Latest regulations on documents proving personal relationship in Vietnam

Latest regulations on documents proving personal relationship in Vietnam (Internet image) 

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

1. Latest regulations on documents proving personal relationship in Vietnam

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

* Documents proving personal relationship under Point a Clause 2 Article 20 of Law on Residence 2020 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 2020 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. Documents proving legal residence in Vietnam

Documents proving legal residence in Vietnam according to Article 5 of Decree 62/2021/ND-CP are as follows:

* When a citizen registers for residence, he/she must prove legal residence by any of following documents:

- Documents proving land use rights, ownership of house or assets attached to land issued by competent authority (which include information on house);

- Construction permit according to regulations and law on construction (in case constructions require construction permit and have been fully constructed);

- Residential real estate sale agreement for houses owned by the Government or documents on liquidation of houses owned by the Government;

- Residential real estate purchase agreements proving transfer of houses and receipt of houses of enterprises engaging in sale of constructed, invested houses;

- Documents regarding purchase, lease purchase, receipt of bequeathment, receipt of inheritance, receipt of capital contribution, receipt of house transfer according to regulations and law on land and houses;

- Documents on gift of charitable houses, provision of houses, land for individuals and households;

- Documents of courts of competent administrative agencies on permitting house ownership that are legally effective;

- Documents bearing confirmation of People’s Committees of communes or People’s Committees of districts in case commune division is not established regarding houses, land for residential purposes that does not suffer from disputes relating to house ownership, land use right if any of the documents above are not available;

- Documents proving registration of vehicles under his/her ownership. In case vehicles are not required to be registered, provide confirmation of People’s Committees of communes or People’s Committees of districts in case commune division is not established regarding use of vehicles as residence; Written confirmation of regular parking spaces of vehicles if registered residence is not where vehicles are registered or vehicles are not required to be registered;

- Legal documents proving lease, rental, provision of provisional residence are documents allowing rental, lease, provision of provisional residence of agencies, organizations, and individuals according to regulations and law on land and houses;

- Documents of agencies, organizations bearing signatures and seals of heads of agencies, organizations and proving provision, use of houses, transfer of houses, owning houses established on land assigned by agencies, organizations for residential purposes (for houses and land under management of agencies, organizations).

* In case a citizen registers for temporary residence in rented, leased, provisional residence according to Clause 3 Article 20 of Law on Residence 2020, provide documents proving adequate house area for temporary residence registration as per the law.

Documents proving adequate house area for temporary residence registration consist of: Certificate for land use rights, house ownership displaying information on house area in use or confirmation of People's Committees of communes, People’s Committees of districts in case commune division is not established regarding adequate average area according to regulations of People's Councils of provinces and central-affiliated cities and provinces.

* In case proof regarding legal residence of citizens has been included in specialized database which has been connected and shared with residence registry authority, residence registry authority shall examine, verify and do not request citizens to provide written proof.

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