Currently, procedures for civil status change and correction, ethnicity re-determination, civil status information addition are specified right in documents of the authorities. In order to facilitate the implementation of this administrative procedure, LawNet would like to send to Customers the procedures for changing, correcting, and supplementing civil status information and ethnicity re-determination in Vietnam as follows:
Article table of contents
According to the Law on Civil Status of Vietnam, Decree No. 123/2015/NĐ-CP of Vietnam’s Government, Circular No. 04/2020/TT-BTP, Circular No. 85/2019/TT-BTC and the Appendix issued together with Decision No. 1872/QĐ-BTP on administrative procedures to be amended and supplemented in the field of civil status performed at the domestic civil status registration agencies within the scope of management functions of the Ministry of Justice, procedures for civil status change and correction, ethnicity re-determination, civil status information addition are carried out as follows:
1. Compositions of application for procedures for civil status change and correction, ethnicity re-determination, civil status information addition are specified
* Documents to be presented:
- Passport or identity card or citizen identification card or other papers with photo and personal information attached by a competent authority, still valid to prove the identity of the person requesting registration of change, correction or addition of civil status information, ethnicity re-determination;
- Papers proving the place of residence to determine the competence to register in the case of civil status correction or supplementation or ethnicity re-determination, which is not at the district-level People's Committee of the previous place of civil status registration (during the transition period);
- In case the application is sent via the postal system, it must be enclosed with certified copies of the documents to be presented above.
* Documents to be submitted:
- Declaration for civil status change and correction, ethnicity re-determination, civil status information addition;
- Papers related to the change, correction or addition of civil status information, ethnicity re-determination;
- Authorization document (certified) in accordance with the law in case of authorization to perform the registration of change, correction or addition of civil status information, ethnicity re-determination. Such certification is not required if the authorized person is a biological sibling, grandparent, parent, child or spouse of the authorizing person.
Notes:
- If the applicant submits copies issued from the master register or certified from originals, the receiving person may not require the presentation of the originals; if the applicant submits copies and present their originals, the receiving person shall collate them and bear signatures in the copies to certify that these documents have been collated.
- For documents presented for civil registration, the recipient shall inspect and compare them with information in the application, photograph or record information for retention purpose and return the documents to the person presenting them, and shall not request copies or photographs of such documents to be submitted.
- Papers issued, notarized or certified by a competent authority of a foreign country to be used for civil status registration in Vietnam must be consularly legalized, except for cases exempted under international treaties to which Vietnam is a contracting party; documents in a foreign language must be translated into Vietnamese and notarized or authenticated by the translator's signature as prescribed by law.
- The recipient shall receive civil registration applications that contain only the contents required by laws on civil status and shall not request civil registration applicants to submit documents not required by laws on civil status.
2. How to change, correct and supplement civil status information and redefine ethnicity
- Persons who request registration for change, correction or addition of civil status information or ethnicity re-determination shall directly perform or authorize others to do so.
- The person who registers for change, correction or addition of civil status information or ethnicity re-determination shall submit 01 application in one of three ways:
+ Submit directly at the district-level justice authority - People's Committee at district;
+Send documents via postal system;
+ Submit through the online civil status registration system.
3. Order of carrying out procedures for change, correction and addition of civil status information, ethnicity re-determination
- Persons requesting change, correction or supplementation of civil status information or ethnicity re-determination shall submit dossiers to competent district-level People's Committees.
- The recipient is responsible for checking the entire dossier, comparing the information in the declaration and the validity of the papers in the dossier submitted and presented by the requester.
- In case of sufficient and satisfactory application, the receiving person shall make a receipt note specifying an appointment to give processing results; if the application is incomplete, the applicant shall be instructed to supplement and complete the application as prescribed, in case it is not possible to supplement or complete the dossier immediately, it must make a written instruction, which clearly states the type of paper, the content to be supplemented, completed, signed, clearly stated the last name, middle name and first name of the recipient.
- If it is found that the change, correction or addition of civil status information or ethnicity re-determination is grounded, in accordance with the provisions of civil law and relevant laws, the Justice Division reports to the Chairman of the district-level People's Committee. In case the President of the district-level People's Committee agrees to settle, the corresponding extract of change/correction/addition of civil status information/ethnicity re-determination shall be issued to the requester; civil status officials shall record in the register of changes, corrections and additions of civil status information, ethnicity re-determination; guide the requester to check the contents of the extract of changes/correction/addition of civil status information/ethnicity re-determination and the register of civil status changes, corrections and additions, population re-determination ethnicity, civil status officials and persons requesting changes, corrections or additions of civil status information or ethnicity re-determination shall sign the registers.
4. Time limit for processing dossiers of change, correction or addition of civil status information, ethnicity re-determination
- Right within the working day for the addition of civil status information, in case the application is received after 15 hours and cannot be resolved immediately, the result will be returned in the next working day.
- 03 working days for civil status change or correction, ethnicity re-determination. In case verification is required, the time limit may be extended for no more than 06 working days.
- Key word:
- Decision No. 1872/QĐ-BTP
- Law on Civil Status
