Identify the name of a person without a birth certificate

(Baonghean) - Question: My parents want to re-issue their marriage certificate and have gone to the ward People's Committee - where they registered to re-issue it, but my father's name on the marriage certificate and on his ID card do not match. Currently, my father no longer has his birth certificate, so there is no basis to change his name accordingly. So what should I do to verify my father's name? (Nguyen Thi Ha - Yen Thanh)

Reply:

According to Clause 2, Article 5, Decree No. 158/2005/ND-CP dated December 27, 2005 of the Government on registration and management of household registration, it is clearly stated that: Birth certificate is the original household registration document of each individual. All records and documents of an individual containing the contents of the surname, given name, middle name; date of birth; gender; ethnicity; nationality; hometown; relationship between father, mother and child must be consistent with the birth certificate of that person. Therefore, when your father's name on the marriage registration certificate and the identity card are different, it is necessary to determine the correct name according to your father's birth certificate. If your father has lost his birth certificate, depending on each case, your father can apply for a reissue of the original birth certificate or carry out the procedure for re-registration of birth according to the instructions in Decree No. 158/2005/ND-CP. Specifically as follows:

* In case of requesting re-issuance of original Birth Certificate:

Clause 1, Article 62, Decree No. 158/2005/ND-CP states: In case the original Birth Certificate is lost, damaged or has too many notes due to changes, corrections to the civil status, re-identification of ethnicity, re-identification of gender, additions to the civil status or adjustments to the civil status that the Birth Registration Book still stores, the original Birth Certificate will be reissued.

Accordingly, your father can go to the District People's Committee, where the Birth Registration Book is kept, to request a reissue of the original Birth Certificate; if the Birth Registration Book is still kept here, the registration officer will carry out the procedure to issue the original Birth Certificate to your father according to the procedures guided in Article 63, Decree No. 158/2005/ND-CP and Decree No. 06/2012/ND-CP of the Government: Amending and supplementing a number of articles of Sections 1,2, Article 63, Decree on civil status, marriage and family and authentication.

* In case of re-registration of birth:

If both the original Birth Certificate and the Family Register are lost or damaged and cannot be used, your father can re-register the birth (according to Article 46, Decree No. 158/2005/ND-CP). Your father can go to the People's Committee of the commune where your father resides or where the birth was previously registered to re-register. The re-registration procedure is carried out according to the instructions in Article 48, Decree No. 158/2005/ND-CP, specifically as follows:

- Your father must submit the Declaration (according to the prescribed form).

In case of re-registration at the People's Committee at the commune level, not the place where your father previously registered his household registration, the Declaration must have confirmation from the People's Committee at the commune level, where the household registration was registered, about the registration; except in cases where the person concerned can present a copy of the previously valid household registration papers.

- Upon receiving valid documents, the civil status officer will proceed with the procedure to issue the original "Re-Registration" birth certificate for your father.

Regarding determining your father's name when there is no longer an original or a copy of the previously issued birth certificate: If personal records and documents such as: Household registration book, ID card, school records, graduation certificate, cadre history, party member history, in which those records and documents have consistency in the last name, first name, middle name; date of birth; ethnicity; nationality; hometown, then register according to that content. In case the last name, first name, middle name; date of birth; ethnicity; nationality; hometown in the above records and documents of that person are not consistent, then register according to the records and documents that were created first.

TN (Synthesis)