Procedures for registration of recognition of parent-child relationship with foreign elements in Vietnam (district level)

Procedures for registration of recognition of parent-child relationship with foreign elements in Vietnam (district level) (Internet image)

Regarding this issue, LawNet would like to answer as follows:

Components of the application for registration of recognition of parent-child relationship with foreign elements in Vietnam (district level)

The composition of the application for registration of recognition of parent-child relationship with foreign elements made at the district level is prescribed as follows:

(1) Documents to be submitted

- Proof of parent-child relationship includes one of the following documents:

+ Written confirmation of the father-child or mother-child relationship from a competent domestic or foreign regulatory body, organization, health authority or testing authority.

+ In case there is no proof of the parent-child relationship, the parent and child shall draw up a confirmation of their parent-child relationship with at least 2 witness of their parent-child relationship.

- In case of registration for recognition of parent-child relationship between Vietnamese citizens and foreigners or between foreigners, the foreigner must submit a copy of his/her passport or a valid document in lieu of a passport to prove his/her identity. 

(2) Documents to be presented

- Passport, ID card, citizen identification card, or other paper with a photo and personal information issued by a competent authority is still valid for use to prove the identity of the person who requests to register to recognize parent-child relationships.

In case the personal information in these documents is already in the National Database, the electronic database, and is automatically filled in by the system, it is not required to be presented (in direct form) or uploaded (in the online form);

- Proof of residency.

In case the information about the documents proving the place of residence is already in the National Park Service and is automatically filled in, it is not required to be presented in person or uploaded in the online form.

* Note:

- For submitted documents, to present if the requester submits the application in person:

+ For papers presented when registering civil status, the receiver is responsible for checking and comparing the information in the declaration with the information in the document, taking pictures or recording the information for filing and returning it to the presenter; no copies or photocopies of the document are required.

+ The civil status registration requester may submit a certified true copy from the original, a copy issued from the original book, or a photocopy enclosed with the original papers for comparison.

+ If the requester includes a photocopy with the original document, the receiver must check and compare the photocopy to the original before signing for certification.

+ The recipient is responsible for properly and fully receiving civil status registration applications in accordance with the civil status law, and must not require civil status registrants to submit additional papers that are not required to be submitted by the civil status law.

- For attached documents if the requester submits the application online:

+ Photocopies of documents attached to the online death registration application must be clear, complete, and complete in content; a copy taken with a camera, phone, or taken, scanned by an electronic device, from a validly issued document that is still valid for use;

If it is a document issued by a competent foreign agency, it must be consular legalized and translated into Vietnamese as prescribed, except for cases where consular legalization is exempted.

+ If the papers and documents that must be included in the online registration application for the recognition of parent-child relationship already have an electronic copy or if the civil status papers have an electronic copy, the requester may use this electronic version.

+ When going to the civil status registration office to receive the results (an extract from registration for recognition of father, mother, child/copy of extract for registration of recognition of parent-child relationship), the person who requests to register to recognize the parent-child relationship must present identification papers for identification; submit originals of papers and documents proving the parent-child relationship.

In case the applicant for registration of recognition of parent-child relationship fails to provide the above-mentioned papers as prescribed or the submitted or presented papers are erased, modified, or forged, the civil status registration agency has the authority to cancel the results of registration of recognition of parent-child relationship.

- In case the civil status registration requester is allowed to make a written commitment about the contents of the civil status registration request, the civil status registration agency must clearly explain to the person making the written commitment about the responsibility and legal consequences of the untruthful undertaking.

The civil status registration agency shall refuse to settle or request that the competent agency cancel the civil status registration result, if there are grounds to determine that the contents of the undertaking are untrue.

Procedure for registration of recognition of parent-child relationship with foreign elements in Vietnam (district-level)

The registration of recognition of parent-child relationship with foreign elements at the district level in Vietnam shall be carried out as follows:

- Step 1: Submit the applications

* In case of direct application:

Persons who request registration for recognition of parent-child relationship shall submit a application of registration for recognition of parent-child relationship at the Single-window Department Section/Public Administration Center of the competent district-level People's Committee; pay fees if fees for registration of recognition of parent-child relationship are required; pay the fee for issuance of copies of Extracts for registration of parent-child relationship if there is a fee for issuance of copies of Extracts for registration of parent-child relationship

* In case of online application

Persons who require registration to recognize parent-child relationship can access the National Public Service Portal or the Provincial Public Service Portal and register an account (if they do not have one); authenticate users according to instructions, log in to the system, properly identify the competent district-level People's Committee.

Persons who request to register to receive parent-child relationship online provide information according to an interactive electronic form to register to receive parent-child relationship (provided on the Public Service Portal); attach photocopies or electronic copies of papers and documents as prescribed; pay fees and charges through the online payment function or by other methods as prescribed by law, complete the application.

- Step 2: Receive and process documents

The application-receiving officer at the Single-window Department is responsible for checking the accuracy, completeness, consistency, and validity of the application.

(i) If the application is complete and valid, receive the application, have an appointment slip made, and return the results to the requester (if the requester chooses to submit the application directly).

Or send the Appointment Form immediately, return results by email, or send an appointment text message via mobile phone to the requester (if the requester chooses to submit the application online); transfer the application to civil status civil servants for processing.

- Following direct submission of applications, the application-receiving officer at the Single-window Department will digitize (copy, convert into electronic documents on the information system, database) and digitally sign documents and records for handling administrative procedures that have been digitized in accordance with regulations.

(ii) In case the application is incomplete or invalid, a notice shall be sent to the requester for supplementation or completion of the application, clearly stating the types of papers and contents to be supplemented so that the requester can supplement and complete the application. After the records are added, repeat step (i);

(iii) In case the person requesting registration to recognize parent-child relationship fails to supplement or complete the application, it shall report to the Head of the Single-window Department for a notice of refusal to handle the request for registration of recognition of parent-child relationship.

- Civil status civil servants verify applications (the consistency and validity of information in applications, papers, and documents submitted, presented, or attached by requesters).

+ In case the application needs to be supplemented, completed, or is not eligible for settlement and must be rejected, a notice of the status of the application should be sent to the Single-Window Department to notify the applicant - repeat steps (ii) or (iii);

+ In case it is necessary to check, verify, clarify, or due to other reasons, the result cannot be returned on time, the civil status officer shall make an apology slip and reschedule the return date; which clearly states the reason for the delay in returning the results and the appointment time to return the results, transfer to the Single-Window Department to pay the requester (if the requester chooses the form of direct application),

Or send an apology slip and reschedule the result by email or send a text message via mobile phone to the requester (if the requester chooses to submit the application online).

+ Civil status officers shall verify and post up the recognition of parent-child relationship at the district-level People's Committee's office for 07 consecutive days; at the same time, send a written request to the commune-level People's Committee of the place where the recipient is a parent or child permanently residing to post it up for a period of 07 consecutive days at the headquarters of the commune-level People's Committee.

+ If it is found that the recognition of parent-child relationship is correct and without dispute, the application is complete, valid, and in accordance with regulations. In the case of receiving the application for registration of recognition of parent-child relationship in the direct form, civil status officers shall record the recognition in the register, update information on registration of parent-child relationship, and officially save it on the electronic civil status registration and management software.

For online applications:

The civil status officer shall return the e-extract form for registration of recognition of parent-child relationship with complete information to the requester via email or digital device.

The requester is responsible for checking the accuracy and completeness of the information on the e-excerpt form for parent-child relationship registration and certification (maximum one day).

If the requester confirms the information is agreed upon, complete, or has no response after the time limit for the request, the civil status civil servants shall record contents in the registration book for recognition of parent-child relationship; update registration information on the recognition of parent-child relationship; and officially save on the shared electronic civil status registration and management software.

- Step 3: Return the result

Civil status civil servants print the registration extract for recognition of parent-child relationship, submit it to the People's Committee leader for signature, and send it to the one-stop section to return the results to the requester.

The person who requests to register to recognize parent-child relationship (both parties must be present and present identification papers for comparison) shall check the information on the Extract of registration for recognition of parent-child relationship, in the Register for recognition of parent-child relationship and sign in the Register for recognition of parent-child relationship, receive an extract of registration for recognition of parent-child relationship.

* Legal grounds:

- Law on Marriage and Family 2014

- Law on Civil Status 2014

- Decree 123/2015/ND-CP, Decree 87/2020/ND-CP

- Circular 281/2016/TT-BTC, Circular 04/2020/TT-BTP, Circular 85/2019/TT-BTC, Circular 01/2022/TT-BTP, Circular 106/2021/TT-BTC

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