Latest instructions on procedures for reissuance of birth certificate in Vietnam

Regarding this matter, LawNet would like to answer as follows:

1. What is a birth certificate?

According to the provisions of Clause 6, Article 4 of the Law on civil status 2014, the term "Birth Certificate" is explained as follows:

Birth certificate means a document granted by a competent state agency to an individual upon birth registration; a birth certificate contains basic personal information specified in Clause 1, Article 14 of the Law on civil status 2014.

Contents of birth registration include:

- Information of the person whose birth is registered: family name, middle name and first name; gender; birthdate; birthplace; native place; ethnicity; and citizenship;

- Information of the parents of the person whose birth is registered: full name, middle name and first name; year of birth; ethnicity; citizenship; and place of residence;

- The personal identification number of the person whose birth is registered.

Thus, a birth certificate is a document granted by a competent state agency to an individual upon birth registration, which includes the following information

+ Full name;

+ Date of birth;

+ Gender;

+ Ethnicity;

+ Nationality;

+ Information of the parents;

+ Personal identification number.

2. Latest instructions on procedures for reissuance of birth certificate in Vietnam

2.1 Conditions for birth, marriage or death re-registration

When carrying out procedures to reissue a birth certificate, the requester must meet the following conditions:

- Any birth, marriage, or death registration that has been granted at the competent authority of Vietnam before January 1, 2016 but the vital records or originals copies from vital records are lost shall be eligible for re-registration.

- An applicant for birth, marriage, or death re-registration shall submit sufficient copies of relevant documents.

- The birth or marriage re-registration is only granted if the applicants are still alive at the time of receiving application.

(Pursuant to Article 24 of Decree 123/2015/ND-CP)

2.2 Application for birth re-registration

The application for birth re-registration includes the following documents:

- An application form as prescribed, specifying the assurance that the applicant has received birth registration but he/she fails to keep the original of the birth certificate;

Application form for birth re-registration: Download 

- Copies of all documents of the applicant, or other documents containing information in connection with the birth registration;

- If the applicant for birth re-registration is an official/public employee, or an armed force official, apart from documents prescribed in Point a and Point b of this Clause, he/she is required a document issued by the authority's head to certify that details of full name, sex, date of birth, race, nationality, native place, father-child relationship, mother-child relationship are consistent with the records under the authority’s management.

2.3 Procedures for re-registration of birth registration

- Within 5 working days from the date on which the application is received, the civil status official shall verify it. If the birth re-registration is consistent with regulations of law, the civil status official shall grant the birth re-registration as prescribed in Clause 2 Article 16 of the Law on civil status 2014.

If the application for birth re-registration is submitted at the People’s Committee of a commune other than the commune which has granted the former birth registration, the civil status official shall request the President of People’s Committee to request such the People’s Committee to verify if respective vital records are being kept.

Within 5 working days, from the date on which the request is received, the People’s Committee which has granted the former birth registration shall verify and respond in writing that if the vital records are being kept.

- Within 3 working days from the date on which verification results that the vital records are no longer kept in the commune where the birth registration has been granted are received and the application is considered satisfactory and consistent with regulations of law, the civil status official shall grant the birth re-registration as prescribed in Clause 2 Article 16 of the Law on civil status 2014.

- If the applicant still obtains a valid copy of the former birth certificate, the birth registration section in the certificated shall be filled out according to such copy, and the child’s parent section shall be filled out according to reality at the time of birth re-registration.

- If the applicant does not obtain a copy of the former birth certificate, but his/her personal documents are consistent with birth registration contents, they shall prevail.

If the applicant’s documents are not consistent with the birth registration contents, those in the document that has been issued by the competent authority firstly shall prevail; birth registration contents of an official/public employee or armed force official shall be determined according to the document issued by the authority’s head as prescribed in Point c Clause 1 of Article 26 of Decree 123/2015/ND-CP.

(Pursuant to Article 26 of Decree 123/2015/ND-CP)

2.4 Implementation method

People who request to re-register their birth can do so through the following two forms:

- If choosing the option of submitting documents in person, the person requesting to re-register their birth certificate must submit the re-registration application at the Single-Window Department of the local People's Committee at the commune level; pay the registration fee if required; and pay the fee for issuing a copy of the birth certificate if a copy is requested.

- If choosing the option of submitting documents online, the person requesting to re-register their birth certificate should access the National Public Services Portal or the provincial-level Public Services Portal, register an account (if they do not already have one), authenticate their user identity as instructed, log into the system, and correctly identify the competent People's Committee at the commune level.

Best regards!

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