Re-issuance of birth certificate when all civil status documents are lost

I am 58 years old and I work as a farmer. I have some jobs that need a birth certificate but I have lost all papers on birth registration. I went to the People's Committee of commune where I registered my birth, but they said they could not find the civil status record. Now, I want to obtain the birth certificate again. How can I do it? I hope that the FDVN lawyer will respond to me soon.

FDVN’s Opinions:

Thank you very much for submitting questions to FDVN Law Firm (FDVN). After studying relevant legal regulations, FDVN has some opinions for your consulting request as follows:

Pursuant to Article 24, Decree No. 123/2015/ND-CP on guidelines for law on civil status, conditions for birth, marriage or death re-registration are regulated:

“1. Any birth, marriage, or death registration that has been granted at the competent authority of Vietnam before January 1, 2016, but the vital records or originals copies from vital records are lost shall be eligible for re-registration.

2. An applicant for birth, marriage, or death re-registration shall submit sufficient copies of relevant documents.

3. The birth or marriage re-registration is only granted if the applicants are still alive at the time of receiving application.”

Thus, with reference to the above provisions and according to the information provided by you, in your case, you can carry out the birth registration procedure to be re-issued the birth certificate at the People’s Committee of the commune which granted the former birth or the People’s Committee of commune where you permanently resides grant the birth or marriage re-registration (pursuant to Clause 1 Article 25, Decree No. 123/2015/ND-CP).

An application consists of:

Pursuant to Clause 1, Article 26 of Decree 123/2015/ND-CP and Article 9 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, 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;
• 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 the full name and date of birth of the applicant.

Papers proving the parent-child relationship.

You are responsible for submitting full copies of the above documents (if any) and must ensure that you have submitted all the papers you have. In case you do not undertake truly, only intentionally submit copies of beneficial papers to re-register your birth registration, the birth re-registration is not legally valid.

Time for consideration: Within 05 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 05 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 03 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.

Above is the advisory opinion of FDVN regarding your consultation request on the basis of researching legal provisions. Hopefully, the advice of FDVN will be useful to you.

Nguyen Thi Suong - FDVN Law Firm

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