Regulations on Online Civil Status Registration in Vietnam

On July 28th, 2020, the Government issued Decree No. 87/2020/ND-CP (Decree 87) regulating the electronic civil status database, online civil status registration i.e. birth certificate registration, marriage certificate registration, death certificate registration.

Marriage dispute lawyers in Vietnam

The Decree is the provisions on the building, management, updating, exploitation and use of the electronic civil status database; connecting and sharing data between the electronic civil status database with the national population database, the national public service portal, the public service portal, the provincial electronic one-door information system, other databases of ministries, branches and localities; issue copies of civil status extracts, certify civil status information; online civil status registration. Although an application can be submitted online, the person applying for civil status registration must still be present at the civil status registry to sign the civil status book and receive results in case of registration of the following procedures: birth certificate registration; marriage registration; guardian registration; recognition of parents, children; change, correct civil status, redefine ethnicity, supplement civil status information; death registration.

Upon receiving results at the civil status registration office, the requester for civil status registration must submit and present papers and documents that are part of the civil status registration dossier as prescribed.

Cases in which the requester is not present at the civil status registration office to sign the civil status book and receive the results, but still have to submit and present papers and documents that are part of the household registration dossier civil status according to the law on civil status, including: confirm civil status information; record in the civil status book the birth, marriage, divorce, marriage cancellation, guardianship, recognition of father, mother, child, identification of father, mother, child, adoption, change of civil status, death registration of Vietnamese citizens who have been settled at a foreign competent authority.

To perform online civil status registration, the requester needs to access the National Public Service Portal, the Provincial Public Service Portal to register an account and authenticate users according to the instructions. Upon successful account login, the requester must provide information in the available form; attach photocopies or electronic copies of papers, documents as prescribed; pay fees and charges through the online payment function or by other means as prescribed by law. After the submission of the dossier is completed, the system will automatically send a number of administrative documents for the requester to follow up, look up the progress of the application or access to complete the application when requested by the civil status registration agency.

Decree 87 will take effect from September 15, 2020. The construction of the civil status database, the development of online civil status registration, helps people to handle administrative procedures anytime, anywhere, without having to travel many times, without having to queue and not takes time to wait, limits crowds. In addition, the use of online public services also contributes to reducing the harassment, bureaucracy and troubles of a part of cadres and civil servants, increasing the publicity and transparency of the state agencies file handling.

ANT Lawyers in a law firm in Vietnam, recognized by Legal500, IFLR1000. We are an exclusive Vietnam member of Prea Legal, the global law firm network covering more than 150 jurisdictions. The firm provides a range of legal services to multinational and domestic clients. For advice or services request, please contact us via email ant@antlawyers.vn, or call us +84 24 730 86 529.

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Legal matters concerning marriages and divorce in Vietnam

Vietnam family laws covers all legal matters concerning marriages and divorces, including marriage registration procedures, and divorce procedures, matters concerning separate or joint ownership assets and property, child custody, child support, and dispute on related matters.

Marriage and Family Lawyers in Vietnam

Vietnam marriage laws have developed during the past 40 years and are still connected with changes in the thinking of the Vietnamese society and are thereby not exempt from future amendments that might appear simultaneously with the changes in Vietnam’s fast emerging society. The legal fundamental basis for marriages in Vietnam is the Marriage and Family Law.  Some of the main points that are included in this law’s mission are for contributing to build and protect the marriage and family regime as well as to protect legitimate rights and interests of family members. The essential legal provisions of the Vietnam marriage law requires and determines: a required marital age for male is at least 20 years and female 18 years; marriages must be voluntary, progressive, monogamous marriages in which husband and wife are equal; marriages between partners of different nationalities, religions etc. are respected and legally protected but marriages between married people, people without civil act capacity, between the same direct blood line or within three generations, between (former) adoptive parents and children or parents- and children-in-law and stepparents and stepchildren, are forbidden. Although the marriage between persons of the same sex is not forbidden any more but the State shall not recognize it.

Furthermore, marriage or remarriages must be registered with the competent State bodies (registration offices) where either of the marriage partners resides. Vietnamese citizens living abroad shall refer to overseas Vietnamese diplomatic missions or consulates for services.  Unless otherwise provided by law, the provisions of the Marriage and Family law also are also applicable for foreigners involved in Vietnamese marriages.  In case a treaty to which the Socialist Republic of Vietnam is a contracting party contains provisions different from those of this Law, the provisions of such treaty prevail.

The registration procedures might differ in some points for foreigners because of the documents required from their home countries.  Papers issued, granted or certified by competent foreign agencies for use in the settlement of cases and matters of marriage and family shall be notarized, legalized, except cases eligible for exemption from consular legalization under treaties to which the Socialist Republic of Vietnam is a contracting party or on the principle of reciprocity. Foreigners must demonstrate that they are eligible for marriage in compliance with the law of their home countries. According to the Vietnam Marriage and Family law, foreigners enjoy the same rights and obligations like Vietnamese and Vietnam provides protection for the legitimate rights and interests of Vietnamese living abroad in marriage and family relations in accordance with the law.  In the case of a marriage between a foreigner and a Vietnamese, each one must abide by the legislation of his/her country on the marriage conditions. The law also bans marriages whereby foreigners take advantages related to human trafficking, sexually abuse against women.

The law on marriage and family has brought a positive change to the role of the family in Vietnamese society and the traditional values ​​of marriage and family. These legal provisions have contributed to the protection and perfection of a progressive marriage and family regime by creating legal standards that keep pace with the times but also respect long-standing traditional values ​​of Vietnam. However, Vietnam still lacks complex mechanisms to deal with all those involved and another problem is that some clauses are overlapping and are not clear enough to address outstanding issues such as: cohabitation system such as husband and wife, separated or surrogacy. Prenuptial agreements, premarital agreements or similar marriage contracts are not recognized in Vietnam. However, agreements on joint assets, or division of assets during marriage are recognized but certain procedures have to be followed.

Lawyers at ANT Lawyers have experience with registration of marriage, divorce procedures or dispute matters of assets, properties in Vietnam.

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Regulations on Online Civil Status Registration in Vietnam

On July 28th, 2020, the Government issued Decree No. 87/2020/ND-CP (Decree 87) regulating the electronic civil status database, online civil status registration i.e. birth certificate registration, marriage certificate registration, death certificate registration.

Marriage dispute lawyers in Vietnam 

The Decree is the provisions on the building, management, updating, exploitation and use of the electronic civil status database; connecting and sharing data between the electronic civil status database with the national population database, the national public service portal, the public service portal, the provincial electronic one-door information system, other databases of ministries, branches and localities; issue copies of civil status extracts, certify civil status information; online civil status registration. Although an application can be submitted online, the person applying for civil status registration must still be present at the civil status registry to sign the civil status book and receive results in case of registration of the following procedures: birth certificate registration; marriage registration; guardian registration; recognition of parents, children; change, correct civil status, redefine ethnicity, supplement civil status information; death registration.

Upon receiving results at the civil status registration office, the requester for civil status registration must submit and present papers and documents that are part of the civil status registration dossier as prescribed.

Cases in which the requester is not present at the civil status registration office to sign the civil status book and receive the results, but still have to submit and present papers and documents that are part of the household registration dossier civil status according to the law on civil status, including: confirm civil status information; record in the civil status book the birth, marriage, divorce, marriage cancellation, guardianship, recognition of father, mother, child, identification of father, mother, child, adoption, change of civil status, death registration of Vietnamese citizens who have been settled at a foreign competent authority.

To perform online civil status registration, the requester needs to access the National Public Service Portal, the Provincial Public Service Portal to register an account and authenticate users according to the instructions. Upon successful account login, the requester must provide information in the available form; attach photocopies or electronic copies of papers, documents as prescribed; pay fees and charges through the online payment function or by other means as prescribed by law. After the submission of the dossier is completed, the system will automatically send a number of administrative documents for the requester to follow up, look up the progress of the application or access to complete the application when requested by the civil status registration agency.

Decree 87 will take effect from September 15, 2020. The construction of the civil status database, the development of online civil status registration, helps people to handle administrative procedures anytime, anywhere, without having to travel many times, without having to queue and not takes time to wait, limits crowds. In addition, the use of online public services also contributes to reducing the harassment, bureaucracy and troubles of a part of cadres and civil servants, increasing the publicity and transparency of the state agencies file handling.

Read More