Article 67. Refuse the registration expires, the registration in case there is enough basis to solve for the overdue subscription, registration, the social people's Committee refused to register and explain the reasons in writing.
Chapter VI to REGISTER FOREIGN ELEMENT REGISTRAR Article 68. The birth registration authority 1. The provincial people's Committee of the place of residence of foreigners implementation of birth registration for children born in Vietnam whose father and mother are foreigners, if they have requested.
2. birth registration for children born in Vietnam have a father or mother is a citizen resident in Vietnam Vietnam is the other alien is done at the provincial people's Committee of permanent place of father or mother is the citizen of Vietnam. The deadline for registration of birth made under the provisions of article 18 of the Decree.
Article 69. Birth registration birth registration must people filing, birth certificate and present the following documents: 1. the marriage certificate of the parents of the children (if any);
2. The certificate of permanent residence or sojourn of foreigners in Vietnam;
3. Passport, identity card, or valid documents replaced by birth.
In the case of birth for children born in Vietnam has Vietnam citizen father or mother are living in Vietnam, the other is a foreigner, the documents prescribed in paragraph 2 are replaced by the Hukou family of the father or mother is the citizen of Vietnam.
In the case of birth to illegitimate son, if recipients do father, mother tongue of the children, then the Justice Department based on the decision to recognize the father, the mother received the illegitimate son of competent State agencies that write the name of the person who is recognized as the father, mother to the testimony of the father , the mother in the birth certificate and the registry of births of children.
Article 70. The deadline for registration of birth within a period of 7 days from the date of receipt of a valid application, the Chairman of the provincial people's Committee and a original birth certificates for the children, the Justice Department record to the registry of births. Copies and the number of copies of birth certificates are granted according to the requirements of the birth registration of riders.
In case of need more verification, then the term lasts not more than 7 days.
Article 71. Authority to sign death people Committee granted the province of residence of the deceased are foreigners implementation of the registration of death.
Article 72. The procedure of registration of death registration death riders must file the death Certificate, and present the following documents: 1. The certificate of permanent or temporary residence in Vietnam of the deceased;
2. Passport, identity card or valid alternative papers of death.
Article 73. The deadline to register deaths within 7 days from the date of receipt of a valid application, the Chairman of the provincial people's Committee and a original death certificate for registration of deaths, the Justice Department record to register deaths, sent via diplomatic route a copy of the death certificate for foreign representative offices Consular agency in Vietnam, of which the dead are citizens (if available). Copy and copy death certificate was issued at the request of riders registering deaths.
The registration of deaths for the alien died, in which case the provisions of article 30 of this Decree, only be made after the confirmation in writing the death of police agencies, or provincial health authorities.
Article 74. Registration of births, deaths for Vietnam citizens residing abroad

The registration of births, deaths occurred in Vietnam for Vietnam citizens residing abroad is made according to the provisions in articles 68 to 73 of the Thing from this Decree.
Article 75. Marriage registration, adopter, father, mother, child, guardian has the foreign marriage registration, adopter, father, mother, son, get sponsored (guardian) between Vietnam's citizens with foreigners and between citizens of Vietnam together that a Party residing abroad is made according to the provisions of the law on marriage and the family has primarily foreign elements.
Article 76. Authority to register marriages between foreigners together in Vietnam the registration of marriage between foreigners together in Vietnam, if the request was made at the provincial people's Committee where the foreigner resides.
Article 77. The procedure of registration of marriages between foreigners together in Vietnam registered foreigners married to each other in Vietnam, must comply with the provisions of the law of their countries about the conditions of marriage and has a certificate of the competent authority of the country of which the alien is a citizen of allowing marriage was registered at the competent authorities of the South. This paper must be legalized by the Consulate of Vietnam laws and regulations must be translated into Vietnamese, are certified by the State.
Article 78. The deadline for registration of marriage between foreigners together in Vietnam within 7 days of receipt of a valid application, the Chairman of the provincial people's Committee signed the marriage certificate.
Within 7 days from the date of signing marriage certificates, the Department of Justice conduct given to each party a copy of the marriage certificate itself and written to the registry of marriage.
When awarded the certificate of marriage, both parties to the South, is the alien must be present to sign the marriage certificate and marriage registry. Copies and the number of copies of marriage certificates are issued at the request of either side of the female, female.
Article 79. Authority to register the change of Registrar, principal, redefine the nation for the Vietnam people settled abroad where the provincial people's Committee has registered the birth of Vietnam settled in foreign countries made registration of the change of Registrar, principal, redefine the nation for the Vietnam people settled abroad.
Article 80. Procedure for registration of the change of the main improvements, Registrar; redefine the nation for the Vietnam people settled abroad, changes applicants Registrar itself; redefine the nation must apply and present the following documents: 1. Original birth certificate;
2. Passport, identity card or valid travel documents;
3. other necessary documents of proof of eligibility under the provisions of article 29 the civil code (for cases please change them, name), and article 30 of the civil code (for cases Please redefine the nation).
Application for change, the main innovation Registrar; redefine the nation must clearly indicate the reason and change content, the main improvements, confirmed by two witnesses.
Article 81. The deadline for registration changes, the main innovation Registrar; redefine the nation for the Vietnam people settled abroad within a period of 15 days from the date of receipt of a valid application, if it deems the changes, the main innovation Registrar, redefine the nation qualified under the provisions of the law, the Chairman of the provincial people's Committee and give the litigants an original decision to allow change the main improvements, Registrar; redefine the nation. Based on the decision of the provincial people's Committee, the Justice Department stating the content changes to the registry, the change of Registrar, principal original birth certificate and birth registry of the litigants.
Article 82. The use of the papers by the Registrar competent organs of foreign grants for Vietnam citizens abroad 1. The papers on the Registrar by the competent body of the foreign grants for Vietnam citizens abroad, if used in Vietnam must be legalized by the Consulate of Vietnam laws and regulations must be translated into Vietnamese, are certified by the State.
2. In the case of Vietnam nationals repatriation on water have the papers by the Registrar of the diplomatic representations, consular agency of Vietnam abroad or by the competent bodies of foreign countries, are noted in the Windows registry of the Registrar-level people's committees commune residence.
Article 83. The authority recorded in the log book the Registrar changes due to marriage, divorce, adoption and termination of the adoption (hereinafter referred to as the registration of the change of Registrar) provincial people's Committee where Vietnam citizens resident or where the registered Windows hosting Registrar of that person performs the log changes due to Registrar of marriage , adoption, divorce and terminate the adoption was registered before the competent bodies of foreign countries.
Article 84. Principle of recognition of the change of Registrar 1. Certificate of marriage, the decision recognizes the adoption by the competent authority of the country has signed with Vietnam justice assistance grant agreement, is considered to be the base for the log the change of Registrar.
The verdict, the decision for divorce, ending the adoption by the competent court of the country has signed with Vietnam similar judicial aid agreement that does not require recognition in Vietnam also is considered a base for log the change of Registrar.
2. for countries that have not yet signed with Vietnam similar judicial aid agreement, then the papers about the Registrar mentioned in clause 1 of this just be considered the base for log the change of Registrar in Vietnam on the principle of reciprocity.
The Minister of Justice decided the application guidelines for each specific case.
Article 85. Procedure to log the change of Registrar 1. People please log the change of Registrar to have the petition addressed to the Ministry of Justice. Attached to the petition, each case must be: a. passport or valid travel documents;
b. a copy of the marriage certificate, the decision recognizes the adoption by the competent authority or a copy of the foreign judgment, the decision of foreign courts treat divorce, ending the adoption.
The papers on the established two sets of the same profile.
2. Within a period of 7 days from the date of receipt of a valid application, the Ministry of Justice consider, if eligible, then sent dispatch stating comments accompanied by a set of records for the provincial people's Committee to implement the log.
In the case of non-eligible, the Justice Department charged the profile for litigants and explain the reasons in writing.
3. within 7 days from the date of receipt and dispatch of the Justice Department, the provincial people's Committee to implement the log change in Registrar.
Article 86. Past due registration authority the birth, for the Vietnam settled abroad provincial people's Committee where the event has occurred, the Prince of Vietnam who settled in foreign countries made registration of delinquent students, suicide.
Article 87. Registration expired the birth, for the Vietnam settled abroad Who would sign the overdue birth, death must apply and present the following documents: 1. The Passport, identity card or valid travel documents;
2. other necessary documents to prove the registration expired the born, death is true.
Application for registration expires must present clear reasons please register expired, confirmed by the people's Committee of social level where the event occurred, and of two witnesses.
Article 88. The deadline for registration expired the birth, for the Vietnam settled abroad

Within 7 days from the date of receipt of a valid application, if it deems the registered date is true, then the Chairman of the provincial people's Committee, issued to litigants in an original birth certificate or death certificate, the Justice Department record to the registry for each type of work and write "register overdue to have foreign elements" in the column "notes" of the two the type of window. Copy and copy of birth certificate, death certificate was issued at the request of the litigants.
In case of need more verification, then the term lasts not more than 7 days.
Article 89. Authority to register the birth, death, marriage, adoption for the Vietnam people settled abroad provincial people's Committee of permanent exit before place or where signed Registrar of Vietnam settled abroad made to re-register the birth death, marriage, adoption, adoption has been registered previously in Vietnam.
Article 90. The registration of birth, death, marriage, adoption for the Vietnam people settled abroad Who registered the birth, death, marriage, the adopter must apply and present the following documents: 1. The Passport, identity card or valid travel documents;
2. other necessary documents to prove the registration of the birth, death, marriage, adoption is true.
Application for registration must be presented clearly the reason please re-register, confirmed by two witnesses. In the case of registration in the Committee is not where people have registered, the Registrar must be certified by the Committee where people had registered earlier on the event Registrar Registrar has registered.
Article 91. The deadline to register the birth, death, marriage, adoption for the Vietnam people settled abroad within a period of 7 days from the date of receipt of a valid application, if it deems the registration is plausible and previous registration is true, then the Chairman of the provincial people's Committee sign , give the litigants an in kind: the original birth certificate, death certificate, marriage certificate, recognized adoption decision, Justice Department record to the registry for each kind of work, and write "subscribe have foreign elements" in the "notes" column of the window type.
In case of need more verification, then the term lasts not more than 7 days.
With regard to the registration of the marriage, adoption, when awarding a certificate of marriage, the decision recognizes the adoption, the parties involved must be present to sign the marriage certificate and the Window or window and the adoption certificate.
Chapter V COMPLAINTS, accusations and HANDLING ADMINISTRATIVE VIOLATIONS to article 92. Appeal rights, the denunciation of the citizens, organizations related to the family register President 1. Citizens, the Organization has the right to complain, report to the competent State agencies regarding the registration or refusal of registration Registrar is unlawful.
2. The resolution of complaints, accusations under the procedure prescribed by the law on complaints and denunciation.
Article 93. Handle violation for the authority in the management of the household registry and the President of the authority in the registration and management of that lack of responsibility or made contrary to the provisions of this Decree and other legal documents on Registrar then, depending on the level of violation may be disciplined or prejudice criminal liability; If the damage is compensated according to the provisions of the law.
Article 94. Handle for the individual, the organization violated the regulations of the State in registered individual Registrar, responsible organizations must go without Registrar registration made in accordance with the provisions of this Decree, or deceptive behavior upon registration, the Registrar customize the level of violation may be administrative sanction or prejudice criminal liability under the law.
Chapter VI FINAL PROVISIONS Article 95. This Decree takes effect after 15 days from the date of signing, and replace the Charter registration Registrar issued under Decree 31/CP dated 16 January 1961. The previous provisions contrary to this Decree are repealed.
Article 96. The Minister of Justice, Minister of finance, Minister, head of Organization Department of Government, the Minister of Foreign Affairs is responsible for guiding the implementation of this Decree.
Article 97. The Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the central cities is responsible for the implementation of this Decree.