Birth registration for children is a familiar procedure, but the procedure is quite complicated for many people. Making a birth certificate for your baby is one of the first things to do when a baby is born. However, for special cases such as making birth certificates with foreign elements, giving children according to their mother’s surname, giving children out of wedlock, etc., it is much more complicated. So about the matter “Creating a birth certificate under a special category in Vietnam” Let’s find out with LSX in the article below.
Legal grounds
- Civil Status Law 2014
- Decree 123/2015/ND-CP
What is a birth certificate?
According to the provisions of Clause 6, Article 4 of the Law on Civil Status 2014, the terms of birth certificate are explained as follows:
– Birth certificate is 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.
Accordingly, in Article 6 of Decree No. 123/2015/ND-CP detailing a number of measures to implement the Civil Status Law stipulating the legal value of birth certificates as follows:
“Article 6. Legal value of birth certificates
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 the birth certificate of that person, 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.”
How is the online birth certificate registration in Vietnam?
The procedure for making a birth registration for your child will be somewhat more complicated if you are in special cases, for example:
+) Making birth certificates for children according to the mother’s household registration;
+) Making birth certificates for illegitimate children;
+) Making a birth certificate with foreign elements;
+) Making a birth certificate in combination with the recognition of parents and children;
+) Make a birth certificate when the mother has not changed her household registration;
+) Individuals/organizations that make birth certificates for abandoned children;
+) Not registered for marriage but want to do birth registration for children…
Procedures for making a normal birth certificate in accordance with the law
The procedure for making a birth certificate for a child includes the following main steps:
STEP 1: The person going to register the birth (father, mother, grandfather, grandmother or other relative of the child) prepares the following documents:
– Birth certificate (issued by the hospital, medical facility where the child was born). If the child is born outside a medical facility, the birth certificate shall be replaced by a written certification of the witness. If there is no witness, the person who registers the birth shall make a certificate certifying that the birth is real.
– Household registration book or certificate of collective population, temporary residence registration certificate with a definite term of the child’s parents. In case of divorce, bring the household registration of the person making the birth registration.
– Marriage certificate of the child’s father and mother (if the child’s father or mother has a marriage registration). If the civil status justice officer knows the marriage relationship of the parents, the marriage certificate is not required.
– Vietnamese ID/Passport (original and photocopy) of parents or substitutes.
– Fill in the birth registration declaration form (can be found online or applied at the place of procedures) (specified in Circular No. 15/2015/TT-BTP dated November 16, 2015 detailing the implementation of a birth registration certificate). Article number of the Law on civil status and Decree 123/2015/ND-CP).
STEP 2: Submit the above documents at the People’s Committee of the commune, ward or township (referred to as the People’s Committee of the commune) where the mother registers her permanent residence (applicable in case both parents of the child are Vietnamese citizens residing in Vietnam). country).
According to the provisions of Article 13 of the Law on Civil Status, the People’s Committees of communes and wards are entitled to register the births of children living in the area.
– If the father or mother registers permanent residence in one place but is actually living and working stably in another place (place of temporary residence registration), the commune-level People’s Committee, that place also has the right to register the birth of the child. young.
– If the parents do not have a birth certificate, the People’s Committee of the commune where the father or mother temporarily resides shall register the birth of the child.
– If the place of residence of the parents cannot be determined, it shall be submitted to the People’s Committee of the commune where the child is actually living.
– If a child is born in Vietnam, one of whom is a Vietnamese citizen and the other is a foreigner or stateless person; one parent is a Vietnamese citizen residing in the country and the other is a Vietnamese citizen residing abroad; father and mother are Vietnamese citizens residing abroad; If parents are foreigners or stateless people, they must submit birth registration papers at the district-level People’s Committees where the father or mother resides.
Creating a birth certificate under a special category in Vietnam
– The case of registration of birth certificates for abandoned children
+) Additional documents: Minutes certifying the abandonment of children, issued by competent authorities.
– In case of birth registration with foreign elements
Additional documents:
+) Papers proving that the child is residing in Vietnam;
+) Written agreement on the choice of nationality for the child;
+) Passport or documents proving the child’s lawful entry into Vietnam;
+) Written confirmation from the foreign competent authority of which the child is a nationality.
If there is a lack of written confirmation from a foreign competent authority of which the child is a nationality, the civil status registry will not fill in the nationality section of the birth certificate and the birth registration book.
– In case of combined birth registration and recognition of father, mother and child
Additional documents:
+) Declaration for registration of recognition of father, mother and child;
+) Documents proving the relationship between father, mother and child.
Agency receiving dossiers:
+) If the father, mother or child are of Vietnamese nationality: the People’s Committee of commune, place of residence of the parent;
+) If parent/child has foreign elements: People’s Committee of district, place of residence of parent is Vietnamese citizen.
– In case of making a birth certificate for a child without marriage registration
+) For this case, you need to do 2 procedures at the same time: registration of birth for your child and registration of birth combined with recognition of father, mother and child.
+) At that time, the dossier set includes basic birth registration papers and additional papers in case of combined birth registration and recognition of father, mother and child.
_ In case of not registering marriage, giving birth out of wedlock
If the parent does the procedure to adopt the child but cannot contact the other parent, it shall be settled in one of the following three ways:
+) Leave the comments section of parents in the birth registration declaration blank;
+) Declare according to the birth certificate and identification papers of the parents (who do not directly carry out the procedures);
+) The person carrying out the procedures for child adoption provides information about the other person himself and is responsible for all information provided.
_ In case of giving birth during the time of marriage registration
If the parent does not recognize the common child or someone else wants to register the child, the decision belongs to the People’s Court.
_ In case of giving birth before the time of marriage registration
Parents who want to adopt a child should note the following:
+) If the mother has completed the birth registration procedure (the father’s information is blank): Must have a written confirmation of the common child and carry out the civil status supplement procedure to supplement the father’s information in the birth certificate. , Birth Certificate;
+) If the mother has not carried out the birth registration procedure: Just have a written confirmation of the common child, no need to go through the procedure to register the father and child.
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Please see more
- How is the online birth certificate registration in Vietnam?
- Procedures for making a birth certificate when father is Indian in Vietnam
- Is it possible to re-issue the original birth certificate in Vietnam?
Frequently asked questions
Currently, in order to create favorable conditions for people in legal procedures, state agencies encourage the implementation of procedures in the online form. You can apply for a birth certificate by following one of the links below:
+) Register at the system of the Ministry of Justice;
+) Register at the National Public Service Portal;
+) Register at the Hanoi Online Public Service Portal;
+) Register at the online public service portal of Ho Chi Minh City. Ho Chi Minh City;
+) Register at the Da Nang Online Public Service Portal.
Normally, after presenting all the necessary documents to conduct birth registration for a child, the civil status judicial officer will immediately prepare a birth certificate for the child and submit it to the Chairman of the commune-level People’s Committee for signature on the next day. receive the request, in case the application is received after 15 hours and cannot be resolved immediately, the result will be returned in the next working day. Except for the case of connection, the birth registration procedure will take longer, depending on the linked procedure, up to 20 days with the connection of birth registration, permanent residence registration and issuance of health insurance cards for children.
Currently, in all provinces and cities across the country, the birth registration is carried out in parallel with the importation and application for a health insurance card for the child (connecting administrative procedures).
According to Resolution No. 09/2018/NQ-HDND dated December 5, 2018 of the City People’s Council on amending, supplementing and annulling a number of regulations on collection of fees and charges in Resolution No. 20/2016/NQ- People’s Council of the City People’s Council.
Overdue registration: 5,000 VND/job. Fee exemption for on-time birth registration, family members with meritorious services to the revolution; people from poor households; People with disabilities.
Conclusion: So the above is Creating a birth certificate under a special category in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
