Procedures for re-issuance of a birth certificate

Due to my carelessness, I lost my original birth certificate. Now I want to apply for the issuance of the birth certificate so I hope that the FDVN Lawyer can advise me on this procedure. Thank you!

FDVN’s opinions:

Thank you for concerning FDVN’s legal services. Regarding your consulting requests, after studying the relevant legal documents, FDVN Law Firm would like to give you the following advice:

[1]. Legal Basis

- Decree 123/2015/ND-CP detailing a number of articles and measures to implement the Law on civil status;

- Circular No. 04/2020/TT-BTP elaborating a number of Articles of Law on Civil Status and the Government’s Decree No. 123/2015/ND-CP dated November 15, 2015 on guidelines for Law on Civil Status.

[2]. Birth re-registration procedures

* An application for birth re-registration shall include:

+ An application form as prescribed, specifying the assurance that the applicant has received birth registration but he/she fails to keep the original of the birth certificate;

+ Copies of all documents of the applicant, or other documents containing information in connection with the birth registration;

+ If the applicant for birth re-registration is an official/public employee, or an armed force official, apart from above documents, he/she is required a document issued by the authority's head to certify that details of full name, sex, date of birth, race, nationality, native place, father-child relationship, mother-child relationship are consistent with the records under the authority’s management.

According to Article 9 of Circular 15/2015/TT-BTP, documents providing bases for birth re-registration include:

+ A copy of the birth certificate lawfully issued by the competent Vietnamese authority.

+ The authentic copy or a copy of a replacement of the birth certificate issued before 1945 in the North and before 1975 in the South.

+ Identity card or passport;

+ Family registry, temporary residence registry, documentary evidences of place of residence;

+ Degrees, certificates, school report book, school records issued or confirmed by competent authorities;

+ Other documents containing full name and date of birth of the applicant.

* Time limit for settlement:

- Within 5 working days from the date on which the application is received, the civil status official shall verify it. If the birth re-registration is consistent with regulations of law, the civil status official shall grant the birth re-registration.

If the application for birth re-registration is submitted at the People’s Committee of a commune other than the commune which has granted the former birth registration, the civil status official shall request the President of People’s Committee to request such the People’s Committee to verify if respective vital records are being kept.

Within 5 working days, from the date on which the request is received, the People’s Committee which has granted the former birth registration shall verify and respond in writing that if the vital records are being kept.

• Within 3 working days from the date on which verification results that the vital records are no longer kept in the commune where the birth registration has been granted are received and the application is considered satisfactory and consistent with regulations of law, the civil status official shall grant the birth re-registration.

Thus, when you want to re-issue the original birth certificate, you need to prepare all documents according to the regulations just cited above, then submit it to the People's Committee of the commune where the birth registration was previously registered or where you currently reside to carry out birth registration procedures. In case there is no copy of the birth certificate but the documents and personal papers have the agreement on the birth registration content, you shall re-register 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 dossiers and papers officially issued by competent state agencies.

Above is FDVN Law Firm's opinion based on studying legal regulations. Hopefully, FDVN's advice will be helpful to you.

Hoang Tran Ngoc Anh - FDVN Law Firm

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