What documents are required for birth registration?

Question:

My wife and I are both from Nghe An province and are currently residing in Ho Chi Minh City. My wife is expecting our first child soon, and I'm unsure about the birth registration procedures. Could you please tell me what documents are required and how to register?

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Reply:

According to Clause 1, Article 15 of the 2014 Law on Civil Status, the father or mother is responsible for registering the birth of their child; if the father or mother cannot register the birth, the grandfather or grandmother or other relatives or individuals or organizations caring for the child are responsible for registering the birth.

According to Article 13 of the 2014 Law on Civil Status, the place of birth registration is the People's Committee of the commune where the father or mother resides. Based on Article 11 of the 2020 Law on Residence, a citizen's place of residence includes permanent residence and temporary residence. If the permanent or temporary residence cannot be determined, the citizen's place of residence is their current address as determined according to Clause 1, Article 19 of the 2020 Law on Residence.

The documents required for obtaining a birth certificate include:

Documents that need to be presented.

+ Passport, identity card, citizen identification card, or other document bearing a photograph and personal information of the person requesting the birth certificate, issued by a competent authority and still valid, to prove identity (Clause 1, Article 2 of Decree 123/2015/ND-CP).

+ Proof of residence for the applicant is the birth certificate, which serves to demonstrate the authority to register the birth.

+ If the child's parents are married, they must present their marriage certificate.

- Documents to be submitted

+ Declaration form as issued with Circular 04/2020/TT-BTP.

+ Birth certificate; if a birth certificate is unavailable, a written statement from a witness confirming the birth must be submitted; if there is no witness, a sworn statement regarding the birth must be provided.

The steps for registering a birth are as follows:

- Individuals requesting birth registration submit their applications to the competent People's Committee at the commune level.

- The receiving officer is responsible for immediately checking the entire file, comparing the information in the application form and the validity of the documents submitted by the applicant.

If the application is complete and valid, the person receiving the application will issue an acknowledgment slip, clearly stating the date and time for receiving the results.

+ If the application is incomplete, guide the applicant to supplement and complete it according to regulations; if it is not possible to supplement or complete the application immediately, a written instruction must be prepared, clearly stating the type of documents and content that need to be supplemented or completed, signed and clearly stating the full name of the person receiving the application.

- Immediately after receiving all the required documents, if the birth registration information is complete and accurate, the civil registry official will report to the Chairman of the People's Committee of the commune.

If the Chairman of the People's Committee of the commune agrees to resolve the matter, the civil registry official will update the birth registration information according to the instructions to obtain the personal identification number, record the birth details in the Birth Registration Book, guide the person registering the birth to check the contents of the Birth Certificate and the Birth Registration Book, and both the person registering the birth and the official will sign the Book.

The Chairman of the People's Committee at the commune level signs one original copy of the birth certificate issued to the person whose birth is being registered; the number of copies of the birth certificate issued is as requested.

Lawyer Tran Cong Tu - Can Tho City Bar Association

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Source: https://vtc.vn/ho-so-dang-ky-khai-sinh-gom-nhung-gi-ar768554.html