CIRCULAR

ON ELABORATION OF DECREE NO. 87/2020/ND-CP DATED JULY 28, 2020 ON ELECTRONIC CIVIL STATUS DATABASE, ONLINE CIVIL REGISTRATION

Circular No. 01/2022/TT-BTP dated January 4, 2022 of the Minister of Justice on elaboration of Decree No. 87/2020/ND-CP dated July 28, 2020 of the Government on electronic civil status database and online civil registration, effective from February 18, 2022, amended by:

Circular No. 03/2023/TT-BTP dated August 2, 2022 of the Minister of Justice on amendments to Circular No. 01/2022/TT-BTP dated January 4, 2022 of the Ministry The Minister of Justice on elaboration of Decree No. 87/2020/ND-CP dated July 28, 2020 of the Government regulating the electronic civil status database and online civil registration, coming into force as of August 2, 2023.

Pursuant to the Law on Civil Status No. 60/2014/QH13 dated November 20, 2014;

Pursuant to Decree No. 87/2020/ND-CP dated July 28, 2020 on electronic civil status database, online civil registration;

Pursuant to Government's Decree No. 96/2017/ND-CP dated August 16, 2017 on functions, tasks, powers, and organizational structure of the Ministry of Justice;

Pursuant to Decree No. 30/2020/ND-CP dated March 5, 2020 of the Government on clerical work;

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Pursuant to Decree No. 47/2020/ND-CP dated April 9, 2020 of the Government on management, connection and sharing of digital data of regulatory agencies;

Pursuant to Decree No. 61/2018/ND-CP dated April 23, 2018 of the Government on single window and interlinked single window in handling administrative procedures; Decree No. 107/2021/ND-CP dated December 6, 2021 of the Government on amendments to Decree No. 61/2018/ND-CP dated April 23, 2018 of the Government on single window and interlinked single window in handling administrative procedures;

At the request of the Director of the Department of Civil Status, Nationality and Authentication;

The Minister of Justice promulgates a Circular on elaboration of Decree No. 87/2020/ND-CP dated July 28, 2020 of the Government regulating the electronic civil status database, online civil registration.

Article 1. Scope

This Circular elaborates Decree No. 87/2020/ND-CP dated July 28, 2020 of the Government on electronic civil status database and online civil registration (hereinafter referred to as Decree No. 87/2020/ND-CP) on the management, utilization, and use of the electronic civil status database, connection and sharing of information with the National Population Database and other databases; online civil registration process; civil status confirmation; issuance, instructions for use, and management of electronic civil status documents.

Article 2. Regulated entities

1. Ministries, ministerial-level agencies, Governmental agencies, and other regulatory agencies that connect, share, utilize, and use the electronic civil status database.

2. People's Committees at all levels, domestic civil registries and diplomatic missions and consular agents of the Socialist Republic of Vietnam (hereinafter referred to as overseas missions).

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Article 3. Connection and sharing of information between the Electronic Civil Status Database and the National Population Database, National Insurance Database, other databases, and National Public Service Portal, Public Service Portal, and Provincial Single-Window E-system

Connection and sharing of information between the Electronic Civil Status Database and the National Population Database, National Insurance Database, other databases, and National Public Service Portal, Public Service Portal, and Provincial Single-Window E-system, electronic information systems serving administrative procedures are set out in Article 10, Article 11 of Decree No. 87/2020/ ND-CP, and the following instructions:

1. The connection and sharing of information between the Electronic Civil Status Database and the National Population Database, National Insurance Database, and other databases; National Public Service Portal; Public Service Portal, Provincial Single Window E-system, and electronic information systems to handle online civil registration procedures are implemented through an national integrated and sharing platform or other connection methods on the basis of written agreements between the Ministry of Justice and agencies that manage databases and electronic information systems, in compliance with Decree No. 47/2020/ND-CP dated April 9, 2020 of the Government on management, connection, and sharing of digital data of regulatory agencies, guidance from the Ministry of Information Technology and Communications.

2. Electronic Civil Status Database connects, shares, and provides information as prescribed in Clause 2, Article 10 of Decree No. 87/2020/ND-CP for the National Population Database as soon as the civil registry registers it in the Civil Status Register and officially saves it in the Electronic Civil Status Database. If technical difficulties prevent the database from connecting or sharing information at the time of registration, the database management agency will coordinate and take corrective action within five business days. The record date for information is calculated from the time of registration in the Civil Status Register.

3. When personal civil status information is adjusted or supplemented in the Electronic Civil Status Database, it is immediately updated and shared with the National Population Database using the utility functions provided in the shared civil registration software. It is the authoritative source for updating other databases when connected and shared, ensuring that information is consistent, synchronized, and accurate.

4. Upon receiving and processing requests for online connection of the following procedures: Upon receiving and processing requests for online connection of the following civil registration procedures: birth registration, permanent residence registration, issuance of health insurance cards to children under 6 years old, death registration, and deletion of permanent residence registration, the civil registry shall electronically transfer copies of birth certificates and death declaration extracts with corresponding electronic records to the competent authority, through the shared civil registration software, for residence registration, issuance of health insurance cards, and settlement of claims for survivor benefits, funeral expense support, and funeral support, in accordance with the law.

Article 4. Principles for processing information in the Electronic Civil Status Database

1. If an individual is registered as born after January 1, 2016, his/her personal identification number is issued at the time of registration, and his/her information registered in the Electronic Civil Status Database is then entered into the National Population Database, then his/her information can only be adjusted in accordance with Clause 1, Article 12 of this Circular.

If it is necessary to amend or cancel the legal value of birth information, resulting in the need to reissue or cancel the personal identification number, the agencies responsible for the Electronic Civil Status Database and the National Population Database shall coordinate and take corrective action. Once complete, the processing results shall be updated and saved in the Electronic Civil Status Database, and synchronized with the National Population Database.

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All adjustments to information must be recorded with the legal basis, the decision-maker, the implementer, the date and time, and the content of the adjustment.

3. If any citizen information in other databases differs from the information in the Electronic Civil Status Database or National Population Database, the information in the Electronic Civil Status Database and National Population Database shall be the authoritative source for adjusting the citizen information in other databases.

If certain documents prove that information in another database predates the information in the Electronic Civil Status Database, the management agencies of the two databases shall discuss and resolve the discrepancy. If evidence exists to establish that information in the Electronic Civil Status Database is inaccurate, the person with the inconsistent information shall be assisted in correcting their civil status in accordance with the law.

Article 5. Level of online civil registration

1. Civil registries shall receive and process requests for online civil registration in accordance with the level of implementation of online public services in provinces of Vietnam and overseas missions.

2. A list of civil registries that cannot receive and process online civil registration requests shall be officially announced on the National Public Service Portal, the Ministry of Justice's website, the Ministry of Foreign Affairs' website on consular work, and provincial single window websites.

Article 6. Submitting, receiving, and giving processing results of online civil registration

The submission, receipt, and processing of online civil registration applications are carried out in accordance with Article 12 of Decree No. 87/2020/ND-CP and the following instructions:

1. Copies of documents attached to online civil registration applications must be clear, complete, and accurate, and must be captured using a camera, phone, or other electronic device from legally issued, valid documents. Documents issued by a foreign competent authority must be consularized and translated into Vietnamese in accordance with regulations, unless exempt from consularization.

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2. Applicants may use electronic copies of documents required to be attached to online civil registration applications, or electronic copies of civil status documents that are already available.

Applicants with a personal identification number are not required to attach a copy of identification documents or proof of residence to their online civil registration application. The civil registry shall use information from the Electronic Civil Status Database and the National Population Database based on the applicant's personal identification number.

3. Upon receiving the online application, the civil registrar shall verify the information in the application and return the completed electronic form to the applicant by email or digital device. The applicant must review the electronic form for accuracy and completeness within one working day.

If the applicant confirms the accuracy and completeness of the electronic form or does not respond by the deadline, the civil registrar shall process the application.

4. Civil registration procedures after receiving online civil registration applications are conducted in accordance with the Law on Civil Status, Decree No. 123/2015/ND-CP dated December 15. November 2015 of the Government on elaboration of the Law on Civil Status, Article 12, Article 13 of Decree No. 87/2020/ND-CP and Circular No. 04/2020/TT-BTP dated May 28, 2020 of the Minister of Justice on elaboration of the Law on Civil Status and Decree No. 123/2015/ND-CP (hereinafter referred to as Circular No. 04/2020/TT-BTP).

5. Online civil registration results are returned in accordance with Clauses 4 and 5 of Article 12 of Decree No. 87/2020/ND-CP and the following instructions:

a) For civil status events requiring the applicant's presence at the civil registry, applicants must present identification documents to receive the results on the appointment date; they also have to submit or present original documents that have been sent as copies in the online civil registration application so that the civil registry will retain the records or compare the documents in accordance with the civil status law, except for electronic copies (if any).

b) If a civil registration applicant fails to provide the documents required in subsection (a), or if the submitted documents are erased, modified, or falsified, the competent civil registry shall cancel the civil registration results.

Article 7. Issuance of civil status extracts

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2. If the information in Clause 1 of this Article is insufficient, the applicant must provide basic information in the civil status document to facilitate the search.

For example:

- If an applicant requests a marriage extract but cannot provide the marriage certificate number or date of marriage registration, the applicant must provide the surnames, middle names, first names, and dates of birth of the spouses.

- If an applicant requests a copy of a birth certificate but cannot provide the certificate number or date of birth registration, the applicant must provide the surnames, middle names, first names, and dates of birth of the child and the child’s parents.

3. The civil registry shall refuse an application for a copy of a civil status extract or birth certificate if the applicant provides incomplete or inaccurate information, and the information cannot be retrieved.

Article 8. Confirmation of personal civil status information

1. Competent civil registries as prescribed in Clause 2, Article 13 of Decree No. 87/2020/ND-CP shall, based on the Electronic Civil Status Database, Civil Status Registers, and civil registration records, issue civil status confirmation documents to individual applicants in the following cases:

a) Confirm the civil status event of an individual, including changes to the registration content authorized by a competent state agency, changes to the civil status or ethnicity re-determination of Vietnamese citizens, or documentation to the Civil Status Register resolved by a competent foreign agency, and changes to the individual's civil status according to judgments and decisions of competent regulatory agencies.

For example:

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- Confirm the birth information of an individual whose ethnicity has been redetermined or whose Vietnamese nationality has been relinquished.

If an individual's civil status has not changed, the civil registry will not issue a civil status confirmation document. Instead, the civil registry will direct the applicant to apply for a copy of their birth certificate or civil status extract, unless a competent agency requests a written confirmation to resolve a case related to that applicant.

b) Confirm various civil status information of the individual.

For example:

- Confirm all civil status information of an individual, including birth registration; marriage registration; change to or correction of civil status, ethnicity re-determination; paternity and maternity establishment; guardianship; death registration, etc.

- Confirm information about a number of registered civil status events such as: birth registration; paternity and maternity establishment; adoption; marriage, documentation of marriage in the Civil Status Register, etc.

c) Confirm that an individual's civil status information is inconsistent, remains uncorrected, and not covered by Clause 1, Article 4, and their electronic civil status records are not available as prescribed in Article 11 of this Circular.

For example:

- A person’s birth certificate states their name as Tran Van Q, born 1963, while their marriage certificate states their name as Tran Manh Q, born 1963;

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d) Applicants must attach photocopies or electronic copies of required documents to prove their civil status information. In case verification is needed, the civil registry shall request police and other relevant agencies for verification according to Clause 3, Article 13 of Decree No. 87/2020/ND-CP. If the verification result does not contain any information or is inconsistent with the applicant's documentation, the civil registry will refuse to issue a civil status confirmation document.

dd) A civil status confirmation document issued at an individual's request must clearly and fully state the content and date of initial registration, as well as the content, basis, and date of any changes or corrections to civil status information up to the date of issuance of the confirmation document.

2. The civil registry shall, based on the Electronic Civil Status Database, Civil Status Register, a civil registration application, and authority of a corporate applicant, issue a civil status confirmation document to the corporate applicant in the following cases:

a) Confirm a civil status event or several civil status events of an individual that has/have been registered.

For example:

- Confirm the birth registration of Mr. Nguyen Van A;

- Confirm birth registration, documentation of civil status changes according to judgments or decisions of competent regulatory agencies (divorce judgment/decision, paternity or maternity establishment, decision on renunciation Vietnamese nationality, etc.);

- Confirm all civil status information of a person (including all civil status events of that person from birth, marriage, to death registration, etc. that have been... registered and kept in the Electronic Civil Status Database).

b) Confirm civil status information of multiple individuals.

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- Confirm birth registration of all children of a couple;

- Confirm birth registration for those who were born in 2020, residing in Ward A.

c) At the request of the corporate applicant and based on their authority, a civil status confirmation document may clearly and fully state the content and date of initial registration, as well as the content, basis, and date of any changes or corrections to the information up to the date of issuance of the confirmation document, or it may only confirm the civil registration information (number, date, registry), or it may only confirm the registered civil status statistics.

For example:

- Upon request of an investigation agency to verify the civil status information of an individual for investigation, verification, or proceedings, the civil registry shall issue a document confirming all civil status information of the registered individual, clearly stating the full content, date, initial civil registration, and subsequent changes or corrections up to the date of confirmation.

- To confirm Mr. Nguyen Van A's marriage registration for the prosecution agency's inspection and settlement of a divorce or other civil dispute, the civil status confirmation document only needs to confirm that Mr. Nguyen Van A is married and provide the marriage certificate number, date, and registry.

- To confirm information for the school or education authority's inspection and assessment of school attendance rates, the civil status confirmation document may provide statistics on the number of children by area of residence and year of birth, or a list of children with birth registration information (birth certificate number, date, and registry), as requested.

3. When issuing a civil status confirmation document at the request of an organization or individual, the civil registry must comply with legal regulations on protecting privacy, family secrets, and the honor and reputation of individuals.

4. A civil status confirmation document issued under Article 1(a), (b), or (c) has the same legal value as civil status documents and can be used to prove civil status information when an individual conducts administrative procedure or participates in other civil transactions in accordance with the law.

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1. Issued together with this Circular:

a) Forms: Civil status confirmation; application for civil status confirmation; death notice (Appendix 1);

b) Content of integrated interactive electronic civil status forms, for online civil registration (Appendix 2);

c) Samples of electronic copies of civil status documents (Appendix 3).

2. The legal value of electronic copies of civil status documents is set out in Clause 6, Article 12 of Decree No. 87/2020/ND-CP, and the following instructions:

a) Electronic copies of civil status documents are as valid as paper civil status documents in online transactions and administrative procedures, and can replace paper civil status documents when carrying out civil registration procedures in person at civil registries.

b) The QR code on an electronic copy of a civil status document links to the data and image format of the corresponding civil status document in the Electronic Civil Status Database. This QR code can be used to verify the accuracy, validity, and detailed information of the civil status document in the Electronic Civil Status Database.

c) Individuals, agencies, and organizations can verify the accuracy, expiration date, and updated information of electronic copies of civil status documents by scanning the QR codes.

Article 10. Digitization of Civil Status Registers

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2. Responsibilities for implementing digitalization:

a) The Consular Department, Ministry of Foreign Affairs, and overseas missions are responsible for digitizing Civil Status Registers registered at the overseas missions. The Consular Department, Ministry of Foreign Affairs is responsible for the accuracy and legal validity of civil status information digitized from Civil Status Registers registered at overseas missions.

b) The Department of Justice is responsible for developing a digitalization plan for locally registered and stored civil status registers, submitting it to the Provincial People's Committee for approval and implementation, and ensuring the accuracy and legal validity of civil status information digitized from locally registered and archived civil status registers.

c) Committee Divisions of Justice of districts, towns, provincial cities, cities affiliated to centrally affiliated cities (hereinafter referred to as districts); People's Committees of communes, wards, and towns (hereinafter referred to as communes) are responsible for coordinating with the Department of Justice in digitizing and ensuring the accuracy and legal validity of civil status information digitized from locally registered and archived civil status registers.

3. The process of digitizing civil status data is carried out according to technical documents guided by the Ministry of Justice. The agency responsible for digitizing the Civil Status Register must ensure accuracy and completeness before approving and officially updating data into the Electronic Civil Status Database.

4. The digitization of Civil Status Registers must comply with regulations on protecting privacy, family secrets, and relevant legal regulations, ensuring confidentiality and information security.

Article 11. Creating and updating e-civil status records

1. Each individual has a unified and unique e-civil status record in the Electronic Civil Status Database, linked to their personal identification number. All civil status information for registered individuals, as well as any subsequent changes or corrections, is updated and recorded in this record.

2. In case an e-civil status record is established through new birth registration on the shared civil registration software, this record is updated automatically.

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3. Once the electronic civil status record is updated as prescribed in Clause 2 of this Article and the personal identification number is received, the civil registry will add the personal identification number to the personal identification number section in the birth registration book based on the Electronic Civil Status Database. If the previous birth registration book does not contain a personal identification number, write it in the "Notes" column of the birth registration book, clearly stating the basis as "addition of personal identification number from the Electronic Civil Status Database" and bear corresponding signatures and seals. Attach a photocopy of the corresponding birth registration page, with the additional information recorded in the individual's e-civil status record in the Electronic Civil Status Database.

4. The civil registry will, based on the Electronic Civil Status Database or citizen identification card or validly issued written notification of personal identification number, supplement civil status information in accordance with regulations.

Article 12. Amendments to the Electronic Civil Status Database

1. Civil status information of an individual that has been officially registered and kept in the Electronic Civil Status Database in the e-civil status record can only be amended in the following cases:

a) The civil registry authorizes that individual to make changes or corrections to their civil status information, redetermine their nationality, record in the Civil Matter Register that a Vietnamese citizen's civil status has been resolved by a competent foreign agency, and change their civil status according to a judgment or decision of a competent regulatory agency.

b) If an individual's information in the Electronic Civil Status Database is inconsistent with the civil registration application, the civil registry must report the discrepancy to the superior management agency of the Electronic Civil Status Database through the shared civil registration software. The discrepancy can only be corrected with the permission of the superior management agency.

2. The head of the Electronic Civil Status Database management agency or authorized individual must review information and records before making a decision on whether to allow changes to information in the Electronic Civil Status Database.

Article 13. Deletion of e-civil status data

1. If the civil registry receives a legally binding judgment or decision from a competent state agency revoking or canceling the legal validity of a civil status document or content registered in the Civil Status Register, the civil registry that previously performed civil registration must request that the corresponding electronic civil status data in the Electronic Civil Status Database be deleted through the shared civil registration software.

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a) Types of civil status event, registry, registration number, date of registration, and specific information to be deleted;

b) Reasons and grounds for requesting deletion;

c) Electronic copy of the judgment or decision on revocation or cancellation of civil status document of the competent state agency.

3. The Electronic Civil Status Database management agency under the Ministry of Justice must review and approve requests to delete valid electronic civil status data from the shared civil registration software. Deleted civil status data no longer has legal validity, but it remains recorded in the individual's electronic civil status record and can be used to issue corresponding civil status confirmation documents.

The Electronic Civil Status Database management agency under the Ministry of Justice may restore deleted electronic civil status data if there is a legally binding document or decision from a competent state agency authorizing restoration.

Article 14. Implementation

1. Civil registries and civil registrars shall promptly, fully, and accurately update registered civil status information in the Electronic Civil Status Database, and create and update e-civil status records of individuals using the shared civil registration software.

2. The Departments of Justice, the Divisions of Justice, and the Commune People's Committees shall develop plans and budget estimates, and ensure the availability of equipment and infrastructure, for the digitization of civil status registers, the creation and maintenance of the Electronic Civil Status Database, and the provision of online civil registration services, in accordance with the level of implementation of online public services in the locality.

3. Despite the incomplete digitization of civil status registers, the inconsistent operation and linkage of the Electronic Civil Status Database to the National Population Database, and the failure of competent authorities responsible for interconnected administrative procedures (as specified in Clause 4, Article 3 of this Circular) to connect or share data with the Electronic Civil Status Database, if applicants fail to provide electronic copies or electronic copies of the civil status documents for civil status events that do not require in-person registration, civil registries shall may issue civil status documents, copies of birth certificates, civil status extracts to corresponding applications under Clause 5 Article 12 of Decree No. 87/2022/ND-CP, using forms in Circular No. 04/2020/TT-BTP, and even use digital signatures to validate the authenticity of documents as prescribed in Circular No. 41/2017/TT-BTTTT dated December 19, 2017 of the Minister of Informational Technology and Communications.

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1. This Circular comes into force as of February 18, 2022.

2. People's Committees at all levels and relevant agencies shall implement this Circular.

Difficulties which may arise in connection with this Circular should be reported to the Ministry of Justice for further guidance./.

AUTHENTICATION OF CONSOLIDATED DOCUMENT

PP. MINISTER
DEPUTY MINISTER




Mai Luong Khoi