Circular No. 34/2015/TT-BYT amends and supplements Article 2 of Circular No. 17/2012/TT-BYT dated October 24, 2012, issued by the Minister of Health, concerning the issuance and use of the Birth Certificate.

CIRCULAR

Amending and supplementing Article 2 of Circular No. 17/2012/TT-BYT dated October 24, 2012 of the Minister of Health on issuing and using birth certificates

of the Minister of Health

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Pursuant to Article 94 of the Marriage and Family Law dated June 19, 2014;

Pursuant to Article 16 of the Household Registration Law dated November 20, 2014;

Pursuant to Decree No. 10/2015/NĐ-CP dated January 28, 2015 of the Government on in vitro fertilization techniques and conditions for altruistic surrogacy;

Pursuant to Decree No. 63/2012/NĐ-CP dated August 31, 2012 of the Government on the functions, tasks, and organizational structure of the Ministry of Health;

At the proposal of the Director of the Maternal and Child Health Department and the Director of the Legal Affairs Department of the Ministry of Health,

The Minister of Health issues this Circular to amend and supplement Article 2 of Circular No. 17/2012/TT-BYT dated October 24, 2012 of the Minister of Health on issuing and using Birth Certificates.

Article 1. Amending and supplementing Article 2 of Circular No. 17/2012/TT-BYT dated October 24, 2012 of the Minister of Health on issuing and using Birth Certificates

1. Amend Point a Clause 2 of Article 2 as follows:

a) Before the newborn leaves the hospital, the medical facility specified in Clause 1 of this Article shall be responsible for filling out all information on the Birth Certificate according to Model 01 or Model 01A attached hereto. The father, mother, or close relative of the child shall be responsible for reading and checking the information before signing. The Birth Certificate shall be made in two copies with equal legal force, one copy given to the father, mother, or close relative of the child for registration of birth, and one copy retained at the medical facility.

2. Supplement Point c to Clause 2 of Article 2 as follows:

"Article 2. Procedures for Issuing Birth Certificates

"c) In cases where the child is born through surrogacy, the Surrogate Parents or the Surrogate Mother must submit a Confirmation of Birth by Surrogacy Technique according to Model 05 attached hereto and a certified copy or a copy with the original for comparison of the Agreement on Altruistic Surrogacy between the Surrogate Parents and the Surrogate Mother to the medical facility where the child was born.

A Birth Certificate will be issued for children born through surrogacy according to the Model prescribed in Model 01A attached hereto. This Birth Certificate serves as proof of surrogacy when registering the birth.

The issuance of the Birth Certificate shall be carried out in accordance with the provisions of Point a Clause 2 of this Article."

Article 2. Implementation clause

1. This Circular takes effect from December 14, 2015.

2. The Model of Birth Certificate will be published on the Ministry of Health's website. Provincial Departments of Health and medical facilities may access the Ministry of Health's website to print and use it.

3. The Director of the Maternal and Child Health Department; the Director of the Legal Affairs Department; Heads of units under and affiliated with the Ministry of Health; Directors of Provincial Departments of Health and related agencies, organizations, and individuals are responsible for implementing this Circular.

During implementation, if there are difficulties or obstacles, agencies, organizations, and individuals are requested to promptly report them to the Maternal and Child Health Department of the Ministry of Health for consideration and resolution.