Can the Birth Registration be Refused if Incomplete Documents are Submitted?

Can the People's Committee at the commune level refuse to register a birth if the person requesting the birth registration does not submit the required documents according to legal regulations?

Section 2 Article 5 of the 2014 Civil Status Law stipulates the principles of civil status registration as follows:

All civil status events of individuals must be fully, promptly, truthfully, objectively, and accurately registered; in cases where the conditions for civil status registration as prescribed by law are not met, the head of the civil status registration agency shall refuse a written statement and clearly state the reasons.

According to Section 1 Article 3 of the 2014 Civil Status Law, birth registration is a civil status event.

Additionally, according to Article 16 of the 2014 Civil Status Law and Article 9 of Decree 123/2015/ND-CP, the documents required for registration include:

- Birth registration application form;

- Birth certificate. In cases where there is no birth certificate, a written document from a witness confirming the birth must be submitted; if there is no witness, a sworn statement of the birth is required; in cases of birth registration for abandoned children, there must be a record confirming the abandonment established by the competent authority.

- If the child's parents are married, the marriage certificate must also be presented.

- The person registering the birth must present the original of one of the following documents: passport, identity card, citizen identification card, or other papers with a photo and personal information issued by the competent authority and still valid to prove identity.

Accordingly, the person registering the birth must submit all the above-mentioned documents.

Thus, in case the requester for birth registration does not submit sufficient documents as prescribed by law, the head of the civil status registration agency has the right to refuse in writing and clearly state the reasons.

Respectfully!

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