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Birth Registration
Vietnam
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Vietnam
Birth Registration
Procedure and Certificates
Procedure and Certificates
Place
Where must births be reported?
Place of residence of either parent
Recommended Practice based on International Guidelines
Registration may be place of occurrence of place of residence. The civil registration law should clearly state the place where births must be reported. Reporting in the place of occurrence usually makes the registration process faster and easier for the informant. The determination of the place of usual residence may be in fact complicated for some people who have more than one residence or often move. In addition, reporting at place of occurrence facilitates declaration or notification by a health facility.
Countries with electronic systems for civil registration may allow more flexibility and allow reporting from anywhere the civil registration system can be accessed.
What are the reporting periods for birth registration specified in law?
60 days
Recommended Practice based on International Guidelines
A clear deadline for reporting a birth, especially a short one, reduces the risk of misreporting or underreporting. The deadline is typically between 14 and 30 days.
A late birth registration occurs when a birth is reported after the legally specified time period, but within a grace period, usually one year after the vital event.
Delayed birth registration is the registration that occurs after the grace period has expired. Delayed birth registration may occur many years after the event, and may require additional evidence.
Are there any fees or fine for late or delayed birth registration?
No
Recommended Practice based on International Guidelines
Fees are not effective in preventing late or delayed registration and may act as a disincentive for registration. If fees are charged for delayed or late registration, policymakers should consider having a fee-waiver process for those for whom fees are a hardship. More effective results to increase registration rates are observed through educational programmes aimed at the public. Some countries have opted to impose a penalty for failure to register or, more precisely, refusal to register, rather than impose a fee for late registration.
There is no punitive fine for late or delayed birth registrations. However, a very small fee may apply for administrative purposes where the registration process was not initiated until years later. Vietnam's approach is largely in line with best practices and does not create barriers like high fees which will inadvertently discourage late registrants.
Law Source
Information
What is the minimum information required for birth registration?
Minimum information required goes beyond UN guidance and registrar has no discretion to register without all required information
Recommended Practice based on International Guidelines
The information required for legal purposes is minimal, and usually consists of: given name; surname; date of birth; birthplace; sex; and names of both the parents. It is preferable that information on both parents is provided but registration should not be denied if the mother cannot or will not name the father. Registrars should be authorized to complete registration with the available information to strive for universal registration. Failure to provide statistical data elements such as the weight of the child, should also not prevent birth registration.
The minimum information required to register birth includes details of the child and the parents. Child's information includes their full name, date of birth, place of birth, sex, ethnicity, nationality, native place and personal identification number of the child assigned at registration. The parents' information includes full name, year of birth, ethnicity, nationality and place of birth of the father and mother
What evidence is required for on-time birth registration?
Declaration Form, Birth certification paper, witness statement, written affidavit or pledge
Recommended Practice based on International Guidelines
Registrars should require proof as to the veracity of the information to be registered. Proof or evidence required for registration must be sufficiently stringent to provide assurance of the accuracy of the information without being so burdensome so burdensome as to discourage or prevent registration. Documentary evidence is always preferred. For birth registration, the most common form of documentary evidence is the notification of birth (from health sector or local leader), but if this is not available, testimony or affidavits of witnesses may be substituted.
To register a birth, a birth declaration made according to the designated form and the "birth certification paper" or a document issued at the place of birth must be given as evidence. In the absence of this document, a witness statment certifying the birth must be submitted. If there is no witness, then a written affidavit or pledge about the birth circumstances will suffice.
Are there additional or alternative documents required for late or delayed birth registration?
No
Recommended Practice based on International Guidelines
While late and delayed reporting should be discouraged, the procedures should not be so restrictive as to prevent late and delayed reporting of events. Laws that require a court order for late or delayed registration present a significant barrier to registration. For late registration (within 1-year grace period), the provision of a notification of birth, or other evidence required for on-time registration, should be sufficient. For delayed registration (after 1 year), the law may require additional evidence such as a witness statement.
The law does not indicate whether or not addtional documents are required to complete a late or delayed birth registration.
Law Source
Incomplete Records, Amendments, and Corrections
Does the registrar (local or other level) have the authority to correct minor errors (such as data entry errors and typographical errors)? If yes, are such changes free of charge?
Other (local registrar can make corrections but law does not discuss fee)
Recommended Practice based on International Guidelines
The civil registration agency should have authority to correct errors such as obvious spelling, date or typographical errors.Providing the registration agency with authority to make these types of corrections relieves the applicant of having to spend time and money applying to courts. No fee should be charged for minor clerical errors.
Does the registrar (local or other level) have the power to add omitted information (such as name of baby, in the case of late naming, and paternity information)? If yes, are such changes free of charge?
Other (local registrar can make changes but law does not discuss fee)
Recommended Practice based on International Guidelines
The civil registration agency should have authority to add information omitted in the original record, such as the late addition of a baby name within the time frame for late naming, or adding uncontested paternity information. Providing the registration agency with authority to make these types of amendments elieves the applicant of having to spend time and money applying to courts. No fee should be charged for adding omitted information
The law spells out the procedure for making changes to the names of parents, and individuals in birth registration contents but does not indicate whether there is a fee or not.
Is the original birth certificate provided free of charge?
Yes
Recommended Practice based on International Guidelines
Legislation should require the registrar, upon completion of registration, to issue an original birth certificate to the parents of the child free of charge. Ideally, the local registrar has the power to issue a birth certificate, as this will shorten the time frame for certificate issuance.
Except for the birth certificate issued at the time of registration, all extracts of the civil status register, including births, are subject to a fee. This fee is to be determined by the Ministry of Finance, under Article 11(2) of the Civil Status Law.
