Lawyers advise on birth registration procedures for children with foreign elements
Truong Quyen Law Office - Davilaw Branch advises on procedures, legal regulations and birth registration records for children with foreign elements in Vietnam.
Nowadays, marriage between Vietnamese and foreigners and living together with children is very common. The need for these couples to register their children's birth is an essential need, in accordance with the law and the child's right to have their birth registered. Therefore, Truong Quyen Law Office - Davilaw Branch proposes to provide consulting services, complete procedures, and register births for children with foreign elements in Vietnam, specifically as follows:
1/ Consulting on Vietnamese legal regulations on order, procedures, authority to resolve, birth registration documents for children with foreign elements in Vietnam.
First of all, it is necessary to determine the cases that are understood to have foreign elements in this case, which is that children born in Vietnam have:
– Father and mother are foreigners, currently residing in Vietnam
– One parent is a foreigner, and the other is a Vietnamese citizen residing abroad (in case the mother resides in Vietnam)
– One parent is a foreigner and the other is a Vietnamese citizen residing in Vietnam
2/ Truong Quyen Law Office - Davilaw Branch advises, supports, drafts documents and prepares birth registration records for children, including the following items
Pursuant to Article 50 of Decree No. 158/2005/ND-CP on civil status registration and management of the Government stipulates:
The person registering birth shall submit the Birth Certificate or a document replacing the Birth Certificate according to the provisions of Clause 1, Article 15 of this Decree and present the Marriage Certificate of the child's father and mother (if the child's father and mother are have registered marriage).
In case a parent chooses foreign nationality for their child, there must be a written agreement between the father and mother regarding the choice of nationality. The agreement on choosing nationality must have confirmation from a competent state agency of the country of which the foreigner is a citizen that the choice of nationality for the child is in accordance with the law of that country.
Documents needed to prepare include:
Original Birth Certificate issued by the medical facility where the child was born or a document replacing the Birth Certificate (if the child was born outside a medical facility, the Birth Certificate is replaced by a written confirmation from the person witness; in case there is no witness, the person registering the birth must make a certificate certifying that the birth is real).
Agreement between the child's father and mother on the choice of nationality in case the father and mother choose foreign nationality for the child. The agreement must have confirmation from a competent state agency of the country of which the foreigner is a citizen that the choice of nationality for the child is in accordance with the law of that country (it has been consularly legalized and translated). into Vietnamese).
In addition, when submitting the application, you need to present the following documents for comparison:
Copies with originals or certified copies of the following documents: Parents' marriage certificate (if the child's parents have registered their marriage); Identity card or Passport; Household registration book or Temporary residence registration book (for Vietnamese citizens in the country); Permanent residence card or temporary residence card or temporary residence certificate (for foreigners residing in Vietnam).
Authorization document or documents proving personal relationship (in case of authorization)
3/ Truong Quyen Law Office - Davilaw Branch advises on the authority to register birth for children with foreign elements as follows:
Pursuant to Article 49 of Decree No. 158/2005/ND-CP on civil status registration and management of the Government stipulates:
a. Birth registration for children born in Vietnam, whose parents are foreigners, is done at the Department of Justice, where the father or mother resides, if they so request.
b. Birth registration for children born in Vietnam, one parent is a foreigner and the other is a Vietnamese citizen residing abroad, is carried out at the Department of Justice, where the person resides. Mom.
c. Birth registration for children born in Vietnam, one parent is a foreigner and the other is a Vietnamese citizen residing in Vietnam, is carried out at the Department of Justice, where the child resides. The mother or father is a Vietnamese citizen.
4/ Truong Quyen Law Office - Davilaw Branch receives services to complete documents, request confirmation from competent state agencies, collect documents, contact to submit - receive results at the Department of Justice to declare giving birth to children with foreign elements in accordance with the law.
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For detailed advice and support, please contact:
TRUONG QUYEN LAW OFFICE – DAVILAW BRANCH
Address: 42/5 Ho Dac Di, Tay Thanh Ward, Tan Phu District, Ho Chi Minh City
Email: contact@vingroup.net
Web: https://davilaw.vn