Service of re-doing birth certificate in Vietnam

Client: Hello Lawyer! I am a regular client of Lawyer X. Having followed and supported for a long time, now there is a chance I also want to ask Lawyer to answer questions. Currently, because of some negligence, I have to redo my birth certificate, so I want to ask the lawyer “How to redo the birth certificate service”? Thank you lawyers!

Lawyer: Hello to our regular client. Here we go to find out what your question is!

Legal grounds

• Civil status law 2014
• Decree 123/2015/ND-CP

What is a birth certificate?

– 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 the Law on civil status 2014.

Contents of birth registration include:

Information of the person whose birth is registered: Full name, middle name and first name; sex; date of birth; place of birth; home town; ethnic; nationality;
Information of the parents of the person whose birth is registered: Full name, middle name and first name; Year of Birth; ethnic; nationality; residence;
The personal identification number of the person whose birth is registered.
– The determination of the nationality, ethnicity and family name of the person being born shall comply with the provisions of the law on Vietnamese nationality and the civil law.

Birth registration information specified in Clause 1 of this Article is the basic civil status information of an individual, recorded in the civil status book, birth certificate, and updated on the electronic civil status database and database. National population data. Profiles and papers of individuals related to birth information must be consistent with the content of birth registration of that person.
The Government stipulates the issuance of Personal Identification Numbers to persons whose births are registered.

Who is responsible for birth registration?

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.

Civil status – judicial officers regularly check and urge the birth registration for children in the locality within the prescribed time limit; In case of necessity, mobile birth registration shall be carried out.

How to apply for a Birth Certificate?

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.

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 and civil status officer shall record the birth registration information as prescribed in Clause 1, Article 14 of this Law. Civil status law 2014 in 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.

The Government shall detail the registration of births for abandoned children, children whose parents have not been identified, and children born as a result of surrogacy; determining the hometown of abandoned children, children whose parents have not yet been identified.

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Legal value of birth certificate

Birth certificate is the original civil status document of an individual.

• All records and papers of individuals with content about the family name, middle name, first name; date of birth; sex; ethnicity; nationality; hometown; parent, and child relationship must be consistent with the birth certificate of that person.
• In case the contents of the personal profile and 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. according to the contents of the Birth Certificate.

Service of re-doing birth certificate

Pursuant to the provisions of Article 26 of Decree 123/2015/ND-CP stipulating the procedures for re-issuance of birth certificates are as follows:

The application for re-registration of birth includes the following documents:

A declaration made according to the prescribed form, which contains the requester’s guarantee that he has registered his birth but he cannot keep the original 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;

If the applicant for re-registration of birth is a cadre, civil servant, public employee; or person currently working in the armed forces, in addition to the papers specified at Points a and b of this Clause; there must be a document certifying the birth registration receipt of the head of the agency or unit that the contents of the birth registration of that person include the last name, middle name, first name; sex; date of birth; ethnicity; nationality; home town; parent-child, mother-child relationships are consistent with the records managed by the agency or unit.

Within 05 working days from the date of receiving the dossier, the judicial-civil status officer shall check and verify the dossier. If the re-registration of birth registration is in accordance with the provisions of law, the judicial-civil status officer shall re-register the birth according to the order specified in Clause 2, Article 16 of the Law on Civil Status.

If the re-registration of birth is carried out at the commune-level People’s Committee other than 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 to submit a written request to 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 5 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 it is still kept or not. keep the civil status book.

Within 3 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 civil servants shall carry out the re-registration of births as prescribed in Clause 2, Article 16 of the Law on Civil Status.

If the requester has a valid copy of the previously issued birth certificate, the content of birth registration shall be written according to the content of the copy of the birth certificate; the declaration of father and mother shall be recorded according to the time of birth re-registration.

In case the requester does not have a copy of the birth certificate but the personal records and papers agree on the content of birth registration, re-registration is according to that content. If the dossiers and papers do not agree on the birth registration contents, the birth registration contents shall be determined according to the first valid official dossiers and papers issued by competent state agencies; especially for cadres, civil servants, public employees and people working in the armed forces, the content of birth registration shall be determined according to the document of the head of the agency or unit specified at Point c, Clause 1 of this Article.

The Ministry of Justice shall guide in detail the dossiers, papers and documents that serve as the basis for re-registration of births according to the provisions of this Article.

Service of making birth certificate of Lawyer x

Redoing the birth certificate is the need of many people; Lawyer X is a reputable legal unit for you to trust and entrust to perform. By their professional expertise; Lawyer X can assist you in any case:

Birth re-registration service;

Civil status correction service;

Birth extract service.

Contact Info

Above is the advice of Lawyer X on the “Service of redoing the birth certificate“. Hopefully, the above information can give you more knowledge about the birth certificate re-issuance procedure. For more detailed information and more advice on the above issue as well as legal issues such as Trademark registration, want to change the middle name on the birth certificate, get notarized at home. If you need any further information, please contact  LSX Law firm: at +84846175333 or Email: [email protected]

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