Which agency has the competence to register civil status in Vietnam?

Which agency has the competence to register civil status in Vietnam? (Internet image)

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

1. Which agency has the competence to register civil status in Vietnam?

According to Article 7 of the Law on Civil Status 2014, the civil status registration competence is as follows:

(1) Commune-level People's Committees shall make civil status registration in the following cases:

- Registering civil status events specified at Points a, b, c, d and e, Clause 1, Article 3 of the Law on Civil Status 2014 for Vietnamese citizens residing in the country;

- Registering civil status change and correction for persons under 14 full years; addition of civil status information for Vietnamese citizens residing in the country;

- Carrying out civil status matters specified in Clauses 2 and 4, Article 3 of the Law on Civil Status 2014;

- Registering birth for children born in Vietnam with a parent being a Vietnamese citizen permanently in a border area and the other parent being a citizen of the bordering country permanently residing in the area bordering on Vietnam;

Marriage, recognition of parent or child between Vietnamese citizens permanently residing in border areas and citizens of bordering countries permanently residing in areas bordering on Vietnam; and death for foreigners permanently and stably residing in border areas of Vietnam.

(2) District-level People's Committees shall make civil status registration in the following cases, except the cases specified at Point d, Clause 1 of Article 7 of the Law on Civil Status 2014:

- Registering civil status events specified in Clause 1, Article 3 of the Law on Civil Status 2014 involving foreign elements;

- Registering civil status change and correction for Vietnamese citizens aged full 14 year or older residing in the country; and ethnicity re-determination;

- Carrying out civil status matters specified in Clause 3, Article 3 of the Law on Civil Status 2014.

(3) Representative missions shall register civil status matters specified in Article 3 of the Law on Civil Status 2014 for Vietnamese citizens residing abroad.

2. Civil status fees in Vietnam

Specifically, Article 11 of the Law on Civil Status 2014 stipulates the civil status fees as follows:

- Civil status fees shall be exempted in the following cases:

+ Civil status registration for members of families that have rendered meritorious services to the revolution; members of poor households; persons with disabilities;

+ Birth and death registration on time, guardianship and marriage of Vietnamese citizens residing in the country.

- Individuals who request registration of civil status events other than those prescribed in Clause 1 of Article 11 of the Law on Civil Status 2014 or issue of civil status extract copies shall pay a fee.

The Ministry of Finance shall stipulate in detail the competence to collect, fee rates and the management and use of civil status fees.

3. Prohibited acts in civil status registration in Vietnam

Article 12 of the Law on Civil Status 2014 stipulates prohibited acts in civil status registration as follows:

- Individuals are prohibited from committing the following acts:

+ Providing untruthful information and documents, forging or using forged papers or papers of other persons for civil status registration;

+ Threatening, coercing or hindering the exercise and performance of the civil status registration right and obligation;

+ Illegally intervening in civil status registration activities;

+ Making false undertakings or witness statements for civil status registration;

+ Forging, modifying and falsifying contents of civil status papers or information in the civil status database;

+ Giving bribes and promising material or spiritual benefits in order to obtain civil status registration;

+ Abusing the civil status registration or shirking the civil status registration obligation for self-seeking purpose, enjoying the State’s preferential policy or earning illicit profits in whatever forms;

+ Persons competent to decide on civil status registration making civil status registration for themselves or their relatives under the Law on Marriage and Family;

+ Unduly accessing, hacking and destroying information in the civil status database.

- Civil status papers that are granted in cases of civil status registration in violation of Points a, d, dd, g and h, Clause 1 of Article 12 of the Law on Civil Status 2014 are all invalid and subject to revocation and cancellation.

- Individuals who commit any act specified in Clause 1 of Article 12 of the Law on Civil Status 2014 shall, depending on the nature and seriousness of their acts, be administratively handled or examined for penal liability in accordance with law.

Cadres or civil servants who commit the provisions of Clause 1 of Article 12 of the Law on Civil Status 2014 shall, in addition to being handled as above, be disciplined in accordance with the law on cadres and civil servants.

Ho Quoc Tuan

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