Vietnam: What is a birth certificate? Procedure for issuing a birth certificate 2022? How important is a birth certificate?
- What is a birth certificate in Vietnam?
- How important is a birth certificate in Vietnam?
- What authority does the authority to issue birth certificates belong to according to Vietnamese regulations?
- How is the procedure for issuing a birth certificate for the first time done in Vietnam?
- How is the procedure for reissuance of a birth certificate carried out in Vietnam?
What is a birth certificate in Vietnam?
The birth certificate is one of the first documents of human beings at birth. This is an important document used to authenticate and confirm the birth of a person, as well as a basis for carrying out birth registration procedures for children or other procedures.
The birth certificate is valid for use until the child is born.
How important is a birth certificate in Vietnam?
The factors for birth certificates to become important are as follows:
Authenticate, record information about the birth of a person
Currently, in the birth certificate form, there is full information of the baby when it is born such as the information of the mother, the time and place of the baby was born, information related to the baby such as gender, weight, health, temporary name, name of the midwife, ...
Grounds for making a Birth Certificate
In case there is no birth certificate, based on the provisions of Decision 1872/QD-BTP in 2020, the person registering the birth of the child will have to prepare other documents proving the birth such as:
- A written witness confirming the birth; if there is no witness, there must be an affidavit of birth.
- In case a child is abandoned, a record of the abandoned child must be made by a competent agency.
Grounds for carrying out procedures for enjoying maternity benefits for parents
In case the child has not had time to make a birth certificate, parents can use a copy of the birth certificate to make a dossier of maternity benefits for themselves.
Vietnam: What is a birth certificate? Procedure for issuing a birth certificate 2022? How important is a birth certificate?
What authority does the authority to issue birth certificates belong to according to Vietnamese regulations?
Pursuant to the provisions of Clause 1 Article 2 of Circular 17/2012/TT-BYT stipulating the competence to issue specific birth certificates as follows:
Article 2. Authority and procedures for issuing and reissuing birth certificates
1. Authority to issue and reissue birth certificates
a/ General hospitals having maternity wards; maternity hospitals and obstetric-pediatric hospitals;
b/ Antenatal clinics;
c/ Commune-level medical stations;
d/ Other lawful medical facility licensed to provide midwifery services.
Accordingly, the authority to issue and reissue birth certificates belongs to:
- General hospital with obstetrics department; Obstetrics and Gynecology Hospital, Obstetrics and Pediatric Hospital;
- Maternity home;
- Commune-level health stations;
- Other lawful medical examination and treatment establishments are permitted to provide childbirth services.
How is the procedure for issuing a birth certificate for the first time done in Vietnam?
In Clause 2 Article 2 of Circular 17/2012/TT-BYT (this clause is supplemented by Clause 2 Article 1 of Circular 34/2015/TT-BYT and Points a and b of this Clause are amended by Clause 1 Article 1 of Circular 34/2015/TT-BYT and Clause 1 Article 1 of Circular 27/2019/TT-BYT) stipulates the procedures for issuing first-time birth certificates as follows:
- Before the infant goes home, the medical examination and treatment establishment specified in Clause 1 of this Article shall have to fully record the contents according to the form of birth certificate in Appendix 01 or Appendix 01A promulgated together with this Circular.
Parents or relatives of children are responsible for reading and checking the information before signing. The birth certificate is made into 02 copies of the same legal validity, 01 copy assigned to the child's father, mother or relatives for birth procedures and 01 copy stored at the medical examination and treatment facility.
- In case a child is born outside a medical examination and treatment establishment but is supported by a health worker or village midwife, the child's father, mother or caregiver must fill out the declaration of request for a birth certificate according to the form specified in Appendix 02 promulgated together with this Circular and submit it to the commune health station where the child was born to apply for issuance of birth certificates to children.
Within 03 working days from the date of receipt of the declaration of application for a birth certificate, the commune-level health station must carry out procedures for issuing a birth certificate to the child.
In case verification is required, the verification period must not exceed 05 working days. The issuance of birth certificates shall comply with the provisions of Point a, Clause 2 of this Article.
- In case a child is born as a result of the surrogacy technique, the spouse through surrogacy or the surrogate must submit a Certificate of childbirth by surrogacy technique according to Appendix No. 05 issued together with this Circular and a certified copy or photograph accompanied by the original to compare the Agreement on Pregnancy surrogacy for humanitarian purposes between spouses through surrogacy and the surrogate sending medical examination and treatment establishments where the child is born.
Infants born as a result of surrogacy techniques will be issued a Birth Certificate according to the Form specified in Appendix 01A issued together with this Circular. This birth certificate is a document proving the surrogacy when registering the birth.
The issuance of birth certificates shall comply with the provisions of Point a, Clause 2 of this Article.
How is the procedure for reissuance of a birth certificate carried out in Vietnam?
For regulations on procedures for reissuance of birth certificates, Clause 3 Article 2 of Circular 17/2012/TT-BYT specifies as follows:
- When a mistake is made when filling the the birth certificate form, the parent or relative shall make an application for reissuing the birth certificate according to the form specified in Annex 3 enclosed with this Circular, and submit it together with papers evidencing incorrect contents to the medical facility that has previously granted the birth certificate.
Within 2 working days from the date on which valid papers are received, the medical facility shall revoke the incorrect birth certificate for destruction. The application and evidencing papers shall be kept together with the old ones.
The reissued birth certificate must specify the number of the old birth certificate and bear the “reissued” mark. Where verification is necessary, the time limit for verification is 3 working days.
Papers proving that information is incorrect: In case the incorrect content is the mothers or caretaker’s first or last name. year of birth, place of permanent residence registration, number of identity card or ethnic group, and a copy of her identity card must be enclosed with the original for comparison; in case the incorrect content is the temporary residence registration, written certification of the local police office on temporary residence must be enclosed.
- In case the birth certificate is lost or damaged, the child’s parents or relatives shall make and send the medical facility that issued the first birth certificate an application for reissuing the birth certificate according to the form specified in Annex 3 enclosed with this Circular, the birth and residence must be certified by the person in charge of the neighborhood.
Within 2 working days from the date on which the application is received, the medical facility shall reissues the birth certificate similarly to the replacement of an incorrect birth certificate.
Where verification is necessary, the time limit for verification is 3 working days
Above is some of the information we provide to you. Best regards!
LawNet
