DECREE 07/2025/ND-CP, AMENDING AND SUPPLEMENTING CIVIL STATUS, NATIONALITY, CERTIFICATION
GOVERNMENT |
SOCIALIST REPUBLIC OF VIETNAM ————— |
Number: 07/2025/ND-CP |
Hanoi, January 9, 2025 |
DECREE
AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF DECREES IN THE FIELD OF CIVIL STATUS, NATIONALITY AND AUTHENTICATION
Pursuant to the Law on Organization of the Government dated June 19, 2015; Law amending and supplementing a number of articles of the Law on Organization of the Government and the Law on Organization of Local Government dated November 22, 2019;
Pursuant to the Civil Code dated November 24, 2015;
Pursuant to the Law on Civil Status dated November 20, 2014;
Pursuant to the Law on Vietnamese Nationality dated November 13, 2008; Law amending and supplementing a number of articles of the Law on Vietnamese Nationality dated June 24, 2014;
At the request of the Minister of Justice;
The Government issued a Decree amending and supplementing a number of articles of the Decrees in the fields of civil status, nationality and authentication.
Article 1. Amending and supplementing a number of articles of Decree No. 23/2015/ND-CP dated February 16, 2015 of the Government on issuing copies from original books, certifying copies from originals, certifying signatures and certifying contracts and transactions.
- Amendments and supplements Point a, Clause 2, Article 5 as follows:
“a) Certify copies from originals of documents and papers issued or certified by competent agencies and organizations of Vietnam; competent agencies and organizations of foreign countries; competent agencies and organizations of Vietnam in association with competent agencies and organizations of foreign countries;”.
- Amendments and supplements Clause 1, Article 36 as follows:
“1. The person requesting authentication shall present the original or a certified copy of the Identity Card/Citizen Identification Card/Identification Card/Identification Certificate or Passport, entry and exit documents/valid international travel documents or present an electronic Identity Card and submit 01 (one) set of authentication request documents, including the following documents:
- a) Draft contracts and transactions;
- b) A copy with the original for comparison of the certificate of ownership, right to use or a replacement document as prescribed by law for assets that the law requires to register ownership or right to use in case of contracts or transactions related to such assets; except in cases where the testator is threatened with death.”.
- Replace the phrase “original or certified copy of valid Identity Card or Passport” in the Clause 1 Article 17, Clause 1 Article 24, Clause 2 Article 31, Clause 2 Article 40 with the phrase “original or certified copy of Identity Card/Citizen Identification Card/Identification Card/Identification Certificate/Passport/Immigration Document/Valid International Travel Document or Electronic Identity Card”.
- Replace the phrase “Identity card or Passport” at Clause 2, Article 25 , the phrase “Identity card/passport” at Appendix of sample testimony, sample certificate with the phrase “Identity card/Citizen identification card/Identity card/Electronic identification/Identity certificate or Passport/Immigration documents/International travel documents.”.
Article 2. Amending and supplementing a number of articles and sections of Decree No. 123/2015/ND-CP dated November 15, 2015 of the Government detailing a number of articles and measures to implement the Law on Civil Status
- Amendments and supplements Article 1 as follows:
“Article 1. Scope of regulation
This Decree details a number of articles of the Law on Civil Status on birth and marriage registration, management and use of Civil Status Books during the period when the Electronic Civil Status Database and the National Population Database have not been uniformly operated nationwide (hereinafter referred to as the transitional period); birth registration for abandoned children, children whose parents have not been identified, children born by surrogacy; birth, marriage, recognition of father, mother, child, death registration in border areas; issuance of Certificates of marital status; registration of guardianship supervision, registration of termination of guardianship supervision; birth registration for children born abroad whose birth has not been registered and residing in Vietnam; marriage registration with foreign elements at the People’s Committee at the district level; recording in the civil status book the marriage, divorce, and annulment of marriage of Vietnamese citizens that have been resolved at competent foreign authorities; re-registration of birth, marriage, and death; The arrangement of judicial and civil status officials to perform specialized civil status work and some measures to implement the Law on Civil Status .”.
- Amendments and supplements Clause 1, Clause 2 Article 2 as follows:
“1. A person requesting to register a household registration or issue a copy of a household registration extract must present the original of one of the following documents: passport, identity card, citizen identification card, identification card, electronic identification card, identity certificate or other document with photo and personal information issued by a competent authority, which is still valid (hereinafter referred to as identity document) to prove identity.
- A person requesting birth registration must submit a birth certificate or documents in lieu of a birth certificate as prescribed in Clause 1, Article 16 of the Law on Civil Status ; a person requesting death registration must submit a death notice or documents in lieu of a death notice as prescribed in Clause 1, Article 34 of the Law on Civil Status and in Clause 2, Article 4 of this Decree .
In case the applicant has submitted an electronic copy of the Birth Certificate or Death Certificate, or the civil status registration agency has exploited the digitally signed electronic data of the Birth Certificate or Death Certificate, it is not necessary to submit a paper copy.
- Amend and supplement Article 3 as follows:
- a) Modify and supplement the name Article 3 as follows: Method of submitting and receiving household registration applications, conducting verification when processing household registration applications.
- b) Amendments and supplements Clause 1, Article 3 as follows:
“1. A person requesting civil status registration can submit the application directly to the civil status registration agency, send the application via the postal system or register online according to the law on online civil status registration.
The household registration file is made up of 01 (one) set.”.
- c) Add clause 5 Article 3 as follows:
“5. For birth registration requests where the parents of the child have registered their marriage, based on the information on the Marriage Certificate provided in the Birth Registration Form, the civil status registration agency is responsible for looking up information on the marital status of the parents of the child on the Provincial Administrative Procedures Information System through connection with the Electronic Civil Status Database and the National Population Database.
For marriage registration requests, the civil status registration agency looks up information on the marital status of the person requesting marriage registration on the provincial administrative procedure settlement information system through connection with the electronic civil status database and the national population database.
Search results are stored in electronic or paper form, fully and accurately reflecting information at the time of search and attached to the applicant’s profile.
In case the marital status cannot be looked up because there is no information in the Electronic Civil Status Database or the National Population Database, the civil status registration agency shall request the People’s Committee of the commune where the applicant is a permanent resident/where the marriage was registered to verify and provide information. Within 03 working days from the date of receipt of the verification request, the People’s Committee of the commune where the verification request is received shall be responsible for checking, verifying and sending the results on the marital status of that person.”.
- Modifications Point c, Clause 1, Article 4 as follows:
“c) The personal identification number of the person whose birth is registered is issued upon birth registration. The issuance of the personal identification number is carried out in accordance with the provisions of the Law on Identification and detailed implementing documents, on the basis of ensuring consistency with the Law on Civil Status and this Decree;”.
- Modifications Clause 2, Article 9 as follows:
“2. The person requesting birth registration shall present documents as prescribed in Clause 1, Article 2 of this Decree .”.
- Amendments and supplements Clause 4, Article 22 as follows:
“4. In case the person requesting confirmation of marital status has registered permanent residence in many different places, the person requesting confirmation of marital status shall provide documents proving the marital status at the previous place of permanent residence (if any). Based on the information provided, the civil status registration agency shall look up information on the marital status of the person requesting confirmation of marital status on the provincial-level administrative procedure settlement information system through connection with the Electronic Civil Status Database and the National Population Database. In case the search cannot be done due to lack of information in the Database, the civil status registration agency shall coordinate with relevant agencies to conduct the verification. The time limit and method of submitting the verification request shall comply with the provisions of Clause 5, Article 3 of this Decree .”.
- Modifications Clause 2, Article 23 as follows:
“2. The certificate of marital status is used for marriage at Vietnamese representative agencies abroad, competent foreign agencies abroad or for other purposes.”.
- Add Section 5 Chapter 3 as follows:
“Section 5
REGISTRATION OF GUARDIANSHIP SUPERVISION, REGISTRATION OF TERMINATION OF GUARDIANSHIP SUPERVISION
Article 28a. Authority to register guardianship supervision and register termination of guardianship supervision
- The People’s Committee of the commune where the person under guardianship resides shall register and supervise the guardianship.
- The People’s Committee at the commune level that has registered to supervise the guardianship shall register to terminate the supervision of the guardianship.
Article 28b. Procedures for registration of guardianship supervision
- The person requesting registration for guardianship supervision shall submit the Registration Form for Guardianship Supervision in accordance with the prescribed form and the document as the basis for proving the agreement to appoint/select a guardian supervisor in accordance with the provisions of the Civil Code to the competent civil status registration agency.
- Within 03 working days from the date of receiving the application, if the conditions are met according to the law, the judicial – civil status officer will record it in the Civil Status Book and report to the Chairman of the People’s Committee at the commune level to issue an extract to the applicant.
In case verification is required, the processing time may be extended but not more than 05 working days from the date of receipt of the application.
Article 28c. Procedures for registration of termination of guardianship supervision
- The person requesting registration for termination of guardianship supervision shall submit the Registration Form for Termination of Guardianship Supervision in accordance with the prescribed form and documents as the basis for termination of guardianship supervision to the competent civil status registration authority.
- The procedure for registration of termination of guardianship supervision is similar to the provisions in Clause 2, Article 28b of this Decree .
- The declaration form, forms of the Book, and Extracts of the Civil Status related to registration of guardianship supervision and registration of termination of guardianship supervision are issued in the Appendix attached to this Decree.”.
- Modifications Clause 3 Article 30 as follows:
“3. In addition to the documents specified in Clause 1 of this Article, if the marriage party is a Vietnamese citizen who has divorced or annulled the marriage at a competent foreign authority, but through information search in the Electronic Civil Status Database; through connection between the Provincial Administrative Procedures Information System with the Electronic Civil Status Database, the National Population Database does not show information about the divorce or annulment of the marriage, the civil status registration agency shall guide the citizen to carry out the procedure for recording the divorce/annulment of the marriage in the civil status book at a competent state agency before processing the marriage registration; if the person requesting marriage registration is a civil servant, public employee or serving in the armed forces, he/she must submit a document from the agency or management unit confirming that the person’s marriage to a foreigner does not violate the regulations of that sector.”.
- Abolition Clause 1, Article 10, Decree No. 123/2015/ND-CP November 15, 2015 detailing a number of articles and enforcement measures Law on Civil Status .
Article 3. Amending and supplementing a number of articles of Decree No. 87/2020/ND-CP dated July 28, 2020 of the Government regulating the Electronic Civil Status Database and online civil status registration
- Amendments and supplements Clause 2 Article 2 as follows:
“2. The shared electronic civil status registration and management software is the foundation of the Electronic Civil Status Database, including civil status registration and management software and application software and services developed, designed and provided by the Ministry of Justice to civil status registration and management agencies to perform civil status registration, build, update, digitize, standardize and manage civil status data, exploit and use the Electronic Civil Status Database.
The shared electronic civil status registration and management software is connected and integrated with the National Public Service Portal, the Administrative Procedures Information System of the Ministry of Justice, the Ministry of Foreign Affairs, and the Provincial Administrative Procedures Information System to support the reception, resolution, monitoring of the reception, resolution, and results of resolution of administrative procedures in the field of civil status.”.
- Modifications Clause 2, Article 8 as follows:
“2. The Ministry of Justice shall deploy the connection and sharing of data between the Electronic Civil Status Database and other databases of ministries, branches and localities; exploit and use the Electronic Civil Status Database to carry out state management activities in the field of civil status in accordance with the provisions of law.”.
- Modifications Point c, Clause 3, Article 12 as follows:
“c) Civil status registration dossiers will only be officially accepted for processing on the shared electronic civil status registration and management software after they have been completed, supplemented, and ensured to be complete and in compliance with legal regulations.
The time limit for handling administrative procedures is calculated from the time the dossier is officially received;”.
- Modifications Clause 1, Clause 2 Article 13 as follows:
“1. The competent authority as prescribed in Clause 1, Clause 3, Clause 4, Article 8 of this Decree shall issue a copy of the household registration extract upon request of an individual, regardless of the place where the household registration was registered and the place of residence of the requester.
- The competent authority as prescribed in Clause 3 and Clause 4, Article 8 of this Decree shall issue confirmation of civil status information in cases where individuals request to exploit information from multiple civil status registrations, to confirm their different civil status information; agencies and organizations request to exploit multiple civil status information of an individual or exploit civil status information of many people.”.
- Modifications Clause 7, Article 19 as follows:
“7. Have written instructions, management, and guidance to promptly resolve problems related to the exploitation and use of the Electronic Civil Status Database for civil status registration nationwide.”.
Article 4. Amending and supplementing a number of articles of Decree No. 16/2020/ND-CP dated February 3, 2020 of the Government detailing a number of articles and measures to implement the Law on Vietnamese Nationality
- Amend and supplement some clauses and points Article 10 as follows:
- a) Name change Clause 1 Article 10 as follows:
“1. The documents specified in points b, d, đ, e and g, Clause 1, Article 20 of the Law on Vietnamese Nationality are the following documents:”.
- b) Amendments and supplements Point c, Clause 1, Article 10 as follows:
“c) A copy of the birth certificate of the minor child who is naturalized as a Vietnamese citizen with his/her parents or other valid documents proving the father-child or mother-child relationship, in case the receiving agency cannot exploit information proving the father-child or mother-child relationship in the Electronic Civil Status Database or the National Population Database.
In case only the father or mother acquires Vietnamese nationality and the minor child living with that person acquires Vietnamese nationality under the father or mother, a written agreement with both parents’ signatures on the application for Vietnamese nationality for the child must be submitted. The written agreement does not need to be authenticated; the person applying for Vietnamese nationality for the child must be responsible for the accuracy of the other person’s signature.
In case the father or mother has died, lost civil act capacity or has limited civil act capacity, the written agreement shall be replaced by documents proving that the father or mother has died, lost civil act capacity or has limited civil act capacity;”.
- c) Add point e Clause 1 Article 10 as follows:
“e) The Department of Justice shall proactively request the agency managing the criminal record database to issue a Criminal Record Certificate to a person applying for Vietnamese nationality during their residence in Vietnam to complete the application for Vietnamese nationality, except in cases where the person applying for Vietnamese nationality already has a Criminal Record Certificate at the time of application submission.
This regulation also applies to applications for regaining Vietnamese nationality and applications for renouncing Vietnamese nationality submitted to the Department of Justice.”.
- d) Amendments and supplements Point a, Clause 2, Article 10 as follows:
“a) In case the spouse is a Vietnamese citizen, submit a copy of the Marriage Certificate or Certificate of Marital Status; if the father, mother or child is a Vietnamese citizen, submit a copy of the Birth Certificate or other valid documents proving the relationship between the father, mother and child, in case the receiving agency cannot exploit information proving the marital relationship or the relationship between the father, mother and child in the Electronic Civil Status Database or the National Population Database;”.
- Amendments and supplements Clause 1, Clause 4 Article 15 as follows:
“1. Documents proving that the person applying to regain Vietnamese nationality used to have Vietnamese nationality as prescribed in Point d, Clause 1, Article 24 of the Law on Vietnamese Nationality are one of the following documents:
- a) Documents proving that the President has allowed the person to renounce his/her Vietnamese nationality or has had his/her Vietnamese nationality revoked;
- b) Documents issued or certified by a competent authority or organization of Vietnam, stating Vietnamese nationality or valuable documents proving the person’s previous Vietnamese nationality.
In case information about the previous Vietnamese nationality status of the person applying to regain Vietnamese nationality can be exploited in the Electronic Civil Status Database or the National Population Database, the receiving agency does not require the person applying to regain Vietnamese nationality to submit the above documents.
“4. A minor child who returns to Vietnamese nationality with his or her parents must submit a copy of the child’s birth certificate or other valid documents proving the father-child or mother-child relationship, in case the receiving agency cannot exploit information proving the father-child or mother-child relationship in the Electronic Civil Status Database or the National Population Database. In case only the father or mother returns to Vietnamese nationality and the minor child living with that person returns to Vietnamese nationality with the father or mother, a written agreement of the parents on the application for the return of Vietnamese nationality for the child must be submitted. The agreement must have the full signatures of the father and mother. The signatures do not need to be certified, but the person applying for the return of Vietnamese nationality for the child must be responsible for the accuracy of the other person’s signature.
In case the father or mother has died, lost civil act capacity or has limited civil act capacity, the written agreement shall be replaced by documents proving that the father or mother has died, lost civil act capacity or has limited civil act capacity.”.
- Modifications Clause 1, Article 16 as follows:
“1. In case it is necessary to verify the identity of a person applying to regain Vietnamese nationality according to the provisions of Clause 3, Article 25 of the Law on Vietnamese Nationality , the Ministry of Justice shall issue a document clearly stating the contents requested for verification by the Ministry of Public Security.”.
- Amendments and supplements Article 18 as follows:
- a) Add clause 1a below Clause 1 Article 18 as follows:
“1a. Documents proving that the person applying to renounce Vietnamese nationality has Vietnamese nationality are copies of Vietnamese passports, citizen identification cards, identity cards, electronic identification cards, identity cards or other documents specified in Article 11 of the Law on Vietnamese Nationality , in case the receiving agency cannot exploit information proving the Vietnamese nationality of the person applying to renounce Vietnamese nationality in the Electronic Civil Status Database, National Population Database.”.
- b) Amendments and supplements Clause 3, Article 18 as follows:
“3. A copy of the birth certificate of the minor child who renounces Vietnamese nationality with his/her parents or other valid documents proving the father-child or mother-child relationship, in case the receiving agency cannot exploit information proving the father-child or mother-child relationship in the Electronic Civil Status Database or the National Population Database. In case only the father or mother renounces Vietnamese nationality and the minor child living with that person renounces Vietnamese nationality with his/her father or mother, a written agreement with both parents’ signatures on the child’s request to renounce Vietnamese nationality must be submitted. The written agreement does not need to be authenticated; the person applying for the child’s renunciation of Vietnamese nationality must be responsible for the accuracy of the other person’s signature.
In case the father or mother has died, lost civil act capacity or has limited civil act capacity, the written agreement shall be replaced by documents proving that the father or mother has died, lost civil act capacity or has limited civil act capacity.”.
- Modifications Article 30 as follows:
“Article 30. Authority to issue Certificate of Vietnamese nationality
A person requesting a Certificate of Vietnamese Nationality shall submit an application to the Department of Justice or the Representative Office where he/she resides at the time of application submission.”.
- Amendments and supplements Point b Clause 1 Article 31 as follows:
“b) Documents proving Vietnamese nationality as prescribed in Article 11 of the Law on Vietnamese Nationality or similar documents issued by the previous government, including Birth Certificates in which there is no nationality section or the nationality section is left blank but on which the Vietnamese full name of the applicant and his/her parents are recorded, in case the receiving agency cannot exploit information proving Vietnamese nationality of the applicant for a Certificate of Vietnamese nationality in the Electronic Civil Status Database or the National Population Database;”.
- Modifications Article 32 as follows:
“Article 32. Authority to issue Certificate of Vietnamese origin
A person requesting a Certificate of Vietnamese origin shall submit an application to the Department of Justice or the Representative Office where he/she resides at the time of application submission.”.
- Amendments and supplements Point b Clause 1 Article 33 as follows:
“b) Documents previously issued to prove that the person once had Vietnamese nationality and at birth their nationality was determined according to the principle of bloodline or documents to prove that the person was born with parents or paternal or maternal grandparents who once had Vietnamese nationality, in case the receiving agency cannot exploit them in the Electronic Civil Status Database or the National Population Database.
In case none of the above documents are available, depending on the specific circumstances, one can submit copies of documents on personal identity, nationality, and household registration issued by the old regime in the South before April 30, 1975; documents issued by the old government in Hanoi from 1911 to 1956; a guarantee letter from the Overseas Vietnamese Association where the person is residing, confirming that the person is of Vietnamese origin; a guarantee letter from a person with Vietnamese nationality, confirming that the person is of Vietnamese origin; documents issued by a competent authority of a foreign country stating Vietnamese nationality or nationality of Vietnamese origin.”.
- Add the phrase “Identity card, Electronic ID card” after the phrase “Citizen ID card” at Clause 2, Article 4, Clause 2, Clause 3 and Clause 4, Article 24, Clause 1 and Clause 2, Article 26 , Point a, Clause 1, Article 29, Point a, Clause 1, Article 31, Point a, Clause 1, Article 33 , Point e, Clause 1, Article 35 and Clause 3, Article 36 .
Article 5. Implementation provisions
- This Decree comes into force from the date of signing and promulgation.
- Authentication, civil status, and nationality records received before the effective date of the Decree but not yet resolved shall continue to be resolved in accordance with the provisions of Decree No. 23/2015/ND-CP , Decree No. 123/2015/ND-CP , Decree No. 87/2020/ND-CP , Decree No. 16/2020/ND-CP .
- The Ministry of Justice is responsible for guiding the implementation of this Decree.
- Ministers, Heads of ministerial-level agencies, Heads of Government agencies, Chairmen of People’s Committees at all levels and relevant individuals, agencies and organizations are responsible for implementing this Decree.
Recipients: |
FOR THE GOVERNMENT Le Thanh Long |
Download document: DECREE 072025ND-CP
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