Procedures for registering a birth with foreign elements but not yet registering a marriage?
Pursuant to Article 15 of the 2014 Law on Marriage and Family, there are provisions on men and women living together as husband and wife as follows: “The rights and obligations between men and women living together as husband and wife and children decide accordingly this Law on the rights and obligations of parents and children. So what are the procedures for registering a birth with foreign elements but not yet registering a marriage? Let’s find out this issue with LSX lawfirm.
Legal grounds
Law on Marriage and Family 2014
The authority to register births
Article 35 of the Law on civil status 2014 specifically stipulates as follows:
“The district-level People’s Committee of the place where the father or mother resides shall register the birth of children in schools in schools. In the following cases:
1. A child is born in Vietnam:
a) Having one parent who is a Vietnamese citizen and the other being a foreigner or stateless person;
b) Having a parent who is a Vietnamese citizen residing in the country and the other being a Vietnamese citizen residing abroad;
c) Having a father and mother who are Vietnamese citizens residing abroad;
d) Having a father and mother who are foreigners or non-nationals.
2. Children born abroad has not been registered at birth in Vietnam reside:
a) Have the parents are citizens of Vietnam;
b) Having a parent who is a Vietnamese citizen.”
In case the parent is Vietnamese, whether the child is born in Vietnam or a foreign country, accordingly the provisions of law, they can carry out registration procedures in Vietnam and will fall under the jurisdiction of the People’s Committee.
Birth registration procedures
Firstly, two people who have not yet registered their marriage are cases of birth registration for children; whose parents have not been identified; so it is necessary to carry out procedures to recognize father, mother and child.
Secondly, this is a case involving foreign elements, so it is necessary to follow the order prescribed in Article 36 of the Law on Civil Status 2014 as follows:
- The person applying for birth registration shall submit the papers specified in Clause 1, Article 16 of this Law to the civil status registration agency. In case the father or mother or both parents are foreigners; parents need to submit the written agreement of the parents on the selection of nationality for the child. In case a parent chooses a foreign nationality for their child, the written agreement must be certified by a competent state agency of the foreign country of which that person is a citizen.
- Immediately after receiving the complete documents as prescribed in Clause 1 of this Article, if finding that the birth registration information is complete and appropriate, the civil status officer shall record the birth registration information as prescribed in Article 14 of the Law. Civil status civil servants and birth registration persons shall both sign in the civil status book. The Justice Division shall report to the President of the district-level People’s Committee to grant birth certificates to persons whose births are registered…”
=> Accordingly, normal birth registration is still carried out for children; but should pay attention to the following issues:
+ Carry out procedures to recognize father; mother and child to write all information of father and mother on the birth certificate for the child.
+ Have the right to choose the nationality for the child based on the agreement of the parents.
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