Circular 04/2020/TT-BTP: Guidelines on How to Record Civil Status Books and Papers

On May 28, 2020, the Ministry of Justice issued Circular 04/2020/TT-BTP detailing the implementation of certain provisions of the Law on Civil Status and Decree 123/2015/ND-CP detailing certain provisions and measures to implement the Law on Civil Status.

Guidance on how to record civil status registers, papers (illustrative image)

Pursuant to Article 29 of Circular 04/2020/TT-BTP providing guidance on recording civil status registers and papers, the details are as follows:

  1. Judicial-civil status officers at commune level, civil status officers at District Justice Department, diplomatic, consular public employees (hereinafter collectively referred to as civil status officers) must personally record in the civil status register, civil status papers. The content recorded must be accurate; handwriting must be clear, full-stroke, not abbreviated, and without erasure; written with good quality ink of the same color; no use of different ink colors; no red ink.

In case of using information technology to print civil status papers, it must be printed with good quality, black ink, not smudged, blurred, or faded.

  1. The civil status register must be stamped with a seal from the first to the last page when the register is opened. The register is recorded consecutively in order of each page, no pages shall be left blank.

  2. The registration number in the year must be recorded continuously in order, starting from number 01 until the end of the year. If the year has not ended and the register is full, a new register is used, and registration continues in sequence from the last number of the previous register, not restarting from number 01.

If the year ends and the register is not used up, the civil status registration agency is allowed to continue using the register for the next year after implementing year-end closure as per regulations.

  1. The number recorded on the individual civil status papers must match the sequential number recorded in the civil status register as stipulated in clause 3 of this Article.

  2. The columns and sections in the civil status register and papers must be fully and accurately recorded as per instructions in the civil status register and Circular 04/2020/TT-BTP; the date, month, and year are recorded according to the Gregorian calendar.

  3. Civil status changes of individuals according to the judgment or decisions of competent state agencies are recorded in the civil status register as follows:

- Nationality changes are recorded in the Notes section of the Birth Registration Book; this change is also recorded in the Notes section of other civil status registers where the person changing nationality has registered;

- Determination of parentage is recorded in the Notes section of the Birth Registration Book of the child;

- Gender reassignment is recorded in the Notes section of the Birth Registration Book of the person being reassigned;

- Adoption and termination of adoption are recorded in the Adoption Registration Book and the Notes section of the Birth Registration Book;

- Divorce, annulment of illegal marriage, and recognition of marriage are recorded in the Notes section of the Marriage Registration Book;

- Guardianship recognition is recorded in the Guardianship Registration Book;

- Declaration or cancellation of declaration of a missing person, a person with mental or other health issues affecting civil conduct capacity is recorded in the Notes section of the Birth Registration Book;

- Declaration or cancellation of declaration of a deceased person is recorded in the Death Registration Book.

  1. The civil status of Vietnamese citizens resolved at competent foreign agencies is recorded in civil status registers as follows:

- Birth registration is recorded in the Birth Registration Book;

- Marriage is recorded in the Marriage Registration Book;

- Guardianship is recorded in the Guardianship Registration Book;

- Parentage recognition, determination of parentage is recorded in the Parentage Recognition Book. If the child has already been registered for birth, recorded in a Civil Status Register for birth in Vietnam, the District People's Committee is responsible for notifying the agency that registered the birth to further record in the Birth Registration Book;

- Adoption is recorded in the Adoption Registration Book;

- Civil status change is recorded in the Book of Civil Status Change, Rectification, Supplementation, Ethnic Re-determination and further noted in other related Civil Status Registers;

- Divorce, annulment of marriage are noted in the Divorce Annotation Book. If the marriage registration and annotation were initially done at a Vietnamese competent agency, the District People's Committee is responsible for notifying the agency that registered the marriage to further note in the Marriage Registration Book;

- Death is recorded in the Death Registration Book.

  1. The agency registering and managing civil status, which is storing the civil status register, is responsible for recording in the civil status register as stipulated in clause 6 of this Article immediately after receiving the judgment or decision.

If the civil status register is stored at two levels, the registration, and management agency receiving the judgment or decision is responsible for notifying the other storing agency after making the entry to ensure updates are synchronous.

  1. When recording in the civil status register, it must conform accurately to the content of civil status papers and records resolved by foreign competent agencies; sections in the register that do not appear in the civil status papers and records shall be left blank, those in civil status papers which do not appear in the register shall be recorded in the Notes section.

If the civil status information on papers and registers is undetermined, it shall be left blank, no cross-out or marking is allowed.

Details can be found at: Circular 04/2020/TT-BTP effective from July 16, 2020.

Thu Ba

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