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Losing a birth certificate can be a stressful experience, but fortunately, you can obtain a new one. Here’s a detailed guide on re-issuing a birth certificate in Vietnam, including legal basis, procedures, and required documents, provided by NT International Law Firm.
Legal Basis:
- Decree 123/2015/ND-CP: This decree governs civil status registration and issuance of birth certificates in Vietnam.
- Article 24: Allows re-registration of a birth certificate if both the original certificate and the civil status book are lost.
- Article 25: Defines the competent authority for re-registration as the People’s Committee of the district where the birth was originally registered.
- Law on Civil Status 2014: Defines the concept of the birth certificate and outlines the legal framework for civil status registration.
Conditions for Re-issuing a birth certificate:
To be eligible for re-issuing your birth certificate, two conditions must be met:
- Birth registration before January 1, 2016: This allows for verification using historical records.
- Loss of both original documents: Both the birth certificate and the corresponding civil status book must be lost to qualify for re-registration.
Procedure of Re-issuing a birth certificate:
The specific procedure for re-issuing your birth certificate depends on the availability of the civil status book:
1. If Civil Status Book is Available:
- Apply for a copy of the civil status extract: This option allows obtaining a legally valid copy of your birth record if the civil status book is still in your possession.
- Required documents:
- Birth re-registration declaration form (attached to Decree 123/2015/ND-CP).
- Personal information of the requester (full name, birth date, gender, address, and identification documents).
- Proof of residence.
- Process:
- Submit the required documents to the commune-level People’s Committee.
- The official verifies the information and issues a certified copy of the civil status extract.
- This copy has the same legal validity as the original birth certificate.
- Required documents:
2. If Both Documents are Lost:
- Apply for re-registration of the birth certificate: This option applies when both the birth certificate and the civil status book are missing.
- Required documents:
- Birth re-registration declaration form.
- Copies of all existing records and papers related to the birth, including:
- Copies of previously issued birth certificates (if any).
- Copies of identity cards, citizen identification cards, or passports.
- Household registration book.
- Any other documents containing relevant information (school records, medical records, etc.).
- Personal identification documents of the requester (passport, identity card, etc.).
- Written authorization if submitted by a representative.
- Written confirmation from the employer (if the requester is a public employee) verifying the declared information.
- Process:
- Submit the required documents to the People’s Committee of the district where the birth was originally registered.
- The official verifies the information and conducts an investigation.
- Upon successful verification, the official issues a new birth certificate.
- Note: Fees may apply for re-registration.
- Required documents:
Conclusion:
Losing your birth certificate can be a hassle, but understanding the legal framework and following the outlined procedures will help you navigate the process smoothly. Remember to keep your new birth certificate safe and secure to avoid future complications.
Note: This guide provides general information based on current Vietnamese regulations. Specific details may vary depending on your location and circumstances. Always consult with the relevant authorities for the most accurate and up-to-date information.
NT International Law Firm is Here to Help:
NT International Law Firm has addressed the question of how to apply for a new birth certificate in the event the original birth certificate is lost. 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.
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“The article’s content refers to the regulations that were applicable at the time of its creation and is intended solely for reference purposes. To obtain accurate information, it is advisable to seek the guidance of a consulting lawyer.”
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