Birth registration for the children born aboard and taken to reside in Vietnam

I’m Vietnamese, my husband is Singaporean. I just gave birth in Singapore, but haven’t registered the birth for my child. Now, I’m intending to bring my child back to Vietnam and register the birth to reside in Vietnam. Is it possible? Which agency should I apply to? I hope that FDVN’s lawyers can advise me and respond to me soon.

Answer:

Thank you for concerning and trusting in FDVN’s legal services. We have studied the law provisions to provide you with our advice. Please kindly see the answer below:

According to Clause 2, Article 35 of the Law on Civil Status 2014:

“District-level People’s Committees of places of residence of fathers or mothers shall register birth for children in the following cases:

2. Children born abroad with their birth not yet registered abroad and taken to reside in Vietnam:

a) Having both parents being Vietnamese citizens;

b) Having a parent being a Vietnamese citizen.”

Under the above provisions, when a child was born abroad and has not yet registered the birth in that country since parents want their children to reside in Vietnam, they have to register the birth at District-level People’s Committees of places of residence of fathers or mothers.

The birth registration for children born abroad and taken to reside in Vietnam is conducted under the provisions in Article 29 of the Decree No.123/2015/ND-CP, specifically as follows:

1. The dossier:
2. An application form as prescribed;
3. An agreement on the selection of a child’s nationality in the case where one child’s parent is a Vietnamese citizen and the other is a foreign citizen.

In case parents choose foreign nationality for their children when registering the birth, apart from a written agreement on selection of child’s nationality, the confirmation of the competent authority where the child is selected to bring the nationality is required. The purpose of such confirmation is to guarantee that the child having another nationality is per the laws of that country.  If the competent authority where the child was born does not confirm, the civil status registration agency registers the birth, but the nationality section in the birth certificate and birth certificate book will be left blank.

3.  Documents proving that the child has lawfully entered into and resided in Vietnam, including documents certifying the child has legally entered into Vietnam (such as passport, international travel paper with an entry certification seal of the immigration authority) and a written confirmation of the competent police agency that the child is residing in Vietnam.

2. The procedure:

As soon as practicable after receiving the application, the Committee Division of Justice shall verify it. In case sufficient, accurate, and consistent with regulations of law, birth registration shall be granted.

Above is FDVN LAW FIRM’s opinion for your consulting requests based on studying the relevant legal provisions. Hopefully, FDVN’s advice would be helpful to you.

Truong Cong Binh – FDVN LAW FIRM

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