Similar to marriage and divorce involving foreign elements, when a child is born to foreign parents in Vietnam, a specialized legal birth registration process is required. In this article, 68 SOLUTIONS will guide you through the key legal issues and procedures for registering a birth certificate involving foreign elements.
What Is a Birth Certificate? Who Must Register?
According to Clause 6, Article 4 of the Law on Civil Status 2014, a Birth Certificate is an official document issued by a competent state authority upon registration of birth. It records basic individual information as stated in Article 14 of the same law.
You must register a birth at the District-level People’s Committee where the parents reside if:
- Children born abroad who have not yet been born registered to reside in Vietnam;
- Children born in Vietnam:
- Having one parent who is a Vietnamese citizen and the other being 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 a father and mother who are Vietnamese citizens residing abroad; Having a parent who is a foreigner or a stateless person.
Procedures for Birth Registration Involving Foreign Elements
Documents to Submit
Pursuant to Article 29 of Decree 123/2015/ND-CP detailing a number of articles and measures to implement the Law on civil status, the birth registration application file for children with foreign elements must include:
- Birth registration form according to the form
- Birth certificate or other document issued by a foreign competent authority certifying that the “child was born” abroad and the mother-child relationship, if any;
- Written agreement of parents to choose nationality for their child according to the provisions of Clause 1, Article 36 of the Law on Civil Status for the case children have one parent who is a Vietnamese citizen and the other is a foreign citizen.
Note: The nationality agreement must be consular legalized and translated into Vietnamese. 68 SOLUTIONS also offers legalization services here.
Documents to Present
- Passport or people’s identity card or citizen identification card or other papers with photos and personal information attached by a competent authority, valid for use to prove the identity of the requester birth application;
- Proof of residence to determine birth registration authority.
- In case a child born abroad returns to reside in Vietnam, he/she must present documents proving the child’s entry (passport, international travel document bearing the entry certification stamp of the immigration authority) and documents proving the child’s residence in Vietnam (a written confirmation from a competent police agency).
Note: For Vietnamese citizens, proof of residence and Marriage Certificate are only presented during the period when the National Population Database and the National Electronic Civil Registry Database have not yet been completed. completed and implemented uniformly across the country.
Where to Apply
Currently, the city’s Department of Justice has handed over the civil status handling work to the Judicial Offices of the People’s Committees of the districts in the provinces/cities where one of the parents resides. Thus, you can submit your child’s birth certificate at the District People’s Committee where you reside.
If the submitted documents are valid and complete in accordance with regulations, on average, it will take 1-2 working days to receive the results from the time of submitting the application at the District People’s Committee.
FAQs About Birth Registration with Foreign Elements
Q1: Can I register a birth without marriage in Vietnam?
Yes. However, if the father is a foreign national and you are not married, you must first complete paternity recognition procedures before registering the child’s birth out of wedlock.
Q2: Can I include the father’s name without marriage?
Yes, but the father must be physically present during the registration and request paternity acknowledgment to be recorded on the certificate.
Q3: Will the child automatically receive foreign nationality?
Not necessarily. As per Article 16 of the Law on Vietnamese Nationality, the child can obtain Vietnamese nationality if both parents agree in writing. Whether foreign nationality is granted depends on the foreign country’s laws.
Q4: What’s the deadline for birth registration?
Within 60 days of birth. If parents are unavailable, grandparents or relatives are legally permitted to register the birth.
Where to Proceed Birth Registration?
We understand that handling birth registration involving foreign elements can be time-consuming and confusing. That’s why 68 SOLUTIONS provides full-service support with:
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Regular updates on regulations related to foreign-element birth registration
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Complete document preparation based on your specific case
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Full package support: translation, notarization, consular legalization
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Experience with over 500 successful cases
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Fast turnaround time, including support for urgent requests
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Transparent pricing, no hidden costs
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Document delivery to your address
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Strict confidentiality
Let our experienced team help simplify the process for you. Contact our team today for personalized and fastest assistance via hotline: (+84) 989 529 699
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