Is it possible for parents, who do not registered marriage, register the birth of their child in Vietnam?

1. Is it possible for parents, who do not registered marriage, register the birth of their child in Vietnam?

According to Article 30 of the Civil Code of Vietnam 2015:

Right to Birth Registration and Death Registration

1. Every individual from birth has the right to birth registration.

2. Every individual upon death must be registered for death.

3. If a child is born and lives for twenty-four hours or more before passing away, the child must be registered for both birth and death. If the child lives less than twenty-four hours, birth and death registration is not required, unless the biological father or mother requests it.

4. Birth and death registration is governed by civil status law.

Children at birth have the right to birth registration. Therefore, in Vietnam, parents who are not married can still fully register their child's birth.

2. How to register a child's birth if the parents are not married?

Pursuant to Article 15 of the Vietnamese Civil Status Act 2014, the responsibility for registering a child's birth is as follows:

- Within 60 days from the date of birth, the father or mother is responsible for registering the child's birth; if the parents cannot register the birth, then the grandparents, other relatives, or individuals and organizations raising the child are responsible for registering the birth.

- Civil status - registrar officials must regularly check and urge the registration of children's births within the allocated time; in necessary cases, mobile birth registration can be carried out.

Thus, within 60 days from the child's birth, the father or mother is responsible for registering the birth; if the parents are unable to register the child's birth, then the grandparents or other close relatives will be responsible.

In cases where the parents are not married, by principle, the child is considered to have no determined father. According to Article 15 of Decree 123/2015/ND-CP, during birth registration, the child's surname, ethnicity, native place, and nationality are determined based on the mother's information. The father's section in both the Civil Status Register and the child's Birth Certificate will be left blank.

If it's desired to list the father's name on the birth certificate for the child to take the father's surname, the procedure for acknowledging paternity must first be completed. This procedure is regulated by Article 25 of the Vietnamese Civil Status Act 2014 as follows:

Step 1: Submit the application

The requester of the paternity acknowledgment submits the application to the civil status registration authority. The application includes:

- Birth registration form, paternity acknowledgment registration form as per the prescribed template;

- Evidence proving the father-child relationship, consisting of one of the following documents:

+ A document from a medical agency, assessment agency, or other competent agency or organization in the country or abroad confirming the father-child relationship;

+ A statement affirming the father-child relationship if there is no document from a competent agency confirming the relationship, witnessed by at least two people.

When registering for paternity acknowledgment, all parties must be present.

Step 2: Return the results

- Within 03 working days from the receipt of all prescribed documents in Clause 1 of this Article, if the paternity acknowledgment is deemed correct and uncontested, the civil status - registrar official records it in the Civil Status Register. Both the registrar and the requester sign the Civil Status Register and report to the Chairman of the People's Committee at the commune level to issue an excerpt to the requester.

- If verification is necessary, the deadline extends by no more than 05 working days.

After completing the paternity acknowledgment procedure, the parents proceed with the birth registration for the child. This procedure is stipulated in Article 16 of the Vietnamese Civil Status Act 2014 as follows:

- The individual registering the birth submits the prescribed form and the birth notification to the civil status registration authority. If there is no birth notification, a confirmation document from a witness to the birth may be submitted; if there are no witnesses, a sworn statement of the birth is required.

- Immediately upon receiving the required documents, if the information is complete and appropriate, the civil status - registrar official records the birth details in the Civil Status Register; updates the electronic civil status database and the national population database to generate a personal identification number.

The civil status - registrar official and the individual registering the birth sign the Civil Status Register. The Chairman of the People's Committee at the commune level issues the Birth Certificate to the registered individual.

The child's birth certificate will then include complete information of both the father and the mother.

Respectfully!

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