In which cases does the district-level People's Committee perform birth registration with foreign elements in Vietnam?
- In which cases does the district-level People's Committee perform birth registration with foreign elements in Vietnam?
- What are the issues to keep in mind when submitting a birth registration application with foreign elements in Vietnam?
- What is the time limit for processing birth registration procedures with foreign elements at the district level?
In which cases does the district-level People's Committee perform birth registration with foreign elements in Vietnam?
According to specific instructions in subsection 1, Section A, Part II, administrative procedures promulgated together with Decision No. 528/QD-BTP in 2023 stipulating as follows:
- The district-level People's Committee of the place where the father or mother resides shall register the birth of a child born in Vietnam in the following cases:
+ One parent is a Vietnamese citizen and the other is a foreigner or stateless person.
+ One parent is a Vietnamese citizen residing in the country and the other is a Vietnamese citizen residing abroad.
+ Father and mother are Vietnamese citizens residing abroad.
+ Father and mother are foreigners or stateless people.
- The People's Committee of the district where the child resides, whose father or mother or both parents are Vietnamese citizens, shall register the birth of children born abroad, who have not yet been carried out the birth registration and reside in Vietnam.
In which cases does the district-level People's Committee perform birth registration with foreign elements in Vietnam?
What are the issues to keep in mind when submitting a birth registration application with foreign elements in Vietnam?
According to specific instructions in subsection 1, Section A, Part II, administrative procedures promulgated together with Decision No. 528/QD-BTP in 2023 stipulating as follows:
Persons who require birth registration must prepare the following documents:
- A birth registration declaration form (if the requester chooses to submit the application in person);
- Interactive electronic birth registration form (by the requester providing information according to the instructions on the Public Service Portal, if the requester chooses to submit the application in the online form);
- Persons requesting birth registration shall submit/present (in person) or upload (online form) the following documents:
(1) Documents to be submitted:
- Birth certificate.
If the birth certificate is not available, it shall be replaced with: the witness's document certifying the birth; if there is no witness's document, the written commitment about the birth shall be replaced;
In case the child is born in a foreign country, the birth certificate or other paper issued by a foreign competent authority certifying the child's birth abroad and the mother-child relationship;
+ In case the father or mother or both parents are foreigners, the written agreement of the parents on the selection of nationality for the child must be submitted. In case a parent chooses a foreign nationality for their child, in addition to the written agreement on nationality selection, there must also be a certification by the competent authority of the country where the child is selected to hold the nationality of the child's nationality in accordance with the laws of that country;
+ Power of attorney (certified) as prescribed by law in case of authorization to carry out birth registration. In case the person going to register the birth of a child is a grandfather, grandmother or other relative, a written authorization from the child's parents is not required, but must agree with the child's parents on the content of birth registration;
(2) Documents to be presented:
- Passport or ID card or citizen identification card or other papers with photos and personal information issued by a competent authority, valid for use to prove the identity of the person requesting birth registration. In case the personal information in these documents is already in the National Registry of the VDC, the electronic civil status database and is automatically filled in by the system, it is not necessary to upload it (in the online form);
- Valid papers to prove information about residence in case the civil status registration agency is unable to exploit information about the citizen's place of residence by the methods specified in Clause 2, Article 14 of Decree No. 104/2022/ND-CP dated December 21, 2022 of the Government. In case the information on documents proving residence has been extracted from the National Population Database by these methods, the requester is not required to present (in direct form) or download up (in online form).
- Marriage certificate if parents have registered their marriage. In case there is already information about the marriage of parents in the electronic database, the national database, it is not required to present (in direct form) or upload (in the online form);
- Papers proving the children's lawful entry into Vietnam (such as passports, papers with international travel value, stamped entry confirmation of the immigration authorities) and documents certification by a competent police agency that the child is residing in Vietnam in the case of children born abroad, whose parents are Vietnamese citizens or both parents are Vietnamese citizens, and have not yet been born abroad, and reside in Vietnam.
In case the application is sent via the postal system, it must be enclosed with certified copies of the documents to be presented above.
Note the following issues when submitting a birth registration application with foreign elements:
- For submitted documents, to present if the requester submits the dossier in person:
+ The receiver is responsible for checking and comparing with the information in the declaration, taking a photo or recording the information for storage in the file and returning it to the presenter, no copies or photocopies of the document are required.
+ The civil status registration requester may submit a certified true copy from the original or a copy issued from the original book or a photocopy enclosed with the original papers for comparison. In case the requester submits a photocopy enclosed with the original document, the receiver is responsible for checking and comparing the photocopy with the original and signing for certification.
+ The recipient is responsible for properly and fully receiving civil status registration dossiers in accordance with the civil status law, and must not require civil status registrants to submit additional papers which are not required by civil status law to be submitted.
- For attached documents if the requester submits the application online:
+ Photocopies of documents attached to the online birth registration application must be clear, complete, and complete in terms of content, taken with a camera or phone, or taken or scanned by an electronic device, from validly issued papers that are still valid.
+ In case the papers and documents that must be enclosed in the online birth registration application already have an electronic copy or have an electronic copy of the civil status document, the requester may use this electronic copy.
+ When going to the civil status registrar to receive the results (birth certificate/copy of birth certificate), the person requesting birth registration must submit the original birth certificate; present identification documents; the original Marriage Certificate (if the young parents have registered their marriage and the marriage information is not available in the National database on population, electronic civil status database).
Papers issued, notarized or certified by a competent authority of a foreign country for use in civil status registration in Vietnam must be consularly legalized in accordance with law, except for cases exempted under international treaties to which Vietnam is a signatory.
- In case the birth registration requester fails to provide the above-mentioned papers as prescribed, or the submitted or presented papers are erased, modified or forged, the civil status registration agencies have the authority to cancel birth registration results.
- For determining surname, ethnicity, hometown, naming children:
+ The identification of family names, ethnicities, and naming of children must be in accordance with the law and the requirements of preserving the fine national identity, customs, and cultural traditions of Vietnam; do not name too long, difficult to use.
+ In case the parents cannot agree on the child's family name, ethnicity, and hometown upon birth registration, the child's family name, ethnicity and hometown shall be determined according to custom, but must follow the family name, ethnicity, and hometown of father or mother.
What is the time limit for processing birth registration procedures with foreign elements at the district level?
Pursuant to Section 1, Part A, administrative procedures promulgated together with Decision No. 528/QD-BTP in 2023 stipulating as follows:
Time limit for settlement: Right on the day of receiving the application; In case the application is received after 15 hours and cannot be resolved immediately, the results will be returned in the next working day.
Thus, the time limit for processing birth registration procedures with foreign elements at the district level is within the same day. If the application is received after 15 hours and cannot be resolved immediately, the result must be returned in the next working day.
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