Order of procedure

- The applicant submits the application dossier for re-registration of birth 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 re-registration of birth 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.

If the previous birth registration was conducted at a commune-level People's Committees or Department of Justice, the Justice Division shall request in writing such commune-level People’s Committee/Department of Justice to inspect and verify information about the filing of civil status book.

Within five (5) working days after receiving the written request, the commune-level People's Committee/ Department of Justice where the previous registration of birth was processed shall conduct the inspection, verification and reply in writing whether the information has been filed in the civil status book or not.

- After inspecting and verifying, 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 re-registration of birth in person or authorize other person to apply for it;

- The applicant may submit the application dossier for re-registration of birth 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 re-registration of birth.

* Documents to be submitted

- Application Form for Re-registration of Birth, which includes the applicant’s assurance that the registration of birth was done but the original birth certificate can not be kept.

- Certified copies of the applicant’s dossier and papers, or other dossiers and documents that contain the information on the birth contents, including:

+ Copy of Birth Certificate issued by Viet Nam’s relevant agencies (certified or notarized copy, which was issued from the Birth Registration Book); Original or certified copy of a valid paper in lieu of Birth Certificate issued before  1945 in the North and before 1975 in the South.

+ In case the applicant does not have the above papers, he/she must submit certified copies of documents issued by a competent Vietnamese agency such as:  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 re-registration commits untruthfully and intentionally submits only copies of papers in favor of birth re-registration, the birth re-registration shall not be legally valid.

* 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.

 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 where the birth was previously registered shall process the re-registration of  birth.

- If the birth registration was previously registered at the commune-level People’s Committee, the re-registration of birth thereof shall be processed by the district-level People’s Committee.

- If the birth registration was previously registered at the provincial-level People's Committees or Department of Justice, the re-registration of birth shall be processed by the district-level People's Committees of the localities where the Department of Justice are headquartered.

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: Commune-level People’s Committees/ Department of Justice of localities where the applicant for re-registration of birth request the previous registration of birth.

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: ApplicationForm for Re-registratino of birth.

Requirements, conditions for the implementation of administrative procedure

- Vietnamese citizens residing overseas or foreigners who have registered their births at the competent Vietnamese agencies before 1 January 2016, but the birth registration book and the original birth certificate are lost.

- The applicant is still alive at the time of applying for re-registration of birth.

- The applicant shall have to fully submit copies of papers and documents with contents related to the re-registration of birth certificate.

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.