According to the Law on Children 2016, children have the right to birth registration, death registration, have a surname, name, and nationality. According to current regulations, every child must be registered for birth immediately after birth, must have a name and nationality. However, for various reasons, determining nationality and registering birth for children encounters many difficulties and shortcomings, especially for children born abroad.
In recent years, the practice of Vietnamese brides marrying foreign husbands has become increasingly familiar to many families. However, not all marriages are successful. After a period of living in a foreign land but not finding happiness, many brides have returned to Vietnam with their children – hybrid children born on foreign soil. Due to language barriers and the mother’s identification documents, many hybrid children, upon returning to Vietnam, have yet to be registered for birth and face significant difficulties regarding procedures, especially when their father is a foreigner...
Not having a birth certificate and Vietnamese nationality means that a child cannot benefit from health insurance policies for medical treatment for children under six years old; they cannot attend school when they reach school age; and it significantly affects the child’s legal rights and interests as they grow up,...
According to current regulations, children born abroad and residing in Vietnam are to be registered for birth by the People's Committee of the district or town where the father, mother, or both parents, who are Vietnamese citizens, reside if the child was born abroad and has not yet been registered for birth.
Documents include:
- Declaration form per the prescribed template.- Original birth certificate. In the absence of a birth certificate, a witness’s written confirmation of the birth must be submitted. If there is no witness, an affidavit regarding the birth must be provided.- For children born abroad, submit the birth certificate or other documents issued by foreign competent authorities confirming the child’s birth abroad and the mother-child relationship (if any).- If the father or mother, or both father and mother, are foreigners, the written agreement of the parents regarding the child's nationality must be submitted.- If the parents choose foreign nationality for the child, the agreement document must have confirmation from the competent foreign authority where the individual holds citizenship.
* If authorizing someone to register the birth: Authorization documents per the legal regulations.
* Documents to be presented:
- The marriage certificate of the child’s parents (if the parents are married);- Identification documents (including passport, identity card, citizen identification card, or other documents with a photo and personal information issued by a competent authority, still valid);- Proof of residence of either the father or mother;- For children born abroad residing in Vietnam, present documents proving the child's entry (passport, travel document with an entry stamp from the immigration authority) and documents proving the child's residence in Vietnam (confirmation document from the police authority);- If sending documents by post, certified copies of the documents to be presented must be included.
Legal basis:
♦ Law on Marriage and Family 2014
- Quynh Duong -
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