Rectificationof civil status in case that information on birth certificate is not correct.
(Chinhphu.vn) –Ms. Pham Thi Hong Lan's cousin (in Quang Ninh Province) is a Vietnamese but she has been settling in Germany for more than 45 years, has a German nationality, renounced Vietnamese Nationality. On the birth certificate of her cousin, her father's name was incorrectly recorded. Ms. Lan would like to ask, her cousin wants to correct the information about her father's name on her birth certificate, is it possible? If yes, how are procedures?
Regarding this issue, The Department of Justice in Quang Ninh Province responds as follows:
Under current regulations, civil status issues are stipulated in the Law on Civil Status in 2014 and guiding documents. Accordingly, Clause 2, Article 4 of the Law on Civil Status stipulates: "The rectification of civil status is the change of the civil status information of the competent authority in case of civil status registration error."
Clause 2 Article 7 Decree No. 123/2015 / ND-CP dated November 15, 2015 of the Government detailing a number of articles and measures to implement the Law on Civil Status has stipulates: " Civil status correction prescribed in the Law on civil status means correction of personal information in vital records or originals of civil status documents which have been carried out only when there are substantial grounds to prove presence of mistakes at the civil status official’s faults or at the applicant’s faults.
Thus, the birth certificate if there are enough grounds to determine whether there are mistakes at the civil status official’s faults or at the applicant’s faults to be rectified according to regulations.
According to the information she provided, at present, citizensare residing in Germany, have German citizenship and renounce Vietnamese citizenship. Pursuant to Clause 1, Article 46 of the Law on Civil Status with foreigners, the authority to implement rectification belongs to the People's Committee of the district where the previous civil status registration was issued, she can bring relevantrectification documents to the district People's Committee where the previous civil status registration was issued for specific instructions.
By: Online Newspaper of the Government / Translator: HaiYen-Bizic
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