Amendments to birth registration procedures in Vietnam from November 14, 2022

Amendments to birth registration procedures in Vietnam from November 14, 2022 (Internet image) 

The Ministry of Justice issued Decision 2228/QD-BTP dated November 14, 2022, announcing new administrative procedures; Administrative procedures amended and supplemented in the field of civil status are carried out at the civil status registration agency within the scope of management functions of the Ministry of Justice.

Amendments to birth registration procedures are as follows:

1. Birth registration documents in Vietnam

- Birth registration declaration form (if the requester chooses to submit the application directly);

Birth registration form

- Interactive electronic form for birth registration (provided by the requester according to instructions on the Public Service Portal, if the requester chooses to submit the application online);

- The person requesting birth registration must submit/present (in person), or upload (online) the following documents:

* Documents to be submitted:

- Original birth certificate; in case there is no birth certificate, submit a document from a witness confirming the birth; If there is no witness, there must be a written commitment to the birth;

- In case a child is abandoned, there must be a record of the child's abandonment prepared by a competent authority.

- In case of birth registration for a child born through surrogacy, there must be a written confirmation from the medical facility that has performed assisted reproductive techniques for the surrogacy.

- Authorization document (authenticated) according to the provisions of the law in case of authorization to perform birth registration.

* Documents to be presented:

- Passport/ID card or other documents with photo and personal information issued by a competent authority, still valid for use to prove the identity of the person requesting birth registration.

In case the personal information in these documents is already in the National Teacher Database or the Electronic Information Database and is automatically filled in by the system, there is no need to present (in person) or upload (in online form);

- Documents proving residence. In case information about documents proving residence is already in the National Teacher's Database and is automatically filled in, there is no need to present it in person or upload it (online);

+ Marriage certificate if the father and mother have registered their marriage. If there is information about the marriage of the father and mother in the e-Training Database or the National GVDC Database, there is no need to present it in person or upload it in online form.

In case the application is sent through the postal system, it must be accompanied by a certified copy of the documents required to be presented above.

Note:

- For documents submitted and presented if the requester submits documents in person:

+ For documents presented when registering civil status, the recipient is responsible for checking and comparing the information in the declaration, taking photos or recording the information to keep in the file, and returning it to the presenter. Do not request to submit a copy or photocopy of that document.

+ The person requesting civil status registration can submit a certified copy of the original, a copy issued from the original book, or a photocopy of the original document for comparison.

In case the requester submits a photocopy along with the original document, the recipient is responsible for checking and comparing the photocopy with the original and signing for confirmation. The registrant must not request a copy of the document.

+ The recipient is responsible for receiving correct and complete civil status registration dossiers according to the provisions of the civil status law and must not request the civil status registrant to submit additional documents that are not required to be submitted by the civil status law.

- For attached documents if the requester submits the application online:

+ Photocopies of documents attached to the online birth registration application must ensure clarity, completeness, and integrity of content.
is a copy taken with a camera, phone, or taken or scanned by an electronic device from a valid, validly issued document; If the document is issued by a foreign competent authority, it must be consularly legalized and translated into Vietnamese according to regulations, unless consular legalization is exempt.

+ In case the papers and documents that must be included in the online birth registration application have an electronic copy or there is an electronic copy of the civil status document, the requester can use this electronic copy.

+ When coming to the civil status registration agency to receive the results (Birth Certificate/copy of Birth Certificate), the person requesting birth registration must submit the original Birth Certificate; present identification documents; Original marriage certificate (if the child's parents have registered their marriage and information about the marriage is not yet available in the National Park Service Database or e-Database).

In case the person requesting birth registration fails to provide the above documents as prescribed or the submitted or presented documents are erased, altered, or falsified, the civil status registration agency has the authority to cancel the birth registration results.

- In case the person registering a child's birth is a grandparent or other relative, a written authorization from the child's father or mother is not required but must agree with the child's parents on the contents of the birth registration.

- For determining the child's family name, ethnicity, and naming:

+ Determining family name, ethnicity, and naming children must be in accordance with the law and the requirement to preserve Vietnam's national identity, customs, and fine cultural traditions; do not make the name too long or difficult to use.

+ In case the father and mother cannot agree on the child's last name, ethnicity, or hometown when registering the birth, the child's family name, ethnicity, and hometown are determined according to custom, but must be based on the family name, ethnicity, and hometown of the father or mother.

- In case the person requesting civil status registration is allowed to make a written commitment about the content of the request for civil status registration, the civil status registration agency must clearly explain to the person who made the written commitment the responsibility and legal consequences of the statement being untrue.

The civil status registration agency refuses to resolve or requests the competent authority to cancel the civil status registration results if there is a basis to determine that the commitment content is untrue.

2. Procedures for birth registration in Vietnam

- If choosing the direct application form, the person requesting birth registration submits the birth registration application at the one-stop shop of the competent commune-level People's Committee; Pay the fee if you are required to pay the birth registration fee; Pay the fee for issuing a copy of the Birth Certificate if a copy of the Birth Certificate is requested.

- If submitting application online, people who require birth registration can access the National Public Service Portal or Provincial Public Service Portal and register for an account (if they do not have an account) authenticate users according to instructions, log in to the system, and correctly identify the competent commune-level People's Committee.

People who request online birth registration provide information in the interactive electronic form for birth registration (provided on the Public Service Portal), attaching photocopies or electronic copies of papers and documents according to the law; Pay fees and charges through the online payment function or by other means according to law, and complete the application submission.

- The officer receiving documents at the One-Stop Department is responsible for checking the accuracy, completeness, consistency, and validity of the documents.

(i) If the application is complete and valid, the application will be received; If the application is received after 3:00 p.m., an Appointment Form will be issued and the results will be returned to the requester on the next working day (if the requester chooses to submit the application directly) or immediately send the appointment card, return results via email or send a text message to return results via mobile phone to the requester (if the requester chooses to submit the application online); Transfer documents to civil status officials for processing.

- After receiving dossiers in the form of direct submission, the dossier receiving officer at the One-Stop Department will digitize (copy and convert into electronic documents on the information system and database). and digitally sign documents and records handling administrative procedures that have been digitized according to regulations.

(ii) In case the dossier is not complete and valid, the person requesting to supplement and complete the dossier will be notified, clearly stating the type of documents and content that needs to be supplemented so that the person requesting the supplement and completion will be notified. . After the profile is added, repeat step (i);

(iii) In case the person requesting birth registration cannot supplement or complete the dossier, report to the Head of the One-Stop Department with a notice of refusal to process the birth registration request.

- Justice and civil status officers verify the dossier (verify the consistency and validity of the information in the dossier, papers and documents submitted, presented or attached by the requester).

+ In case the application needs to be supplemented, completed or is not eligible for processing and must be rejected, send a notification of the application status to the One-Stop Department to notify the applicant - repeat step (ii) or (iii);

+ In case it is necessary to check, verify and clarify or due to other reasons, the results cannot be returned on time as scheduled, the civil status officer will prepare an Apology Form and reschedule the date for returning the results clearly stating the reason for the delay in returning results and the appointment time for returning the results, transfer to the One-Stop Department to pay to the requester (if the requester chooses to submit the application directly), or send an Apology Form and reschedule the date to return the results via email or send a text message via mobile phone to the requester (if the requester chooses to submit the application online).

+ If the dossier is found to be complete, valid, and in accordance with regulations, in case of receiving the birth registration dossier directly, the judicial and civil status officer shall record the birth registration book, update the birth registration information on the shared electronic civil status registration and management software, and officially save it and transfer information to the National Population Database to obtain the Personal Identification Number.

In case of receiving an online birth registration application, the justice and civil status officer will return the electronic birth certificate form with complete information to the requester via email or digital device.

The requester is responsible for checking the accuracy and completeness of the information on the Electronic Birth Certificate form and confirming (maximum one day).

If the requester confirms that the information is agreed upon and complete or there is no response after the request deadline, the judicial and civil status officers shall record the content in the birth registration book, update the birth registration information on the shared electronic civil status registration and management software, officially save and transfer information to the QGVDC database to get the Personal Identification Number.

- After the National Teacher's Database returns the Personal Identification Number, the civil status and justice officer prints the Birth Certificate, submits it to the People's Committee Leader for signature, and forwards it to the One-Stop Department to return the results to the requester.

- The person requesting birth registration checks the information on the Birth Certificate, in the Birth Registration Book and signs the Birth Registration Book, receiving the Birth Certificate.

Note:

- Within 60 days from the date of birth, the father or mother is responsible for registering the child's birth; In the event that the father or mother cannot register the child's birth, the grandparent, other relative, individual, or organization raising the child is responsible for registering the child's birth.

- In case of birth registration for an abandoned child, after receiving the notice, the Chairman of the Commune People's Committee or the Head of the Commune Police shall be responsible for organizing and making a record of the abandoned child.

After making a record, the Commune-level People's Committee will post at the People's Committee headquarters for 07 consecutive days about the abandoned child. At the end of the listing period, if there is no information about the child's biological father or mother, the Commune-level People's Committee shall notify the individual or organization temporarily raising the child to register the child's birth.

- In the event that the child's father has not been identified, the child's family name, ethnicity, hometown, and nationality will be determined according to the mother's family name, ethnicity, hometown, and nationality. The section about the child's father is left blank. If, at the time of birth registration, the father requests to carry out child recognition procedures, the child recognition and birth registration will be combined.

- In the event that the child's mother has not been identified but when registering the birth, the father requests to carry out child recognition procedures, the child's recognition and birth registration will be combined; The declaration about the child's mother is left blank.

- In case the child is not abandoned and both parents have not been identified, do the same as registering the birth of an abandoned child, but clearly state in the civil status book that "Children have not yet identified their father and mother."

3. Time limit for processing birth registration procedures in Vietnam

On the day of receiving the request, if the application is received after 3:00 p.m. and cannot be resolved immediately, the results will be returned on the next working day.

4. Birth registration fee in Vietnam

- In cases where birth registration is not completed on time, the specific fee level is decided by the People's Council of the province or centrally run city.

- Fees are waived for those who register their birth on time and belong to families with meritorious service to the revolution; people from poor households; and people with disabilities.

- Fees for issuing copies of Birth Certificates (if requested) comply with regulations in Circular 281/2016/TT-BTC.

Decision 2228/QD-BTP takes effect from the date of signing.

Nhu Mai

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE