Procedures for recording in civil status records of Vietnam about birth registration conducted by competent foreign authorities

Procedures for recording in civil status records of Vietnam about birth registration conducted by competent foreign authorities​ (Image from the internet)

Regarding this matter, LawNet explains as follows:

On May 20, 2024, the Ministry of Foreign Affairs of Vietnam issued Decision No. 1275/QD-BNG announcing the amendment and supplementation of administrative procedures in the consular field within the scope of the Ministry of Foreign Affairs' management functions.

Procedures for recording in civil status records of Vietnam about birth registration conducted by competent foreign authorities

(1) Sequence of Implementation

- The individual requesting to record in civil status records of Vietnam about birth registration conducted by competent foreign authorities must prepare the required documents and submit them to the Vietnamese representative office abroad responsible for the consular area where the child's parents reside or where the child was born (hereinafter referred to as birth registration).

- The receiving officer is responsible for checking the entire dossier and comparing the information within:

(i) If the dossier is complete and valid, receive the dossier;

(ii) If the dossier is not complete or valid, guide the applicant to supplement and complete it according to regulations. Once supplemented, repeat step (i); if it cannot be supplemented immediately, issue a written guide clearly stating the types of documents and content that need to be supplemented, signed and clearly named by the consular officer.

(iii) If the dossier cannot be supplemented or completed, notify the refusal to process the dossier.

- The dossier-handling officer must re-check the entire dossier to ensure it is complete and valid:

+ If the dossier needs supplementation or completion, send a notice of the dossier status to the applicant - repeat step (ii); if it does not meet the processing conditions and must be refused, send a notice to the applicant.

+ If further verification or clarification is needed, or for other reasons that prevent timely results, issue an apology slip and reschedule the result date, clearly stating the reasons for the delay and the new scheduled date, and send it to the applicant.

+ If the dossier is found to be complete, valid, and conformable, register the birth in the Birth Registration Book, report to the Head of the Vietnamese representative office abroad for signing the extract registering the birth for the person to whom the birth is registered. If the requester asks for a copy of the Birth Certificate, the consular officer reports to the Head of the representative office for signing the copy of the Birth Certificate.

- The individual requesting the birth registration checks the information on the birth registration extract, in the Birth Registration Book, signs the Birth Registration Book, and receives the birth registration extract.

(2) Method of Implementation

- The individual requesting birth registration for Vietnamese citizens abroad should directly apply or authorize another person to submit the dossier in person or send it by postal system to the Vietnamese representative office abroad responsible for the consular area where the child's parents reside or where the child was born.

- In addition to the above methods, if the Vietnamese representative office abroad employs the common electronic civil registry management software and connects with the National Population Database, where technical infrastructure conditions allow, dossiers may be submitted online through the electronic system.

(3) Composition of the Dossier

* Documents to be presented:

- Passport or an equivalent document, ID card, citizen identity card, or other documents with a photo and personal information issued by a competent authority, valid for proving the parent's and child's personal identity and nationality.

- Documents proving the residence to determine the authority for birth registration.

If sending the dossier through the postal system, submit notarized copies of the above documents.

If the requester is a Vietnamese citizen and has been issued a Citizen Identity Card or an Identity Card with a personal identification number, they may present the original (if submitting directly) or submit a photocopy (if submitting through the postal system or online civil registry system) to prove personal identity when technical infrastructure allows the representative office to connect with the National Population Database.

* Documents to be submitted:

- Application form for registering a birth in the civil registry as per the appendix of Circular 04/2020/TT-BTP (if the applicant opts for direct submission).

- Copy of the Birth Certificate issued by a foreign authority.

- Agreement document selecting Vietnamese nationality for the child of the parents if one parent is a Vietnamese citizen and the other is a foreigner; if the parents do not submit directly, the signatures on the agreement must be duly notarized.

- Authorization document as per legal regulations if the birth registration is delegated. If the authorized person is the grandparents, parents, children, spouse, siblings of the authorizer, the authorization document does not need to be notarized but must provide documents proving the relationship with the authorizer.

Nguyen Ngoc Que Anh

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