Birth certificate is considered the first and mandatory identification document of all Vietnamese citizens. Besides, the birth certificate is divided into 2 original birth certificates and birth certificates copies. The original birth certificate is only issued 1 copy. Understanding the psychology of people afraid of losing the original, the State has proposed a law to have a copy of the birth certificate. Copy of birth certificate is a form of birth certificate that is copied from the original birth certificate and has a red seal certified by a competent authority to ensure the legality of the birth certificate. So about the matter “Regulations on copies of birth certificate in Vietnam” Let’s find out with LSX in the article below.
Legal grounds
- Civil Status Law 2014
- Decree 23/2015/ND-CP
What is a birth certificate?
According to Article 4 of the Law on Civil Status 2014:
“Article 4. Interpretation of words
6. 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.”
Birth certificate is the “original” civil status document, the first and most important of each individual. All personal documents must “match” the information with the Birth Certificate. If they are wrong, people must base themselves on the birth certificate to correct and adjust that document.
What is a copy of a birth certificate?
Clause 1 and Clause 6, Article 2 of Decree 23/2015/ND-CP stipulates:
“Article 2. Interpretation of words
In this Decree, the following terms are construed as follows:
1. “Issuance of copies from the master book” means that the agency or organization that is managing the master book shall issue a copy based on the original book. The copy from the master book has full and exact contents as recorded in the original book.
6. “Copy” means a photocopy from the original or a typed copy with complete and exact content as recorded in the original book.”
Thus, based on the above law, a copy of a birth certificate is a photocopy from the original or a typed copy or a copy issued from the original book with full and exact content as stated in the original birth certificate. . A copy of the birth certificate is valid for use instead of the original in transactions, unless otherwise provided for by law.
Original Birth Certificate Form
According to Circular 04, the original birth certificate has the following form:
Latest birth certificate copy form 2022
The information on the birth certificate is recorded by the civil status – judicial officer according to the information that people declare in the birth registration declaration. Therefore, special attention should be paid to accurately declaring the following information:- The child’s name must not be too long;
– The child’s family name, middle name, first name and ethnicity shall be determined by agreement of the parents; if the parents do not reach an agreement or fail to reach an agreement, it shall be determined according to custom;
– The day, month and year of birth are determined according to the solar calendar. The place of birth, the sex of the child is determined according to the Birth Certificate issued by a competent medical facility; in case there is no birth certificate, it shall be determined according to the paper instead of the birth certificate.
For children born at a medical facility, the place of birth must clearly state the name of the medical facility and the name of the commune, district or province-level administrative unit where the medical facility is located; In case a child is born outside a medical facility, the name of the administrative unit at the commune, district or province level where the child was born must be clearly stated.
– A child’s hometown is determined according to the hometown of the father or mother according to the agreement of the father or mother or according to custom.
The original birth certificate is only issued 1 copy.
Is a copy of a birth certificate the same value as the original?
According to Clause 6, Article 2 of Decree 23/2015/ND-CP, the definition of a copy is as follows:
“Article 2. Interpretation of words
6. “Copy” means a photocopy from the original or a typed copy with complete and exact content as recorded in the original book.”
At the same time, in Article 3 of Decree 23/2015/ND-CP, a copy of the birth certificate has the following legal validity:
“Article 3. Legal value of copies issued from master registers, certified copies from originals, authenticated signatures and authenticated contracts and transactions
1. Copies issued from the master book are valid for use instead of the originals in transactions, unless otherwise provided for by law.
2. The certified true copy from the original as prescribed in this Decree is valid instead of the original used for comparison and authentication in transactions, unless otherwise provided for by law.
3. Signatures authenticated according to the provisions of this Decree are valid to prove that the authentication requester has signed such signatures and serve as a basis for determining the signer’s responsibility for the contents of the papers or documents. .
4. Contracts and transactions authenticated under the provisions of this Decree are valid as evidence of the time and place where the parties have signed the contract or transaction; civil act capacity, voluntary will, signatures or fingerprints of the parties to the contract or transaction.”
Authority to issue copies of birth certificates
The authority and responsibility to issue copies are specified in Article 4 of Decree 23/2015/ND-CP:
“Article 4. Authority and responsibility to issue copies from the original book
1. Agencies and organizations that are managing master books have the authority and responsibility to issue copies from the master books according to the provisions of this Decree, unless otherwise provided for by law.
2. The issuance of copies from the master book shall be done concurrently with the issuance of the original or after the time of issuance of the original.”
Currently, the civil status management agency consists of the People’s Committee of the commune and the People’s Committee of the district where the birth was initially registered. Accordingly, depending on when you apply for a copy of your birth certificate, which agency is managing it, that agency has the authority to handle the issue of a copy for you.
Regulations on copies of birth certificate in Vietnam
Article 17 of Decree No. 23/2015/ND-CP stipulates that the person requesting the issue of a copy from the original book must present the original or a certified true copy of the valid ID card or passport for the person to use. receive test records.
In case the person requesting the issuance of a copy from the original book is the authorized representative of the individual issuing the original, a Power of Attorney signed by the person competent to authenticate must be made at the commune-level People’s Committee of the place where he/she resides; in case the person requesting a copy from the original book is a parent or child; couple; siblings; or other heirs of the original grantee in case that person is dead, he/she must present papers proving his/her relationship with the original grantee.
Agencies and organizations shall base themselves on the original books to issue copies to the requesters; The contents of the copy must be recorded in accordance with the contents recorded in the original book. In case the original book can no longer be stored or there is no information in the original book about the contents of the request for issuance of a copy, the agency or organization shall reply in writing to the requester.
The time limit for making an authentication request must be guaranteed on the day the request is received by the agency or organization or within the next working day, if the request is received after 15 hours.
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Frequently asked questions
According to the provisions of Article 37 of Decree 82/2020/ND-CP stipulating the sanction of administrative violations on violations of regulations on birth registration, we know that if you register your birth 1 year late, will not be penalized for administrative violations. However, according to the provisions of Decision 1872/QDBTP when making a late birth certificate, you will have to pay a fee. For the case of birth registration not on time: according to the fee rate set by the People’s Council of the province. And according to the regulations, based on the actual conditions of the locality to determine the appropriate fee collection; Therefore, there is currently no specific amount of fees for overdue birth registration.
Authority and responsibility to issue of a copy of the birth certificate?
The authority and responsibility to issue copies from the original register, including the issuance of a copy of the birth certificate from the original birth registration book, are specified in Article 4 of Decree No. 23/2015/ND-CP as follows: organizations that are managing the master books have the authority and responsibility to issue copies from the master books as prescribed in this Decree, unless otherwise provided for by law. The issuance of copies from the master book is done simultaneously with the issuance of the original or after the time of issuance of the original.
Legal value of birth certificate?
Article 6 of Decree 123/2015/ND-CP stipulates the following on birth certificates:
Birth certificate is the original civil status document of an individual.
All dossiers and papers of individuals with contents about surname, middle name, first name; date of birth; sex; ethnic; nationality; home town; parent, child relationship must be consistent with the birth certificate of that person.
In case of content in the dossier; personal papers different from those in the birth certificate of that person, the head of the agency or organization shall manage the dossier; The issuer of papers is responsible for adjusting the dossier and papers according to the contents of the birth certificate.
Thus, the birth certificate is the original civil status document; shows basic civil status information of an individual and is the basis for identifying an individual’s information on all kinds of documents related to that individual’s identity. All personal records and papers with content about the family name, middle name, first name; date of birth; sex; ethnic; nationality; home town; parent-child relationship such as household registration book, identity card, diploma, insurance book, driver’s license… all must be consistent with the contents of the birth certificate.
Birth certificates have legal validity and are not limited by space and time. If there are changes or errors that need to be corrected, the person with the right to request the change or correction of the birth certificate may request the competent authority for consideration and settlement.
Conclusion: So the above is Regulations on copies of birth certificate in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
