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light-check Amendments to regulations on assignment of personal identification numbers to citizens

Decree No. 37/2021/ND-CP dated March 29th, 2021 of the Government on amending some Articles of Decree No. 137/2015/ND-CP dated December 31, 2015 on guidelines for Law on Citizen Identification
VietlawOnline

This Decree is to amend the regulations pertaining to assignment and use of personal identification numbers. Read more

Accordingly, with regard to a citizen who has a birth certificate, the database management body shall assign personal identification number (“PIN”) to the citizen based on information available in the national population database. After assigning PIN to the citizen, the database management body shall issue a written notification of the assigned PIN and information on the citizen available in the national population database to the citizen. If the citizen’s information in the database is inadequate, the notification shall include a request for the citizen to provide the missing information.

The citizen shall contact the police of the commune where he/she lives to have their information in the database updated or edited.

For any citizen who already has PIN but has undergone sex reassignment or changed their birth year, the database management body shall assign another PIN to the citizen after the citizen finishes registering information concerning their sex or birth year.

The issuance of an identity card shall be based on PIN.

This Decree takes effect from May 15th, 2021.

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light-check 2020 Residence Law: Family registries and temporary residence registries shall be removed

Law No. 68/2020/QH14 dated November 13th, 2020 of the National Assembly on Residence Law
VietlawOnline

One of the noticeable new points of this Law is the annulment of the regulations on family registries and temporary residence registries. Read more

Instead, information on place of residence of persons shall be updated to the national population database and residence database

In addition, the new Law regulates locations not eligible for new permanent residence registration, including:

- Places of residence situated in locations or areas forbidden from construction;

- Places of residence the whole floor area of which are located on illegally encroached land;

- Places of residence issued with a decision on land use right revocation

-; Places of residence being houses the whole or a part of floor area of which is subject to a dispute;

- Places of residence located on land not eligible for construction

- Places of residence confiscated

- Places of residence being houses issued with a demolition decision

This Law takes effect from July 1st, 2021. To replace the Residence Law No. 81/2006/QH11status3 and Law No. 36/2013/QH13status3 dated June 20th, 2013.

Starting from the date on which this Law comes into force, issued family registries and temporary residence registries may continue to be used and are equivalent to written confirmations of residence per this Law until December 31st, 2022 inclusive. However, in case where information in a family registry or temporary residence registry differs from information in the residence database, the latter shall be used.

Some provisions of Law on Citizen Identification No. 59/2014/QH13status2 ; Law on Health Insurance No. 25/2008/QH12status2 (amended at Laws No. 32/2013/QH13, No. 46/2014/QH13, No. 97/2015/QH13status2 and No. 35/2018/QH14); Law on the Capital No. 25/2012/QH13status2 and Law on Judicial Records No. 28/2009/QH12status2 are amended, annulled at this Law.

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blue-check Regulations on development of electronic civil status database

Decree No. 87/2020/ND-CP dated July 28th, 2020 of the Government on electronic civil status database and online civil registration

Vietnam shall develop electronic civil status database to update, archive civil status information of an individual and civil status information of his/her parents and spouses in case of changes to marital affairs, changes, reform or revision of civil status information, re-verification of ethnic group; acknowledging parent(s), child/children; acting as guardians; adopting child/children; declaration of death. Read more

Based on the database the people may register civil status online.

This Decree takes effect from September 15th, 2020. To abrogate Clause 1, Clause 2 Article 12 of Decree No. 123/2015/ND-CPstatus2 dated November 15th, 2015.

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blue-check New guidelines on registration of civil status

Circular No. 04/2020/TT-BTP dated May 28th, 2020 of the Ministry if Justice on elaborating a number of Articles of Law on Civil Status and the Government’s Decree No. 123/2015/ND-CPstatus2 dated November 15, 2015 on guidelines for Law on Civil Status
VietlawOnline

This Law provides for new guidelines on birth registration, marriage registration, death registration, recognition of parent-child relationship. Read more

This Circular takes effect from July 16th, 2020 and replaces Circular No. 15/2015/TT-BTP dated November 16th, 2015.

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blue-check Regulations on naturalization and denaturalization of Vietnamese nationality

Decree No. 16/2020/ND-CP dated February 3rd, 2020 of the Government on elaborating to Law on Vietnamese Nationality
VietlawOnline

In comparison with the earlier regulations this Decree still remains 3 conditions for naturalization of Vietnamese nationality with regard to foreigners, including: Be fluent in Vietnamese; possess Permanent Residence Cards; and have legal assets or sources of income to ensure livelihood in Vietnam. Read more

However, this Decree supplements acts relating to nationality to be prohibited such as use of fabricated documents or expired documents; exploitation of naturalization of Vietnamese nationality to violate national security and benefits, legal rights and benefits of Vietnamese agencies, organizations and citizens, etc.

In addition, this Decree also regulates in details special cases of naturalization of Vietnamese nationality and retention of foreign nationality. Accordingly, if an applicant for naturalization of Vietnamese nationality has made meritorious contribution to Vietnam’s national construction and defense and the naturalization of Vietnamese nationality with retention of foreign nationality is beneficial to the Government of the Socialist Republic of Vietnam, he/she may retain the foreign nationality upon applying for naturalization of Vietnamese nationality.

This Decree takes effect from March 20th, 2020.

To replace Decree No. 78/2009/ND-CPstatus1 dated September 22nd, 2009, Decree No. 97/2014/ND-CPstatus1 dated October 17th, 2014, Joint Circular No. 05/2010/TTLT/BTP-BNG-BCAstatus1 dated March 1st, 2010 and Joint Circular No. 05/2013/TTLT/BTP-BNG-BCAstatus1 dated January 31st, 2013.

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stop-check Fees for processing of applications for citizen identity card from 2017

Circular No. 256/2016/TT-BTCstatus1 of November 11th, 2016 of the Ministry of Finance on providing for fees for processing of applications for citizen identity card, and the collection, transfer and management thereof
VietlawOnline

This Circular takes effect from January 1st, 2017 and replaces Circular No. 170/2015/TT-BTCstatus1 dated November 9th, 2015.

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blue-check The adoption registration fees

Decree No. 114/2016/ND-CP dated July 8th, 2016 of the Government on adoption registration fees, fees for issuance of operation licenses of intercountry adoption agencies

According to this Decree, the amount of domestic adoption registration fee is VND 400,000/case Read more

Amount of adoption registration fee collected from Vietnamese people residing in foreign countries or foreigners permanently residing in foreign countries that adopt children being Vietnam nationals: VND 9.000.000/case

Amount of fee collected from foreigners permanently residing in Vietnam that adopt children being Vietnamese nationals: VND 4.500.000/case

Amount of adoption registration fee at Vietnam’s overseas representative bodies: USD 150/case

Amounts of fees for issuance of operation license to an intercountry adoption agency is VND 65,000,000/license (initial issuance) and VND 35,000,000/license (extension)

This Decree comes into force from January 1st, 2017. From the effective date of this Decree, the phrase “lệ phí đăng ký nuôi con nuôi” (adoption registration fees), “mức thu, chế độ quản lý, sử dụng lệ phí” (fee amounts, fee management and use) prescribed in Clause 1 Article 1; the phrase “khoản 1 và” (Clause 1 and) in Clause 3 Article 38; the regulations in Clause 1 Article 38 and the following Articles: 39, 40, 41, 42, 43, 44, 45, 46 of Decree No. 19/2011/ND-CPstatus2 dated March 21st, 2011 shall be annulled.

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blue-check The new provisions on the registration of civil status outside Vietnam

Joint Circular No. 02/2016/TTLT-BNG-BTP dated June 30th, 2016 of the Ministry of Foreign Affairs - Ministry of Justice on guiding the registration and management of civil status by overseas Vietnamese diplomatic missions and consular offices
VietlawOnline

This Joint Circular provides for guidelines in the civil registration for Vietnamese citizens residing abroad; re-registration of births, marriages and deaths; issuance of copies of civil status extracts; issuance of marital status certificates to Vietnamese citizens residing abroad; Read more

Accordingly, representative missions competent to receive the civil registration for Vietnamese citizens residing abroad shall carry out according to Article 3 of the Law on civil status. With regard to countries where two or more representative missions of Vietnam are situated, the representative mission in consular region where the applicant resides shall have the power to receive civil registration. In countries where representative missions are not available, the civil registration shall be carried out at non-resident or convenient representative missions

When requesting a representative mission to handle procedures for civil registration, the applicant must present the original of any of the following documents: passport or passport substitute, ID card, Citizen Identity Card or other unexpired documents with photo and personal information issued by competent authorities to prove his/her identity, and document(s) proving his/her residence in the host country

Documents issued by competent authorities of a host country to use for carrying out civil registration procedures with representative missions do not require consular legalization. Documents in foreign languages included in civil registration dossiers must be translated into Vietnamese or English as regulated.

This Joint Circular takes effect from August 15th, 2016. To replace Joint Circular No. 11/2008/TTLT-BTP-BNG dated December 31st, 2008 and Joint Circular No. 06/2012/TTLT-BTP-BNGstatus1 dated June 19th, 2012.

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red-check Regulations in details on personal identification numbers and issuance of citizen identification cards

Circular No. 07/2016/TT-BCAstatus2 dated February 1st, 2016 of the Ministry of Public Security on detailing a number of articles of Law on Citizen Identification and Decree No. 137/2015/ND-CP dated December 31, 2015 detailing a number of articles of, and providing measures for implementing, the Law on Citizen Identification

This Circular is to regulate in details these issues: Read more

- Collection, update, modification of citizen information in the National Population Database;

- Codes included in the Personal identification numbers;

- Collection, update, modification and usage of information in the Citizen Identification Database

- Issuance and management of citizen identification cards

Accordingly, the codes included in the personal identification numbers are composed of: Code of the province of birth registration; Code of the country of birth registration; Code of the century of birth, gender and year of birth. Information about such codes is confidential.

Processes and procedures for issuance of Citizen Identification Cards are specified in Chapter IV.

This Circular takes effect from March 20th, 2016.

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red-check New regulations on civil status registration

Decree No. 123/2015/ND-CPstatus2 dated November 15th, 2015 of the Government on guidelines for Law on civil status No. 60/2014/QH13
VietlawOnline

This Decree regulates in details some provisions of the Law on civil status 2016 relating to the regulations on procedures and application for civil status registration (registration of birth, marriage, death) and conditions for changes and correction of civil status affairs. Read more

This Decree takes effect from January 1st, 2016

The following legislative documents, articles and clauses shall be annulled:

a) Decree No. 77/2001/ND-CPstatus1 dated October 22nd, 2001;

b) Decree No. 158/2005/ND-CP dated December 27th, 2005;

c) Article 1 and Article 3 of Decree No. 06/2012/ND-CPstatus2 dated February 2nd, 2012;

d) Articles 3, 5 and 44 of Decree No. 24/2013/ND-CPstatus1 dated March 28th, 2013;

dd) Section 1 through Section 6 Chapter III, including Article 19 through Article 50, and Point a Clause 1 Article 63 of Decree No. 126/2014/ND-CPstatus2 dated December 31st, 2014.

Clause 2 Article 63 of Decree No. 126/2014/ND-CPstatus2 dated December 31st, 2014 is amended as follows:

“Each Service of Justice shall enable the People's Committee of province to perform roles of regulatory agency in marriage and family involving foreign elements in the province, and perform specific duties and entitlements as prescribed in this Decree”.

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