Hi, I’m Han. My baby is 5 years old this year, but I still have not registered her birth certificate. Because the child has reached school age this year, if he does not have a birth certificate, he cannot enter school. So I want to go register the baby. So about the matter “The penalty for handling overdue birth registration in Vietnam” Let’s find out with LSX in the article below.
Legal grounds
- Civil Status Law 2014
- Decree 123/2015/ND-CP
- Decree 82/2020/ND-CP
What is a birth certificate?
• According to Clause 6, Article 4 of the 2014 Civil Status Law, a birth certificate is a document issued by a competent state agency to an individual when a birth is registered; The content of the birth certificate includes basic information about the individual as prescribed in Clause 1, Article 14 of this Law.
In addition, according to the provisions of Article 6 of Decree 123/2015/ND-CP, the legal value of birth certificates is clearly stated as follows:
1. Birth certificate is the original civil status document of an individual.
2. All records and papers of an individual with the contents of the family name, 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.
3. In case the contents of the personal dossier or papers are different from those in that person’s birth certificate, the head of the agency or organization managing the dossier or issuing the papers is responsible for adjusting the dossier and papers. sheet according to the contents of the Birth Certificate.”
• Thus, birth certificate is one of the extremely important civil status documents, recording basic information of a person. Therefore, the lack of a birth certificate will affect many children’s future activities.
What is overdue birth registration?
• In Article 15 of the Law on Civil Status 2014 on “Responsibility for birth registration”, it is stated that within 60 days from the date of birth, the father, mother, grandfather, grandmother or next of kin are responsible for birth registration. for you.
• According to this regulation, if after this time limit, the persons responsible for birth registration fail to register the birth of their children, it will be considered as overdue birth registration.
The penalty for handling overdue birth registration in Vietnam
According to the law, the birth registration is done within 60 days from the date of birth. Pursuant to Article 15 of the 2014 Civil Status Law, the law specifically provides as follows:
• Within 60 days from the date of birth, the parent is responsible for registering the birth of the child; In case a parent cannot register the birth of a child, the grandfather or grandmother or other relatives or the individual or organization that is raising the child shall have to register the birth of the child.
• Justice – civil status officers regularly check and urge the birth registration of children in the locality within the prescribed time limit; In case of necessity, mobile birth registration shall be carried out.
• According to the above regulations, the parent must be responsible for registering the birth of the child within 60 days from the date of birth. However, if the birth registration is not performed in accordance with the provisions of the 2014 Civil Status Law, will there be a penalty?
Previously, the Decree guiding the sanctioning of administrative violations in the field of marriage and family and the judiciary, specifically Decree No. 110/2013/ND-CP Decree of the Government on sanctioning of violations Administrations in the field of judicial assistance, judicial administration, marriage and family, civil judgment enforcement, bankruptcy of enterprises and cooperatives have regulations on sanctioning forms for acts of slow implementation of birth application:
1. A warning to the person responsible for registration of births for children who fail to register within the prescribed time limit.
2. A warning or a fine of between VND 300,000 and 500,000 shall be imposed for correcting, erasing or falsifying the contents of papers issued by competent agencies or organizations to carry out birth registration procedures.
3. A fine of between VND 1,000,000 and 3,000,000 shall be imposed for one of the following acts:
a) Giving false testimony about the birth;
b) Deliberately making false statements about birth registration information;
c) Using fake papers to carry out birth registration procedures.
4. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for forging papers to carry out birth registration procedures.
• According to the provisions of Article 27 of Decree 110/2013/ND-CP, a warning will be imposed if the birth registration is not on time.
However, regulations on penalties for administrative violations on birth registration have been changed from September 1, 2020 because Decree 82/2020/ND-CP took effect, replacing Decree 110/2013/ The ND-CP has stipulated as follows:
1. A fine ranging from VND 1,000,000 to VND 3,000,000 shall be imposed for erasing, correcting and falsifying the contents of papers issued by competent agencies, organizations or persons to carry out birth registration procedures. .
2. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for one of the following acts:
a) Making false statements about the birth;
b) Providing untruthful information and documents about birth registration contents;
c) Using other people’s papers to carry out birth registration procedures.
3. Additional sanctioning forms:
+ Confiscate material evidences which are papers and documents that have been erased or altered to falsify contents, for violations specified in Clause 1 of this Article.
4. Remedial measures:
+ Proposing competent agencies, organizations and persons to consider and handle the issued birth certificates due to violations specified in Clauses 1 and 2 of this Article; papers and documents have been erased or corrected to falsify the contents specified in Clause 1 of this Article.
+ Thus, Decree 82/2020/ND-CP has removed the provision of warning penalties for acts of failing to perform birth registration within the prescribed time limit.
Procedures for registration of an overdue birth certificate as prescribed by law
When registering an overdue birth certificate, the registrant still follows the usual procedures and order. Procedures are clearly defined in Article 16 of the Law on Civil Status 2014, as follows:
1. The person going to register for birth shall submit a declaration according to the prescribed form and the birth certificate to the civil status registration agency. If the birth certificate is not available, the witness’s document certifying the birth shall be submitted; if there is no witness, there must be a written commitment about the birth; in case of birth registration for abandoned children, there must be a written certification of the abandoned child made by a competent agency; In case of birth registration for children born as a result of surrogacy, there must be documents proving the surrogacy in accordance with law.
2. Immediately after receiving all the papers as prescribed in Clause 1 of this Article, if finding that the birth registration information is complete and appropriate, the judicial – civil status officer shall record the birth registration information as prescribed in Clause 1, Article 14. of this Law in the civil status book; update the electronic civil status database, the national population database to get the personal identification number.
The civil status – judicial officer and the person registering the birth shall both sign in the civil status book. Chairpersons of commune-level People’s Committees shall grant birth certificates to persons whose births are registered.
• In short, for her case, the overdue birth registration still takes place according to the usual order and procedures and she will not be handled administratively in this case. However, as mentioned, a birth certificate is an important civil status document, so to avoid future consequences, you need to learn from experience and should not delay in registering this type of document.
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Please see more
- Creating a birth certificate under a special category in Vietnam
- How is the online birth certificate registration in Vietnam?
- Birth certificate with foreign elements under Vietnam law
Frequently asked questions
Decree 82/2020/ND-CP has increased fines for violations of regulations on birth registration as follows:
A fine ranging from VND 1,000,000 to VND 3,000,000 shall be imposed for erasing, correcting and falsifying the contents of papers issued by competent agencies, organizations or persons to carry out birth registration procedures. (Currently, the fine is from 300,000 VND to 500,000 VND).
A fine of between VND 3,000,000 and 5,000,000 shall be imposed for one of the following acts:
Undertaking or testifying untruthfully about the birth;
Providing false information and documents about birth registration contents;
Using other people’s papers to carry out birth registration procedures.
(Previously, a fine of from VND 1,000,000 to VND 3,000,000, for the act of falsifying papers to carry out birth registration procedures, a fine of from 3,000,000 VND to 5,000,000 VND).
Article 15 of the 2014 Law on Civil Status stipulates the responsibility for birth registration, specifically as follows:
Within 60 days from the date of birth, the father or mother is responsible for registering the birth of the child; In case a parent cannot register the birth of a child, the grandfather or grandmother or other relatives or the individual or organization that is raising the child shall have to register the birth of the child.
Justice – civil status officers regularly inspect and urge birth registration for children in their respective localities within the prescribed time limit; In case of necessity, mobile birth registration shall be carried out.
Thus, the time limit for birth registration for a child is within 60 days from the date of birth. Competent agencies have the duty to urge the registration of birth certificates for children in the locality. However, in order to ensure complete and comprehensive legal records for children, in case birth registration is overdue as prescribed by law, it can still be registered. However, this is not recommended and should be minimized.
The responsible person (father, mother; grandparent or other relative; individual or organization raising the child) will make a birth certificate for the child at the commune-level People’s Committee of the place where the father or mother resides. (Article 13 Law on Civil Status 2014).
According to Article 11 of the Law on Residence 2020, a citizen’s place of residence includes a place of permanent residence and temporary residence. In case the place of permanent or temporary residence cannot be determined, the citizen’s place of residence is the current place of residence determined according to the provisions of Clause 1, Article 19 of the Law on Residence 2020.
In case of making a birth certificate for a child with foreign elements, it must be done at the district-level People’s Committee of the place where the father or mother resides (Clause 2, Article 7 of the Law on Civil Status 2014).
Birth registration with foreign elements in one of the following cases:
Children whose father or mother is a foreigner or a stateless person.
Children whose parents are foreigners, stateless people but the child was born in Vietnam.
In case of making a birth certificate for a child born in Vietnam whose father or mother is a Vietnamese citizen permanently residing in the border area, and the other is a citizen of a neighboring country permanently residing in the border area with Vietnam shall be implemented at the commune-level People’s Committee where the father or mother is a Vietnamese citizen permanently resides adjacent to the equivalent administrative unit at the commune level of Vietnam where the mother or father is a citizen of a neighboring country permanently resides. (Point d, Clause 1, Article 7 of the 2014 Law on Civil Status, Clause 1, Article 17 of Decree 123/2015/ND-CP).
In case, the child is a Vietnamese citizen residing abroad, the birth certificate shall be made at the representative agency (Clause 3, Article 7 of the Law on Civil Status 2014, Article 2 of Joint Circular 02/2016/TTLT-BNG-BTP). ).
Conclusion: So the above is The penalty for handling overdue birth registration in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
