In case a person's birth certificate only has the year of birth, not the day of birth or month of birth, can it be added to the birth certificate and how?
According to Article 27 of the 2024 Law on Civil Status, the authority to register changes, corrections, and additions to civil status is stipulated as follows: The People's Committee of the commune where the civil status was previously registered or where the individual resides has the authority to resolve the addition of civil status for Vietnamese citizens residing in the country.
On the other hand, according to Article 29 of the 2024 Law on Civil Status:
"1. The person requesting to supplement the household registration shall submit an application form in accordance with the prescribed form and relevant documents to the household registration authority.
2. Immediately after receiving all documents as prescribed in Clause 1 of this Article, if the request for additional civil status is found to be correct, the judicial - civil status officer shall record the additional content in the corresponding section of the civil status book, sign the civil status book with the requester and report to the Chairman of the People's Committee at the commune level to issue an extract to the requester.
In case of adding civil status to birth certificate or marriage certificate, the civil status official shall record the additional content in the corresponding section and stamp the additional content.
About how to determine date and month of birth when adding information:
According to the provisions of Article 18 of Circular No. 04/2020/TT-BTP (amended and supplemented in Clause 3, Article 2 of Circular No. 04/2024/TT-BTP), the regulations on adding date and month of birth are as follows:
"1. Civil status papers specified in Clause 2, Article 75 of the Law on Civil Status are valid without having to supplement missing civil status information compared to the current civil status form.
2. If a validly issued civil status document contains missing civil status information, it may be supplemented if there are valid papers or documents issued by a competent authority or organization to prove it. The request to add Vietnamese nationality shall only be made for civil status documents issued from January 1, 2016, after determining that the applicant is a Vietnamese citizen according to the provisions of the Law on Vietnamese Nationality.
3. In case an individual's birth was registered before January 1, 2016 but the birth certificate or birth registration book does not record the date and month of birth, the date and month of birth shall be supplemented according to the birth certificate or confirmation document from the medical facility where the individual was born.
In case there is no birth certificate or confirmation document from a medical facility, the date and month of birth are determined as follows:
a) For people whose personal records and documents consistently state the date and month of birth, the date and month of birth shall be determined according to that date and month.
In case the date and month of birth in the personal records and documents are inconsistent, the date and month of birth in the records and documents issued or confirmed as valid first shall be determined.
b) For those who do not have personal records or documents or whose personal records or documents do not have a date of birth, the applicant is allowed to make a commitment about the date of birth according to the provisions of Article 5 of this Circular. (Article 5 of Circular 04/2020 stipulates: In case the applicant for civil status registration is allowed to make a commitment about the content of the civil status registration request, the civil status registration agency must clearly explain to the person making the commitment about the responsibilities and legal consequences of making an untrue commitment).
c) In case the date and month of birth cannot be determined according to the instructions in Point a and Point b of this Clause, the date and month of birth shall be January 1 of the year of birth; in case the month of birth can be determined but the date of birth cannot be determined, the date of birth shall be the 1st day of the month of birth".
Thus, if the birth certificate does not have the date and month of birth, people should go to the People's Committee of the commune where the household registration was registered or the People's Committee of the commune where they reside to request consideration and supplementation of the household registration according to regulations.
Source: https://daidoanket.vn/giay-khai-sinh-khong-ghi-ngay-thang-bo-sung-the-nao-10294035.html
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