When a child is born, a birth registration procedure must be carried out. Therefore, regarding this issue, LSX Lawfirm would like to share with customers according to the article: “Procedures for birth registration for children born in Vietnam whose parents are foreigners”, as follows:
– Law on Marriage and Family 2014
– Law on Civil Status 2014
– Decree No. 123/2015/ND-CP
– Circular No. 04/2020/TT-BTP
What is birth registration for children born in Vietnam whose parents are foreigners ?
Pursuant to Article 35 of the 2014 Civil Status Law, there are provisions on cases of birth registration for children of foreign origin, including:
Children born in Vietnam:
a) One parent is a Vietnamese citizen and the other is a foreigner or stateless person;
b) Having one parent who is a Vietnamese citizen residing in the country and the other being a Vietnamese citizen residing abroad;
c) Having father and mother who are Vietnamese citizens residing abroad;
d) Having parents who are foreigners or stateless persons;
Children born abroad who have not yet registered their birth to reside in Vietnam:
a) Having a father and mother who are Vietnamese citizens;
b) Having a parent who is a Vietnamese citizen.”
Thus, for cases of children born in Vietnam but whose father; mother; or both parents are foreign citizens (or stateless persons); or reside abroad; are registered for birth foreign elements.
Authority to register birth for children born in Vietnam whose parents are foreigners
Pursuant to Clause 2, Article 7 of the Law on Civil Status 2014 stipulates the competence of district-level People’s Committees to register civil status in the following cases, except for the case specified at Point d, Clause 1 of this Article:
“a) Registration of civil status events specified in Clause 1, Article 3 of this Law involving foreign elements.
b) Registering civil status changes and corrections for Vietnamese citizens aged full 14 years or older residing in the country; redefine ethnicity.
c) Perform civil status affairs as prescribed in Clause 3, Article 3 of this Law.”
Accordingly, the registration authority will belong to the district-level People’s Committee of the place where the father or mother resides to register the birth of the child.
Procedures for birth registration for children with foreign elements in Vietnam
Step 1. Prepare registration dossier for children born in Vietnam whose parents are foreigners
- Firstly; declaration according to the prescribed form (01 original).
- Secondly; Birth certificate or other paper issued by a foreign competent authority certifying that the child was born abroad and the mother-child relationship; if any (01 copy); 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 written commitment about the birth (01 original).
- Thirdly; the written agreement of parents to choose nationality for their child; in case the child has one parent who is a Vietnamese citizen and the other is a foreign citizen (as prescribed in Clause 1; Article 36 of the Law on Civil Status).
- Passport or people’s identity card or citizen identification card or other papers with photo and personal information attached by a competent authority; valid for use to prove the identity of the lover birth registration request.
- Proof of residence to determine the birth registration authority.
- In case a parent selects 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 a 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.
- 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 written commitment of the birth (01 original).
- Finally; Marriage certificate if parents have registered their marriage.
Note: In case the application is sent via the postal system, it must be enclosed with certified copies of the documents to be presented above.
Step 2: Submit your application for children born in Vietnam whose parents are foreigners
How to apply: Submit in person, online or by post.
Accordingly; persons who perform birth registration can submit their application directly at the competent district-level People’s Committee; or send the application through the postal system; or through the online civil status registration system. (The person requesting birth registration directly performs or authorizes another person to perform birth registration).
Time limit for settlement: Right on the day of receiving the application; In case the application is received after 15 o’clock but cannot be resolved immediately, the result shall be returned in the next working day.
Currently, there is no fee to register a child’s birth. In case of untimely birth registration: according to the fee rate set by the People’s Council of the province.
Firstly; within 60 days from the date of birth, the parent is responsible for registering the birth of the child;
Secondly; the person who registers the child’s birth may be a grandfather, grandmother or other relative. Thus, the law creates conditions to register the child’s birth; even though the parents cannot directly come to register the child’s birth at the competent agency.
According to the provisions of Clause 4; Article 5 of the Law on civil status; an individual may have civil status registration at the civil status registration office of the place; where he/she permanently resides; temporarily resides or is currently living.
At the same time; Article 7 of the Law on civil status stipulates that the People’s Committee of the district; where the father or mother resides shall register the birth.
Therefore, if you can show proof of your residence; you can register your child’s birth at the People’s Committee of the district where you reside.
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