Can I register my child's birth in Vietnam whose mother is unidentified?

1. Can I register my child's birth in Vietnam whose mother is unidentified?

In Article 15 of Decree 123/2015/ND-CP, there are regulations on birth registration for children with unidentified parents as follows:

1. The People’s Committee of commune where the child resides shall apply for birth registration for the child with unidentified parents.

2. If a child’s father is unidentified, the family name, race, native place, nationality of the child in the application for birth registration shall be determined according to respective information of his/her mother; the child’s father section in vital records and birth certificate shall be left blank.

3. If the father, at the time of application for birth registration, applies for recognition of father-child relationship as prescribed in Clause 1 Article 25 of the Law on civil status, the People’s Committee shall both process the recognition and birth registration; birth registration contents shall be determined as prescribed in Clause 1 Article 4 of this Decree.

4. In case of a child whose mother is unidentified, if his/her child applies for both birth registration and recognition of parent-child relationship, Clause 3 of this Article shall apply; the child’s mother section in the vital records and birth certificate shall be left blank.

5. Procedures for birth registration for children with unidentified parents other than those who are abandoned shall be consistent with Clause 3 Article 14 hereof; the phrase “children with unidentified parents" shall be specified in the vital records.

According to current regulations, you can register birth for your child without his mother's name. When birth registration, you need to carry out procedures to receive your child at the commune-level People's Committee in Vietnam.

2. Is it compulsory for parents to register their child's birth in Vietnam?

Article 15 of the Law on Civil Status 2014 regulates birth registration responsibility as follows:

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.

According to this Article, the law does not require parents to register the birth of their children. Grandparents or other relatives or individuals or organizations that are raising children can also register birth for children in Vietnam.

3. What are regulations on birth registration for abandoned children in Vietnam?

In Article 14 of Decree 123/2015/ND-CP, there are provisions on birth registration for abandoned children in Vietnam as follows:

1. Any person who detects an abandoned child shall protect the child and immediately notify the People’s Committee or police authority of the commune where such child is abandoned. If a child is abandoned at a health facility, the health facility’s head shall be responsible for giving notice.

As soon as practicable after receiving such notice, the President of People’s Committee of commune or chief police of commune shall make a report on the abandonment; and then the People’s Committee of commune shall give the child to an individual or organization in charge of temporary rearing as prescribed by law.

The report shall specify the time when and place where an abandoned child is found; his/her identity namely sex, body condition, health condition; his/her assets or objects, if any; full name, identification card, place of residence of the finder. The report shall bear signatures of the person making the report, the finder, the witness (if any) and the seal of the authority from which the report is made.

The report shall be made in two copies; one copy shall be archived at the authority from which it is made, and the other shall be sent to the individual or organization in charge of temporary rearing.

2. After making the report as prescribed in Clause 1 of this Article, the People’s Committee of commune shall post up a notice of abandonment publicly at its headquarters within 7 consecutive days.

3. Upon expiration of posting time limit, if the parents’ child has still been unidentified, the People’s Committee of commune shall notify the individual or organization in charge of temporary rearing of birth registration for the child. The individual or organization in charge of temporary rearing shall apply for birth registration for the child. Procedures for birth registration shall be consistent with Clause 2 Article 16 of the Law on civil status.

The child’s full name shall be determined as prescribed by civil law. If there are not substantial grounds for determine the child's date of birth or place of birth, the date on which he/she is found abandoned shall be considered as the day and month of birth; the year of birth shall be determined according to the child’s body condition; place of birth is where the child is found abandoned; native place is determined according to place of birth; and nationality is Vietnamese. The section of child’s parents and race in the birth certificate and vital records shall be left blank and the phrase “abandoned child” shall be specified in the vital records.

According to this Article, the case of abandoned children will be registered for birth according to the above provisions in Vietnam.

Best Regards!