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Legal Document
Title: DECISION on the Use of Documents regarding Family Registration No. 770/MoHA, dated 31 October 2012
Type: Decision
Responsible Agency: Ministry of Home Affairs
Issuing Date: 2012-10-31
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Contents

CHAPTER 1: General Provisions

Article 1.Objective

Article 2.Scope of Application

Article 3.Principles of Management on the Use of Documents

CHAPTER II: Names, Forms, Submission, and Certification of Documents

Article 4.Names of Documents

Article 5.Forms

Article 6.Submission and Certification of Documents

CHAPTER III: Prohibitions, Awards for Good Performance, and Measures against Violators

Article 7.Prohibitions

Article 8.Awards for Good Performance

Article 9.Measures against Violators

CHAPTER IV: Final Provisions

Article 10.Implementation

Article 11.Effectiveness


Lao People’s Democratic Republic

Peace Independence Democracy Unity Prosperity

 

Ministry of Home Affairs                                                                                No. 770/MoHA

                                                                                          Vientiane Capital, 31 October 2012                                         

DECISION

on

the Use of Documents regarding Family Registration

  • Pursuant to the Law on Family Registration No. 12/NA, dated 27 November 2009;
  • Pursuant to the Prime Minister’s Decree on the Organization and Operation of the Ministry of Home Affairs No. 253/MoHA, dated 19 August 2011;
  • Pursuant to the Request Letter of the Citizen Management Department No 04/CMD, dated 22 October 2012;

The Minister of Home Affairs hereby issues a Decision.

 

CHAPTER 1

General Provisions

Article 1.Objective

This Decision defines principles, forms, methods, and measures relating to the use of documents regarding family registration as a reference for mutual implementation and with the aim of maintaining peace and social order.

Article 2.Scope of Application

This Decision applies to the use of four documents: a birth certificate, a marriage registration certificate, a divorce certificate, and a death certificate for Lao citizens and aliens countrywide.

Article 3.Principles of Management on the Use of Documents

  1. 1 To ensure uniformity and compliance with laws and regulations;
  2. 2 To ensure justice, humanity, and moral ethics;
  3. 3 To ensure peace, social order, and stability of life;
  4. 4 To ensure convenient, transparent, and speedy services.

 

 

CHAPTER II

Names, Forms, Submission, and Certification of Documents

Article 4.Names of Documents

  1. 1 A birth certificate;
  2. 2 A marriage registration certificate;
  3. 3 A divorce certificate;
  4. 4 A death certificate.

Article 5.Forms

  1. 1 A birth certificate is attached herewith in annex 1;
  2. 2 A marriage registration certificate is attached herewith in annex 2;
  3. 3 A divorce certificate is attached herewith in annex 3;
  4. 4 A death certificate is attached herewith in annex 4.

The above forms are set out and published only by the Ministry of Home Affairs.

Article 6.Submission and Certification of Documents

  1. 1 Submission of documents and certification of birth must comply with the following:
  • Submission of documents for a birth certificate

When a child is born in a family, a clinic, or a hospital, the family’s head or representative must declare this, in writing or verbally, to the chief of village where he/she is residing by submitting documents relating to the childbirth issued by a clinic or a hospital as evidence for the birth declaration;

For a baby who is born in other places, a father, a mother, or a family representative must declare the birth to the chief of village in which the baby is born.

  • Certification of birth
  • A village chief shall issue a birth certificate within 5 working days after receiving a declaration of a newly born baby, and an applicant must submit such birth certificate for registration with a District Office of Home Affairs;
  • A District Office of Home Affairs shall register the birth within 30 working days from the date of receiving a birth certificate;
  • A District Office of Home Affairs shall forward this to a District Office of Public Security for family registration.
  1. 2 Submission of documents and certification of marriage must comply with the following:
  • Submission of documents for a marriage

A couple seeking to get married must submit an application, curriculum vitae, a certificate of single status for each applicant, a minute of engagement, residence certificates for the couple, a medical certificate, and in the case of an applicant being divorced or widowed, the appropriate certification.

  • Certification of documents for marriage
  • An application from a couple with the signature and stamp of a chief of village where the man or woman is residing must be submitted to a District Office of Home Affairs;
  • The District Office of Home Affairs must consider the application for marriage within 3 working days from the date of receiving the application;
  • If it is considered that the couple meets all conditions, the District Office of Home Affairs shall call the couple to conduct a marriage registration in the presence of three witnesses provided by the couple;
  • For marriage between a Lao and a foreign citizen, Decree No. 198/PM, dated 19 December 1994, must be complied with. A marriage between a Lao and a foreign citizen taking place outside the territory of the Lao PDR shall comply with Notice No. 1144, dated 16 July 2012, of the Foreigner Management Department, Ministry of Public Security.
  1. 3 Submission of documents and certification of divorce must comply with the following:
  • Submission of documents for divorce
  • An application for divorce of a husband and wife;
  • A minute of divorce issued by a village chief (in case of voluntary divorce) or a final decision by a competent court.
  • Certification of documents for divorce

A District Office of Home Affairs must register and issue a divorce certificate to each of the couple within 3 working days from the date of receiving the application.

  1. 4 Submission of documents and certification of death must comply with the following:
  • Submission of documents

If a member of a family passes away, a family representative must notify a village chief in writing;

If any person is found death, it must be notified in writing or verbally to a village chief or a police officer where the corpse was found.

  • Certification of death

After receiving a declaration from a villager, a village chief must issue a death certificate within 5 working days as evidence of death;

The District Office of Home Affairs must notify the death to a District Office of Public Security to delete the name from family registration in accordance with regulations;

In the case of receiving a declaration that a corpse has been found, a village chief must report this to the relevant officers in a timely manner.

 

 

CHAPTER III

Prohibitions, Awards for Good Performance,

and Measures against Violators

Article 7.Prohibitions

  1. 1 Any act of abusing one’s positions to hold back, delay, or falsify documents is prohibited;
  2. 2 Any act of accepting or demanding bribes from individuals or families is prohibited;
  3. 3 Any act of collecting official fees exceeding the amount as stipulated in laws is prohibited;
  4. 4 vAny act of providing false and incorrect information is prohibited.

Article 8.Awards for Good Performance

Staff or individuals with outstanding performance in implementing this Decision will receive awards and other policies as appropriate.

Article 9.Measures against Violators

Staff or individuals who violate this Decision will be warned, fined, or punished in accordance with laws and regulations.

 

 

CHAPTER IV

Final Provisions

Article 10.Implementation

  1. 1 The Ministry of Home Affairs supervises, monitors, and encourages the strict implementation of this Decision;
  2. 2 The Provincial Divisions of Home Affairs, District Offices of Home Affairs, village administrative authorities, and other parties shall acknowledge and strictly implement this Decision;
  3. 3 All authorities involved in the issuance and use of family registration documents shall coordinate and cooperate with each other in implementing this Decision successfully.

Article 11.Effectiveness

This Decision is effective from the date of signature.

 

 

Minister of Home Affairs

 

[Signature and seal]

Khampan PHILAVONG



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