Application for Birth Certificate involving foreigners at border area.
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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 the entire 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.

- After examining the application dossier, if declared information in the dossier is completed and accurate, the civil status officer shall report to and ask for the approval of the Chairman of the people’s committee of the commune. In case the Chairman of the commune-level People’s Committee agrees to process the application, the civil status officer shall record the birth declaration in the Birth Registration Book with the signatories of the officer and the applicant. Chairman of the commune-level People’s Committee signs to issue the Birth Certificate to 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.

+ 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 registration of birth in person or authorize other person to apply for it;

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

- Documents proving the place of residence of a Vietnamese citizen are used to identify the authority of processing birth registration; in case the applicant is the parents of the children, who have registered their marriage, their marriage certificate shall need to be presented (during the period of time when the National Database on Population and the National E-Civil Status Database have not been completely built and implemented nationwide).

In case the application dossier is sent by post, it must be enclosed with the certified copies of the above must-present-papers.

* Documents to be submitted

- Birth Application Form.

- Original hospital record of birth; in case there is not record of birth, it is required to submit a written certification of the witness about the birth; if there is not witness of birth, there must be a written commitment of birth; in case of applying for birth registration for a child of a surrogate mother, it requires to provide with a written confirmation of the medical centre where the reproductive-assisted technology for the surrogacy has been done.

- A written agreement of the parents on the selection of the nationality for their child. In case the father or the mother selects a foreign nationality for their child, such written agreement must be certified by a competent governmental agency in the country where the parents choose their child’s nationality.

- Copies of documents evidencing their identity, papers evidencing the place of permanent residence in the border area of the citizen of neighboring country.

- A written authorization in accordance with the law in case of authorization to apply for the birth certificate

Number of the dossier: 01 set (of dossier)

Processing time: On the day of accepting the application dossier, in case the application dossier cannot be processed 15 hours after being received by the civil status officer, the results shall be returned within the following working day

Applicant of the administrative procedures: Individual.

Agencies implementing administrative procedures: Commune-level People's Committees in border regions where Vietnamese citizens permanently reside.

Coordinating agency: None

Results of the applied administrative procedure: Birth Certificate

Fees: VND8,000

 

Exemption of fees of the application for the following cases:

- Application for Birth Certificate by the members of families with meritorious services to the revolution; members of the poor households; people with disabilities;

- Registration of birth on time involving foreigners, which is processed at the commune-level People's Committee in the border area.

Samples of Declaration forms: Birth Application Form.

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.


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