1. Can an Australian citizen's child get a birth certificate in Vietnam?

Question: I am Vietnamese with Australian citizenship. Previously I settled in Australia, but now my Australian husband and I want to return to Vietnam to have a baby. So, can my child get a birth certificate in Vietnam?

Reply:

The child of an Australian citizen born in Vietnam can be naturalized as an Australian citizen and enjoy all the rights of a regular Australian citizen, as long as the child's parents can prove it at the time of birth. When a child is born, the parent has Australian citizenship.

Based on Article 35 of the Law on Civil Status::

District-level People's Committees of places of residence of fathers or mothers shall register birth for children in the following cases:

“1. Children born in Vietnam:

a/ Having a parent being a Vietnamese citizen and the other being a foreigner or a stateless person;

b/ Having a parent being a Vietnamese citizen residing in the country and the other being a Vietnamese citizen residing abroad;

c/ Having both parents being Vietnamese citizens residing abroad;

d/ Having both parents being foreigners or stateless persons.

2. Children born abroad with their birth not yet registered abroad and taken to reside in Vietnam:

a/ Having both parents being Vietnamese citizens;

b/ Having a parent being a Vietnamese citizen.”

Thus, birth registration with foreign elements is carried out in accordance with Vietnamese law on nationality. Registration authority will belong to the district People's Committee where the father or mother resides to register the child's birth.

2. Regarding birth registration procedures for children in Vietnam

Based on Article 36 of the Law on Civil Status 2014::

- The person registering birth registration submits the birth certificate or documents replacing the birth certificate according to regulations and presents the marriage certificate of the child's father and mother (if the child's father and mother 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.

- After receiving all valid documents, the civil status officer of the Department of Justice will record the birth registration book and the original birth certificate, and the director of the Department of Justice will sign and issue an original birth certificate to the declarant. born. A copy of the birth certificate is issued at the request of the person registering the birth.

- In the case of registering the birth of an illegitimate child, if the father cannot be identified, the father's section in the birth registration book and birth certificate is left blank.

If at the time of birth registration, someone recognizes the child, the Department of Justice will combine the handling of child recognition and birth registration.

- The child's name is a Vietnamese name or a foreign name according to the parents' choice.