Making a birth certificate (birth registration) for children is very important because without a birth certificate, children will not be able to go to school. So what is the procedure for making a birth certificate?

1. Where to get a birth certificate for your child in 2023?

- The responsible person (father, mother; grandfather or grandmother or other relatives; individuals or organizations that are nurturing the child) will make a birth certificate for the child at the commune-level People's Committee of the place of residence of the father or mother (Article 13 of the Law on Civil Status 2014).

According to Article 11 of the Law on Residence 2020, a citizen's residence includes a permanent place of residence, a temporary residence. In case the permanent place of residence or temporary residence cannot be determined, the citizen's residence is the current residence determined according to the provisions of Clause 1, Article 19 of the Law on Residence 2020.

- In case of making birth certificates for children with foreign elements, they shall be made at the district-level People's Committee of the place of residence of the father or mother (Clause 2, Article 7 of the Law on Civil Status 2014).

Birth registration with foreign elements falls into one of the following cases:

+ Children whose parents are foreigners or stateless persons.

+ Children whose parents are foreigners, stateless persons but children born in Vietnam.

- In case of making birth certificates for children born in Vietnam whose one parent is a Vietnamese citizen permanently residing in the border area and the other is a citizen of a neighboring country permanently residing in the border area with Vietnam, it shall be done at the commune-level People's Committee where one parent is a Vietnamese citizen permanently residing adjacent to administrative units equivalent to commune level of Vietnam where the mother or father is a citizen of a neighboring country permanently resides (Point d, Clause 1, Article 7 of the Law on Civil Status 2014, Clause 1, Article 17 of Decree 123/2015/ND-CP).

- In case the child is a Vietnamese citizen residing abroad, the birth certificate shall be made at the representative office (Clause 3, Article 7 of the Law on Civil Status 2014, Article 2 of Joint Circular 02/2016/TTLT-BNG-BTP).

2. What does the 2023 birth certificate include?

Depending on whether the birth certificate has foreign elements or not, the profile will be different, specifically:

* A dossier of making a birth certificate in the absence of foreign elements includes:

- Documents must be presented:

+ Passport, identity card, citizen identity card or other document with photo and personal information of the requester as a birth certificate issued by a competent agency, still valid for proving identity (Clause 1 Article 2 of Decree 123/2015/ND-CP).

+ Documents proving the residence of the requester to make a birth certificate to prove the competence to register birth.

+ In case the father or mother of the child has registered marriage, the marriage certificate must be presented.

- Documents to be submitted:

+ Declaration according to the form issued together with Circular 04/2020/TT-BTP.

+ Birth certificate. In case there is no birth certificate, a written confirmation of the birth shall be submitted by the witness; If there are no witnesses, an affidavit of birth is required.

* A dossier of making a birth certificate in case of foreign elements includes:

- Documents must be presented:

+ Passport, identity card, citizen identity card or other document with photo and personal information of the requester as a birth certificate issued by a competent agency, still valid for proving identity (Clause 1 Article 2 of Decree 123/2015/ND-CP).

+ Documents proving the residence of the requester to make a birth certificate to prove the competence to register birth.

+ In case the father or mother of the child has registered for marriage, the marriage certificate must be presented.

+ In case a child is born abroad, whose parents are Vietnamese citizens or the father and mother are both Vietnamese citizens, have not been registered for birth abroad or reside in Vietnam, they shall present documents proving that the child has lawfully entered Vietnam (such as: passports, documents valid for international travel with entry confirmation stamps of immigration authorities) and written confirmation of competent police agencies about children residing in Vietnam.

- Documents to be submitted:

+ Birth registration declaration according to the form issued together with Circular 04/2020/TT-BTP.

+ Birth certificate.

In case there is no birth certificate, a written confirmation of the birth shall be submitted by the witness; If there is no written witness, an affidavit of birth is required.

In case a child is born abroad, a birth certificate or other document issued by a foreign competent authority certifying the child's birth abroad and the mother-child relationship (if any).

+ In case one parent or both parents are foreigners, they must submit a written agreement of the parent on the choice of nationality for the child. In case a parent chooses a foreign nationality for their children, in addition to the written agreement on nationality selection, there must also be a certification from the competent authority of the country where the child is chosen to be a nationality that the child has a nationality in accordance with the laws of that country.

3. Procedure for making a birth certificate in 2023

- Persons requesting birth registration shall submit dossiers to competent commune-level People's Committees.

- The recipient is responsible for immediately checking the entire dossier, comparing the information in the declaration and the validity of the documents in the dossier submitted and presented by the requester.

+ If the dossier is complete and valid, the dossier recipient shall write a receipt letter, clearly stating the date and time of returning the results;

+ If the dossier is incomplete and complete, guide the applicant to supplement and complete the dossier according to regulations; In case it is not possible to supplement or complete the dossier immediately, a written instruction must be made, clearly stating the type of papers and contents to be supplemented, completed, signed, clearly stating the full name, middle letter and name of the recipient.

- Immediately after receiving all prescribed documents, if the birth information is complete and appropriate, the judicial-civil servant shall report it to the Chairman of the commune-level People's Committee.

In case the Chairman of the commune-level People's Committee agrees to settle, the judicial-civil servant shall update the birth information according to the instructions to obtain the Personal Identification Number, record the birth certificate contents in the Birth Register, instruct the birth registrant to check the contents of the Birth Certificate and the Birth Register, and the person who goes to register the birth to sign the Book.

The Chairman of the commune-level People's Committee shall sign 01 original copy of the birth certificate issued to the person whose birth is registered, and the number of copies of the birth certificate shall be issued upon request.

Source: thuvienphapluat.vn