This is one of the important contents of the Circular No. 04/2020/TT-BTP of the Ministry of Justice of Vietnam, replacing Circular No. 15/2015/TT-BTP elaborating a number of articles of the Law on Civil Status of Vietnam and Decree No. 23/2015/NĐ-CP, effective from July 16, 2020.
Article table of contents
DOWNLOAD: Birth re-registration application
1. Application for procedures for birth re-registration
* Dossiers to be submitted
According to Article 9 of the Circular No. 04/2020/TT-BTP of the Ministry of Justice of Vietnam, the applicant for birth re-registration shall submit copies of all of the documents mentioned below (if any) and a confirmation that they have submitted all available documents; and take responsibilities and consequences arising if the confirmation is untruthful as prescribed, specifically as follows:
- Birth re-registration application, which contains the applicant's commitment that all available documents have been submitted (the original).
- Copies of all dossiers and papers of the applicant or dossiers, papers and other documents including information related to birth registration, including:
+ A copy of the birth certificate lawfully issued by the competent Vietnamese authority (certified copy from the original, a copy issued from the Birth Register); 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;
+ In case an applicant for birth re-registration does not have the documents mentioned above, the following documents, lawfully issued by competent Vietnamese authorities, may provide the bases for birth re-registration: Identity card or passport; Family registry, temporary residence registry, documentary evidences of place of residence; Degrees, certificates, school report book, school records issued or confirmed by competent authorities; other documents containing full name and date of birth of the applicant.
The applicant shall submit copies of all of the above-mentioned 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 prescribed by law.
- In case the person requesting for birth re-registration is an official, public employee or person currently working in the armed forces, the written certification of the head of the agency or unit about the contents of his/her birth registration including last name, middle name, first name; gender; date of birth; nationality; hometown; parents - child relationship must be obtained, which is consistent with the records managed by the agency or unit (the original).
- Power of attorney in accordance with the law in case of authorization to re-register the birth. In case the authorized person is a grandfather, grandmother, father, mother, child, wife, husband, brother, sister, younger brother or younger sister of the person who authorized, the power of attorney is not required to be authenticated (the original).
* Dossiers to be presented:
- Passport/ID card/citizen ID card or other papers with photos and personal information issued by competent authorities, still valid for use to prove the identity of the person who requests for birth re-registration (the original).
- Proof of residence to determine the authority for birth re-registration (during the transition period) (the original).
2. Procedures for birth re-registration application
- The applicant for birth re-registration shall submit dossiers in one of the following forms:
+ Submit directly at the competent commune-level People's Committee;
+ Submit online;
+ Submit via post.
- The recipient is responsible for immediately checking the entire dossier, comparing the information in the declaration and the validity of the papers in the dossier submitted and presented by the applicant.
- If the application is complete and valid, the person receiving the application shall write a receipt, clearly stating the date and time of returning the results; if the application is incomplete, the applicant shall be instructed to supplement and complete the application according to regulations; in case it is not possible to supplement or complete the dossier immediately, a written instruction must be made, clearly stating the types of papers and contents to be supplemented, completed, then signed and clearly stated the full name of the recipient.
- After receiving the dossier, the civil status - judicial officer shall check and verify the dossier.
- After completing the examination and verification of the dossier, the judicial officer will complete the procedure and issue the original birth certificate to the requester.
3. Determination of birth re-registration contents
According to Article 10 of the Circular No. 04/2020/TT-BTP of the Ministry of Justice of Vietnam, in case an applicant for birth re-registration has the documents required by regulation, the birth re-registration contents shall be determined based on such documents.
At the time of birth re-registration, if there is any change to information on the applicant’s parent or the applicant themselves contained in the previous documents, the applicant shall present valid documentary evidence of such change. If such change complies with regulations of laws, birth re-registration contents shall be determined based on the new information; and the outdated information shall be written on the back of the birth certificate and in the Remark section in the birth register.
If the mother or father of the applicant has passed away, “Deceased” shall be written in the Place of residence field in the birth register and birth certificate.
If the name of an administrative location written in issued documents has changed, the current name shall be used and the previous name shall be written on the back of the birth certificate and in the Remark section of the birth register.
4. Time limit and fees for birth re-registration registration
Time limit: 05 working days according to Article 10 of the Circular No. 04/2020/TT-BTP of the Ministry of Justice of Vietnam. In case of verification, the time limit for settlement shall not exceed 25 days.
Fees: According to Circular No. 85/2019/TT-BTC of the Ministry of Vietnam guiding fees and charges falling under the decision-making authority of the People's Councils of provinces and central-affiliated cities, fees for birth re-registration registration will be according to the fee rate set by the provincial People's Council. Fees are exempted for people from families with revolutionary merits; people from poor households; people with disabilities.
Le Vy
- Key word:
- Circular No. 04/2020/TT-BTP
