Is it allowed to change native place of an individual in the birth certificate in Vietnam?

Is it allowed to change native place of an individual in the birth certificate in Vietnam? (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. What is birth certificate?

- Birth certificate means a document granted by a competent state agency to an individual upon birth registration; a birth certificate contains basic personal information as follows

+ Information of the person whose birth is registered: family name, middle name and first name; gender; birthdate; birthplace; native place; ethnicity; and citizenship;

+ Information of the parents of the person whose birth is registered: full name, middle name and first name; year of birth; ethnicity; citizenship; and place of residence;

+ The personal identification number of the person whose birth is registered.

(Clause 6, Article 4, Law on Civil Status 2014)

2. How to determine native place of an individual under the law Vietnam?

Native place of an individual shall be determined based on the native place of his/her father or mother as agreed upon by the father and mother or according to practices and written in the birth declaration form submitted upon birth registration.

Thus, native place of an individual shall be determined based on the native place of his/her father or mother as agreed upon by the father and mother or according to practices and written in the birth declaration form submitted upon birth registration.

(Clause 8, Article 4 of the Law on Civil Status 2014)

3. What are ways to change native place of an individual in the birth certificate in Vietnam

According to Article 7 of Decree 123/2015/ND-CP, conditions for changes and correction of civil status affairs are as follows:

- An application for change of full name of a person less than 18 years of age prescribed in Clause 1 Article 26 of the Law on civil status shall be subject to his/her parents’ consent which is specified in such application. An application for change of full name of a person aged 9 or older shall also be subject to his/her consent.

- Civil status correction prescribed in the Law on civil status means correction of personal information in vital records or originals of civil status documents which have been carried out only when there are substantial grounds to prove presence of mistakes at the civil status official’s faults or at the applicant’s faults.

Thus, according to the above regulations, changing native place in the birth certificate can only be done when there are substantial grounds to prove presence of mistakes at the civil status official’s faults or at the applicant’s faults.

4. What are the procedures for changing native place of an individual in the birth certificate in Vietnam?

Article 28 of the Law on Civil Status 2014 stipulates procedures for registration of civil status change and correction as follows:

- Requesters for registration of civil status change or correction shall submit declarations, made according to a set form, and relevant papers to the civil status registration agency.

- Within 3 working days after receiving complete papers specified above, if seeing that the civil status change or correction is proper and compliant with civil and relevant laws, the justice and civil status officer shall record such change or correction in the civil status book and together with the registration requester sign in the civil status book, and report to the chairperson of the commune-level People's Committee to issue an extract to the requester.

In case of civil status change or correction related to birth certificates or marriage certificates, the justice and civil status officer shall record the change or correction content in these certificates.

In case of necessity to verify, the time limit may be prolonged for no more than 3 working days.

- In case of registering civil status change or correction not at previous places of civil status registration, commune-level People's Committees shall issue written notices together with civil status extract copies to People's Committees of previous places of civil status registration for recording in the civil status book.

In case the previous place of civil status registration is a representative mission, the commune-level People's Committee shall issue written notices together with civil status extract copies to the Ministry of Foreign Affairs for forwarding to the representative mission for recording in the civil status book.

Nguyen Ngoc Que Anh

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