Documents proving personal relationship in Vietnam

Documents proving personal relationship in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Documents proving personal relationship in Vietnam

Documents proving personal relationship according to Article 6 of Decree 62/2021/ND-CP are as follows:

* Documents proving personal relationship in case the citizen is someone who comes to live with their spouse; a child coming to live with their parent(s); or a parent coming to live with their child consist of:

- Documents proving marital relationship:

+ Marriage certificate;

+ Marital status confirmation;

+ Confirmation of People’s Committees of communes or People’s Committees of districts where commune division is not established where the citizens reside;

- Documents proving parental relationship:

+ Birth certificate;

+ Adoption certificate or decision;

+ Decision on acknowledging foster parents, children;

+ Confirmation of People’s Committees of communes or People’s Committees of districts where commune division is not established where the citizens reside;

+ Valid passports containing information on parental relationship;

+ Decisions of courts, civil status registry excerpts or documents of medical authority, expertise assessment authority, other competent agencies capable of verifying parental relationship.

* Documents proving personal relationship under Point b and Point c Clause 2 Article 20 of Law on Residence consist of:

+ Documents proving sibling relationship: Birth certificate, confirmation of People’s Committees of communes or People’s Committees of districts where commune division is not established where the citizens reside;

+ Documents proving grandparent, uncle, aunt, sibling, guardian relationship: Decision on assigning guardian; confirmation of People’s Committees of communes or People’s Committees of districts where commune division is not established where the citizens reside regarding personal relationship;

+ Documents proving absence of parents: Death certificate of parents, decisions of courts declaring missing or deceased parents, confirmation of People’s Committees of communes or People’s Committees of districts where commune division is not established where the citizens reside regarding deceased parents;

+ Documents proving the elderly status: Birth certificate, Citizen Identity Cards or ID Cards or passports; Social insurance registry, health insurance card or confirmation of People’s Committees of communes or People’s Committees of districts where commune division is not established where the citizens reside regarding date of birth;

+ Documents proving persons with very severe disabilities, persons with severe disabilities, persons lacking working capacity, persons suffering from mental illnesses which cause loss of awareness or behavioral control: Certificate of medical facilities of districts or higher or confirmation of People’s Committees of communes or People’s Committees of districts where commune division is not established where the citizens reside;

+ Documents proving juvenile status consist of: Birth certificate, Citizen Identity Cards or ID Cards, passports, social insurance record, health insurance card or confirmation of People’s Committees of communes or People’s Committees of districts where commune division is not established where the citizens reside regarding date of birth.

* In case information proving personal relationship of a citizen has been included on National database on population of specialized database, residence registry authority shall not request the citizen to provide documents proving personal relationship.

2. Personal rights under the Civil Code 2015 in Vietnam

Personal rights in Vietnam under Article 25 of the Civil Code 2015 stipulate as follows:

- Personal rights specified in the Civil Code 2015 are civil rights inherent to each natural person, which cannot be transferred to other persons, unless otherwise provided for by other laws.

- All civil relations relating to personal rights of a minor, a legally incapacitated persons, or a person with limited cognition or behavior control shall be established and performed with the consent of his/her legal representative as prescribed in the Civil Code 2015, other relevant laws or decisions of a court.

All civil relations relating to personal rights of a person declared missing or dead shall be established and performed with the consent of his/her spouse or adult children; or his/her parents if he/she has no spouse or child, unless otherwise provided for by the Civil Code 2015 or other relevant laws.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE