Accordingly, documents such as marital status, birth certificates, etc. ate important and essential documents. Yet, in many circumstances, those documents might be lost. Therefore, the procedure for this kind of documents is very necessary. So, what is the procedure for the re-issuance of birth certificates for Vietnamese people living aboard? Let’s find out with LSX in this article.
- 2014 Law on Civil Status
- Decree 123/2015/ND-CP
Authority to re-issuance of birth certificates
Hence the provisions of Article 41 of Decree 123/2015/ND-CP; the competent agency is as follow:
- The district-level People’s Committee, as previous registration, shall re-register the birth.
- In case the previous birth registration was at the commune-level People’s Committee; the re-registration of birth registration shall stay under the competent of the superior district-level People’s Committee.
- In case the previous birth registration was at the People’s Committee of the province; Department of Justice, the re-registration of birth for that person who does not reside in Vietnam shall stay under the competent of the district-level People’s Committee
Thus, the authority to re-issuance the birth certificates for overseas Vietnamese will fall under the responsibilities of the district-level People’s Committees; The People’s Committee of the district.
Conditions for the re-issuance of birth certificates
To be able to re-register a birth, overseas Vietnamese need to meet the following conditions:
- The birth registration of Vietnamese citizens residing abroad submitted at a competent Vietnamese agency before January 1, 2016; but the originals of civil status papers are lost, they might ask for re-issuance.
- Birth re-issuance is only possible if the claimant is still alive at the time of the re-issuance request
- Birth re-issuance is only possible if the claimant is still alive at the time of the re-issuance request.
Dossier for the re-issuance of birth certificates
When wishing to apply for birth registration again, overseas Vietnamese will have to prepare a set of documents including:
- Declaration; which includes the claim of the requester that he has registered his birth but he cannot keep the original of the birth certificate
- A copy of the entire application file; the applicant’s documents; other documents containing information related to the content of the person’s birth certificate.
Procedure for the re-issuance of birth certificates
Step 1: Submit the dossier
Firstly, the applicant may submit the dossier to the competent authority of the district-level People’s Committee; The People’s Committee of the district
Step 2: Receipt and processing of dossiers:
Secondly, within 5 working days; from the date of receipt of the application; judicial officials – civil status check the profile’s verification. In case the re-issuance of birth registration is in accordance with the law, the civil status – judicial officer shall record the birth registration information 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 case the dossier needs the verification of the People’s Committee; within 5 working days, the People’s Committee of the place where the birth was previously registered shall conduct the examination, respond in writing to the retention.
Above are the answers to “The re-issuance of birth certificates for Vietnamese people living aboard”. In case you have any questions, please contact Lawyer X for quick and best legal services: 0833102102.
A birth certificate is the original civil status document of an individual. All dossiers and papers of individuals with contents about the surname, middle name, first name; date of birth; sex; nation; nationality; home town; parent, child relationship must be consistent with the birth certificate of that person.
According to Clause 6, Article 4 of the Law on Civil Status 2014: A 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. A birth certificate is the original civil status document of the individual
In some cases, when losing the original birth certificate, citizens have to carry out the procedures for re-registration of birth certificates. However, most who lost their original birth certificates can only receive a copy of the birth certificate.