Birth Registration for Children of Foreign Parents Without a Marriage Certificate in Vietnam
Dear DB Legal, My name is Marie. I am currently living in Vietnam with my partner; both of us are foreign nationals, but we are not legally married. We have just welcomed a new baby. Can we register our baby's birth in Vietnam? I look forward to hearing from you. Thank you.
Response from DB Legal:
Dear Ms. Marie,
Thank you for reaching out to DB Legal. We provide professional legal services in Da Nang, Ho Chi Minh City, and neighboring provinces. Regarding your inquiry about birth registration for a child born to foreign parents without a marriage certificate, we provide the following legal advice:
1. Legal Grounds
- Law on Civil Status No. 60/2014/QH13 dated November 20, 2014.
- Circular No. 04/2020/TT-BTP dated May 28, 2020, by the Ministry of Justice.
2. Jurisdiction and Requirements
According to Article 34 of the Law on Civil Status 2014, the jurisdiction to register the recognition of parent-child relationships between foreigners is defined as follows:
"The People’s Committee of the commune where the person recognized as a parent or child resides shall register the recognition... between foreigners, provided that one or both parties are permanently residing in Vietnam."
3. Legal Advice for Your Case
The inclusion of the father's name on the birth certificate when there is no marriage certificate depends on your residency status:
- Case 1 (Permanent Residence Card holders): If you or your partner (or both) hold a Permanent Residence Card (PRC) in Vietnam, you can simultaneously perform the procedures for parent-child recognition and birth registration. In this case, the birth certificate will include both parents' names.
- Case 2 (Without Permanent Residence): If you are staying in Vietnam on a temporary basis (Visa, Temporary Residence Card), Vietnamese authorities do not have the jurisdiction to process parent-child recognition between two foreigners. In this situation, the birth registration can still proceed, but the father's information will be left blank.
Recommendation: We suggest contacting your Embassy or Consulate in Vietnam for further guidance on recognizing the paternal relationship according to your home country's laws.
Should you have any further questions or require assistance with the documentation, please feel free to contact DB Legal.
Best regards,
DB Legal.
The information contained in this article is general and intended only to provide information on legal regulations. DB Legal will not be responsible for any use or application of this information for any business purpose. For in-depth advice on specific cases, please contact us.
For more information:
📞: +84 357 466 579
📧: contact@dblegal.vn
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