Application for Birth Certificate involving foreigners at border area.
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.