Application for recording other civil status-related incidents in Civil Status Registration Book for Vietnamese citizens processed by relevant foreign authorities (birth certificate; guardianship; reclamation of parents, children; adoption of children; registration of death; changes of civil status registration).
Order of Procedure
- The
applicant submits the application dossier for recording civil status-related
incidents including birth certificate; guardianship; reclamation of parents,
children; adoption of children; registration
of death; changes of civil status registration processed by relevant foreign
authorities (hereafter referred to Annotation of Changes of Civil Status
Registration Involving Foreigners) in the Civil Status Registration Book to the People's Committee of the relevant
competent district.
- The receiver (the civil status officer) shall have to immediately check
all application dossier and determine the validity of the papers in the
dossiers submitted or presented by the applicant; to compare the information in
the Declaration with the documents in the application dossier.
- If the application dossier
is completed and eligible, the receiver shall write a receipt form
which should clearly state the date and time for returning the result; if the
application dossier is not completed, the receiver shall
have to guide the applicant to supplement the documents to complete the dossier
as regulated; in case it is impossible to supplement and complete the dossier
right away, the applicant should be provided with the guidelines in a written
form that clearly states the type of papers, documents or the contents need to
be supplemented with full name and signature of the receiver.
- If the application dossier for annotation of changes
of civil status registration involving foreigners has not been supplemented or
completed after being guided as regulated, the civil
status officer shall refuse such dossier. The refusal of the birth
application dossier shall be written in text, clearly stating the reasons for
the refusal with full name of the receiver.
- If the application dossier for annotation of
changes of civil status registration involving foreigners fully meets the
conditions and provisions of the law, the Justice Division shall report to and
ask for the approval of the Chairman of the people’s committee of the district.
In case the Chairman of the district-level People’s Committee agrees to process
the application, the Chairman shall sign to issue the Annotation of the
relevant changes of civil status registration to the applicant; the civil
status officer shall record such information in the Civil Status Registration
Book.
* Notes:
+ In case the applicant submits a paper which is a
copy issued from the original book or certified copy of the original, the civil
status officer shall not require the applicant to show the originals; if the
applicant submits only the copies with the present of the originals, the civil
status officer shall compare the copies to the originals and then sign the copies
to confirm the comparison of the contents of both types of documents without
asking the applicant for the certified copies of such documents.
+ If it
is required to present the papers by law when applying for civil status, the
civil status officer shall have to check the papers, compare them with the
information in the declaration forms and return them to the applicant without
asking the applicant for submitting the copy of such documents. The civil
status officer may take one copy of the presented documents or write down the
information of the submitted paper for filing.
+ Papers issued, notarized or
certified by foreign competent agencies for the use in civil status
registration in Viet Nam must have apostille certification, except for cases
from countries which have signed the international Apostille Convention with
Viet Nam as a member; the documents in a foreign language must be provided with
a notarized or certified Vietnamese translation as prescribed by law.
+ The civil
status officer should fully accept the eligible and completed application
dossier according to the provisions of the law without requiring the applicant
to submit any other types of documents that are not included in the
regulations.
How to
apply:
- The applicant may apply for the Annotation of
Changes of Civil Status Registration involving foreigners in person or
authorize other person to apply for it;
- The applicant may submit the
application dossier for the Annotation of Changes of Civil Status Registration
involving foreigners in person to the
People’s Committee of the relevant competent district or send it by post.
Dossier Components:
* Documents
to be presented
- Passport or identity card
or other type of valid papers affixed with photos and personal information
issued by relevant authorities to prove the identification of the applicant for
the Annotation of Changes of Civil Status Registration Involving
Foreigners;
- Documents proving the residence to determine jurisdiction
for issuing the annotation of changes of civil
status registration involving foreigners (during the time when the National Database on
Population and the National E-Civil Status Database have not been completely
built and implemented nationwide).
In case the application dossier is sent by post,
it must be enclosed with the certified copies of the above must-present-papers.
* Documents to be submitted
- Application Form as regulated.
- Certified copy of documents
certifying the civil status registration which was processed by relevant
foreign authorities.
- The written agreement on the selection of
Vietnamese nationality for the children of fathers, mothers for cases where the applicant for recording in the civil registration
book the birth certificate of a child whose father or
mother is Vietnamese citizen while the other is a foreigner; and for cases
where the Birth Certificate and international travel documents issued by
relevant foreign authorities without stating the nationality of the child.
- Authorization letter in
accordance with the provisions of law in the case of authorization of the
application for Annotation . In case the authorized person is the grandfather,
grandmother, father, mother, child, spouse or sibling of the authorizing
person, the authorization letter must not be notarized or authenticated, but it
is required to provide with the documents certifying the relationship with the authorizing
person.
Number of dossiers: 01 set
(of dossier)
Processing time: On the
day of accepting the application dossier; if the application dossier can not be
processed after 15 hours of being received by the civil status officer, the
results shall be returned within the following working day. In case the
verification is needed, the processing time shall not exceed three (3) working
days.
Applicant of the administrative procedures: Individual
Competent
governmental agencies:
- The People’s Committee of
the district which is the residential address of the Vietnamese applicant shall
record in the Civil Status Registration Book the civil status-related incidents
including: Birth certificate; guardianship; reclamation of parents and
children; adoption of children; changes of civil status registration processed
by relevant foreign authorities.
- The district-level People's
Committee at the place of residence of the person in charge of death
registration shall record in the Civil Status Registration Book the registration
of death which has been processed by relevant foreign authorities.
Agencies implementing the administrative procedures:
The district-level Justice Division
shall receive the application dossier and proceed to ask the Chairman of the
district-level People's Committees for the consideration and decision.
Coordinating agencies: None
Results of the applied
administrative procedure: Annotation of Birth
Certificate/Changes of Civil Status Registration in the Civil Status
Registration Book.
Fees: VND75,000
Exemption
of fees of the application for civil status registration for the members of
families with meritorious services to the revolution; members of the poor
households; people with disabilities.
Samples of Declaration forms: Application Form of BirthRegistration in Civil Status Book; Application Form of Death Registration inCivil Status Book; Application Form of Adoption of Children in Civil StatusBook; Application Form for the Annotation of guardianship, reclamation of parentsand children; Application Form for Annotation of Changes of Civil Status
Legal
bases:
- Civil Status Law in 2014;
- Decree
No.123/2015/NĐ-CP dated 15 November 2015 by
the Government regulating a number of
articles and measures for the implementation of the Civil Status Law;
- Circular No.15/2015/TT-BTP dated 16 November 2015 by the Ministry of
Justice guiding the implementation of a number of articles in the Civil Status
Law and the Decree No.123/2015/NĐ-CP
dated 15 November 2015 by the Government regulating a number of articles and measures for the
implementation of the Civil Status Law;
- Decision No.123/2016/QĐ-UBND dated 20 December 2016
by Lao cai provincial People’s Committee regulating the rates (fees) of civil status
registration and its management and use
in Lao Cai province.