Thông tư 34/2015/TT-BYT

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.

Article 1. Amendments and supplements to the Minister of Health’s Circular No. 17/2012/TT-BYT dated October 24, 2012 regulating issuance and use of Notice of birth

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.

2. Form of Notice of birth is published on the Portal of the Ministry of Health. The Services of Health of central-affiliated cities and provinces and medical examination and treatment facilities can get access to the Portal of the Ministry of Health for a printout.

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. /.