What are steps to follow in birth registration procedures for a child without marriage registration in Vietnam?
What are steps to follow in birth registration procedures for a child without marriage registration in Vietnam? - Question from Mr. Khai (Binh Duong).
Can I register birth certificate for my child without registering my marriage in Vietnam?
Article 30 of the 2015 Civil Code stipulates the right to declare birth and death as follows:
Right to declaration of birth and death
1. When an individual is born, he/she has the right to have his/her birth declared.
2. When an individual dies, he/she has the right to have his/her death declared.
3. If a newborn dies after 24 hours or later from the time of birth, his/her birth and death must be declared; if he/she dies under 24 hours from the time of birth, his/her birth and death are not required to be declared, unless his/her biological father or mother request.
4. The declaration of birth and death shall be prescribed in by law on civil status affairs.
Thus, individuals from birth have the right to have their birth registered. Therefore, when parents do not register their marriage, the child will still have a birth certificate in Vietnam.
What are steps to follow in birth registration procedures for a child without marriage registration in Vietnam?
Article 16 of the 2014 Law on Civil Status stipulates procedures for making a birth certificate for a child at the commune-level People's Committee as follows:
Birth registration procedures
1. Birth registrants shall submit declarations made according to a set form and birth certification papers to the civil status registration agency. If having no birth certification paper, a document of a witness certifying the birth shall be submitted; if there is no witness, there must be a written pledge of the birth; for birth registration for abandoned children, there must be a written record certifying the child’s abandonment made by a competent agency; for birth registration for children born by surrogate mothers, there must be a document proving the surrogacy as prescribed by law.
2. Immediately after receiving full papers specified in Clause 1 of this Article, if seeing that the birth declaration is complete and proper, justice and civil status officers shall record birth registration contents under Clause 1, Article 14 of this Law in the civil status books and update them in the electronic civil status database and the national population database for getting personal identification numbers.
Justice and civil status officers and birth registrants shall together sign in the civil status books. Chairpersons of commune-level People's Committees shall grant birth certificates to birth registrants.
3. The Government shall stipulate in detail the birth registration for abandoned children and children whose parents have not yet been identified due to surrogacy; and the determination of native places for abandoned children and children with unidentified parents.
Article 36 of the 2014 Law on Civil Status stipulates procedures for making birth certificates for children at district-level People's Committees as follows:
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.
Thus, the procedure for making a birth certificate for a child in Vietnam without a marriage registration is carried out as follows:
Case 1: Birth registration when both parents are Vietnamese citizens is done at the Commune People's Committee where the father or mother resides.
- Step 1: The person registering birth registration submits the declaration according to the prescribed form and birth certificate to the civil status registration agency;
- Step 2: Immediately after receiving all documents, the civil status officer records the birth certificate in the civil status book; Update the electronic civil status database and the national population database to get the Personal Identification Number;
- Step 3: The civil status and justice officer and the person registering the birth together sign the civil status book;
- Step 4: The Chairman of the Commune People's Committee issues a Birth Certificate to the person whose birth is registered.
Case 1: Registration of birth of a child with foreign elements is done at the district People's Committee.
- Step 1: The person registering birth submits the required documents to the civil status registration agency
In case the father and mother are foreigners, a written agreement between the parents on choosing nationality for the child must be submitted.
- Step 2: Immediately after receiving all documents, the civil status officer records the birth registration information in the civil status book, except for the personal identification number;
- Step 3: The civil status officer and the person registering the birth together sign the civil status book;
- Step 4: The Justice Department reports to the Chairman of the District People's Committee to issue a Birth Certificate to the person whose birth is registered.
How many days after giving birth do I need to register my child's birth in Vietnam?
Article 15 of the 2014 Law on Civil Status stipulates responsibility for birth registration as follows:
Birth registration responsibility
1. Within 60 days after the birth of their child, the father or mother shall register the child’s birth; if the parents are unable to register their child’s birth, the grandfather or grandmother or another relative or the individual or organization that is nurturing the child shall register his/her birth.
2. Justice and civil status officers shall regularly examine and urge the birth registration for children in their localities within the prescribed time limit; in case of necessity, mobile birth registration may be made.
Thus, parents must register their child's birth within 60 days after the birth in Vietnam.
In case the father or mother cannot register the child's birth, the grandparent or other relative or individual or organization raising the child will register the child's birth in Vietnam.
Best regards!
