What are case eligible for birth re-registration in Vietnam?

What are case eligible for birth re-registration in Vietnam? (Internet image)

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

1. What are case eligible for birth re-registration in Vietnam?

According to Article 24 of Decree 123/2015/ND-CP, 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.

Thus, according to the above regulations, birth re-registration is only applicable if the following conditions are met:

- The civil registration book is lost.

- Original birth certificate is lost.

And it will only be done if the person requesting registration is still alive at the time of receiving the application.

2. What are the birth re-registration procedures in Vietnam?

According to Article 26 of Decree 123/2015/ND-CP, the birth re-registration procedures are prescribed as follows:

- An application for birth re-registration shall include:

+ 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;

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

+ If the applicant for birth re-registration is an official/public employee, or an armed force official, apart from documents prescribed in Point a and Point b of Clause 1 of Article 26 of Decree 123/2015/ND-CP, 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 with the records under the authority’s management.

- 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.

If the application for birth re-registration is submitted at the People’s Committee of a commune other than the commune which has granted the former birth registration, the civil status official shall request the President of People’s Committee to request such the People’s Committee to verify if respective vital records are being kept.

Within 5 working days, from the date on which the request is received, the People’s Committee which has granted the former birth registration shall verify and respond in writing that if the vital records are being kept.

- 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.

- If the applicant still obtains a valid copy of the former birth certificate, the birth registration section in the certificated shall be filled out according to such copy, and the child’s parent section shall be filled out according to reality at the time of birth re-registration.

- If the applicant does not obtain a copy of the former birth certificate, but his/her personal documents are consistent with birth registration contents, they shall prevail.

If the applicant’s documents are not consistent with the birth registration contents, those in the document that has been issued by the competent authority firstly shall prevail; birth registration contents of an official/public employee or armed force official shall be determined according to the document issued by the authority’s head as prescribed in Point c Clause 1 of Article 26 of Decree 123/2015/ND-CP.

- The Ministry of Justice shall provide guidelines for documents as the basis for birth re-registration as prescribed in this Article.

3. Who has the power to grant birth re-registration in Vietnam?

Regarding the power to grant birth re-registration based on Article 25 of Decree 123/2015/ND-CP as follows:

- The People’s Committee of commune which granted the former birth or marriage registration or the People’s Committee of commune where the applicant permanently resides shall grant the birth or marriage re-registration.

- The People’s Committee of commune which granted the former death registration shall grant the death re-registration.

Nguyen Ngoc Que Anh

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