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

Mr. Ho Trong Xam, resident of hamlet 8, Dien Truong commune, Dien Chau district asked:

According to the law, how many days must a birth or death registration be carried out? If the time limit is exceeded, how much will the fine be?

Reply:

First, legal regulations on 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 father and mother are responsible for registering the birth of their child; if the father and mother cannot register the birth, the grandparents or other relatives shall register the birth of the child”. Thus, the time limit prescribed by law for birth registration is 60 days from the date of birth of the child.

Regarding the sanctioning of violations of regulations on birth registration, it is stipulated in Article 27, Decree No. 110/2013/ND-CP. Accordingly:

1.Warning for the person responsible for registering the birth of a child who does not register within the prescribed time limit.

2.Warning or fine from 300,000 VND to 500,000 VND for acts of correcting, erasing, or falsifying the content of documents issued by competent agencies or organizations for birth registration procedures.

3.A fine of between VND 1,000,000 and VND 3,000,000 shall be imposed for one of the following acts:

a)False testimony about birth;

b)Intentionally declaring false information about birth certificate;

c)Using fake documents to register birth.

4.Fines from VND 3,000,000 to VND 5,000,000 for the act of falsifying documents to carry out birth registration procedures".

Based on this regulation, if the father, mother or responsible person fails to register the birth of the child within the time limit prescribed by law, he/she will be given a warning. In addition, depending on each specific case, the responsible person will be subject to administrative sanctions according to the above regulations.

Second, legal regulations on death certificate:

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

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

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

Thus, according to this regulation, the time limit for death registration is 15 days from the date of death.

The issue of sanctioning violations of death registration is regulated in Article 31, Decree No. 110/2013/ND-CP. Accordingly:

1.Warning or fine from 300,000 VND to 500,000 VND for acts of correcting, erasing, or falsifying the content of documents issued by competent agencies or organizations to carry out death registration procedures.

2.Fines from VND 1,000,000 to VND 3,000,000 shall be imposed for using fake documents or giving false testimony to others to carry out death registration procedures.

3.Fines from VND 3,000,000 to VND 5,000,000 for falsifying documents to carry out death registration procedures.

4.A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for one of the following acts:

a)Death registration for living people;

b)Intentionally not registering the death of a deceased person for personal gain.

Law Office of Trong Hai and Associates