It can be said that a birth certificate is one of the most important documents of a person since birth. It is also very important to make a birth certificate (birth registration) for a child because without a birth certificate, the child will not be able to go to school. The following article will answer questions about what is a birth certificate and the procedure for making a birth certificate according to the law. Invite readers to refer to Thoidaihaitac.vn palace. Procedure for making a birth certificate
Is it illegal to make fake birth certificates?
- 1. What is a birth certificate?
- 2. Is it okay to make fake birth certificates?
- 3. Procedures for making a birth certificate
- 3. Online birth registration
- 4. What documents do you need to make a birth certificate?
- 4.1. An application for a birth certificate in the absence of foreign elements includes:
- 4.2. A dossier for making a birth certificate in case of foreign elements includes:
- 5. Can I get a birth certificate for my child without a divorce?
1. What is a birth certificate?
Pursuant to Clause 6, Article 4 of the Law on civil status 2014 stipulates:
6. Birth certificate means a document issued by a competent state agency to an individual upon birth registration; The content of the birth certificate includes basic information about the individual as prescribed in Clause 1, Article 14 of this Law.
Article 6 of Decree 123/2015/ND-CP also stipulates:
1. Birth certificate is the original civil status document of an individual.
2. All dossiers and papers of individuals with contents about the family name, middle name and first name; date of birth; sex; ethnic; nationality; home town; parent-child relationship must be consistent with that person’s birth certificate.
3. In case the contents of the personal dossier or papers are different from those in that person’s birth certificate, the head of the agency or organization managing the dossier or issuing the papers is responsible for adjusting the dossier and papers. sheet according to the contents of the Birth Certificate.
In short, a birth certificate is an individual’s original civil status document, recording all important information such as: full name, date of birth, hometown, parent-child relationship. This can be said to be the most important document of a citizen since birth.
2. Is it okay to make fake birth certificates?
According to Clause 1, Article 12 of the Law on Civil Status 2014, the prohibited acts are as follows:
1. Individuals are strictly prohibited from performing the following acts:
a) Providing untruthful information and documents; making or using fake papers or papers of other people for civil status registration;
b) Threatening, coercing or obstructing the exercise of civil status registration rights and obligations;
c) Illegal interference in civil status registration activities;
d) Undertaking or testifying untruthfully for civil status registration;
dd) Forging, correcting or falsifying civil status papers or information in the civil status database;
……………..
Thus, forging a birth certificate is an illegal act, violating the provisions of Point dd, Clause 1, Article 12 of the Law on Civil Status.
Consequences of the act of making fake birth certificates, depending on the nature and seriousness of the violations, may be administratively handled or examined for penal liability in accordance with law (according to Clause 3, Article 12 of the Law on Civil Status). ).
Pursuant to Clause 2, Article 37 of Decree No. 82/2020/ND-CP on violations of regulations on birth registration:
2. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for one of the following acts:
a) Undertaking, falsely testifying about the birth;
b) Providing untruthful information and documents about birth registration contents;
c) Using other people’s papers to carry out birth registration procedures.
Thus, handling administrative violations for forging birth certificates can be fined from 3 to 5 million VND.
According to Article 341 of the Penal Code 2015 (SBS 2017) stipulates as follows:
1. Those who forge seals, documents or other papers of agencies or organizations or use fake seals, documents or papers to commit illegal acts shall be subject to a fine of from VND 30,000,000 up to VND 100,000,000, a non-custodial reform for up to 3 years or a prison term of between 6 months and 2 years.
2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between 02 and 05 years of imprisonment:
a) Organized;
b) Committing the crime twice or more;
c) Make from 02 to 05 seals, documents or other papers;
d) Using seals, documents or other papers to commit less serious crimes or serious crimes;
dd) Gaining illicit profits from 10,000,000 VND to under 50,000,000 VND;
e) Dangerous recidivism.
3. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between 03 and 07 years of imprisonment:
a) Making 06 or more seals, documents or other papers;
b) Using seals, documents or other papers to commit a very serious crime or a particularly serious crime;
c) Gaining illegal profits of VND 50,000,000 or more.
4. The offenders may also be subject to a fine of between VND 5,000,000 and 50,000,000.
In addition, people who fake birth certificates, depending on the severity of the case, may also be prosecuted for criminal liability.
3. Procedures for making a birth certificate
The responsible person (father, mother; grandparent or other relative; individual or organization that is raising the child) will make a birth certificate for the child at the commune-level People’s Committee of the place where the father or mother resides. Article 13 of the Law on Civil Status 2014).
According to Article 11 of the Law on Residence 2020, a citizen’s place of residence includes a place of permanent residence and a place of temporary residence. In case the place of permanent or temporary residence cannot be determined, the citizen’s place of residence is the current place of residence determined according to the provisions of Clause 1, Article 19 of the Law on Residence 2020.
In case of making a birth certificate for a child with foreign elements, it must be done at the district-level People’s Committee of the place where the father or mother resides (Clause 2, Article 7 of the Law on Civil Status 2014).
Birth registration with foreign elements in one of the following cases:
- Children whose father or mother is a foreigner or stateless person.
- Children whose parents are foreigners, who are stateless, but were born in Vietnam.
In case of making a birth certificate for a child born in Vietnam whose father or mother 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. In the south, it is carried out at the commune-level People’s Committee where the father or mother is a Vietnamese citizen permanently residing adjacent to the equivalent administrative unit at the commune level of Vietnam where the mother or father is a resident of a neighboring country. Point d, Clause 1, Article 7 of the 2014 Law on Civil Status, Clause 1, Article 17 of Decree 123/2015/ND-CP).
In case, the child is a Vietnamese citizen residing abroad, the birth certificate must be made at the representative agency (Clause 3, Article 7 of the Law on Civil Status 2014, Article 2 of Joint Circular 02/2016/TTLT-BNG-BTP). .
Please refer to the article Procedures for making the latest birth certificate 2022
3. Online birth registration
Currently, there are 3 main types of online birth registration portals:
- National Public Service Portal (CDVCQG) managed by the Government Office: dichvucong.gov.vn
- Online civil status registration system under the Ministry of Justice: hotichtructuyen.moj.gov.vn
- Local online public service portal, for example:
In Hanoi: https://dichvucong.hanoi.gov.vn/
In Ho Chi Minh City: https://dichvucong.hochiminhcity.gov.vn/
For online birth registration, the time to process the application is right on the day of receiving the request, in case the application is received after 15 hours and cannot be resolved immediately, the result will be returned in the next working day.
For the case of birth registration not on time: the fee to be paid shall be prescribed by the People’s Council of the province.
In the case of on-time birth registration, a member of the family has contributed to the revolution; people from poor households; Persons with disabilities are exempt from fees.
4. What documents do you need to make a birth certificate?
Depending on whether the birth certificate is weak or not, the application will be different, specifically:
4.1. An application for a birth certificate in the absence of foreign elements includes:
Documents to be presented:
- Passport, people’s identity card, citizen identification card or other papers with photo and personal information of the person applying for birth certificate issued by a competent authority, still valid for use to prove the identity of the applicant. personal identity (Clause 1, Article 2 of Decree 123/2015/ND-CP).
- The document proving the applicant’s place of residence is the birth certificate to prove the authority to register the birth.
- If the child’s parents have registered their marriage, they must present a marriage certificate.
– Documents to be submitted:
- Declaration according to the form issued together with Circular 04/2020/TT-BTP.
- Birth certificate. If the birth certificate is not available, the witness’s document certifying the birth shall be submitted; if there is no witness, there must be a certificate of birth (Clause 2, Article 16 of the Law on Civil Status 2014).
4.2. A dossier for making a birth certificate in case of foreign elements includes:
Documents to be presented:
- Passport, people’s identity card, citizen identification card or other papers with photo and personal information of the person requesting the birth certificate issued by a competent authority, still valid for use to prove the identity of the applicant. personal identity (Clause 1, Article 2 of Decree 123/2015/ND-CP).
- Papers proving the place of residence of the person requesting a birth certificate to prove the authority to register birth.
- If the child’s parents have registered their marriage, they must present a marriage certificate.
- In case a child is born abroad, has a parent who is a Vietnamese citizen, or a father and mother are both Vietnamese citizens, whose birth has not yet been registered in a foreign country, and come to reside in Vietnam, the a document proving that the child has lawfully entered Vietnam (such as a passport, international travel documents with an entry stamp of the immigration authority) and a written confirmation of the competent police agency about the children residing in Vietnam.
– Documents to be submitted:
- Birth registration declaration form according to the form issued together with Circular 04/2020/TT-BTP.
- Birth certificate.
- If the birth certificate is not available, the witness’s document certifying the birth shall be submitted; if there is no document of the witness, there must be a certificate of birth.
- In case the child is born in a foreign country, the birth certificate or other paper issued by a foreign competent authority certifying the child’s birth abroad and the mother-child relationship (if any).
- In case the father or mother or both parents are foreigners, the written agreement of the parents on the selection of nationality for the child must be submitted. In case a parent chooses a foreign nationality for their child, in addition to the written agreement on nationality selection, there must also be a certification by the competent authority of the country where the child is selected to hold the nationality of the child’s nationality. accordance with the laws of that country.
5. Can I get a birth certificate for my child without a divorce?
Pursuant to Article 15 of Decree 123/2015/ND-CP stipulating birth registration for children whose parents cannot be identified
1. The People’s Committee of the commune where the child is residing shall register the birth of a child whose father or mother cannot be identified.
2. In case the father cannot be identified, when registering for birth the child’s surname, ethnicity, hometown, nationality shall be determined according to the mother’s family name, ethnicity, hometown, and nationality; the section about the father in the child’s civil status book and birth certificate is left blank.
Thus, if you are not divorced but have children with other people, you can completely get a birth certificate for your child. Procedures and documents required by law.
The above article has answered in detail the questions about what is without a birth certificate and how to apply for a birth certificate, please refer to the related articles at What is it?, Civil, Legal FAQ and Legal Dissemination of Thoidaihaitac.vn.
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- Electronic birth certificate form 2022
