Guide to Birth Re-registration with a Foreign Element

The procedure for birth re-registration with a foreign element in Vietnam is a crucial civil status process. It secures an individual’s personal rights when the original Birth Certificate and the master Civil Status Book have been lost. The following analysis from Long Phan Consulting Company details the specific regulations governing this procedure.

Conditions for Birth Re-registration

As stipulated in Article 24 of Decree 123/2015/ND-CP, an applicant may proceed with a birth re-registration with a foreign element if the following conditions are met:

• The birth was officially registered at a competent Vietnamese authority before January 1, 2016, but both the Civil Status Book and the original birth certificate are lost.
• The applicant for re-registration must be alive at the time the dossier is received.
• The applicant is responsible for submitting complete copies of all papers and documents related to the re-registration content.

Competent Authority

According to Article 4 of Decree 120/2025/ND-CP and Article 25 of Decree 123/2015/ND-CP, the authority to handle birth re-registration is assigned as follows:

• The procedure falls under the jurisdiction of the Justice Division of the commune-level People’s Committee where the birth was previously registered or where the applicant currently resides.

Dossier Components and Submission Methods

To successfully complete the birth re-registration with a foreign element, the applicant must prepare a complete dossier.

Dossier Components

Based on Article 26 of Decree 123/2015/ND-CP and Article 9 of Circular 04/2020/TT-BTP, the dossier includes:

• Application Form: A prescribed application form containing a sworn statement from the applicant confirming the previous birth registration and the loss of the original certificate.
• Supporting Documents: Copies of any available records, papers, or other documents that contain information related to the applicant’s birth details. These may include:
  • A valid copy of a Birth Certificate previously issued by a competent Vietnamese authority.
  • An original or copy of a document substituting a Birth Certificate issued before 1945 in Northern Vietnam or before 1975 in Southern Vietnam.
• Alternative Documents: If the above are unavailable, the following valid documents issued by Vietnamese authorities can establish the birth details:
  • People’s Identity Card, Citizen Identity Card, or Passport.
  • Documents proving place of residence.
  • Diplomas, certificates, academic transcripts, or educational records.
  • Other official documents containing the individual’s full name and date of birth.
• For Public Servants/Armed Forces: In addition to the above, a confirmation letter from the head of the applicant’s managing agency or unit is required, verifying that the birth details match official records.
• Power of Attorney: A legally compliant power of attorney is required if the applicant authorizes another person to act on their behalf.

Applicants must also present the following for verification:

• A valid Passport, ID Card, Citizen Identity Card, or other photo identification document.
• If submitting by post, certified copies of these documents must be included.

>>> CLICK TO DOWNLOAD:

• BIRTH RE-REGISTRATION APPLICATION FORM
• INTERACTIVE ELECTRONIC CIVIL STATUS FORM FOR BIRTH RE-REGISTRATION

Submission Methods

Applicants can submit their dossier through one of the following methods:

• In-person: Directly at the competent civil status registration office.
• By post: Through the public postal service.
• Online: Via the National Public Service Portal.

>>> See more at: Guide: Foreign Child Registration in Vietnam

Procedure for Birth Re-registration with a Foreign Element

Step-by-Step Procedure

The procedure is outlined in Article 26 of Decree 123/2015/ND-CP.

• Step 1: Dossier Submission The applicant submits the dossier and pays any applicable fees, either in person at the Public Administration Service Center or online through the National Public Service Portal.
• Step 2: Dossier Check and Reception An officer verifies the completeness and validity of the dossier. If complete, the officer issues an appointment slip for result collection. If incomplete, the applicant is notified to provide the missing documents.
• Step 3: Dossier Verification A civil status officer appraises the dossier. If verification is needed, the officer may send a written request to the previous place of registration to confirm the status of the Civil Status Book. If the parent-child relationship cannot be proven by the submitted documents, a request for verification may be sent to the competent police authority. If the police confirm no information is available, the applicant will make a sworn statement regarding the parents’ information. Once verification confirms the Civil Status Book is lost (or after 20 days with no response), the officer records the information in the new Civil Status Book and updates the electronic civil status management system.
• Step 4: Return of Results The civil status officer prints the new Birth Certificate, has it signed by the leadership of the commune-level People’s Committee, and forwards it to the Public Administration Service Center to be returned to the applicant.

Processing Time

The standard processing time is 05 days. If verification is required, the timeframe is extended to a maximum of 25 days.

>>> See more at: Instructions for applying for marriage registration with foreigners

Fees and Charges

• The specific re-registration fee is determined by the provincial-level People’s Council.
• Fee exemptions are granted to families of revolutionaries, poor households, and persons with disabilities.
• The fee for issuing a copy of the Birth Certificate is regulated by Circular 281/2016/TT-BTC.

Consulting and Authorization Services

Long Phan Consulting Company provides comprehensive services for the birth re-registration with a foreign element procedure. Our services include:

• Advising on all necessary conditions and requirements.
• Assisting with the preparation and compilation of the dossier.
• Providing detailed guidance on the entire re-registration process.
• Reviewing the legal validity of all documents before submission.
• Drafting and preparing all necessary application forms and statements.
• Acting as the authorized representative to submit the dossier and monitor its progress.
• Receiving the final results and delivering them to the client.

With a dedicated team, Long Phan Consulting Company ensures your birth re-registration with a foreign element is completed efficiently and in full compliance with the law.

Frequently Asked Questions

What if the applicant’s documents do not prove the parent-child relationship?

The civil registration authority will request verification from the competent police agency. If the police have no information, the applicant will be allowed to make a sworn statement about their parents’ information, and the birth content will be determined based on this statement. Legal basis: Clause 4, Article 9 of Circular 04/2020/TT-BTP.

What is the legal value of a Birth Certificate?

A Birth Certificate is the original civil status document of an individual. All other personal records must be consistent with the Birth Certificate. If there are discrepancies, the managing authority of those records is responsible for correcting them to match the Birth Certificate. Legal basis: Article 6 of Decree 123/2015/ND-CP.

Can an applicant authorize another person to carry out the procedure?

Yes. The applicant can perform the procedure directly or authorize another person to do so via a power of attorney.

Can this procedure be completed online?

Yes. Applicants can complete the birth re-registration with a foreign element procedure online through the official public service portals.

What documents does the applicant receive upon completion?

The applicant receives a new Birth Certificate, copies of the certificate (if requested), and an electronic version of the Birth Certificate.

Conclusion

The procedure for birth re-registration with a foreign element in Vietnam is governed by strict legal regulations. Understanding the conditions, authority, dossier, and process helps applicants avoid errors and delays. For detailed consultation and professional assistance to ensure your procedure is handled quickly and correctly, please contact Long Phan Consulting Company via our hotline: 1900636389.