Birth certificate registration is an important document to carry out and solve the necessary legal problems of each individual in the future, making a great contribution to civil status management. However, in the process of storing and moving for many reasons, it is inevitable that individuals and families lose or damage or damage birth certificates. So about the matter “Where can I register my birth certificate again in Vietnam?” Let’s find out with LSX in the article below.
Legal grounds
- Decree 123/2015/ND-CP
In which cases can birth registration be re-registered?
Article 24 of Decree 123/2015/ND-CP stipulates that birth registration can only be re-registered when:
– Having registered the birth at a competent authority of Vietnam before January 1, 2016;
– The civil status book and the original birth certificate are lost (if they are still saved, people can apply for an extract of the birth certificate);
– The applicant for birth registration must be still alive at the time of receiving the application;
– The requester must submit full copies of papers and documents related to the birth registration.
Conditions for re-registration of birth
Pursuant to Article 24 of Decree 123/2015/ND-CP, if the following 03 conditions are fully satisfied, people will be able to process the procedures for re-grant of birth certificates:
“Article 24. Conditions for re-registration of birth, marriage and death
1. Birth, marriage and death registration that were registered at a competent Vietnamese agency before January 1, 2016 but the civil status book and the original civil status papers are lost, they may be re-registered. .
2. The requester for re-registration of birth, marriage or death must submit full copies of papers and documents with contents related to the re-registration.
3. The re-registration of birth or marriage can only be done if the registration requester is still alive at the time of receiving the application.”
Thus, in order to be re-registered, the father and mother must meet all the conditions specified by law listed above in order to be approved by the agency.
Where can I register my birth certificate again in Vietnam?
According to Article 25 of Decree 123/2015, people can apply for birth re-registration at the following places:
“Article 25. Competence to re-register birth, marriage and death.
1. The People’s Committee of the commune where the birth or marriage has been registered before, or the People’s Committee of the commune where the requester permanently resides, shall re-register the birth or marriage.
2. The commune-level People’s Committee where the death was previously registered shall re-register the death.”
Thus, the commune-level People’s Committee will be the place where people come to carry out the procedures for re-registration of the child’s birth certificate.
What is the procedure for re-registration of birth?
Application for re-registration of birth
1. An application for re-registration of birth includes the following papers:
a) A declaration made according to the prescribed form, which contains the requester’s commitment that he has registered his birth but he cannot keep the original of the birth certificate;
b) A copy of all dossiers and papers of the requester or other dossiers, papers and documents containing information related to the content of his birth registration;
c) In case the person requesting birth re-registration is an cadre, civil servant, public employee or a person working in the armed forces, in addition to the papers specified at Points a and b of this Clause, there must be a written certification of the head of the agency or unit that the contents of the birth registration of that person include the family name, middle name, and first name; sex; date of birth; ethnic; nationality; home town; parent-child, mother-child relationships are consistent with the records managed by the agency or unit.”
Steps in the procedure of re-registration of birth
The legal basis under Clause 2, Article 26 of Decree No. 123/2015/ND-CP stipulates the steps in the procedure for re-registration of birth as follows:
2. Within 05 working days from the date of receipt of the dossier, the judicial – civil status officer shall examine and verify the dossier. If the re-registration of birth registration is in accordance with the provisions of law, the judicial and civil status officer shall re-register the birth birth according to the order prescribed in Clause 2, Article 16 of the Law on Civil Status.
If the re-registration of birth birth is carried out at the commune-level People’s Committee which is not the place where the birth was previously registered, the judicial – civil status officer 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.
3. Within 03 working days from the date of receipt of verification results 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 regulations The law on 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.
In case the requester has a valid copy of the previously issued birth certificate, the content of birth registration 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.
4. 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 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.”
Fee for re-registration of birth
Currently, the fee for re-registration of births is regulated by the provincial-level People’s Councils. People from families with meritorious services to the revolution; people from poor households; Persons with disabilities are exempt from fees.
+ City. Hanoi: Resolution 06/2020/NQ-HDND issued by the City People’s Council. Hanoi promulgates regulations that the fee for birth re-registration is 5,000 VND/1 job at the Commune People’s Committee, 50,000 VND/1 job at the District People’s Committee.
+ City. In Ho Chi Minh City: the fee for re-registration of births at the Commune People’s Committee is 5,000 VND/case, the district level is 50,000 VND/case according to Resolution 124/2016/NQ-HDND issued by the People’s Council of Ho Chi Minh City. issued by Ho Chi Minh.
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Please see more
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Frequently asked questions
When the original birth certificate is lost, the citizen must carry out the birth registration re-registration procedure. However, most who lose their original birth certificates are only given an extract copy of the birth certificate. The birth registration procedure again takes longer than the first birth registration, usually within 5 working days. In case birth re-registration is carried out at the commune-level People’s Committee, which is not the place where birth registration was registered before, it takes from 5 to 8 working days.
Pursuant to Article 2 of Circular 04/2020/TT-BTP on authorization of civil status registration, specifically as follows:
The person who requests for issuance of copies of civil status extracts, certificates of marital status, and requests for registration of civil status affairs as prescribed in Article 3 of the Law on civil status (hereinafter referred to as civil status registration requests) ) is authorized to act on behalf of another person; except for the case of marriage registration, re-registration of marriage, registration of recognition of parents and children, it is not allowed to authorize another person to do it, but one party may directly submit a dossier at the household registration agency. authorized president, without a written authorization of the other party.
The authorization must be made in writing and authenticated according to the provisions of law. In case the authorized person is a grandfather, grandmother, father, mother, child, wife, husband, brother, sister or younger brother of the authorizing person, the power of attorney is not required to be authenticated.
In case the person going to register the birth of a child is a grandparent or other relative as prescribed in Clause 1, Article 15 of the Law on civil status, a written authorization from the child’s father or mother is not required, but must agree with the child’s parents on the birth registration contents.
Pursuant to Article 8 of the Law on Marriage and Family 2014 stipulates the conditions for marriage, specifically as follows:
Men and women getting married must comply with the following conditions:
a) Men aged full 20 years or older, women aged full 18 years or older;
b) The marriage is voluntarily decided by the man and the woman;
c) No loss of civil act capacity;
d) The marriage does not fall into one of the cases where marriage is prohibited as prescribed at Points a, b, c and d, Clause 2, Article 5 of this Law.
The State does not recognize marriage between people of the same sex.
Article 30 of the 2015 Civil Code stipulates the right to birth and death registration, specifically as follows:
Individuals from birth have the right to have birth registration.
Conclusion: So the above is Where can I register my birth certificate again in Vietnam?. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
