No need to present marriage certificate of child's parents when registering birth in Vietnam

No need to present marriage certificate of child's parents when registering birth in Vietnam
Tan Dai

On February 04, 2025, the Ministry of Justice of Vietnam issued Official Dispatch 481/BTP-HTQTCT implementing the provisions of Decree 07/2025/ND-CP, which includes a provision that eliminates the requirement to present the parents' marriage certificate when registering a child's birth.

No need to present marriage certificate of child's parents when registering birth in Vietnam

In Official Dispatch 481/BTP-HTQTCT of 2025, the Ministry of Justice has guided the Departments of Justice to cooperate with relevant departments and sectors to disseminate and thoroughly grasp the content of Decree 07/2025/ND-CP to related agencies, organizations, and individuals, focusing on the following key points:

- Upon receiving a birth registration request, the civil registration agency does not require the presentation of the marriage certificate of the child's parents (if the child's parents have registered their marriage, except in cases where the child's parents are foreigners); upon receiving a marriage registration request, the civil registration agency does not require the submission of a certificate of marital status, divorce note extract (for Vietnamese citizens) but performs an inquiry into the marital status information of the child's parents, inquires into the marital status information of the person requesting marriage registration on the Provincial Administrative Procedure Resolution Information System through the connection with the electronic civil registration database and the national database on population.

In cases where the marital status cannot be inquired due to lack of information in the database, the civil registration agency shall verify according to the provisions at point c, clause 3, Article 2 of Decree 07/2025/ND-CP.

- Ensure conditions for infrastructure, technology, implement connections between the local Administrative Procedure Resolution Information System and the Ministry of Justice's shared electronic civil status registration and management system to receive and resolve birth registration, marriage registration, marital status confirmation procedures conformably.

- The Department of Justice proactively requests the agency managing the legal record database to issue a Legal Record Certificate to individuals requesting to acquire/restore/renounce Vietnamese nationality during their residence in Vietnam to complete the application for acquisition/restoration/renunciation of Vietnamese nationality, except in cases where the requester already has a Legal Record Certificate at the time of application submission.

- The Department of Justice or the Representative Agency, where the requester resides at the time of application submission, has the authority to receive and resolve the request for issuance of a Certificate of Vietnamese Nationality, Certificate of Vietnamese Origin (stipulated in clause 5, clause 7, Article 4 of Decree 07/2025/ND-CP).

- The commune-level People's Committee certifies copies from the originals of documents and papers issued or certified by competent foreign agencies or organizations; competent Vietnamese agencies or organizations linked with competent foreign agencies or organizations (stipulation for additional authority in clause 1, Article 1 of Decree 07/2025/ND-CP).

More details can be found in Official Dispatch 481/BTP-HTQTCT issued on February 4, 2025.

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