Application for birth certificate involving foreigners for those who have personal documents.
Order of procedure
- The applicant submits the application dossier for
birth certificate to the People's Committees of the relevant competent district.
- The receiver (the civil status officer) shall have to immediately check
all application dossier and determine the validity of the papers in the
dossiers submitted or presented by the applicant; to compare the information in
the Declaration with the documents in the application dossier.
- If the application dossier
is completed and eligible, the receiver shall write a receipt form
which should clearly state the date and time for returning the result; if the
application dossier is not completed, the receiver shall
have to guide the applicant to supplement the documents to complete the dossier
as regulated; in case it is impossible to supplement and complete the dossier
right away, the applicant should be provided with the guidelines in a written
form that clearly states the type of papers, documents or the contents need to
be supplemented with full name and signature of the receiver.
- If the application dossier for birth certificate has
not been supplemented or completed after being guided as regulated, the receiver shall refuse such dossier. The refusal of
the birth application dossier shall be written in text, clearly stating the
reasons for the refusal with full name of the receiver.
- Within five (5) working days after receiving the
completed application dossier, the Justice Division shall examine and verify
the dossier/
The Justice Division shall
request in writing the commune-level People's Committee of the locality where
the applicant had resided prior to his/her departure to check and verify the
applicant’s birth registration and the keeping of civil status book.
Within five (5) working days after receiving the
written request, the People's Committee of the place where the dossier is
accepted shall conduct the inspection, verification and reply in writing with
the information about whether the applicant has been registered for birth
certificate or not and the retention or failure to keep civil status book.
Within three (3) working days after
receiving the verification results, if the application dossier is completed and
fully meets the provisions of the law, the Justice Division shall report to and
ask for the approval of the Chairman of the people’s committee of the district.
In case the Chairman of the district-level People’s Committee agrees to process
the application, the Chairman shall sign to issue the Birth Certificate to the
applicant; the civil status officer shall record such information in Birth
Registration Book with the signatories of the officer and the applicant.
* Notes:
+ In case the applicant submits a paper which is a
copy issued from the original book or certified copy of the original, the civil
status officer shall not require the applicant to show the originals; if the
applicant submits only the copies with the present of the originals, the civil
status officer shall compare the copies to the originals and then sign the
copies to confirm the comparison of the contents of both types of documents
without asking the applicant for the certified copies of such documents.
+ If it
is required to present the papers by law when applying for civil status, the
civil status officer shall have to check the papers, compare them with the
information in the declaration forms and return them to the applicant without
asking the applicant for submitting the copy of such documents. The civil
status officer may take one copy of the presented documents or write down the
information of the submitted paper for filing.
+ Papers issued, notarized or
certified by foreign competent agencies for the use in civil status
registration in Viet Nam must have apostille certification, except for cases
from countries which have signed the international Apostille Convention with
Viet Nam as a member; the documents in a foreign language must be provided with
a notarized or certified Vietnamese translation as prescribed by law.
+ The civil
status officer should fully accept the eligible and completed application
dossier according to the provisions of the law without requiring the applicant
to submit any other types of documents that are not included in the
regulations.
How to apply:
- The applicant may apply for birth certificate in
person or authorize other person to apply for it;
- The applicant may submit the
application dossier for birth certificate in person to
the People’s Committee of the relevant competent district or send it by post
Dossier Components:
* Documents
to be presented
- Passport or identity card
or other type of valid papers affixed with photos and personal information
issued by relevant authorities to prove the identification of the applicant for
birth certificaet (identification documents).
- Documents proving the place of residence before departure to determine the
competence of processing the birth registration.
If the application dossier is submitted by post,
it is required to enclose with the certified copies of the above
must-presented-papers.
* Documents to be submitted
- Birth Application Form
- A written commitment that the registration of
birth has not been processed yet.
- Copies of the applicant’s dossier, papers or other dossiers and documents that contain the information on the birth
contents, including: identity card or passport; Household registration
book, temporary residence book, proof of residence; Graduation
Certificates/Diplomas, School Report, Educational records issued or certified
by the educational or educational authority; other papers which have
information on their full name, birth, month and year of birth; proof of
paternity, mother-child relationship.
The applicant for birth registration is obliged to
submit all copies of the above papers (if any) and must commit to submit all
the papers that he/she has. In cases the applicant for birth registration
commits untruthfully and intentionally submits only copies of papers in favor
of birth re-registration, the birth registration shall not be legally valid.
- Authorization letter in
accordance with the provisions of law in the case of authorization of the
application for birth certificate. In case the authorized person is the grandfather,
grandmother, father, mother, child, spouse or sibling of the authorizing
person, the authorization letter must not be notarized or authenticated, but it
is required to provide with the documents certifying the relationship with the authorizing
person.
Number of dossiers: 01 set
(of dossier)
Processing time: Five (5) working days.
In case of verification, the
time limit for processing the application shall not exceed thirteen (13)
working days (excluding the time for sending the written request for
verification and the time for sending the written reply to the verification
result via the postal system).
Applicant of the administrative procedures: Individual
Competent
governmental agencies:
The district-level People's Committee at the place
of residence prior to departure of the applicant for birth certificate.
Agencies implementing the administrative procedures:
The district-level Justice Division
shall receive the application dossier and proceed to ask the Chairman of the
district-level People's Committees for the consideration and decision.
Coordinating agencies:
The commune-level People's Committee at the place
of residence prior to departure of the applicant for birth certificate
Results of the applied
administrative procedure: Birth Certificate
Fees: VND75,000
Exemption
of fees of the application for civil status registration for the members of
families with meritorious services to the revolution; members of the poor
households; people with disabilities.
Samples of Declaration forms: Birth Application Form.
Requirements, conditions for the implementation
of administrative procedure
Overseas Vietnamese, who have
not yet been registered for birth at the competent authority of Viet Nam, have
their dossiers and personal papers (original or validly certified copy), such
as: Personal Identification dcouments; Household Registration Book; Temporary
Residence Book; other documents issued by a competent agency of Viet Nam that
also includes place of birth in Viet Nam.
Legal
bases:
- Civil Status Law in 2014;
- Decree No.123/2015/NĐ-CP
dated 15 November 2015 by the Government regulating a number of articles and measures for the
implementation of the Civil Status Law;
- Circular No.15/2015/TT-BTP dated 16 November 2015 by the Ministry of
Justice guiding the implementation of a number of articles in the Civil Status
Law and the Decree No.123/2015/NĐ-CP
dated 15 November 2015 by the Government regulating a number of articles and measures for the
implementation of the Civil Status Law;
- Decision No.123/2016/QĐ-UBND dated 20 December 2016
by Lao Cai provincial People’s Committee regulating the rates (fees) of civil status
registration and its management and use
in Lao Cai province.