What are regulations on dossiers for registering to adopt a child without marriage registration in Vietnam? If I lose my marriage certificate, can I buy land in Vietnam?

If I lose my marriage certificate, can I buy land in Vietnam?

My wife and I got married in 2013, however the original marriage certificate was lost and could not be found, only a notarized copy remained, and on the household registration book, both husband and wife had the same household registration book and showed our relationship. My wife and I currently need to buy a piece of land in Co Loa, Dong Anh. Can I do the notary procedures to buy the land?

Reply:

Currently, when carrying out procedures for buying and selling land to prove property rights, the competent authority always requires the couple to provide a marriage registration certificate. But in reality, there are many cases where husband and wife lose their marriage certificate. Therefore, to carry out notarization procedures for buying and selling land, you need to take the additional step of applying for an extract copy of the marriage registration at the commune-level People's Committee.

Documents to be provided when extracting civil status:

Pursuant to the provisions of Article 2 of Decree 123/2015/ND-CP, regulations on presentation/submission of applications for civil status registration, issuance of copies of civil status documents:

1. An applicant for civil status registration or issuance of copies of civil status documents shall present the original of one of the following documents: passport, ID card, or another document containing photo and personal information that has been issued by a competent authority and remaining valid (hereinafter referred to as identity paper) for the identity verification purpose.

In the transitional stage, the applicant for civil status registration shall present documents proving his/her place of residence.

Procedures for issue of civil status extract copies are prescribed in Article 64 of the 2014 Civil Status Law as follows:

1. Requesters for issue of civil status extract copies may directly or through representatives send declarations, made according to a set form, to the civil status database-managing agency.

In case a competent agency or organization requests issue of a civil status extract copy of an individual, it shall send a written request clearly stating the reason to the civil status database-managing agency.

2. Immediately after receiving a request, if seeing that the prescribed conditions are fully met, the civil status database-managing agency shall issue a civil status extract copy to the requester.

What are regulations on dossiers for registering to adopt a child without marriage registration in Vietnam? If I lose my marriage certificate, can I buy land in Vietnam? (Image from the Internet)

If I have not yet registered my marriage, can I still register my child's birth in his father's permanent residence in Vietnam?

Let me ask, I lost my birth certificate and only have my hospital discharge certificate, can I still register my child's birth? I have not registered my marriage yet, and want to register my child's birth where my child's father has permanent residence?

Reply:

According to Clause 1, Article 16 of the 2014 Civil Status Law, it is stipulated:

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.

So, if you do not have a birth certificate, you must submit a document from a witness confirming the birth. If there is no witness, you must have a written statement confirming the birth. Just add these documents instead of the birth certificate and you can still register your child's birth in Vietnam.

According to regulations, making a birth certificate is done at the People's Committee of the commune, ward or town (referred to as the Commune People's Committee) at the place of residence (permanent or temporary residence) of the father or mother.

Because you have not registered your marriage, the father-child relationship cannot be determined. If you want to register your child's birth in the place where the child's father has permanent residence, the father must go through procedures to recognize father and child to establish paternity. When there is evidence that the two people are related by blood, the competent authority will accept birth registration at the place where the baby's father has permanent residence.

What are regulations on dossiers for registering to adopt a child without marriage registration in Vietnam? 

Let me ask, my girlfriend and I have been living together for 3 years and have a baby who is now almost 2 years old. We have not registered our marriage yet. I want to adopt my child, is it possible? If so, how do I need to prepare the documents?

Reply:

Article 91 of the 2014 Law on Marriage and Family stipulates right to recognize children as follows:

1. A parent has the right to recognize his/her child even in case this child has died.

2. A married person may recognize his/her child without consent of his/her spouse.

According to this regulation in Vietnam, if the parents have not registered their marriage, they can absolutely adopt the child if they wish.

According to the provisions of Clause 1, Article 25 of the 2014 Civil Status Law, you need to prepare documents to register a child, including the following documents:

- Declaration for registration of recognition of father, mother, and child according to the form;

- Evidence proving the father-child relationship;

+ Document from a medical agency, assessment agency or other competent agency at home or abroad confirming the father-child relationship or mother-child relationship.

+ In case there is no document mentioned above, there must be letters, films, tapes, discs, utensils and other items proving the father-child relationship, mother-child relationship and a written commitment from the father and mother about the fact that the child is the common child of two people must be witnessed by at least two relatives of the father and mother.

- Child's birth certificate (copy);

- Identity card/Citizen identification card (copy) of the person requesting to recognize father, mother, or child;

- Household registration book (copy).

It should be noted that when registering to recognize father, mother, and child, all parties must be present.

Best regards!