Can children born abroad have their birth registered in Vietnam? What does birth registration dossier for children born abroad who are registered birth in Vietnam include? What are contents of a birth certificate for children born abroad who have their birth registered in Vietnam?
Hello, my husband and I went abroad to work and had children abroad. Currently, my husband and I return to Vietnam to live. My child has not yet had a birth certificate because my husband and I want to register his birth in Vietnam. Please ask, if my child was born abroad, can his or her birth be registered in Vietnam? What does the birth registration dossier for children born abroad who register their birth in Vietnam include?
Please advise. Thankyou.
Can children born abroad have their birth registered in Vietnam?
Article 29 of Decree 123/2015/ND-CP stipulates birth registration for children born abroad and taken to reside in Vietnam as follows:
If a child whose parents either is or parents both are Vietnamese citizen(s) was born abroad but has not have birth registered and taken to reside in Vietnam, the People’s Committee of district where he/she resides shall consider granting him/her the birth registration.
An applicant for birth registration shall present documents proving the child’s residence in Vietnam and submit the following:
a) An application form as prescribed;
b) A certificate of live birth or an equivalent document issued by the foreign competent authority certifying that the child was born abroad and mother-child relationship (if any);
c) An agreement on selection of child’s nationality prescribed in Clause 1 Article 35 of the Law on civil status in case where one child’s parent is a Vietnamese citizen and the other is a foreign citizen.
In case of absence from the document prescribed in Point b Clause 2 of this Article, the procedures for birth registration shall be consistent with Clause 5 Article 15 of this Decree.
As soon as practicable after receiving the application, the Committee Division of Justice shall verify it. In case of sufficient, accurate and consistent with regulations of law, the birth registration shall be granted in accordance with procedures as prescribed in Clause 2 Article 36 of the Law on civil status. Birth registration contents shall being determined as prescribed in Clause 1 Article 4 of this Decree.
Thus, in case you give birth abroad, when you return to Vietnam, you can still carry out the normal birth registration procedures for your child according to regulations. You go to the District People’s Committee where you or your husband reside to do the procedures for your child.
What does birth registration dossier for children born abroad who are registered birth in Vietnam include?
In Article 7, Circular 04/2020/TT-BTP regulates birth registration involving foreign elements as follows:
The contents of a birth registration application for a child born overseas to a Vietnamese father or mother or to Vietnamese father and mother, having no overseas birth registration and residing in Vietnam is provided for by regulations in Article 29 of Decree No. 123/2015/ND-CP and the following guidelines:
a) Documentary evidences of the child’s lawful entry into Vietnam and residence in Vietnam per regulations in Clause 2 Article 29 of Decree No. 123/2015/ND-CP, including a documentary evidence of the child’s lawful entry into Vietnam (such as passport, documents enabling international travel bearing an entry stamp from an immigration authority) and a written confirmation from the competent public security authority that the child is living in Vietnam.
b) The child’s Vietnamese citizenship shall be determined as prescribed in Vietnam’s laws on citizenship upon birth registration.
In case the child’s parent chooses a foreign citizenship for the child upon birth registration, besides the written consent to such choosing, a confirmation that such choosing conforms to the foreign country’s law from the competent authority of the foreign country is required. If there is no confirmation from the competent foreign authority, the civil registration authority shall register the child’s birth but leave the nationality section in the birth certificate and birth register blank.
According to this Article, to register the birth of your child born abroad, when completing the birth registration procedure in Vietnam, you must prepare complete documents according to the above provisions of law.
What are contents of a birth certificate for children born abroad who have their birth registered in Vietnam?
In Article 6, Circular 04/2020/TT-BTP stipulates contents of birth registration as follows:
Contents of birth registration are provided for by regulations in Clause 1 Article 14 of the Law on Civil Status, Clause 1 Article 4 of Decree No. 123/2015/ND-CP and the following guidelines:
- The last name, ethnicity and full name of the child must be determined in compliance with regulations of laws and in a manner that honors national identity and fine traditions and customs of Vietnam; the name shall not be too long or hard to use.
- In case the parents fail to reach an agreement on the last name, ethnicity and native place of their child upon birth registration, the last name, ethnicity and native place of the child shall be determined according to customs but the child must take on the last name, ethnicity and native place of the mother or the father.
The above information is provided by Mys Law. For any questions regarding the content of this article, please contact 0969.361.319 or email: [email protected] for further clarification. Best regards!
