In July last year, 2021, my husband and I got married and registered our marriage, now we have a 27-day-old baby. Now I want to register the birth of my child but I don’t know how to do the birth registration procedure for my mixed-race child? So about the matter “Birth certificate with foreign elements under Vietnam law” Let’s find out with LSX in the article below.
Legal grounds:
- Civil Status Law 2014;
- Circular 04/2020/TT-BTP;
- Circular 85/2019/TT-BTC.
What is a birth certificate?
Pursuant to Clause 6, Article 4 of the Law on Civil Status 2014 provides for birth certificates as follows:
“Article 4. Interpretation of terms
In this Law, the following terms are construed as follows:
…6.Birth certificate means a document issued by a competent state agency to an individual upon birth registration; The content of the birth certificate includes basic information about the individual as prescribed in Clause 1, Article 14 of this Law.”
Pursuant to Clause 1, Article 14 of the Law on Civil Status 2014 stipulates the content of birth registration as follows:
“Article 14. Contents of birth registration
1. Contents of birth registration include:
a) Information of the person whose birth is registered: Full name, middle name and first name; sex; date of birth; place of birth; home town; ethnic; nationality;
b) Information of the father and mother of the person whose birth is registered: Full name, middle name and first name; Year of Birth; ethnic; nationality; residence;
c) Personal identification number of the person whose birth is registered.”
In addition, according to Article 6 of Decree 123/2015/ND-CP, the legal value of birth certificates is as follows:
– Birth certificate is the original civil status document of the individual.
– All dossiers and papers of individuals with contents about surname, middle name, first name; date of birth; sex; ethnic; nationality; home town; parent, child relationship must be consistent with the birth certificate of that person.
– In case the contents of the personal file or papers are different from those in the birth certificate of that person, the head of the agency or organization managing the dossier or issuing the papers is responsible for adjusting the dossier and papers according to the contents of the Birth Certificate.
Thus, birth registration at a competent state agency will be granted a certificate, which is the original civil status document for each individual.
Birth certificate with foreign elements under Vietnam law
Pursuant to Article 7 of Circular 04/2020/TT-BTP regulating birth registration with foreign elements as follows:
– Dossier of birth registration for children born abroad, whose parents are Vietnamese citizens or both parents are Vietnamese citizens, have not yet registered their birth abroad, and reside in Vietnam. Vietnam, comply with the provisions of Article 29 of Decree 123/2015/ND-CP and the following instructions:
– Papers proving that the child has lawfully entered and resided in Vietnam as prescribed in Clause 2, Article 29 of Decree 123/2015/ND-CP, including: papers proving that the child has lawfully entered Vietnam. entering Vietnam (such as passports, international travel documents with entry certification stamp of the immigration authority) and a written certification of the competent police agency that the child has entered Vietnam. I am residing in Vietnam.
– The determination of Vietnamese nationality for children upon birth registration shall comply with Vietnamese law on nationality.
– In case a parent chooses a foreign nationality for their child when registering for birth, in addition to the written agreement on nationality selection, it must also be certified by the competent authority of the country of which the child is selected. about the child’s nationality in accordance with the laws of that country. If the foreign competent authority does not confirm, the civil status registration agency shall register the birth of the child, but leave the section on nationality in the birth certificate and birth registration book blank.
Pursuant to Article 35 of the Law on Civil Status 2014 stipulates the authority to register births as follows:
The district-level People’s Committee of the place where the father or mother resides shall register the birth of a child in the following cases:
– Children born in Vietnam:
– Having one parent who is a Vietnamese citizen and the other is a foreigner or stateless person;
– Having one parent who is a Vietnamese citizen residing in the country and the other being a Vietnamese citizen residing abroad;
– Having father and mother who are Vietnamese citizens residing abroad;
– Having a parent who is a foreigner or a stateless person;
– Children born abroad who have not yet registered their birth to reside in Vietnam:
– Having a father and mother who are Vietnamese citizens;
– Having a parent who is a Vietnamese citizen.
Thus, birth registration with foreign elements shall be carried out in accordance with Vietnamese law on nationality. The registration authority will belong to the district-level People’s Committee of the place of residence of the father or mother who shall register the birth of the child.
What are the regulations on birth registration procedures with foreign elements?
Pursuant to Article 36 of the Law on Civil Status 2014 stipulates the procedures for birth registration as follows:
– Persons applying for birth registration shall submit documents as prescribed in Clause 1, Article 16 of the Law on Civil Status 2014 to the civil status registration agency. In case the father or mother or both parents are foreigners, the written agreement of the parents on the selection of nationality for the child must be submitted.
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 all the papers specified 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 on Civil Status. 2014 in the civil status book; In the case of children with foreign nationality, the contents specified at Point c, Clause 1, Article 14 of the 2014 Law on Civil Status shall not be recorded.
According to Clause 1, Article 16 of the 2014 Law on Civil Status, on procedures for birth registration, the person going for birth registration shall submit a declaration according to the prescribed form and birth certificate to the civil status registration agency. If the birth certificate is not available, the witness’s document certifying the birth shall be submitted; if there is no witness, there must be a written commitment about the birth; in case of birth registration for abandoned children, there must be a written certification of the abandoned child made by a competent agency; In case of birth registration for children born as a result of surrogacy, there must be documents proving the surrogacy in accordance with law.
Accordingly, according to Point c, Clause 2, Article 5 of Circular 85/2019/TT-BTC regulating civil status fees for civil status registration as follows:
– Civil status fees for civil status registration at the People’s Committees of districts, towns, provincial cities and centrally run cities, including: Birth registration (including: timely birth registration , not on time, re-registration of birth, birth registration for those who already have personal records and papers); death declaration (including: registration of death on time, not on time, re-registration of death); marriage (including: new marriage registration, re-marriage registration); guardianship, termination of guardianship; accept father, mother, child; change, correct civil status for persons aged full 14 years or older residing in the country; redefine ethnicity; change, correct or supplement civil status with foreign elements; record in the civil status book that the civil status of Vietnamese citizens has been settled at a competent foreign agency; other civil status registration.
– Based on the actual conditions of the locality to determine the appropriate fee level.
Accordingly, the birth certificate registration procedure will include steps such as: preparing documents, submitting documents, receiving documents, checking information and confirming it in the civil status book. Citizens will pay civil status registration fees in accordance with the law.
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Please see more
- The re-issuance of birth certificates for Vietnamese people living aboard
- ICreating a birth certificate under a special category in Vietnam
- In Vietnam, is it possible to get a birth certificate for a child without a marriage certificate?
Frequently asked questions
Declaration of birth registration according to the form.
-Birth certificate. If the birth certificate is not available, the witness’s document certifying the birth shall be submitted; -If there is no document of the witness, there must be a certificate of birth. the fact that children are born abroad and the mother-child relationship (if any).
In case the father or mother or both parents are foreigners, the written agreement of the parents on the selection of nationality for the child must be submitted. In case a parent chooses a foreign nationality for a child, in addition to the written agreement on nationality selection, there must also be a certification by the competent authority of the country in which the child is selected to hold the nationality of the child’s nationality. in accordance with the laws of that country.
Power of attorney (certified) as prescribed by law in case of authorization to carry out birth registration.
Passport or people’s identity card or citizen identification card or other papers with photos and personal information issued by a competent authority, valid for use to prove the identity of the lover birth registration request;
Papers proving the place of residence to determine the birth registration authority;
Marriage certificate if the parents have registered their marriage;
In case the child is born abroad, has a parent who is a Vietnamese citizen, or his father and mother are both Vietnamese citizens, whose birth has not yet been registered in a foreign country, and reside in Vietnam, present documents proving the children’s lawful entry into Vietnam (such as passports, documents with international travel validity stamped by the immigration authority) and written confirmation receipt from a competent police agency that the child is residing in Vietnam.
Birth registration with foreign elements will be carried out at the district-level People’s Committee where the father or mother resides in the following cases:
Children born abroad who have not been registered for birth reside in Vietnam;
Children born in Vietnam:
a) Having one parent who is a Vietnamese citizen and the other being a foreigner or stateless person;
a) Having one parent who is a Vietnamese citizen residing in the country and the other being a Vietnamese citizen residing abroad;
a) Having father and mother who are Vietnamese citizens residing abroad;
+) Having a parent who is a foreigner or a stateless person.
Conclusion: So the above is Birth certificate with foreign elements under Vietnam law. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
