Similar to marriage and divorce involving foreign elements, when children with foreign parents are born, they also need to be registered for birth and have specialized legal documents.
In this article, learn with EZ the legal issues related to Child Birth Certificates.
1. What is a birth certificate? Who must register for birth registration?
According to Clause 6, Article 4 of the Law on civil status 2014, “Birth Certificate” is a document issued by a competent state agency to an individual when having a birth registration; The content of the birth certificate includes basic information about the individual as prescribed in Clause 1, Article 14 of this Law.
When falling into the following cases, children need to be registered for birth at the district-level People's Committee where the parents reside:
- Children born abroad who have not yet been born registered to reside in Vietnam;
- Children born in Vietnam:
- Having one parent who is a Vietnamese citizen and the other being a foreigner or stateless person: Having one parent who is a Vietnamese citizen residing in the country and the other being a Vietnamese citizen residing abroad; Having a father and mother who are Vietnamese citizens residing abroad; Having a parent who is a foreigner or a stateless person.
2. Birth registration procedures for children with foreign elements
Dossier of birth registration for children with foreign elements
2.1. Documents to be submitted
Pursuant to Article 29 of Decree 123/2015/ND-CP detailing a number of articles and measures to implement the Law on civil status, the birth registration application file for children with foreign elements must include:
- Birth registration form according to the form
- Birth certificate or other document issued by a foreign competent authority certifying that the "child was born" abroad and the mother-child relationship, if any;
- Written agreement of parents to choose nationality for their child according to the provisions of Clause 1, Article 36 of the Law on Civil Status for the case children have one parent who is a Vietnamese citizen and the other is a foreign citizen.
Note: The agreement on choosing a nationality must be consular legalized and translated into Vietnamese. You can refer to EZ Consular Legalization.
2.2. Documents to be presented
- Passport or people's identity card or citizen identification card or other papers with photos and personal information attached by a competent authority, valid for use to prove the identity of the requester birth application;
- Proof of residence to determine birth registration authority.
- In case a child born abroad returns to reside in Vietnam, he/she must present documents proving the child's entry (passport, international travel document bearing the entry certification stamp of the immigration authority). immigration) and documents proving the child's residence in Vietnam (a written confirmation from a competent police agency).
Note: For Vietnamese citizens, proof of residence and Marriage Certificate are only presented during the period when the National Population Database and the National Electronic Civil Registry Database have not yet been completed. completed and implemented uniformly across the country.
2.3. Where to apply for a child's birth certificate with foreign elements?
Currently, the city's Department of Justice has handed over the civil status handling work to the Judicial Offices of the People's Committees of the districts in the provinces/cities where one of the parents resides. Thus, you can submit your child's birth certificate at the District People's Committee where you reside.
2.4. Processing time for application for child birth certificate with foreign elements
If the submitted documents are valid and complete in accordance with regulations, on average, it will take 1-2 days to receive the results from the time of submitting the application at the District People's Committee.
3. Some frequently asked questions about birth certificates with foreign elements
3.1. Question – Can I get a birth certificate for my child who has not been married in Vietnam?
Answer – Okay. But because the husband/wife is a foreigner and you are a Vietnamese who has not yet registered his marriage, he has to carry out procedures to recognize the father and son (in case the father is a foreign citizen); then carry out birth registration procedures for children who are out of wedlock and have foreign elements.
If you have more questions about this, please contact us via phone number () for detailed advice!
3.2. Q – I am not married, can I enter the father's information on my child's birth certificate?
Answer – Okay. But with the condition that the father must be present in person when carrying out the procedures for receiving the child in combination with the birth registration of foreign elements at the same time and requesting to be recorded in the father's information section.
3.3. Question – Without marriage registration, can children born in Vietnam have foreign nationality?
Answer – According to the provisions of Article 16 of the Law on Vietnamese Nationality, a child born will be granted Vietnamese nationality if the child's parents have a written agreement for the child to acquire Vietnamese nationality. Whether that child is a foreign citizen or not depends on the provisions of the law of the country of which the child's parents is a citizen.
3.4. Question – What is the deadline for birth registration and the responsibility for birth registration?
Answer – Within 60 days from the date of birth, parents are responsible
responsibility to register the child's birth; if the parents cannot go to the birth registration, then the grandparents or other relatives will go to make the child's birth certificate.
4. Should you choose EZ to register your child's birth?
Realizing that many people who self-register the birth of children with foreign elements often face many difficulties due to the complicated preparation of documents, EZ recommends you to find a birth certificate registration service. Professional children improve the success rate for their case.
Boasting +500 records have been made in this field, EZ Holdings would like to provide the service of registering children's birth certificates with foreign elements. With us, you will enjoy many benefits such as:
- EZ regularly updates new regulations on making birth certificates for children with foreign elements.
- Support Customers to prepare complete documents according to the requirements of relevant agencies and according to each specific case so as not to waste time adding many times.
- Process documents package including translation services, notarization, legalization of documents.
- Experienced in doing many different cases, helping to reduce costs and save time for customers.
- Handle emergency situations.
- Delivery of documents and documents to customers.
Please contact phone number 0869 907 519 | 0867 439 725 for detailed advice from EZ staff!
