Regulations on birth registration for abandoned children in Vietnam

Regulations on birth registration for abandoned children in Vietnam (Internet image)

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

1. Regulations on birth registration for abandoned children in Vietnam

Regulations on birth registration for abandoned children under Article 14 of Decree 123/2015/ND-CP are as follows:

- Any person who detects an abandoned child shall protect the child and immediately notify the People’s Committee or police authority of the commune where such child is abandoned. If a child is abandoned at a health facility, the health facility’s head shall be responsible for giving notice.

As soon as practicable after receiving such notice, the President of People’s Committee of commune or chief police of commune shall make a report on the abandonment; and then the People’s Committee of commune shall give the child to an individual or organization in charge of temporary rearing as prescribed by law.

The report shall specify the time when and place where an abandoned child is found; his/her identity namely sex, body condition, health condition; his/her assets or objects, if any; full name, identification card, place of residence of the finder.

The report shall bear signatures of the person making the report, the finder, the witness (if any) and the seal of the authority from which the report is made.

The report shall be made in two copies; one copy shall be archived at the authority from which it is made, and the other shall be sent to the individual or organization in charge of temporary rearing.

- After making the report as prescribed in Clause 1 of Article 14 of Decree 123/2015/ND-CP, the People’s Committee of commune shall post up a notice of abandonment publicly at its headquarters within 7 consecutive days.

- Upon expiration of posting time limit, if the parents’ child has still been unidentified, the People’s Committee of commune shall notify the individual or organization in charge of temporary rearing of birth registration for the child.

The individual or organization in charge of temporary rearing shall apply for birth registration for the child. Procedures for birth registration shall be consistent with Clause 2 Article 16 of the Law on civil status.

The child’s full name shall be determined as prescribed by civil law.

If there are not substantial grounds for determine the child's date of birth or place of birth, the date on which he/she is found abandoned shall be considered as the day and month of birth; the year of birth shall be determined according to

+ The child’s body condition;

+ The place of birth is where the child is found abandoned;

+ The native place is determined according to place of birth;

+ The nationality is Vietnamese.

The section of child’s parents and race in the birth certificate and vital records shall be left blank and the phrase “abandoned child” shall be specified in the vital records.

2. Birth registration for children with unidentified parents in Vietnam

Birth registration for children with unidentified parents in Vietnam according to Article 15 of Decree 123/2015/ND-CP is as follows:

- The People’s Committee of commune where the child resides shall apply for birth registration for the child with unidentified parents.

- If a child’s father is unidentified, the family name, race, native place, nationality of the child in the application for birth registration shall be determined according to respective information of his/her mother; the child’s father section in vital records and birth certificate shall be left blank.

- If the father, at the time of application for birth registration, applies for recognition of father-child relationship as prescribed in Clause 1 Article 25 of the Law on civil status, the People’s Committee shall both process the recognition and birth registration; birth registration contents shall be determined as prescribed in Clause 1 Article 4 of Decree 123/2015/ND-CP.

- In case of a child whose mother is unidentified, if his/her child applies for both birth registration and recognition of parent-child relationship, Clause 3 of Article 15 of Decree 123/2015/ND-CP shall apply; the child’s mother section in the vital records and birth certificate shall be left blank.

- Procedures for birth registration for children with unidentified parents other than those who are abandoned shall be consistent with Clause 3 Article 14 of Decree 123/2015/ND-CP; the phrase “children with unidentified parents" shall be specified in the vital records.

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