Vietnam: Instructions for re-issuance of birth certificates

Vietnam: Instructions for re-issuance of birth certificates (Source: Internet)

1. Birth re-registrationion

1.1. Requirements for birth re-registrationion

Pursuant to Article 24 of Vietnam's Decree 123/2015/ND-CP stipulating the conditions for birth, marriage or death re-registration as follows:

- Any birth, marriage, or death registration that has been granted at the competent authority of Vietnam before January 1, 2016 but the vital records or originals copies from vital records are lost shall be eligible for re-registration.

- An applicant for birth, marriage, or death re-registration shall submit sufficient copies of relevant documents.

- The birth or marriage re-registration is only granted if the applicants are still alive at the time of receiving application.

As mentioned above, the new birth registration is done according to the birth re-registration procedure.

1.2 Application for birth re-registration

In Clause 1, Article 26 of Decree 123/2015/ND-CP, the application for birth re-registration shall include:

(1) 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;

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

(3) If the applicant for birth re-registration is an official/public employee, or an armed force official, apart from documents prescribed in (1),(2), 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.

1.3. Birth re-registration procedure

Clauses 3, 4, 5, and Article 26 of Vietnam's Decree 123/2015/ND-CP specify the following procedures for birth re-registration:

Cases where the commune-level People's Committee is the place where the birth was registered before

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 2014.

Cases where the commune-level People's Committee is not the place where the birth was registered before.

Step 1: Check your civil status and determine

If the birth registration re-registration is carried out at the commune-level People's Committee, which is not the place where the birth was previously registered, the judicial and civil status civil servant shall report to the President of the People's Committee in writing to request the People's Committee. The People's Committee of the previous place of birth registration shall check and verify the keeping of civil status books in the locality.

Step 2: The People's Committee of the place where the birth is registered to check and determine

Within five working days from the date of receipt of the written request, the People's Committee of the place where the birth was previously registered shall examine, verify, and reply in writing whether or not it is still kept. Keep the civil status book.

Step 3: Re-register your birth certificate.

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.

- In case the requester has a valid copy of the previously issued birth certificate, the content of the birth registration registration shall be written according to the content of the copy of the birth certificate;

The declaration of father and mother is recorded according to the time of birth re-registration.

- In case the requester does not have a copy of the birth certificate but the personal records and papers agree on the content of the birth registration, re-registration is according to that content.

If the dossiers and papers are inconsistent with the birth registration contents, the birth registration contents shall be determined according to the first valid official dossiers and papers issued by competent state agencies;

In particular, for cadres, civil servants, public employees, and people working in the armed forces, the content of birth registration shall be determined according to the document (3) of the head of the agency or unit.

2. Re-issuance of the original book's copy

2.1. Right to request a copy of the original book

Pursuant to Article 16 of Vietnam's Decree 23/2015/ND-CP, stipulating that organizations and individuals entitled to request for issuance of copies from master registers are as follows:

- Organizations and individuals that are issued with originals

- Legal representatives, persons authorized by organizations, individuals

- Parents, children; spouses, sisters, brothers; successors to deceased holders of originals.

Thus, in the case of loss of a birth certificate, which is not in the case of birth re-registration, it will have to apply for a re-issue of a copy from the original book.

2.2. Application for re-issuance of a copy of the original book

According to Article 17 of Vietnam's Decree 23/2015/ND-CP, stipulating that the person requesting a copy of the original book must present:

- The original or a certified true copy of the valid ID card or passport for the person receiving the application to check.

- Papers proving the relationship with the original grantee if the original is the applicant but not the original issued individual or organization.

2.3. Procedures for re-issuance of a copy of the original book

Step 1: Submit the application.

The person requesting the issue of a copy of the original book must present the documents specified in Section 2.2 above.

Step 2: Issue a copy to the requester.

To issue copies to requesters, agencies and organizations must rely on the original books.

The contents of the copy must be recorded in accordance with the contents recorded in the original book.

In the event that the original book cannot be stored or there is no information on the content of the request for the issuance of a copy, the agency or organization shall reply in writing to the requester.

In case the requester for a copy of the original register sends the request by post, it must be enclosed with a certified true copy of the papers specified in Clause 1, Article 17 of Vietnam's Decree 23/2015/ND-CP, and one (1) stamped envelope clearly stating the recipient's full name and address for the agency or organization that issues the copy.

2.4. Time limit for the issue of copies of the original book

The time limit for issuing copies from the original registers shall comply with the provisions of Article 7 of Vietnam's Decree 23/2015/ND-CP, specifically:

Time limit for authentication must be ensured right in the day the request for authentication is received or in the following day if the request is received after 15 hours;

Except for the cases specified in Articles 21, 33, and 37 of Decree 23/2015/ND-CP.

In the event that the request for a copy of the original book is sent by post, the time limit shall be enforced as soon as the agency or organization receives a complete and valid dossier according to the postmark.

Ngoc Nhi

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