In which cases is it possible to extract birth certificates without having to authorize in Vietnam?
My boss wanted to extract his son's birth certificate, but because he didn't have time, he asked the employee to go. So, in this case, does the person who goes to extract the birth certificate for another person's child must have a written authorization in Vietnam?
In which cases is it possible to extract birth certificates without having to authorize in Vietnam?
In Clause 1, Article 2 of Circular 04/2020/TT-BTP, there are provisions:
1. An applicant for issuance of a copy of a civil status extract, issuance of a marital status certificate or registration of a vital event listed in Article 3 of the Law on Civil Status (hereinafter collectively referred to as “civil registration application”) may authorize another person to carry out such application; excluding marriage registration, marriage re-registration and recognition of parent-child relationship, which may not be authorized but one party may submit an application to the competent civil registration authority without a written authorization from the other party.
Authorization must be granted in writing and certified as per the law. Such certification is not required if the authorized person is a biological sibling, grandparent, parent, child or spouse of the authorizing person.
2. In case the applicant for registration of the birth of a child is the a grandparent or another relative of the child according to regulations in Clause 1 Article 15 of the Law on Civil Status, the authorization letter from the child’s parent(s) is not required but the child’s parent(s) must agree on the contents of the birth certificate.
Thus, according to the above provisions in Vietnam, in case a biological sibling, grandparent, parent, child or spouse of the authorizing person go to extract the birth certificate, he must still make a written authorization, but not certified written authorization is required. If the person taking the extract does not have the above relationship, a certified written authorization must be made.
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