The parent-child recognition registration is carried out at the People's Committee of a commune. So, what are the procedures for parent-child recognition registration at the People's Committee of a commune in Vietnam?
Article table of contents
Vietnam: Procedures for parent-child recognition registration at the People's Committee of a commune (Illustrative Image)
Application form for parent-child recognition registration
Under the Law on Marriage and Family, Law on Civil Status, Decree 123/2015/ND-CP, Circular 04/2020/TT-BTP, Circular 85/2019/TT-BTC, and the Annex issued together with Decision 1872/QD-BTP on the civil status-related administrative procedures carried out at civil status registration authorities under the management of the Ministry of Justice, the detailed procedures for parent-child recognition registration in Vietnam consist of 04 specific steps as follows:
Step 1: Prepare the application
The applicant for parent-child recognition registration prepares the following documents:
* Documents to be submitted:
- Application form for parent-child recognition registration.
- Evidence to prove the parent-child relationship includes:
- Documentation from medical institutions, forensic agencies, or other competent authorities confirming the parent-child relationship;- In the absence of the above document, a written sworn statement from the parties recognizing the parent-child relationship and at least 02 witnesses verifying the parent-child relationship.
* Documents to be presented:
- Passport or ID card or citizen ID card or other photo and personal information-bearing documents issued by competent authorities that are still valid to prove the identity of the applicant for parent-child recognition registration;
- Proof of residence to determine the authority to register parent-child recognition registration (during the transition period).
Note:
- Regarding documents submitted or presented:
- If the applicant submits copies issued from the originals or certified copies from the originals, the application receiver must not request the original; if the applicant submits photocopies and presents the originals, the application receiver checks and compares the photocopy with the original, and signs the photocopy confirming content comparison without requiring the applicant to submit a copy of the document;
- Regarding documents presented at civil registration, the receiver is responsible for checking, comparing the information in the application, taking a photograph, or recording information for filing before returning to the presenter without requiring submission of a copy or photocopy of the document;
- The receiver is responsible for receiving the correct and complete civil registration documents as prescribed by law, not requesting additional documents not required by civil status law.
- In case the applicant is allowed to draft a sworn statement regarding the civil registration content, the civil registration agency must clearly explain the responsibility and legal consequences of incorrect sworn statements.
- The civil registration agency refuses to handle or recommends the competent authority cancel the registration result if there is basis to confirm the sworn statement is false.
Step 2: Submit the application
The applicant for parent-child recognition registration (one or both parties) submits the documents directly at the Commune People's Committee where the residence of the acknowledgee or the acknowledged is located.
Step 3: Receive the application
- The receiver is responsible for immediately inspecting the entire documents, determining the validity of the documents submitted or presented; comparing the information in the application with the documents included.
- If the application is complete and valid, the receiver issues a receipt, clearly noting the date and time for results; if the application is incomplete or invalid, guide the submitter on supplementing and completing them as per regulations; if immediate supplementation or completion is not possible, form a written guide noting the necessary types and content to be supplemented, signed, and noting the full name of the receiver.
Step 4: Process the application and return result hereof
- After receiving complete documents, if the parent-child recognition is deemed accurate and uncontested, the civil status officer reports to the President of the Commune People's Committee.
- Upon approval from the President of the Commune People's Committee, the civil status officer records the recognition into the Register of parent-child recognition registration, guides the applicant to verify the content in the Extract of parent-child recognition registration Registration and the Register, have all parties sign the Register.
- The President of the Commune People's Committee signs the Extract of parent-child recognition registration Registration for the applicant.
Some notes when carrying out the procedures for parent-child recognition registration in Vietnam:
- The time limit for processing the application is 03 working days. In case verification is needed, the processing time is no more than 08 working days;
- Fees are as prescribed by the Provincial People's Council, exempt for families with meritorious services to the revolution, poor households, and disabled individuals;
- The acknowledging party and the acknowledged party must both be alive;
- There should be no dispute regarding the parent-child recognition;
- In case a man and woman live together as spouses without registering their marriage, have children, and the child lives with the father, if the father carries out the recognition procedures and cannot contact the mother, the mother's opinion is not required in the Application form for parent-child recognition registration.
Le Vy
