Can children of foreigners register for birth in Vietnam?
Can children of foreigners register for birth in Vietnam?
Based on Article 35 of the Law on Civil Status 2014 which stipulates the authority to register birth in Vietnam:
Article 35. Authority to register birth
The district-level People's Committee at the residence of the father or mother shall register birth for children in the following cases:
1. Children born in Vietnam:
a) Having a father or mother who is a Vietnamese citizen and the other is a foreigner or stateless;
b) Having a father or mother who is a Vietnamese citizen residing in the country and the other is a Vietnamese citizen settled abroad;
c) Having both parents who are Vietnamese citizens settled abroad;
d) Having both parents who are foreigners or stateless;
2. Children born abroad who have not been registered for birth and reside in Vietnam:
a) Having both parents who are Vietnamese citizens;
b) Having a father or mother who is a Vietnamese citizen.
According to the above regulations, a child of foreigners (both parents being foreigners) born in Vietnam can be registered for birth at the district-level People's Committee.
Can children of foreigners register for birth in Vietnam? (Image from the Internet)
Procedure for Registering the Birth of a Foreigner's Child
Based on Article 36 of the Law on Civil Status 2014 which stipulates the procedure to register a birth:
Article 36. Procedure to Register a Birth
- The person applying for birth registration must submit documents as prescribed in Clause 1, Article 16 of this Law to the civil registration agency. In cases where the father or mother or both parents are foreigners, they must submit a written agreement of the parents regarding the choice of nationality for the child.
In cases where the parents choose a foreign nationality for the child, the written agreement must be certified by the competent foreign authority where that person is a citizen.
- Immediately after receiving the prescribed documents in Clause 1 of this Article, if the birth information is complete and appropriate, the civil status official shall record the birth information in the Civil Status Book as prescribed in Article 14 of this Law; for children with foreign nationality, the information specified at Point c, Clause 1, Article 14 of this Law shall not be recorded.
Both the civil status official and the person applying for birth registration must sign the Civil Status Book. The Justice Office reports to the Chairman of the district-level People’s Committee to issue a Birth Certificate to the person being registered.
- The Government of Vietnam stipulates the birth registration procedure for cases specified in Clause 2, Article 35 of this Law.
Thus, the procedures for registering the birth of a foreigner's child in Vietnam are carried out as follows:
Step 1: Submit the application
The person applying for birth registration submits the birth registration documentation to the civil registration agency.
In cases where the father or mother or both parents are foreigners, they must submit a written agreement of the parents regarding the choice of nationality for the child.
In cases where the parents choose a foreign nationality for the child, the written agreement must be certified by the competent foreign authority where that person is a citizen.
Step 2: Record the birth information in the Civil Status Book
The civil status official records the following birth information in the Civil Status Book:
- Information of the person being registered for birth: Last name, middle name, and first name; gender; date, month, year of birth; place of birth; hometown; ethnicity; nationality
- Information of the parents of the person being registered for birth: Last name, middle name, and first name; year of birth; ethnicity; nationality; place of residence
Step 3: Both the civil status official and the person applying for birth registration sign the Civil Status Book.
Step 4: The Justice Office reports to the Chairman of the district-level People’s Committee to issue a Birth Certificate to the person being registered.
What Principles Must Be Followed in Naming a Child for Birth Registration in Vietnam?
Based on Article 6 of Circular 04/2020/TT-BTP which stipulates the content of birth registration:
Article 6. Content of Birth Registration
The content of birth registration is determined according to the provisions of Clause 1, Article 14 of the Civil Status Law, Clause 1, Article 4 of Decree No. 123/2015/ND-CP, and the following instructions:
- Determining the surname, ethnicity, and giving names to children must comply with the law and requirements to preserve the national identity, customs, and good cultural traditions of Vietnam; names must not be excessively long and difficult to use.
- In cases where the parents cannot agree on the surname, ethnicity, or hometown of the child during birth registration, these shall be determined according to customs but must ensure the surname, ethnicity, and hometown of either the father or mother.
Thus, the principles for naming a child for birth registration in Vietnam are as follows:
- Suitable with the law and requirements to preserve the national identity, customs, and good cultural traditions of Vietnam; names must not be excessively long and difficult to use.
- If the parents cannot agree on the child's surname at the time of birth registration, the child's surname shall be determined according to customs but must ensure it follows the surname, ethnicity, and hometown of either the father or the mother.
