Legal situation:
At the end of 2023, I readed information shared on the Nghe An Justice website, stating that: “If administrative procedure applications are submitted via the Nghe An Provincial online public service portal, a 40% reduction in fees will be applied.” However, today, when I submitted my online application requesting two certified copies of a birth certificate extract, the system reported the fee as VND 16,000 (without the 40% reduction as indicated in the notification). Therefore, could you clarify the current specific civil status fees applicable at the commune level within Nghe An Province?
FDVN’s Opinion:
Thank you for trusting and sending your question to FDVN Law Firm (“FDVN”). After studying the relevant legal provisions and local legal documents, FDVN would like to present our legal opinion as follows:
Currently, the collection rates for civil status fees in Nghe An Province are implemented in accordance with Resolution No. 11/2022/NQ-HDND, dated July 14, 2022, of the People's Council of Nghe An Province. Additionally, the People's Council of Nghe An Province issued Resolution No. 14/2023/NQ-HDND, which provides in Article 2 that the fees for administrative procedures conducted through online public services (electronic filing) within Nghe An Province shall be set at 60% of the fees specified in the resolutions of the People's Council of Nghe An Province, including Resolution No. 11/2022/NQ-HDND, dated July 14, 2022.
Accordingly, Resolution No. 11/2022/NQ-HDND, dated July 14, 2022, of the People's Council of Nghe An Province stipulates the civil status fee rates as follows:
* Procedure for birth registration
- Exempt from fees in cases of timely registration.
- Fee exemption applies to individuals from families with contributions to the revolution, children, individuals from poor households, the elderly, persons with disabilities, and ethnic minorities in areas with especially difficult socio-economic conditions.
- VND 10,000 for cases of late birth registration. For administrative procedures conducted via online public services, the fee rate shall be 60% of the standard fee.
* Procedure for marriage registration
– Free.
* Procedure for acknowledgment of parent-child relationship
- VND 20,000 per application. For administrative procedures conducted via online public services, the fee rate shall be 60% of the standard fee.
- Fee exemption applies to individuals with contributions to the revolution, children, individuals from poor households, the elderly, persons with disabilities, and ethnic minorities in communes, villages, or hamlets with especially difficult socio-economic conditions.
* Procedure for birth registration combining acknowledgment of parent-child relationship
- VND 10,000 for late birth registration; Acknowledgement of Parent-Child Relationship fee: VND 20,000. For administrative procedures conducted via online public services, the fee rate shall be 60% of the standard fee.
- Fee exemption applies to individuals with contributions to the revolution, children, individuals from poor households, the elderly, persons with disabilities, and ethnic minorities in communes, villages, or hamlets with especially difficult socio-economic conditions.
* Procedure for death registration
- VND 10,000 for late birth registration. For administrative procedures conducted via online public services, the fee rate shall be 60% of the standard fee.
- Fee exemption applies to individuals with contributions to the revolution, children, individuals from poor households, the elderly, persons with disabilities, and ethnic minorities in communes, villages, or hamlets with especially difficult socio-economic conditions.
- Fee for issuance of a death certificate extract (if requested): VND 8,000 per copy.
* Procedure for mobile birth registration
- VND 10,000 for late birth registration.
- Fee exemption applies to individuals with contributions to the revolution, children, individuals from poor households, the elderly, persons with disabilities, and ethnic minorities in communes, villages, or hamlets with especially difficult socio-economic conditions.
* Procedure for mobile death registration
- VND 10,000 for late death registration. For administrative procedures conducted via online public services, the fee rate shall be 60% of the standard fee.
- Fee exemption applies to individuals with contributions to the revolution, children, individuals from poor households, the elderly, persons with disabilities, and ethnic minorities in communes, villages, or hamlets with especially difficult socio-economic conditions.
* Procedure for birth registration involving foreign elements in border areas
- VND 10,000 per application for late birth registration. For administrative procedures conducted via online public services, the fee rate shall be 60% of the standard fee.
- Fee exemption applies to individuals with contributions to the revolution, children, individuals from poor households, the elderly, persons with disabilities, and ethnic minorities in communes, villages, or hamlets with especially difficult socio-economic conditions.
* Procedure for acknowledgment of parent-child relationship involving foreign elements in border areas
- VND 20,000 per case. For administrative procedures conducted via online public services, the fee rate shall be 60% of the standard fee.
- Fee exemption applies to individuals with contributions to the revolution, children, individuals from poor households, the elderly, persons with disabilities, and ethnic minorities in communes, villages, or hamlets with especially difficult socio-economic conditions.
* Procedure for death registration involving foreign elements in border areas
- VND 10,000 for late death registration. For administrative procedures conducted via online public services, the fee rate shall be 60% of the standard fee.
- Fee exemption applies to individuals with contributions to the revolution, children, individuals from poor households, the elderly, persons with disabilities, and ethnic minorities in communes, villages, or hamlets with especially difficult socio-economic conditions.
* Procedure for changing, correcting, or supplementing civil status records
- VND 10,000. For administrative procedures conducted via online public services, the fee rate shall be 60% of the standard fee.
- Fee exemption applies to individuals with contributions to the revolution, children, individuals from poor households, the elderly, persons with disabilities, and ethnic minorities in communes, villages, or hamlets with especially difficult socio-economic conditions.
* Procedure for granting marital status certificate
- VND 15,000. For administrative procedures conducted via online public services, the fee rate shall be 60% of the standard fee.
- Fee exemption applies to individuals with contributions to the revolution, children, individuals from poor households, the elderly, persons with disabilities, and ethnic minorities in communes, villages, or hamlets with especially difficult socio-economic conditions.
* Procedure for re-registering birth
- VND 10,000. For administrative procedures conducted via online public services, the fee rate shall be 60% of the standard fee.
- Fee exemption applies to individuals with contributions to the revolution, children, individuals from poor households, the elderly, persons with disabilities, and ethnic minorities in communes, villages, or hamlets with especially difficult socio-economic conditions.
* Procedure for re-registering birth for individuals with existing personal records and documents
- VDN 10,000. For administrative procedures conducted via online public services, the fee rate shall be 60% of the standard fee.
- Fee exemption applies to individuals with contributions to the revolution, children, individuals from poor households, the elderly, persons with disabilities, and ethnic minorities in communes, villages, or hamlets with especially difficult socio-economic conditions.
* Procedure for re-registering marriage
- VND 20,000. For administrative procedures conducted via online public services, the fee rate shall be 60% of the standard fee.
- Fee exemption applies to individuals with contributions to the revolution, children, individuals from poor households, the elderly, persons with disabilities, and ethnic minorities in communes, villages, or hamlets with especially difficult socio-economic conditions.
* Procedure for re-registering death
- VND 10,000. For administrative procedures conducted via online public services, the fee rate shall be 60% of the standard fee.
- Fee exemption applies to individuals with contributions to the revolution, children, individuals from poor households, the elderly, persons with disabilities, and ethnic minorities in communes, villages, or hamlets with especially difficult socio-economic conditions.
* Procedure for issuing a certified copy of vital record excerpt
- VND 8,000 per certified copy/excerpt per registered vital event.
- Fee exemption applies to individuals with contributions to the revolution, children, individuals from poor households, and persons with disabilities.
* Procedure for confirming vital record information
- VND 8,000 per confirmation document.
- Fee exemption applies to individuals from families with contributions to the revolution, individuals from poor households, and persons with disabilities.
* Procedure for interconnecting administrative procedures for birth registration, permanent residence registration, and issuance of health insurance cards for children under 6 years old
- Fee exemption applies;
- In cases of late birth registration: VND 10,000 per case. For administrative procedures conducted via public services, the fee rate shall be 60% of the standard fee.
* Procedure for interconnecting administrative procedures for death registration, deregistration of permanent residence, entitlement to funeral benefits/support for burial costs/receiving burial allowance
- VND 10,000 for late death registration; for administrative procedures conducted via public services, the fee rate shall be 60% of the standard fee.
- Deregistration of permanent residence: No fee charged.
- Entitlement to funeral benefits/support for burial costs/receiving burial allowance: No fee charged.
According to Resolution No. 11/2022/NQ-HĐND, dated July 14, 2022, of the People's Council of Nghe An Province, there is no mention of the fee for issuing a birth certificate excerpt; this fee is regulated in Circular No. 181/2016/TT-BTC, dated November 14, 2016, with a fee of VND 8,000 per certified copy. This Circular does not fall under the category of reduced fees when conducting administrative procedures via online public services. Therefore, the public service system of Nghe An Province charging a fee of VND 16,000 for two requested excerpts is correct.
The above is the FDVN's opinion regarding your request of consultation. We hope the discussion provided is useful to you.
Hồ Trọng Trí – FDVN Law Firm
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