Circular No. 22/2025/TT-BYT on issuance and use of live birth certificates

CIRCULAR

ISSUANCE AND USE OF LIVE BIRTH CERTIFICATES

Pursuant to the Government’s Decree No. 123/2015/ND-CP dated November 15, 2015 elaborating some Articles of the Law on Civil Status;

Pursuant to the Government’s Decree No. 42/2025/ND-CP dated February 27, 2025 on functions, duties, powers and organizational structure of the Ministry of Health;

At the request of the Director of Administration of Maternal and Children’s Affairs;

The Minister of Health promulgates Circular on issuance and use of live birth certificates.

Article 1. Scope

The Circular provides for forms, jurisdiction over and procedures for issuance and re-issuance of live birth certificates.

Article 2. Jurisdiction to issue and re-issue live birth certificates

Medical facilities licensed to operate as per law have the jurisdiction to issue and re-issue live birth certificates.

Article 3. Issuance of live birth certificates

1. In case a baby is born at a medical facility:

The medical facility where the baby is born shall issue a live birth certificate according to the form No. 01 specified in Appendix I issued together with this Circular to the baby before he/she is discharged from the medical facility or earlier at the request of the baby’s relatives.

2. In case a baby is born outside a medical facility but is delivered by a medical practitioner or a village or hamlet health worker or a village or hamlet midwife (hereinafter referred to as the “midwife”):

a) Within 30 days from the date on which the baby is born, his/her relatives shall submit an application for issuance of a live birth certificate as prescribed in the Appendix II issued together with this Circular to the medical facility that manages the midwife and present valid personal documents containing personal ID number or passport number of the mother for verification;

b) Within 05 working days from the date of receipt of the application, the medical facility shall verify information on the midwife, the mother and the baby and issue the live birth certificate.  If the information cannot be verified or is incorrect, the live birth certificate is not issued.

3. In case a baby is born by surrogacy at a medical facility:

a) The medical facility where surrogacy is conducted shall issue a live birth certificate according to the form No. 02 specified in Appendix I issued together with this Circular to the baby before he/she is discharged from the medical facility or earlier at the request of the baby’s relatives.

b) If the baby is born at the medical facility other than the facility where surrogacy is conducted, the surrogate mother and the intended parent(s) shall submit a written certification of altruistic surrogacy granted by the medical facility where surrogacy is conducted to the medical facility where the baby is born according to regulations in the Appendix IV enclosed with this Circular and present valid personal documents containing personal identification number or passport number of the mother for verification.

Within 03 working days from the date of receipt of the written certification of altruistic surrogacy, the medical facility where the baby is born shall issue a live birth certificate according to the form No. 02 in the Appendix I enclosed with this Circular.

4. If a baby is born at a medical facility and then dies before he/she is discharged from the facility, the medical facility shall issue a live birth certificate according to the form specified in the Appendix I enclosed with this Circular, and then issue a death notification.

5. A live birth certificate is made into 02 copies of the same validity. 01 copy is given to the child’s relatives and 01 copy is kept at the medical facility. In case of twins or more, each living baby is issued with a live birth certificate having a separate code.

Article 4. Re-issuance of live birth certificates

1. The live birth certificate shall be re-issued if it contains errors or insufficient information, or is lost or tore.

2. An application for re-issuance of the live birth certificate includes:

a) An application form for re-issuance as prescribed in the Appendix III enclosed with this Circular;

b) The issued live birth certificate (except for the case where the live birth certificate is lost);

c) Documents proving that the live birth certificate contains errors or insufficient information in case it contains errors or insufficient information.

3. Procedures for re-issuing the live birth certificate:

a) The mother shall submit, in person, the application for re-issuance of the live birth certificate according to regulations in clause 2 of this Article to the medical facility that has initially issued the live birth certificate and present her valid personal documents containing person ID number or passport number for verification.  b) If the applicant is not the mother, a valid written authorization is required.

b) Within 03 working days from the date of receipt of the valid application, the medical facility shall re-issue the live birth certificate.   If information on the mother cannot be verified or is incorrect, the live birth certificate is not re-issued.

c) The re-issued live birth certificate’s code must be the same as that of the old live birth certificate. The re-issued live birth certificate must be kept at the medical facility along with the application for re-issuance of the live birth certificate.

Article 5. Implementation clauses

1. This Circular comes into force from October 01, 2025.

2. The following Circulars cease to be effective from the effective date of this Circular:

a) The Circular No. 17/2012/TT-BYT dated October 24, 2012 of the Minister of Health;

b) The Circular No. 34/2015/TT-BYT dated October 27, 2015 of the Minister of Health;

c) The Circular No. 27/2019/TT-BYT dated September 27, 2019 of the Minister of Health;

Article 6. Transitional provisions

1. If a baby is born before the effective date of this Circular, the issuance of live birth certificate shall comply with regulations in the Appendix 5 enclosed with the Circular No. 56/2017/TT-BYT dated December 29, 2017 of the Minister of Health or the Appendix 01a enclosed with the Circular No. 34/2015/TT-BYT dated October 27, 2015 of the Minister of Health.

2. The live birth certificate re-issued to a baby who is born before the effective date of this Circular shall be consistent with the form specified in the Appendix I enclosed with this Circular.

Article 7. Implementation responsibilities

1. Medical facilities shall be responsible for integrating electronic data on live birth certificates with the integrated public service software according to the Government’s Decree No. 63/2024/ND-CP dated June 10, 2024.

The integrated electronic data on live birth certificate shall contain all information fields according to the live birth certificate form specified in the Appendix I enclosed with this Circular.

Information fields must be displayed according to the Ministry of Health’s regulations on output data format and electronically authenticated in a legal manner.

2. The Director of Administration of Maternal and Children’s Affairs, Director of Department of Medical Service Administration, heads of units of and affiliated to the Ministry of Health, Directors of provincial Departments of Health and relevant authorities, organizations and individuals shall implement this Circular.

Any problems and proposals that arise during the period of implementation should be promptly reported to the Ministry of Health (Administration of Maternal and Children’s Affairs) for consideration and handling./.