Is it possible to re-issue the original birth certificate in Vietnam?

Birth certificate is one of the important personal documents and is used a lot in the procedures. However, there are many cases where citizens lose their original birth certificates. So about the matter “Is it possible to re-issue the original birth certificate in Vietnam?” Let’s find out with LSX in the article below.

Legal grounds

• Civil status law 2014
• Decree 123/2015/ND – CP
• Circular 15/2015/TT – BTP

What is a birth certificate?

According to the provisions of Clause 6, Article 4 of the Law on Civil Status 2014, a birth certificate is understood as:

Birth certificate means a document issued by a competent state agency to an individual upon birth registration; The content of the birth certificate includes basic information about the individual as prescribed in Clause 1, Article 14 of this Law.

Is it possible to re-issue the original birth certificate in Vietnam?

According to Article 24 of Decree 123/2015/ND-CP on conditions for re-registration of birth, marriage and death:

“Article 24: Conditions for re-registration of birth, marriage and death

1. Births, marriages and deaths that have been registered at a competent Vietnamese agency before January 1, 2016 but the civil status books and originals of civil status papers are lost, they may be re-registered. .

2. The person requesting the re-registration of birth, marriage or death must submit full copies of papers and documents with contents related to the re-registration;

3. The re-registration of birth or marriage can only be done if the registration requester is still alive at the time of receiving the application.”

Thus, in case you want to re-register your birth certificate, you must meet the conditions, specifically the birth registration took place before January 1, 2016 but your civil status book and original civil status papers are both lost. For the loss of the original birth certificate, you can request to be re-issued a copy of the birth certificate. Currently, the law does not provide for the re-issuance of the original birth certificate.

Can lost original birth certificate and can a copy be reissued?

Case 1: Your original birth certificate, copy of birth certificate and birth registration book are all gone

Birth certificate is the original civil status document of an individual and according to Article 24 of Decree 123/2015/ND-CP stipulates:

1. Births, marriages and deaths that have been registered at a competent Vietnamese agency before January 1, 2016 but the civil status books and originals of civil status papers are lost, they may be re-registered. .

2. The requester for re-registration of birth, marriage or death must submit full copies of papers and documents with contents related to the re-registration.

3. The re-registration of birth and marriage can only be done if the registration requester is still alive at the time of receiving the application.

Article 9 of Circular 15/2015/TT-BTP stipulates:

Papers and documents serving as the basis for birth re-registration under Article 26 of Decree No. 123/2015/ND-CP include:

1. A copy of the birth certificate issued by a competent authority of Vietnam (a copy notarized, duly authenticated, a copy issued from the birth registration book).

2. Originals or copies of valid substitute papers Birth certificates issued before 1945 in the North and before 1975 in the South.

3. If the applicant for re-registration of birth does not have the papers specified in Clauses 1 and 2 of this Article, the following valid papers issued by a competent Vietnamese authority shall be the basis for determining the contents of the birth certificate. Content for re-registration of birth:

a) People’s identity card, citizen identification card or passport;

b) Household registration book, temporary residence book, proof of residence;

c) Graduation diplomas, certificates, certificates, academic records, academic records granted or certified by a competent training and education management agency;

d) Other papers with information about the individual’s last name, middle name, first name, date, month and year of birth;

đ) Papers proving the parent-child relationship.

The applicant for re-registration of birth registration is responsible for submitting all copies of the above-mentioned papers (if any) and must ensure that they have submitted all the papers they have. In case the requester for re-registration of birth registration makes an untrue statement and intentionally submits only copies of beneficial papers for birth re-registration, the birth re-registration has no legal value.

In case the person requesting birth re-registration is an cadre, civil servant, public employee or person currently working in the armed forces, a written certification from the head of the agency or unit must be obtained as prescribed at Point c. Clause 1, Article 26 of Decree No. 123/2015/ND-CP.

4. The birth registration re-registration violates the provisions of the Law on civil status, Decree No. 123/2005/ND-CP and this Circular, the issued birth certificate is invalid and must be revoked. cancel. Persons who request birth registration, depending on the seriousness of their violations, will be handled in accordance with law

Thus, according to your presentation, you have lost the original and a copy of the birth certificate, so in this case, if the civil status book is no longer available and it is not possible to identify the old background information, when fully preparing the If you have a replacement document according to Clause 3, Article 9 above, you can request a re-registration of your birth certificate. Dossier for re-registration includes:

• A declaration according to the prescribed form, which contains the claim of the requester that he has registered his birth but he cannot keep the original of the birth certificate;

• A copy of all dossiers and papers of the requester or other dossiers, papers and documents containing information related to such person’s birth registration;

(In case the person requesting birth re-registration is an cadre, civil servant, public employee or person working in the armed forces, in addition to the papers prescribed above, a written certification from the head of the agency is required. agency or unit about that the contents of that person’s birth registration, including last name, middle name, first name; gender; date, month, year of birth; ethnicity; nationality; hometown; parent-child relationship are appropriate. with records managed by the agency or unit.)

The application is submitted to the People’s Committee of the commune where your birth was registered before or the People’s Committee of the commune where you permanently reside to carry out the procedures for re-registration of the birth certificate. 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.

Within 05 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. Within 03 working days from the date of receipt of the verification result that the civil status book can no longer be kept at the place of birth registration, if the dossier is found to be complete, accurate and in accordance with the law. judicial and civil status officers shall re-register births as prescribed. And accordingly, if there is a change in the information about the father, mother, or the person who requests for birth re-registration compared to the contents of the previously issued papers, that person is responsible for presenting documents proving the change. If the change of information is in accordance with the law, the content of birth re-registration shall be determined according to the changed information; The content of information before the change is recorded in the “Notes on future changes” section on the back of the Birth Certificate and the “Notes” section in the Birth Register.

Case 2: Original birth certificate and copy are lost but the birth registration book is still available

In case you lose the original birth certificate and a copy but still have information in the civil status book, you should go to the People’s Committee of the commune or ward where the birth is registered, and ask for a copy of the birth certificate and valid. as the original birth certificate as prescribed in Article 64 of the Law on civil status.

1. The requester for issuance of a copy of the civil status extract directly or through a representative shall send a declaration according to the prescribed form to the civil status database management agency.

In case a competent agency or organization requests the grant of a copy of an individual’s civil status extract, a written request, clearly stating the reason, shall be sent to the civil status database management agency.

2. Immediately after receiving the request, if all conditions are met, the civil status database management agency shall issue a copy of the civil status extract to the requester.

Thus, you need to go to the commune-level People’s Committee where the birth was previously registered to request a copy of the birth certificate extract. An extract copy of the Birth Certificate will have the same contents as the original, so the information about your father and mother will not be changed.

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