Birth certificate is an important document for children in Vietnam, because without a birth certificate, children will not be able to go to school. Here are 5 things to know when making a birth certificate for a child in Vietnam.
Making a Birth Certificate for a child in Vietnam and 05 things to know
According to Clause 1, Article 15 of the 2014 Civil Status Law, within 60 days from the date of birth, the parent or person responsible for registering the birth of the child must register the birth of the child.
According to Clause 1, Article 15 of the Law on Civil Status 2014, the person responsible for registering the birth of a child in Vietnam includes:
- Parents;
- Grandparents or other relatives;
- Individuals and organizations that are raising children.
According to Clause 2, Article 15 of Decree No. 123/2015/ND-CP, if the father cannot be identified, when registering for birth, the child's family name, ethnicity, hometown and nationality shall be determined according to the child's family name, ethnicity, and hometown. hometown, mother's nationality; the section about the father in the child's civil status book and birth certificate is left blank.
According to Clause 4, Article 15 of Decree No. 123/2015/ND-CP, in case the child cannot identify the mother, but when registering the birth, the father requests to carry out the procedures to recognize the child, the child recognition and birth registration shall be handled together. ; the section about the child's mother is left blank.
Thus, children without a father or without a mother can still make a birth certificate for the child in Vietnam.
According to Clause 2, Article 16 of the Law on Civil Status 2014, the application for making a birth certificate includes a form declaration and a birth certificate. Therefore, making a birth certificate for a child does not require a marriage certificate of the father or mother, so the father or mother who is not married can still make a birth certificate for the child.
- The responsible person will make a birth certificate for the child at the commune-level People's Committee of the place where the father or mother resides (Article 13 of the Law on Civil Status 2014).
- In case of making a birth certificate for a child with foreign elements, it must be done at the district-level People's Committee of the place where the father or mother resides (Clause 2, Article 7 of the Law on Civil Status 2014).
Birth registration with foreign elements in one of the following cases:
- Children whose father or mother is a foreigner or stateless person. - Children whose parents are foreigners, who are stateless but were born in Vietnam. |
- In case of making a birth certificate for a child born in Vietnam whose father or mother is a Vietnamese citizen permanently residing in the border area, and the other is a citizen of a neighboring country permanently residing in the border area. Vietnam shall be implemented at the commune-level People's Committee where the father or mother is a Vietnamese citizen permanently resides adjacent to the equivalent administrative unit at the commune level of Vietnam where the mother or father is a citizen of a neighboring country permanently resides. (Point d, Clause 1, Article 7 of the 2014 Law on Civil Status, Clause 1, Article 17 of Decree 123/2015/ND-CP).
- In case, the child is a Vietnamese citizen residing abroad, the birth certificate should be made at the representative agency (Clause 3, Article 7 of the Law on Civil Status 2014, Article 2 of Joint Circular No. 02/2016/TTLT-BNG- BTP).
Diem My
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