What is the penalty for erasing and falsifying the contents of papers to carry out birth registration procedures in Vietnam?
- Is the act of erasing and falsifying the contents of papers issued by competent persons to carry out birth registration procedures prohibited by law?
- What is the penalty for erasing and falsifying the contents of papers issued by competent persons to carry out birth registration procedures in Vietnam?
- What are the required documents for birth registration procedures in Vietnam?
Is the act of erasing and falsifying the contents of papers issued by competent persons to carry out birth registration procedures prohibited by law?
According to Clause 1, Article 12 of the 2014 Law on Civil Status of Vietnam on prohibited acts as follows:
Prohibited acts
1. Individuals are prohibited from committing the following acts:
a/ Providing untruthful information and documents, forging or using forged papers or papers of other persons for civil status registration;
b/ Threatening, coercing or hindering the exercise and performance of the civil status registration right and obligation;
c/ Illegally intervening in civil status registration activities;
d/ Making false undertakings or witness statements for civil status registration;
dd/ Forging, modifying and falsifying contents of civil status papers or information in the civil status database;
e/ Giving bribes and promising material or spiritual benefits in order to obtain civil status registration;
g/ Abusing the civil status registration or shirking the civil status registration obligation for self-seeking purpose, enjoying the State’s preferential policy or earning illicit profits in whatever forms;
h/ Persons competent to decide on civil status registration making civil status registration for themselves or their relatives under the Law on Marriage and Family;
i/ Unduly accessing, hacking and destroying information in the civil status database.
Thus, according to regulations, individuals are strictly prohibited from forging, modifying and falsifying contents of civil status papers or information in the civil status database.
What is the penalty for erasing and falsifying the contents of papers to carry out birth registration procedures in Vietnam? (Image from the Internet)
What is the penalty for erasing and falsifying the contents of papers issued by competent persons to carry out birth registration procedures in Vietnam?
According to Article 37 of Decree No. 82/2020/ND-CP, violations of regulations on birth registration are regulated as follows:
Violations against regulations on birth registration
1. A fine ranging from VND 1,000,000 to VND 3,000,000 shall be imposed for erasing, correcting and falsifying the contents of papers issued by competent agencies, organizations or persons to carry out birth registration procedures.
2. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for one of the following acts:
a) Making false statements about the birth;
b) Providing untruthful information and documents about birth registration contents;
c) Using other people's papers to carry out birth registration procedures.
3. Additional penalties:
Confiscate material evidences which are papers and documents that have been erased or modified to falsify their contents, for violations specified in Clause 1 of this Article.
4. Remedial measures:
To propose competent agencies, organizations and persons to consider and handle the issued birth certificates due to violations specified in Clauses 1 and 2 of this Article; papers and documents have been erased or corrected to falsify the contents specified in Clause 1 of this Article.
Thus, erasing and falsifying the contents of papers issued by competent persons to carry out birth registration procedures can be subject to a fine of up to VND 3,000,000. In addition, violators are also subject to:
- Confiscate material evidences which are papers and documents that have been erased or modified to falsify their contents.
- Proposing competent agencies, organizations and persons to consider and handle the issued birth certificates due to violations specified in Clauses 1 and 2 of this Article; papers and documents have been erased or corrected to falsify the contents specified in Clause 1 of this Article.
This level of sanction stipulates that violators will be fined twice as much as individuals.
What are the required documents for birth registration procedures in Vietnam?
According to Article 16 of the 2014 Law on Civil Status of Vietnam, the procedures for birth certificate registration are as follows:
Birth registration procedures
1. Birth registrants shall submit declarations made according to a set form and birth certification papers to the civil status registration agency. If having no birth certification paper, 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; for birth registration for abandoned children, there must be a written record certifying the child’s abandonment made by a competent agency; for birth registration for children born by surrogate mothers, there must be a document proving the surrogacy as prescribed by law.
2. Immediately after receiving full papers specified in Clause 1 of this Article, if seeing that the birth declaration is complete and proper, justice and civil status officers shall record birth registration contents under Clause 1, Article 14 of this Law in the civil status books and update them in the electronic civil status database and the national population database for getting personal identification numbers.
Justice and civil status officers and birth registrants shall together sign in the civil status books. Chairpersons of commune-level People's Committees shall grant birth certificates to birth registrants.
3. The Government shall stipulate in detail the birth registration for abandoned children and children whose parents have not yet been identified due to surrogacy; and the determination of native places for abandoned children and children with unidentified parents.
Thus, according to regulations, birth registrants shall submit declarations made according to a set form and birth certification papers to the civil status registration agency. If having no birth certification paper, 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; for birth registration for abandoned children, there must be a written record certifying the child’s abandonment made by a competent agency; for birth registration for children born by surrogate mothers, there must be a document proving the surrogacy as prescribed by law.
LawNet
