Circular 04/2020/TT-BTP providing detailed guidelines for the implementation of certain articles of the Law on Civil Status and Decree 123/2015/ND-CP takes effect from July 16, 2020, with many notable new points, including the addition of regulations on civil status correction and supplementation of civil status information.
Article table of contents
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Supplementing regulations on civil status correction and supplemental civil status information (Illustrative photo)
To be specific, currently, according to Clause 3, Article 26 of Circular 15/2015/TT-BTP, after registering civil status and discovering errors due to the fault of the official handling civil status work or the fault of the person requesting civil status registration, the procedure for civil status correction must be carried out in accordance with Clause 2, Article 7 of Decree 123/2015/ND-CP.
Article 7. Conditions for changing and correcting civil status
...2. Civil status correction as stipulated by the Civil Status Law is the modification of personal information in the Civil Status Register or in the original civil status documents and can only be performed when there is sufficient basis to determine that errors were made by the civil status official or the person requesting civil status registration.
Continuing to inherit this regulation in Circular 15/2015/TT-BTP, Circular 04/2020/TT-BTP also stipulates that civil status correction can only be resolved after identifying errors when registering civil status (including errors by the person registering for civil status or errors by the civil status registration agency, …); at the same time, it supplements the regulation “not correcting the content on civil status documents that have been issued legally to legitimize information in other records and personal documents.”
In addition, Circular 04/2020/TT-BTP also adds provisions on supplementing civil status information as follows:
- Civil status documents issued to individuals according to civil status law before January 01, 2016, are valid for use without the need to supplement missing civil status information according to current civil status templates.
- Legally issued civil status documents from January 01, 2016, with missing civil status information, can be supplemented if there are legitimately issued documents and materials from competent authorities and organizations as evidence.
- In cases where individuals were registered for birth before January 01, 2016, but the birth certificate and Birth Registration Register do not record the date and month of birth, these can be supplemented with the date and month of birth according to the birth certificate or confirmation from the medical facility where the individual was born.
- In cases where the agency supplementing the civil status information is not the previous civil status registration agency, after resolving, it must notify in writing with a civil status extract attached to the previous civil status registration agency to record in the Civil Status Register; if the previous civil status registration agency is a representative agency, notify the Ministry of Foreign Affairs.
Nguyen Trinh
