Birth Certificate Procedures: A Comprehensive Guide

A birth certificate holds significant value as it establishes an individual’s name and date of birth. Consequently, obtaining a birth certificate is an essential step when welcoming a newborn or when seeking a duplicate copy. Hence, it is crucial to comprehend the process, procedures, and required documents involved in obtaining a birth certificate. NT INTERNATIONAL LAW FIRM aims to provide comprehensive guidance in this article, enabling you to gain a better understanding of the aforementioned aspects. By doing so, you will be equipped with the knowledge to assert and exercise your rights more effectively.

Birth Certificate Procedures: A Comprehensive Guide

Obtaining a birth certificate is a crucial step in establishing a person’s legal identity and securing access to vital services. This comprehensive guide outlines the process, legal basis, required documents, fees, and additional considerations to ensure a smooth and efficient experience.

What is a birth certificate?

• Law on Civil Status 2014: Article 4, Clause 6 defines a “birth certificate” as a document issued by a competent state agency upon birth registration, containing essential personal information.
• Decree 123/2015/ND-CP: Article 6, Clause 1 further emphasizes the “birth certificate” as the original civil status document of an individual.

Gathering Required Documents:

As stipulated in Article 2 of Decree 123/2015/ND-CP, individuals applying for a birth certificate must compile and submit the following:

1. Birth registration declaration form: This form, attached to the Decree, captures essential information about the child and the parents.
2. Applicant’s personal information: Full name, date of birth, gender, address, parents’ names, and other relevant family details should be provided accurately.
3. Original identification document: A valid passport, identity card, citizen identification card, or other document with photo and personal information issued by a competent authority is required.
4. Birth confirmation document: This document, issued by the hospital or medical facility where the child was born, serves as official proof of the birth date and location.
5. Proof of residence: Documents like a household registration book or utility bill can be used to demonstrate the applicant’s place of residence.
6. Marriage certificate: If the parents are married, a copy of the marriage certificate must be provided.

Step-by-Step Procedures:

1. Application Submission: The applicant submits the complete dossier to the commune-level People’s Committee.
2. Verification and Review: A designated official meticulously checks the application for completeness and ensures the validity of all documents.
3. Reporting and Decision-Making: The official reports to the Chairman of the Commune People’s Committee. If the application is approved, the official proceeds with the following steps:
   • Updates the birth registration information in the system.
   • Assigns a Personal Identification Number to the child.
   • Records the birth registration details in the official Birth Registration Book.
   • Obtains the signatures of both the official and the applicant on the Birth Registration Book.
4. Issuance and Additional Copies: The Chairman of the Commune People’s Committee signs and issues the original Birth Certificate to the applicant. Upon request, additional copies can be issued.

Fee Structure:

Understanding the fee structure is crucial for budgeting purposes. The Law on Civil Status 2014, specifically Article 11, outlines exemptions for specific groups:

• Families with meritorious services to the revolution
• People belonging to poor households
• Individuals with disabilities
• Vietnamese citizens residing within the country who register birth and death on time

However, for situations not falling under these exemptions, fees are applicable. These include:

• Untimely birth registration
• Re-registration for a birth certificate
• Registration for individuals with existing records and personal sheets
• Requesting additional copies of the Birth Certificate

The specific fee amounts can vary depending on the locality. Circular 250/2016/TT-BTC provides further guidance on fee collection practices at different administrative levels.

Additional Considerations:

• Timely Registration: Promptly registering a birth ensures legal recognition and avoids unnecessary fees.
• Local Variations: While this guide provides a general overview, specific procedures and regulations may differ slightly depending on the locality.
• Seek Assistance: If needed, consult with the relevant authorities or legal professionals for personalized guidance and support.

By understanding these procedures and legal frameworks, individuals can navigate the birth certificate process confidently and efficiently. This vital document serves as a cornerstone for accessing fundamental rights and participating fully in society.

NT International Law Firm is Here to Help:

NT International Law Firm has addressed the question of how to apply for a birth certificate. If you have any further questions or concerns regarding civil law, please contact our law firm immediately for expert legal advice.

If you require any legal assistance, please feel free to reach out to us via phone at 090 252 4567 or through email: info@ntpartnerlawfirm.com. At NT INTERNATIONAL LAW FIRM, our team is committed to offering you prompt and personalized advice.

You also might be interested in:

• The 2015 Civil Code in English
• The 2014 Law on Civil Status in English