The Decree 07, which amends and supplements several provisions of the decrees on household registration, nationality, and authentication, took effect on January 9th. One of the notable features of this decree is the regulation of marriage registration and birth declaration procedures.
Specifically, Clause 3, Point c of Article 2 of the Decree supplements important regulations to simplify birth declaration and marriage registration procedures for Vietnamese citizens. Regarding marriage registration, the household registration authority will conduct a search of the marital status of the registrant through the Provincial-level Administrative Procedure Handling Information System, which is connected to the Electronic Household Register Database and the National Population Database.
For birth registration of children whose parents are married, the household registration authority will search for information on the marital status of the child’s parents through the Marriage Certificate provided in the Birth Registration Declaration. The search results will be stored electronically or on paper, ensuring complete and accurate information, and will be attached to the file.
Immediately after the Decree took effect, the Ministry of Justice sent documents to the Provincial People’s Committees to guide the implementation of these new regulations. The Ministry of Justice requires that upon receiving a birth registration request, the household registration authority will not ask for the parents’ Marriage Certificate if they are married, unless one of the parents is a foreign national.
The Ministry of Justice also requires that upon receiving a marriage registration request, the household registration authorities will not ask for a Certificate of Marital Status or a Divorce Record Extract from Vietnamese citizens. Instead, the authority will search for information on the marital status of the registrant and the parents of the child through the Provincial-level Administrative Procedure Handling Information System, connected to the relevant databases.
In cases where marital status information cannot be retrieved due to a lack of data in the databases, the household registration authority will request the People’s Committee of the commune or ward where the registrant resides or was married to verify the information. The commune or ward authority is responsible for providing the verification results within three working days from the date of receiving the request.
The Ministry of Justice also requested provinces and cities to ensure the technical infrastructure for connecting the local Administrative Procedure Handling Information System with the Ministry of Justice’s Electronic Household Registration and Management Information System. This ensures that the reception and processing of birth registration, marriage registration, and marital status confirmation procedures are carried out in accordance with regulations.
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