Is there a fee waiver when registering birth late for children with disabilities in Vietnam?

Is there a fee waiver when registering birth late for children with disabilities in Vietnam?

My child was just born and was diagnosed with a hand disability. Because I was in the hospital, I am now going to register a late birth certificate for my child. Will I be exempt from the registration fee? My child has a disability certificate.

Answer:

According to Clause 1, Article 3 of the Law on Civil Status in 2014, the contents of civil status registration include birth registration.

According to Clause 1, Article 11 of the Law on Civil Status in 2014 stipulating civil status registration fees as follows:

Exemption from civil registration fees in the following cases:

- Registration of civil status for people with revolutionary merits; people from poor households; people with disabilities;

- Registration of birth, death, guardianship, and marriage of Vietnamese citizens residing in Vietnam on time.

Based on the above regulations, when registering a birth on time, Vietnamese citizens residing in Vietnam will be exempt from fees. In the case of registering a birth for a person with a disability, regardless of whether it is on time or late, the registration fee is waived. Therefore, your child will be exempt from the registration fee for registering a birth, even if it is late.

Can the registration of a birth in Vietnam be denied if not enough documents are submitted?

Does the People's Committee at the commune level have the right to refuse to register a birth if the person requesting registration does not submit all of the required documents under the law?

Answer:

According to Clause 2, Article 5 of the Law on Civil Status in 2014, the following principles for civil registration are as follows:

All civil status events of an individual must be registered in a timely, accurate, objective, and complete manner; if the conditions for civil registration are not met in accordance with the law, the head of the civil registration office shall refuse in writing and state the reason.

According to Clause 1, Article 3 of the Law on Civil Status in 2014, the contents of civil status registration include birth registration.

In addition, according to Article 16 of the 2014 Civil Registration Law and Article 9 of Decree 123/2015/ND-CP, the following documents are required for registration:

- A declaration of birth;

- A birth certificate. If there is no birth certificate, a document from a witness confirming the birth must be submitted; if there is no witness, a certificate of birth must be submitted; in the case of registering a birth for abandoned children, a record of the abandonment of the child must be submitted by the competent authority.

- In case the parents of the child are married, they must also present a marriage certificate.

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

As regulations above, the person registering the birth must submit all of the above documents.

Therefore, in the case where the person requesting birth registration does not submit all of the documents required by law, the head of the civil registration office has the right to refuse in writing and state the reason.

Can someone other than the parents register the birth of a child in Vietnam?

My wife is still weak after giving birth, and I am busy with work, so I have not been able to register the birth of my child for more than a month. I would like to ask if I can ask the grandfather to register the birth of my child for me.

Answer:

According to Clause 1, Article 15 of the Law on Civil Status in 2014, the responsibility to register birth is as follows:

Within 60 days of the child's birth, the father or mother is responsible for registering the birth of the child; in case the father or mother is unable to register the birth of the child, the grandparents, other relatives, or individuals or organizations caring for the child are responsible for registering the birth of the child.

Therefore, if you and your spouse are unable to register the birth of your child, you can ask your grandparents or other relatives to register the birth of your grandchild within 60 days.

Best regards!