Conditions for re-registration of birth, marriage, and death in Vietnam

Conditions for re-registration of birth, marriage, and death in Vietnam
Le Truong Quoc Dat

Below are the conditions for re-registration of birth, marriage, and death in Vietnam according to Decree 123/2015/ND-CP.

Condition  for  Re-registration  of  Birth,  Marriage,  Death

Conditions for re-registration of birth, marriage, and death in Vietnam​ (Image from the Internet)

1. Conditions for re-registration of birth, marriage, and death in Vietnam

The conditions for re-registration of birth, marriage, death in Vietnam according to Article 24 of Decree 123/2015/ND-CP are as follows:

- The birth, marriage, and death have been registered with the competent authority of Vietnam before January 1, 2016, but both the Civil Status Register and the original civil status documents have been lost, then re-registration is allowed.

- The requester for re-registration of birth, marriage, death is responsible for submitting full copies of documents and materials related to the re-registration.

- Re-registration of birth, marriage is only conducted if the requester is still alive at the time of receipt of the dossier.

2. Procedures for re-registration of birth in Vietnam

The procedures for re-registration of birth according to Article 26 of Decree 123/2015/ND-CP are as follows:

- The dossier for re-registration of birth includes the following documents:

+ A declaration form as per the prescribed template, including the requester's affirmation about having registered the birth but not retaining the original Birth Certificate;

+ Copies of all records, personal documents of the requester, or other records, documents containing information related to the person's birth registration;

+ In cases where the requester for re-registration of birth is an official or public employee, or is currently working in the armed forces, in addition to the documents specified in point a and point b, paragraph 1, Article 26 of Decree 123/2015/ND-CP, there must be confirmation from the head of the agency, unit regarding that person's birth details including surname, middle name, first name; gender; date of birth; ethnicity; nationality; native place; parental relationship consistent with the records managed by the agency, unit.

- Within 5 working days from the date of dossier receipt, the judicial-civil status official checks and verifies the dossier. If the re-registration of birth is in accordance with legal provisions, the judicial-civil status official carries out the re-registration of birth as per the procedure stipulated in paragraph 2, Article 16 of the Civil Status Law 2014.

If the re-registration of birth is conducted at a Commune People's Committee not previously registered, the judicial-civil status official reports to the Chairman of the Commune People's Committee with a written request to the People's Committee where the birth was previously registered to check and verify the preservation of the civil status register locally.

Within 5 working days from receiving the request, the People's Committee where the birth was previously registered examines, verifies, and provides a written response regarding the preservation or non-preservation of the civil status register.

- Within 3 working days from receiving the verification result of non-preservation of the civil status register at the place of prior registration, if the dossier is complete, accurate, and conformable to the law, the judicial-civil status official performs the re-registration of birth as per the provision in paragraph 2, Article 16 of the Civil Status Law 2014.

- In cases where the requester possesses a legal, previously issued copy of the Birth Certificate, the birth registration contents are recorded according to the previous Birth Certificate; the parental details are recorded per the re-registration time.

- If the requester has no copy of the Birth Certificate but the personal records and documents are consistent with the birth registration contents, re-registration is based on those contents. If the records and documents are inconsistent regarding the birth registration contents, the birth details are determined according to the first authoritative official records and documents issued by competent state agencies; specifically for officials and public employees, those in armed forces, the birth details are determined according to the document from the head of the agency, unit specified in point c, paragraph 1, Article 26 of Decree 123/2015/ND-CP.

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