Family Lawyers in Vietnam

Birth Registration with Foreign Elements in Da Nang: A Comprehensive Guide

Registering a birth is a vital legal step to ensure the rights and nationality of a child. In a globalized city like Da Nang, birth registration involving foreign elements—such as cases where a parent is a foreigner or a Vietnamese citizen residing abroad—requires adherence to specific legal frameworks. This guide provides detailed information on the competence, procedures, and documentation required for birth registration at the local level.

1. Competence to Register Birth

In accordance with current administrative decentralization, Ward-level People's Committees at the place of residence of the father or mother are authorized to conduct birth registration in the following scenarios:

1.1. Children Born in Vietnam

  • 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 residing abroad.

  • Both parents are Vietnamese citizens residing abroad.

  • Both parents are foreigners or stateless persons.

1.2. Children Born Abroad Residing in Vietnam

This applies to children whose birth has not yet been registered abroad and who have returned to reside in Vietnam:

  • Both parents are Vietnamese citizens.

  • At least one parent is a Vietnamese citizen.

2. Birth Registration Procedures

Phase 1: Submission of Dossiers

The birth registrant must submit the required application and supporting documents to the Ward-level civil status registration agency. Key requirements include:

  • Nationality Agreement: If one or both parents are foreigners, a written agreement selecting the child's citizenship is mandatory.

  • Foreign Citizenship Selection: If the parents choose a foreign citizenship for their child, the agreement must be officially certified by the competent state agency of the country of which the parent is a citizen.

Phase 2: Processing and Certification

  • Verification: Upon receiving complete and valid documents, the civil status officer records the birth details in the Civil Status Book.

  • Special Note: For children granted foreign citizenship, the "Native Place" (as per Point c, Clause 1, Article 14 of the Law on Civil Status) will not be recorded.

  • Issuance: The civil status officer and the registrant sign the Civil Status Book. The Ward-level judicial officer then reports to the Chairperson of the Ward-level People's Committee to grant the official Birth Certificate.

3. Special Cases for Children Born Overseas

For children born overseas to Vietnamese parents who are now living in Vietnam without a prior foreign birth registration, the following additional evidence is required:

  1. Proof of Lawful Entry: Documentary evidence such as a passport or international travel documents bearing an official entry stamp from Vietnamese immigration authorities.

  2. Residency Confirmation: A written confirmation from the competent Public Security Authority (Police) certifying the child's current residence in Vietnam.

  3. Nationality Determination:

    • The child's Vietnamese citizenship is determined based on the Law on Vietnamese Nationality.

    • If a foreign citizenship is chosen but the foreign authority fails to provide confirmation, the civil registration authority will still issue the birth certificate but will leave the nationality section blank.

4. Conclusion

Navigating the legalities of birth registration with foreign elements in Da Nang can be complex, but understanding the local competence and required documentation ensures a smooth process for your family. By following these regulations, parents can secure their child's legal identity and access to social services.

Should you encounter any difficulties during the application process at the Ward-level People's Committee, it is advisable to consult with legal experts or the local Justice Division for timely support.

See more at:

1) Birth Registration Certificate in Vietnam

2) A Detailed Guide to the Procedure for Birth Registration with Foreign Elements in Vietnam

3) AGREEMENT ON NATIONALITY SELECTION FOR A CHILD IN VIETNAM

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

🌐Facebook:  DB Legal Vietnamese Fanpage or DB Legal English Fanpage 

🐦X(Twitter)

💼Linkedin

🎬Youtube

 

 

Contact us

Add 1: 3rd Floor, Indochina Riverside Tower, 81 Tran Phu Street, Hai Chau Ward, Danang City, Vietnam

Add 2: 28 Thanh Luong 20, Hoa Xuan Ward,  Danang city, Vietnam

Hotline 1: (+84) 357 466 579

Hotline 2: (+84) 985 271 242

Phone: (+84) 236.366.4674
Email: contact@dblegal.vn

zalo
whatsapp