How many days does it take to register a birth or death?

Mr. Ho Trong Xam, residing in Hamlet 8, Dien Truong Commune, Dien Chau District, asks:

According to the law, within what number of days is the registration of births and deaths processed? What is the penalty for exceeding this time limit?

Reply:

Firstly, legal regulations regarding birth registration:

Article 14 of Decree No. 158/2005/ND-CP on registration and management of civil status stipulates the time limit for birth registration and the responsibility for birth registration as follows: “Within 60 days from the date of birth, the parents are responsible for registering the birth of their child; if the parents cannot register the birth, then the grandparents or other relatives shall register the birth of the child.” Thus, the time limit stipulated by law for registering a child's birth is 60 days from the date of birth.

Regarding penalties for violations of regulations on birth registration, Article 27 of Decree No. 110/2013/ND-CP stipulates the following:

1.A warning will be issued to those responsible for registering the birth of children who fail to do so within the prescribed timeframe.

2.A warning or a fine ranging from 300,000 VND to 500,000 VND will be imposed for the act of altering, erasing, or falsifying the content of documents issued by competent agencies or organizations for the purpose of birth registration.

3.A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for any of the following acts:

a)Giving false testimony about the birth;

b)Deliberately providing false information on a birth certificate;

c)Using forged documents to register a birth.

4.A fine of 3,000,000 to 5,000,000 VND will be imposed for the act of forging documents to register a birth.

Based on this regulation, if parents or responsible persons fail to register a child's birth within the legally prescribed timeframe, they will be subject to a warning. Furthermore, depending on the specific circumstances, the responsible person may be subject to administrative penalties as stipulated above.

Secondly, legal regulations regarding death registration:

Article 20 of Decree No. 158/2005/ND-CP on registration and management of civil status stipulates the time limit for registering a death and the responsibilities for registering a death as follows:

1.The deadline for registering a death is 15 days from the date of death.

2.The deceased's relatives are responsible for registering the death; if the deceased has no relatives, then the homeowner or the person in charge of the agency, unit, or organization where the person resided or worked before death must register the death.

Therefore, according to this regulation, the deadline for registering a death is 15 days from the date of death.

The issue of penalties for violations related to death registration is regulated in Article 31 of Decree No. 110/2013/ND-CP. Accordingly:

1.A warning or a fine ranging from 300,000 VND to 500,000 VND will be imposed for the act of altering, erasing, or falsifying the content of documents issued by competent agencies or organizations for the purpose of registering a death.

2.A fine of VND 1,000,000 to VND 3,000,000 will be imposed for using forged documents or giving false testimony for others to register a death.

3.A fine of 3,000,000 to 5,000,000 VND will be imposed for the act of forging documents to register a death.

4.A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following acts:

a)Registering a death for a living person;

b)Intentionally failing to register a death for personal gain.

Trong Hai & Associates Law Office