Exchange of foreign driving license
1. Order of implementation:
a) Filing dossier of administrative procedures: The holder of a foreign driver’s license shall submit an application for exchange of a foreign driving license to the Quang Ngai Center for Service and Control of administrative procedures, located at 54 Hung Vuong Street, Quang Ngai City, Quang Ngai Province (place of registration of residence, temporary residence, or permanent residency).
b) Handling administrative procedures
+ The Department of Transport receives the application, reviews it, issues the driver's license, and returns the dossier of exchange of driver’s license to the holder.
+ If the driving license-issuing agency has any doubts about the passport, identity card, citizen identification card, or diplomatic identity card, it must send a written request to the Ministry of Foreign Affairs, the Department of Management Immigration, which is under the Ministry of Public Security, and the Immigration Department of the Police Department of provinces and centrally-run cities to verify.
(When submitting an application, the driver is photographed directly by the driver's license agency at the Quang Ngai Center for Service and Control of administrative procedures and presents the original documents for comparison, except originals that have already been sent.)
c) Time to receive and return dossier: From Monday to Friday every week (except for public holidays and Tet holidays as prescribed).
- Morning: From 7:00 to 11:30
- Afternoon: From 13:30 to 17:00
2. Method of implementation: Submit the dossier directly or send it through the public postal service to the Quang Ngai Center for Service and Control of administrative procedures.
3. Composition and number of dossiers
a) Composition of dossiers:
- Application form for exchange of driver’s licence
- Copy of passport (passport number, full name and photo of the issued person, expiry date and entry visa page to Vietnam), identity card or citizen identification card, foreign identity card assignment or official duty issued by the Ministry of Foreign Affairs of Vietnam or a copy of the residence card, temporary residence card, permanent residence card, papers verifying long-term residence in Vietnam for foreigners;
- The translation of the foreign driver's license into Vietnamese is guaranteed by the translation quality of the Notary Public or the Embassy or Consulate in Vietnam where the translator works, stamped adjacent to the copy of the driver's license; Vietnamese people present consularly legalized foreign driver's licenses in accordance with the law on consular certification and legalization, except for cases exempted under the provisions of law.
b) Number of dossiers: 01 set.
4. Time limit for settlement: Within 03 working days after receiving the complete and valid dossiers.
5. Entities carrying out administrative procedures: Vietnamese people residing abroad; foreigners.
6. Agency implementing administrative procedures:
- The authorized agency for decision: Department of Transport
- Authority authorized or decentralized to perform: None;
- The agency directly implementing administrative procedures: Department of Transport.
- The coordinating agency: None.
7. Results of implementation of administrative procedures: Driving license
8. Fees and charges:
Driver's license renewal fee: 135,000 VND per time.
9. Application form and declaration: An application for exchange of driver’s license for foreigners according to the form specified in Appendix 20 issued with Circular No. 12/2017/TT-BGTVT dated April 15, 2017.
10. Requirements and conditions for administrative procedures:
- Foreigners residing, working or studying in Vietnam, possessing a diplomatic identity card, official identity card, temporary residence card, residence card, or permanent residence card with a validity period of 03 months or more, must have a valid national driving license.
- The foreign driver's license must not be erased or torn; it must still have all the necessary elements to change the driver's license or there is no difference in identity.
11. Legal basis:
- Circular No. 12/2017/TT-BGTVT dated April 15, 2017 of the Minister of Transport on driver training, driving tests and issuance of driving licenses for road motor vehicles;
- Circular No. 38/2019/TT-BGTVT dated October 8, 2019 of the Minister of Transport amending and supplementing a number of articles of Circular No. 12/2017/TT-BGTVT dated April 15, 2017 of the Minister of Transport on driver training, driving tests and issuance of driving licenses for road motor vehicles;
- Circular No. 188/2016/TT-BTC dated November 8, 2016 of the Ministry of Finance regulating collection rates and regime for collection, payment, management and use of fees and charges of driving examination; issuance fees of driving license, operation certificate and fees of registration, granting plate of special-use vehicles.
* Attachments:
I. Allowance for organization of a foreign press conference
1. Order of implementation:
a) Filing dossier of administrative procedures:
- The applicant (organizations/individuals) prepares the dossier according to the law.
- Submit the the dossier directly or send it through the public postal service to the Quang Ngai Center for Service and Control of administrative procedures, 54 Hung Vuong Street, Quang Ngai City, Quang Ngai Province.
- In the case of online submission, the organization/individual prepares the dossier and sends it through using the account registered on the Quang Ngai Provincial Public Service Portal (https://dichvucong.quangngai.gov.vn). The system will automatically notify the reception results (with the application code) through the registered account and phone number.
b) Administrative procedure settlement
- If the dossier is complete and valid, the public postal staff at the Quang Ngai Center for Service and Control of administrative procedures checks and accepts the dossier, and transfers it (on paper or electronically) to the Department of Information and Communication for handling. In case the dossier is incomplete or invalid, guiding the organizations/individuals to complete it in accordance with the law.
- Division of Information-Press-Publishing advices on handling dossiers and submitting them to the leaders of the Department of Information and Communications for consideration and approval.
- The clerical staff of the Department of Information and Communications enters the document number, seals, stores, and transfers the results of handling documents (on paper or electronically) to the Quang Ngai Center for Service and Control of administrative procedures.
- The public postal staff of the Quang Ngai Center for Service and Control of administrative procedures returns the results to organizations/individuals; then invite them to rate their satisfaction.
c) Time to receive and return dossier: From Monday to Friday every week (except for public holidays and Tet holidays as prescribed).
- Morning: From 7:00 to 11:30
- Afternoon: From 13:30 to 17:00
2. Method of implementation
Submit the dossier directly or send it through the public postal service to the Quang Ngai Center for Service and Control of administrative procedures, 54 Hung Vuong Street, Quang Ngai City, Quang Ngai Province; or through Quang Ngai Provincial Public Service Portal at: http://dichvucong.quangngai.gov.vn.
3. Composition and number of dossiers
a) Composition of dossiers: Press conference application form
b) Number of dossiers: 01 set.
4. Time limit for settlement: Within 02 working days after receiving the complete and valid dossiers
5. Entities carrying out administrative procedures: Organizations, associations.
6. Agency implementing administrative procedures:
- The authorized agency: Department of Information and Communications
- The agency directly implementing administrative procedures: Department of Information and Communications.
- The coordinating agency: None.
7. Results of administrative procedures: Written approval
8. Fees and charges: None
9. Application form and declaration: Form No. 02 (issued together with Circular No. 04/2014/TT-BTTTT dated March 19, 2014 of the Ministry of Information and Communications).
10. Requirements and conditions for implementation of administrative procedures:
- The content of the press conference must match the content of the written approval of the state management agency in charge of the press. In case there is no written response, it must be true to the content notified to the state management agency in charge of the press.
- The content of the press conference does not contain the information specified in Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9 of Article 9 of the Law on Press.
11. Legal basis:
- The Law on Press No. 103/2016/QH13 was passed by the National Assembly of the Socialist Republic of Vietnam on April 5, 2016 and is effective from January 1, 2017.
- The Government’s Decree No. 88/2012/ND-CP dated October 23, 2012, on information and press activities of the foreign press, foreign representative agencies, and foreign organizations in Vietnam.
- The Ministry of Information and Communications’ Circular No. 04/2014/TT-BTTTT dated March 19, 2014 on detailing and guiding the implementation of a number of articles of Decree No. 88/2012/ND-CP dated October 23, 2012 of the Government on information and press activities of foreign press, foreign representative agencies, and foreign organizations in Vietnam.
* Attachments:
II. GRANT OF LICENSE FOR IMPORT NON-COMMERCIAL PUBLICATIONS (LOCAL LEVEL)
1. Order of implementation:
a) Filing dossier of administrative procedures:
- The applicant (organizations/individuals) prepares the dossier according to the law.
- Submit the the dossier directly or send it through the public postal service to the Service Center-Controlling administrative procedures of Quang Ngai province, 54 Hung Vuong Street, Quang Ngai City, Quang Ngai Province.
- In the case of online submission, the organization/individual prepares the dossier and sends it using the account registered on the Quang Ngai Provincial Public Service Portal (https://dichvucong.quangngai.gov.vn). The system will automatically notify the reception results (with the application code) through the registered account and phone number.
b) Handling administrative procedures
- If the dossier is complete and valid, the public postal staff at the Service Center-Controlling administrative procedures of Quang Ngai province checks and accepts the dossier, and transfers it (on paper or electronically) to the Department of Information and Communication for handling. In the event that the dossier is incomplete or invalid, guiding the organizations/individuals to complete it in accordance with the law.
- Division of Information-Press-Publishing advices on handling dossiers and submitting them to the leaders of the Department of Information and Communications for consideration and approval.
- The clerical staff of the Department of Information and Communications enters the document number, seals, stores, and transfers the results of handling documents (on paper or electronically) to the Service Center-Controlling administrative procedures of Quang Ngai province.
- The public postal staff at the Service Center-Controlling administrative procedures of Quang Ngai province return the results to organizations/individuals; then invite them to rate their satisfaction.
c) Time to receive and return dossier: From Monday to Friday every week (except for public holidays and Tet holidays as prescribed).
- Morning: From 7:00 to 11:30
- Afternoon: From 13:30 to 17:00.
2. How to do it
Submit the dossier directly or send it through the public postal service to the Service Center-Controlling administrative procedures of Quang Ngai province, 54 Hung Vuong Street, Quang Ngai City, Quang Ngai Province; or done on the Quang Ngai Provincial Public Service Portal at: http://dichvucong.quangngai.gov.vn.
3. Composition and number of dossiers
a) Composition of dossiers:
- Application for a license to import non-commercial publications
- List of non-commercial imported publications
b) Number of dossiers: 01 set.
4. Processing time: Within 07 working days after receiving the complete and valid dossiers
5. Subjects to carry out administrative procedures:
- Enterprise
- Organizations, associations.
6. The bodies implementing administrative procedures:
- The authorized agency for decision: Department of Information and Communications
- The agency directly implementing administrative procedures: Department of Information and Communications
- The coordinating agency: None.
7. Results of implementation of administrative procedures: License to import non-commercial publications
8. Fees: 50,000 dong per dossier (According to the provisions of Circular No. 214/2016/TT-BTC dated November 10, 2016 of the Ministry of Finance).
9. Name of form, form of declaration:
- List of non-commercial imported publications
- Application for a license to import non-commercial publications
10. Requirements and conditions for implementation of administrative procedures: None
11. Legal basis of administrative procedures:
- Law on Publication No. 19/2012/QH13 passed by the 13th National Assembly of the Socialist Republic of Vietnam on November 20, 2012
- Decree No. 195/2013/ND-CP dated November 21, 2013 of the Government detailing a number of articles and measures to implement the Law on Publication
- Circular No. 214/2016 / TT-BTC dated November 10, 2016 of the Ministry of Finance regulating the rates, the collection, payment, management and use of fees for verifying content of non-commercial documents for giving publishing license, fee for granting of non-commercial publishing permits, and registration fee for import of publications for business
- Circular No. 01/2020/TT-BTTTT dated February 7, 2020 of the Minister of Information and Communications detailing and guiding the implementation of a number of articles of the Publication Law and the Government’s Decree No. 195/2013/ND-CP of November 21, 2013, detailing a number of articles of, and providing measures to implement the Publication Law.
* Attachments:
III. Granting licenses to print and process publications for foreign countries (local level)
1. Order of implementation:
a) Filing dossier of administrative procedures:
- The applicant (organizations/individuals) prepares the dossier according to the law.
- Submit the the dossier directly or send it through the public postal service to the Service Center-Controlling administrative procedures of Quang Ngai province, 54 Hung Vuong Street, Quang Ngai City, Quang Ngai Province.
- In the case of online submission, the organization/individual prepares the dossier and sends it using the account registered on the Quang Ngai Provincial Public Service Portal (https://dichvucong.quangngai.gov.vn). The system will automatically notify the reception results (with the application code) through the registered account and phone number.
b) Handling administrative procedures
- If the dossier is complete and valid, the public postal staff at the Service Center-Controlling administrative procedures of Quang Ngai province checks and accepts the dossier, and transfers it (on paper or electronically) to the Department of Information and Communication for handling. In the event that the dossier is incomplete or invalid, guiding the organizations/individuals to complete it in accordance with the law.
- Division of Information-Press-Publishing advices on handling dossiers and submitting them to the leaders of the Department of Information and Communications for consideration and approval.
- The clerical staff of the Department of Information and Communications enters the document number, seals, stores, and transfers the results of handling documents (on paper or electronically) to the Service Center-Controlling administrative procedures of Quang Ngai province.
- The public postal staff at the Service Center-Controlling administrative procedures of Quang Ngai province return the results to organizations/individuals; then invite them to rate their satisfaction.
c) Time to receive and return dossier: From Monday to Friday every week (except for public holidays and Tet holidays as prescribed).
- Morning: From 7:00 to 11:30
- Afternoon: From 13:30 to 17:00
2. How to do it
Submit the dossier directly or send it through the public postal service to the Service Center-Controlling administrative procedures of Quang Ngai province, 54 Hung Vuong Street, Quang Ngai City, Quang Ngai Province; or done on the Quang Ngai Provincial Public Service Portal at: http://dichvucong.quangngai.gov.vn.
3. Composition and number of dossiers
a) Composition of dossiers:
- An application for a license to print and process publications for foreign countries;
- Two copies of publications to order;
- A certified copy of the license to print publications;
- A certified copy of the contract for printing and processing publications for foreign organizations/individuals; if the contract is in a foreign language, the Vietnamese translation must be attached;
- A copy of the valid passport of the person ordering the printing or the power of attorney, the identity card of the person authorized to order the printing.
b) Number of dossiers: 01 set.
4. Processing time: Within 07 working days after receiving the complete and valid dossiers
5. Subjects to carry out administrative procedures:
- Business and administrative offices
- Enterprises
- Individual business households
- Co-operative
- Foreign organizations
- Organizations, associations
6. The bodies implementing administrative procedures:
- The authorized agency for decision: Department of Information and Communications
- The agency directly implementing administrative procedures: Department of Information and Communications
- The coordinating agency: None.
7. Results of implementation of administrative procedures: License to print and process publications for foreign countries
8. Fees: None
9. Name of form, form of declaration: Application for a license to print and process publications for foreign countries
10. Requirements and conditions for implementation of administrative procedures: The printing establishment has a license to print publications.
11. Legal basis of administrative procedures:
- Law on Publication No. 19/2012/QH13 passed by the 13th National Assembly of the Socialist Republic of Vietnam on November 20, 2012
- Decree No. 195/2013/ND-CP dated November 21, 2013 of the Government detailing a number of articles and measures to implement the Law on Publication
- Circular No. 01/2020/TT-BTTTT dated February 7, 2020 of the Minister of Information and Communications detailing and guiding the implementation of a number of articles of the Publication Law and the Government’s Decree No. 195/2013/ND-CP of November 21, 2013, detailing a number of articles of, and providing measures to implement the Publication Law.
* Attachments:
IV. Grant of registration to receive foreign television signals directly from satellites
1. Order of implementation:
a) Filing dossier of administrative procedures:
- The applicant (organizations/individuals) prepares the dossier according to the law.
- Submit the the dossier directly or send it through the public postal service to the Service Center-Controlling administrative procedures of Quang Ngai province, 54 Hung Vuong Street, Quang Ngai City, Quang Ngai Province.
- In the case of online submission, the organization/individual prepares the dossier and sends it using the account registered on the Quang Ngai Provincial Public Service Portal (https://dichvucong.quangngai.gov.vn). The system will automatically notify the reception results (with the application code) through the registered account and phone number.
b) Handling administrative procedures
- If the dossier is complete and valid, the public postal staff at the Service Center-Controlling administrative procedures of Quang Ngai province checks and accepts the dossier, and transfers it (on paper or electronically) to the Department of Information and Communication for handling. In the event that the dossier is incomplete or invalid, guiding the organizations/individuals to complete it in accordance with the law.
- Division of Information-Press-Publishing advices on handling dossiers and submitting them to the leaders of the Department of Information and Communications for consideration and approval.
- The clerical staff of the Department of Information and Communications enters the document number, seals, stores, and transfers the results of handling documents (on paper or electronically) to the Service Center-Controlling administrative procedures of Quang Ngai province.
- The public postal staff at the Service Center-Controlling administrative procedures of Quang Ngai province return the results to organizations/individuals; then invite them to rate their satisfaction.
c) Time to receive and return dossier: From Monday to Friday every week (except for public holidays and Tet holidays as prescribed).
- Morning: From 7:00 to 11:30
- Afternoon: From 13:30 to 17:00
2. How to do it
Submit the dossier directly or send it through the public postal service to the Service Center-Controlling administrative procedures of Quang Ngai province, 54 Hung Vuong Street, Quang Ngai City, Quang Ngai Province; or done on the Quang Ngai Provincial Public Service Portal at: http://dichvucong.quangngai.gov.vn.
3. Composition and number of dossiers
a) Composition of dossiers:
- Registration declaration according to the form prescribed by the Ministry of Information and Communications
- The certified copies or copies enclosed with the originals for comparison of the following documents: Establishment license or equivalent legal document for organizations specified in Clause 2, Article 29 of the Government’s Decree No. 06/2016/ND-CP dated January 18, 2016; Certificate of business registration, Certificate of investment registration (if any) for organizations, Permanent residence card or equivalent legal document for foreign households/individuals specified in Clause 3, Article 29 of the Government’s Decree No. 06/2016/ND-CP dated January 18, 2016; The document registering the operation of the hotel specified at Point b, Clause 4, Article 29 of the Government’s Decree No. 06/2016/ND-CP dated January 18, 2016; License to provide pay radio and television services for enterprises specified in Clause 6, Article 29 of the Government’s Decree No. 06/2016/ND-CP dated January 18, 2016.
- The certified copies or copies enclosed with the originals for comparison of documents on lease or loan of equipment installation location in case the equipment is not installed at the location stated in the Establishment license, Certificate of investment registration, Certificate of business registration, Permanent residence card, License to provide pay radio and television services.
b) Number of dossiers: 01 set (original).
4. Processing time: Within 07 working days after receiving the complete and valid dossiers
5. Subjects to carry out administrative procedures:
- Organizations, associations.
- Foreign organizations
6. The bodies implementing administrative procedures:
- The authorized agency for decision: Department of Information and Communications
- The agency directly implementing administrative procedures: Department of Information and Communications
- The coordinating agency: None.
7. Results of implementation of administrative procedures: Certificate of registration to receive foreign television signals directly from satellite
8. Fees: None
9. Name of form, form of declaration: Declaration of registration to receive foreign television signals directly from satellites (Form No. 07/DVTHTT issued together with Circular No. 19/2016/TT-BTTTT dated June 30, 2016 of the Ministry of Information and Communications)
10. Requirements and conditions for implementation of administrative procedures:
- As a Vietnamese enterprise. Foreign-invested enterprises must be approved by the Prime Minister’s policy;
- Having a service provision plan consistent with the master plan on the development of radio and television services, the master plan on radio and television transmission, and other master plans in the field of radio, television, and electrical information;
- Having a license to establish a telecommunications network or having an agreement to lease and use a telecommunications network that meets the technical requirements for service transmission to subscribers connected to that telecommunications network for the services specified at Points a, b, c, d, Clause 1, Article 4 of Decree No. 06/2016/ND-CP; having a confirmation of registration of a domain name “.vn” or a definite Internet address to provide services to subscribers for the services specified at Point đ, Clause 1, Article 4 of Decree No. 06/2016/ND-CP;
- There are options: Allocating human resources; investment in technical equipment; service market forecast and analysis; business plan and service charges, investment cost estimates and operating expenses for at least the first 2 (two) years; documents proving charter capital or documents of equivalent value satisfying the requirements of service provision according to the estimate;
- Having a plan to set up a transceiver center for all domestic and foreign program channels to be concentrated in one location, except for program channels on the list of program channels serving political and informational tasks essential to local propaganda, including: technical design of signal processing equipment system, equipment connected to transmission network, equipment for service management, subscriber management, and content protection;
- Having a plan to apply modern technical technology in accordance with the State's regulations on standards and technical regulations to ensure service quality and information safety; handle technical problems as soon as possible to ensure service continuity and subscriber interests;
- Having an expected list of domestic program channels (except for program channels specified in Clause 4, Article 13 of Decree No. 06/2016/ND-CP), foreign program channels, on-demand content, and price content added value will be provided on pay radio and television services with the written approval of content providers;
- Having a written agreement on the receiving point for the appropriate program channels specified at Point c, Clause 1, Article 14 of Decree No. 06/2016/ND-CP.
11. Legal basis of administrative procedures:
- Decree No.06/2016/ND-CP dated January 18, 2016 of Government on management, provision and utilization of radio and television services.
- Circular No. 19/2016/TT-BTTTT dated June 30, 2016 of the Ministry of Information and Communications regulating the forms of registration declarations, applications for licenses, certificates, permits, and business reports as prescribed in Decree No. 06/2016/ND-CP dated January 18, 2016 of the Government on management, provision and utilization of radio and television services.
* Attachments:
V. Grant of registration for amendment and supplementation of the certificate of registration for reception of foreign television signals directly from satellites
1. Order of implementation:
a) Filing dossier of administrative procedures:
- The applicant (organizations/individuals) prepares the dossier according to the law.
- Submit the the dossier directly or send it through the public postal service to the Service Center-Controlling administrative procedures of Quang Ngai province, 54 Hung Vuong Street, Quang Ngai City, Quang Ngai Province.
- In the case of online submission, the organization/individual prepares the dossier and sends it using the account registered on the Quang Ngai Provincial Public Service Portal (https://dichvucong.quangngai.gov.vn). The system will automatically notify the reception results (with the application code) through the registered account and phone number.
b) Handling administrative procedures
- If the dossier is complete and valid, the public postal staff at the Service Center-Controlling administrative procedures of Quang Ngai province checks and accepts the dossier, and transfers it (on paper or electronically) to the Department of Information and Communication for handling. In the event that the dossier is incomplete or invalid, guiding the organizations/individuals to complete it in accordance with the law.
- Division of Information-Press-Publishing advices on handling dossiers and submitting them to the leaders of the Department of Information and Communications for consideration and approval.
- The clerical staff of the Department of Information and Communications enters the document number, seals, stores, and transfers the results of handling documents (on paper or electronically) to the Service Center-Controlling administrative procedures of Quang Ngai province.
- The public postal staff at the Service Center-Controlling administrative procedures of Quang Ngai province return the results to organizations/individuals; then invite them to rate their satisfaction.
c) Time to receive and return dossier: From Monday to Friday every week (except for public holidays and Tet holidays as prescribed).
- Morning: From 7:00 to 11:30
- Afternoon: From 13:30 to 17:00
2. How to do it
Submit the dossier directly or send it through the public postal service to the Service Center-Controlling administrative procedures of Quang Ngai province, 54 Hung Vuong Street, Quang Ngai City, Quang Ngai Province; or done on the Quang Ngai Provincial Public Service Portal at: http://dichvucong.quangngai.gov.vn.
3. Composition and number of dossiers
a) Composition of dossiers:
- The written request specifies the content that needs to be changed or supplemented..
- When changing the installation location, a certified copy of the document establishing ownership, lease, or loan of the new location is necessary.
b) Number of dossiers: 01 set (original).
4. Processing time: Within 07 working days after receiving the complete and valid dossiers
5. Subjects to carry out administrative procedures:
- Organizations, associations.
- Foreign organization.
6. The bodies implementing administrative procedures:
- The authorized agency for decision: Department of Information and Communications
- The agency directly implementing administrative procedures: Department of Information and Communications
- The coordinating agency: None.
7. Results of implementation of administrative procedures: Certificate of registration for reception of foreign television signals directly from satellites
8. Fees: None
9. Name of form, form of declaration: None
10. Requirements and conditions for implementation of administrative procedures:
- As a Vietnamese enterprise. Foreign-invested enterprises must be approved by the Prime Minister’s policy;
- Having a service provision plan consistent with the master plan on the development of radio and television services, the master plan on radio and television transmission, and other master plans in the field of radio, television, and electrical information;
- Having a license to establish a telecommunications network or having an agreement to lease and use a telecommunications network that meets the technical requirements for service transmission to subscribers connected to that telecommunications network for the services specified at Points a, b, c, d, Clause 1, Article 4 of Decree No. 06/2016/ND-CP; having a confirmation of registration of a domain name “.vn” or a definite Internet address to provide services to subscribers for the services specified at Point đ, Clause 1, Article 4 of Decree No. 06/2016/ND-CP;
- There are options: Allocating human resources; investment in technical equipment; service market forecast and analysis; business plan and service charges, investment cost estimates and operating expenses for at least the first 2 (two) years; documents proving charter capital or documents of equivalent value satisfying the requirements of service provision according to the estimate;
- Having a plan to set up a transceiver center for all domestic and foreign program channels to be concentrated in one location, except for program channels on the list of program channels serving political and informational tasks essential to local propaganda, including: technical design of signal processing equipment system, equipment connected to transmission network, equipment for service management, subscriber management, and content protection;
- Having a plan to apply modern technical technology in accordance with the State's regulations on standards and technical regulations to ensure service quality and information safety; handle technical problems as soon as possible to ensure service continuity and subscriber interests;
- Having an expected list of domestic program channels (except for program channels specified in Clause 4, Article 13 of Decree No. 06/2016/ND-CP), foreign program channels, on-demand content, and price content added value will be provided on pay radio and television services with the written approval of content providers;
- Having a written agreement on the receiving point for the appropriate program channels specified at Point c, Clause 1, Article 14 of Decree No. 06/2016/ND-CP.
11. Legal basis of administrative procedures:
- Decree No.06/2016/ND-CP dated January 18, 2016 of Government on management, provision and utilization of radio and television services.
- Circular No. 19/2016/TT-BTTTT dated June 30, 2016 of the Ministry of Information and Communications regulating the forms of registration declarations, applications for licenses, certificates, permits, and business reports as prescribed in Decree No. 06/2016/ND-CP dated January 18, 2016 of the Government on management, provision and utilization of radio and television services.
Allowing domestic and overseas individuals to provide humanitarian medical examination and treatment at medical examination and treatment establishments under the Department of Health.
I. Order of implementation
Step 1. Individuals requesting humanitarian medical examination and treatment shall submit dossiers to the Department of Health
Step 2. The Department of Health sends the requesting individual the application receipt form according to regulations
If the application dossier for permission to conduct humanitarian medical examination and treatment is incomplete, a written notice must be sent to the individual requesting humanitarian medical examination and treatment within 10 working days to complete the dossier, which must specify documents that need to be supplemented or amended.
Step 3. The Department of Health must issue a written authorization to conduct humanitarian medical examination and treatment within 10 days of receiving valid dossiers as stated on the Receipt Form.
If humanitarian medical examination and treatment is not permitted, the reason must be stated in written document.
II. Method of implementation
Submit dossiers, receive settlement results at the Center for Service and Control of administrative procedures, address: No. 54 Hung Vuong Street, Quang Ngai City, Quang Ngai Province through the following ways:
- Direct.
- Via postal service.
III. Composition and number of dossiers1
1. Composition of dossiers:
- An application form for permission for humanitarian medical examination and treatment as prescribed in Appendix 01 issued with Circular No. 30/2014/TT-BYT;
- A certified copy of the practice certificate for the practitioner only;
- A plan on organization of humanitarian medical examination and treatment according to the form specified in Appendix 03 issued with Circular No. 30/2014/TT-BYT;
- The written permission of the medical examination and treatment establishment or the head of the place where the individual intends to provide humanitarian medical examination and treatment activities;
- Documents evidencing stable financial resources for humanitarian medical examination and treatment activities.
2. Number of dossiers: 01 set
IV. Time limit for settlement 2
Within 10 working days after receiving the complete and valid dossiers
V. Entities carrying out administrative procedures: Individual
VI. Agency implementing administrative procedures: Department of Health
VII. Results of implementation of administrative procedures: Official letter authorizing medical examination and treatment
VIII. Fees and charges (if any): No regulations
IX: Application form and declaration (Attached this procedure)
- Application for permission to organize humanitarian medical examination and treatment according to Appendix 1 of Circular No. 30/2014/TT-BYT dated August 28, 2014 of the Minister of Health.
- A plan on organization of humanitarian medical examination and treatment according to the form specified in Appendix 03 issued with Circular No. 30/2014/TT-BYT dated August 28, 2014 of the Minister of Health
X. Requirements and conditions for implementation of administrative procedures (if any)
Article 7 of Circular No. 30/2014/TT-BYT dated August 28, 2014: “Conditions for allowing domestic and foreign individuals to provide humanitarian healthcare”
1. Infrastructure conditions:
a) Regulations laid down in Point a Clause 1 Article 5 hereof shall be complied with;
b) If a domestic or foreign individual provides humanitarian healthcare at a place other than the healthcare facility, the place where healthcare is provided must:
- To have a patient reception area, specialized examination rooms or injection and dressing change rooms in the case of injection and dressing change services;
- To satisfy conditions for bacterial contamination control, radiation safety, medical waste management and fire safety;
- To ensure sufficient supply of electricity and water and satisfy other conditions to serve humanitarian healthcare.
2. Personnel conditions:
Individuals who conduct humanitarian medical examinations and treatments, whether domestic or foreign, must have a medical examination and treatment practice certificate issued by the Ministry of Health or the Department of Health, or a medical examination and treatment practice certificate approved by the Government of Vietnam recognized according to the provisions of Article 22 of the Law on Medical Examination and Treatment; know Vietnamese fluently or register the language used in medical examination and treatment; and comply with the provisions of Article 23 of the Law on medical examination and treatment.
3. Conditions for medical equipment and drugs:
a) Having adequate medical equipment, anti-shock drugs, emergency drugs, and curative drugs appropriate to the scope of professional activities for which domestic and foreign individuals register for humanitarian medical examination and treatment.
b) Equipment must have a clear origin, and drugs used for humanitarian medical examination and treatment must be on the list of drugs allowed to circulate in Vietnam and have an expiry date.
4. Scope of professional activities:
Perform medical examination and treatment according to the scope of professional activities in the issued practice certificate and in accordance with the list of professional and technical subjects that domestic and foreign individuals are permitted by competent state agencies for humanitarian medical examination and treatment.
5. If a domestic or foreign individual conducts a humanitarian medical examination and treatment at a medical examination and treatment establishment, the written consent of such medical examination and treatment establishment must be obtained.
6. If a domestic or foreign individual conducts a humanitarian medical examination and treatment at a location other than the medical examination and treatment establishment, the written consent of the People's Committee of the commune, ward or township where the humanitarian medical examination and treatment is performed must be obtained.
XI. Legal basis:
1. Law No.11/2008/QH12 on Red-cross Activities
2. Law No. 40/2009/QH12 on medical examination and treatment
3. Decree No. 03/2011/ND-CP dated January 7, 2011 of the Government detailing and implementing measures for the Law on Red-cross activities
4. Circular No. 30/2014/TT-BYT dated August 28, 2014 of the Ministry of Health providing for humanitarian medical examination and treatment
* Attachments:
Issuance of work permits for foreign employees working in Vietnam
1.1. Order of execution
- Determining the need of foreign employees use:
+ Employers (except contractors) are responsible for determining the need of using foreign employees for each position that Vietnamese employees have not yet met and report to the Chairman of the Province People's Committee where the foreign employees are expected to work. During the implementation process, if there is any change in the demand for using foreign employees, the employer must report to the Chairman of the Provincial People's Committee.
+ In case foreign employees specified in Clauses 3, 4, 5, 6, 7 and 8 Article 154 of the Labor Code and Article 7 of Decree No. 152/2020/ND-CP, The employer is not required to determine the demand for using foreign employees.
- The Provincial People's Committee shall give an approval letter to the employer for the use of foreign employees for each job position.
Step 1: At least before 15 working days, from the date the foreign employees are expected to start working for the employer, the employer must submit application of issuance of work permits to the Department of Labor, Invalids and Social Affairs where the foreign employees are expected to work.
In case the foreign employees do not have the full time to work for the employer in a province or a city under Central, the application of granting work permits shall be submitted to the Department of Labor, Invalids and Social Affairs where the employer's head office is located.
Employers send applications of granting work permits for foreign employees to work in Quang Ngai to the Center for Service and Control of Administrative Procedures of Quang Ngai Province at 54 Hung Vuong street, Quang Ngai city, Quang Ngai province or submit it by post.
- Submit the applications online and pay fees online at: http://dichvucong.quangngai.gov.vn
Step 2: The civil servant receives and checks the legality and content of the application:
- If the application is valid, the civil servant shall write a receipt for the applicant and transfer the application to the Division of Labor, Employment and Vocational Education.
- If the application is not valid, the civil servant shall guide the applicant to complete the application.
Step 3: Department of Labor - Invalids and Social Affairs issues work permits to foreigners. In case of refusal, there must be a written reply clearly stating the reason.
Step 4: Delivering results at the Center for Service and Control of Administrative Procedures of Quang Ngai Province at 54 Hung Vuong street, Quang Ngai city, Quang Ngai province or by post.
- Submitting receipt.
- Receiving results.
- Time to receive and deliver results: From 07:00 to 11:30 in the mornings. And from 13:30 to 17:00 in the afternoons (except Saturday, Sunday, the National holidays and The Tet holidays)
After the foreign employee is granted a work permit, the employer and the foreign employee must sign a written labor contract in accordance with Vietnamese labor law before the expected working date.
Within 05 working days, from the date of signing the labor contract, the employer must send a copy of the signed labor contract to the Department of Labor, Invalids and Social Affairs where the work permit has been issued.
1.2. Method of Implementation: Submit the applications directly to the Center for Service and Control of Administrative Procedures of Quang Ngai Province at 54 Hung Vuong street, Quang Ngai city, Quang Ngai province or by post.
- Submit the applications online and pay fees online at: http://dichvucong.quangngai.gov.vn
1.3. Components and number of the dossier:
a) Components of the dossier:
- An official document request for a work permit of the employer (Form 11/PLI: Decree No. 152/2020/ND-CP on 30 December 2020 of the Ministry of Labor, Invalids and Social Affairs).
- A Health Certificate or Health Check Certificate issued by the foreign or Vietnamese authorized health organizations or agencies is taken effect within 12 months from the date of signing the health conclusion to the date of submitting the applications or Health Certificate as prescribed by the Minister of Health.
- A criminal record or a document certifying that the foreign employees is not a person who is serving a sentence or has not yet been remitted or is being examined for criminal liability by a foreign country or issued by Vietnam.
A criminal record or a document certifying that the foreign employees is not a person who is serving a sentence or has not yet been remitted or is being examined for criminal liability, issued within 06 months, from the date of issue to the date of submitting the applications.
- Documents proving that they are managers, CEO, experts, technical employees and a number of occupations and jobs are prescribed as follows:
+ Documents proving that they are managers, CEO as prescribed in Clauses 4 and 5, Article 3 of this Decree;
+ Documents proving that they are experts or technical workers as prescribed in Clauses 3 and 6, Article 3 of this Decree, including: diplomas, certificates, written certification of the agency, organization or enterprise in the foreign countries on the number of years of experience of the expert or technical worker;
+ Documents proving the experience of a foreign football player or an international transfer certificate (ITC) issued to a foreign football player or a document from the Vietnam Football Federation confirming temporary or official registration for players of the club of the Vietnam Football Federation;
+ Pilot license issued by a competent authority of Vietnam or by a competent agency of a foreign country and recognized by competent authority of Vietnam for foreign pilots or professional certificates permitted to work on airplane issued by the Ministry of Transportation for flight attendants;
+ Certificate of professional qualifications in the field of airplane maintenance industry, issued by an competent authority of Vietnam or issued by an competent agency of a foreign country and recognized by competent authority of Vietnam for foreign employees engaged in airplane maintenance industry;
+ Certificate of professional ability or a written confirmation of professional certificate issued by a competent authority of Vietnam to foreign seafarers;
+ Certificate of high achievement in the field of sports and certified by the Ministry of Culture, Sports and Tourism for sports coaches or having at least one of the qualifications such as: Certificate B in football coach issued by the Asian Football Confederation (AFC) or the Certificate level 1 in goalkeeper issued by the AFC or the Certificate level 1 in fitness coach issued by the AFC or the Certificate level 1 in Futsal coach issued by the AFC or any equivalent coaching qualification issued by a foreign agency recognized by the AFC;
+ Diplomas granted by competent agencies meet the requirements on qualifications and standard qualifications under the Law on Education, the Law on Higher Education, the Law on Vocational Education and the Regulation on organization and operation of foreign languages, informatics centers promulgated by the Minister of Education and Training.
- 02 color photos (4cm x 6cm, white background, frontal face, bare head, no colored glasses) that taken within 06 months from the date of application submission.
- Written approval of using foreign employees need, except for cases which do not require to determine the need of using foreign employees.
- Certified copy of valid passport as prescribed by law.
- Documents related to foreign employees:
+ For foreign employees specified at Point b, Clause 1, Article 2 of this Decree, there must be a document sent by the foreign enterprise to work at the commercial presence of such foreign enterprise in the Vietnamese territory and documents proving that they have been employed by such foreign enterprise for at least 12 consecutive months before being appointed to work in Vietnam;
+ For foreign employees specified at Point c, Clause 1, Article 2 of this Decree, there must be a contract or agreement signed between the Vietnamese partner and the foreign partner, including the agreements on sending foreign employees to work in Vietnam;
+ For foreign employees specified at Point d, Clause 1, Article 2 of this Decree, there must be a service supply contract signed between the Vietnamese partner and the foreign partner and a document proving that the foreign has worked for the foreign enterprise without a commercial presence in Vietnam for least 02 years;
+ For foreign employees specified at Point d, Clause 1, Article 2 of this Decree, there must be a document made by the service provider proving that foreign employees are appointed to Vietnam to negotiate service supply.
+ For foreign employees specified at Point e, Clause 1, Article 2 of this Decree, there must be a document made by the agency or organization proving that foreign employees are appointed to work for a foreign non-governmental organization or international organizations in Vietnam, except for the case specified at Point a, Clause 1, Article 2 of this Decree and the operation licenses of foreign non-governmental organizations and international organizations in Vietnam in accordance with law;
+ For foreign employees specified at Point i, Clause 1, Article 2 of this Decree, there must be a document made by the foreign enterprise, agency or organization proving that the foreign employees are appointed to work in Vietnam and suitable for the intended work position.
- Applications for a work permit for some special cases:
+ For foreign employees who have been granted a valid work permit and wish to work for another employer in the same job position and the same job title stated in the work permit; The application for a new work permit includes: the previous employer's confirmation that the employee is currently working, and the documents specified in Clauses 1, 5, 6, 7 and 8 of this Article and a certified copy of the issued work permit;
+ For foreign employees who have been granted a valid work permit but change their job position or job title or the form of work stated in the work permit as prescribed by law, but do not change the employer, The application for a new work permit includes specified in Clauses 1, 4, 5, 6, 7 and 8 of this Article and the Work permit or a certified copy of issued Work permit.
- Consular legalization and certification of documents:
The papers specified in Clauses 2, 3, 4, 6 and 8 of this Article are originals or certified copies, if such papers are issued abroad, they must be consularly legalized, except for cases of exemption from the consular legalization as regulated in the international treaties to which the Socialist Republic of Vietnam and relevant foreign country are signatories or in the principle of reciprocity or as prescribed by law; translated into Vietnamese and certified in accordance with Vietnamese law.
1.4. Time limit for settlement: Within 3 working days from the date of receipt of complete and valid applications
1.5. Entities carrying out administrative procedures: Foreign employers.
1.6. Agency carrying out administrative procedures:
- Competent authority to decide: Department of Labor - Invalids and Social Affairs
- Authority or person authorized or decentralized to perform (if any): Not available
- The agency directly handling administrative procedures: Department of Labor, Invalids and Social Affairs
- Coordinating agency to implement administrative procedures: Not available
1.7. Results of administrative procedures: Work permit for foreign employees working in Vietnam.
1.8. Fees and charges: 600,000 VND/ 01 work permit
1.9. Application form and declaration: A written request for a work permit for foreign employees (Form 11/PLI issued with Decree No. 152/2020/ND-CP).
1.10. Requirements and conditions for administrative procedures implementation: Foreign employees working in Vietnam must fully meet the following conditions:
- Having full civil act capacity as prescribed by law.
- Have good health suitable to job requirements.
- Foreign employee who is transferred intra-company means a manager, executive, expert or technical worker of a foreign company which has established a commercial presence in Vietnam’s territory, temporarily transferred within the company to the commercial presence in Vietnam’s territory and has been recruited by the foreign company at least 12 consecutive months prior to the transfer date.
- Volunteer means an unpaid foreign employee who voluntarily works in Vietnam to implement an international treaty to which the Socialist Republic of Vietnam is a signatory.
- Experts are foreign workers in one of the following cases:
+ Having a written certification of being an expert of a foreign agency, organization or enterprise;
+ Obtaining at least a bachelor’s degree or equivalent and at least 03 years’ experience in his/her training field in corresponding with the job position/job assignment that he/she will be appointed in Vietnam; special cases shall be considered and decided by the Prime Minister.
- The manager or CEO is a foreign employee in one of the following cases:
+ Manager means a person in charge of management of an enterprise as prescribed in clause 24 Article 4 of the Law on Enterprises or the head or deputy head of an agency or organization.
+ CEO is the person who heads and directly manages the units under agencies, organizations or enterprises.
- Technical employee means a person who has been trained in a technical or other major for at least 1 year and has worked for at least 3 years in the trained field.
- Foreign employees who practice medical examination and treatment, directly provide medical examination and treatment in Vietnam, or work in the field of education, training and vocational training must fully satisfy the conditions prescribed by Vietnamese law on medical examination, treatment, education, training and vocational training.
- Not being a criminal or being examined for penal liability in accordance with Vietnamese and foreign laws.
- Have the written approval of the competent state agency on the employment of foreign workers.
1.11. Legal basis:
- Labor Code 2019 (from Article 151 to Article 157).
- Decree No.152/2020/ND-CP dated December 30, 2020 of the Government on regulations on foreign workers working in Vietnam and recruiting and managing Vietnamese employees working for working for foreign organizations and individuals in Vietnam
- Resolution No.17/2021/NQ-HDND dated July 21, 2021 of the Provincial People's Council stipulating the fee rate, collection, payment and management of fees for issuance and re- issuance of work permits for foreigners working at enterprises, agencies and organizations operating in Quang Ngai province.
* Attachments:
. Re-issuance of work permits for foreign employees working in Vietnam
2.1. Order of execution
Step 1: The applicant submits application for a work permit re-issuance directly at Center for Service and Control of Administrative Procedures of Quang Ngai Province at 54 Hung Vuong street, Quang Ngai city, Quang Ngai province or by post.
- Submit the application online and pay fees online at: http://dichvucong.quangngai.gov.vn
Step 2: The civil servant receives and checks the legality and content of the application:
- If the application is valid, the civil servant shall write a receipt for the applicant and transfer the application to the Division of Labor, Employment and Vocational Education.
- If the application is not valid, the civil servant shall guide the applicant to complete the application.
Step 3: Department of Labor - Invalids and Social Affairs re-issues work permits to foreigners. In case of refusal to re-issue a work permit, the Department of Labor - Invalids and Social Affairs will give a letter stating the reason clearly.
Step 4: Delivering results at the Center for Service and Control of Administrative Procedures of Quang Ngai Province at 54 Hung Vuong street, Quang Ngai city, Quang Ngai province or by post.
- Submitting receipt.
- Receiving results.
- Time to receive and deliver results: From 07:00 to 11:30 in the mornings. And from 13:30 to 17:00 in the afternoon (except Saturday, Sunday, the National holidays and The Tet holidays)
After the foreign employee is re-issued a work permit, the employer and the foreign employee must sign a written labor contract in accordance with Vietnamese labor law before the expected working date.
Within 05 working days, from the date of signing the labor contract, the employer must send a copy of the signed labor contract to the Department of Labor, Invalids and Social Affairs where the work permit has been re-issued.
2.2. Method of implementation: Employers must submit an application for re-issuance of a work permit at:
- The Center for Service and Control of Administrative Procedures of Quang Ngai Province at 54 Hung Vuong street, Quang Ngai city, Quang Ngai province or by post;
- Submit the applications online and pay fees online at: http://dichvucong.quangngai.gov.vn
2.3. Components and number of the dossier:
a) Components of the dossier:
- A written request for re-issuance of a work permit according to (Form No. 11/PLI Decree No. 152/2020/ND-CP on December 30, 2020).
- 02 color pictures (4cm x 6cm, white background, frontal face, bareheaded and no colorful glasses) that are taken within 06 months ahead of the date of application;
+ In case the work permit is lost as prescribed in Clause 1, Article 12 of this Decree, it must be certified by the commune-level public security where the foreigner resides or competent authority of foreign rights as prescribed by law;
+ In case of a change of contents written on the work permit, there must be proof.
- Written approval of the need to employ foreign employees, except for cases where the need to employ foreign workers is not required.
- Papers specified in Clauses 3 and 4 of this Article are originals or certified copies, except for the cases specified in Clause 1, Article 12 of this Decree. If they are written by foreign language, they must be consular legalized and translated into Vietnamese language except for cases of exemption from consular legalization under international treaties to which the Socialist Republic of Vietnam and related foreign countries are contracting parties or on the principle of reciprocity or under the provisions of law.
2.4. Time limit for settlement: Within 02 working days from the date of receipt of complete and valid applications
2.5. Entities carrying out administrative procedures: Employers of foreign employees.
2.6. Agency carrying out administrative procedures:
- Competent authority to decide: Department of Labor - Invalids and Social Affairs
- Authority or person authorized or decentralized to perform (if any): Not available
- The agency directly handling administrative procedures: Department of Labor, Invalids and Social Affairs
- Coordinating agency to handle administrative procedures: Not available
2.7. Results of administrative procedures: Work permit is re-issued for foreign employees working in Vietnam.
2.8. Fees and charges: 450,000 VND/01 re-issued work permit
2.9. Application form and declaration:
A written request for re-issuance of a work permit (Form 11/PLI issued together with Decree No. 152/2020/ND-CP dated December 30, 2020).
2.10. Requirements and conditions for administrative procedures implementation: Foreign employees must fully meet the following conditions:
The work permit is lost, damaged, or the contents of the work permit are changed such as full name; date of birth; nationality; passport; Working place
2.11. Legal basis:
- Labor Code 2019 (from Article 151 to Article 157);
- Decree No. 152/2020/ND-CP on December 30, 2020 of the Government;
- Resolution No. 17/2021/NQ-HDND on July 21, 2021 of the Provincial People's Council stipulating the rate of collection, collection, payment and management of fees for Issuance, re-issuance of work permits for foreigners working at enterprises, agencies and organizations operating in Quang Ngai province.
* Attachments:
. Extension of work permits for foreign employees working in Vietnam
3.1. Order of execution
Step1:
The applicant submits the application for a work permit extension online via the Provincial Public Service Portal at: dichvucong.quangngai.gov.vn or directly at Center for Service and Control of Administrative Procedures of Quang Ngai Province at 54 Hung Vuong street, Quang Ngai city, Quang Ngai province.
Step2: The civil servant receives and checks the legality and content of the application:
- If the application is valid, the civil servant will write a receipt for the applicant and transfer the application to the Division of Labor, Employment and Vocational Education.
- If the application is not valid, the civil servant will guide the applicant to complete the application.
Step 3: The Department of Labor, Invalids and Social Affairs will extend the work permit. In case the work permit is not extended, the Department of Labor - Invalids and Social Affairs will give a letter stating the reason clearly.
Step 4: Delivering results at the Center for Service and Control of Administrative Procedures of Quang Ngai Province at 54 Hung Vuong street, Quang Ngai city, Quang Ngai province or by post.
- Submitting receipt.
- Receiving results
- Time to receive and deliver results: From 07:00 to 11:30 in the mornings. And from 13:30 to 17:00 in the afternoon (except Saturday, Sunday, the National holidays and The Tet holidays)
After the foreign employee is extended work permit, the employer and the foreign employees must sign a written labor contract in accordance with Vietnamese labor law before the expected working date.
Within 05 working days, from the date of signing the labor contract, the employer must send a copy of the signed labor contract to the Department of Labor, Invalids and Social Affairs where the work permit has been extended.
3.2. Method of implementation: Employers must submit an application for Extension of work permit at:
- The Center for Service and Control of Administrative Procedures of Quang Ngai Province at 54 Hung Vuong street, Quang Ngai city, Quang Ngai province or by post.
- Submit the applications online and pay fees online at: http://dichvucong.quangngai.gov.vn
3.3. Components and number of the dossier:
a) Components of the dossier:
- A written request for extension of work permit according to (Form No. 11/PLI Decree No. 152/2020/ND-CP on December 30, 2020);
- 02 color pictures (4cm x 6cm, white background, frontal face, bareheaded and no colorful glasses) that are taken within 06 months ahead of the date of application;
- The valid granted work permit;
- Written approval of the need to employ foreign employees, except for cases where the need to employ foreign workers is not required.
- A certified true copy of the valid passport as prescribed by law;
- A Health Certificate or Health Check Certificate issued by the foreign or Vietnamese authorized health organizations or agencies is take effect within 12 months from the date of signing the health conclusion to the date of submitting the applications or Health Certificate as prescribed by the Minister of Health;
- One of the documents proving that the foreign worker continues to work for the employer according to the content of the issued work permit, including:
+ For foreign employees moving within an enterprise, there must be a document of the foreign enterprise sending to work at the commercial presence of that foreign enterprise in the Vietnamese territory and documents proving that the foreign employees have been recruited by that foreign enterprise before working in Vietnam for at least 12 consecutive months.
+ For foreign employees who have signed various types of contracts or agreements on economics, commerce, finance, banking, insurance, science and technology, culture, sports, education and vocational education In the case of industry and healthcare, there must be a contract or agreement signed between the Vietnamese side and the foreign side, in which there must be an agreement on the foreign employees working in Vietnam.
+ For foreign employees who are service providers under a contract, there must be a service provision contract signed between the Vietnamese side and the foreign side and a document proving that the foreign employee has worked for a foreign enterprise without a commercial presence in Vietnam for at least 02 years.
+ For foreign employees offering services for sale, there must be a document from the service provider sending foreign employees into Vietnam to negotiate service provision.
+ For foreign employees working for foreign non-governmental organizations (NGOs) or international organizations in Vietnam that are permitted to operate under Vietnamese law, there must be a document documents of agencies or organizations sending foreign employees to work for foreign NGOs or international organizations in Vietnam except for the case of working under labor contracts and operating permits of foreign NGOs, international organizations in Vietnam in accordance with the law.
+ For foreign employees who are managers, CEO, experts or technical workers, there must be a document of the foreign enterprise, agency or organization sending the foreign employees to work in Vietnam and suitable for intended working position.
- Written approval of the need to employ foreign employees, except for cases where the need to employ foreign workers is not required.
- The papers specified at Points 3, 4, 6 and 7 as mentioned above are originals or certified copies. If the above mentioned documents, they must be consularly legalized, except for cases of exemption from the consular legalization as regulated in the international treaties to which the Socialist Republic of Vietnam and relevant foreign country are signatories or in the principle of reciprocity or as prescribed by law; translated into Vietnamese and certified in accordance with Vietnamese law.
3.4. Time limit for settlement: Within 05 working days from the date of receipt of complete and valid applications
3.5. Entities carrying out administrative procedures: Employers of foreign employees
3.6. Agencies carrying out administrative procedures:
- Competent authority to decide: Department of Labor - Invalids and Social Affairs
- Authority or person authorized or decentralized to perform (if any): Not available
- The agency directly handling administrative procedures: Department of Labor, Invalids and Social Affairs
- Coordinating agency to handle administrative procedures: Nil
3.7. Results of administrative procedures: Work permit is extended for foreign employees.
3.8. Fees and charges: 450,000 VND/01 extension of work permit
3.9. Application form and declaration:
A written request for extension of a work permit (Form 11/PLI issued together with Decree No. 152/2020/ND-CP on December 30, 2020).
3.10. Requirements and conditions for administrative procedures implementation: Foreign employees must fully meet the following conditions
- The work permit is valid for at least 5 days but not more than 45 days.
- Get approval from the competent authority for the need to employ foreign employees.
- Documents proving that the foreign employee continues to work for the employer according to the contents of the issued work permit.
3.11. Legal basis:
- Labor Code 2019 (from Article 151 to Article 157);
- Decree No. 152/2020/ND-CP on December 30, 2020 of the Government;
- Resolution No. 17/2021/NQ-HDND on July 21, 2021 of the Provincial People's Council stipulating the rate of collection, collection, payment and management of fees for Issuance, re-issuance of work permits for foreigners working at enterprises, agencies and organizations operating in Quang Ngai province.
* Attachments:
. Certifying foreign employees who are not granted work permits
4.1. Order of execution
Step1: The employer sends the application for confirmation that the foreign employees who are exempted from work permits to:
- Center for Service and Control of Administrative Procedures of Quang Ngai Province at 54 Hung Vuong street, Quang Ngai city or by post
- Submitting the application that the foreign employees who are exempted from work permits via the Provincial Public Service Portal at: dichvucong.quangngai.gov.vn.
Step 2: The civil servant receives and checks the legality and content of the application:
- If the application is valid, the civil servant shall write a receipt for the applicant and transfer the application to the Division of Labor, Employment and Vocational Education.
- If the application is not valid, the civil servant shall guide the applicant to complete the application.
Step 3: The Department of Labor, Invalids and Social Affairs shall confirm that the foreign employees who are exempted from work permits according to Form No. 10/PLI Decree 152/2020/ND-CP, the Department of Labor - Invalids and Social Affairs will give a letter stating the reason clearly.
Step 4: Delivering results at the Center for Service and Control of Administrative Procedures of Quang Ngai Province at 54 Hung Vuong street, Quang Ngai city, Quang Ngai province or by post.
- Submitting receipt.
- Receiving results
- Time to receive and deliver results: From 07:00 to 11:30 in the mornings. And from 13:30 to 17:00 in the afternoon (except Saturday, Sunday, the National holidays and The Tet holidays)
4.2. Method of implementation:
- Submit the application directly to the Center for Service and Control of Administrative Procedures of Quang Ngai Province at 54 Hung Vuong street, Quang Ngai city, Quang Ngai province or by post.
- Submit the application online at: http://dichvucong.quangngai.gov.vn
4.3. Components and number of the dossier:
a) Components of the dossier:
- A written request for confirmation that the foreign employees who are exempted from work permits according to Form No. 09/PLI, Appendix I Attached to this Decree;
- Health certificate as prescribed in Clause 2, Article 9 of this Decree;
- Written approval of the need to employ foreign employees, except for cases where the need to employ foreign workers is not required.
- A certified true copy of the valid passport as prescribed by law;
- Documents to prove that the foreign employees who are exempted from work permits;
- Documents specified at points b, c and d of this clause are originals or certified copies. If such papers are issued abroad, they must be consular legalized, translated into Vietnamese and certified, except for cases of exemption from the consular legalization as regulated in the international treaties to which the Socialist Republic of Vietnam and relevant foreign country are signatories or in the principle of reciprocity or as prescribed by law.
- Within 02 working days from the date of receiving a complete application for confirmation that the foreign employees who are exempted from work permits, the Ministry of Labor, Invalids and Social Affairs or the Department of Labor, Invalids and Social Affairs shall issue a written to confirm that the foreign employees who are exempted from work permits according to Form No. 10/PLI, Appendix I attached this Decree. In case of non-confirmation, there is a written reply clearly stating the reason.
b) Number of application: 01 set.
4.4. Time limit for settlement: Within 02 working days from the date of reveiving complete and valid applications
4.5. Entities carrying out administrative procedures: Employers of foreign employees
4.6. Agencies carrying out administrative procedures:
- Competent authority: Department of Labor - Invalids and Social Affairs
- Authority or person authorized or decentralized to perform (if any): Not available
- The agency directly handling administrative procedures: Department of Labor, Invalids and Social Affairs
- Coordinating agency to implement administrative procedures: Not available
4.7. Results of administrative procedures: A document to confirm that the foreign employees who are exempted from work permits.
4.8. Fee and charges: None
4.9. Application form and declaration: Written request for confirmation that foreign employees who are exempted from work permits (Form No. 09/PLI, Appendix I attached to the Decree No. 152/2020/ND-CP).
4.10. Requirements and conditions for administrative procedures implementation: Foreign employees who meet one of the following conditions are exempted from work permits
- Being a capital contributing member or owner of a limited company.
- Being a member of the Management Board of a joint-stock company.
- Head of representative offices and projects of international organizations and NGOs in Vietnam.
- Coming to Vietnam with a term of less than 3 months to offering services for sale
- Coming to Vietnam with a term of less than 3 months to handle arisen complicated technical and technological problems that affect or threaten to affect production and business that cannot be handled by Vietnamese and foreign experts in Vietnam.
- Being foreign lawyer who has been granted a license to practice law in Vietnam in accordance with the Law on Lawyers.
- According to the provisions of international treaties to which the Socialist Republic of Vietnam is a signatory.
- Being a student studying in Vietnam, working in Vietnam, but the employer must notify the provincial labor authority 07 days in advance.
- Moving within enterprises within 11 service industries in Vietnam's service commitment schedule with the World Trade Organization, including: business; information; construction; distribution; education; environment; finance; medical; travel; entertainment culture and transport.
- Entering Vietnam to provide professional and technical consulting services or perform other tasks for research, development, appraisal, monitoring and evaluation, program management and implementation, projects using official development assistance (ODA) according to regulations or agreements in international treaties on ODA signed between competent authorities of Vietnam and foreign countries.
- To be granted a Permit Press Activities in Vietnam by the Ministry of Foreign Affairs according to the provisions of law;
- Teachers of foreign agencies and organizations who are sent to Vietnam by competent agencies of that country to teach at international schools under the management of foreign diplomatic missions or international organizations in Vietnam
- Volunteers;
- Persons with master's degree or higher or equivalent shall conduct consultancy, teaching and scientific research at higher education institutions, college-level vocational training institutions for a period not exceeding 30 days;
- Foreign employees entering Vietnam to comply with international agreements signed by central state agencies, provincial agencies and central socio-political organizations according to the provisions of law;
- Other cases decided by the Prime Minister at the request of central state agencies.
4.11. Legal basis:
- Labor Code 2019 (from Article 151 to Article 157);
- Decree No.152/2020/ND-CP dated December 30, 2020 of the Government on regulations on foreign workers working in Vietnam and recruiting and managing Vietnamese employees working for working for foreign organizations and individuals in Vietnam.
* Attachments:
Procedures applying for permission and organizing international conferences and seminars under the authority of the Prime Minister
1. Order of execution:
Step 1: The organizing unit shall submit an application for permission and organizing international conference and seminar at the dossier - receiving and result - delivering section of the Department of Foreign Affairs in the Centre of Public Services - Administrative Procedure Control of Quang Ngai Province. The submission deadline is at least 40 days before the tentative organizing date.
Step 2: After receiving the eligible application, the Department of Foreign Affairs shall appraise and submit advisory for the Chairman of the Provincial People's Committee to send enquiry forms to the Ministry of Foreign Affairs, the Ministry of Public Security, the relevant agencies and local authorities. The Department of Foreign Affairs shall classify responses and submit to the Chairman of Provincial People's Committee after receiving complete written responses from the Ministry of Foreign Affairs, the Ministry of Public Security, the relevant agencies and local authorities.
The enquired agencies and local authorities shall send written responses within 15 days from the date on which the enquiry form is received;
Step 3: After receiving the advisory from Department of Foreign Affairs, the chairman of Quang Ngai Provincial People's Committee shall submit the application to the Prime Minister for approval.
Step 4: After obtaining permission from the Prime Minister, the chairman of Provincial People's Committee shall conduct the Department of Foreign Affairs for advising the written document responding to the organizing unit, as well as the Ministry of Foreign Affairs, the Ministry of Public Security, relevant agencies and local authorities.
2. Method of implementation: Submitting the application directly or via postal systems or via online public services at https://motcua.quangngai.gov.vn.
3. Recipient location: The Centre of Public Services – Administrative Procedure Control of Quang Ngai Province, Address: 54 Hung Vuong, Nguyen Nghiem Ward, Quang Ngai City
4. Components of the dossier:
(1) An application form;
(2) An organization plan, which is made using the Form No.01 hereof according to the Decision No. 06/2020/QD-TTg on February 21st 2020 of the Prime Minister on organization and management of international conferences and seminars in Vietnam;
(3) Written opinions of concerned agencies if required by other regulations of law;
(4) A written consent on the guideline for organizing the international conference or seminar (if any).
5. Number of application: One (01) set.
6. Time limit for settlement:
- The total time of resolving and submitting documents for the Prime Minister of the relevant agencies and authorities of Quang Ngai province and the enquired agencies: Within 16 working days, of which:
+ The Ministry of Foreign Affairs, the Ministry of Public Security, the enquired agencies and local authorities: Within 15 days (11 working days);
+ The Provincial People's Committee: 02 working days;
+ The Department of Foreign Affairs: 03 working day
- After obtaining permission from the Prime Minister, sending written responses to the organizing unit within 7 working days:
+ The Provincial People's Committee: 04 working days
+ The Department of Foreign Affairs: 03 working days
7. Entities carrying out administrative procedures: The Vietnamese and foreign organizations
8. Agency carrying out administrative procedures:
- Advisory agency: The Quang Ngai Department of Foreign Affairs
- Competent agencies requesting the Prime Minister to permit the organization of international conference and seminar: The Quang Ngai Provincial People’s Committee
- Competent agencies for approval: The Prime Minister
9. Results of administrative procedures: Send written responses to the organizer regarding to organizing international conferences and seminars.
10. Fees and charges: None
11. Name of form and declaration form: An organization plan, which is made using the Form No. 01 hereof according to the Decision No. 06/2020/QD-TTg on February 21st 2020 of the Prime Minister on organization and management of international conferences and seminars in Vietnam.
12. Requirements and conditions for administrative procedures: International conferences and seminars under permission of the Prime Minister mentioned at the Article 3.1, Decision No. 06/2020/QD-TTg on February 21st 2020 of the Prime Minister on organization and management of international conferences and seminars in Vietnam, including:
+ The international conferences and seminars to be attended by heads or ministerial officials or the equivalent of higher of other countries, territories or international organizations.
+ The international conferences and seminars whose topics and contents are related to national sovereignty, security, national defense, ethnic groups, religion, human rights or classified as state secrets in accordance with the law on protection of state secrets.
13. Legal basis
- The Decision No. 06/2020/QD-TTg dated 21st February 2020 of the Prime Minister on organization and management of international conferences and seminars in Vietnam;
- The Official Dispatch No.825/BNG-CNV dated 03 October 2020 of the Ministry of Foreign Affairs on correcting the Decision 06/2020/QĐ-TTg dated 21st February 2020 of the Prime Minister;
- The Decision No. 729/QĐ-BNG dated 04 October 2020 of the Ministry of Foreign Affairs on declaring administrative procedures organization and management of international conferences and seminars in Vietnam;
- The Decision No.541/QĐ-UBND dated 04 September 2021 of the Quang Ngai Provincial People’s Committee on authorizing the director of Department of Foreign Affairs to permit international conferences and seminars organization in Quang Ngai province.
* Attachments:
Applying for permission and organizing international conferences and seminars not under the authority of the Prime Minister
1. Order of execution:
Step 1: The organizing unit shall submit an application for permission and organizing international conferences and seminars at the dossier - receiving and result - delivering section of the Department of Foreign Affairs in the Centre of Public Services - Administrative Procedure Control of Quang Ngai Province. The submission deadline is at least 20 days before the tentative hosting date.
Step 2: After receiving the eligible application, the Department of Foreign Affairs shall appraise and send enquiry to relevant agencies and local authorities.
The enquired agencies and local authorities shall send written responses within 05 working days from the date on which the enquiry form is received.
Step 3: After receiving written responses from the enquired agencies and local authorities, the Department of Foreign Affairs shall collect opinions of concerned agencies and perform the following cases:
- Case 1: If the international conference and seminar is under the deciding competence of the chairman of the Provincial People’s Committee, the Department of Foreign Affairs shall advise and submit the application to the chairman of Provincial People's Committee for approval; and send written responses to the organizing unit, relevant agencies and local authorities.
- Case 1: If the international conference and seminar is under the authority of the director of the Department of Foreign Affairs, the director of the Department of Foreign Affairs shall consider, decide and send the written responses to the organizing unit, relevant agencies and local authorities.
2. Processing method: Submitting the application directly or via postal systems or via online public services at https://motcua.quangngai.gov.vn.
3. Recipient location: The Centre of Public Services – Administrative Procedure Control of Quang Ngai Province, Address: 54 Hung Vuong, Nguyen Nghiem Ward, Quang Ngai City
4. Components of the dossier:
(1) An application form;
(2) An organization plan, which is made using the Form No.01 hereof according to the Decision No. 06/2020/QD-TTg on February 21st 2020 of the Prime Minister on organization and management of international conferences and seminars in Vietnam;
(3) Written opinions of concerned agencies if required by other regulations of law;
(4) A written consent on the guideline for organizing the international conference or seminar (if any).
5. Number of application: One (01) set.
6. Time limit for settlement: Within 10 working days, of which:
+ The Provincial People's Committee: 02 working days;
+ The Department of Foreign Affairs: 03 working day;
+ The enquired agencies and local authorities: 05 working days.
7. The entities carrying out administrative procedure: The Vietnamese and foreign organizations
8. Agencies carrying out administrative procedure:
- Advisory agency: The Quang Ngai Department of Foreign Affairs.
- Competent agencies for approval: The chairman of the Provincial People’s Committee, the Department of Foreign Affairs.
9. Results of administrative procedures: Send written responses to the organizer regarding to organizing international conference and seminar.
10. Fees and charges: None
11. Application form and declaration: An organization plan, which is made using the Form No. 01 hereof according to the Decision No. 06/2020/QD-TTg on February 21st 2020 of the Prime Minister on organization and management of international conferences and seminars in Vietnam.
12. Requirements and conditions for administrative procedures: International conferences and seminars are not under the authority of the Prime Minister mentioned at the Article 3.1, Decision No. 06/2020/QD-TTg on February 21st 2020 of the Prime Minister on organization and management of international conferences and seminars in Vietnam, including:
+ The international conferences and seminars to be attended by heads or ministerial officials or the equivalent of higher of other countries, territories or international organizations.
+ The international conferences and seminars whose topics and contents are related to national sovereignty, security, national defense, ethnic groups, religion, human rights or classified as state secrets in accordance with the law on protection of state secrets.
13. Legal basis
- The Decision No. 06/2020/QD-TTg dated 21st February 2020 of the Prime Minister on organization and management of international conferences and seminars in Vietnam;
- The Official Dispatch No.825/BNG-CNV dated 03 October 2020 of the Ministry of Foreign Affairs on correcting the Decision 06/2020/QĐ-TTg dated 21st February 2020 of the Prime Minister;
- The Decision No. 729/QĐ-BNG dated 04 October 2020 of the Ministry of Foreign Affairs on declaring administrative procedures organization and management of international conferences and seminars in Vietnam;
- The Decision No.541/QĐ-UBND dated 04 September 2021 of the Quang Ngai Provincial People’s Committee on authorizing the director of Department of Foreign Affairs to permit international conferences and seminars organization in Quang Ngai province.
* Attachments:
Applying for permission and organizing international conferences and seminars under the authority of the Prime Minister
1. Order of execution:
Step 1: The organizing unit shall apply for permission and organizing international conference and seminar at the dossier - receiving and result - delivering section of the Department of Foreign Affairs in the Centre of Public Services - Administrative Procedure Control of Quang Ngai Province.
Step 2: After receiving the eligible application, the Department of Foreign Affairs shall appraise the documents and submit advisory for the Chairman of the Provincial People's Committee to send enquiry forms to the Ministry of Foreign Affairs, the Ministry of Public Security, the relevant agencies and local authorities. The Department of Foreign Affairs shall classify opinions and submit the application to the Chairman of Provincial People's Committee after receiving written responses from the Ministry of Foreign Affairs, the Ministry of Public Security, the relevant agencies and local authorities.
The enquired agencies and local authorities shall send written responses within 15 working days from the date on which the enquiry form is received;
Step 3: After receiving the advisory documents from Department of Foreign Affairs, the chairman of Quang Ngai Provincial People's Committee shall submit the application to the Prime Minister for approval.
Step 4: After obtaining permission from the Prime Minister, the Provincial People's Committee shall send written document responding to the organizing unit, as well as the Ministry of Foreign Affairs, the Ministry of Public Security, relevant agencies and local authorities.
2. Processing method: Submitting the application directly or via postal systems or via online public services at https://motcua.quangngai.gov.vn.
3. Recipient location: The Centre of Public Services – Administrative Procedure Control of Quang Ngai Province, Address: 54 Hung Vuong, Nguyen Nghiem Ward, Quang Ngai City
4. Components of the dossier:
The written request clearly states the reasons, purposes, topics, expected participants and funding sources.
5. Number of application: One (01) set.
6. Time limit for settlement:
- The total time of resolving and submitting documents for the Prime Minister of the relevant agencies and authorities of Quang Ngai province and the enquired agencies: Within 16 working days, of which:
+ The Ministry of Foreign Affairs, the Ministry of Public Security, the enquired agencies and local authorities: Within 15 days (11 working days);
+ The Provincial People's Committee: 02 working days;
+ The Department of Foreign Affairs: 03 working day
- After obtaining permission from the Prime Minister, sending written responses to the organizing unit within 07 working days:
+ The Provincial People's Committee: 04 working days
+ The Department of Foreign Affairs: 03 working days
7. Entities carrying out administrative procedure: The Vietnamese organizations and foreign organizations
8. Agencies carrying out administrative procedure:
- Advisory agency: The Quang Ngai Department of Foreign Affairs
- Competent agency requesting the Prime Minister for approval: The Quang Ngai Provincial People’s Committee
- Competent agency for approval: The Prime Minister
9. Results of administrative procedures: Send written responses to the organizer regarding to organizing international conference and seminar.
10. Fees and charges: None
11. Application form and declaration: None
12. Requirements and conditions for administrative procedures: International conferences and seminars under permission of the Prime Minister mentioned at the Article 3.1, Decision No. 06/2020/QD-TTg on February 21st 2020 of the Prime Minister on organization and management of international conferences and seminars in Vietnam, including:
+ The international conferences and seminars to be attended by heads or ministerial officials or the equivalent of higher of other countries, territories or international organizations.
+ The international conferences and seminars whose topics and contents are related to national sovereignty, security, national defense, ethnic groups, religion, human rights or classified as state secrets in accordance with the law on protection of state secrets.
13. Legal basis
- The Decision No. 06/2020/QD-TTg dated 21st February 2020 of the Prime Minister on organization and management of international conferences and seminars in Vietnam;
- The Official Dispatch No.825/BNG-CNV dated 03 October 2020 of the Ministry of Foreign Affairs on correcting the Decision 06/2020/QĐ-TTg dated 21st February 2020 of the Prime Minister;
- The Decision No. 729/QĐ-BNG dated 04 October 2020 of the Ministry of Foreign Affairs on declaring administrative procedures organization and management of international conferences and seminars in Vietnam;
- The Decision No.23/2016/QĐ-UBND dated 23 May 2016 of the Quang Ngai Provincial People’s Committee promulgating regulations on functions, tasks, powers and organizational structure of the Department of Foreign Affairs of Quang Ngai province;
- The Decision No.541/QĐ-UBND dated 04 September 2021 of the Quang Ngai Provincial People’s Committee on authorizing the director of Department of Foreign Affairs to permit to organize international conferences and seminars in Quang Ngai province.
* Note:
- The application for permission and organizing international conferences and seminars depends on the needs of the organizer unit, not a mandatory process that needs to be done before applying for permission to organize international conferences and seminars.
- After receiving permission on the guideline for organizing international conferences and seminars, the organizing unit is responsible for developing an organization plan and applying for permission from the competent person on the organization of the international conference or seminar international regulations.
Applying for permission and organizing international conferences and seminars not under the authority of the Prime Minister
1. Order of execution:
Step 1: The organizing unit shall apply permission and organizing international conferences and seminars at the dossier - receiving and result - delivering section of the Department of Foreign Affairs in the Centre of Public Services - Administrative Procedure Control of Quang Ngai Province.
Step 2: After receiving the eligible application, the Department of Foreign Affairs shall appraise the documents and send enquiry forms to relevant agencies and local authorities.
The enquired agencies and local authorities shall send written responses within 05 working days from the date on which the enquiry form is received;
Step 3: After receiving written responses from enquired agencies and local authorities, the Department of Foreign Affairs shall summarize opinions of concerned agencies and perform the following cases:
- Case 1: If the international conference and seminar is under the authority of the chairman of the Provincial People’s Committee, the Department of Foreign Affairs shall advise and submit the application to the chairman of Provincial People's Committee for approval for the guideline; and send written responses to the organizing unit, relevant agencies and local authorities.
- Case 2: If the international conference and seminar is under the authority of the director of Department of Foreign Affairs, the director of the Department of Foreign Affairs shall consider for approval for the guideline and send the written responses to the organizing unit as well as the relevant agencies and local authorities.
2. Method of implementation: Submitting the application directly or via postal systems or via online public services at https://motcua.quangngai.gov.vn.
3. Recipient location: The Centre of Public Services – Administrative Procedure Control of Quang Ngai Province, Address: 54 Hung Vuong, Nguyen Nghiem Ward, Quang Ngai City
4. Components of the dossier: The written request clearly states the reasons, purposes, topics, expected participants and funding sources.
5. Number of application: One (01) set.
6. Time limit for settlement: Within 10 working days, of which:
+ The Provincial People's Committee: 02 working days;
+ The Department of Foreign Affairs: 03 working day;
+ The enquired agencies and local authorities: 05 working days
7. Entities carrying out administrative procedure: The Vietnamese and foreign organizations
8. Agencies carrying out administrative procedure:
- Advisory agency: The Quang Ngai Department of Foreign Affairs
- Competent agency for approval: The Quang Ngai Provincial People’s Committee, the Department of Foreign Affairs.
9. Results of administrative procedures: Send written responses to the organizer regarding to organizing international conferences and seminars.
10. Fees and charges: None
11. Application form and declaration: None
12. Requirements and conditions for administrative procedures: International conferences and seminars are not under the authority of the Prime Minister mentioned at the Article 3.1, Decision No. 06/2020/QD-TTg on February 21st 2020 of the Prime Minister on organization and management of international conferences and seminars in Vietnam, including:
+ The international conferences and seminars to be attended by heads or ministerial officials or the equivalent of higher of other countries, territories or international organizations.
+ The international conferences and seminars whose topics and contents are related to national sovereignty, security, national defense, ethnic groups, religion, human rights or classified as state secrets in accordance with the law on protection of state secrets.
13. Legal basis
- The Decision No. 06/2020/QD-TTg dated 21 February 2020 of the Prime Minister on organization and management of international conferences and seminars in Vietnam;
- The Official Dispatch No.825/BNG-CNV dated 03 October 2020 of the Ministry of Foreign Affairs on correcting the Decision 06/2020/QĐ-TTg dated 21st February 2020 of the Prime Minister;
- The Decision No. 729/QĐ-BNG dated 04 October 2020 of the Ministry of Foreign Affairs on declaring administrative procedures organization and management of international conferences and seminars in Vietnam;
- The Decision No.541/QĐ-UBND dated 04 September 2021 of the Quang Ngai Provincial People’s Committee on authorizing the director of Department of Foreign Affairs to permit to host international conferences and seminars in Quang Ngai province.
* Note:
- The application for permission and organizing international conferences and seminars depends on the needs of the organizing unit, not a mandatory process that needs to be done before applying for permission to organize international conferences and seminars.
- After receiving permission on the guideline for organizing international conferences and seminars, the organizing unit is responsible for developing an organization plan and applying for permission from the competent person on the organization of the international conference or seminar international regulations.
. Procedures for registration of operations of foreign law branches or firms
Order of execution:
Within 60 days after being granted establishment license, a foreign law branch or firm shall register its operations at the Department of Justice of the locality where its head office is located.
Within 10 working days after receiving a complete and valid dossier, the Department of Justice shall grant an operation registration certificate to the foreign law branch or firm.
Method of implementation: The dossier can be submitted in person or sent by postal services to the Department of Justice.
Dossier components:
- A copy of the establishment license of foreign law branch or firm;
- Proof of head office address.
Quantity of dossier: 01 set.
Time limit for settlement: Within ten working days from the date of receiving the complete and valid dossier, the Department of Justice will grant an operation registration certificate to the foreign law branch or firm.
Entities carrying out the administrative procedure: Organizations.
Agency carrying out the administrative procedure: Department of Justice.
Results of the administrative procedure: Operation registration certificate of the foreign law branch or firm in Vietnam.
Fees and charges: 2,000,000 VND/dossier.
Application and declaration forms: Nil
Requirements and conditions for the administrative procedure: Nil
Legal basis for the administrative procedure:
- Law on Lawyers No. 65/2006/QH11 dated June 29, 2006; Law on amending and supplementing a number of articles of Law on Lawyers No. 20/2012/QH13 dated November 20, 2012.
- Circular No. 220/2016/TT-BTC dated November 10, 2016 by the Minister of Finance providing guidance on the rate, collection, submission, administration and use of the charges and fees for the practice of law.
Procedures for change of contents of operation registration certificates of foreign law branches or firms
Order of execution:
Within 30 days from the date of receipt of written approval of changing in contents of the establishment license, a foreign law branch or firm shall register such changes at the provincial-level Department of Justice of the locality where its head office is located.
Within five working days from the date of receiving a complete and valid dossier, the Department of Justice shall register the changed contents of the operation registration certificate by re-granting a new operation registration certificate to the foreign law branch or firm.
Method of implementation: The dossier can be submitted in person or sent by postal services to the Department of Justice.
Dossier components:
- An application for changing the operation registration certificate of foreign law branch or firm;
- A copy of the establishment license of foreign law branch or firm;
- Written approval for changes in contents of establishment license from the Ministry of Justice.
Quantity of dossier: 01 set.
Time limit for settlement:
Within 05 working days from the date of receiving the complete and valid dossier, the Department of Justice shall change contents of operation registration certificate by re-granting a new operation registration certificate to foreign law branch or firm.
Entities carrying out the administrative procedure: Organizations.
Agency carrying out the administrative procedure: Department of Justice.
Results of the administrative procedure: Operation registration certificate of a foreign law branch or firm in Vietnam (changed contents)
Fees and charges: 1,000,000 VND/dossier.
Application and declaration forms: Nil
Requirements and conditions for the administrative procedure: None.
Legal bases for the administrative procedure:
Law on Lawyers No. 65/2006/QH11 dated June 29, 2006; Law amending and supplementing a number of articles of Law on Lawyers No. 20/2012/QH13 dated November 20, 2012.
Decree No. 123/2013/ND-CP dated 14 October 2013 by the Government detailing a number of articles and measures for enforcement of the Law on Lawyers;
Circular No. 220/2016/TT-BTC dated November 10, 2016 of the Minister of Finance stipulating the rate, collection, payment and management of fees and charges in the field of lawyer activities.
. Procedures for registration of operation of Vietnamese law firms transformed from foreign law firms
Order of execution:
Within 15 days after obtaining the written approval of the Ministry of Justice, the Vietnamese law firm shall carry out procedures for registering the transformation at the Department of Justice of the province or central city where the foreign law firm register for operation.
Method of implementation: The dossier can be submitted in person or sent by postal services to the Department of Justice.
Dossier components:
- An application for transformation;
- Written approval of the Ministry of Justice;
- Draft charter of the Vietnamese law firm.
Quantity of dossier: 01 set.
Time limit for settlement:
07 working days from the date of receipt of a complete and valid dossier.
Entities carrying out the administrative procedure: Foreign law firms to be transformed.
Agency carrying out the administrative procedure: Department of Justice.
Results of the administrative procedure: Operation registration certificate of the transformed Vietnamese law firm.
Fees and charges: 50,000 VND.
Application and declaration forms: None
Requirements and conditions for the administrative procedure:
Names of Vietnamese law firms shall comply with Clause 5, Article 34 of the Law on Lawyers and must not match with names of transformed foreign law firms.
Legal bases for the administrative procedure:
- Decree No. 123/2013/ND-CP dated 14 October 2013 by the Government detailing a number of articles of and measures for implementation of the Law on Lawyers;
- Circular No. 220/2016/TT-BTC dated November 10, 2016 of the Minister of Finance stipulating the rate, collection, payment and management of fees and charges in the field of lawyer activities.
- Circular No. 47/2019/TT-BTC dated August 5, 2019 by the Minister of Finance stipulating on amounts, collection, payment, management, and use of fees for providing information about enterprises, charges for business registration.
. Procedures for registration of operation of branches of foreign law firms in Vietnam
Order of execution:
A foreign law firm shall submit an application for registration of operation for its branch at the Department of Justice of province/city where its branch is located.
Method of implementation: The dossier can be submitted in person or sent by postal services to the Department of Justice.
Dossier components:
- An application for registration of operation of a branch of a foreign law firm.
- A copy of the establishment license of the branch of the foreign law firm in Vietnam;
- Papers proving the head office of the branch of the foreign law firm in Vietnam.
Quantity of dossiers: 01 set.
Time limit for settlement: Within 07 working days from the date of receipt of a complete and valid dossier.
Entities carrying out the administrative procedure: Foreign law firms in Vietnam
Agency carrying out the administrative procedure: Department of Justice.
Results of the administrative procedure: Operation registration certificate for a branch of a foreign law firm in Vietnam.
Fees and charges: 600,000 VND/dossier
Application and declaration forms: Form TP-LS-17 issued together with Circular No. 02/2015/TT-BTP dated January 16, 2015 by the Ministry of Justice on forms related to lawyers and law practice.
Requirements and conditions for the procedure: Nil
Legal basis for the administrative procedure:
- Decree No. 123/2013/ND-CP dated 14 October 2013 by the Government detailing a number of articles and measures for implementation of the Law on Lawyers;
- Circular No. 02/2015/TT-BTP dated January 16, 2015 by the Ministry of Justice on forms related to lawyers and law practice.
- Circular No. 220/2016/TT-BTC dated November 10, 2016 of the Minister of Finance stipulating the rate, collection, payment and management of fees and charges in the field of lawyer activities.
* Attachments:
Procedures for re-issue of operation registration certificates of foreign law branches or firms in Vietnam
Order of execution:
- In case the operation registration certificate of a foreign law branch or firm is lost, torn, burned or other reasons unintentionally, such foreign law branch or firm shall submit an application for re-granting the operation registration certificate to the Department of Justice where its head office is located.
- Within ten working days from the date of receipt of a complete and valid dossiers, the Department of Justice shall re-grant the operation registration certificate to the foreign law branch or firm.
Method of implementation: The dossier can be submitted in person or sent by postal services to the Department of Justice.
Dossier components:
- An application for re-granting the operation registration certificate of the foreign law branch or firm, clearly stating the reason and number of the operation registration certificate;
- Documents as prescribed in Article 79 of the Law on Lawyers.
Quantity of dossiers: 01 set.
Time limit for settlement: Within ten working days from the date of receipt of a complete and valid dossier.
Agency carrying out the administrative procedure: Department of Justice.
Entities carrying out the administrative procedure: Organizations.
Application and declaration forms: Nil
Fees and charges: 2,000,000 VND/dossier.
Results of the administrative procedure: Operation registration certificate of the foreign law branch or firm.
Requirements and conditions for the administrative procedure: None.
Legal basis for the administrative procedure:
- Law on Lawyers No. 65/2006/QH11 dated June 29, 2006; Law amending and supplementing a number of articles of Law on Lawyers No. 20/2012/QH13 dated November 20, 2012.
- Circular No. 17/2011/TT-BTP dated October 14, 2011 by the Ministry of Justice guiding the Law on lawyers and the Decree detailing and guiding a number of articles of the Law on lawyers, and the Decree guiding the Law on lawyers regarding lawyers’ socio-professional organizations.
- Circular No. 220/2016/TT-BTC dated November 10, 2016 by the Minister of Finance stipulating the rate, collection, payment and management of fees and charges in the field of lawyer activities.
* Attachments:
Change operation registration certificates of foreign arbitration centers, of branches of foreign arbitration institutions in Vietnam
Order of execution:
A foreign arbitration center or a branch of a foreign arbitration institution in Vietnam shall complete the required dossier and submit it to the Department of Justice of the locality where it is located.
Method of implementation: The dossier can be submitted in person or sent by postal services to the Department of Justice.
Dossier components:
- An application for changing contents of the operation registration certificate of the foreign arbitration center/branch of the foreign arbitration institution in Vietnam (Form No. 10/TP-TTTM);
- The original copy of the operation registration certificate of the foreign arbitration center, branch of the foreign arbitration institution in Vietnam;
- A certified copy of the establishment license of the foreign arbitration center; if a copy is submitted, the original shall be enclosed for comparison purposes; A certified copy of establishment license of the branch of a foreign arbitration center in Vietnam; if a copy is submitted, the original should be enclosed for comparison purposes;
Quantity of dossier: 01 set.
Time limit for settlement: Within 15 working days.
Agency carrying out the administrative procedure: The Department of Justice.
Entities carrying out the administrative procedure: Arbitration centers; branches of foreign arbitration institutions in Vietnam
Application and declaration forms: Application for changing in contents of the operation registration certificate of an arbitration center/branch of a foreign arbitration institution in Vietnam (Form No. 10/TP-TTTM);
Fees and charges:
Results of the administrative procedure: Record the changes in the operation registration certificate of the arbitration center, the operation registration certificate of the branch of the foreign arbitration institution in Vietnam.
Requirements and conditions for the administrative procedure: None.
Legal bases of the administrative procedure:
- Law on Commercial Arbitration 2010 No. 54/2010/QH12 by the 12th National Assembly;
- Decree No. 63/2011/ND-CP dated July 28, 2011 by the Government providing detailed regulations and guidelines for implementation of the law on commercial arbitration.
- Decree No. 124/2018/ND-CP dated September 19, 2018 by the Government amending and supplementing a number of articles of the Government's Decree No. 63/2011/ND-CP dated July 28, 2011 providing detailed regulations and guidelines for implementation of the law on commercial arbitration;
- Circular No. 12/2012/TT-BTP dated November 7, 2012 by the Ministry of Justice promulgating a number of forms on the organization and operation of commercial arbitration.
- Circular No. 222/2016/TT-BTC dated November 10, 2016 by the Ministry of Finance stipulating the collection levels, regime of collection, remittance, management of fees in the field of commercial arbitration operation.
* Attachments:
Registration of operation of a branch of a foreign arbitration institution in Vietnam after granted the establishment license by the Ministry of Justice; of a foreign arbitration institution in Vietnam in the case of relocation of its head office to another province/city
Method of implementation: The dossier can be submitted in person or sent by postal services.
Dossier components:
- Application for registration of operation of a branch of an arbitration center/branch of a foreign arbitration institution in Vietnam (Form No. 05/TP-TTTM);
- A certified true copy of the branch establishment license; if a copy is submitted, the original must be enclosed for the comparison purpose;
Quantity of dossier: 01 set.
Processing time : Within 10 working days from the date of receiving complete and valid dossiers.
Agency carrying out the administrative procedure: Department of Justice where the branch is located.
Entities carrying out the administrative procedure: Branches of foreign arbitration institutions in Vietnam.
Application and declaration forms: Application for registration of operation of a branch of an arbitration center/a foreign arbitration institution in Vietnam (Form No. 05/TP-TTTM).
Fees and charges: 5,000,000 VND (Five million VND).
Results of the administrative procedure: The operation registration certificate issued to the branch of the foreign arbitration institution in Vietnam.
Requirements and conditions for the administrative procedure: None.
Legal bases of the administrative procedure:
- Law on Commercial Arbitration 2010 No. 54/2010/QH12 by the 12th National Assembly;
- Decree No. 63/2011/ND-CP dated July 28, 2011 by the Government providing detailed regulations and guidelines for implementation of the law on commercial arbitration.
- Decree No. 124/2018/ND-CP dated September 19, 2018 by the Government amending and supplementing a number of articles of the Government's Decree No. 63/2011/ND-CP dated July 28, 2011 providing detailed regulations and guidelines for implementation of the law on commercial arbitration;
- Circular No. 12/2012/TT-BTP dated November 7, 2012 by the Ministry of Justice promulgating a number of forms on the organization and operation of commercial arbitration.
- Circular No. 222/2016/TT-BTC dated November 10, 2016 by the Ministry of Finance stipulating the collection levels, regime of collection, remittance, management of fees in the field of commercial arbitration operation.
* Attachments:
Re-issue of operation registration certificates of arbitration centers, branches of arbitration centers, branches of foreign arbitration institutions in Vietnam:
- If the operation registration certificate of a foreign arbitration center or its branch, or of the branch of a foreign arbitration institution in Vietnam is lost, torn, damaged, burnt or destroyed, then an application file may be sent to the Department of Justice which issued such certificate requesting that it be re-issued.
- The Department of Justice where the operation registration certificate has been granted shall consider re-granting it within 5 working days from the date of receipt of an application for re-issue.
Method of implementation: The dossier can be submitted in person or via postal services.
Dossier components:
- Application for re-issue of the operation registration certificate of foreign arbitration center/branch of a foreign arbitration center/branch of a foreign arbitration institution in Vietnam (Form No. 12/TP-TTTM);
- Document confirming loss of such certificate provided by the commune level Public Security of the locality where it was lost (in case of loss).
Quantity of dossiers: 01 set.
Time limit for settlement: Within 15 days from the date of receipt of a valid and complete dossier
Agency carrying out the administrative procedure: Department of Justice.
Entities carrying out the administrative procedure: Arbitration centers, branches of arbitration centers; branches of foreign arbitration institutions in Vietnam.
Application and declaration forms: Application for re-grant of operation registration certificate of arbitration center/branch of an arbitration center/branch of a foreign arbitration institution in Vietnam (Form No. 12/TP-TTTM);
Fees and charges:
- Operation registration certificate of the arbitration center: 1,500,000 VND (One million five hundred thousand Vietnam dongs).
- Operation registration certificate of the branch of the arbitration center: 1,000,000 VND (One million dong).
- Operation registration certificate of the branch of the foreign arbitration institution in Vietnam: 5,000,000 VND (five million dong).
Results of the administrative procedure: Operation registration certificate of an arbitration center/branch of an arbitration center/branch of a foreign arbitration institution in Vietnam
Requirements and conditions for the administrative procedure: Nil
Legal basis for the administrative procedure:
- Law on Commercial Arbitration 2010 No. 54/2010/QH12 by the 12th National Assembly;
- Decree No. 63/2011/ND-CP dated July 28, 2011 by the Government providing detailed regulations and guidelines for implementation of the law on commercial arbitration.
- Circular No. 12/2012/TT-BTP dated November 7, 2012 by the Ministry of Justice promulgating a number of forms on the organization and operation of commercial arbitration.
- Circular No. 222/2016/TT-BTC dated November 10, 2016 by the Ministry of Finance stipulating the collection levels, regime of collection, remittance, management of fees in the field of commercial arbitration operation.
* Attachments:
Procedures for granting criminal record certificates to Vietnamese citizens and foreigners currently residing in Vietnam
- Order of execution:
+ Submitting dossiers at the Department of Justice:
A Vietnamese citizen shall submit the application dossier for granting criminal record certificate to the Department of Justice in the permanent place of residence; or temporary place of residence in case there is no permanent residence. In case of residence abroad, the dossier shall be submitted at the place of residence before leaving the country
Foreigners residing in Vietnam shall submit their dossiers to the Department of Justice where they reside.
+ Get results at the place of application.
- Method of implementation: Submit the application at the Department of Justice.
- Dossier components:
+ An application for granting criminal record certificate according to the prescribed form (Form No. 03/2013/TT-LLTP; Form No. 04/2013/TT-LLTP).
+ A scan of the identity card or citizen identity card or passport of the applicant for criminal record certificate (If a scan is submitted, the original shall be presented for comparison; or a certified copy as prescribed by law if without the original).
+ Power of attorney in case the applicant will authorize a third party to carry out his application dossier for Criminal Record Certificate No. 1 on his behalf (in case the authorized person is a parent, spouse and child of the applicant for criminal record certificate, no authorization documents are required). The letter of authorization must be notarized or authenticated according to the provisions of Vietnamese law.
Individuals who request the issuance of Criminal Record Certificate No. 2 may not authorize other persons to carry out procedures for issuance of such Certificate.
In addition, the applicants for Criminal record certificate who are exempt or reduced fees and charges must present documents to prove it.
- Number of dossiers: 01 set.
- Time limit for settlement:
+ Within 10 days from the date of receipt of a complete and valid dossier.
+ In cases, the applicant for criminal record certificate is (1) a Vietnamese citizen residing in many places or abroad, (20 a foreigner, (3) subjected to verification of default conditions for removing previous criminal convictions, the time limit for settlement shall not exceed 15 days.
- Agency directly handling the administrative procedure: the Department of Justice.
- Coordinating agencies:
+ Public Security agency: Within 7 working days after receiving the request for judicial record verification, the provincial-level Police Department shall search for information on the previous criminal conviction status of the applicant and send the results to the provincial Department of Justice. In case search for information have to be conducted in the file and record system of the Ministry of Public Security, that time limit must not exceed 9 working days.
+ Court agency: In case judicial record information on previous criminal convictions searched at a court is insufficient to serve as a ground for making a conclusion or the previous criminal conviction status of an applicant remains unclear or contains insufficient details for confirming whether or not the applicant has a previous criminal conviction.
In case, after looking up judicial record information at the police office, there are still not enough grounds to conclude or the content of the criminal record status of the involved party has unclear and incomplete points enough to confirm that the litigant has a criminal record or has no criminal record.
+ Competent agencies of the Ministry of National Defense: In case of granting a criminal record certificate to a person who once was an officer, noncommissioned officer, solider or professional army man, or national defense worker.
+ The National Centre for Criminal Record: In cases the applicant is a Vietnamese citizen residing in many provinces and cities directly under the central government or abroad; a foreigner residing in Vietnam since 01 July 2010.
+ The commune-level People's Committee, agencies, organizations; relevant procedure-conducting agencies: cases of verification of the condition on automatic remission of the previous criminal conviction.
- Entities carrying out the administrative procedure: Individuals.
- Application and declaration forms:
+ An application for granting criminal record certificate according to the prescribed form (Form No. 03/2013/TT-LLTP);
+ An application for granting criminal record certificate (For individuals in case of authorization to request issuance of criminal record certificates number 1 and individuals who are parents of juveniles requesting issuance of criminal record certificates number 2) (Form No. 04/2013/TT-LLTP).
- Fees and charges:
+ Fee for issuance of criminal record certificates: VND 200,000/time/person.
+ Fee for issuance of criminal record certificates for pupils, students, individuals contributed to the revolution or martyrs’ relatives: VND 100,000/time/person
The following cases are exempt from fees for application for issuance of criminal record certificate: Children as defined in the Law on Child Protection, Care and Education; elderly people according to the provisions of the Elderly Law; people with disabilities under the Law on People with disabilities; people belonging to poor families according to the Decision No. 59/2015/QD-TTg dated 19/11/2015 promulgating the multi-dimensional approach poverty lines applicable to the 2016-2020 period; residents of extremely difficult communes, ethnic minorities in communes with exceptionally difficult socio-economic conditions, border communes or communes in safety zones as prescribed by law.
In case the person who is issued with the criminal record card requests to issue more than 2 copies at a time, from the 3rd copy onwards, the additional cost is VND 5,000/copy (to cover necessary expenses for printing the form of the criminal record certificate)
- Results of administrative procedures: Criminal record certificate No. 1, Criminal record certificates No. 2.
- Requirements for administrative procedures (if any): No.
- Legal bases for administrative procedures :
+ Law on Criminal Records No. 28/2009/QH12.
+ Law on entry into, exit from, transit through, and residence of foreigners in Vietnam No. 51/2019/QH14.
+ Law on Citizenship Identification 2014.
+ Law on Residence No. 68/2020/QH14 dated 13/11/2020.
+ Decree No. 111/2010/ND-CP dated November 23, 2010 by the Government detailing and guiding the implementation of a number of articles of the Law on Criminal Records.
+ Circular No. 13/2011/TT-BTP dated June 27, 2011 by the Ministry of Justice on promulgating and guiding the use of forms and books of criminal records.
+ Joint Circular No. 04/2012/TTLT-BTP-TANDTC-VKSNDTC-BCA-BQP dated May 10, 2012, by the Ministry of Justice, Supreme People's Court, Supreme People's Procuracy, Ministry of Public Security, Ministry of National Defense, guide the order and procedures for searching, verifying, exchanging and providing criminal record information.
+ Circular No.16/2013/TT-BTP dated November 11, 2013 by the Ministry of Justice amending and supplementing several articles of Circular No. 13/2011/TT-BTP dated June 27, 2011 promulgating and guiding the use of forms and books of criminal records.
+ Circular No. 244/2016/TT-BTC dated November 11, 2016 by the Ministry of Finance stipulating the collection rate, mode of collection, payment, management and use of fees and charges for providing criminal record information.
* Attachments:
Procedures for certification of Vietnamese origin
Order of execution:
- When a person wishes to apply for certification of Vietnamese origin, he/she shall submit the application in person or via postal service to the overseas Vietnamese representative missions (If he/she is in a country without Vietnamese representative mission, he shall submit dossiers to and receive replies from Vietnamese representative missions which are convenient to him/her) or to the State Committee for Overseas Vietnamese Affairs, the Ministry of Foreign Affairs; or the provincial-level Justice Department of the locality where he/she resides.
Within 5 working days from the date of receipt of complete application for certification of Vietnamese origin, the dossier-receiving agency shall consider and check the relevant documents presented by the applicant and the database related to nationality (if any), if considering that there are sufficient grounds to confirm that the applicant is a person of Vietnamese origin, then shall issue a written certification of the applicant's Vietnamese origin according to the set form.
If there are not sufficient grounds to confirm that the applicant has Vietnamese origin, the application-receiving agency shall notify in writing the applicant thereof.
Method of implementation:
The dossier can be submitted in person or sent via postal service to the overseas Vietnamese representative missions (if currently residing abroad) or the State Committee for Overseas Vietnamese Affairs, the Ministry of Foreign Affairs; or the provincial Justice Department (if residing in the country).
Dossier components:
- Application for certification of Vietnamese origin according to the set form; two 4x6 photos.
- Copies of ID, passport or valid substitute papers;
- Copies, attaching the original for comparison or certified true copies of documents proving that a person who used to have Vietnamese nationality which had been determined at the time of his/her birth on the consanguinity principle or his/her father or mother, paternal grandfather or grandmother, maternal grandfather or grandmother is a person who used to have Vietnamese nationality on the consanguinity principle.
- Other papers for reference, including:
+ Papers on personal identity, civil status and nationality granted before 30 April 1975 by the former (copies enclosed with the originals for comparison or certified copies);
+ A guarantee issued by an overseas Vietnamese Association from the country of the applicant’s residence, certifying the applicant as Vietnamese origin;
+ A guarantee from a Vietnamese citizen, certifying the applicant as Vietnamese origin;
+ Papers issued by foreign competent authorities, indicating the applicant’s Vietnamese nationality or Vietnamese origin (copies enclosed with the originals for comparison or certified copies);
+ Papers issued by competent foreign agencies in which Vietnamese nationality or original Vietnamese nationality is written (a copy enclosed with the original for comparison or a certified copy).
Quantity of dossier: 01 set
Time limit for settlement: Within 5 working days from the date of receiving the complete and valid dossier.
Entities carrying out the administrative procedure: Individuals
Agency carrying out the administrative procedure:
- At the central level: overseas Vietnamese representative missions; the State Committee for Overseas Vietnamese Affairs, the Ministry of Foreign Affairs;
- At the provincial level: the Department of Justice.
Results of the administrative procedure: Certificate of Vietnamese origin.
Fees and charges:
- If applying at an overseas Vietnamese representative mission: No fee
- If applying at the State Committee for Overseas Vietnamese Affairs, the Ministry of Foreign Affairs or the Department of Justice: 100,000 VND.
Exemption of fees for migrants from Laos who are allowed to reside and apply for certification of Vietnamese origin in accordance with the provisions of international treaties to which the Socialist Republic of Vietnam is a contracting party; overseas Vietnamese living in neighboring countries sharing the border with Vietnam with difficult economic circumstances, certified by the People's Committee of the commune.
Application and declaration forms: Application for certificate of Vietnamese origin (Form TP/QT-2013-TKXNCQTVN).
Requirements and conditions for the administrative procedure: None
Legal bases for the aadministrative procedure:
- Law on Vietnamese Nationality 2008.
- Decree No. 78/2009/ND-CP dated September 22, 2009 by the Government on detailing and guiding a number of articles of the Law on Vietnamese Nationality 2008.
- Joint Circular No. 05/2010/TTLT/BTP-BNG-BCA dated March 1, 2010 by the Ministries of Justice, Foreign Affairs and Public Security on guiding the implementation of Decree No. 78/2009/ND-CP dated September 22, 2009 by the Government.
- Joint Circular No. 05/2013/TTLT/BTP-BNG-BCA dated January 31, 2013 the Ministries of Justice, Foreign Affairs and Public Security on amending and supplementing Article 13 of Joint Circular No. 05/2010 /TTLT/BTP-BNG-BCA dated March 1, 2010 by the Ministries of Justice, Foreign Affairs and Public Security on guiding the implementation of Decree No. 78/2009/ND-CP dated September 22, 2009 by the Government .
- Circular No. 281/2016/TT-BTC dated November 14, 2016 by the Ministry of Finance on regulating rates and regimes for collection, payment, administration and use of fees for exploitation and use of information from the database on civil status, fees for confirmation of Vietnamese nationality, certification of Vietnamese origin, fees for nationality.
* Attachments:
Procedures for naturalization in Vietnam
Order of execution:
- Foreigners and stateless persons permanently residing in Vietnam submit dossiers of application for naturalization of Vietnam at the Department of Justice where they reside.
- The dossier-receiving agency is responsible for checking the entire dossier file. In case the dossier is incomplete or invalid, the dossier-receiving agency shall immediately notify the applicant thereof for supplementation and completion of the dossier. If the dossier is complete and valid, it shall be recorded in the record book of dossiers of application for naturalization in Vietnam. At the same time, the dossier-receiving agency shall issue to the dossier submitter a receipt which is made according to the set form and affixed with the seal of the Department of Justice.
- Within 5 working days after the receipt of a complete and valid dossier, the Department of Justice shall send to the provincial Department of Public Security a request for verification of the applicant’s identity.
- Within 30 days after the receipt of a request from the Department of Justice, the provincial Department of Public Security shall conduct verification and send verification results to the Department of Justice. During this period, the Department of Justice shall examine papers in the dossier of application for naturalization in Vietnam.
- Within 10 working days from the date of receipt of verification results, the Department of Justice shall complete the dossier and submit it to the Chairman of the Provincial People's Committee.
- Within 10 working days from the date of receipt of a request from the Department of Justice, the Chairman of the Provincial People's Committee shall consider, make conclusion and send his/her proposal to the Ministry of Justice.
- Within 20 working days after receiving the written proposal from Chairman of the provincial People’s Committee, the Ministry of Justice shall re-examine the dossier, if finding that all conditions for naturalization of Vietnam are satisfied, the Ministry shall send a written notification to the applicant in order to carry out procedures for renunciation of his/her foreign nationality, except for cases in which the applicant wishes to retain his/her foreign nationality or is a stateless person.
Within 10 working days from the date of receiving the certificate of renunciation of foreign nationality of the applicant for naturalization in Vietnam, the Minister of Justice, authorized by the Prime Minister, shall submit a proposal to the State President for consideration and decision.
- In case the applicant wishes to retain his/her foreign nationality or is a stateless person, within 20 days after the receipt of the proposal from the provincial People’s Committee president, the Ministry of Justice shall re-examine the dossier, if finding that the applicant is eligible for naturalization in Vietnam, the Ministry, authorized by the Prime Minister, shall submit a proposal to the State President for consideration and decision.
- Within 30 days after receiving the Prime Minister’s proposal, the State President shall consider and decide.
- After a decision on permitting the naturalization in Vietnam issued by the State President, it shall be published in the Official Gazette by the State President's Office, and updated on the Ministry of Justice's website and within 10 days the Ministry of Justice should send a copy of the Decision together with the extract of the list of persons who are naturalized and at the same time send one copy to the provincial People's Committee which receives the dossier for monitoring, managing, collecting statistics on settling nationality. The Ministry of Justice shall also notify the provincial Department of Justice which the birth registration of the person permitting the naturalization in Vietnam (if the birth registered in the country) or the agency which archives birth registers of the former regime for the latter to take notes in the birth register. The contents of the note include: decision number; date, month and year of issuing the decision; the contents of the Decision. The officer who takes notes shall sign, write his/her full name and the date of taking notes.
Method of implementation: The applicant for naturalization in Vietnam submits the application directly at the Department of Justice where he/she resides.
Dossier components:
- An application for naturalization in Vietnam;
- A copy of the birth certificate, passport or other valid substitute papers;
- A Curriculum vitae;
- A judicial record issued by a competent Vietnamese authority for the period the applicant resides in Vietnam and a judicial record issued by a competent foreign authority for the period of the applicant’s residence in the foreign country. Judicial records must be issued within 90 days before the date of filing the dossier;
- Papers proving the applicant’s Vietnamese language proficiency (including one of the following papers: copies of graduation diploma of postgraduate, university, college, vocational secondary school, upper secondary school or secondary school of Vietnam; copies of the diploma or certificate of Vietnamese proficiency granted by the Vietnamese language training center of Vietnam).
In cases in which a person applying for Vietnamese nationality makes declaration in Vietnamese in order to integrate into the Vietnamese community but does not have one of the above papers, the provincial Department of Justice shall conduct a direct interview for examining Vietnamese language of the applicant. Interview results must be in writing; The interviewer, based on the criteria specified in Clause 1, Article 5 of Decree No. 78/2009/ND-CP (knowing Vietnamese sufficiently to integrate into the Vietnamese community of the applicant to be evaluated based on his/her skills of communication in Vietnamese with Vietnamese citizens, taking account of his/her living and working environment, shall propose opinions and take responsibility for his/her suggestions;
- Papers proving the applicant’s place and period of residence in Vietnam;
- Documents proving the applicant’s ability to make livelihood in Vietnam (including one of the following documents: proof of ownership of the property, certificate of salary or income by his/her employers, a certificate of taxable income from a tax agency, a document proving the guarantee of an organization or individual in Vietnam, a written certification of his/her ability to make livelihood in Vietnam by the commune-level People's Committee of the locality where the applicant resides).
For a minor child applying for Vietnamese nationality together with his/her parents, the dossier includes a copy of the birth certificate of such child or other papers proving the parent-child relationship. If only one parent is naturalized in Vietnam but the minor children living with that person acquire Vietnamese nationality according to their parents, the parents' written agreement on naturalization in Vietnam for their children must also be submitted.
Notes: Those who are exempted from certain conditions for naturalization in Vietnam shall be exempt from the papers corresponding to the exempted conditions but must submit the following papers to prove the exemption conditions, namely:
- The person whose spouse is a Vietnamese citizen must submit a copy of the Marriage Certificate proving the marriage relationship;
- Persons who are fathers, mothers or biological children of Vietnamese citizens must submit copies of birth certificates or other valid papers evidencing their paternity or mother-child relations;
- Persons who are biological fathers, natural mothers or biological children of Vietnamese citizens must submit a copy of the birth certificate or other valid papers proving the parent-child relationship;
- Persons who have made special meritorious contributions to Vietnam’s national construction and defense shall have to submit copies of medals, certificates of other noble titles or written certifications by authority agencies or organizations.
- Persons whose naturalization in Vietnam is helpful to the State of the Socialist Republic of Vietnam (persons who have talents in scientific, technological, cultural, social, art and sport domains) must submit the certificates certified by their employing agencies or organizations and ministerial-level state management agencies or provincial-level People’s Committees that their naturalization in Vietnam will contribute to the development of these domains.
Quantity of dossiers: 03 sets
Time limit for settlement: 115 days (actual time to process dossiers at competent agencies)
Entities carrying out the administrative procedure: Individuals
Competent agencies: the Department of Justice, the Ministry of Justice.
Results of the administrative procedure: Decision on permitting the naturalization in Vietnam issued by the State President.
Fees and charges: 3,000,000 VND.
The following cases are exempted from fees for naturalization in Vietnam:
+ Those who have made special meritorious contributions to Vietnam’s national construction and defense (as those who have been awarded orders, medals or other honorable titles by the State of Democratic Republic of Vietnam, the Provisional Revolutionary Government of the Republic of South Vietnam or the State of the Socialist Republic of Vietnam or have their special meritorious contribution certified by competent Vietnamese agencies).
+ Stateless people with difficult economic circumstances, certified by the People's Committee of the commune where they reside.
Application and declaration forms:
- Application for naturalization in Vietnam (Form TP/QT-2010-ĐXNQT);
- Curriculum vitae (Form TP/QT-2010 - TKLL)
Requirements and conditions for the administrative procedure:
Foreign nationals and stateless persons permanently residing in Vietnam who file applications for Vietnamese nationality may be permitted for naturalization in Vietnam if they satisfy the following conditions:
+ Having the full civil act capacity as prescribed by Vietnam’s laws;
+ Obeying the Constitution and laws of Vietnam; respecting the traditions, customs and practices of the Vietnamese nation;
+ Understanding Vietnamese sufficiently enough to integrate themselves into the Vietnamese community;
+ Having resided in Vietnam for 5 years or more by the time of application for naturalization;
+ Being capable of making their livelihood in Vietnam.
- The applicant for naturalization in Vietnam, if falling into one of the following cases: being the wife, husband, biological father, mother or natural child of a Vietnamese citizen; having special meritorious contributions to Vietnam’s national construction and defense (as those who have been awarded orders, medals or other honorable titles by the State of Democratic Republic of Vietnam, the Provisional Revolutionary Government of the Republic of South Vietnam or the State of the Socialist Republic of Vietnam or have their special meritorious contribution certified by competent Vietnamese agencies); being helpful to the State of the Socialist Republic of Vietnam (those who have talents in scientific, technological, cultural, social, art and sport domains and are certified by their employing agencies or organizations and ministerial-level state management agencies or provincial-level People’s Committees that their naturalization in Vietnam will contribute to the development of these domains), may be permitted for naturalization in Vietnam without having to fully meet the following conditions:
+ Understanding Vietnamese sufficiently enough to integrate themselves into the Vietnamese community;
+ Having resided in Vietnam for 5 years or more by the time of application for naturalization;
+ Being capable of making their livelihood in Vietnam.
- Persons naturalized in Vietnam shall renounce their foreign nationality, except for the following persons, in special cases, if so permitted by the President:
+ As spouses, natural parents or natural offsprings of Vietnamese citizens;
+ Having made meritorious contributions to Vietnam’s national construction and defense;
+ Being helpful to the State of the Socialist Republic of Vietnam.
- Persons applying for Vietnamese nationality must have Vietnamese names. These names may be selected by the applicants and written in the decisions on naturalization in Vietnam.
- Persons applying for Vietnamese nationality may not be permitted for naturalization if such naturalization is detrimental to Vietnam’s national interests.
Legal bases for the administrative procedure:
- Law on Vietnamese Nationality 2008.
- Decree No. 78/2009/ND-CP dated September 22, 2009 by the Government on detailing and guiding a number of articles of the Law on Vietnamese Nationality 2008.
- Decree No. 97/2014/ND-CP dated October 17, 2014 by the Government amending and supplementing a number of articles of Decree No. 78/2009/ND-CP dated September 22, 2009 by the Government on detailing and guiding a number of articles of the Law on Vietnamese Nationality 2008.
- Circular No. 08/2010/TT-BTP dated March 25, 2010 by the Minister of Justice guiding forms of nationality related papers and registries of nationality-related matters.
- Joint Circular No. 05/2010/TTLT/BTP-BNG-BCA dated March 1, 2010 by the Ministries of Justice, Foreign Affairs and Public Security on guiding the implementation of Decree No. 78/2009/ND-CP dated September 22, 2009 by the Government.
- Circular No. 281/2016/TT-BTC dated November 14, 2016 by the Ministry of Finance on regulating rates and regimes for collection, payment, administration and use of fees for exploitation and use of information from the database on civil status, fees for confirmation of Vietnamese nationality, certification of Vietnamese origin, fees for nationality.
* Attachments:
Procedures for adoption involving foreign elements for children living in Nurturing centers/institutions
Order of execution:
i) Preparing dossiers for child to be adopted
Nurturing centers make assessment on the child's need of being adopted, preparing the child's dossier, consulting the managing agency (which is the agency directly managing the nurturing center, depending on each case, may be the Department of Labor - War Invalids and Social Affairs, District People's Committee, Red Cross Association, Sponsoring Association for People with Disabilities and Orphans ...). The managing agency shall send its opinions to the Department of Justice enclosed with the child's dossier.
ii) Finding prospective adoptive parents
- When receiving a child's dossier, if a Vietnamese citizen permanently residing in the province registers the need to adopt a child, the Department of Justice shall deliver 01 set of child dossier to the adopter and introduce he/she to the commune-level People's Committee where the fostering center is located for consideration and settlement in accordance with law.
- If there is no Vietnamese citizen permanently residing in the country registering to adopt a child:
*) For disabled children, children suffering from fatal diseases defined in Clause 1, Article 3 of Decree No. 19/2011/ND-CP (amended and supplemented under Decree No. 24/2019/ND- CP) to be specific adopted, the Department of Justice certifies that a child is eligible to be adopted and sends the child's dossier to the Department of Adoption to find a specific adopting person.
The Department of Adoption requests the foreign adoption offices to find a specific adopter who is suitable for taking care and nurturing of the identified child.
*) For children not defined in Clause 1, Article 3 of Decree No. 19/2011/ND-CP (amended and supplemented under Decree No. 24/2019/ND-CP):
+) The Department of Justice announces to find people in the country to adopt children. If there is no Vietnamese citizen permanently residing in the country registering to adopt a child, the Department of Justice shall deliver the child's dossier to the Department of Adoption to notify at the central level.
+) Department of Adoption announces to find adopting people in the country. If there is a person who wishes to adopt a child, that person shall contact the People's Committee of the commune where the nurturing center is located for consideration and settlement. If there is no Vietnamese permanently residing in the country registering to adopt the child, the Department of Adoption shall notify such to the Department of Justice.
iii) Certifying children's eligibility for to be overseas adopted
+) The Department of Justice shall examine the legitimacy of dossier and compare with the regulations on objects, age of child to be adopted, the case of specific adopting, the cases of through introduction’s procedure; dossiers must have enough duly legal papers.
+) For abandoned children, the Department of Justice requests the Provincial Department of Public Security to verify the child's origin. The Provincial Department of Public Security shall have a clear written verification and conclusion about the origin of abandoned children, and that the child’s natural parent(s) is (are) not identified.
In case of an abandoned child whose natural parent(s) is(are) identified by the Provincial Department of Public Security and the Department of Justice can contact him/her, the Department of Justice shall obtain the consent of the parent(s) with respect to the child adoption before determining the child’s eligibility for adoption.
In case where the Department of Justice cannot contact the natural parent(s), the Department shall post a notice in its office within 60 days as of the date of receiving the verification results, and at the same time shall request in writing the commune-level People’s Committee in the area of last residence of the natural parent(s) to post a notice of the child waiting for the adoption in the Committee’s office. The posting shall take place within 60 days as of the date of receiving the written request of the Department of Justice.
+) The Department of Justice collects the consent of the natural parents; If the father or mother is dead, missing, having lost the civil act capacity or unidentifiable, the consent of the other person is required; If both biological parents are dead, missing, having lost civil act capacity or unidentifiable, the consent of the guardian is required; Adopting a child aged full 09 years or older also requires the consent of that child; If the child is living at a nurturing center/institution, there must be a written opinion of the director of the nurturing center on the adoption of the child.
While collecting concerned, judicial officers must:
*) consult to help children continue be cared for, nurtured, educated which are suitable with the families’ conditions and real capabilities.
**) fully consult for the natural parents or guardians about adoption’s purpose; rights and obligations arising between adoptive parents and adopted children after adoption registering; the natural parents no longer have the rights and obligations to care for nurture, provide financial support for, represent at law, pay damages for, manage and dispose of personal property of, their child already adopted unless otherwise agreed upon between the natural and adoptive parents.
***) Explain to the concerned people about the right to change their consent within 30 days from the date of being asked for their ideas: Within this time limit, if concerned persons (except for director of the nurturing center) have not awarded fully, understood clearly about the consulted matters or influenced by psychology, health element had agreed to allow their children to be adopted, then wanted to change their decision after rethinking, they must inform in writing to the Provincial Department of Justice, adoption dossier-handling agency. If this period is terminated, the concerned persons may not change their ideas for allowing children to be adopted.
+) Department of Justice confirms that a child is eligible for inter-country adoption, sending the Department of Adoption a document certifying that the child is eligible to be adopted, a written verification of the Provincial Public Security Agency for a child abandoned, written opinions of birth parents or guardians and consent of children aged full nine years or older regarding child adoption; in case the child is living at a nurturing center, there must be a written opinion of the center’s director allowing the child to be adopted so that the Department of Adoption transfers the adopting person's dossier to request the introduction children.
+) The Department of Justice confirms that a child is eligible for inter-country adoption, sending the confirmation to the Department of Adoption, a written verification of the Provincial Department of Public Security for a child abandoned, written opinions of natural parents or guardians and consent of children aged full nine years or older regarding child adoption; a written consent from the nurturing center’s director allowing the child to be adopted in case the child is living at a nurturing center/institution.
iv) Submission, examination and assessment of dossiers of adopting persons
- The foreign adoption office submits dossiers of adopting persons to the Department of Adoption; a foreigner who currently working or studying in Vietnam for at least 1 year shall submit his/her adopting dossiers and dossiers of children up for adoption to the Department of Adoption.
- Based on the number of children eligible for foreign adoption, the Department of Adoption receives the adopter's dossier.
- The Department of Adoption examines and evaluates the dossier of adopting person. In case of approval, the Department of Adoption proceeds with the next procedures. In case of disapproval, the Department of Adoption returns the dossier and clearly state the reason in writing.
v) Introduction of children for inter-country adoption:
+) The Department of Adoption transfers dossiers of adopting persons to the Department of Justice based on the number of children qualified to be inter-country adopted and the number of dossiers of adopting persons has been approved.
+) The Department of Justice shall introduce a child for adoption and report it to the Provincial People's Committee for approval.
Before considering and introducing a child for intercountry adoption, if there is a citizenship seeking to adopt a child, he/she should contact the People's Committee of the commune where the nurturing center is located for consideration and settlement. Once the adoption is completed, the commune-level People's Committee shall report to the Department of Justice to terminate the introduction of the child for intercountry adoption.
Within 30 days after receiving the dossier of the adopting person, the provincial-level Justice Department shall consider and introduce a child for adoption on the basis of ensuring the grounds provided in Article 35 of this Law and report it to the provincial-level People's Committee. Within 10 days after receiving the dossier from the provincial-level Justice Department, if approving the dossier, the provincial-level People's Committee shall notify it to the provincial-level Justice Department for carrying out procedures for forwarding the dossier to the Ministry of Justice; if disapproving the dossier, it shall issue a written reply clearly stating the reason.
Before the provincial-level Justice Department considers and introduces a child for intercountry adoption, if a person seeks to adopt the child, he/she shall contact the commune-level People's Committee of the place in which the child permanently resides for consideration and settlement; once the adoption completes, the commune-level People's Committee shall report it to the provincial-level Justice Department for terminating the introduction of the child for intercountry adoption.
+) In case the provincial People's Committee approves the dossier, the Departments of Justice forward to the Department of Adoption a set of child’s dossier enclosing with agreement written of the Provincial People’s Committee. If disapproval, the provincial People's Committee shall written clearly notify the reason to the Department of Justice to implement reintroduction. In case the Department of Justice could not introduce the child, it returns the adopting person's dossier to the Department of Child Adoption, enclosing with written stating clearly the reason. If the Department of Justice could not introduce, it must return dossiers of adopting persons to the Department of Adoption with written stating clearly the reason.
vi) Inspecting and notifying the results of the settlement of foreign adoptions
- The Department of Adoption inspects the results of settlement of foreign adoptions according to the provisions of Points d and đ, Clause 2, Article 28, and Clause 3, Article 36 of the Law on Adoption, Article 20 of Decree No. 19/2011/ND-CP amended and supplemented under Decree No. 24/2019/ND-CP. If necessary, the Department of Adoption consults with experts in the fields of psychology, health, family and society.
- If a child being eligible for intercountry adoption, the introduction of child to be adopted ensuring to comply with orders, procedures as provisions and meeting child’s best benefits, the Department of Adoption shall notify in writing to the adopting persons, concerned foreign Central Agencies for adoption enclosing with a set of dossier comprising of a report on assessment of a child’s eligibility for intercountry adoption; written opinions of parents, guardians and opinions of children aged full nine or older on consent to child adoption; written opinions of the director of the nurturing center about the adoption of a child.
In case the child has not enough conditions for intercountry adoption, the introduction of children to be adopted not comply with order, procedures as provisions and not meet child’s best benefits, the Department of Adoption shall notify the Department of Justice.
- Foreign adoption offices/concerned foreign adoption agencies/adopters send the Department of Adoption a written consent of adopting persons about the introduced child and the written consent of relevant foreign competent authorities certifying that a child is admitted to and permanently resides in the country where the child is adopted.
- The Department of Adoption notifies the provincial Department of Justice the consent of the foreign competent agencies, adopting person's opinion. For the adoption of disabled children, children with dangerous diseases, the Department of Adoption informs and transfers dossiers of adopting persons.
vii) Decision to allow children to be adopted by foreigners and organization of the delivery and receipt of adopted children
- The provincial Department of Justice shall request to the provincial People's Committee to issue a decision on adoption with foreign elements.
- The Provincial People's Committees shall issue a decision to allow the child's intercountry adoption.
- After the decision is issued by the provincial People's Committee, the Department of Justice shall notify the adopter to come to Vietnam for receiving the child.
- The Department of Justice registers the adoption and organizes an adoption ceremony. At the adoption ceremony, the Department of Justice assigns the adoptive parents 01 set of the child's dossier, including papers specified in Clause 1, Article 32 of the Law on Adoption and the written opinion of the birth father (or mother) or guardians and opinions of children aged full nine years or older with respect to the child adoption; In case the child is living in a nurturing center, a written opinion of the director of the center on allowing the child to be adopted is required.
- The Ministry of Justice shall issue a Certificate of Adoption with foreign elements in accordance with the Hague Convention (if required).
Method of implementation:
- Dossier of the person to be adopted: Nurturing centers prepare and send the dossiers to their governing agency for opinions, then the dossiers shall be sent to the Department of Justice, enclosed with a written opinions.
- Dossier of the adopter: can be submitted in person or sent via postal services to the Department of Adoption.
In case of non specific child adoption, the adopter permanently residing in the country is contracting party of a treaty on coordinating adoption with Vietnam applies dossiers to the Department of Adoption via such country adoption agencies granted license for operating in Vietnam; If such country has not got adoption agencies granted license for operating in Vietnam, the adopter applies dossiers to the Department of Adoption via the diplomatic representative agencies or the Consular agency of such country in Vietnam.
Dossier components:
The dossier of a adopter includes:
- Application for Vietnamese child intercountry adoption (Used for adoption of a child living in nurturing institution);
- Copy of passport or a valid substitute document;
- A written permission to adopt a child in Vietnam;
- Psychological and family survey;
- Written confirmation of health status;
- Written confirmation of income and assets;
- Judicial record;
- Written certification of marital status:
+ In case the adopter is married: Marriage certificate.
+ In case the adopter is a single: Certificate of marital status.
- A certificate of the People's Committee or the police station of the commune where he/she resides in Vietnam and other papers and documents to prove that the adopter is a foreigner who is working and studying continuously in Vietnam during the period for a period of at least 01 year, up to the date of filing at the Department of Adoption (for a foreigner working or studying in Vietnam for at least 01 year).
Notes: Papers and documents prepared and issued by competent foreign agencies must be:
*) consularly legalized by the Consular Departments, the Ministry of Foreign Affairs of Vietnam, the Diplomatic Mission or the Consular Office of Vietnam abroad, except for cases exempted from consular legalization under a treaty to which the Socialist Republic of Vietnam is a contracting party or on the reciprocity principle.
*) Translate into Vietnamese and the translation must be authenticated by the signature of the translator in accordance with the provisions of Vietnamese law on signature authentication.
The dossier of a child to be adopted includes:
- Birth certificate;
- A health certificate issued by a district-or higher-level health agency;
- Two photos of the whole body looking straight, taken within 6 months;
- A record of certification made by the commune-level People's Committee or police of the place in which the child is abandoned, for abandoned children; the death certificate of the natural parent(s) or a court decision declaring the natural parent(s) of the child is (are) dead, for orphans; a court decision declaring the natural parent(s) of the person introduced for adoption is (are) missing, for persons introduced for adoption whose parent(s) is (are) missing; a court decision declaring the natural parent(s) of the person introduced for adoption have lost civil act capacity, for persons introduced for adoption whose parent(s) has (have) lost civil act capacity;
- The receipt decision, for children in a nurturing institution;
- Documents on the remarkable characteristics, hobbies and habits of the child;
- A document evidencing the failure of finding a domestic substitute family, for children subject to introduction procedures.
- In case of a child as a sibling of a previous adopted child: A copy of the decision of the competent Vietnamese authority for the adopter to adopt the such child and papers and documents to prove that he/she and the adopted child are siblings.
- Quantity of dossiers submitted to the Department of Adoption by the adopting person:
The dossier of adopting person: 02 sets.
The dossier of child to be adopted: 03 sets to be submitted to the Department of Justice and 01 photocopy of the dossier submitting at the Department of Adoption (for a foreigner working, studying in Vietnam for at least 01 year and adopting Vietnamese children).
Time limit for settlement:
- For the managing agency to give opinions and send them to the Department of Justice: 05 working days from the date of receipt of a complete and valid dossier.
- The Department of Justice examining the dossier and conducting from relevant persons: 20 days from the date of receipt of a complete and valid dossier.
- For concerned people to change their consent on the child adoption: 30 days from the date of collection of opinions.
- Provincial police offices to verify the origin of children for abandoned children: 30 days from the date of receipt of the request of the Department of Justice.
+) For abandoned children, the Department of Justice requests the Provincial Department of Public Security to verify the child's origin. The Provincial Department of Public Security shall have a clear written verification and conclusion about the origin of abandoned children, and that the child’s natural parent(s) is (are) not identified.
In case of an abandoned child whose birth parent(s) is(are) identified by the Provincial Department of Public Security and the Department of Justice can contact his/her parent(s), the Department of Justice shall obtain the consent of the parent(s) with respect to the child adoption before determining the child’s eligibility for adoption.
In case where the Department of Justice cannot contact the natural parent(s), the Department shall post a notice in its office within 60 days as of the date of receiving the verification results, and at the same time shall request in writing the commune-level People’s Committee in the area of last residence of the natural parent(s) to post a notice of the child waiting for the adoption in the Committee’s office. The posting shall take place within 60 days as of the date of receiving the written request of the Department of Justice.
In case the provincial police have verified information about the biological parents of abandoned children but cannot contact, the period for the Department of Justice and the commune-level People's Committee in the area of last residence of the natural parent(s) to post a notice of the child waiting for the adoption in the Committee’s office: 60 days from the date of receipt of verification results (for the Department of Justice) and 60 days from the date of receipt of written request from the Department of Justice (for the commune-level People's Committee of the last place of residence of the biological parents).
- The period for the Department of Adoption to examine and appraise the dossier of a foreigner adopting Vietnamese children: 15 days from the date of receipt of complete and valid dossiers, the application fee has been paid.
- The period for the Department of Justice to introduce the child for adoption: 30 days from the date of receipt of the adopter's application.
- The period for the Provincial People's Committee to give opinions on the introduction of a child for adoption (for a child subject to the introduction procedure): 10 days from the date of receipt of the dossier submitted by the Department of Justice.
- Time for the Department of Adoption to check the results of adoption settlement according to the provisions at Points d and đ, Clause 2, Article 28 and Clause 3, Article 36 of the Law on Adoption: 30 days from the date of receipt of the report on the results of adoption by the Department of Justice.
- Time for the Department of Adoption to notify the Department of Justice: 15 days from the date of receipt of a written notice from the competent authority of the country where the adopter permanently resides, stating that the adopter agrees the adoption, the adopted child is allowed to enter and permanently reside in the country where the child is adopted.
- Time for the provincial People's Committee to issue a decision for the child to be adopted by a foreigner: 15 days from the date of receipt of the dossier submitted by the Department of Justice.
- The time the adopter being present in Vietnam to directly adopt the child: 60 days from the date of receipt of the notification of the Department of Justice or no more than 90 days if with an appropriate reason for failure of time-limit of 60 days.
Entities carrying out the administrative procedure:
Foreign adoption offices, foreigners permanently residing abroad, Vietnamese residing abroad and foreigners working and studying in Vietnam for at least 01 year of submitting the application of the adoption, fees and expenses (if any) when carrying out administrative procedures.
Child nurturing centers/institutions submit the application of the child to be introduced for adoption.
Authority to decide: The Provincial People's Committee where the person to be adopted permanently resides.
Agencies carrying out the administrative procedure: the Department of Adoption under the Ministry of Justice; the Provincial People's Committee; the Provincial Department of Justice.
Coordinating agencies: The managing agency of the nurturing centers/institutions (depending on each case, may be the Department of Labor - War Invalids and Social Affairs, District People's Committee, Red Cross Association, Sponsoring Association for People with Disabilities and Orphans ...); the Provincial Department of Public Security; The commune-level People's Committee of the place where the biological parents of the child last resides, in the case of abandoned children, the Provincial Department of Public Security has verified the biological parents' information but has not been able to contact them.
Results of the administrative procedure: decision to allow the child's intercountry adoption.
Fees and charges:
In case a foreigner permanently residing abroad or an overseas Vietnamese submits an application for adoption of a Vietnamese child through a foreign child adoption office, fees and expenses shall be paid through this office.
+) Fees: 9,000,000 VND/case
For those who adopt two or more siblings, the fee is reduced by 50% from the second child onward. Meanwhile, cases of registration of de facto adoptions and adoption re-registration are eligible for fee exemption.
+) Expenses for intercountry adoption settlement: VND 50 million per case
Those who adopt children with disabilities or a dangerous diseases are exempt from this expense.
+) For fees: after the Department of Adoption receiving and issuing the application number of the adopting person.
+) For expenses: after the adopter agreeing to the child referral result.
Application and declaration forms:
- Application for Vietnamese child intercountry adoption (Used for adoption of a child living in nurturing centers/institution)
- Documents on the remarkable characteristics, hobbies and habits of the adopted child.
Requirements and conditions for the administrative procedure:
- Adopting persons meet the following conditions:
+) Satisfying the conditions prescribed by the laws of the country where adopting persons permanently reside;
+) Satisfying the conditions specified in Article 14 of the Law on Adoption, including:
i) Having full civil act capacity;
ii) Being 20 years or more older than the to-be-adopted child;
iii) Having health, financial and accommodation conditions for assuring the care for and nurture and education of the adopted child;
iv) Having good ethical qualities;
v) Not falling into one of the following cases that are not allowed to adopt a child:
+ Having some of the parental rights over a minor child restricted:
+ Currently serving an administrative handling decision at an educational institution or medical treatment establishment;
+ Currently serving an imprisonment penalty:
+ Having a criminal record of commission of any of the crimes: intentionally infringing upon another's life, health, dignity and honor; maltreating or persecuting one's grandparents, parents, spouse, children, grandchildren or caretaker; enticing or compelling a minor to violate the law or harboring a minor violator; trafficking in. fraudulently swapping or appropriating children, which has not been remitted yet.
- Adopted persons meet the following conditions:
+) Children under 16 years;
+ Children are orphans, abandoned and in other disadvantaged circumstances living in nurturing centers;
+) A person may be adopted by only one single person or two persons being husband and wife.
Legal bases for the administrative procedure:
- Law on Adoption;
- Decree No. 19/2011/ND-CP dated March 21, 2011 by the Government detailing the implementation of a number of articles of the Law on Adoption;
- Decree No. 24/2019/ND-CP dated March 5, 2019 by the Government amending and supplementing a number of articles of the Government’s Decree No. 19/2011/ND-CP of March 21, 2011, detailing the implementation of a number of articles of the Law on Adoption;
- Decree No. 114/2016/ND-CP dated July 8, 2016 by the Government on adoption registration fee and fee for grant of operation licenses of foreign adoption organizations.
- Circular No. 10/2020/TT-BTP dated December 28, 2020 by the Minister of Justice promulgating and providing guidelines for recording, use, management and archive of books, templates and dossiers for adoption.
- Joint Circular No. 146/2012/TTLT-BTC-BTP dated 7 September 2012 by the Ministry of Finance and the Ministry of Justice stipulating the estimation, management, use and settlement of funds for specialized and professional activities in the adoption from collected fees for adoption registration, grant, extension and modification of licenses of foreign adoption organizations and expenses for inter-country adoption processing.
- Circular No. 21/2011/TT-BTP dated November 21, 2011 by the Ministry of Justice on the management of foreign adoption offices in Vietnam;
- Circular No. 267/2016/TT-BTC dated November 14, 2016 by the Minister of Finance stipulating the estimation, management, use and settlement of state funds for adoption and for grant, extension and modification of licenses of foreign adoption organizations in Vietnam.
* Attachments:
Procedures for adoption involving foreign elements in cases the stepfather or stepmother adopts a stepchild; a natural aunt or uncle adopts a nephew or cousin
Order of execution:
i) Preparing dossiers for child to be adopted
The natural parents or guardians shall compile a dossier of the to-be-adopted child and send it to the Department of Justice where the to-be-adopted child permanently resides.
The Department of Justice shall examine the dossier and gather opinions from relevant parties after receiving a complete and valid dossier.
- After completing the examination and verification, if seeing that the child is eligible for intercountry adoption, the provincial Department of Justice shall issue a certificate to this effect and send it to the applicant and the Department of Adoption, attaching to the child's dossier, written consents for child adoption of natural parents or guardians and child aged full nine years or older.
ii) Adopter apply his/her dossier and of to-be-adopted child (scan) to the Department of Adoption.
- The Department of Adoption shall examine and appraise the dossiers of the adopter and to-be-adopted child. In the case of refusal, it shall return the dossier to the adopter and provide a written answer specifying reasons for such refusal.
In case of application approval:
+) For cases of adopters residing in a countries which have not yet signed agreements on child adoption with Vietnam within the framework of the Hague Convention: The Department of Adoption shall transfer the dossiers of application for adoption to the Department of Justice of the locality where the to-be-adopted child permanently resides to submit to the Provincial People's Committee for consideration and decision.
+) For cases of adopters residing in the countries which have signed agreements on child adoption cooperation with Vietnam within the framework of the Hague Convention: The Department of Adoption shall notify in writing the adopter and the central adoption agency of the country in which he/she permanently resides, attaching to the assessment report on the child eligible for adoption abroad and the written consent for adoption of the natural father, mother or guardians and children aged full nine years or older.
- After receiving a document of the competent agency of the country in which the adopter permanently resides certifying that the child will be allowed to enter and permanently reside in the country in which child is adopted, the Department of Adoption shall transfer the application dossier of the adopter to the Department of Justice of the locality where the to-be-adopted child permanently resides for submission to the Provincial People's Committee for consideration and decision of adoption abroad. In the case of such entry and permanent residence is refused, the Department of Adoption returns the dossier and clearly states the reason in writing to the adopter and informs the Department of Justice.
- After the decision of the Provincial People's Committee is issued, the Department of Justice shall notify the adopter to come to Vietnam for receiving the child.
- The Department of Justice shall register the adoption and organize an adoption ceremony. At the adoption ceremony, the Department of Justice assigns the adoptive parents 01 set of the child's dossier, the written opinion of the natural father (or mother) or guardians and opinions of children aged full nine years or older with respect to the child adoption.
- The Ministry of Justice shall issue a Certificate of Adoption with foreign elements in accordance with the Hague Convention (if required).
Method of implementation:
- Dossier of the person to be adopted shall be submit at the Department of Justice.
- Dossier of the adopting person: shall be submitted at the Department of Adoption in person; or authorize in writing a relative or relative permanently residing in Vietnam to submit the dossier at the Department of Adoption or sent via postal services to the Department of Adoption.
Dossier components:
The dossier of an adopter includes:
- Application for Vietnamese child intercountry adoption (Used for adoption of a step – child or biological niece/nephew)
- Copy of Passport or a valid substitute document;
- A written permission to adopt a child in Vietnam;
- Psychological and family survey;
- Written confirmation of health status;
- Written confirmation of income and assets;
- Criminal record certificate;
- Written certification of marital status:
+ In case the adopter is married: Marriage certificate.
+ In case the adopter is a single: Certificate of marital status.
- Documents proving that the applicant belonging the case of adoption of a specific child, including:
+ A copy of the marriage certificate of the stepfather/stepmother with the biological mother/father of the adopted person.
+ Papers and documents to prove that the applicant is the aunt, uncle of the adopted person.
Notes: Papers and documents prepared and issued by competent foreign agencies must be:
* consularly legalized by the Consular Department, the Ministry of Foreign Affairs of Vietnam, the Diplomatic Mission or the Consular Office of Vietnam abroad, except for cases exempted from consular legalization under a treaty to which the Socialist Republic of Vietnam is a contracting party or on the reciprocity principle.
* Translate into Vietnamese and the translation must be authenticated by the signature of the translator in accordance with the provisions of Vietnamese law on signature authentication.
The dossier of a child to be adopted includes:
- Birth certificate;
- A health certificate issued by a district-or higher-level health agency;
- Two photos of the whole body looking straight, taken within 6 months;
- The death certificate of the natural parent(s) or a court decision declaring the natural parent(s) of the child is (are) dead, for orphans; a court decision declaring the natural parent(s) of the person introduced for adoption is (are) missing, for persons introduced for adoption whose parent(s) is (are) missing; a court decision declaring the natural parent(s) of the person introduced for adoption have lost civil act capacity, for persons introduced for adoption whose parent(s) has (have) lost civil act capacity;
- The written consent for adoption by natural parents, guardians and child aged 9 years and over;
- A document from the Department of Justice certifying that the child is eligible for foreign adoption.
- Documents on the remarkable characteristics, hobbies and habits of the child (for the case the aunt, uncle, aunt, uncle or aunt adopts the child).
- In case of a child as a sibling of a previous adopted child: A copy of the decision of the competent Vietnamese authority for the adopter to adopt the such child and papers and documents to prove that he/she and the adopted child are siblings.
- Quantity of dossiers submitted to the Department of Adoption by the adopting person:
The dossier of adopting person: 02 sets.
The dossier of child to be adopted: 03 sets to be submitted to the Department of Justice and 01 scan of the dossier submitting at the Department of Adoption.
Time limit for settlement:
- The Department of Justice inspecting documents, gathering ideas from relevant parties and certifying the child is eligible for foreign adoption: 20 days from the date of receipt of a complete and valid dossier.
- For concerned people to change their consent on the child adoption: 30 days from the date of obtaining of opinions.
- For the cases of children being adopted in countries which have not yet signed agreements on adoption cooperation with Vietnam: Time limit for the Department of Adoption to examine and appraise the dossier of the adopter and the to-be-adopted child and forward the dossier to the Department of Justice: 15 days from the date of receipt of a complete and valid dossier, fees paid as prescribed.
- For the cases of children being adopted in countries which have signed agreements on adoption cooperation with Vietnam:
+ Time limit for the Department of Adoption to examine and appraise the dossier of the adopter and the to-be-adopted child and notify the competent agency of the country in which the adopter permanently resides: 15 days from the date of receipt of a complete and valid dossier, fees paid as prescribed.
+ Time for the Department of Adoption to notify the Provincial Department of Justice: 15 days after receiving a document of the competent agency of the country in which the adopting person permanently resides certifying that the child will be allowed to enter and permanently reside in the country in which child is adopted.
- The time limit for the provincial People's Committee to issue a decision for the child to be adopted by a foreigner: 15 days from the date of receipt of the dossier submitted by the Provincial Department of Justice.
- The time the adopter being present in Vietnam to directly adopt the child: 60 days from the date of receipt of the notification of the Department of Justice or no more than 90 days if with an appropriate reason for failure of time-limit of 60 days.
Competent authority to decide: The Provincial People's Committee where the to-be-adopted child permanently resides.
Agencies directly carrying out the administrative procedure: the Provincial Department of Justice, the Department of Adoption under the Ministry of Justice.
Entities carrying out the administrative procedure:
Adopters residing abroad are stepfather/stepmother adopts a stepchild; a natural aunt or uncle adopts a nephew or cousin of to-be-adopted children.
- The biological parents or guardians shall compile dossiers of the to-be-adopted children.
Application and declaration forms:
- Application for Vietnamese child intercountry adoption (Used for adoption of a step – child or biological niece/nephew)
- Documents on the remarkable characteristics, hobbies and habits of the adopted child (Used for adoption of a step – child or biological niece/nephew)
Fees and charges:
Form of fee payment: transfer or directly pay at Ba Dinh State Treasury.
- Fees:
+ Apply 50% reduction of foreign adoption registration fees: VND 4,500,000/case of adopting 01 child.
+ In case two or more children are adopted as siblings at the same time: they can choose to apply the above fee reduction or apply the 50% reduction of the registration fee for foreign adoption from children. second or later to be adopted (the fee has not been reduced: VND 9,000,000/case).
- Expenses: not specified
- Deadline for payment of fees: after the Department of Adoption receiving and issuing the application number of the adopting person.
Results of the administrative procedure: decision to allow the child's intercountry adoption.
Requirements and conditions for the administrative procedure:
- Adopters must meet the following conditions:
+ Satisfying the conditions prescribed by the laws of the country where adopters permanently reside;
+ Satisfying the conditions specified in Article 14 of the Law on Adoption, including:
i) Having full civil act capacity;
ii) Having health, financial and accommodation conditions for assuring the care for and nurture and education of the adopted child;
iii) Having good ethical qualities;
iv) Not falling into one of the following cases that are not allowed to adopt a child:
+ Having some of the parental rights over a minor child restricted:
+ Currently serving an administrative handling decision at an educational institution or medical treatment establishment;
+ Currently serving an imprisonment penalty:
+ Having a criminal record of commission of any of the crimes: intentionally infringing upon another's life, health, dignity and honor; maltreating or persecuting one's grandparents, parents, spouse, children, grandchildren or caretaker; enticing or compelling a minor to violate the law or harboring a minor violator; trafficking in. fraudulently swapping or appropriating children, which has not been remitted yet.
ii) Being 20 years or more older than the to-be-adopted child;
According to Clause 3, Article 14 of the Law on Adoption, this procedure does not apply the following conditions: the adopter being 20 years or more older than the to-be-adopted child and having health, financial and accommodation conditions for assuring the care for and nurture and education of the to-be-adopted child.
- To-be-adopted persons meet the following conditions:
+ Children under 18 years;
+ A person may be adopted by only one single person or two persons being husband and wife.
Legal bases for the administrative procedure:
- Law on Adoption;
- Decree No. 19/2011/ND-CP dated March 21, 2011 by the Government detailing the implementation of a number of articles of the Law on Adoption;
- Decree No. 24/2019/ND-CP dated March 5, 2019 by the Government amending and supplementing a number of articles of the Government’s Decree No. 19/2011/ND-CP of March 21, 2011, detailing the implementation of a number of articles of the Law on Adoption;
- Decree No. 114/2016/ND-CP dated July 8, 2016 by the Government on adoption registration fee and fee for grant of operation licenses of foreign adoption organizations.
- Circular No. 10/2020/TT-BTP dated December 28, 2020 by the Minister of Justice promulgating and providing guidelines for recording, use, management and archive of books, templates and dossiers for adoption.
- Joint Circular No. 146/2012/TTLT-BTC-BTP dated 7 September 2012 by the Ministry of Finance and the Ministry of Justice stipulating the estimation, management, use and settlement of funds for specialized and professional activities in the adoption from collected fees for adoption registration, grant, extension and modification of licenses of foreign adoption organizations and expenses for inter-country adoption processing.
- Circular No. 21/2011/TT-BTP dated November 21, 2011 by the Ministry of Justice on the management of foreign adoption offices in Vietnam;
- Circular No. 267/2016/TT-BTC dated November 14, 2016 by the Minister of Finance stipulating the estimation, management, use and settlement of state funds for adoption and for grant, extension and modification of licenses of foreign adoption organizations in Vietnam.
* Attachments:
Re-registration of adoption involving foreign elements
Order of execution:
- Applicants for adoption re-registration prepares dossiers as required and submit them at the Department of Justice in which adoptive parents and adopted children permanently residing or of place registered adoption.
The Department of Justice shall submit to the Provincial People's Committee to issue a Decision on the adoption of Vietnamese child abroad for granting to the applicant for re-registration.
Method of implementation: The dossier be submitted in person at the Department of Justice.
Dossier components:
The application for re-registration of adoption. In case re-registration at the Department of Justice in which are not the places formerly registered adoption, the application must have commitment by the applicant for re-registration for the faith of formerly registered adoption and having signatures of at least two witnesses.
Time limit for settlement: Within five working days from the date of receiving the complete and valid dossiers
Authority to decide: The Provincial People’s Committee
Agency directly carrying out the administrative procedure: the Provincial Department of Justice
Coordinating agencies: None
Entities carrying out the administrative procedure: Individuals who have demand for re-registration of adoption.
Form and templates[1]: Application for re-registration of adoption.
Fees and charges: None.
Results of the administrative procedure: Decision on child adoption involving foreign elements.
Requirements and conditions carrying out the administrative procedure (if any):
- Adoption registered at competent state agencies of Vietnam but both civil status book and the original adoption registration certificate lost or ruined so that they are unused;
- Both adoptive parents and adopted children still alive at the time of re-registration.
Legal bases for the administrative procedure:
- Law on Adoption;
- Decree No. 19/2011/ND-CP dated March 21, 2011 by the Government detailing the implementation of a number of articles of the Law on Adoption;
- Decree No. 114/2016/ND-CP dated July 8, 2016 by the Government on adoption registration fee and fee for grant of operation licenses of foreign adoption organizations.
- Circular No. 10/2020/TT-BTP dated December 28, 2020 by the Minister of Justice promulgating and providing guidelines for recording, use, management and archive of books, templates and dossiers for adoption.
- Circular No. 267/2016/TT-BTC dated November 14, 2016 by the Minister of Finance stipulating the estimation, management, use and settlement of state funds for adoption and for grant, extension and modification of licenses of foreign adoption organizations in Vietnam.
[1] The application form is changed in accordance with the Circular No. 10/2020/TT-BTP dated December 28, 2020 by the Minister of Justice promulgating and providing guidelines for recording, use, management and archive of books, templates and dossiers for adoption.
* Attachments:
Resolving the adoption of Vietnamese children by foreigners permanently residing in Vietnam
Order of execution:
- Foreigners permanently residing in Vietnam who adopt children submit their dossiers and those of the to-be-adopted children at the Department of Justice in which the person introduced for adoption permanently resides;
- The Department of Justice shall examine the dossier and gather opinions from relevant persons:
+ Governmental officials shall receive and inspect dossiers. While inspecting dossiers, the officials must research, study the concerned persons’ innermost feelings, aspiration and circumstance. In case the adopted persons have natural parents still alive, the official inspect if the natural parents and adopting parents have agreement to keep rights, obligations toward their children and the method to carried out such rights, obligations after children were allowed to be adopted.
+ Governmental officials collect opinions from relevant people:
When collecting opinions from relevant people, the officials must:
i) consult to help children continue be cared for, nurtured, educated which are suitable with the families’ conditions and real capabilities.
ii) fully consult for concerned persons about adoption’s purpose; rights and obligations arising between adoptive parents and adopted children after adoption registering; the natural parents no longer have rights and obligations to care for nurture, provide financial support for, represent at law, pay damages for, manage and dispose of personal property of, their child already adopted unless otherwise agreed upon between the natural and adoptive parents.
iii) Explain to concerned persons the right to change their consent within 15 days from the date of being asked for their ideas. If this time is terminated, the concerned persons may not change their ideas for allowing children to be adopted.
- The Department of Justice submits to the Provincial People's Committee for consideration and decision;
- The People's Committee issues a decision on the adoption of Vietnamese children by foreigners;
- The Department of Justice shall register the adoption according to the law provisions on civil status registration and organize the child adoption ceremony at the office of the Department of Justice.
- In the case of refusal, the Department of Justice shall reply in writing, specifying the reasons thereof.
- The Department of Justice shall submit to the Provincial People's
Method of implementation: The dossier shall be directly submitted at the Department of Justice.
Dossier components::
Profile of the adopter:
- Application for Vietnamese child;
- Copy of passport or ID Card or a valid substitute paper;
- Criminal record certificate;
- Written certification of marital status:
+ In case the adopter is married: Marriage certificate.
+ In case the adopter is a single: Certificate of marital status.
- Written confirmation of health status;
- A health certificate granted by a district-or higher-level health agency;
- A written certification of family circumstances and housing and economic conditions granted by the commune-level People's Committee of the place in which the adopting person permanently resides.
Profile of person to be adopted:
- Birth certificate;
- A health certificate issued by a district-or higher-level health agency;
- Two photos of the whole body looking straight, taken within the past 6 months;
- A minutes of certification made by the commune-level People's Committee or police of the place in which the child is abandoned, for abandoned children; the death certificate of the natural parent(s) or a court decision declaring the natural parent(s) of the child is (are) dead, for orphans; a court decision declaring the natural parent(s) of the person introduced for adoption is (are) missing, for persons introduced for adoption whose parent(s) is (are) missing; a court decision declaring the natural parent(s) of the person introduced for adoption have lost civil act capacity, for persons introduced for adoption whose parent(s) has (have) lost civil act capacity;
- The admission decision for children in nurturing centers.
Quantity of dossiers: 01 set.
Time limit for settlement:
- The Department of Justice examines the dossier and collects opinions: 20 days from the date of receipt of a complete and valid dossier;
- Time limit for concerned persons to change their consent to the child to be adopted abroad: 15 days from the date of being asked for their ideas.
- The Provincial People's Committee shall issue a decision: 15 days from the date of receipt of the dossier submitted by the Provincial Department of Justice.
Authority competent to decide: the Provincial People's Committee where the child to be adopted permanently resides.
Agency directly carrying out administrative procedures: Department of Justice of the place in which the child to be adopted permanently resides.
Coordinating agency: No.
Entities carrying out the administrative procedure: Foreigners permanently residing in Vietnam who adopt Vietnamese children.
Application and declaration forms:
- Application for adoption of Vietnamese children abroad;
- Application for adoption of Vietnamese children as foreign children (used for adoption of stepchildren and biological grandchildren).
Fees: 4,500,000 VND/case.
Results of the administrative procedure: The adoption decision with foreign elements.
Requirements and conditions for carrying out the administrative procedure:
An adopter must fully satisfy the following conditions:
- Having full civil act capacity;
- Being 20 years or more older than the adopted person. This condition does not apply for the case of a step father or step mother adopts a step child or a natural aunt or uncle adopts a nephew or cousin.
- Having health, financial and accommodation conditions for assuring the care for and nurture and education of the adopted child. This condition does not apply for the case of a step father or step mother adopts a step child or a natural aunt or uncle adopts a nephew or cousin.
- Having good ethical qualities.
The following persons may not adopt a child:
- Having some of the parental rights over a minor child restricted:
- Currently serving an administrative handling decision at an educational institution or medical treatment establishment;
- Currently serving an imprisonment penalty:
- Having a criminal record of commission of any of the crimes: intentionally infringing upon another's life, health, dignity and honor; maltreating or persecuting one's grandparents, parents, spouse, children, grandchildren or caretaker; enticing or compelling a minor to violate the law or harboring a minor violator; trafficking in fraudulently swapping or appropriating children, which has not been remitted yet.
Children to be adopted must meet the following conditions:
- Children under 16 years. Children aged between full 16 years and under 18 years falling into the cases of to be adopted by the step father or step mother; or a natural aunt or uncle.
- A child may be adopted by only one single person or two persons being husband and wife.
Legal bases for the administrative procedure:
- Law on Adoption;
- Decree No. 19/2011/ND-CP dated March 21, 2011 by the Government detailing the implementation of a number of articles of the Law on Adoption;
- Decree No. 114/2016/ND-CP dated July 8, 2016 by the Government on adoption registration fee and fee for grant of operation licenses of foreign adoption organizations.
- Circular No. 10/2020/TT-BTP dated December 28, 2020 by the Minister of Justice promulgating and providing guidelines for recording, use, management and archive of books, templates and dossiers for adoption.
- Circular No. 267/2016/TT-BTC dated November 14, 2016 by the Minister of Finance stipulating the estimation, management, use and settlement of state funds for adoption and for grant, extension and modification of licenses of foreign adoption organizations in Vietnam.
* Attachments:
Recording the child adoption already processed by the foreign competent authority in the adoption registration book
Order of execution:
- The applicant for recording the child adoption already processed by the foreign competent authority in the adoption registration book shall complete the required dossier and submit it at the district-level People's Committee.
- The recipient shall inspect the dossier, comparing the information in the application and the validity of the papers in the dossier submitted and presented by the applicant.
- For the dossier is complete, the recipient shall write a dossier receipt, specifying the date and time to return the results. If dossier is incomplete, the applicant shall be guided to supplement and complete the application as prescribed; In case it is not possible to supplement or complete the dossier immediately, a written instruction must be made, specifying documents to be supplemented, completed as prescribed.
If finding that the request for recording the child adoption already processed by the foreign competent authority in the adoption registration book fully meets the requirements of law, the Justice Division shall report to the Chairman of the district-level People's Committee. In case of consent, the Chairman of the district-level People's Committee shall issue an extract to the applicant for recording the child adoption already processed by the foreign competent authority in the adoption registration book; then official in charge of adoption registration shall record such adoption in the adoption registration book according to regulations.
Method of implementation:
- The applicant can directly perform or authorize another person to perform;
- The dossier can be submitted in person at the competent district-level People's Committee or sent via the postal system.
Dossier components:
Documents to be presented:
- Passport/ID card/citizen identity card/another papers containing photo and personal information that has been issued by a competent authority and remaining valid for the identity verification purpose.
- Papers proving the place of residence to determine the competence record the adoption settled at a foreign competent agency.
In case the application is sent via a postal service, it must be enclosed with certified copies of the presented papers as mentioned above.
Papers to be submitted:
- An application for recording the child adoption in the civil status book;
- Certified copies of papers proving that the child adoption already processed by the foreign competent authority.
- The power of attorney (certified) as prescribed by law in case of the applicant will authorize a third party to carry out his/her application. In case the authorized person is a grandfather, grandmother, father, mother, child, wife, husband, brother, sister or younger brother of the authorizing person, the power of attorney is not required to be authenticated.
- A certificate of conformity issued by the foreign competent authority stating that the adoption has been processed in accordance with the international treaty (in case where the adoption has been processed in accordance with an international agreement of which Vietnam and the adoption-processing country are members.)
Notes for papers:
- If the applicant submits copies issued from the master register or certified from originals, the receiving person may not require the presentation of the originals; if the applicant submits copies and present their originals, the receiving person shall collate them and bear signatures in the copies to certify that these documents have been collated, not require any other copies of these documents.
- For papers presented for civil status registration, the receiving person is responsible for checking and comparing with the information in the declaration, photocopying or recording information to save in the dossier and return them to the presenter, may not be required to submit copies or photocopies of such papers.
Papers granted, notarized or certified by competent foreign agencies for civil status registration in Vietnam shall be consularly legalized in accordance with law, unless they are exempted under a treaty to which Vietnam is a contracting party.
Any document written in foreign language shall be translated to Vietnamese; the translation shall be notarized or the translator's signature shall be certified as prescribed by law.
Quantity of dossier sets: 01 set.
Time limit for settlement:
- On the very day of receiving the application.
- In case of necessity to verify, the time limit for settlement shall not exceed 03 working days.
The competent authority to decide: The People's Committee of the district where the Vietnamese citizen resides.
The agency directly carrying out the administrative procedure: district-level Division of Justice.
Coordinating agency: Department of Adoption under the Ministry of Justice, the Provincial Department of Justice.
Entities carrying out the administrative procedure: Individuals who request for recording the adoption settled at the foreign competent agencies .
Application and declaration forms: Declaration for recording in the Civil status book of the adoption.
Fees and charges:
According to the fee rate set by the provincial People's Councils. Exemption of fees for people from families with meritorious services to the revolution; poor households; the disabled.
Results of administrative procedures: The extract recorded in the Civil status book of the adoption registered at a competent authorities of foreign countries.
Requirements and conditions for carrying out administrative procedures:
Adoptions between Vietnamese citizens or between Vietnamese citizens and foreigners, which have been already processed by competent authorities in foreign countries, shall be recorded in the adoption registration books, if the adoptions fall under one of the following circumstances:
- The adoption has been processed in accordance with an international agreement of which Vietnam and the adoption-processing country are members.
- The adoption has been processed in accordance with foreign law, unless the adoption processing constitutes a violation of fundamental principles of the law of the Socialist Republic of Vietnam.
Legal bases for the administrative procedure:
- Law on civil status 2014;
- Decree No. 123/2015/ND-CP dated November 15, 2015 by the Government detailing a number of articles and measures to implement the Law on Civil Status;
- Decree No. 19/2011/ND-CP dated March 21, 2011 by the Government detailing a number of articles of the Law on Adoption;
- Decree No. 24/2019/ND-CP dated March 5, 2019 by the Government amending and supplementing a number of articles of Decree No. 19/2011/NDCP by the Government dated 21 March 2011 providing in detail for the implementation of a number of articles of the Law on Adoption;
- Circular No. 04/2020/TT-BTP dated May 28, 2020 by the Minister of Justice guiding the implementation of a number of articles of the Law on civil status and Decree No. 123/2015/ND-CP dated November 15, 2015 by the Government detailing a number of articles and measures to implement the Law on civil status;
- Circular No. 10/2020/TT-BTP dated December 28, 2020 by the Minister of Justice promulgating and providing guidelines for recording, use, management and archive of books, templates and dossiers for adoption.
- Circular 85/2019/TT-BTC dated November 29, 2019 by the Minister of Finance guiding on fees and charges falling under the decision-making authority of the People’s Councils of provinces and centrally run cities.
* Attachments:
Procedures for birth registration involving foreign elements
Order of execution:
- An applicant for birth registration shall submit the birth registration dossiers at the competent district-level People's Committees.
- The recipient shall inspect the entire dossier, compare if documents are appropriate to the application form and they are all valid.
In case of sufficient and satisfactory application, the recipient shall make a receipt note specifying an appointment to give processing results.
In case of insufficient application, the applicant shall be instructed on how to revise the application as per regulations.
In case the applicant cannot revise the application immediately, the recipient shall draw up an instructional document specifying the documents/contents needing to be added and put the recipient’s signature and full name to the document.
Immediately after receiving full papers, if finding that the birth registration information is complete and proper, the Justice Division shall report to the Chairman of the district-level People's Committee to grant a birth certificate to the person whose birth is registered. Then, the registrar shall record the birth registration information in the birth registration book. When announcing the civil registration result, the registrar shall instruct the applicant to check the contents of the birth certificate and the birth registration book. The registrar and birth declarant shall together sign in the book and an original birth certificate shall be issued to the person whose birth is registered.
In case a parent chooses Vietnamese nationality for their child, the registrar shall update birth information according to the instructions to obtain a personal identification number.
Mode of implementation:
- An applicant for birth registration shall directly perform or authorize other persons to register for birth.
- The dossier for birth registration can be submitted in person at the competent district-level People's Committees or sent via the postal system or through the online civil status registration system.
Dossier components:
Papers to be presented:
- Passport/ID card/citizen identity card/another papers containing photo and personal information that has been issued by a competent authority and remaining valid for the applicant’s identity verification purpose.
- Papers proving the place of residence to determine the competence to make birth registration.
- A Marriage certificate if parents have registered their marriage.
- In case a child whose parents either is or parents both are Vietnamese citizen(s) was born abroad but has not have birth registered and taken to reside in Vietnam, it is required to present documents proving the child's lawful entry into Vietnam (such as passports, papers valid international travel with entry certification stamp by the immigration authority) and a written certification by competent public security to the effect that the child is residing in Vietnam.
In case the application is sent via a postal service, it must be enclosed with certified copies of the presented papers as mentioned above.
Papers to be submitted:
- An application form for birth registration as prescribed;
- A certificate of live birth;
If having no certificate of live birth, a document of a witness certifying the birth shall be submitted; if there is no witness, there must be a written pledge of the birth.
- A certificate of live birth or live birth certificate substitute document issued by the foreign competent authority certifying that the child was born abroad and mother-child relationship (if any) in case the child was born abroad.
- An agreement on selection of child’s nationality in case where one child’s parent is a Vietnamese citizen and the other is a foreign citizen.
- In case the child’s parent chooses a foreign citizenship for the child upon birth registration, besides the written consent to such choosing, a confirmation that such choosing conforms to the foreign country's law from the competent authority of the foreign country is required.
- The power of attorney (certified) as prescribed by law in case of authorization to carry out birth registration.
* Notes:
- For documents submitted and presented:
+ For Vietnamese citizens, proof of residence and marriage certificate are only presented during the period when the National Population Database and the National Electronic Civil Status Database have not been completed and uniformly implemented nationwide (transitional phase).
+ For documents presented for civil registration, the recipient shall inspect and compare them with information in the application, copy or record information for retention purpose and return the documents to the person presenting them, and shall not request copies or photocopies of such documents to be submitted.
+ Civil registration applicants may submit certified copies or copies issued from the master registers or photocopies together with their originals for comparison. In case an applicant submits photocopies and present their originals, the application recipient shall inspect and compare the photocopies with their original and countersign and shall not request the applicant to submit these copies.
+ Papers granted, notarized or certified by competent foreign agencies for civil status registration in Vietnam shall be consularly legalized in accordance with law, unless they are exempted under a treaty to which Vietnam is a contracting party. Any document written in foreign language shall be translated to Vietnamese; the translation shall be notarized or the translator's signature shall be certified as prescribed by law.
+ The recipient is responsible for properly and fully receiving civil status registration dossiers in accordance with the civil status law, and must not require civil status registrants to submit additional papers which are not required by civil status law.
+ In case the applicant for birth registration of a child is his/her grandparent or another relative, the authorization letter from the child’s parent(s) is not required but the child’s parent(s) must agree on the contents of the birth certificate.
- For determining the last name, ethnicity and name of the child:
+ The last name, ethnicity and full name of the child must be determined in compliance with regulations of laws and in a manner that honors national identity and fine traditions and customs of Vietnam; the name shall not be too long or hard to use.
+ In case the parents fail to reach an agreement on the last name, ethnicity and native place of their child upon birth registration, the last name, ethnicity and native place of the child shall be determined according to customs but the child must take on the last name, ethnicity and native place of the mother or the father.
Quantity of dossier: 01 set.
Time limit for settlement: On the very day of receiving the application. In case the application is received after 15h00 and cannot be resolved immediately, the results will be returned in the next working day.
Entities carrying out the administrative procedure: Individuals.
The competent authority to decide:
- District-level People’s Committees of places of residence of fathers or mothers shall register birth for children born in Vietnam in the following cases:
+ Having a parent being a Vietnamese citizen and the other being a foreigner or a stateless person;
+ Having a parent being a Vietnamese citizen residing in the country and the other being a Vietnamese citizen residing abroad;
+ Having both parents being Vietnamese citizens residing abroad;
+ Having both parents being foreigners or stateless persons.
- District-level People’s Committees of places of residence of a child whose father or mother or both parents are Vietnamese citizens shall register birth for a child born abroad but no have birth registered and taking to reside in Vietnam.
The agency directly carrying out the administrative procedure: District-level Division of Justice shall receive the dossier and advise the district-level People's Committee chairperson to consider and decide.
Coordinating agency: None
Results of administrative procedures: The birth certificate (original)
Fees and charges:
According to the fee rate set by the provincial People's Councils. Exemption of fees for people from families with meritorious services to the revolution; poor households; the disabled.
Application and declaration forms: Application for birth registration
Legal bases for the administrative procedure:
- Law on civil status 2014;
- Decree No. 123/2015/ND-CP dated November 15, 2015 by the Government detailing a number of articles and measures to implement the Law on Civil Status;
- Circular No. 04/2020/TT-BTP dated May 28, 2020 by the Minister of Justice guiding the implementation of a number of articles of the Law on civil status and Decree No. 123/2015/ND-CP dated November 15, 2015 by the Government detailing a number of articles and measures to implement the Law on civil status;
- Circular 85/2019/TT-BTC dated November 29, 2019 by the Minister of Finance guiding on fees and charges falling under the decision-making authority of the People’s Councils of provinces and centrally run cities.
* Attachments:
Procedures for marriage registration involving foreign elements
Order of execution:
- An applicant for marriage registration shall submit the marriage registration dossiers at the competent district-level People's Committees.
- The recipient shall inspect the entire dossier, compare if documents are appropriate to the application form and they are all valid.
In case of sufficient and satisfactory application, the recipient shall make a receipt note specifying an appointment to give processing results.
In case of insufficient application, the applicant shall be instructed on how to revise the application as per regulations.
In case the applicant cannot revise the application immediately, the recipient shall draw up an instructional document specifying the documents/contents needing to be added and put the recipient’s signature and full name to the document.
The district-level Division of Justice shall review and appraise the application for marriage registration. If there is any complaint or denunciation that the marriage conditions have not been fulfilled according to regulations in the Law on Marriage and Family or it is deemed that some issue concerning the record of the male or female partner or a document in the application needs to be clarified, the district-level Division of Justice shall cooperate with relevant authorities in verification.
During the investigation and verification process, if necessary, the district-level Division of Justice may meet the parties in person to clarify their records, whether they enter into the marriage voluntarily and the marriage purpose.
- If the application is considered satisfactory, and both partners meet conditions for marriage as prescribed in the Law on marriage and family and are not subject to refusal cases prescribed in the Law, the Division of Justice shall request the Chairman of district-level People’s Committee to sign 2 originals of marriage certificate.
- Division of Justice shall grant marriage certificates to the partners in person.
- Upon marriage registration, both male and female partners must be present at the head office of the People’s Committee, the registrar shall ask for opinions of the male and female partners. If seeing that they voluntarily marry each other, the registrar shall record the marriage in the civil status book. The registrar shall guide the two parties to check the contents of the marriage certificate and the marriage registration book. If both male and female partners deem the contents correct and consistent with the application, then they and the registrar shall sign in the civil status book. The male and female partners shall both sign in the marriage certificate.
If either or both partner(s) cannot present to receive marriage certificate(s), the Division of Justice shall, upon their request in writing, give an extension of granting period providing not exceeding 60 days, from the date on which the Chairman of People’s Committee of district signs marriage certificates. Upon expiration of such 60-day period, if both partners fail to present and receive marriage certificates, the District Division of Justice shall request the Chairman of People’s Committee of district to cancel the signed marriage certificates.
If the partners still wish to get married thereafter, they shall follow the procedures for marriage registration from the beginning.
Mode of implementation:
Applicants for marriage registration directly submit the application dossier at the competent district-level People's Committee (the male or female party can directly submit the application without the written authorization of the other party).
Dossier components:
Papers to be presented:
- Passport/ID card/citizen identity card/another papers containing photo and personal information that has been issued by a competent authority and remaining valid for the applicant’s identity verification purpose.
- A foreigners is required to present the original passport for his/her identity verification purpose; In case of without a passport to present, he/she can present an international travel document or a residence card.
- Papers proving the place of residence to determine the competence to make marriage registration.
* Papers to be submitted
- Application forms for marriage registration using the form as prescribed; the two partners may fill out a single application form;
- A certificate from a competent Vietnamese or foreign medical organization certifying that the both applicants have no mental issue or other diseases which prevents their act control;
- A certificate of marital status of a foreigner which is issued by a foreign competent authority, remains valid, and certifies that the holder is being single. If the foreign country does not issue a document certifying marital status, an equivalent document issued by the competent authority of the country where such persons reside, certifying the person is eligible for marriage as prescribed in law of such country is required.
The validity of foreigner’s certificate of marital status shall be determined according to the duration stated on such paper. In case the certificate of marital status does not indicate the expiry date, it and the certificate issued by the health facility is only valid for 06 months from the date of issue.
- Foreigners and Vietnamese citizens residing abroad must submit a copy of their passport/other valid substitute papers.
- Certificate of marital status of Vietnamese citizens residing in the country (only applicable for the transitional period).
* In addition to the above documents, depending on each case, the male and female parties must submit or present the following corresponding documents:
- A Vietnamese citizen who obtained divorce or granted marriage annulment at a the foreign competent authority, he/she shall submit a copy of vital records about such divorce or unlawful marriage annulment (documenting divorce record).
- A Vietnamese citizen who is an official/public employee or an armed force official, he/she shall also submit a document issued by the authority certifying that his/her marriage to the foreigner is conformable with regulations of such sector
- If the applicant for marriage registration has been going on business, studying, working under a definite term abroad, he/she must submit a certificate of marital status issued by the Vietnamese diplomatic missions, or consular agents overseas.
* Notes:
- For documents submitted and presented:
+ If the applicant submits copies issued from the master register or certified from originals, the recipient may not require the presentation of the originals; if the applicant submits copies and present their originals, the recipient shall collate them and bear signatures in the copies to certify. The recipient may not require any other copies of these documents.
+ For documents presented for civil registration, the recipient shall inspect and compare them with information in the application, copy or record information for retention purpose and return the documents to the person presenting them, and shall not request copies or photocopies of such documents to be submitted.
+ Civil registration applicants may submit certified copies or copies issued from the master registers or photocopies together with their originals for comparison. In case an applicant submits photocopies and present their originals, the application recipient shall inspect and compare the photocopies with their original and countersign and shall not request the applicant to submit these copies.
+ Papers granted, notarized or certified by competent foreign agencies for civil status registration in Vietnam shall be consularly legalized in accordance with law, unless they are exempted under a treaty to which Vietnam is a contracting party. Any document written in foreign language shall be translated to Vietnamese; the translation shall be notarized or the translator's signature shall be certified as prescribed by law.
+ The recipient is responsible for properly and fully receiving civil status registration dossiers in accordance with the civil status law, and must not require civil status registrants to submit additional papers which are not required by civil status law.
Quantity of dossier: 01 set.
Time limit for settlement: 15 days.
Entities carrying out the administrative procedure: Individuals.
The competent authority to decide:
- District-level People’s Committees of places of residence of Vietnamese citizens shall register marriages between Vietnamese citizens and foreigners; between Vietnamese citizens residing in the country and Vietnamese citizens residing abroad; between Vietnamese citizens residing abroad; and between Vietnamese citizens who also have foreign citizenship and Vietnamese citizens or foreigners.
- In case a foreigner residing in Vietnam requests marriage registration in Vietnam, the district-level People’s Committee of the place of residence of either partner shall register the marriage.
The agency directly carrying out the administrative procedure: District-level Division of Justice shall receive the dossier and advise the district-level People's Committee chairperson to consider and decide.
Coordinating agency: relevant agencies
Results of administrative procedures: The marriage certificate (two originals,
Fees and charges:
According to the fee rate set by the provincial People's Councils. Exemption of fees for people from families with meritorious services to the revolution; poor households; the disabled.
Application and declaration forms: Application form for marriage registration
Requirements and conditions for carrying out the procedure
- The man is full 20 years or older, The woman is full 18 years or older;
- The marriage is voluntarily decided by the man and woman;
- The man and woman do not lose the civil act capacity;
- Vietnamese people residing abroad must have a permanent residence permit issued by competent foreign authorities.
- The marriage does not fall into one of the cases prescribed at Points a, b, c and d, Clause 2, Article 5 of Law on Marriage and Family, including:
+ Sham marriage;
+ Underage marriage, forcing a person into marriage, deceiving a person into marriage, obstructing marriage;
+ A married person getting married to or cohabitating as husband and wife with another person, or an unmarried person getting married to or cohabitating as husband and wife with a married person;
+ Getting married or cohabitating as husband and wife between people of the same direct blood line; relatives within three generations; adoptive parent and adopted child; or former adoptive parent and adopted child, father-in-law and daughter-in-law, mother-in-law and son-in-law, or stepparent and stepchild;
* The State shall not recognize marriage between persons of the same sex.
Legal bases for the administrative procedure:
- Law on Marriage and Family 2014;
- Law on civil status 2014;
- Decree No. 123/2015/ND-CP dated November 15, 2015 by the Government detailing a number of articles and measures to implement the Law on Civil Status;
- Circular No. 04/2020/TT-BTP dated May 28, 2020 by the Minister of Justice guiding the implementation of a number of articles of the Law on civil status and Decree No. 123/2015/ND-CP dated November 15, 2015 by the Government detailing a number of articles and measures to implement the Law on civil status;
- Circular 85/2019/TT-BTC dated November 29, 2019 by the Minister of Finance guiding on fees and charges falling under the decision-making authority of the People’s Councils of provinces and centrally run cities.
* Attachments:
Procedures for death registration involving foreign elements
Order of execution:
- An applicant for death registration shall submit the death registration dossiers at the competent district-level People's Committees.
- The recipient shall inspect the entire dossier, compare if documents are appropriate to the application form and they are all valid.
In case of sufficient and satisfactory application, the recipient shall make a receipt note specifying an appointment to give processing results.
In case of insufficient application, the applicant shall be instructed on how to revise the application as per regulations.
In case the applicant cannot revise the application immediately, the recipient shall draw up an instructional document specifying the documents/contents needing to be added and put the recipient’s signature and full name to the document.
Immediately after receiving full papers, if finding that the death registration information is complete and proper, the Justice Division shall report to the Chairman of the district-level People's Committee to grant a Death Certificate Extract to the applicant. Then, the registrar shall record the death registration information in the death registration book. When announcing the civil registration result, the registrar shall instruct the applicant to check the contents of the death certificate and the death registration book. The registrar and applicant shall together sign in the book.
After death registration, the District Division of Justice shall advise Chairman of District People’s Committee to issue a written notice enclosed with the death certificate extract (copy) to the Ministry of Foreign Affairs for notification to the competent agency of the country of which the deceased person is a citizen.
Mode of implementation:
- An applicant for death registration shall directly perform the application dossier at the competent district-level People's Committee
- The person requesting the death registration shall directly perform or authorize another person to perform the death registration;
Dossier of death registration can be submitted in person at the competent district-level People's Committee or sent via the postal system or through the online civil status registration system.
Dossier components:
Papers to be presented:
- Passport/ID card/citizen identity card/another papers containing photo and personal information that has been issued by a competent authority and remaining valid for the applicant’s identity verification purpose.
- Papers proving the last place of residence of a deceased person to determine the competence to register death (only applicable for the transitional stage). In case it is impossible to identify the last place of residence of a deceased person, it is required to present documents proving of the place where such person dies or his/her body is found.
In case the application is sent via a postal service, it must be enclosed with certified copies of the presented papers as mentioned above.
* Papers to be submitted
- An application form for death registration using the form as prescribed
- A death notice or a death notice substitute paper issued by competent authorities.
- Documents/evidences issued by the competent authorities or a valid confirmation of the death for registration of a death that happened a long time ago without a death notice or a death notice substitute paper.
- The power of attorney (certified) as prescribed by law in case of authorization to carry out the death registration. Such certification is not required if the authorized person is a biological sibling, grandparent, parent, child or spouse of the authorizing person.
* Notes:
- For documents submitted and presented:
+ If the applicant submits copies issued from the master register or certified from originals, the recipient may not require the presentation of the originals; if the applicant submits copies and present their originals, the recipient shall collate them and bear signatures in the copies to certify. The recipient may not require any other copies of these documents.
+ Documents presented for civil registration, the recipient shall inspect and compare them with information in the application, copy or record information for retention purpose and return the documents to the person presenting them, and shall not request copies or photocopies of such documents to be submitted.
+ Papers granted, notarized or certified by competent foreign agencies for civil status registration in Vietnam shall be consularly legalized in accordance with law, unless they are exempted under a treaty to which Vietnam is a contracting party. Any document written in foreign language shall be translated to Vietnamese; the translation shall be notarized or the translator's signature shall be certified as prescribed by law.
+ The recipient is responsible for properly and fully receiving civil status registration dossiers in accordance with the civil status law, and must not require civil status registrants to submit additional papers which are not required by civil status law.
Quantity of dossier: 01 set.
Time limit for settlement: On the very day of receiving the application. In case the application is received after 15h00 and cannot be resolved immediately, the results will be returned in the next working day. In case of necessity to verify, the time limit for settlement shall not exceed 03 working days.
Entities carrying out the administrative procedure: Individuals.
The competent authority to decide:
- District-level People’s Committees of last places of residence of deceased persons shall register death for foreigners or Vietnamese citizens residing abroad who die in Vietnam.
- In case it is impossible to identify the last place of residence of a deceased person, the district-level People’s Committee of the place where such person dies or his/her body is found shall register his/her death.
The agency directly carrying out the administrative procedure: District-level Division of Justice shall receive the dossier and advise the district-level People's Committee chairperson to consider and decide.
Coordinating agency: None
Results of the administrative procedure: The extract of death certificate (original)
Fees and charges
According to the fee rate set by the provincial People's Councils. Exemption of fees for people from families with meritorious services to the revolution; poor households; the disabled.
Application and declaration forms: Application for death registration
Legal bases for the administrative procedure:
- Law on civil status 2014;
- Decree No. 123/2015/ND-CP dated November 15, 2015 by the Government detailing a number of articles and measures to implement the Law on Civil Status;
- Circular No. 04/2020/TT-BTP dated May 28, 2020 by the Minister of Justice guiding the implementation of a number of articles of the Law on civil status and Decree No. 123/2015/ND-CP dated November 15, 2015 by the Government detailing a number of articles and measures to implement the Law on civil status;
- Circular 85/2019/TT-BTC dated November 29, 2019 by the Minister of Finance guiding on fees and charges falling under the decision-making authority of the People’s Councils of provinces and centrally run cities.
* Attachments:
Registration to recognize parents and children with foreign elements
Order of execution
- The applicant shall submit dossiers to competent district People's Committees.
- The registrar is responsible for immediately checking the entire dossier, comparing the information in the declaration and the validity of the papers in the dossier submitted and presented by the requester.
- If the application is complete and valid, the registrar shall write a receipt, clearly stating the date and time of returning the results; if the dossier is incomplete or incomplete, the applicant shall immediately instruct the applicant to supplement and complete the application according to regulations. In case it is not possible to supplement or complete the dossier immediately, the registrar must make a guiding document, clearly stating the types of papers and contents to be supplemented, completed, signed, and clearly written with the full name, middle name and first name of the registrar.
- The registrar shall verify and post up the recognition of father, mother and child at the headquarters of the district People's Committee for 07 consecutive days, and at the same time send a written request to the Commune People's Committee. The permanent residence of the person recognized as the father, mother or child shall be posted up for a period of 07 consecutive days at the headquarters of the Commune People's Committee.
- If the recognition of father, mother and child is correct and there is no dispute, the Justice Division shall report to the Chairman of the district People's Committee. In case the Chairman of the People's Committee agrees to the settlement, then sign the Extract of registration for recognition of father, mother and child issued to the parties.
- When registering for recognition of father, mother and child, the parties must be present, the registrar shall record in the register of recognition of father, mother and child; instruct the requester to check the contents of the extract for registration of father, mother, child and the register for recognition of father, mother and child, together with the parties to sign in the book.
Method of implementation:
Persons who request registration to recognize parents, children (one or both parties) shall directly submit dossiers to the competent district People's Committees.
Component of the dossier:
* Documents to be presented
- Passport or ID card or other papers with photos and personal information issued by competent authorities, still valid for use to prove the identity of Vietnamese citizens.
- Documents proving the place of residence to determine the authority to register the recognition of parents and children (during the transition period).
* Documents to be submitted
- Declaration for registration of recognition of father, mother and child according to the form.
- Evidence to prove the father-child relationship or the mother-child relationship includes one of the following papers and documents:
+ A document from a medical agency, assessment agency or other competent agency or organization in the country or abroad certifying the paternity and mother-child relationship.
+ In case there is no evidence to prove the father-child relationship or mother-child relationship mentioned above, there must be a written undertaking by the parties to recognize the father, mother and child, and at least two witnesses to witness the father-child relationship or mother-child relationship.
- In case of registration for recognition of father, mother and child between Vietnamese citizens and foreigners or between foreigners, the foreigner must submit a copy of his passport or a valid document in lieu of a passport to prove his identity.
* Notes:
- For documents submitted and presented:
+ In case the person requesting to submit a document as a copy granted from the original book or a certified copy from the original, the registrar is not required to present the original; In case the applicant submits a photocopy enclosed with the original of the document, the registrar is responsible for checking and comparing the photocopy with the original and signing for certification.
+ For documents presented during civil status registration, the registrar is responsible for checking and comparing with the information in the declaration, taking pictures or recording information to save in the file and return it to the applicant, may not be required to submit a copy or photocopy of such document.
Documents issued, notarized or certified by a competent authority of a foreign country for use in civil status registration in Vietnam must be consularly legalized, except for cases exempted under international treaties that Vietnam is a member; Documents in a foreign language must be translated into Vietnamese and notarized or authenticated by the translator's signature as prescribed by law.
+ The registrar is responsible for properly and fully receiving civil status registration dossiers in accordance with the civil status law, and must not require civil status registrants to submit additional papers which are not required by civil status law to be submitted.
- In case the applicant is allowed to make a written commitment on the contents of the civil status registration request, the civil status registration agency must clearly explain the responsibilities and consequences of the untruthful delaration.
The civil status registration agency shall refuse to settle or request the competent agency to cancel the civil status registration result, if there are grounds to determine that the contents are untrue.
Number of application: 01 set.
Time limit for settlement: 15 days.
Entities carrying out administrative procedures: Individuals.
Competent authorities:
The district People's Committee of the place where the registrar is a father, mother or child shall register the recognition of father, mother and child between Vietnamese citizens and foreigners; between Vietnamese citizens residing in the country and Vietnamese citizens residing abroad; between Vietnamese citizens residing abroad; between Vietnamese citizens concurrently bearing foreign nationality and Vietnamese citizens or foreigners; between foreigners and one or both parties permanently residing in Vietnam.
Agencies carrying out administrative procedures:
The district Justice Department receives the dossier and advises the district People's Committee Chairman to consider and decide.
Coordinating agencies: The Commune People's Committee of the place where the people are received a father, mother or child.
Results of administrative procedures: Extract of registration for recognition of father, mother and child (original).
Fees and charges:
According to the fee rates set-out by the provincial People's Councils. Fee exemption for family members with meritorious services to the revolution; people from poor households; people with disabilities.
Application form and declaration: Declaration for registration of recognition of father, mother and child.
Requirements and conditions for carrying out administrative procedures:
- The receiving party and the received party are father, mother, and child are still alive;
- The recognition of father, mother and child is not disputed.
Legal basis:
- Law on Marriage and Family 2014;
- Law on Civil Status 2014;
- 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;
- Circular No. 04/2020/TT-BTP dated May 28, 2020 of the Ministry of Justice detailing the implementation of a number of articles of the Law on Civil Status and 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;
- Circular No. 85/2019/TT-BTC dated November 29, 2019 of the Ministry of Finance guiding fees and charges that are decided by the People's Councils of provinces and cities.
* Attachments:
Birth registration combined with registration for recognition of father, mother, and child with foreign elements
Order of execution
- The applicant requesting birth registration and recognition of the father, mother and child shall submit dossiers to competent district People's Committees.
- The registrar is responsible for immediately checking the entire dossier, comparing the information in the declaration and the validity of the papers in the dossier submitted and presented by the requester.
- If the application is complete and valid, the registrar shall write a receipt, clearly stating the date and time of returning the results; if the dossier is incomplete, the applicant shall be guided to supplement and complete the application according to regulations; In case it is not possible to supplement or complete the dossier immediately, a guiding document must be made, clearly stating the types of papers and contents that need to be supplemented, completed, signed, and clearly written the full name, middle name, and name of the registrar.
- The registrar shall verify and post up the recognition of father, mother and child at the headquarters of the district People's Committee for 07 consecutive days, and at the same time send a written request to the commune People's Committee. The permanent residence of the person recognized as the father, mother or child shall be posted up for a period of 07 consecutive days at the headquarters of the commune People's Committee.
If it is found that the recognition of father, mother and child is correct, there is no dispute; complete and appropriate birth information, the Justice Division shall report to the Chairman of the district People's Committee. In case the Chairman of the district People's Committee agrees to settle, then signs the extract of registration for recognition of father, mother and child and the birth certificate issued to the applicant. In case parents choose Vietnamese nationality for their children, the registrar shall update birth information according to the instructions to obtain personal identification numbers.
When registering to recognize father, mother and child, the parties must be present, the registrar shall record in the registration book of recognition of father, mother, child, birth registration book; instruct the applicant to check the contents of the birth certificate, the extract for the registration of father, mother, child, the birth registration book and the registration book for the recognition of father, mother and child, together with the parties to sign the Book.
Method of implementation:
Persons who request birth registration and recognition of the father, mother and child (one or two parties) shall submit their application directly at the competent district People's Committee.
Components of the dosier:
* Documents to be presented:
- The passport or identity card or citizen identification card or other papers with photo and personal information attached by a competent authority, still valid for use to prove the identity of the applicant for birth registration and recognition of the father, mother and child;
- Papers proving the residence place to determine the authority to register birth, recognize the father/ mother and child (during the transition period).
- In case the child is born abroad, one of his/her parents as a Vietnamese citizen, or the father and mother are both Vietnamese citizens, whose birth has not yet been registered in a foreign country, and residing in Vietnam, present documents proving the children's lawful entry into Vietnam (such as passports, papers with international travel value stamped by the Immigration Department) and written confirmation receipt from a competent Public Security in Vietnam where the child is residing.
* Documents to be submitted
- Declaration of birth registration according to the form;
- Declaration for registration of recognition of the father, mother and child according to the form.
- Birth certificate.
+ If the birth certificate is not available, the witness's document certifying the birth shall be submitted; if there is no written testimony of the witness, there must be a certificate of birth.
+ In case the child is born in a foreign country, submit a birth certificate or other paper issued by a foreign competent authority certifying that the child was born abroad and the mother-child relationship (if any);
- In case the father or mother or both parents are foreigners, the written agreement of the parents on the selection of nationality for the child must be submitted. In case a parent chooses a foreign nationality for their child, in addition to the written agreement on nationality selection, there must also be a certification from the competent authority of the country of which the child is chosen to bear the nationality that the child has a suitable nationality accordance with the laws of that country.
- The evidence to prove the father-child relationship or the mother-child relationship includes one of the following papers and documents:
+ A document from a medical agency, assessment agency or other competent agency in the country or abroad certifying the father-child relationship and mother-child relationship.
+ In case there is no evidence to prove the father-child relationship and mother-child mentioned above, there must be a written undertaking by the parties to recognize the father, mother and child, and at least two witnesses to witness the father-child relationship and mother-child relationship.
- In case of registration for recognition of father, mother and child between Vietnamese citizens and foreigners or between foreigners, the foreigner must submit a copy of his passport or a valid document in lieu of a passport to prove his identity.
* Notes:
- For documents submitted and presented:
+ In case the person requesting to submit a document is a copy granted from the master book or a certified copy from the original, the dossier-receiving person is not required to produce the original; if the requester only submits a photocopy and presents the original, the person receiving the dossier shall check and compare the photocopy with the original and sign the photocopy to certify that the contents of such papers have been compared. ask the applicant to submit a copy of that document.
+ For papers presented during civil status registration, the recipient is responsible for checking and comparing with the information in the declaration, taking pictures or recording information to save in the file and return it to the presenter. , may not be required to submit a copy or photocopy of such document.
Papers issued, notarized or certified by a competent authority of a foreign country for use in civil status registration in Vietnam must be consularly legalized, except for cases exempted under international treaties. Vietnam is a member; Documents in a foreign language must be translated into Vietnamese and notarized or authenticated by the translator's signature as prescribed by law.
+ The registrar is responsible for properly and fully receiving civil status registration dossiers in accordance with the civil status law, and must not require civil status registrants to submit additional papers which are not required by civil status law to be submitted. .
- In case the civil status registration requester is allowed to make a written commitment on the contents of the civil status registration request, the civil status registration agency must clearly explain to the person making the written commitment about the responsibilities and consequences of the civil status registration request. the legality of untruthful undertakings.
The civil status registration agency shall refuse to settle or request the competent agency to cancel the civil status registration result, if there are grounds to determine that the contents are untrue.
Number of application: 01 set
Time limit for settlement: 15 days.
Entities carrying out administrative procedures: Individuals
Competent authorities:
The district People's Committee of the place where the father or mother is a Vietnamese citizen shall register the birth of the child in combination with the recognition of the father, mother and child that one of the requesting parties is a foreigner or Vietnamese citizen residing abroad.
Agencies carrying out administrative procedures:
The district Justice Department receives the dossier and advises the district-level People's Committee chairperson to consider and decide.
Coordinating agencies: None.
Results of administrative procedures: Birth certificate, Extract of registration for recognition of father, mother and child (original).
Fees and charges: According to the fee rates set-out by the provincial People's Councils.
Exemption of fees for family members with meritorious services to the revolution; people from poor households; people with disabilities.
Application form and declaration: Birth registration declaration form, Declaration of registration of father, mother and child recognition
Requirements and conditions for carrying out administrative procedures
- The receiving party and the received party a father, mother, and children are still alive;
- The recognition of father, mother and child is not disputed.
Legal basis:
- Law on Marriage and Family 2014;
- Law on Civil Status 2014;
- 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;
- Circular No. 04/2020/TT-BTP dated May 28, 2020 of the Ministry of Justice detailing the implementation of a number of articles of the Law on civil status and 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;
- Circular No. 85/2019/TT-BTC dated November 29, 2019 of the Ministry of Finance guiding fees and charges falling under the deciding competence of the People's Councils of provinces and cities.
* Attachments:
Procedures for guardianship registration with foreign elements
Order of execution
- Persons requesting guardianship registration shall submit dossiers to competent district-level People's Committees.
- The recipient is responsible for checking the entire dossier, comparing the information in the declaration and the validity of the papers in the dossier submitted and presented by the requester.
- If the application is complete and valid, the person receiving the application shall write a receipt, clearly stating the date and time of returning the results; if the dossier is incomplete or incomplete, the applicant shall be guided to supplement and complete the application according to regulations; In case it is not possible to supplement or complete the dossier immediately, a written instruction must be made, clearly stating the type of paper, the content to be supplemented, completed, signed, clearly stating the full name, middle name, and name of the person. receive.
- If the conditions are satisfied as prescribed by law, the Justice Division shall report to the Chairman of the district-level People's Committee. In case the chairperson of the district-level People's Committee agrees to settle the case, he/she shall sign an extract for guardianship registration to the requester; civil status officers shall record in the guardianship registration book, guide the guardian registrant to check the contents of the guardianship registration extract and the guardianship registration book, and sign the guardian registrant together with the guardian registrant.
Method of implementation:
- The person requesting guardianship registration directly performs or authorizes another person to carry out the guardianship registration;
- Persons carrying out guardianship registration can submit dossiers directly at the competent district People's Committees or send dossiers via the postal system or submit dossiers through the online civil status registration system.
Components of the dossier:
* Documents to be presented:
- Passport or people's identity card or citizen identification card or other papers with photo and personal information attached by a competent authority, still valid for use to prove the identity of the lover guardian registration request.
- Documents proving the place of residence to determine the guardianship registration authority (during the transition period).
In case the application is sent through the postal system, it must be enclosed with a certified true copy of the above-presented papers.
* Documents to be submitted
- Guardianship registration declaration form.
- A document appointing a guardian according to the provisions of the Civil Code in case of registration of guardian appointment; papers proving the natural guardianship conditions as prescribed by the Civil Code in the case of natural guardian registration. In case there are more than one person eligible to act as natural guardian, an additional written agreement on appointing one person to act as natural guardian shall be submitted.
- Power of attorney (certified) as prescribed by law in case of authorization to carry out guardianship registration. In case the authorized person is a grandfather, grandmother, father, mother, child, wife, husband, brother, sister or younger brother of the principal, the Power of attorney is not required to be authenticated.
* Notes:
- For documents submitted and presented:
+ In case the applicant submits a document as a copy granted from the original book or a certified copy from the original, the registrar is not required to presnet the original; if the applicant only submits a photocopy and presents the original, the registrar shall check and compare the photocopy with the original and sign the photocopy to certify that the contents of such papers have been compared. ask the applicant to submit a copy of that document.
+ For papers presented during civil status registration, the registrar is responsible for checking and comparing with the information in the declaration, taking pictures or recording information to save in the file and return it to the applicant, may not be required to submit a copy or photocopy of such document.
Papers issued, notarized or certified by a competent authority of a foreign country for use in civil status registration in Vietnam must be consularly legalized, except for cases exempted under international treaties that Vietnam is a member. The documents in a foreign language must be translated into Vietnamese and notarized or authenticated by the translator's signature as prescribed by law.
+ The registrar is responsible for properly and fully receiving civil status registration dossiers in accordance with the civil status law, and must not require civil status registrants to submit additional papers that are not required by civil status law to submit.
Number of application: 01 set
Time limit for settlement: 05 working days for appointment guardian registration, 03 working days for natural guardian registration.
Entities carrying out administrative procedures: Individuals, legal authorities.
Competent authorities:
The district People's Committee of the place of residence of the ward or guardian shall register the guardianship between a Vietnamese citizen and a foreigner residing in Vietnam.
Agencies carrying out administrative procedures:
The Justice Division receives the dossier and advises the Chairman of the district People's Committee to consider and decide.
Coordinating agencies: None.
Results of administrative procedures: Extract of guardianship registration (original).
Fees and charges: According to the fee rates set-out by the provincial People's Councils.
Exemption of fees for family members with meritorious services to the revolution; people from poor households; people with disabilities.
Application form and declaration: Guardianship registration declaration.
Requirements and conditions for carrying out administrative procedures
- The guardianship between Vietnamese citizens and foreigners residing in Vietnam.
- Individuals who fully meet the following conditions may act as guardians:
Having full civil act capacity.
+ Having good moral character and necessary conditions to exercise the rights and obligations of the guardian.
+ Not being a person who is being examined for penal liability or a person who has been convicted but has not yet had his or her criminal record cleared for one of the crimes of intentionally infringing upon the life, health, honor, dignity or property of another person. .
+ Not being the person whose rights have been restricted by the Court.
- A legal person that fully meets the following conditions may act as a guardian:
+ Having civil legal capacity suitable for guardianship.
+ Having necessary conditions to carry out the rights and obligations of the guardian.
Legal basis:
- Civil Code;
- Law on Civil Status 2014;
- 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;
- Circular No. 04/2020/TT-BTP dated May 28, 2020 of the Ministry of Justice detailing the implementation of a number of articles of the Law on civil status and Decree No. 123/2015/ND-CP dated November 15/ 2015 of the Government detailing some articles and measures to implement the Law on Civil Status;
- Circular No. 85/2019/TT-BTC dated November 29, 2019 of the Ministry of Finance guiding fees and charges falling under the deciding competence of the People's Councils of provinces and cities.
* Attachments:
Registration of guardianship termination with foreign elements
Order of execution
- Persons requesting registration of guardianship termination shall submit dossiers to the competent district People's Committee.
- The registrar is responsible for checking the entire dossier, comparing the information in the declaration and the validity of the papers in the dossier submitted and presented by the applicant.
- If the application is complete and valid, the registrar shall write a receipt, clearly stating the date and time of returning the results; if the dossier is incomplete, the applicant shall be guided to supplement and complete the application according to regulations; In case it is not possible to supplement or complete the dossier immediately, a written instruction must be made, clearly stating the type of paper, the content to be supplemented, completed, signed, clearly stating the full name of the registrar.
- If the conditions are satisfied as prescribed by law, the Justice Division shall report to the Chairman of the district People's Committee. If the Chairman agrees to the settle, the applicant shall sign an extract for registration of guardianship termination; registrar shall record in the guardianship termination registration book, guide the applicant to check the contents of the guardianship termination registration extract and the guardianship termination registration book and they together sign the Book.
Method of implementation:
- The person requesting registration for guardianship termination directly performs or authorizes another person to submit the guardianship termination registration dossier;
- The applicant for registration of guardianship termination may submit it directly at the competent district People's Committee, or send the dossier via the postal system or submit it through the online civil status registration system.
Components of the dossier:
* Documents to be presented
- Passport or ID card or other papers with photo and personal information issued by a competent authority, still valid for use to prove the identity of the people who requests for registration of termination of guardianship.
In case the application is sent through the postal system, it must be enclosed with a certified true copy of the above-presented papers.
* Documents to be submitted
- A form of registration for guardianship termination.
- Papers used as a basis for guardianship termination according to the provisions of the Civil Code.
- The Power of attorney (certified) as prescribed by law in case of authorization to register for guardianship termination. In case the authorized person is a grandfather, grandmother, father, mother, child, wife, husband, brother, sister or younger brother, the Power of attorney is not required to be authenticated.
* Notes:
- For papers to be submitted and presented:
+ In case the person requesting to submit a document is a copy granted from the master book or a certified copy from the original, the registrar is not required to produce the original; if the requester only submits a photocopy and presents the original, the registra shall check and compare the photocopy with the original and sign the photocopy to certify that the contents of such papers have been compared and ask the applicant to submit a copy of that document.
+ For papers presented during civil status registration, the registrar is responsible for checking and comparing with the information in the declaration, taking pictures or recording information to save in the file and return it to the applicant, may not be required to submit a copy or photocopy of such document.
Papers issued, notarized or certified by a competent authority of a foreign country for use in civil status registration in Vietnam must be consularly legalized, except for cases exempted under international treaties that Vietnam is a member; Documents in a foreign language must be translated into Vietnamese and notarized or authenticated by the translator's signature as prescribed by law.
+ The recipient is responsible for properly and fully receiving civil status registration dossiers in accordance with the civil status law, and must not require civil status registrants to submit additional papers that are not required by civil status law to submit.
Number of application: 01 set
Time limit for settlement: 02 working days.
Entities carrying out administrative procedures: Individuals, legal authorities.
Competent authorities:
The district People's Committee where the guardianship has been registered shall register the guardianship termination.
Agencies carrying out administrative procedures:
The Justice Division receives the dossier and advises the Chairman of the district People's Committee to consider and decide.
Coordinating agencies: None.
Results of administrative procedures: Extract of guardianship termination registration (original).
Fees and charges: According to the fee rates set by the provincial People's Councils.
Exemption of fees for people from families with meritorious services to the revolution; people from poor households; people with disabilities.
Application form and declaration: Guardianship termination registration declaration.
Legal basis:
- Civil Code.
- Law on Civil Status 2014;
- Decree No. 123/2015/ND-CP dated November 15, 2015 of the Government detailing some articles and measures to implement the Law on Civil Status;
- Circular No. 04/2020/TT-BTP dated May 28, 2020 of the Ministry of Justice detailing the implementation of some articles of the Law on civil status and Decree No. 123/2015/ND-CP dated November 15/ 2015 of the Government detailing some articles and measures to implement the Law on Civil Status;
- Circular No. 85/2019/TT-BTC dated November 29, 2019 of the Ministry of Finance guiding fees and charges falling under the deciding competence of the People's Councils of provinces and cities.
* Attachments:
Change, correction and supplementation of civil status information, re-determination of ethnicity
Order of execution
- Persons requesting change, correction or supplementation of civil status information or ethnicity re-determination shall submit dossiers to competent district People's Committees.
- The registrar is responsible for checking the entire dossier, comparing the information in the declaration and the validity of the papers in the dossier submitted and presented by the applicant.
- If the application is complete and valid, the person receiving the application shall write a receipt, clearly stating the date and time of returning the results; if the dossier is incomplete or incomplete, the applicant shall be guided to supplement and complete the application according to regulations; In case it is not possible to supplement or complete the dossier immediately, a written instruction must be made, clearly stating the type of paper, the content to be supplemented, completed, signed, clearly stating the full name, middle name, and name of the registration.
- If it is found that the change, correction or supplementation of civil status information or ethnicity re-determination is grounded and in accordance with the provisions of civil law and relevant laws, the Justice Division shall report to Chairman of district People's Committee. In case the Chairman of district People's Committee agrees to settle, he/she shall the corresponding extract of change/correction/supplementation of civil status information or ethnicity re-determination; the registrar shall record the changes, corrections and additions of civil status information, ethnicity re-determination; guide the applicant to check the contents of the extract of changes/correction/addition of civil status information/ethnicity re-determination and sign in the Book.
Method of implementation:
- Persons who request registration of change, correction or addition of civil status information or ethnicity re-determination directly or authorize others to do;
- Persons who register for changes, corrections or additions of civil status information or ethnicity re-determination may submit dossiers directly at the competent district People's Committees or send dossiers via the postal system or send it through the online civil status registration system.
Components of the dossier:
* Documents to be presented
- Passport or ID card or other papers with photo and personal information issued by a competent authority, still valid for use to prove the identity of the lover request for registration of changes, corrections and supplementation of civil status information, ethnicity re-determination.
- Papers proving the place of residence to determine the competence to register in the case of civil status correction or supplementation, or ethnicity re-determination, which is not at the district People's Committee where the civil status registration was previously registered during the transition period).
In case the application is sent via the postal system, it must be enclosed with certified copies of the documents to be presented above.
* Documents to be submitted
- Declaration for registration of change, correction or supplementation of civil status information, ethnicity re-determination according to the form.
- Documents related to the change, correction or supplementation of civil status information, ethnicity re-determination.
- A written authorization (certified) as prescribed by law in case of authorization to perform the registration of change, correction or addition of civil status information, ethnicity re-determination. In case the authorized person is a grandfather, grandmother, father, mother, child, wife, husband, brother, sister or younger brother, the power of attorney is not required to be authenticated.
* Notes:
- For papers to be submitted and presented:
+ In case the person requesting to submit a document is a copy granted from the master book or a certified copy from the original, the registrar is not required to produce the original; if the applicant only submits a photocopy and presents the original, the registrar shall check and compare the photocopy with the original and sign the photocopy to certify that the contents of such papers have been compared, ask the applicant to submit a copy of that document.
+ For papers presented during civil status registration, the registrar is responsible for checking and comparing with the information in the declaration, taking pictures or recording information to save in the file and return it to the presenter, may not be required to submit a copy or photocopy of such document.
Papers issued, notarized or certified by a competent authority of a foreign country for use in civil status registration in Vietnam must be consularly legalized, except for cases exempted under international treaties that Vietnam is a member. Documents in a foreign language must be translated into Vietnamese and notarized or authenticated by the translator's signature as prescribed by law.
+ The registrar is responsible for properly and fully receiving civil status registration dossiers in accordance with the civil status law, and must not require civil status registrants to submit additional papers that are not required by civil status law to submit.
Number of application: 01 set
Time limit for settlement:
- In the working day for civil status information supplementation, in case of receiving dossiers after 15 hours and not being able to resolve them immediately, the results shall be returned within the next working day.
- 03 working days for civil status change or correction, ethnicity re-determination. In case verification is required, the time limit may be extended for no more than 06 working days.
Subjects carrying out administrative procedures: Individuals
Competent authorities:
- The People's Committee of the district where the civil status has been previously registered or the foreigner's place of residence shall handle the correction and supplementation of civil status information of the foreigner who has registered his/her civil status at a competent agency of Vietnam.
- The People's Committee of the district where the civil status has been previously registered shall handle the change, correction and addition of civil status information and ethnicity re-determination for overseas Vietnamese.
- The People's Committee of the district where the civil status has been registered before or the place of residence of the individual shall handle the change or correction of civil status for Vietnamese citizens aged full 14 years or older residing in the country; redefine the nation.
- The People's Committee of the district where the death was previously registered shall correct the content of the death registration in the Death Declaration Extract or Death Certificate.
- In case of changing, correcting or supplementing civil status information, or re-defining ethnicity, where the civil status work was previously registered at the Justice Division, the settlement competence shall be determined as follows:
+ In case the requester is a Vietnamese citizen residing abroad, the district-level People's Committee of the place of residence before leaving the country shall change, correct and supplement civil status information, re-determine ethnicity;
+ In case the requester is a foreigner residing in Vietnam, the People's Committee of the district where he/she resides shall correct and supplement civil status information.
+ In case the requester is a foreigner who does not reside in Vietnam, the district People's Committee of the locality where the Justice Division has registered the previous civil status shall correct and supplement civil status information.
Agencies carrying out administrative procedures:
The Justice Division receives the dossier and advises the Chairman of the district People's Committee to consider and decide.
Coordinating agencies: None
Results of administrative procedures: Extract of change/correction/addition of civil status information/ethnicity re-determination (original).
Fees: According to the fee rates set by the provincial People's Councils.
Exemption of fees for family members with meritorious services to the revolution; people from poor households; people with disabilities.
Application form, declaration form: Declaration for registration of change, correction or addition of civil status information, ethnicity re-determination
Requirements and conditions for carrying out administrative procedures
+ The civil status correction shall only be settled after it is determined that there are errors in civil status registration; do not correct the contents of validly issued civil status papers in order to legitimize information on other personal documents and records.
+ The civil status papers are validly issued since January 0, 2016 and the missing civil status information shall be supplemented, if there are papers and documents validly evidenced by competent agencies or organizations.
The request for additional recording of Vietnamese nationality is only applied to civil status papers issued from January 1, 2016, after it is determined that the requester is holding Vietnamese nationality in accordance with the Laws in Vietnam.
Legal basis:
- Law on Civil Status 2014;
- 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;
- Circular No. 04/2020/TT-BTP dated May 28, 2020 of the Ministry of Justice detailing the implementation of a number of articles of the Law on civil status and 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;
- Circular No. 85/2019/TT-BTC dated November 29, 2019 of the Ministry of Finance guiding fees and charges falling under the deciding competence of the People's Councils of provinces and cities.
* Attachments:
Recording in the civil status Book the marriage of a Vietnamese citizen who has been settled at a competent foreign agency
Order of execution
- The applicant requesting to record in the civil status book the marriage that has been settled at a competent foreign agency (hereinafter referred to as the marriage note) shall submit a dossier at the competent district People's Committee.
- The registrar is responsible for checking the entire dossier, comparing the information in the declaration and the validity of the papers in the dossier submitted and presented by the applicant.
- If the application is complete and valid, the registrar shall write a receipt, clearly stating the date and time of returning the results; if the dossier is incomplete, the applicant shall be guided to supplement and complete the application according to regulations; In case it is not possible to supplement or complete the dossier immediately, a written instruction must be made, clearly stating the type of paper, the content to be supplemented, completed, signed, clearly stating the full name, middle name, and name of the registrar.
- If the request for a marriage record is eligible and does not fall into the case of refusal to record in the marriage record as prescribed, the Justice Division shall report it to the Chairman of the district People's Committee for consideration and decision. If the Chairman of the People's Committee agrees to settle, then sign the extract of the marriage note issued to the applicant; the registrar shall record in the marriage registration Book.
Method of implementation:
- The person requesting the marriage note directly performs or authorizes another person to make the marriage note;
- The person who makes the marriage note can submit the application directly at the competent district People's Committee, or send the application through the postal system or submit the application through the online civil status registration system.
Components of the dossier:
* Documents to be presented
- Passport or ID card or other papers with photo and personal information issued by a competent authority, still valid for use to prove the identity of the person requesting the marriage note (identity document);
- Document showing the residence to determine jurisdiction (during the transition period).
In case the application is sent via the postal system, it must be enclosed with certified copies of the documents to be presented above.
* Documents to be submitted
- The Declaration of marriage notes according to the form;
- A copy of the marriage certificate issued by a foreign competent authority;
- If a Vietnamese citizen has divorced or canceled his marriage at a foreign competent authority, he/she must submit an extract of the divorce or annulment recorded in the civil status book).
- The Power of attorney (certified) as prescribed by law in case of authorization to make marriage notes. In case the authorized person is a grandfather, grandmother, father, mother, child, wife, husband, brother, sister or younger brother, the power of attorney is not required to be authenticated.
* Notes:
+ In case the applicant submit a document as a copy granted from the orginal book or a certified copy from the original, the registrar may not require to produce the original; if the applicant only submit a photocopy and presents the original, registrar shall check and compare the photocopy with the original and sign the photocopy to certify that the contents of such papers have been compared and ask the applicant to submit a copy of that document.
+ For papers presented during civil status registration, the registrar is responsible for checking and comparing with the information in the declaration, taking pictures or recording information to save in the file and return it to the applicant, may not be required to submit a copy or photocopy of such document.
The papers issued, notarized or certified by a competent authority of a foreign country for use in civil status registration in Vietnam must be consularly legalized, except for cases exempted under international treaties that Vietnam is a member; Documents in a foreign language must be translated into Vietnamese and notarized or authenticated by the translator's signature as prescribed by law.
+ The registrar is responsible for properly and fully receiving civil status registration dossiers in accordance with the civil status law, and must not require civil status registrants to submit additional papers that are not required by civil status law to submit.
Number of application: 01 set
Time limit for settlement: 12 days.
Entities carrying out administrative procedures: Individuals
Competent authorities:
The People's Committee of the district where the Vietnamese citizen is residing.
Agencies carrying out administrative procedures:
The Justice Division receives the dossier and advises the district People's Committee Chairman to consider and decide.
Coordinating agencies: None.
Results of administrative procedures: Extract of marriage notes (original).
Fees and charges: According to the fee rates set-out by the provincial People's Councils.
Exemption of fees for family members with meritorious services to the revolution; people from poor households; people with disabilities.
Application form and declaration: Marriage note declaration form
Requirements and conditions for carrying out administrative procedures:
- Marriages between Vietnamese citizens or foreigners that have been settled at a competent foreign agency shall be recorded in the civil status book if at the time of marriage, the parties satisfy all requirements, conditions for marriage and does not violate the prohibition under the provisions of the Law on Marriage and Family of Vietnam.
- If at the time of registration at a foreign competent authority, the marriage does not meet the conditions for marriage, but does not violate the prohibition prescribed by the Law on Marriage and Family, but at the time of request if the marriage is recorded in the civil status book, the consequences have been overcome or the marriage record is to protect the interests of Vietnamese citizens and children, the marriage is also recorded in the civil status Book.
* Yêu cầu ghi chú kết hôn bị từ chối trong các trường hợp sau:
- Việc kết hôn vi phạm điều cấm theo quy định của Luật Hôn nhân và gia đình.
- Công dân Việt Nam kết hôn với người nước ngoài tại cơ quan đại diện ngoại giao, cơ quan đại diện lãnh sự nước ngoài tại Việt Nam.
Căn cứ pháp lý:
- Luật Hôn nhân và gia đình;
- Luật Hộ tịch năm 2014;
- Nghị định số 123/2015/NĐ-CP ngày 15/11/2015 của Chính phủ quy định chi tiết một số điều và biện pháp thi hành Luật Hộ tịch;
- Thông tư số 04/2020/TT-BTP ngày 28/5/2020 của Bộ Tư pháp hướng dẫn thi hành một số điều của Luật Hộ tịch và Nghị định số 123/2015/NĐ-CP ngày 15/11/2015 của Chính phủ quy định chi tiết một số điều và biện pháp thi hành Luật Hộ tịch;
- Thông tư số 85/2019/TT-BTC ngày 29/11/2019 của Bộ Tài chính hướng dẫn về phí và lệ phí thuộc thẩm quyền quyết định của Hội đồng nhân dân tỉnh, thành phố trực thuộc Trung ương.
* Marriage note request is denied in the following cases:
- The marriage violates the prohibition under the provisions of the Law on Marriage and Family.
- Vietnamese citizens marrying foreigners at diplomatic missions, foreign consular missions in Vietnam.
Legal basis:
- Law on Marriage and Family;
- Law on Civil Status 2014;
- 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;
- Circular No. 04/2020/TT-BTP dated May 28, 2020 of the Ministry of Justice guiding the implementation of a number of articles of the Law on civil status and Decree No. 123/2015/ND-CP dated November 15, 2015 of the Ministry of Justice. The Government shall detail a number of articles and measures to implement the Law on Civil Status;
- Circular No. 85/2019/TT-BTC dated November 29, 2019 of the Ministry of Finance guiding fees and charges falling under the deciding competence of the People's Councils of provinces and cities.
* Attachments:
Recording in the civil status Book the divorce or marriage annulment of Vietnamese citizens that have been settled at a competent foreign agency.
Order of execution
- The person who requests to record in the civil status book the divorce or marriage annulment that has been settled at a competent foreign agency (hereinafter referred to as the divorce note) shall submit a dossier at the competent district People's Committee.
- The registrar is responsible for checking the entire dossier, comparing the information in the declaration and the validity of the papers in the dossier submitted and presented by the requester.
- If the application is complete and valid, the person receiving the application shall write a receipt, clearly stating the date and time of returning the results; if the dossier is incomplete or incomplete, the applicant shall be guided to supplement and complete the application according to regulations; In case it is not possible to supplement or complete the dossier immediately, a written instruction must be made, clearly stating the type of paper, the content to be supplemented, completed, signed, clearly stating the full name, middle name, and name of the registrar.
- If it is found that the request for divorce notes is in accordance with the law, the divorce or marriage annulment is not in the case of a petition for enforcement in Vietnam or a petition for non-recognition in Vietnam posted on the website of the Ministry of Justice, the Justice Division shall report to the Chairman of district People's Committee for consideration and decision. In case the Chairman of the People's Committee agrees to settle, then sign the extract of divorce notes issued to the petitioner; the registrar shall record in the Divorce Book.
Method of implementation:
- The person requesting the divorce note directly performs or authorizes another person to make the divorce note;
- The person who makes the divorce notes can submit the dossier directly at the competent district People's Committee or send the dossier via the postal system or submit the dossier through the online civil status registration system.
Components of the dossier:
* Documents to be presented
- Passport or ID card or citizen identification card or other papers with photo and personal information attached by a competent authority, still valid for use to prove the identity of the lover Divorce note request.
- Papers proving the place of residence to determine the jurisdiction in case Vietnamese citizens from abroad return to permanently reside in Vietnam request divorce notes, Vietnamese citizens who do not permanently reside in Vietnam request divorce records. divorce at the district-level People's Committee of the place of residence before leaving the country (during the transition period).
In case the application is sent via the postal system, it must be enclosed with certified copies of the documents to be presented above.
* Documents to be submitted
- Declaration of divorce notes according to the form;
- A copy of the legally effective divorce judgment, decision on divorce or marriage annulment, divorce agreement or other document recognizing the divorce issued by a competent foreign agency.
- Power of attorney (certified) as prescribed by law in case of authorization to make divorce notes. In case the authorized person is a grandfather, grandmother, father, mother, child, wife, husband, brother, sister or younger brother, the power of attorney is not required to be authenticated.
* Notes:
+ In case the person requesting to submit a document is a copy granted from the master book or a certified copy from the original, the registra is not required to produce the original; if the applicant only submits a photocopy and presents the original, the registrar shall check and compare the photocopy with the original and sign the photocopy to certify that the contents of such papers have been compared, ask the applicant to submit a copy of that document.
+ For papers presented during civil status registration, the registrar is responsible for checking and comparing with the information in the declaration, taking pictures or recording information to save in the file and return it to the presenter, may not require to submit a copy or photocopy of such document.
Papers issued, notarized or certified by a competent authority of a foreign country for use in civil status registration in Vietnam must be consularly legalized, except for cases exempted under international treaties that Vietnam is a member; Documents in a foreign language must be translated into Vietnamese and notarized or authenticated by the translator's signature as prescribed by law.
+ The registrar is responsible for properly and fully receiving civil status registration dossiers in accordance with the civil status law, and must not require civil status registrants to submit additional papers that are not required by civil status law to submit.
Number of application: 01 set
Time limit for settlement: 12 days.
Entities carrying out administrative procedures: Individuals
Competent authorities:
- The People's Committee of the district where the marriage has been registered or recorded in the civil status book of the previous marriage shall make a divorce note.
In case the marriage or recording of previous marriage is done at the Justice Division, the divorce record is made by the People's Committee of the district where the Vietnamese citizen resides.
In case the previous marriage was registered at the commune People's Committee, the divorce record shall be made by the district People's Committee.
In case a Vietnamese citizen does not permanently reside in Vietnam, the divorce record shall be made by the People's Committee of the district where the Vietnamese citizen resides before leaving the country.
- Vietnamese citizens returning from abroad to permanently reside in Vietnam request a divorce note but the previous marriage was registered at a representative mission or at a foreign competent authority, the divorce record implemented by the People's Committee of the district where the Vietnamese citizen permanently resides.
- Vietnamese citizens residing abroad who request divorce notes for a new marriage but the previous marriage was registered at a representative mission or at a foreign competent authority, the divorce record by the People's Committee of the district where the new marriage application is received.
- In case a Vietnamese citizen who does not permanently reside in Vietnam requests to record a divorce in the civil status book to carry out procedures for new marriage registration at a competent Vietnamese agency, it shall be done at the People's Committee of Vietnam. the people of the district where the marriage was registered before or the place where the new marriage was registered.
Agencies carrying out administrative procedures:
The district Justice Department receives the dossier and advises the Chairman of district People's Committee to consider and decide.
Coordinating agency: None.
Results of administrative procedures: Extract of divorce notes (original).
Fees and charges: According to the fee rates set by the provincial People's Councils.
Exemption of fees for family members with meritorious services to the revolution; people from poor households; people with disabilities.
Application form and declaration: Divorce note declaration form
Requirements and conditions for carrying out administrative procedures:
- The legally effective judgment or decision on divorce or marriage annulment, a legally effective divorce agreement or another document recognizing the divorce issued by a competent foreign authority does not violate the provisions of Law of Marriage and Family.
- The divorce or marriage annulment of Vietnamese citizens is handled by a foreign competent authority that is not subject to a petition for enforcement in Vietnam or a petition for non-recognition in Vietnam.
- Vietnamese citizens who have divorced, canceled their marriage abroad, and then returned to their home country to reside permanently or carry out procedures for new marriage registration at a competent Vietnamese agency must make a divorce note. In case of multiple divorces or annulment of marriage, only the procedures for noting the most recent divorce or marriage annulment shall be carried out.
Legal basis:
- Law on Civil Status 2014;
- 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;
- Circular No. 04/2020/TT-BTP dated May 28, 2020 of the Ministry of Justice guiding the implementation of a number of articles of the Law on civil status and Decree No. 123/2015/ND-CP dated November 15, 2015 of the Ministry of Justice. The Government shall detail a number of articles and measures to implement the Law on Civil Status;
- Circular No. 85/2019/TT-BTC dated November 29, 2019 of the Ministry of Finance guiding fees and charges falling under the deciding competence of the People's Councils of provinces and cities.
* Attachments:
Recording in civil status Book the other civil status of Vietnamese citizens that have been settled at a competent foreign authority (birth registration; guardianship; receiving a father, mother, child; identification of a father and mother, child; adoption; death declaration; change of civil status).
Order of execution
- The applicant recording in the civil status book the birth registration; guardian; receiving a father, mother, child; identify a father, mother, child; adoption; death declaration; civil status changes that have been settled at a competent foreign agency (hereinafter referred to as recording in the civil status book and other civil status matters) shall submit a dossier to the competent district People's Committee.
- The registrar is responsible for checking the entire dossier, comparing the information in the declaration and the validity of the papers in the dossier submitted and presented by the applicant.
- If the application is complete and valid, the registrar shall write a receipt, clearly stating the date and time of returning the results; if the dossier is incomplete, the applicant shall be guided to supplement and complete the application according to regulations; In case it is not possible to supplement or complete the dossier immediately, a written instruction must be made, clearly stating the type of paper, the content to be supplemented, completed, signed, clearly stating the full name of the registrar.
- If it is found that the request for recording in the civil status book is fully qualified and in accordance with law, the Justice Division shall report the Chairmant of the district People's Committee. If the Chairman of the People's Committee agrees to settle, the corresponding civil status extract shall be issued to the applicant; the registrar shall write notes in the civil status Book as prescribed.
Method of implementation:
- The person who requests to record in the civil status book the other civil status acts directly or authorizes another person to make notes;
- The person who makes the notes can submit the dossier directly at the competent district People's Committee or send the dossier via the postal system or submit the dossier through the online civil status registration system.
Components of the dossier:
* Documents to be presented:
- The passport or ID card or other papers with photo and personal information issued by a competent authority, still valid for use to prove the identity of the request a note on civil status change with foreign elements;
- The documents proving the place of residence to determine the authority to note changes of civil status with foreign elements (during the transition period).
In case the application is sent via the postal system, it must be enclosed with certified copies of the documents to be presented above.
* Documents to be submitted
- The declaration recorded in the civil status Book the Birth Certificate/Declaration to record in the civil status Book the Death Certificate/Declaration to record in the civil status book the adoption/Declaration to record in the civil status Book the guardianship and recognition of a father, mother, child/Declaration to record in the civil status Book the other civil status according to the prescribed form.
- Copies of papers proving that civil status has been settled at a competent foreign agency.
- The Power of Attorney (certified) as prescribed by law in case of authorization to make notes. In case the authorized person is a grandfather, grandmother, father, mother, child, wife, husband, brother, sister or younger brother, the Power of Attorney is not required to be authenticated.
* Notes:
+ In case the applicant requesting to submit the documents as copies granted from the original book or a certified copy from the original, the registrar is not required to present the original; if the applicant only submits a photocopy and presents the original, the registrar shall check and compare the photocopy with the original and sign the photocopy to certify that the contents of such papers have been compared, ask the applicant to submit a copy of that document.
+ For documents presented during civil status registration, the registrar is responsible for checking and comparing with the information in the declaration, taking pictures or recording information to save in the file and return it to the applicant, the copies of such document may not be required to submit.
The documents issued, notarized or certified by a competent authority of a foreign country for use in civil status registration in Vietnam must be consularly legalized, except for cases exempted under international treaties that Vietnam is a member; Documents in a foreign language must be translated into Vietnamese and notarized or authenticated by the translator's signature as prescribed by law.
+ The registrar is responsible for properly and fully receiving civil status registration dossiers in accordance with the civil status law, and must not require civil status registrants to submit additional papers that are not required by civil status law.
Number of application: 01 set
Duration for settlement: on the day of receiving the application, in case the application is received after 15 hours and cannot be resolved immediately, the result will be returned in the next working day. In case of verification, the duration for settlement shall not exceed 3 working days.
Subjects carrying out administrative procedures: Individuals
Competent authority:
- The People's Committee of the district where the Vietnamese citizen resides shall record his birth in the civil status book; guardian; accept father, mother, child; identify father, mother, child; adoption; civil status change has been settled at a competent authority of a foreign country.
- The district People's Committee of the place of residence of the person responsible for death declaration shall record in the civil status book that the death declaration has been settled at a competent foreign agency.
Agencies carrying out administrative procedures:
The district Justice Department receives the dossier and advises the Chairman of district People's Committee to consider and decide.
Coordinating agencies: None.
Results of administrative procedures: Extracts recording in the civil status book of birth registration/Extracts recording in the civil status book for other civil status affairs (original).
Fees and charges: According to the fee rates set by the provincial People's Councils.
Exemption of fees for family members with meritorious services to the revolution; people from poor households; people with disabilities.
Application form and declaration: The declaration to record in the civil status book of the birth; The declaration to recordin the civil status book of the death declaration; The declaration to record in the civil status book of child adoption; The declaration to record in the civil status book of guardianship and recognition of father, mother and child; The declaration to record in the civil status book for other civil status affairs.
Legal basis:
- Law on Civil Status 2014;
- 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;
- Circular No. 04/2020/TT-BTP dated May 28, 2020 of the Ministry of Justice guiding the implementation of a number of articles of the Law on civil status and Decree No. 123/2015/ND-CP dated November 15, 2015 of the Ministry of Justice. The Government shall detail a number of articles and measures to implement the Law on Civil Status;
- Circular No. 85/2019/TT-BTC dated November 29, 2019 of the Ministry of Finance guiding fees and charges falling under the decision of the People's Councils of provinces and cities.
* Attachments:
Re-registration of births with foreign elements
Order of execution
- The applicant shall submit the dossier to competent district People's Committees.
- The registrar is responsible for checking the whole dossier, comparing the information in the declaration and the validity of the papers in the dossier submitted and presented by the applicant.
- If the application is complete and valid, the registrar shall write a receipt, clearly stating the date and time of returning the results; if the dossier is incomplete, the applicant shall be guided to supplement and complete the application according to regulations; In case it is not possible to supplement or complete the dossier immediately, a written instruction must be made, clearly stating the type of paper, the content to be supplemented, completed, signed, clearly stating the full name, middle name, and name of the registrar.
- The Justice Department examines and verifies the dossier.
In case the previous birth registration was done at the commune People's Committee or the Department of Justice, the Justice Division shall send a written request to the commune People's Committee/Department of Justice where the birth registration is performed previously to check and verify the keeping of civil status books.
After receiving the written request, the People's Committee/Department of Justice that has previously registered the birth registration shall check, verify and reply in writing about the civil status book that is still kept or cannot be kept.
In case the birth certificate re-registration papers do not contain information proving the father-child relationship, mother-child relationship, the civil status registration agency shall request in writing the competent police agency for verification. In case the police agency answers that there is no information, the civil status registration agency for shall make a written commitment to the information of the father and mother and determine the birth registration contents.
- After receiving the verification result that the civil status book can no longer be kept at the place where the birth is registered, or after 20 days from the date of sending the written request for verification, no reply has been received. If the dossier is found to be complete, accurate and in accordance with the law, the Justice Division shall report it to the Chairman of the district People's Committee for consideration and decision. If the Chairman of the People's Committee agrees to the settle, he/she shall sign and issue a birth certificate to the applicant. When returning civil status registration results, the registrar shall guide the applicant to check the contents of the birth certificate and the birth registration book; together with theapplicant sign in the Book, issue 01 original birth certificate to the person who is re-registered.
Method of implementation:
- The applicant directly or authorizes another person to perform the re-registration of birth registration;
- The applicant can directly submit their dossiers at the competent district People's Committees or send them through the postal system or submit them through the online civil status registration system.
Components of the dossier:
* Documents to be presented
Passport or ID card or other papers with photos and personal information issued by a competent authority, valid for use to prove the identity of the requester birth re-registration.
In case the application is sent via the postal system, it must be enclosed with certified copies of the documents to be presented above.
* Documents to be submitted
- A birth registration re-registration declaration, made according to the form, which contains the claimant's commitment that all existing papers have been submitted.
- A copy of all dossiers and papers of the applicant or other dossiers, papers and documents containing information related to birth registration contents, including:
+ A valid copy of the birth certificate issued by a competent Vietnamese authority (certified copy from the original, a copy issued from the birth registration book); originals or copies of valid papers to replace Birth certificates issued before 1945 in the North and before 1975 in the South.
+ In case the applicant does not have the above-mentioned documents, he/she must submit a valid copy of the paper issued by a competent Vietnamese agency, such as: ID card or passport; Household registration book, temporary residence book, proof of residence; Diplomas, Certificates, Academic Records issued or certified by a competent authority; Other papers with information about the individual's full name, date of birth.
The applicant for re-registration of birth registration is responsible for submitting all copies of the above-mentioned papers (if any) and must ensure that they have submitted all the papers they have; responsible for the consequences of making false promises.
- A written authorization in accordance with the law in case of authorization to re-register the birth. In case the authorized person is a grandfather, grandmother, father, mother, child, wife, husband, brother, sister or younger brother of the principal, the Power of attorney is not required to be authenticated.
* Notes:
- For documents submitted and presented:
+ In case the person requesting to submit a document is a copy granted from the master book or a certified copy from the original, the registrar may not require to present the original; if the applicant only submits a photocopy and presents the original, the registrar shall check and compare the photocopy with the original and sign the photocopy to certify that the contents of such papers have been compared. ask the applicant to submit a copy of that document.
+ For papers presented during civil status registration, the registrar is responsible for checking and comparing with the information in the declaration, taking pictures or recording information to save in the file and return it to the applicant, may not require to submit a copy or photocopy of such document.
Papers issued, notarized or certified by a competent authority of a foreign country for use in civil status registration in Vietnam must be consularly legalized, except for cases exempted under international treaties that Vietnam is a member; Documents in a foreign language must be translated into Vietnamese and notarized or authenticated by the translator's signature as prescribed by law.
+ The registrar is responsible for properly and fully receiving civil status registration dossiers in accordance with the civil status law, and must not require civil status registrants to submit additional papers that are not required by civil status law to submit.
- In case the civil status registration requester is allowed to make a written commitment on the contents of the civil status registration request, the civil status registration agency must clearly explain to the person making the written commitment about the responsibilities and consequences of the civil status registration request. the legality of untruthful undertakings.
The civil status registration agency shall refuse to settle or request the competent agency to cancel the civil status registration result, if there are grounds to determine that the contents are untrue.
Number of application: 01 set
Time limit for settlement: 05 working days.
In case a written verification is required, the time limit for settlement shall not exceed 25 days.
Entities carrying out administrative procedures: Individuals
Competent authorities:
- The People's Committee of the district where the birth was previously registered shall re-register the birth.
- In case the birth registration was previously registered at the commune People's Committee, the re-registration of birth registration shall be carried out by the superior district-level People's Committee.
- In case the birth registration was previously registered at the People's Committee of the province or the Department of Division, the re-registration of birth registration shall be carried out by the People's Committee of the district where the applicant resides; if such person does not reside in Vietnam, it shall be done by the district People's Committee where the Department of Justice's current headquarters is located.
Agencies carrying out administrative procedures:
The Justice Division receives the dossier and advises the Chairman of the district People's Committee to consider and decide.
Coordinating agencies: Commune People's Committee/Department of Justice where the person requesting re-registration of birth has previously registered his/her birth; Competent police agency.
Results of administrative procedures: Birth certificate (original).
Fees and charges: According to the fee rates set-out by the provincial People's Councils.
Exemption of fees for family members with meritorious services to the revolution; people from poor households; people with disabilities.
Application form and declaration: Birth re-registration declaration form
Requirements and conditions for carrying out administrative procedures
- Vietnamese citizens residing abroad or foreigners who have registered their birth at a competent Vietnamese agency before January 01, 2016 but both the birth registration book and the original birth certificate are lost.
- The applicant is still alive at the time of request for birth re-registration.
- The applicant is responsible for submitting full copies of papers and documents with contents related to birth re-registration.
Legal basis:
- Law on Civil Status 2014;
- 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;
- Circular No. 04/2020/TT-BTP dated May 28, 2020 of the Ministry of Justice detailing the implementation of a number of articles of the Law on civil status and 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;
- Circular No. 85/2019/TT-BTC dated November 29, 2019 of the Ministry of Finance guiding fees and charges falling under the deciding competence of the People's Councils of provinces and cities.
* Attachments:
Procedures for birth registration with foreign elements for those who already have personal documents and records
Order of execution
- The applicant shall submit dossiers to competent district People's Committee.
- The registrar is responsible for checking the whole dossier, comparing the information in the declaration and the validity of the papers in the dossier submitted and presented by the applicant.
- If the application is complete and valid, the registrar shall write a receipt, clearly stating the date and time of returning the results; if the dossier is incomplete, the applicant shall be guided to supplement and complete the application according to regulations; In case it is not possible to supplement or complete the dossier immediately, a written instruction must be made, clearly stating the type of paper, the contents need to be supplemented, completed, signed, clearly stating the full name, middle name, and name of the registrar.
- The Justice Division shall send a written request to the Commune People's where the applicant resides before leaving the country to examine and verify the applicant's birth registration and the keeping of civil status books.
After receiving the written request, the People's Committee where the verification request is received shall examine, verify and reply in writing whether the applicant has been registered for birth or not; keeping or failing to keep civil status books.
In case the papers do not contain information proving the father-child relatiónhip, mother-children relationship, the civil status registration agency shall make a written request to the competent police agency for verification. In case the police agency answers that there is no information, the civil status registration agency shall make a written commitment about the information of the father and mother and determine the birth registration contents according to the written commitment.
After receiving the verification results or after 20 days from the date of sending the written request for verification without receiving a reply, if the application is found to be complete, accurate and in accordance with the law, the Division of Justice shall report to the Chairman of the district People's Committee for consideration and decision. If the Chairman of the People's Committee agrees to the settlement, he/she shall sign the birth certificate issued to the applicant; the registrar records birth registration information in the birth registration book, guides the applicant to check the contents of the birth certificate and birth registration book, and together sign in the Book.
Method of implementation:
- The applicant directly performs or authorizes another person to perform birth registration;
- The registrar can submit the application directly at the competent district People's Committee, or send the application through the postal system or submit the application through the online civil status registration system.
Components of the dossier:
* Documents to be presented
- Passport or ID card or other papers with photo and personal information issued by a competent authority, still valid for use to prove the identity of the relationship of the applicant (identity document).
- Documents proving the place of residence before exiting to determine the birth registration authority.
In case the application is sent via the postal system, it must be enclosed with certified copies of the documents to be presented above.
* Documents to be submitted
- The Declaration of birth registration according to the form.
- A written commitment that the birth certificate has not been registered.
- A copy of all dossiers and papers of the applicant or other dossiers, papers and documents containing information related to birth registration contents, including: ID card or Passport; Household registration book, temporary residence book, proof of residence; Diplomas, Certificates, Academic Records issued or certified by a competent authority; Other papers with information about the individual's full name, date of birth.
The applicant for birth registration is responsible for submitting all copies of the above-mentioned papers (if any) and must ensure that they have submitted all the papers they have; responsible for the consequences of making false promises.
- The Power of attorney (certified) as prescribed by law in case of authorization to carry out birth registration. In case the authorized person is a grandfather, grandmother, father, mother, child, wife, husband, brother, sister or younger brother, the Power of attorney is not required to be authenticated.
* Notes:
- For documents submitted and presented:
+ In case the applicant requesting to submit a document is a copy granted from the master book or a certified copy from the original, the registrar is not required to present the original; if the requester only submits a photocopy and presents the original, the registrar shall check and compare the photocopy with the original and sign the photocopy to certify that the contents of such papers have been compared, ask the applicant to submit a copy of that document.
+ For papers presented during civil status registration, the registrar is responsible for checking and comparing with the information in the declaration, taking pictures or recording information to save in the file and return it to the presenter, may not require to submit a copy or photocopy of such document.
The papers issued, notarized or certified by a competent authority of a foreign country for use in civil status registration in Vietnam must be consularly legalized, except for cases exempted under international treaties that Vietnam is a member; Documents in a foreign language must be translated into Vietnamese and notarized or authenticated by the translator's signature as prescribed by law.
+ The registrar is responsible for properly and fully receiving civil status registration dossiers in accordance with the civil status law, and must not require civil status registrants to submit additional papers that are not required by civil status law to submit. .
- In case the civil status registration requester is allowed to make a written commitment on the contents of the civil status registration request, the civil status registration agency must clearly explain to the person making the written commitment about the responsibilities and consequences of the civil status registration request. the legality of untruthful undertakings.
The civil status registration agency shall refuse to settle or request the competent agency to cancel the civil status registration result, if there are grounds to determine that the contents are untrue.
Number of records: 01 set
Time limit of settlement: 05 working days; In case verification is required, the duration shall not exceed 25 days.
Entities carrying out administrative procedures: Individuals
Competent authorities:
District People's Committee of the place of residence before exiting Vietnam for residing abroad.
Agencies carrying out administrative procedures:
The Justice Division receives the dossier and advises the Chairman of the district People's Committee to consider and decide.
Coordinating agencies:
The People's Committee of the commune where the applicant for birth registration resides before leaving the country; Competent police agency.
Results of administrative procedures: Birth certificate (original).
Fees and charges: According to the fee rates set-out by the provincial People's Councils.
Exemption of fees for family members with meritorious services to the revolution; people from poor households; people with disabilities.
Application form and declaration: Birth registration declaration form
Requirements and conditions for carrying out administrative procedures
Vietnamese residing abroad, who have not yet registered their birth certificates at a Vietnamese competent authority, have a personal profile and papers (original or a duly certified copy) such as: identity document; Household Registration book; Temporary Residence Book; other papers issued by competent Vietnamese state agencies, including the place of birth in Vietnam.
Legal basis:
- Law on Civil Status 2014;
- 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;
- Circular No. 04/2020/TT-BTP dated May 28, 2020 of the Ministry of Justice detailing the implementation of a number of articles of the Law on civil status and 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;
- Circular No. 85/2019/TT-BTC dated November 29, 2019 of the Ministry of Finance guiding fees and charges falling under the deciding competence of the People's Councils of provinces and cities.
* Attachments:
Procedures for marriage re-registration with foreign elements
Order of execution
- Persons who request marriage re-registration shall submit dossiers to competent district People's Committees.
- The registrar is responsible for immediately checking the entire dossier, determining the validity of the papers in the dossier submitted or presented by the requester; compare the information in the declaration with the documents in the dossier.
- If the application is complete and valid, the registrar shall write a receipt, clearly stating the date and time of returning the results; if the dossier is incomplete, it shall immediately guide the applicant to supplement and complete the application according to regulations; in case it is not possible to supplement or complete the dossier immediately, the registrar must make a guiding document, clearly stating the types of papers and contents to be supplemented, completed, signed, and clearly written the full name of the registrar.
- After receiving the dossier, the Justice Department examines and verifies the dossier.
In case the previous marriage registration was done at the commune People's Committee or the Department of Justice, the Justice Division shall request in writing the commune People's Committee/Department of Justice where the marriage was previously registered to check, verify the keeping of civil status books.
After receiving the written request, the Department of Justice/commune People's Committee shall examine, verify and reply in writing whether the civil status book is still kept or cannot be kept.
After receiving the verification result that the civil status book can no longer be kept at the place where the marriage is registered, or after 20 days from the date of sending the written request for verification without receiving a written reply, If the dossier is found to be complete, accurate and in accordance with the law, the Justice Division shall report it to the Chairman of the district People's Committee for consideration and decision. In case the Chairman of the People's Committee agrees to settle, then sign 02 marriage certificates issued to the applicant.
- The Justice Department organizes the awarding of marriage certificates to both male and female parties; The registrar records the marriage in the marriage register, the registrar guides the male and female parties to check the contents of the marriage certificate and the marriage register, if both parties find that the content is correct and consistent with the marriage registration dossier, the registrar together with the male and female parties shall sign in the Book; both male and female parties sign the Marriage Certificate.
* Notes:
- For documents submitted and presented:
+ In case the person requesting to submit a document is a copy granted from the master book or a certified copy from the original, the dossier-receiving person is not required to produce the original; if the requester only submits a photocopy and presents the original, the person receiving the dossier shall check and compare the photocopy with the original and sign the photocopy to certify that the contents of such papers have been compared, ask the applicant to submit a copy of that document.
+ For papers presented during civil status registration, the registrar is responsible for checking and comparing with the information in the declaration, taking pictures or recording information to save in the file and return it to the applicant, may not require to submit a copy or photocopy of such document.
Papers issued, notarized or certified by a competent authority of a foreign country for use in civil status registration in Vietnam must be consularly legalized, except for cases exempted under international treaties that Vietnam is a member; Documents in a foreign language must be translated into Vietnamese and notarized or authenticated by the translator's signature as prescribed by law.
+ The registrar is responsible for properly and fully receiving civil status registration dossiers in accordance with the civil status law, and must not require civil status registrants to submit additional papers that are not required by civil status law to submit.
Method of implementation:
The person who requests for marriage re-registration must directly submit the dossier at the competent district People's Committee (the male or female party can directly submit the dossier without the written authorization of the other party).
Components of profile:
* Documents to be presented
Passport or ID card or other papers with photos and personal information issued by a competent authority, valid for use to prove the identity of both parties requesting re-registration of marriage.
* Documents to be submitted
- Marriage re-registration declaration form;
- Copy of previously issued Marriage Certificate. If a copy of the marriage certificate is not available, a copy of the profile and personal papers with information related to the content of the marriage registration shall be submitted.
Number of application: 01 set
Time limit for settlement: 05 working days; In case verification is required, the duration for settlement shall not exceed 25 days.
Entities carrying out administrative procedures: Individuals
Competent authorities:
- The People's Committee of the district where the marriage was previously registered.
- In case the previous marriage was registered at the communel People's Committee, the re-registration shall be carried out by the district People's Committee.
- In case the previous marriage was registered at the People's Committee of the province or the Department of Justice, the re-registration shall be carried out by the People's Committee of the district where the applicant resides; if such person does not reside in Vietnam, it shall be done by the district People's Committee where the Department of Justice is located.
Agencies carrying out administrative procedures:
The district Justice Department receives the dossier and advises the Chairman of district People's Committee to consider and decide.
Coordinating agencies: Commune People's Committee/Department of Justice where the marriage was previously registered.
Results of administrative procedures: Marriage certificate (original), 1 copy for each spouse.
Fees and charges: According to the fee rates set-out by the provincial People's Councils.
Exemption of fees for family members with meritorious services to the revolution; people from poor households; people with disabilities.
Application form and declaration: Marriage re-registration declaration
Requirements and conditions for administrative procedures:
- The marriage was registered at a competent authority of Vietnam before January 01, 2016 but the marriage registration book and the original marriage certificate are lost.
- Both parties requesting re-registration of marriage are alive at the time of request for re-registration of marriage.
Legal basis:
- Law on Family and Mariage;
- Law on Civil Status 2014;
- 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;
- Circular No. 04/2020/TT-BTP dated May 28, 2020 of the Ministry of Justice detailing the implementation of a number of articles of the Law on civil status and 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;
- Circular No. 85/2019/TT-BTC dated November 29, 2019 of the Ministry of Finance guiding fees and charges falling under the decision of the People's Councils of provinces and cities.
* Attachments:
Re-registration of death declarations with foreign elements
Order of execution:
- Persons requesting re-registration of death declarations shall submit dossiers to the competent district People's Committees.
- The registrar is responsible for immediately checking the whole dossier, determining the validity of the papers in the dossier submitted or presented by the applicant; compare the information in the declaration with the documents in the dossier.
- If the application is complete and valid, the registrar shall write a receipt, clearly stating the date and time of returning the results; if the dossier is incomplete, the applicant shall be guided to supplement and complete the application according to regulations; In case it is not possible to supplement or complete the dossier immediately, a written instruction must be made, clearly stating the type of paper, the content to be supplemented, completed, signed, clearly stating the full name, middle name, and name of the registrar.
- After receiving the dossier, the Justice Department examines the dossier and conducts verification (if necessary).
- After checking and verifying, if the death declaration information is found to be complete and accurate, and the re-registration is in accordance with the law, the Justice Division shall report it to the Chairman of the districtl People's Committee for consideration and decision. In case the Chairman of the district People's Committee agrees to the settlement, the death declaration extract shall be issued to the applicant; the registrar shall record in the death registration book, guides the applicant to check the contents of the death declaration extract and the death registration book, and jointly sign the death declaration with the re-registrant. .Method of implementation:
- The person requests the re-registration of death directly or authorizes another person to re-register the death;
- Persons who carry out the re-registration of death declarations can directly submit dossiers at the competent district People's Committees or send them through the postal system.
Components of the dossier:
* Documents to be presented
- Passport or ID card or other papers with photo and personal information issued by a competent authority, valid for use to prove the relationship of person for re-registration of death.
In case the application is sent via the postal system, it must be enclosed with a certified true copy of the above-mentioned documents.
* Documents to be submitted
- Declaration of re-registration of death according to the form;
- A valid copy of the previously issued Death Certificate. If there is no valid copy of the previously issued death certificate, a copy of relevant dossiers and papers with contents proving the death event shall be submitted.
- A written authorization as prescribed by law in case of authorization to re-register the death. In case the authorized person is a grandfather, grandmother, father, mother, child, wife, husband, brother, sister or younger brother, the Power of Attorney is not required to be authenticated.
* Notes:
- For documents submitted and presented:
+ In case the applicant submit a document is a copy granted from the originalr book or a certified copy from the original, the registrar may not require to present the original; if the applicant only submits a photocopy and presents the original, the registrar shall check and compare the photocopy with the original and sign the photocopy to certify that the contents of such papers have been compared. ask the applicant to submit a copy of that document.
+ For papers presented during civil status registration, the registrar is responsible for checking and comparing with the information in the declaration, taking pictures or recording information to save in the file and return it to the presenter, may not require to submit a copy or photocopy of such document.
Papers issued, notarized or certified by a competent authority of a foreign country for use in civil status registration in Vietnam must be consularly legalized, except for cases exempted under international treaties that Vietnam is a member; Documents in a foreign language must be translated into Vietnamese and notarized or authenticated by the translator's signature as prescribed by law.
+ The registrar is responsible for properly and fully receiving civil status registration dossiers in accordance with the civil status law, and must not require the applicant to submit additional papers.
Number of application: 01 set
Time limit for settlement: 05 working days; in case verification must be carried out, the durationshall not exceed 10 working days.
Entities carrying out administrative procedures: Individuals
Competent authorities:
- The People's Committee of the district where the death declaration is registered for foreigners or Vietnamese citizens residing abroad previously shall re-register the death;
- In case the previous death registration was carried out at the commune People's Committee, the district People's Committee shall re-register the death;
- Where the previous death registration was done at the People's Committee of the province or the Department of Justice, the People's Committee of the district where the applicant resides shall perform; if the petitioner does not reside in Vietnam, the district People's Committee of the place where the Department of Justice's current headquarters is located shall re-register the death.
Agencies carrying out administrative procedures:
The district Justice Department receives the dossier and advises the district People's Committee chairperson to consider and decide.
Coordinating agencies: None.
Results of administrative procedures: Extract of death declaration (original).
Fees and charges: According to the fee rates set-out by the provincial People's Councils.
Exemption of fees for family members with meritorious services to the revolution; people from poor households; people with disabilities.
Application form, declaration form: Death re-registration declaration form
Requirements and conditions for carrying out administrative procedures:
The death declaration of a Vietnamese citizen residing abroad or of a foreigner registered at a competent Vietnamese agency before January 01, 2016 but the death registration book and the original death certificate are both lost.
Legal basis:
- Law on Civil Status 2014;
- 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;
- Circular No. 04/2020/TT-BTP dated May 28, 2020 of the Ministry of Justice detailing the implementation of a number of articles of the Law on civil status and Decree No. 123/2015/ND-CP dated November 15, 2020. 2015 of the Government detailing a number of articles and measures to implement the Law on Civil Status;
- Circular No. 85/2019/TT-BTC dated November 29, 2019 of the Ministry of Finance guiding fees and charges falling under the deciding competence of the People's Councils of provinces and cities.
* Attachments:
Issuance of copies of civil status extracts
Order of execution:
- Persons who request for issuance of copies of civil status extracts shall submit dossiers to competent civil status database management agencies.
Where a competent agency or organization requests the grant of a copy of an individual's civil status extract, a written request clearly stating the reason shall be sent to the civil status database management agency.
- The receiver is responsible for checking and comparing the information in the declaration and the validity of the papers presented or submitted by the requester.
- If the application is complete and valid, the person receiving the application shall write a receipt, clearly stating the date and time of returning the results; if the application is incomplete or incomplete, the applicant shall be instructed to supplement and complete the application according to regulations; in case it is not possible to supplement or complete the dossier immediately, a written instruction must be made, clearly stating the types of papers and contents to be supplemented, completed, signed, clearly stating the full name of the recipient.
- Immediately after receiving the dossier, if the dossier is found to be complete and appropriate, the civil status officer shall base on the civil status database, record the contents of a copy of the civil status extract, and report it to the head. The agency managing the civil status database shall sign and issue a copy of the civil status extract to the requester.
Method of implementation:
- The applicant directly submit or authorizes another person to perform the request for the grant of a copy of the civil status extract;
- The applicant can directly submit the application; Agencies and organizations that request the issuance of a copy of civil status extracts may directly submit a written request at the competent civil status database management agency or send a request file or request via the postal system.
Components of the dossier:
* Documents to be presented:
- Passport or ID card or other papers with photos and personal information issued by a competent authority, valid for use to prove the identity of the applicant.
In case the application is sent through the postal system, it must be enclosed with a certified true copy of the above-presented papers.
* Documents to be submitted
- A declaration for issuance of a copy of the civil status extract, made according to the form, in case the requester is an individual.
- A written request for issuance of a copy of civil status extract, clearly stating the reason in case the applicant is an agency or organization.
- A written authorization as prescribed by law in case of authorization to make a request for a copy of civil status extract. In case the authorized person is a grandfather, grandmother, father, mother, child, wife, husband, brother, sister or younger brother of the authorizing other person, the Power of Attorney is not required to be authenticated.
* Notes:
+ In case the applicant submits a document as a copy issued from the original book or a certified copy from the original, the registrar may not require to present the original; if the applicant only submits a photocopy and presents the original, the registrar shall check and compare the photocopy with the original and sign the photocopy to certify that the contents of such papers have been compared, asked the applicant to submit a copy of that document.
+ Where the law requires the presentation of papers upon civil status registration, the registrar is responsible for checking the presented papers, comparing them with the information in the declaration, and returning them to the presenter, unsolicited, the applicant shall submit additional copies of such papers. The registrar can take 01 copy of the presented paper or record the information of the presented paper for record keeping.
+ The registrar is responsible for properly and fully receiving civil status registration dossiers in accordance with the civil status law, and must not require to submit additional papers which are not required by civil status law to be submitted.
Number of application: 01 set
Time limit for settlement: on the day of receiving the application; In case the application is received after 15 hours and cannot be resolved immediately, the results will be returned in the next working day.
Entities carrying out administrative procedures: Individuals.
Agency carrying out administrative procedures: Civil status database management agency.
Results of administrative procedures: Copy of civil status extract
Fees and charges: 8,000 VND/copy of Registered civil status extract/event
Application form and declaration: Declaration for issuance of a copy of civil status extract
Legal basis:
- Law on Civil Status 2014;
- 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;
- Circular 04/2020/TT-BTP detailing the implementation of a number of articles of the Law on civil status and Decree No. 123/2015/ND-CP dated November 15, 2015 of the Government detailing a number of articles and measures to implement the Civil Status Law;
- Circular No. 281/2016/TT-BTC dated November 14, 2016 of the Ministry of Finance stipulating the collection rate, mode of collection, payment, management and use of fees for exploitation and use of information in the Database civil status, fee for confirmation of Vietnamese nationality, fee for certification of Vietnamese origin, fee for nationality.
* Attachments:
Procedures to issue Investment Registration Certificate for projects not subject to approval of investment policy.
a) Order of execution:
- Step1: The investor shall submit a complete application for issuing the Investment Registration Certificate specified in Clause 1, Article 33 of the Law on Investment to the Department of Planning and Investment. In case the investment project to be implemented in 02 or more provincial-level administrative units, the investor shall submit the dossier to the Department of Planning and Investment of a province/city directly under the central government where the investor plans to set up an executive office in order to apply for the Investment Registration Certificate for the project.
* In case of online submission on the National Investment Information System: the investor shall register an account on the National Investment Information System; declare information, download digitally signed electronic documents on the National Investment Information System; then complete the dossier on the National Investment Information System (according to the announcement of the Department of Planning and Investment);
Step 2:
- The Department of Planning and Investment issue an Investment Registration Certificate.
b) Method of implementation:
- Submitting in person at the Department of Planning and Investment .
- Submitting online at the National Information System on investment.
c) Dossier components:
- An application for investment project implementation, including a commitment to bear all costs and risks if the project is not approved;
- Relevant papers on the investor’s legal entity;
- Proof of the investor’s financial capacity, including at least one of the following documents: financial reports in the two latest years; parent company’s commitment of financial support; commitment of financial support from a financial organization; guarantee of financial capacity of the investor; other documents proving financial capacity of the investor;
- Investment project proposal including the following information: investor or investor selection modality, investment objective, investment scale, capital and capital mobilization option, location, timeframe, progress, land use status of the project location and proposed land use need (if any), demand on labor force, proposed investment incentive, impact, social-economic effect, preliminary environmental impact assessment (if any) as per the environment protection law.
In case the construction law requires a pre-feasibility study, the investor is entitled to submit the pre-feasibility study instead of the investment project proposal.
- If the investment project does not require land allocation, land lease, or change of land use status, it is requested to attach a copy of land use right or other documents confirming the use of the location for the investment project;
- Statement of technology used in the investment project should it be required to technology verification or consultation, by law on technology transfer;
- Business Cooperation Contract for the investment project under BCC;
- Other documents related to the investment project, conditions and capacity of the investor as per laws (if any).
(*) For those projects in implementation progress, the investor shall submit dossier as specified Clause 1 Article 36 Decree No. 31/2021/NĐ-CP, in which, the investment project proposal is replaced by an investment project implementation report, from the beginning to the time requesting for an Investment Registration Certificate.
d) Quantity of dossiers: 01 set.
đ) Time limit for settlement: 15 days.
Within 15 days from the date of receipt of a valid dossier and the project sufficiently meets the conditions specified in Clause 3, Article 36 of Decree No. 31/2021/ND-CP, the Department of Planning and Investment shall issue an Investment Registration Certificate.
e) Agency carrying out administrative procedures The Department of Planning and Investment receives the dossier and issues Investment Registration Certificate.
g) Entities carrying out administrative procedures:
- Domestic investors with demand of Investment Registration Certificates;
- Foreign investors;
- Economic organizations with foreign capitals as specified in Point a, b and c Clause 1 Article 23 of the Law on Investment.
h) Results of administrative procedures:
Investment Registration Certificate as per Form A.II.8 enclosed with Circular 03/2021/TT-BKHĐT.
i) Fees and charges: Nil.
k) Templates and forms:
- Application for investment project implementation as per Form A.I.6 enclosed with Circular 03/2021/TT-BKHĐT.
- Investment project proposal as per Form A.I.4 enclosed with Circular 03/2021/TT-BKHĐT.
l) Requirements and conditions for the procedures:
- Investment projects are not subject to approval of investment policy
- Not belong to industries or sectors banned from investment and business as prescribed in Article 6 of the Law on Investment and international treaties on investment;
- Having a location for implementation of an investment project, determined on the basis of a valid copy of the land use right document or a valid copy of the location lease agreement or other document determining the right to use the site to carry out investment projects;
- Investment projects are in line with plans as regulated in Clause 7 Article 31 of Decree 31/2021/NĐ-CP;
- Meeting the conditions on investment unit cost on a land area prescribed by the Provincial People's Committee based on the actual conditions of the province and approved by the Standing Provincial People's Council (if any), the number of employees employed (if any);
- Meeting the conditions accessing the market in case of foreign investors.
m) Legal basis for procedures:
- Law on Investment No. 61/2020/QH14 dated 17 June 2020.
- Decree No. 31/2001/NĐ-CP dated 26 March 2021
- Circular No. 03/2021/TT-BKHĐT dated 09 April 2021
* Attachments:
Procedures for investment in forms of capital contribution/share purchase/purchase of contributed capital by foreign investors.
a) Order of execution:
- Step 1: Foreign-invested economic organization investing in the form of capital contribution, share purchase or purchase of contributed capital in the cases specified in Clause 2, Article 26 of the Law on Investment shall submit 01 dossier for registration of capital contribution or share or capital contribution purchase to the Department of Planning and Investment of the locality where the head office of the concerned economic organization is located.
- Step 2: The Department of Planning and Investment shall consider the satisfaction of conditions for capital contribution, share purchase or capital contribution as prescribed in Clause 2 Article 24 of the Law on Investment, Clause 4 Article 65 of Decree No. 31/2021/NĐ-CP and then notify the investors, except for the cases specified in Clause 4 Article 66 of Decree No. 31/2021/NĐ-CP. Written notices shall be sent to foreign investors and economic organizations in which foreign investors contribute capital, purchase shares or purchase capital contributions.
In case an economic organization has a foreign investor contributing capital, buying shares or buying a contributed capital portion having certificates of land use on islands, communes, wards that border or coastal communes, wards or other townships affecting national defense and security, the Department of Planning and Investment shall carry out the following procedures:
- Step 3: The Department of Planning and Investment shall consult the Ministry of National Defense and the Ministry of Public Security on the reply to conditions specified at point b clause 4 Article 65 of Decree No. 31/2021/NĐ-CP;
- Step 4: The Ministry of National Defense and the Ministry of Public Security shall give opinions on the satisfaction of conditions for ensuring national defense and security for economic organizations in which foreign investors contribute capital, purchase shares or purchase capital contributions; If the request is not made within the time limit, it shall be deemed to have agreed to meet the conditions for ensuring national defense and security for economic organizations in which foreign investors contribute capital, purchase shares or purchase shares capital;
- Step 5: The Department of Planning and Investment shall consider the satisfaction of conditions for capital contribution, share purchase or capital contribution as prescribed in Clause 2 Article 24 of the Law on Investment, Clause 4 Article 65 of Decree No. 31/2021/NĐ-CP and based on the opinions of the Ministry of National Defense and the Ministry of Public Security to notify the investors. Written notices shall be sent to foreign investors and economic organizations in which foreign investors contribute capital, purchase shares or purchase capital contributions.
b) Method of implementation:
- Submitting in person at the Department of Planning and Investment.
- Submitting via post office.
c) Dossier components:
- A written registration for capital contribution, share purchase or capital contribution purchase includes the following: information on enterprise registration of the economic organization which foreign investor intends to contribute capital, purchase shares, or purchase capital contribution; business sector; list of owners, members, founding shareholders, list of foreign owners, members, shareholders (if any); ratio of ownership of charter capital of foreign investors before and after capital contribution, share purchase, purchase of capital contribution; expected transaction value of the contract of capital contribution, share purchase, purchase of capital contribution; information on investment projects of economic organizations (if any);
- Copies of legal papers of individuals, organizations contributing capital, buying shares, purchasing capital contributions and economic organizations with foreign investors contributing capital, buying shares, purchasing capital contributions;
- Written agreement in principle on capital contribution, share purchase, purchase of capital contribution between foreign investors and economic organizations which foreign investors contribute capital, purchase shares, purchase capital contribution, or between foreign investors with shareholders or members of that economic organization;
- A copy of land use rights certificate of the economic organization with foreign investors contribute capital, purchase shares or purchase capital contributions (for the case specified at Point b, Clause 4, Article 65 of Decree No. 31/ 2021/ND-CP).
d) Quantity of dossier: 01 set.
đ) Time limit for settlement: 15 days.
- Within 15 days after receiving valid applications, the Department of Planning and Investment shall consider the satisfaction of conditions for capital contribution, share purchase or capital contribution as prescribed in Clause 2 Article 24 of the Law on Investment, Clause 4 Article 65 of Decree No. 31/2021/NĐ-CP and based on the opinions of the Ministry of National Defense and the Ministry of Public Security to notify the investors. Written notices shall be sent to foreign investors and economic organizations in which foreign investors contribute capital, purchase shares or purchase capital contributions.
- In case an economic organization has a foreign investor contributing capital, buying shares or buying a contributed capital portion having certificates of land use on islands, communes, wards that border or coastal communes, wards or other townships affecting national defense and security, the Department of Planning and Investment shall carry out the following Time limit for settlement:
+ Within 03 working days from the date of receiving valid documents as prescribed in Clause 2 of this Article, the Department of Planning and Investment shall consult the Ministry of National Defense and the Ministry of Public Security on the reply to conditions specified at point b clause 4 Article 65 of Decree No. 31/2021/NĐ-CP;
+ Within 07 working days from the date of receipt of the written request from the Department of Planning and Investment, the Ministry of National Defense and the Ministry of Public Security shall give opinions on the satisfaction of conditions for ensuring national defense and security for economic organizations in which foreign investors contribute capital, purchase shares or purchase capital contributions; If the request is not made within the time limit, it shall be deemed to have agreed to meet the conditions for ensuring national defense and security for economic organizations in which foreign investors contribute capital, purchase shares or purchase capital contributions;
+ Within 15 days after receiving valid applications, the Department of Planning and Investment shall consider the satisfaction of conditions for capital contribution, share purchase or capital contribution as prescribed in Clause 2 Article 24 of the Law on Investment, Clause 4 Article 65 of Decree No. 31/2021/NĐ-CP and based on the opinions of the Ministry of National Defense and the Ministry of Public Security to notify the investors. Written notices shall be sent to foreign investors and economic organizations in which foreign investors contribute capital, purchase shares or purchase capital contributions.
e) Agency carrying out administrative procedures:
The Department of Planning and Investment receives the application, informs the foreign investor and economic organizations with foreign investor contributing capital, buying share, buying capital contributions.
g) Entities carrying out administrative procedures:
- Economic organizations with foreign investors, economic organizations specified at Points a, b and c, Clause 1, Article 23 of the Law on Investment contribute capital, purchase shares, purchase capital contributions.
- Foreign investor, economic organizations specified at Points a, b and c, Clause 1, Article 23 of the Law on Investment contribute capital, purchase shares, purchase capital contributions to the economic organizations.
h) Results of administrative procedures:
Notice on the satisfaction of conditions for contributing capital, purchasing shares, purchasing capital contributions of foreign investors as Form A.II.20 enclosed with Circular No. 03/2021/TT-BKHĐT.
i) Fees and charges: Nil.
k) Templates and forms:
Application for capital contribution, share purchase, purchase of contributed capital by foreign investors as Form A.I.7 enclosed with Circular No. 03/2021/TT-BKHĐT.
l) Requirements and conditions for administrative procedures:
- The contribution of capital, purchase of shares, purchase of contributed capital increases the foreign investor’s ownership ratio in economic organizations engaged in business lines with conditional market access for foreign investors;
- The contribution of capital, purchase of shares, purchase of contributed capital leads to the fact that foreign investors and economic organizations specified at Points a, b and c, Clause 1, Article 23 of the Law on Investment hold more than 50% of the charter capital of economic organizations in the following cases: increasing the foreign ownership ratio of the charter capital from less than or equal to 50% to over 50%; increase the foreign ownership ratio of charter capital when foreign investors already own more than 50% of charter capital in economic organizations.
- Foreign investors contribute capital, purchase shares or purchase capital contributions from economic organizations with land use right certificates in islands and border communes, wards and townships; coastal communes, wards and towns; other areas affecting national defense and security, except for economic organizations implementing investment projects in industrial parks, export-processing zones, hi-tech zones and economic zones established under the Government's regulations.
m) Legal basis for procedures:
- Law on Investment No. 61/2020/QH14 dated 17 June 2020.
- Decree No. 31/2001/NĐ-CP dated 26 March 2021
- Circular No. 03/2021/TT-BKHĐT dated 09 April 2021
* Attachments:
Procedures for establishment of executive offices by a foreign investor in a Business Cooperation Contract (BCC).
a) Order of execution:
- Step 1: The foreign investor in a Business Cooperation Contract shall submit a complete application for establishment of executive office to the Department of Planning and Investment of the locality where the investor plans to set up an executive office.
- Step 2: Within 15 days from the date receiving the application, the Department of Planning and Investment grants Operation Registration Certificate for the Executive Office for the foreign investor in BCC.
b) Method of implementation:
- Submitting in person at the Department of Planning and Investment.
- Submitting via post office.
c) Dossier components:
- The application for establishment of executive office shall include: name and address of the representative office in Vietnam (if any) of the foreign investor in BCC; name and address of executive office; operation content, duration and scope of the executive office; full name, resident address, identification card number or passport of the head of the executive office;
- Decision of the foreign investor in BCC regarding the establishment of executive office;
- A copy of decision appointing the head of the executive office;
- A copy of BCC.
d) Quantity of dossier: 01 set.
đ) Time limit for settlement: 15 days.
Within 15 days from the date receiving the application, the Department of Planning and Investment grants an Operation Registration Certificate for the Executive Office for the foreign investor in BCC.
e) Agency carrying out administrative procedures:
The Department of Planning and Investment where the executive office is located will grant the Operation Registration Certificate for the Executive Office for the foreign investor in BCC.
g) Entities carrying out administrative procedures: Foreign investors.
h) Results of administrative procedures:
Operation Registration Certificate for the Executive Office as Form A.II.12 enclosed with Circular No. 03/2021/TT-BKHĐT.
i) Fees and charges: Nil.
k) Templates and forms:
Application for establishment of Executive Office for the foreign investor in a business cooperation contract as Form A.I.8 enclosed with Circular No. 03/2021/TT-BKHĐT.
l) Requirements and conditions for administrative procedures:
The BCC is signed between a domestic investor and a foreign investor or between foreign investors who carry out procedures for grant of an Investment Registration Certificate according to Article 38 of the Law on Investment.
m) Legal basis for administrative procedures:
- Law on Investment No. 61/2020/QH14 dated 17 June 2020.
- Circular No. 03/2021/TT-BKHĐT dated 09 April 2021.
* Attachments:
Procedures to terminate the operation of executive offices of foreign investors in BCC.
a) Order of execution:
- Step 1: The foreign investor shall send notification dossiers to the Department of Planning and Investment where the executive office is located.
- Step 2: The Department of Planning and Investment decides to revoke the Operation Registration Certificate for the Executive Office.
b) Method of implementation:
- Submitting in person at the Department of Planning and Investment.
- Submitting via post office.
c) Dossier components:
- A decision to terminate the operation of the executive office in case the office shuts down before due;
- List of creditors and the debt paid;
- The list of employees, their rights and interests settled;
- Confirmation by the Department of Tax on the completion of tax duties;
- Confirmation by social insurance agency on the completion of social insurance duties;
- Certificate for the registration of executive office;
- A copy of Investment Registration Certificate;
- A copy of business cooperation contract.
d) Quantity of dossier: 01 set.
đ) Time limit for settlement: 15 days.
Within 07 working days from the date of issuance of the decision to terminate the operation of the executive office, the foreign investor shall send a notification dossier to the Department of Planning and Investment where the executive office is located.
Within 15 days from the date receiving the application, the Department of Planning and Investment decides to revoke the Operation Registration Certificate for the Executive Office.
e) Agency carrying out administrative procedures: The Department of Planning and Investment decides to revoke the Operation Registration Certificate for the Executive Office.
g) Entities carrying out administrative procedures:
Foreign investors.
h) Results of administrative procedures:
A Decision on revocation of Operation Registration Certificate for the Executive Office as Form A.II.13 enclosed with Circular No. 03/2021/TT-BKHĐT.
i) Fees and charges: Nil.
k) Templates and forms:
Notice of termination of the operation of executive offices of foreign investors in a business cooperation contract as Form A.I.10 enclosed with Circular No. 03/2021/TT-BKHĐT.
l) Requirements and conditions for administrative procedures:
Foreign investors request the termination of operation of the executive offices.
m) Legal bases of administrative procedures:
- Law on Investment No. 61/2020/QH14 dated 17 June 2020.
- Circular No. 03/2021/TT-BKHĐT dated 09 April 2021.
* Attachments:
Issuance of a license to establish a representative office of a foreign trader in Vietnam
a. Order of execution:
- Step 1: Foreign traders wishing to issue a representative office establishment license prepare dossiers as prescribed.
- Step 2:
+ Traders submit dossiers at the Provincial Center for Service and Control of Administrative Procedures, address: No. 54 Hung Vuong Street, Quang Ngai City, Quang Ngai Province.
+ Officials receiving and checking dossiers:
If the application is complete and valid, a receipt shall be written and delivered to the trader.
In case the dossier is incomplete or invalid, the receiving officer shall guide the trader to fully supplement the dossier as prescribed.
- Step 3: Traders receive the results at the Provincial Center for Service and Control of Administrative Procedures of the province, address: No. 54 Hung Vuong Street, Quang Ngai City, Quang Ngai Province through direct methods or postal services.
b. Method of implementation:
- Documents submitted at the Provincial Center for Service and Control of administrative procedures, address: No. 54 Hung Vuong Street, Quang Ngai City, Quang Ngai Province through direct method or via postal service.
- Return the results at the Center for Service and Control of administrative procedures of the province, address: No. 54 Hung Vuong street, Quang Ngai city, Quang Ngai province through direct method or via postal service.
- Time for submission: during office hours on working days from Monday to Friday of the week (morning: from 7:15 to 11:15, afternoon: from 13:30 to 16:30).
c. Components of the dossier:
1. An application form for isuance of a license to establish a representative office, made according to the form of the Ministry of Industry and Trade, signed by a competent representative of the foreign trader;
2. A copy of the foreign trader's business registration certificate or paper of equivalent value;
3. The document of the foreign trader appointing the head of the representative office;
4. A copy of the audited financial statement or a written certification of the fulfillment of tax or financial obligations in the latest fiscal year or a paper of equivalent value issued by a competent agency or organization in the locality that established foreign traders grant or certify and prove the existence and operation of foreign traders in the latest fiscal year;
5. Copy of passport or identity card or citizen identification card (if Vietnamese) or passport copy (if foreigner) of the head of the representative office;
6. Documents on the proposed location of the representative office's headquarters, including:
- A copy of the memorandum of understanding or agreement to rent the location or a copy of the document proving that the trader has the right to exploit and use the location to locate the representative office;
- A copy of the document on the proposed location of the representative office of the foreign trader must conform to the provisions of Vietnamese law on security, order, occupational safety and health conditions and other conditions as prescribed by law; Representative offices are not allowed to lend or sublease their headquarters.
7. Documents specified at Point b, Point c, Point d and Point đ (for the case that the passport copy of the head of the representative office is a foreigner) in Section 4.1 must be translated into Vietnamese and certified accordance with the provisions of Vietnamese law. A copy of the business registration certificate or equivalent document of the foreign trader, which must be certified or legalized by a diplomatic mission or consular office of Vietnam abroad in accordance with regulations of Vietnamese law.
d. Number of application: 01 set.
đ. Time limit for settlement
1. Within 03 working days from the date of receipt of the application, the agency granting license shall examine and request supplementation if the application is incomplete or invalid. The request for additional records is made at most once during the processing of the application.
2. Except for the case specified at Point 3, within 05 working days from the date of receipt of complete and valid dossiers, the licensing agency shall grant or refuse to grant a license to establish a representative office for the foreign trader. In case of refusal, there must be a written explanation clearly stating the reason.
3. In case the operation contents of the representative office do not conform to the commitments of Vietnam or the foreign trader is not a member of a country or territory participating in an international treaty to which Vietnam is a contracting party and the case if the establishment of a representative office has not been prescribed in specialized legal documents, the licensing agency shall send a written request to the specialized management ministry within 03 working days from the date of receipt of valid documents. Within 05 working days from the date of receipt of the written request for opinions from the licensing agency, the Ministries of specialized management shall issue a written document stating their agreement or disagreement with the licensing of establishment of a representative office. Within 5 working days from the date of receipt of opinions from the specialized management ministry, the licensing agency shall grant or refuse to grant a license to establish a representative office for the foreign trader. In case of refusal, there must be a written explanation clearly stating the reason.
e. Entities carrying out administrative procedures: Foreign traders.
g. Agency carrying out administrative procedures:
- Competent authority to decide: Department of Industry and Trade.
- The agency directly implementing administrative procedures: Department of Industry and Trade.
h. Result of administrative procedures: License.
i. Fees and charges: 3,000,000 VND/license
k. Application form and declaration:
An application for granting or re-granting of a representative office establishment license, made according to Form MD-1 of the Appendix issued with Circular No. 11/2016/TT-BCT dated July 5, 2016 of the Ministry of Industry and Trade.
l. Requirements and conditions for carrying out administrative procedures:
Foreign traders may be granted a representative office establishment license when fully meeting the following conditions:
- Foreign traders may establish and register their business in accordance with the laws of countries or territories participating in international treaties to which Vietnam is a contracting party or recognized by the laws of these countries and territories;
- Foreign traders have operated for at least 01 year from the date of establishment or registration;
- In case the foreign trader's business registration certificate or paper of equivalent validity stipulates the operation term, time limit must be at least 01 year from the date of application submission.
- The operation contents of the representative office must be consistent with Vietnam's commitments in international treaties to which Vietnam is a contracting party;
- In case the operation contents of the representative office do not conform to the commitments of Vietnam or the foreign trader is not a member of a country or territory participating in an international treaty to which Vietnam is a contracting party, the establishment of Representative offices must be approved by ministers or heads of ministerial-level agencies in charge of specialized management (collectively referred to as Ministers of specialized management).
m. Legal basis:
- Commercial Law 2005;
- Decree No. 07/2016/ND-CP dated January 25, 2016 of the Government detailing the Commercial Law on representative offices and branches of foreign traders in Vietnam;
- Circular No. 11/2016/TT-BCT dated July 5, 2016 of the Ministry of Industry and Trade regulating the form of implementation of Decree No. 07/2016/ND-CP dated January 25, 2016 of the Government detailing Commercial Law on Representative Offices and Branches of Foreign Traders in Vietnam;
- Circular No. 143/2016/TT-BTC dated September 26, 2016 of the Ministry of Finance stipulating the rate, collection and payment of fees for licensing the establishment of representative offices of foreign trade promotion organizations, foreign traders in Vietnam.
* Attachments:
Re-issuance of the License for Establishment of Representative Offices of Foreign Traders in Vietnam
a. Order of execution:
- Step 1: Foreign traders wishing to re-grant a representative office establishment license prepare dossiers as prescribed.
- Step 2:
+ Traders submit dossiers at the Provincial Center for Service and Control of Administrative Procedures, address: No. 54 Hung Vuong Street, Quang Ngai City, Quang Ngai Province.
+ Officials receiving and checking dossiers:
If the application is complete and valid, a receipt shall be written and delivered to the trader.
In case the dossier is incomplete or invalid, the receiving officer shall guide the trader to fully supplement the dossier as prescribed.
- Step 3: Traders receive the results at the Center for Service and Control of administrative procedures of the province, address: No. 54 Hung Vuong Street, Quang Ngai City, Quang Ngai Province through direct methods or through postal services.
b. Method of implementation:
- Documents submitted at the Provincial Center for Service and Control of Administrative Procedures, address: No. 54 Hung Vuong Street, Quang Ngai City, Quang Ngai Province through direct method or via postal service.
- Return the results at the Provincial Center for Service and Control of Administrative Procedures, address: No. 54 Hung Vuong street, Quang Ngai city, Quang Ngai province through direct method or via postal service.
- Time to receive documents: at office hours on working days from Monday to Friday of the week (morning from 7:15 to 11:15, afternoon 13:30 to 16:30).
c. Components of the dossier:
1. In case of re-issuance of a representative office establishment license in case the representative office is relocated from a province, centrally-run city, or geographical area under its management a Management Board to another province, centrally-run city or geographical area under the management of another Management Board, a dossier includes:
- An application form for re-grant of a representative office establishment license, made according to the form of the Ministry of Industry and Trade, signed by a competent representative of the foreign trader;
- Notice of termination of operation of a representative office, made according to the form of the Ministry of Industry and Trade, deposited by a competent representative of the foreign trader to the License-issuing agency of the place where it is relocated, unless it is revoked the License for establishment of representative office.
- A copy of the granted representative office establishment license.
- Documents on the proposed location of the representative office to move to, including:
+ A copy of the memorandum of understanding or agreement to rent the location or a copy of the document proving that the trader has the right to exploit and use the location to locate the representative office;
+ A copy of the document on the proposed location for the head office of the representative office of the foreign trader must conform to the provisions of Vietnamese law on security, order, occupational safety and health conditions and other requirements as prescribed by law; Representative offices are not allowed to lend or sublease their headquarters.
2. In case of re-issuance of a representative office establishment license in case the representative office establishment license is lost, destroyed, damaged in any form, the application shall include: request for re-issuance of the License for the establishment of a Representative Office, made according to the form of the Ministry of Industry and Trade, signed by a competent representative of the foreign trader;
d. Number of application: 01 set
đ. Time limit for settlement:
- Within 03 working days from the date of receipt of the dossier, the licensing agency shall examine and request supplementation if the dossier is incomplete or invalid. The request for additional records is made at most once during the processing of the application.
- Within 03 working days from the date of receipt of complete and valid dossiers, the licensing agency shall re-issue the representative office establishment license. In case of refusal to re-grant, a written explanation must be clearly stated.
e. Entities of administrative procedures: Foreign traders
g. Agency carrying out administrative procedures:
- Competent authority to decide: Department of Industry and Trade
- The agency directly carrying out administrative procedures: Department of Industry and Trade
h. Result of administrative procedures: License