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THE
MINISTRY OF HEALTH
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
34/2015/TT-BYT
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Hanoi, October
27, 2015
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CIRCULAR
AMENDING AND SUPPLEMENTING ARTICLE 2 OF THE MINISTER OF
HEALTH’S CIRCULAR No. 17/2012/TT-BYT DATED OCTOBER 24, 2012 REGULATING ISSUANCE
AND USE OF NOTICE OF BIRTH
Pursuant to Article 94 of the Law on Marriage
and Family dated June 19, 2014;
Pursuant to Article 16 of the Law on Births,
Deaths and Marriages dated November 20, 2014;
Pursuant to the Government’s Decree No.
10/2015/NĐ-CP dated January 28, 2015 regulating giving birth through in vitro
fertilization and conditions for altruistic gestational surrogacy;
Pursuant to the Government’s Decree No.
63/2012/NĐ-CP dated August 31, 2012 regulating functions, duties and
organizational structure of the Ministry of Health;
At the request of General Director of
pediatric and maternal health, General Director of Department of Legislation -
the Ministry of Health,
The Minister of Health promulgates the
Circular providing supplements to Article 2 of the Minister of Health’s
Circular No. 17/2012/TT-BYT dated October 24, 2012 regulating issuance and use
of Notice of birth.
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1. Amendments to Point a, Clause 2, Article 2 as
follows:
a) Before a newborn baby is brought home, medical
examination and treatment facilities as prescribed in Clause 1 of this Article
must record all the information in the form of Notice of birth as prescribed in
Appendix 01 or 01A enclosed herewith. Parents or relatives of the baby must
double check the information before signing. The Notice of birth shall be made
into two copies of the same legal value. One copy is kept by the baby’s parents
or relatives as the basis for registration of birth and one copy is retained in
the medical examination and treatment facility.
2. Adding Point c to Clause 2, Article 2 as
follows:
“Article 2. Procedures for issuance of Notice
of birth
“c) In case a baby is born through surrogacy,
intended parents or a woman who carries and gives birth (surrogate mother) must
submit written confirmations about surrogacy as prescribed in Appendix 05
enclosed herewith and certified true copy or a copy accompanied by the original
of surrogacy agreement for humanitarian purposes between intended parents and
surrogate mother to the medical examination and treatment facility where the
baby is born.
The baby who is born through surrogacy shall be
granted the Notice of birth according to forms as prescribed in Appendix 01A
enclosed herewith. This Notice of birth shall serve as the basis for proving
surrogacy when carrying out registration of birth.
Issuance of Notice of birth is prescribed in
Point a, Clause 2, this Article”.
Article 2. Implementation
1. This Circular takes effect since December 14,
2015.
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3. Director of Department of Pediatric and
Maternal Health, General Director of Department of Legislation, heads of units
affiliated to the Ministry of Health; Director of the Service of Health and
relevant agencies, organizations, and individuals shall be responsible for
executing this Circular.
Difficulties that arise during the
implementation of this Circular should be reported to Department of pediatric
and maternal health, the Ministry of Health for consideration and handling. /.
PP THE
MINISTER
DEPUTY MINISTER
Nguyen Viet Tien