A 3-Step Guide to Obtaining Your Child’s Birth Certificate in Vietnam
Registering a child’s birth certificate with foreign parents in Vietnam follows a legal process similar to marriage and divorce registrations. The birth certificate is essential for school enrollment and serves as the official recognition of the child’s identity, including details like the child’s name, date of birth, and parents’ nationality.
For children of foreign parents, birth registration in Vietnam requires additional steps, especially with foreign documents and authentication. While obtaining a birth certificate is typically straightforward, the involvement of a foreign parent can complicate the process. This guide will walk you through the necessary steps to make the birth registration process as smooth as possible for expatriate families in Vietnam.
Understanding the Birth Certificate with Foreign Elements
Currently, there are no specific provisions outlining the registration of birth with foreign elements. However, according to the Civil Code 2015 and the Law on Civil Status 2014, the registration of birth with foreign elements falls under the following categories:
Children born abroad whose birth has not yet been registered and are later brought to reside in Vietnam.
Children born in Vietnam where:
One parent is a Vietnamese citizen and the other is a foreigner or a stateless person.
One parent is a Vietnamese citizen residing in Vietnam, and the other is a Vietnamese citizen living abroad.
Both parents are Vietnamese citizens residing abroad.
Both parents are foreigners or stateless persons.
In cases where one or both parents are foreign nationals, the birth registration process may involve additional legal steps, as outlined in the specific provisions for children born with foreign elements. For parents in Vietnam, including those residing in Ho Chi Minh City or other provinces, it is important to understand the legal requirements and procedures to ensure proper registration of their child’s birth certificate.
Documents Needed for Birth Certificate Registration
Documents to be Submitted
Original birth certificate or other proof of birth (if available).
Agreement choosing nationality: In the case where one or both parents choose a foreign nationality for the child, this must be certified by the competent State body of the country where the parents reside.
These documents are essential for completing the birth registration process for children with foreign elements in Vietnam. Make sure all documents are properly authenticated, translated, and presented for smooth processing.
How Long Does It Take to Get a Birth Certificate in Vietnam?
In Vietnam, the process of obtaining a birth certificate for a child must be completed within 60 days from the date of birth, as stipulated by Clause 1, Article 15 of the 2014 Civil Status Law. The parent or the person responsible for registering the child’s birth must ensure this is done on time. If the parents are unable to do so, a grandparent, relative, or any individual or organization caring for the child can register the birth on their behalf.
Once the birth registration is submitted to the District People’s Committee, it generally takes 1-2 days to receive the birth certificate, provided all required documents are in order.
Failure to register the birth within the prescribed 60-day period may result in an administrative sanction. As per Clause 1, Article 27 of Decree No. 110/2013/ND-CP, the responsible party may face a caution for not registering the birth on time.
Procedures for Obtaining a Birth Certificate
Registering the birth of a child with foreign elements in Vietnam follows a detailed legal process, and parents are required to complete several steps. Here’s a breakdown of the process:
Step 1: Prepare the Documents
Parents or relatives must gather the following documents for birth registration:
Declaration form (completed).
Birth certification paper issued by the medical facility where the child was born. If unavailable, a witness document or a written pledge confirming the birth is required. For abandoned children, an official abandonment record must be provided.
For children born through surrogacy, legal surrogacy documentation is required.
For children born abroad:
A certificate confirming the child’s birth abroad and mother-child relationship (if applicable).
Parents’ agreement on the child’s nationality. If choosing a foreign nationality, a certification from the relevant authority of the foreign country must also be submitted.
Household registration book or certificate of collective household membership, temporary residence registration for parents, and a divorce certificate (if applicable).
Marriage certificate (if applicable).
Identification documents: Vietnamese ID, Citizen’s ID, or Passport (original and photocopy) for the parents or the declarant.
Step 2: Submit Birth Registration Documents
The birth registration documents must be submitted to the competent district-level People’s Committee. The process for submission can be done in person or by post:
In-person submission:
If the documents are valid and complete, a receipt is issued.
If documents are incomplete or invalid, the receiving officer will provide instructions on what’s missing or incorrect. Failure to complete the documentation may result in a rejection, with clear reasons provided.
Postal submission:
The receiving officer will check and validate the documents. If the documents are complete, the registration process will proceed, and the declarant will receive a receipt specifying the date and time of results.
Step 3: Handle the Birth Registration Documents and Issue the Birth Certificate
Once the birth registration documents are reviewed and approved:
The Judicial Department submits a report to the Chairperson of the district-level People’s Committee.
If approved, the birth certificate will be issued and the details will be recorded in the Birth Register.
In cases where the child is assigned Vietnamese nationality, birth registration information will be updated to include the personal identification number (where applicable).
The final birth certificate is signed by the Chairperson of the district-level People’s Committee.
Some Notes about Birth Registration
Birth Certificate Registration for Children Born Abroad
For children born abroad, the birth registration process follows a specific legal procedure. Foreign parents must complete the process at the nearest Vietnamese embassy or consulate. The child will automatically acquire Vietnamese citizenship if at least one parent is Vietnamese. The required documents for embassy registration include:
Additional forms as required by the embassy.
The child’s birth certificate.
Proof of the Vietnamese parent’s nationality.
Marriage certificate (if applicable).
Online Birth Certificate Registration Option
In Vietnam, most localities now offer an online birth registration system for foreign parents, particularly in major cities like Hanoi, Ho Chi Minh City, and Danang. Here’s how to do it:
Use the Online Civil Status Registration System from the Ministry of Justice.
Use the National Public Service Portal for registration.
For major cities, you can also use the respective local public service portals.
Once the registration is completed, the parents must provide all the original documents submitted online to the People’s Committee where the birth was registered to obtain the official birth certificate.
The Latest Original and Copy of the Birth Certificate Form in Vietnam
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Disclaimer: The Nest Asia is not an authorized provider of official government or non-government services. The information provided is intended for general guidance only. While we strive to offer accurate and timely information, we make no representations or warranties regarding its completeness or accuracy.
