Commune-level People's Committees have no authority to issue birth certificates in Vietnam

Do Commune-level People's Committees have no authority to issue birth certificates in Vietnam?

Pursuant to Article 2 of Circular 17/2012/TT-BYT stipulating authority and procedures for issuing and reissuing birth certificates as follows:

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.

2. Procedures for issuing birth certificates

a/ Before a newborn baby is discharged, the medical facility specified in Clause 1 of this Article shall write the information in the birth certificate form provided in Annex 1 enclosed with this Circular. The parents or relatives shall read and check information before signing. A birth certificate is made into 02 equivalent copies: 01 copy is given to his/her parents or relatives for carry out procedures for birth registration; 01 copy is kept at the medical facility.

b/ In case a baby is born at home or at another place other than a medical facility, his/her relatives shall fill the application for birth certificate according to the form provided in Annex 2 enclosed with this Circular, then submit it to the local medical station of the commune or ward in order to be issued with a birth certificate. Within 3 working days from the date on which the application is received, such medical station shall verify the birth and issue the birth certificate. The issue of a birth certificate must comply with Point a Clause 2 of this Article. Where verification is necessary, the time limit for verification is 5 working days.

3. Procedures for reissuing birth certificate

a/ 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.

b/ 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

Thus, currently, according to the regulations on issuance of birth certificates in Vietnam, the Commune-level People's Committees do not have this authority. Instead, you can go to the Commune-level medical stations to apply for the above-mentioned giving birth at home.

Best regards!