What are birth re-registration procedures in Vietnam? What are documents providing bases for birth re-registration in Vietnam?

1. What are birth re-registration procedures in Vietnam? 

According to Article 26 of Decree 123/2015/ND-CP, the birth re-registration procedures are as follows:

1. An application for birth re-registration shall include:

a) 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;

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

c) 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. 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.

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.

3. 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.

4. 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.

5. 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 this Article.

6. The Ministry of Justice shall provide guidelines for documents as the basis for birth re-registration as prescribed in this Article.

2. What are documents providing bases for birth re-registration in Vietnam? 

Article 9 of Circular 04/2020/TT-BTP stipulates documents providing bases for birth re-registration as follows:

Documents providing bases for birth re-registration mentioned in Point b Clause 1 Article 26 of Decree No. 123/2015/ND-CP include:

1. A copy of the birth certificate lawfully issued by the competent Vietnamese authority.

2. The authentic copy or a copy of a replacement of the birth certificate issued before 1945 in the North and before 1975 in the South.

3. In case an applicant for birth re-registration does not have the documents mentioned in Clause 1 and Clause 2 of this Article, the following documents, lawfully issued by competent Vietnamese authorities, may provide the bases for birth re-registration:

a) Identity card or passport;

b) Family registry, temporary residence registry, documentary evidences of place of residence;

c) Degrees, certificates, school report book, school records issued or confirmed by competent authorities;

d) Other documents containing full name and date of birth of the applicant.

The applicant shall submit copies of all of the abovementioned documents (if any) and a confirmation that they have submitted all available documents; and take responsibilities and consequences arising if the confirmation is untruthful as per regulations in Article 5 of this Circular.

4. If documents submitted by an applicant for birth re-registration do not contain proof of parent-child relationship, the civil registration authority shall request the competent public security authority to confirm in writing.

If the public security authority has no information to provide, the civil registration authority shall request the applicant to draw up a written confirmation of accuracy of information on their parents according to regulations in Articles 4 and 5 of this Circular and determine the birth registration contents based on such confirmation.

Best Regards!