Any child that is born must have a birth declaration. Personal information on a birth certificate such as full name, date of birth, gender, parents, hometown… is data that cannot be changed during an individual’s life except under very special cases. All of personal documents are based on data from birth certificates. Thus, birth certificate is a particularly important document for everyone. Parents or relatives are responsible for registering the birth of children when they are born. For children born abroad taken to reside in Vietnam, this procedure has a few differences. We will provide you with instructions in this case!
Simply, it can be understood that a child born abroad is a child born outside the territory of Vietnam due to current living or working conditions of his or her parents. A child may:
The birth of a child born abroad may have been registered by his/her parents at the host state when he or she was born. Or, his or her birth may not have been registered, in which case when he or she is taken to reside in Vietnam, as the case may be, the procedures for birth registration will be different.
A child born abroad whose birth has not been registered with Vietnamese representative mission in a foreign country, after being taken to reside in Vietnam, should proceed with birth registration procedure. Pursuant to Clause 1, Article 29 of Decree No. 123/2015/ND-CP providing the guidelines on Civil Status Law 2014, “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. ”
There are two cases in which a child has no birth registration in a foreign country:
Case 1: Having a certificate of birth. Documents and procedures for birth registration are as follows:
The declarant should present and submit following application documents:
Case 2: Having no certificate of birth nor any supporting document that the child was born abroad and having mother and child relationship.
If there is no certificate of birth or other documents issued by the competent authority of the foreign country upon the delivery, proceed with registration of birth for the child in accordance with the procedures set out in Clause 5, Article 15 of Decree No. 123/2015/ND-CP: “Procedures for birth registration for children with unidentified parents other than those who are abandoned shall be consistent with Clause 3 Article 14 hereof; the phrase “children with unidentified parents” shall be specified in the vital records”.
In case of co-registration of birth, the declarant must also present supporting documents that the child is residing in Vietnam, such as passport, international travel documents with entry certification stamp by the immigration authority, as well as written certification by competent public security to the effect that the child is residing in Vietnam.
A child born abroad with birth registration at a foreign representative mission, upon being taken to reside in Vietnam, is not required to have birth registration in Vietnam. To be recognized by Vietnamese laws, parents need to perform the procedures as required for entry into the civil status books that the child was born abroad as specified in Article 55 of Civil Status Law 2014 as follows: “Cases for entry into civil status books and competence to make entries into civil status books. 1. Vietnamese citizens that have registered following matters with foreign competent authorities: birth registration; marriage; acknowledgment of father, mother, child; adoption of child, upon returning to Vietnam for permanent residence, must complete the procedures for entry into civil status books as specified herein”…. And “Department of Justice where related parties are residing shall make entries in civil status books.”
The declarant that requests for an entry into the civil status book prepares a set of documents, including:
We have provided you with instructions on the procedures for registration and declaration of birth for a child born abroad taken to reside in Vietnam. For more detailed instructions, please contact us: letran@familylawyers.vn .
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Fill up the form and our lawyers will get back to you as soon as possible. And you can always
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Ward 10, Phu Nhuan District, Ho Chi Minh City
Unit 615-4, Level 6, Me Linh Point Tower 2 Ngo Duc Ke, District 1,
Ho Chi Minh City
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