NĂM 2026, LÀM KHAI SINH CHẬM CÓ BỊ PHẠT TIỀN KHÔNG? / IN 2026, IS A DELAY IN BIRTH REGISTRATION FINE

Response: Thank You for sending the question to FDVN Law Firm (FDVN). Upon Your consulting request, after researching related regulations, FDVN provides the following opinions:

Pursuant to Article 15 of the Law on Civil Status 2014, within 60 days after the birth of the child, the father or mother shall register the child’s birth; if the parents are unable to register their child’s birth, the grandfather or grandmother or another relative or the individual or organization that is nurturing the child shall register his/her birth. This is legal liability with a responsible nature, but the law does not specify a penalty mechanism if the deadline exceeds 60 days.

Compared to the current penalty regulations specified in Article 37 of Decree No. 82/2020/ND-CP (amended and supplemented by Decree No. 117/2024/ND-CP), acts violating birth registration are mainly deceitful behaviors or falsification of case files such as erasing, adjusting documents; committing and witnessing inaccurately; providing inaccurate information and documents; using others’ documents to conduct the procedures. The fine shall be an amount of VND 1,000,000 to VND 5,000,000 due to the violation level. No such regulations penalize the mere act of late birth registration. The administrative penalties for late registration have been removed since the Decree No. 82/2020/ND-CP took effect.

However, under practice perspective, parents should consider three issues.

First, regarding fees: birth registration on time shall be free. In case of late registration, some locals shall require charges according to the fees prescribed by the provincial People’s Council.

Secondly, regarding indirect consequences: the late birth registration shall affect subsequent procedures of the child, such as residence registration, health insurance issuance, admission document, or national security policy interests. In case of late performance of the residence procedure, administrative penalties may arise according to specific regulations on residence laws, and not be considered as a result of late birth registration.

Third, regarding procedures: even if more than 60 days have elapsed, the birth registration shall be conducted continuously at the commune People’s Committee where the parents reside. The civil status authorities have responsibilities for receiving and resolving under the applicable laws and shall not decline documents due to late submission.