Birth registration means a declaration and confirmation by a competent state agency that an individual is born; is one of the civil status facts to identify an individual as an entity of nature and society. However, in the process of using the birth certificate, it may be lost, damaged, etc., the citizen needs to carry out procedures for re-issuance of the birth certificate.
1. What is a birth certificate?
According to Clause 6, Article 4 of the Law on Civil Status 2014: “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.”
Article 9, Decree No. 123/2015/ND-CP stipulating documents submitted and presented when registering birth
1. The applicant for birth registration shall submit the papers specified in Clause 1, Article 16 of the Law on Civil Status when registering his/her birth at Commission People’s Committees of communes, wards and townships (hereinafter referred to as commune-level People’s Committees) or other documentsuh according to the provisions of Clause 1, Article 36 of the Law on Civil Status when registering births at the People’s Committees of rural districts, urban districts, towns and provincial cities (hereinafter referred to as district-level People’s Committees).
2. The applicant for birth registration shall present the papers specified in Clause 1, Article 2 of this Decree.
The case of the father and mother of childrenIf you have registered your marriage, you must also present a marriage certificate.
Article 6, Decree No. 123/2015/ND-CP dated November 15, 2015 of the Government detailing a number of articles and measures to implement the Law on civil status Legal value of birth certificates:
“first. 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; nation; nationality; home town; parent, child relationship must be consistent with the birth certificate of that person.
3. In case the content in the personal file or papers is different from the content in the HOLDthat of such person’s birth certificate, the head of the agency or organization managing the dossier or grantingeh?The medical examiner is responsible for adjusting the dossier and papers according to the contents of the birth certificate.”
Application for re-issuance of birth certificate prescribed in Clause 1, Article 26, Decree No. 123/2015/ND-CP:
– Declaration according to the prescribed form;
– A copy of all dossiers and papers of the requester or other dossiers, papers and documents containing information related to his/her birth registration;
– Cadres, civil servants, public employees and people working in the armed forces must have a written certification from the head of the agency or unit that the birth registration contents include: Full name, middle name, first name; sex; date of birth; nation; nationality; home town; parent-child, mother-child relationships are consistent with the records managed by the agency or unit.
Papers and documents serving as the basis for birth re-registration as prescribed in Article 9 of Circular 15/2015/TT-BTP include one of the following types:
– A copy of the birth certificate issued by a competent authority of Vietnam (a copy notarized, duly authenticated, a copy issued from the birth registration book);
– Originals or copies of valid papers to replace Birth certificates issued before 1945 in the North and before 1975 in the South;
– Identity Card, Citizen Identification Card or Passport; Household registration book, temporary residence book, proof of residence; Diplomas, Certificates, Certificates, Academic Records, Academic Records issued or certified by a competent training or education management agency;…
Time for re-issuance of birth certificate:
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 birth according to the order specified in Clause 2, Article 16 of the Law on Civil Status.
If the registrationidea If the birth registration is made at the People’s Committee of the commune other than the place where the birth registration 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 of the place where the birth is registered. previous birth registration check, verify about keeping Slocal residence hall.
In thuhWithin 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 submit the application.her luhi in writing of retention or non-retention Scivil status drive.
Within 03 working days from the date of receipt of verification results about the no longer being kept book civil status at the place where the birth is registered, if the dossier is complete, accurate and in accordance with the law, the judicial officer – civil status registration shall carry out the re-registration of births as prescribed in Clause 2, Article 16 of the Law on Civil Status.
Authority to re-issue birth certificate:
first. The district-level People’s Committee, where the registrationiPreviously, re-registration of birth, marriage, and death registrationeh.
2. In case of birth, marriage, and deatheh previously registered at the commune-level People’s Committee, the re-registration of birth, marriage and death shall be granted by the district-level People’s Committee. childrenI perform.
3. The case of birth, marriage and death registration previously registered at the People’s Committee of the provincedepend onh or WILLlive Judicial, the re-registration of births, marriages, and deaths do The People’s Committee of the district where the requester resides; if that person does not reside in Vietnam, the People’s Committee of the district where the current headquarters of thelive Judicial implementation.
see more: The ID does not match the Birth Certificate
2. What is a birth certificate re-issuance declaration?
Birth certificate re-issuance declaration is a form submitted by an individual to the agency competent to issue the original birth certificate in case the birth certificate is lost, damaged, torn, etc. The original birth certificate includes information of the birth declarant, the person requested to be re-issued the original, full name of father, full name of mother, reason for re-issuance and other relevant contents.
The birth certificate re-issuance declaration is a document recording personal information of the person who wants to re-issue the original birth certificate to the competent authority. At the same time, the original birth certificate re-issuance declaration is also the basis for the competent authority to re-issue the birth certificate to consider, and is also an indispensable document in the application for re-issuance of the birth certificate.
see more: Where can I renew my birth certificate? Procedure for re-registration of birth?
3. Form of declaration for re-issuance of original birth certificate:
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
DECLARATION FOR RESULT OF THE ORIGINAL BIRTH DIFFERENCE
Dear: (first)……
Name and surnamei: ……
Place of residence / temporary: (2)……
Number of ID Card/Valid replacement papers: (3)……..
Relationship with the person who is reissued the original Birth Certificate: ……
Suggestion (first)…… re-issue the original birth certificate to the person named below:
First and last name: ……. Gender: ….
Date of birth: …
Place of birth: (4)…
Nation: …. Nationality: ….
Place of residence / temporary: (2)…
Father’s name and surname: …
Nation: . Nationality: …Year of birth…
Place of residence / temporary: (5)…
Mother’s first and last name: …
Ethnicity: …Nationality: … .Year of birth…
Place of residence / temporary: (5)…
Registered birth at: …date…month…year…
According to Birth Certificate No: (6).Book number (6):……
Reason for re-issuance: ……
I hereby certify that the above declaration is true and take responsibility before the law for my commitments
Work at: ……. , day ……. May …
Declarant
(Sign and write full name)
see more: Lost birth certificate can be re-issued original?
4. Instructions for drafting the birth certificate re-issuance declaration:
(1) Specify the name of the agency performing the re-issuance of the original birth certificate.
(2) Write according to the registered address of permanent residence and cross out the phrase “temporary residence”; if there is no registered place of permanent residence, cross out the word “permanent residence” and write it according to the registered address of temporary residence.
(3) If it is written according to the ID number, then cross out the phrase “Valid replacement papers”; if it is written by the number of valid papers instead, specify the name of the paper and cross out the phrase “ID card”.
(4) In case a child is born at a hospital, write the name of the hospital and the administrative address where the child was born (eg, Hanoi Obstetrics and Gynecology Hospital). In case the child is born at a medical facility, the name of the medical facility and the administrative location where the child was born (for example, a health station in Dinh Bang commune, Tu Son district, Bac Ninh province).
In case a child is born outside a hospital and medical facility, the names of the three administrative levels (commune, district, and provincial) where the child was born (for example, Dinh Bang commune, Tu Son district) , Bac Ninh province).
In the case of a child born abroad, the place of birth is recorded according to the name of the city, the country, and the place where the child was born (for example, London, United Kingdom of Great Britain and Northern Ireland; Bec; -lin, Federal Republic of Germany).
(5) Enter the permanent/temporary residence of the parents at the time of birth registration for the child; how to write follow the instructions at point (2)
(6) Only declare when you know for sure.
see more: The birth certificate is torn, crumpled, how to apply for re-issue?
5. Legal provisions on procedures for re-registration of birth certificates:
Pursuant to Article 26 of Decree 123/2015/ND-CP, which stipulates as follows:
Article 26. Procedures for re-registration of births
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; nation; nationality; home town; parent-child, mother-child relationships are consistent with the records managed by the agency or unit.
2. Within 05 working days from the date of receiving 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 – civil status officer shall re-register the birth birth according to the order specified 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 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 05 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 or not it is still kept. 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.
4. 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.
5. 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.
6. 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.
Chuyên mục: Biễu mẫu
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