Legal Assistance

A birth certificate (Form-103) is a record of the birth of a child that includes the name of the child, the date, time and place of birth, the sex of the child and the name(s) of the child’s parent(s).

Every child has the right to receive a birth certificate as set out in the Section 21 of the 2019 Child Rights Law.

A birth certificate is for example needed to:

• Add a newborn child to a Household List;
• Enroll the child in primary school;
• Apply for the child’s citizenship scrutiny card;
• Receive any benefits for the child from government agencies.

The Household List is a primary document that certifies the existence of an individual and serves as proof of the family members’ residential location. It includes details about the members of a household, namely the name, father’s name, date of birth, sex, relationship with the head of household, ethnicity, religion, type of citizenship, ID number, as well as information about the residence, such as region or state, township, ward or village tract and village.

According to the 1949 Residents of Myanmar Registration Act, it is mandatory to record household members, including their relationship with the head of household, in the Household List.

The Household List serves as an essential record for various administrative processes and is for example needed to:

• Apply for civil registration and legal identity documents, such as birth, marriage and death certificates, citizenship scrutiny cards and passports;
• Apply for a decision on citizenship;
• Apply for a travel permit (Form 4);
• Change the residential location;
• Access housing, land and property.

The 1982 Citizenship Law of Myanmar defines three types of citizenship, each associated with a different type of citizenship scrutiny card.

Individuals who do not acquire citizenship by birth cannot directly apply for a citizenship scrutiny card. They need to first apply for a decision on citizenship in accordance with Section 65 of the 1982 Citizenship Law. The individuals concerned are best placed to decide whether or not they would like to proceed with an application.

• Citizenship Scrutiny Card (“Pink Card”)

Holders of Citizenship Scrutiny Cards: Individuals who belong to one of the recognized “national races” or can trace their ancestry in Myanmar back to before 1823 (reference: 1982 Citizenship Law, Chapter II).

Citizens with a Citizenship Scrutiny Card have the right to vote, run for public office and access public services, for example.

• Associate Citizenship Scrutiny Card (“Blue Card”)

Holders of Associate Citizenship Scrutiny Cards: Individuals who applied for a decision on citizenship under the 1948 Union Citizenship Act prior to 1982, but had not received a decision on their application when the 1982 Citizenship Law was passed (reference: 1982 Citizenship Law, Chapter III).

Citizens with an Associate Citizenship Scrutiny Card may face more significant restrictions on certain political rights and on access to some public services, such as running for public office, being a member of a political party and accessing certain professional studies.

Associate citizenship can be revoked.

• Naturalized Citizenship Scrutiny Card (“Green Card”)

Holders of Naturalized Citizenship Scrutiny Cards: Individuals who have resided in Myanmar for a significant period of time and meet specific criteria set by the State, including knowledge of one of the ethnic languages and “good character” (reference: 1982 Citizenship Law, Chapter IV).

Citizens with a Naturalized Citizenship Scrutiny Card may face restrictions on certain political rights and on access to some public services, such as running for public office and accessing certain professional studies.

Naturalized citizenship can be revoked.

• Physical storage: Keep important documents in a bag that you can carry with you in case of emergency. Keep documents separate from cash and valuable items. Inform all family members where and how the documents are kept.
• Water-proof protection: Use water-proof folders or plastic bags to protect important documents from damage.
• Electronic copies and back-ups: Make copies of important documents and store them separately from the originals. Keep electronic copies of important documents (pictures or scans). If you have access to email, send electronic copies of the documents to your mailbox.

• Legal requirement: Everyone living in Myanmar must register and obtain a civil registration and legal identity document as required by law (references: 1940 Registration of Foreigner Act and 1949 The Residents of Myanmar Registration Act).
• Preventing fraud and exploitation: Holding civil registration and legal identity documents helps protect you from identity theft, scams, and being taken advantage of.
• Settling disputes and child protection: Civil registration and legal identity documents can prove who you are, show who owns property and can help protect children from child labor, early marriage and trafficking.
• Freedom of movement: Civil registration and legal identity documents allow you to travel within the country. Legal identity documents are also necessary to cross international borders, to leave and return to Myanmar.