THE MINISTRY OF HEALTH _________ No. 22/2025/TT-BYT | THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ____________________ Hanoi, June 28, 2025 |
CIRCULAR
On issuance and use of birth certification papers
Pursuant to the Government’s Decree No. 123/2015/ND-CP dated November 15, 2015, detailing a number of articles of, and measures to implement, the Law on Civil Status;
Pursuant to the Government's Decree No. 42/2025/ND-CP dated February 27, 2025, defining the functions, tasks, powers and organizational structure of the Ministry of Health;
At the proposal of the Director of the Agency for Maternal and Child Health;
The Minister of Health hereby promulgates the Circular on issuance and use of birth certification papers.
Article 1. Scope of regulation
This Circular provides forms, competence and procedures for issuance and re-issuance of birth certification papers.
Article 2. Competence to issuance and re-issuance of birth certification papers
Medical examination and treatment establishments that are granted operating licenses as prescribed by law.
Article 3. Issuance of birth certification papers
1. In case the child is born at a medical examination and treatment establishment:
The medical examination and treatment establishment where the child is born shall issue a birth certification paper using Form No. 01 in Appendix I to this Circular for the child prior to the child's discharge from the establishment or earlier upon request by the child’s relatives.
2. In case the child is born outside a medical examination and treatment establishment but is delivered by a medical practitioner, a village health staff, or a village midwife (hereinafter referred to as birth attendant):
a) Within 30 days from the time the child is born alive, the child's relatives shall submit a declaration for issuance of a birth certification paper using the form specified in Appendix II to this Circular to the medical examination and treatment establishment managing the birth attendant and present a valid identity document containing the personal identification number or the passport of the mother who gave birth to the child for verification purposes;
b) Within 05 working days from the date of receipt of the declaration for issuance of a birth certification paper, the medical examination and treatment establishment shall verify the information on the birth attendant, the mother who gave birth to the child, and the newborn child and shall issue the birth certification paper for the child. In case the information cannot be verified or is inaccurate, the birth certification paper shall not be issued.
3. In case where the child is born as a result of gestational surrogacy:
a) If the child is born at the medical examination and treatment establishment that performed the gestational surrogacy technique for the person who gave birth to the child: The medical examination and treatment establishment shall issue a birth certification paper using Form No. 02 in Appendix I to this Circular for the child prior to the child's discharge from the establishment or earlier upon request by the child’s relatives.
b) If the child is born at the medical examination and treatment establishment other than that performed the gestational surrogacy technique for the person who gave birth to the child: The gestational surrogacy-requesting person or the surrogate shall submit to the medical examination and treatment establishment where the child is born the certification of the performance of altruistic gestational surrogacy issued by the medical examination and treatment establishment that performed the surrogacy technique, in accordance with the form provided in Appendix IV to this Circular, and present a valid identity document containing the personal identification number or the passport of the mother who gave birth to the child for verification purposes.
Within 03 working days from the date of receipt of the certification of the performance of altruistic gestational surrogacy, the medical examination and treatment establishment where the child is born shall issue the birth certification paper using Form No. 02 specified in Appendix I to this Circular.
4. In case where the child is born alive at a medical examination and treatment establishment and dies before being discharged, the medical examination and treatment establishment shall issue the birth certification paper for the child using the form specified in Appendix I to this Circular, and subsequently issue a death notice.
5. The birth certification paper shall be made in 02 copies with equal legal validity, of which 01 copy shall be given to the child’s relatives and 01 copy shall be retained at the medical examination and treatment establishment. In case of twins or multiple births, each living child shall be issued a separate birth certification paper with a distinct code.
Article 4. Re-issuance of birth certification papers
1. Cases eligible for re-issuance of birth certification papers: Birth certification papers that have been issued containing errors, missing information; or that are lost, torn, or damaged.
2. A dossier for re-issuance of a birth certification paper shall comprise the following documents:
a) A declaration for re-issuance of a birth certification paper using the form specified in Appendix III to this Circular;
b) The original birth certification paper already issued (except in case of re-issuance due to loss);
c) Documents evidencing the content related to the error or missing information in case of re-issuance due to such error or omission.
3. Procedures for re-issuance of birth certification papers:
a) The mother who gave birth to the child shall directly submit the dossier for re-issuance of a birth certification paper as prescribed in Clause 2 of this Article to the medical examination and treatment establishment that issued the original birth certification paper, and shall present a valid identity document containing her personal identification number or passport for verification. In case the applicant is not the mother who gave birth to the child, a valid power of attorney must be presented.
b) Within 03 working days from the date of receipt of a valid dossier, the medical examination and treatment establishment shall re-issue the birth certification paper. In case the mother's information cannot be verified or is inaccurate, the birth certification paper shall not be re-issued.
c) The serial number of the re-issued birth certification paper must be the same as that of the previously issued paper. The re-issued birth certification paper shall be retained at the medical examination and treatment establishment together with the dossier for re-issuance.
Article 5. Implementation provisions
1. This Circular takes effect from October 1, 2025.
2. The following documents cease to be effective from the effective date of this Circular:
a) The Ministry of Health's Circular No. 17/2012/TT-BYT dated October 24, 2012, providing for the issuance and use of birth certification papers;
b) The Minister of Health's Circular No. 34/2015/TT-BYT dated October 27, 2015, amending and supplementing Article 2 of the Ministry of Health's Circular No. 17/2012/TT-BYT dated October 24, 2012, providing for the issuance and use of birth certification papers;
c) The Minister of Health's Circular No. 27/2019/TT-BYT dated September 27, 2019, amending and supplementing a number of articles of the Ministry of Health's Circular No. 17/2012/TT-BYT dated October 24, 2012, providing for the issuance and use of birth certification papers.
Article 6. Transitional provisions
1. For children born before the effective date of this Circular, the issuance of birth certification papers shall comply with the provisions of Appendix 5 to the Minister of Health's Circular No. 56/2017/TT-BYT dated December 29, 2017, detailing the implementation of the Law on Social Insurance and the Law on Occupational Safety and Health in the health sector, or Appendix 01a to the Minister of Health's Circular No. 34/2015/TT-BYT dated October 27, 2015, amending and supplementing Article 2 of the Minister of Health’s Circular No. 17/2012/TT-BYT dated October 24, 2012, providing for the issuance and use of birth certification papers.
2. In case of re-issuance of birth certification papers for children born before the effective date of this Circular, the re-issuance shall be carried out using the form specified in Appendix I to this Circular.
Article 7. Implementation responsibility
1. Medical examination and treatment establishments shall be responsible for interconnecting the electronic data of the birth certification papers with the inter-agency public service software in accordance with the Government's Decree No. 63/2024/ND-CP dated June 10, 2024, prescribing online, inter-agency implementation of 02 groups of administrative procedures: birth registration, permanent residence registration, health insurance card issuance to children under 6 years; death registration, permanent residence deregistration, claim for funeral costs and survivor allowance.
The electronically interconnected data of the birth certification papers must fully include all information fields in accordance with the form of the birth certification paper specified in Appendix I to this Circular.
Information fields must be displayed in accordance with the output data formatting standards as prescribed by the Ministry of Health and must be duly electronically authenticated.
2. The Director of the Agency for Maternal and Child Health, the Director of the Department of Medical Services Administration, heads of units under and affiliated to the Ministry of Health, Directors of the Departments of Health of centrally-run cities and provinces, and relevant agencies, organizations, and individuals shall implement this Circular.
Any problems arising in the course of implementation should be reported to the Ministry of Health (the Agency for Maternal and Child Health) for instructions, or review and resolution./.
| FOR THE MINISTER THE DEPUTY MINISTER Nguyen Tri Thuc |