Birth Registration with Foreign Elements in Ho Chi Minh City: A Complete 2026 Guide

1. Legal Framework (Updated 2026)

- Civil Code 2015;

- Law on Marriage and Family 2014;

- Law on Civil Status 2014;

- Decree No. 120/2025/ND-CP (Latest guidance on civil status registration);

- Circular No. 04/2024/TT-BTP of the Ministry of Justice;

- Decision of the HCM City People's Committee on administrative procedures via the "Digital Citizen" portal.

2. Key Legal Concepts

2.1. What is Birth Registration?

According to the 2015 Civil Code, every individual has the right to have their birth registered upon being born. The law does not provide a specific definition for birth or birth registration. However, birth registration can be understood as the legal procedure of recording the birth of an individual in the civil status book at a competent state agency. This procedure includes declaring basic information of the newborn such as full name, date of birth, sex, place of birth, ethnicity, nationality, hometown, parent-child relationship, and parental information.

2.2. What is Birth Registration with Foreign Elements?

Birth registration with foreign elements is the birth registration procedure for children involving foreign elements, including:

• Children born in Vietnam where one parent is a Vietnamese citizen and the other is a foreign national or stateless person;
• Children born in Vietnam where one parent is a Vietnamese citizen residing in Vietnam and the other is a Vietnamese citizen residing abroad;
• Children born in Vietnam where both parents are Vietnamese citizens residing abroad;
• Children born in Vietnam where both parents are foreign nationals or stateless persons;
• Children born abroad where one or both parents are Vietnamese citizens.

3. Dossier for Birth Registration with Foreign Elements

3.1. Documents to be Presented

• Passport/ID Card/Citizen Identification Card or other documents with a photo and personal information issued by a competent authority, which are still valid;
• Documents proving place of residence;
• Marriage Certificate (if the parents are married);
• Documents proving the child's legal entry into Vietnam and a written confirmation from the competent police authority regarding the child's residence in Vietnam (for children born abroad to one or two Vietnamese citizen parents, whose birth has not been registered abroad, and who are now residing in Vietnam).

3.2. Documents to be Submitted

• A birth registration application form (issued with Circular No. 04/2024/TT-BTP);
• A Certificate of Live Birth; In the absence of a Certificate of Live Birth, a written testimony from a witness confirming the birth must be submitted; if there is no witness testimony, a written affidavit of the birth must be provided.
• A written agreement between the parents on the choice of nationality for the child (in cases where one or both parents are foreign nationals); If the parents choose a foreign nationality for the child, in addition to the written agreement, there must be a confirmation from the competent authority of the country whose nationality is chosen, stating that the child's nationality complies with the laws of that country.
• A legally notarized power of attorney as prescribed by law (in case of authorizing another person to carry out the birth registration).

3.3. Important Notes

• The applicant for civil status registration may submit certified true copies from originals, copies issued from master registers, or photocopies accompanied by the originals for comparison.
• Documents issued, notarized, or certified by foreign competent authorities for use in civil status registration in Vietnam must be consularly legalized, unless exempted under an international treaty to which Vietnam is a party.
• Documents in a foreign language must be translated into Vietnamese, and the translation must be notarized or the translator's signature must be authenticated as required by law.
• In cases where the person registering the birth is a grandparent or other relative, a power of attorney from the child's parents is not required, but there must be a consensus with the parents on the contents of the birth registration.

4. Implementation Procedure

4.1. Registration Steps

• Step 1: Prepare a complete dossier for birth registration with foreign elements;
• Step 2: The applicant submits the dossier in person or by post to the competent Civil Status Registration Authority; or submits it online via the National Public Service Portal. At the same time, pay the birth registration fee; and the fee for issuing copies of the Birth Certificate (if any);
• Step 3: The receiving officer cross-checks the information in the application form and verifies the accuracy and validity of the dossier;
• Step 4: The civil status officer appraises the dossier;
• Step 5: The civil status officer records the birth information in the Birth Registration Book;
• Step 6: Receive the Birth Certificate.

4.2. Competent Authority

- For children born in Vietnam: The Commune-level People's Committee of the place of residence of the father or mother.

- For children born abroad: The Commune-level People's Committee of the place of residence of the child whose father or mother, or both, are Vietnamese citizens.

4.3. Processing Time

Immediately on the day of dossier receipt; if the dossier is received after 3:00 PM and cannot be processed immediately, the result will be provided on the next working day.

5. Conclusion

Birth registration with foreign elements is a fundamental procedure, tied to the basic personal rights of every individual, and contributes to ensuring the state's administrative order regarding civil status. Understanding the procedure will help parents and relatives of the child to be proactive in preparing the dossier, avoiding unnecessary mistakes, and ensuring the child's legal rights from birth. Thus, this procedure is not only of legal significance but also reflects the responsibility of the family and society in protecting and caring for the future generation.

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) Legal Advice on Choosing Foreign Citizenship for Children upon Birth Registration;

4) 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