Is it mandatory to include both the father's and mother's names on the child's birth certificate in Vietnam?
Is it mandatory to include both the father's and mother's names on the child's birth certificate in Vietnam?
Based on Article 14 of the Law on Civil Status 2014 on the contents of birth registration:
Article 14. Contents of Birth Registration
- Contents of birth registration include:
a) Information of the person being registered: Surname, middle name, and given name; gender; date, month, year of birth; place of birth; native place; ethnicity; nationality;
b) Information of the father and mother of the person being registered: Surname, middle name, and given name; year of birth; ethnicity; nationality; place of residence;
c) Personal identification number of the person being registered.
- The determination of nationality, ethnicity, and surname of the person being registered is conducted according to the regulations of the laws on Vietnamese nationality and civil laws.
- The contents of birth registration stipulated in clause 1 of this Article are considered basic civil status information of an individual, recorded into the Civil Status Registry, Birth Certificate, updated into the Electronic Civil Status Database, and the National Population Database. The personal records and documents relating to birth information must conform to the contents of the birth registration of that person.
The Government of Vietnam regulates the issuance of personal identification numbers for the individual being registered.
According to the above regulations, the birth registration content includes information about the father and mother of the person being registered. However, in cases where the father or mother is not yet determined, it falls into three scenarios (according to Article 15 of Decree 123/2015/ND-CP):
[1] If the father's identity has not been determined: The section on the father in the Civil Status Register and the child's Birth Certificate is left blank;
[2] If the mother's identity has not been determined: The section on the mother in the Civil Status Register and the child's Birth Certificate is left blank;
[3] If neither the father nor the mother can be determined: The sections on father, mother, and ethnicity of the child in the Birth Certificate and Civil Status Register are left blank; in the Civil Status Register, it is noted “Child's father and mother not determined."
Thus, a child's Birth Certificate is not required to include both the father's and mother's names; it may contain only the father's name, only the mother's name, or neither.
Is it mandatory to include both the father's and mother's names on the child's birth certificate in Vietnam? (Image from the Internet)
Who is responsible for birth registration in Vietnam?
Pursuant to Article 15 of the Law on Civil Status 2014 on responsibility for birth registration:
Article 15. Responsibility for Birth Registration
- Within 60 days from the date of birth, the father or mother is responsible for registering the birth of the child. If the father or mother cannot register the birth, then the grandparents, other relatives, or individuals, organizations currently caring for the child are responsible for registering the birth of the child.
- Civil status judicial officers are responsible for regularly checking and urging the registration of births in their respective areas within the prescribed timeframe; if necessary, mobile birth registration is carried out.
The father or mother has the responsibility to register the birth of the child. If they cannot, the grandparents, other relatives, or individuals, organizations currently caring for the child must register the child's birth.
What documents and materials are required to prove the parent-child relationship in Vietnam?
Pursuant to Article 14 of Circular 04/2020/TT-BTP on evidence proving the parent-child relationship:
Article 14. Evidence Proving Parent-child Relationship
Evidence to prove the parent-child relationship as stipulated in clause 1 of Article 25 and clause 1 of Article 44 of the Law on Civil Status includes one of the following documents or materials:
- Documentation from healthcare, assessment agencies, or other competent agencies or organizations domestically or abroad confirming the father-child or mother-child relationship.
- In cases where evidence proving the parent-child relationship as stated in clause 1 is not available, the parties involved may prepare a sworn statement about the parent-child relationship according to the provisions of Article 5 of this Circular, with at least two witnesses to the parent-child relationship.
Thus, documents or materials proving the parent-child relationship include:
- Documentation from healthcare, assessment agencies, or other competent agencies or organizations domestically or abroad confirming the father-child or mother-child relationship.
- A sworn statement about the parent-child relationship with at least two witnesses.
