New regulations on household registration when organizing 2-level local government

This Decree provides for the division of authority of local governments according to the two-level local government organization model in the field of state management of the Ministry of Justice ; the order and procedures for implementing administrative procedures when dividing authority from the district level to the commune or provincial level.

Decree 120/2025/ND-CP specifically regulates the division of authority when organizing two-level local governments in the following fields: Judicial administration (civil status, adoption); authentication; grassroots mediation, state compensation.

In the field of civil status, Article 4 of Decree 120/2025/ND-CP specifically stipulates the authority to register civil status: People's Committees of communes, wards and special zones (hereinafter referred to as People's Committees at the commune level) exercise the authority to register civil status as prescribed in Clause 2, Article 7, Chapter III of the 2014 Law on Civil Status, Articles 1, 29, 31, 32, 33, 35, 36, 38, 39 and 41 of Decree No. 123/2015/ND-CP dated November 15, 2015 of the Government detailing a number of articles and measures to implement the Law on Civil Status amended and supplemented in 2020, 2022, 2025; Authority to exploit the Electronic Civil Status Database, confirm civil status information as prescribed in Article 8 of Decree No. 87/2020/ND-CP dated July 28, 2020 of the Government regulating the Electronic Civil Status Database, online civil status registration, amended and supplemented in 2025.

Individuals have the right to choose to carry out civil status procedures at their place of residence or elsewhere.

Individuals have the right to choose to carry out administrative procedures on civil status at the civil status registration agency where they reside; the individual's place of residence is determined according to the provisions of the law on residence.

In case an individual chooses to carry out administrative procedures on civil status not at the People's Committee of the commune where he/she permanently or temporarily resides, the People's Committee of the commune where the request is received is responsible for assisting the person in submitting the online civil status registration application to the correct competent authority as prescribed.

People requesting birth registration, death registration, recognition of father, mother, child, guardianship registration, change registration, termination of guardianship, registration of guardianship supervision, termination of guardianship supervision, registration of change, correction, addition to household registration, or re-determination of ethnicity do not have to be present at the household registration office to sign the Household Registration Book.

ORDER AND PROCEDURES FOR HOUSEHOLD REGISTRATION

1. The People's Committee at the commune level receives and resolves civil status registration as prescribed in Article 4 of Decree 120/2025/ND-CP in accordance with the procedures prescribed in Articles 36, 38, 40, 41, 42, 44, 47, 49, 50 and 52 of the Law on Civil Status; Article 9, Article 10, Articles 29 to 42 of Decree 123/2015/ND-CP and the following provisions:

a) The person requesting civil status registration has the right to choose to submit or present a paper or electronic copy of the civil status documents or provide information on the civil status documents of the registered individual. The civil status registration agency is responsible for looking up information on the provincial administrative procedure settlement information system through connection with the electronic civil status database and the national population database.

In case the search cannot be done because there is no information in the Electronic Civil Status Database or the National Population Database, the civil status registration agency shall request the person registering for civil status to submit or present relevant documents for proof.

b) The time limit for processing marriage registration procedures involving foreign elements is 05 working days from the date of receipt of complete and valid documents; in case verification is required, the time limit may be extended but not more than 10 working days.

c) The time limit for processing the procedure for registration of recognition of father, mother, and child is 10 working days from the date of receipt of complete and valid documents.

The time limit for verifying and posting the recognition of father, mother, or child at the headquarters of the People's Committee of the commune where the competent authority is to resolve the matter is 05 working days. The time limit for posting at the headquarters of the People's Committee of the commune where the person recognized as father, mother, or child permanently resides is 05 working days.

d) The time limit for processing procedures for registering in the family register the marriage, divorce, or annulment of marriage of a Vietnamese citizen that has been processed at a competent foreign authority is 05 working days from the date of receipt of a complete and valid dossier; in case verification is required, the time limit shall be extended but shall not exceed 08 working days.

2. In the order and procedures for implementation of the provisions stated in Clause 1, the tasks of the District People's Committee and the Chairman of the District People's Committee will be transferred to the Commune People's Committee and the Chairman of the Commune People's Committee; the tasks of the Department of Justice, the Head of the Department of Justice, and civil status officials at the district level will be transferred to the commune-level civil status and justice officials.

Responsibilities of the Chairman of the Provincial People's Committee in civil status work

According to Decree 120/2025/ND-CP, the revocation and cancellation of civil status papers and civil status registration contents issued by civil status registration agencies or registrations in violation of legal provisions are stipulated in Point e, Clause 1, Article 69, Point h, Clause 1, Article 70 of the Law on Civil Status and civil status papers and civil status registration contents issued by the Department of Justice or previously registered in violation of legal provisions, except for cases of illegal marriages as prescribed in the Law on Marriage and Family 2014, under the authority of the Chairman of the Provincial People's Committee.

Responsibility for state management of civil status of the People's Committee at the commune level

The People's Committee at the commune level shall perform state management of civil status in the locality; update, exploit and use the Electronic Civil Status Database within the scope of local management; synthesize and evaluate the implementation of civil status registration and management work and compile statistics on civil status registration data to report to the People's Committee at the provincial level.

Judicial and civil status officials assist the People's Committees at the commune level in performing civil status registration in accordance with the provisions of Article 4 of this Decree; synthesize and evaluate the implementation of civil status registration and management and compile statistics on civil status registration data in the area.

Civil registration agency, civil servant doing civil status work

Civil status registration agencies specified in Clause 1, Article 4 of the Law on Civil Status include People's Committees at commune level, diplomatic missions, and consular missions of Vietnam abroad.

Civil servants performing civil status work at the local level are civil servants performing judicial and civil status tasks at the commune level; civil servants of the Department of Justice are assigned to perform civil status work.

This Decree comes into force from July 1, 2025.

In case the civil status registration dossier has been received by the district-level People's Committee but has not yet been resolved or has been resolved but then related issues arise that need to be handled, it shall be transferred to the commune-level People's Committee where the applicant resides for further resolution and handling.

In case the applicant has changed his/her place of residence to another province or resides abroad, the People's Committee of the commune where he/she previously resided is responsible for handling the matter.

In case it is not possible to determine the competent People's Committee at the commune level to resolve according to the above regulations or the person requesting household registration does not have a place of residence in Vietnam, the Department of Justice is responsible for receiving the request or feedback of the people.

Within 02 working days from the date of receipt, the Department of Justice shall report to the Chairman of the Provincial People's Committee or, under the authorization of the Chairman of the Provincial People's Committee, assign the appropriate Commune People's Committee to resolve the request, ensuring the most convenience for the requester.

The Department of Justice is responsible for notifying and guiding the applicant to submit the application to the competent People's Committee at the commune level.

Source: https://baotuyenquang.com.vn/quy-dinh-moi-ve-dang-ky-ho-tich-khi-to-chuc-chinh-quyen-dia-phuong-2-cap-213370.html