4 Steps for birth registration for cases with foreign elements in Vietnam (Latest)

4 Steps for birth registration for cases with foreign elements in Vietnam (Latest) (Illustrative Image)

From September 4, 2020, Decision 1872/QD-BTP of the Ministry of Justice of Vietnam regarding the announcement of amended, supplemented administrative procedures in the civil status field, implemented at domestic civil status registration agencies under the management scope of the Ministry of Justice of Vietnam, takes effect in Vietnam. This Decision stipulates that the procedure for registering a birth with foreign elements includes only 4 steps as follows:

Step 1: Prepare the birth registration dossier

* Documents to be submitted:

- Birth registration application form.

- Birth certificate.

• If there is no birth certificate, submit a written statement from a witness verifying the birth; if there is no witness statement, a written declaration about the birth is required;
• If the child is born abroad: Submit the birth certificate or other documents issued by the competent foreign authority confirming the child’s birth abroad and the mother-child relationship * (if any)*;
• If the father or mother or both parents are foreigners: A written agreement from the parents about the child’s nationality choice must be submitted;
• If the parents choose a foreign nationality for the child, in addition to the written agreement on nationality choice, there must also be verification from the competent authority of the country where the child is to be a citizen, confirming the child has the nationality as per that country’s legal requirements. Documents issued, notarized, or certified by foreign authorities for use in civil status registration in Vietnam must be legalized, except where exempt by an international agreement to which Vietnam is a member; documents in foreign languages must be translated into Vietnamese and the translation must be notarized or the translator’s signature certified according to the law.

- Authorized document (notarized) as per law in cases of authorization for birth registration. If the person registering the child's birth is the grandparents or next of kin, no authorization letter from the child’s parents is needed, but they must agree on the birth registration details.

Note: The person requesting birth registration may submit a certified copy from the original, an excerpt from the original book, or a photocopy with the original document for comparison. The recipient is responsible for checking, comparing the photocopy with the original, and confirming; not requesting a copy of such documents.

* Documents to be presented (The civil status officer checks the information and returns it to the presenter, without requesting a copy or photocopy)

- Passport, identity card, citizen ID card, or other personal photo identification documents issued by the competent authority, still valid for personal identification of the birth registration requester.

- Documents proving the place of residence to determine the birth registration authority.

- Marriage certificate if the parents have registered their marriage.

- In the case of a child born abroad, having a father or mother who is a Vietnamese citizen or both parents are Vietnamese citizens and has not yet been registered for birth abroad and resides in Vietnam, present documents proving the child's legal entry into Vietnam (such as a passport, international travel document with an entry stamp from the immigration authority, etc.) and a confirmation document from the competent police authority about the child residing in Vietnam.

Step 2: Submit the birth registration dossier

- Submit directly: The person requesting birth registration shall submit 01 set of birth registration documents at:

+ District-level People’s Committee where the residence of the father or mother is to conduct birth registration for a child born in Vietnam in the cases of:

- Having a father or mother who is a Vietnamese citizen while the other is a foreigner or stateless person;- Having a father or mother who is a Vietnamese citizen residing in the country while the other is a Vietnamese citizen residing abroad;- Having both father and mother who are Vietnamese citizens residing abroad;- Having both father and mother who are foreigners or stateless persons.

+ District-level People's Committee where the residence of the child with a Vietnamese citizen father or mother or both parents, to conduct birth registration for a child born abroad, without prior birth registration, residing in Vietnam.

- Send the dossier via postal system or through the online civil registration system.

Note: In case of sending the dossier via the postal system, a certified copy of the documents to be presented must accompany it.

Step 3: Receive and process the birth registration dossier

- If the dossier is complete and valid, the recipient drafts a receipt, clearly stating the date and time for result collection.

- Immediately upon receiving the dossier, if the birth information is complete and appropriate, the Department of Justice reports to the Chairman of the district-level People's Committee. If the Chairman agrees to resolve it, the civil status official enters the birth information into the Birth Registration Book.

- In case the dossier is incomplete, provide immediate guidance for the applicant to supplement and complete it as prescribed. If the dossier cannot be immediately supplemented and completed, the recipient must draft a written guide, clearly stating the types of documents and contents to be supplemented and completed, sign, and clearly state the recipient’s full name.

Step 4: Deliver the results

- On the same day the dossier is received; the result provider is responsible for guiding the birth registration requester to review the content of the Birth Certificate and the Birth Registration Book; and together with the birth registration applicant, sign the register.

- Issue 01 original Birth Certificate to the person registered for birth. If the parents choose Vietnamese nationality for the child, the civil status official updates the birth information as guided to assign a Personal Identification Number.

Note: If the application is received after 3 PM and cannot be processed on the same day, the result will be delivered on the next working day. The fee amount is regulated by the provincial Council and exempted for families meritorious to the revolution, poor households, and disabled persons.

Le Vy

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