Authority to issue new and reissue birth certificates

(Chinhphu.vn) - The Ministry of Health has issued Circular 22/2025/TT-BYT regulating the issuance and use of birth certificates. Accordingly, medical examination and treatment facilities that have been granted operating licenses in accordance with the provisions of law are competent to issue new and reissue birth certificates.

Birth certificates that have been issued with errors or missing information; lost, torn, or damaged birth certificates will be reissued.

New birth certificate

According to the Circular, the issuance of new birth certificates is regulated as follows:

1- In case a child is born at a medical examination and treatment facility: The medical examination and treatment facility where the child is born shall issue a birth certificate to the child before the child leaves the medical examination and treatment facility or earlier at the request of the child's relatives.

2- In case a child is born outside a medical examination and treatment facility but is delivered by a medical practitioner or a village or hamlet health worker or a village or hamlet midwife (midwife):

Within 30 days from the date of the live birth of the child, the child's relatives must submit a request for a birth certificate to the medical examination and treatment facility that manages the midwife and present valid identification documents with the personal identification number or passport of the mother who gave birth to the child for verification.

Within 5 working days from the date of receipt of the application for a birth certificate, the medical examination and treatment facility shall be responsible for verifying the information about the midwife, the mother giving birth, the newborn and issuing a birth certificate for the child. In case the information cannot be verified or the information is incorrect, the birth certificate shall not be issued.

3- In case of children born through surrogacy:

If a child is born at a medical facility that performs surrogacy for the person giving birth to the child: the medical facility shall issue a birth certificate to the child before the child leaves the medical facility or earlier at the request of the child's relatives.

If the child is born at a medical examination and treatment facility other than the medical examination and treatment facility that performed the surrogacy technique for the child's birth mother: the party requesting the surrogacy or the surrogate mother must submit to the medical examination and treatment facility where the child is born a confirmation of the surrogacy technique performed for humanitarian purposes by the medical examination and treatment facility that performed the surrogacy technique and present valid identification documents with the personal identification number or passport of the child's birth mother for verification.

Within 3 working days from the date of receipt of confirmation of surrogacy for humanitarian purposes, the medical examination and treatment facility where the child is born shall issue a birth certificate.

4- In case a child is born alive at a medical examination and treatment facility and dies before being discharged from the hospital, the medical examination and treatment facility shall issue a birth certificate for the child, then issue a death certificate.

5- The birth certificate is made in 2 copies with equal legal value, 1 copy is given to the child's relatives and 1 copy is kept at the medical examination and treatment facility. In case of twins or more, each living child is issued 1 birth certificate with a different code.

Reissue birth certificate

The Circular stipulates the cases in which birth certificates can be reissued: birth certificates that have been issued with errors or missing information; birth certificates that are lost, torn, or damaged.

Procedures for reissuing birth certificates

The mother who gives birth to the child shall directly submit the application for reissuance of the birth certificate as prescribed to the medical examination and treatment facility that first issued the birth certificate for the child and present valid identification documents with the mother's personal identification number or passport for verification. In case the applicant is not the mother who gave birth to the child, a legal power of attorney must be presented.

Within 3 working days from the date of receipt of valid documents, the medical examination and treatment facility is responsible for re-issuing the birth certificate for the child. In case the mother's information cannot be verified or the information is incorrect, the birth certificate will not be re-issued.

The code number of the reissued birth certificate must use the code number of the old birth certificate. The reissued birth certificate is kept at the medical examination and treatment facility together with the application for reissuance of the birth certificate.

The Circular takes effect from October 1, 2025.

Minh Hien

Source: https://baochinhphu.vn/tham-quyen-cap-moi-cap-lai-giay-chung-sinh-102250701164057138.htm