CHA, MẸ LÀ NGƯỜI NƯỚC NGOÀI ĐĂNG KÝ KHAI SINH CHO CON TẠI VIỆT NAM NHƯ THẾ NÀO? / HOW CAN FOREIGN PA

In recent years, Vietnam has not only been an attractive tourist destination but has also become a place of residence, employment and investment for millions of foreigners from countries around the world. Along with this trend, an increasing number of foreigners have chosen to get married, build families and give birth in Vietnam. However, when a child is born, many foreign parents are confused by Vietnamese laws and regulations concerning birth registration, the selection of nationality for their child, preparation of the dossier, procedures and formalities to be followed, and the manner of working with competent state authorities. In practice, missing or erroneous documents may prolong the birth registration process, affecting the lawful rights and interests of the child.

So, what documents are included in the birth registration dossier for a child of foreigners in Vietnam? What legal matters concerning the child's nationality should the parents pay attention to? What are the procedures and formalities to be followed, and which authority has jurisdiction to settle the matter? The following article provides detailed guidance on the current laws and regulations governing the birth registration procedure for children of foreigners in Vietnam.

1. Competent authority

According to Clause 1, Article 35 of the 2014 Law on Civil Status and Article 4 of Decree No. 120/2025/ND-CP, the People's Committee of a commune, ward or special zone (hereinafter referred to as the “commune-level People's Committee”) has the authority to register the birth of children born in Vietnam in the following cases:

a) The father or mother is a Vietnamese citizen and the other is a foreigner or a stateless person;

b) The father or mother is a Vietnamese citizen residing in Vietnam and the other is a Vietnamese citizen residing abroad;

c) Both the father and mother are Vietnamese citizens residing abroad;

d) Both the father and mother are foreigners or stateless persons.

Accordingly, where both parents are foreigners, the dossier must be submitted to the commune-level People's Committee for registration of the child's birth.

2. Selection of nationality for the child when registering the birth in Vietnam

Under Articles 14 and 16 of the 2008 Law on Vietnamese Nationality, as amended and supplemented in 2025, a child born to a father or mother who is a Vietnamese citizen and the other who is a foreign citizen shall have Vietnamese nationality if the parents agree to select Vietnamese nationality for the child when carrying out the birth registration procedures at a competent Vietnamese authority in accordance with the Government's guidance. Where a child is born in the territory of Vietnam and the parents cannot reach an agreement on the selection of nationality for the child, such child shall have Vietnamese nationality.

3. Required dossier

Under Decision No. 1833/QD-BTP dated June 23, 2025 of the Minister of Justice on the publication of amended and supplemented administrative procedures in the field of civil status, the required documents for birth registration where both the father and mother are foreign nationals and the child is born in Vietnam are as follows:

+ Birth registration declaration form according to the prescribed form (if the dossier is submitted directly or sent by post) or Interactive Electronic Civil Status Form for Birth Registration (provided by the requester according to the instructions on the Public Service Portal, if the requester chooses to submit the dossier online);

+ Passport or other documents bearing a photograph and personal information issued by a competent authority and still valid for use, for the purpose of proving the identity of the person requesting birth registration;

+ Documents proving the place of residence to determine the competent authority for birth registration (confirmation of temporary residence issued by the commune/ward police authority of the place of temporary residence in Vietnam);

+ Marriage certificate if the father and mother have registered their marriage;

+ Birth certificate. If there is no birth certificate, a written confirmation by a witness regarding the birth shall be submitted; if there is no written confirmation by a witness, a written undertaking regarding the birth must be submitted;

+ Written agreement of the father and mother on the selection of nationality for the child. Where the father and mother select a foreign nationality for the child, in addition to the written agreement on the selection of nationality, there must also be a confirmation from the competent authority of the country whose nationality the child is selected to hold that the child has the nationality in accordance with the laws of that country;

+ Written authorization (certified) in accordance with the law in case the birth registration is authorized. Where the person registering the birth of the child is the grandparent or another relative, a written authorization from the child's father or mother is not required, but such person must reach agreement with the child's father and mother on the contents of the birth registration.

Important notes :

+ Documents issued, notarized or certified by competent foreign authorities for use in civil status registration in Vietnam must undergo consular legalization, unless exempted under an international treaty to which Vietnam is a member.

+ Documents in a foreign language must be translated into Vietnamese and the translation must be notarized or the translator's signature must be certified in accordance with the law.

+ The determination of the child's surname, ethnicity and given name must comply with the law and the requirements for preservation of Vietnamese national identity, customs and fine cultural traditions; names that are excessively long or difficult to use shall not be given.

+ Regarding the determination of the child's surname, ethnicity, place of origin and given name:

The determination of the child's surname, ethnicity and given name must comply with the law and the requirements for preservation of Vietnamese national identity, customs and fine cultural traditions; names that are excessively long or difficult to use shall not be given.

Where the father and mother cannot reach an agreement on the child's surname, ethnicity or place of origin when registering the birth, the child's surname, ethnicity or place of origin shall be determined according to customary practices, but must ensure that it is in accordance with the surname, ethnicity or place of origin of the father or mother.

4. Order and procedures for registering the birth of the child:

Step 1: Preparation and submission of the birth registration dossier

- If the applicant chooses to submit the dossier directly: The person requesting birth registration shall submit the birth registration dossier to the competent Public Administration Service Center; pay the birth registration fee if the case is subject to a birth registration fee; and pay the fee for issuance of a copy of the Birth Certificate if a copy of the Birth Certificate is requested.

- If the applicant chooses to submit the dossier online: The person requesting birth registration shall access the National Public Service Portal, authenticate the user in accordance with the instructions, log in to the system, and select the competent commune-level People's Committee. The applicant shall provide information according to the Interactive Electronic Civil Status Form for Birth Registration and attach scanned copies or electronic copies of the documents and papers specified in Section 3; pay fees and charges through the online payment function or by another method as prescribed by law, and complete the submission of the dossier.

Step 2:

- If the dossier is complete and valid, the dossier shall be accepted; if the dossier is accepted after 15:00, an appointment slip shall be issued and the result shall be returned to the requester on the next working day (if the requester submits the dossier directly), or the appointment slip and result shall be immediately sent by email or an appointment notification message shall be sent to the requester's mobile phone (if the requester submits the dossier online); the dossier shall be transferred to the judicial-civil status officer for processing; where the dossier is received at the provincial-level Public Administration Service Center, the receiving officer shall transfer the dossier to the competent commune-level People's Committee for processing.

- If the dossier is incomplete or invalid, the dossier-receiving officer shall notify the requester to supplement and complete the dossier, clearly specifying the type of document and contents to be supplemented so that the requester can supplement and complete the dossier. After the dossier has been supplemented, Step (i) shall be repeated;

- If the person requesting birth registration is unable to supplement or complete the dossier, the dossier-receiving officer shall report to the Leader of the Public Administration Service Center, who shall issue a notice of refusal to settle the birth registration request.

Conclusion:

Birth registration is an important legal procedure for establishing the identity, nationality and fundamental rights of a child from the time of birth. In the case where foreign parents give birth to a child in Vietnam, carrying out the birth registration procedure does not merely involve registration of the birth event but also relates to various other legal matters, such as the selection of nationality for the child, preparation of dossiers involving foreign elements, consular legalization and proof of residence in accordance with Vietnamese laws and regulations. Therefore, parents should proactively study and prepare all necessary documents before carrying out the procedure in order to avoid having the dossier requested to be amended or supplemented or having the processing time prolonged. In case of difficulties concerning nationality, documents issued by foreign authorities or other civil status matters involving foreign elements, the requester should consult the competent civil status authority or legal consulting organizations for timely guidance.