The Minister of Justice has signed and issued Circular 04/2020/TT-BTP detailing the implementation of certain articles of the Civil Status Law 2014 and Decree 123/2015/ND-CP detailing the implementation of certain articles and measures of the Civil Status Law.
According to Circular 04/2020/TT-BTP, the dossier for birth registration for children born abroad, with either parent being a Vietnamese citizen or both parents being Vietnamese citizens, who have not been registered for birth registration abroad and have returned to reside in Vietnam, shall be implemented according to the provisions of Article 29 Decree 123/2015/ND-CP and the following guidelines:
Guidelines for the dossier for birth registration for children born abroad (illustrative image)
- Documents proving that the child has legally entered and is residing in Vietnam according to the provisions of Clause 2, Article 29 Decree 123/2015/ND-CP include: documents proving that the child has legally entered Vietnam (such as: passport, international travel documents with entry confirmation stamps of the immigration authority) and a written confirmation from the competent police authority of the child’s residence in Vietnam.
- The determination of Vietnamese nationality for the child when registering the birth is carried out according to the provisions of Vietnamese law on nationality.
In the case where the parents choose foreign nationality for the child when registering the birth, in addition to the written agreement choosing the nationality, there must also be confirmation from the competent authority of the country in which the child is chosen to have nationality that the child has nationality in accordance with that country's laws. If the foreign competent authority does not confirm, the civil status registration authority will register the child’s birth but leave the nationality section in the Birth Certificate and Birth Registration Book blank.
See the full text of the regulations at Circular 04/2020/TT-BTP, effective from July 16, 2020.
Thu Ba
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