In Vietnam, is it possible to get a birth certificate for a child without a marriage certificate?
Hello Lawyer X, my husband and I are currently living together as husband and wife, but we have not registered our marriage, can I make a birth certificate for my child? How to get a birth certificate for a child? Please advise.
Hi, In case you do not have a marriage certificate, you can still make a birth certificate for your child. However, if you want to register the birth of such a child, according to the law, there are specific regulations that you need to understand. Let’s find out with Lawyer X.
Legal grounds
Civil Status Law 2014
Decree 123/2015/ND-CP
Circular 04/2020/TT-BTP
Birth certificate
A birth certificate is an original civil status document of a person.
According to Clause 6, Article 4 of the 2014 Law on Civil Status: A birth certificate is 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.
Article 6 of Decree 123/2015/ND-CP stipulates the legal value of birth certificates as follows:
A birth certificate is the original civil status document of an individual.
All dossiers and papers of individuals with contents about the surname, middle name, first name; date of birth; sex; ethnicity; nationality; home town; the parent-child relationship must be consistent with that person’s birth certificate.
In case the contents of the personal dossier and 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 regulations. content in the Birth Certificate.
Register for a birth certificate
Birth registration is the registration of birth (birth) events for a newly born child at a competent state agency.
The competent state agency for birth registration is the People’s Committee of the commune, ward or township where the mother has permanent residence or where the child was born. In special cases, birth registration can made at the commune-level People’s Committee where the mother registers her temporary residence.
Accordingly, necessary papers for birth registration include: Birth certificate issued by the medical facility where the child was born. In case of giving birth outside a medical facility, a witness’s certification is required. In case there is no witness, the person going to register the birth must make a written commitment that the birth is real.
How does a single mother make a birth certificate for her child?
A single mother can still make a birth certificate for her child according to the following instructions:
– Regarding the agency competent to handle birth registration:
The commune-level People’s Committee of the place where the mother resides shall register the birth according to Article 13 of the Law on Civil Status.
– Responsibility for birth registration:
Single mothers, grandparents or other relatives are responsible for registering births with children as prescribed in Article 15 of the Law on Civil Status.
– Regarding birth registration procedures, you need to prepare:
Identity card;
Household registration book or temporary residence book;
Declaration of birth registration according to a form filled with information;
Birth certificate or document of a witness certifying the birth, or a written undertaking of the birth;
Fees for birth registration as prescribed. Birth registration for Vietnamese children residing in the country is exempt from fees when done on time.
Make a birth certificate for your child when you lose your marriage certificate
If you lose your marriage certificate, you can still make a birth certificate for your child in the same way that a single mother registers the birth of a child we shared above. After that, when you have a marriage certificate, you will register to determine paternity to add father information on the birth certificate. However, this method has some limitations such as:
The birthplace of the child is determined according to the first registration of birth, ie the mother’s hometown and cannot be changed;
The People’s Committee has the authority to deal with the People’s Committee of the place of residence of the mother, not to choose between the People’s Committee of the place of residence of the father or mother; so it is limited in some cases where it is not convenient to travel , after registering the marriage, the wife has not moved back to her husband’s house, has not registered to temporarily reside in the new place.
The child’s family name is determined by the mother’s last name because the father has not been identified at the first birth registration. In order to change the child’s last name to the last name, the father has to do additional procedures to change the family name.
Therefore, many couples feel very anxious in registering their birth when they lose their marriage certificate. In order to have the desired birth registration; we recommend that you apply for an extract of the marriage registration certificate or re-register your marriage before making the birth registration (depending on the specific case).
Related article:
Procedures for making a birth certificate when father is Indian in Vietnam
Procedures to consular legalize marriage certificate in Vietnam
Frequently asked questions:
Pursuant to the provisions of Article 15 of the 2014 Law on civil status, it is the responsibility of the father or mother to carry out the birth registration procedures for the child within 60 days from the date of birth.
Article 15. Responsibility for birth registration
1. Within 60 days from the date of birth, the father or mother is responsible for registering the birth of the child; In case a parent is unable to register the birth of a child, the grandparent or other relative or the individual or organization that is raising the child shall have to register the birth of the child.
2. Justice – civil status officers regularly check and urge the birth registration of children in the locality within the prescribed time limit; In case of necessity, mobile birth registration shall be carried out.
Pursuant to the provisions of Article 37 of Decree 82/2020/ND-CP, the warning penalty has been removed for late registration of birth.
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