Thông tư 17/2012/TT-BYT

CIRCULAR

ON THE ISSUE AND USE OF BIRTH CERTIFÍCATES

Pursuant to the Government’s Decree No. 63/2012/NĐ-CP dated August 31^st 2012, defining the functions, tasks, powers and organizational structure of the Ministry of Health;

Pursuant to the Government's Decree No. 158/2005/ND-CP dated December 27^th 2005, on civil status registration and management;

Pursuant to the Government Decree No. 06/2012/ND-CP dated February 2^nd 2012, amending and supplementing a number of articles of the Decrees on civil status, marriage and family, and authentication;

At the proposal of the director of the Mother and Child Health Department;

The Minister of Health promulgates the Circular to provide the issue and use of birth certificates as follows:

Article 1. Scope of regulation

This Circular specifies the authority and procedures for issuing and reissuing birth certificates; printing and providing birth certificate forms, the method of making birth certificates, and reports on birth certificate issue statistics.

Article 2. Authority and procedures for issuing and reissuing birth certificates

1. Authority to issue and reissue birth certificates

a/ General hospitals having maternity wards; maternity hospitals and obstetric-pediatric hospitals;

b/  Antenatal clinics;

c/ Commune-level medical stations;

d/ Other lawful medical facility licensed to provide midwifery services.

2. Procedures for issuing birth certificates

a/ Before a newborn baby is discharged, the medical facility specified in Clause 1 of this Article shall write the information in the birth certificate form provided in Annex 1 enclosed with this Circular. The parents or relatives shall read and check information before signing. A birth certificate is made into 02 equivalent copies: 01 copy is given to his/her parents or relatives for carry out procedures for birth registration; 01 copy is kept at the medical facility.

b/ In case a baby is born at home or at another place other than a medical facility, his/her relatives shall fill the application for birth certificate according to the form provided in Annex 2 enclosed with this Circular, then submit it to the local medical station of the commune or ward in order to be issued with a birth certificate. Within 3 working days from the date on which the application is received, such medical station shall verify the birth and issue the birth certificate. The issue of a birth certificate must comply with Point a Clause 2 of this Article. Where verification is necessary, the time limit for verification is 5 working days.

3. Procedures for reissuing birth certificate

a/ When a mistake is made when filling the the birth certificate form, the parent or relative shall make an application for reissuing the birth certificate according to the form specified in Annex 3 enclosed with this Circular, and submit it together with papers evidencing incorrect contents to the medical facility that has previously granted the birth certificate. Within 2 working days from the date on which valid papers are received, the medical facility shall revoke the incorrect birth certificate for destruction. The application and evidencing papers shall be kept together with the old ones. The reissued birth certificate must specify the number of the old birth certificate and bear the “reissued” mark. Where verification is necessary, the time limit for verification is  3 working days.

Papers proving that information is incorrect: In case the incorrect content is the mothers or caretaker’s first or last name. year of birth, place of permanent residence registration, number of identity card or ethnic group, and a copy of her identity card must be enclosed with the original for comparison; in case the incorrect content is the temporary residence registration, written certification of the local police office on temporary residence must be enclosed.

b/ In case the birth certificate is lost or damaged, the child’s parents or relatives shall make and send the medical facility that issued the first birth certificate an application for reissuing the birth certificate according to the form specified in Annex 3 enclosed with this Circular, the birth and residence must be certified by the person in charge of the neighborhood. Within 2 working days from the date on which the application is received, the medical facility shall reissues the birth certificate similarly to the replacement of an incorrect birth certificate. Where verification is necessary, the time limit for verification is 3 working days

Article 3. Printing and providing birth certificate forms

1. Birth certificates are printed and bound into a book of A4 size (210 X 297 mm). Each page of the book is divided into 2 identical parts for recording information about an alive newborn baby. For medical facilities that use management software, birth certificates are not required to be bound into books, but they must be printed and issued in accordance with the set form in this Circular.

2. Provincial Services of Health shall make plans on printing and providing the birth certificate forms free of charge for medical stations of communes. Other medical facilities shall print birth certificate forms themselves.

Article 4. Method of filling in birth certificate

The birth certificate shall be made in accordance with the guidance in Annex 4 enclosed with this Circular.

Article 5. Statistical reports on data on granted birth certificates

1. Report on statistics on issued birth certificates include:

a/ Total number of alive newborn babies;

b/ Total number of alive newborn babies and issued with birth certificates;

c/ Difficulties and problems when making and issuing birth certificates.

2. The reporting on the contents specified at Clause l of this Article complies with the Minister of Health’s Decision No. 3440/QD-BYT of September 17, 2009, promulgating the system of health records and statistical report forms.

Article 6. Implementation provisions

This Circular takes effect on January 1^st 2013.

The birth certificate form shall be posted on the website of the Ministry of Health. Provincial Services of Health and medical facilities may enter the Ministry of Health’s website to download the form.

Any problem arising in the course of implementation which need explanation and guidance should be reported to the Ministry of Health (the Mother and Child Health Department) for settlement