What are the procedures for birth registration for children born abroad and taken to reside in Vietnam?
- When will children born abroad and taken to reside in Vietnam be entitled to have their birth registered?
- What are the documents to be presented or submitted when registering birth for children born abroad and taken to reside in Vietnam?
- What are the procedures for birth registration for children born abroad and taken to reside in Vietnam?
When will children born abroad and taken to reside in Vietnam be entitled to have their birth registered?
Pursuant to Article 35 of the Law on Civil Status 2014 stipulates the authority to register births as follows:
District-level People's Committees of places of residence of fathers or mothers shall register birth for children in the following cases:
1. Children born in Vietnam:
a/ Having a parent being a Vietnamese citizen and the other being a foreigner or a stateless person;
...
d/ Having both parents being foreigners or stateless persons.
2. Children born abroad with their birth not yet registered abroad and taken to reside in Vietnam:
a/ Having both parents being Vietnamese citizens;
b/ Having a parent being a Vietnamese citizen."
Accordingly, district-level People's Committees of places of residence of fathers or mothers shall register birth for children, whose parent or both parents are Vietnamese, born abroad with their birth not yet registered abroad, and taken to reside in Vietnam. Compared with this regulation, you can register the birth of your child at the District-level People's Committees of your place of residence.
Birth registration (Image from the Internet)
What are the documents to be presented or submitted when registering birth for children born abroad and taken to reside in Vietnam?
Pursuant to Clause 2, Article 29 of Decree 123/2015/ND-CP stipulates:
"2. 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."
According to Clause 1, Article 7 of Circular 04/2020/TT-BTP stipulating:
"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."
Accordingly, the application for birth registration for children, whose parent or both parents are Vietnamese, born abroad with their birth not yet registered abroad, and taken to reside in Vietnam must comply with the above provisions.
What are the procedures for birth registration for children born abroad and taken to reside in Vietnam?
Pursuant to Article 36 of the Law on Civil Status 2014 stipulates:
"Article 36. Birth registration procedures
1. Birth registrants shall submit the papers specified in Clause 1, Article 16 of this Law to the civil status registration agency. In case either parent is or both parents are foreigner(s), a document on the agreement of the parents on the selection of citizenship for their child.
If the parents choose a foreign citizenship for their child, their agreement document must contain certification of a competent foreign state agency of which they are citizens.
2. Immediately after receiving the papers specified in Clause 1 of this Article, if seeing that the birth declaration information is complete and proper, the civil status officer shall record the birth declaration contents prescribed in Article 14 of this Law in the civil status book; for a child having a foreign citizenship, the civil status officer shall not record the content prescribed at Point c, Clause 1, Article 14 of this Law.
The civil status officer and birth registrant shall both sign in the civil status book. The district-level Justice Division shall report to the chairperson of the district-level People's Committee to grant a birth certificate to the person whose birth is registered.
3. The Government shall stipulate birth registration procedures for the cases prescribed in Clause 2, Article 35 of this Law."
Pursuant to Clause 4, Article 29 of Decree 123/2015/ND-CP stipulates:
"Article 29. Birth registration for children born abroad and taken to reside in Vietnam
4. 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."
Birth registration for children born abroad must comply with the above provisions.
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