How to Name a Child under Birth Certificate Registration in Vietnam ?

Name is the most basic element to identify and distinguish individuals. However, the naming must follow the provisions of law to be recorded on the birth certificate and be legally valid. The birth certificate registration in Vietnam is stipulated by the Civil Code, Law on Civil Status, and relevant decrees in Vietnam.

The Civil Code has affirmed the right to have family and given names as follows: 

“Each natural person has right to have a family name and a given name (including a middle name, if any). The family and given names of a person shall be the family and given names on the birth certificate of such person”.

One of birth certificate registration in Vietnam contents mentioned in the Law on Civil Status is: 

“Information of the person whose birth is registered: family name, middle name and first name; gender; …”.

In which, the family name of a person will normally follow his/her biological father’s or mother’s as mutually agreed between the parents; if the parents fails to agree, the person’s family name shall be determined according to customary practices. If the father of such person is undetermined, his/her family name shall be passed from his/her natural mother’s.

The Civil Code also provides the naming principle:

“The name of each Vietnamese citizen must be in Vietnamese or other ethnic minority languages of Vietnam and not include any figure or any symbol other than a letter”.

In addition, the content of birth certificate registration in Vietnam requires:

“The last name, ethnicity and full name of the child must be determined in compliance with regulations of laws and in a manner that honors national identity and fine traditions and customs of Vietnam; the name shall not be too long or hard to use”.

However, this regulation lacks transparency and clarity because there is no standard to determine how a name is considered as preserving the national identity, custom and how many words of the name are considered too long.

For abandoned children whose biological parents have not yet been identified, the child’s family name shall be determined based on actual circumstances as prescribed in the Civil Code.

If the child has been adopted, the child’s family name is determined according to the adoptive father’s or adoptive mother’s according to the agreement of the adoptive parents and the birth registration will be done by the adoptive father or mother. If the child has not been adopted, the child’s family name shall be determined at the request of the head of such child-nursing establishment or the request of the person requesting birth registration for the child.

Can you name a Vietnamese child a foreign name under birth certificate registration in Vietnam?

Currently, following the trend of integration, there are cross culture parents which many want to name their children a foreign name. 

In the case of a child whose parent is a foreigner, Law on Vietnamese Nationality stipulates:

“A child either of whose parents is a Vietnamese citizen at the time of his/her birth and the other is a foreign national has the Vietnamese nationality if so agreed in writing by his/her parents at the time of birth registration. In case a child is born in the Vietnamese territory but his/her parents fail to reach an agreement on the selection of his/her nationality, the child has Vietnamese nationality”.

Thus, if the child has Vietnamese nationality, he/she is still not named after a foreign name even though the parent is a foreigner. On the contrary, if the parents both agree for the child to have a foreign nationality, the naming of the child will follow the regulations of that country instead of the regulations of Vietnam.

The law Vietnam has promulgated regulations on naming, which the family and given names must meet these regulations to be recorded for the birth certificate registration in Vietnam. Parents need to pay attention to this so that the birth registration process for the child is convenient, minimizing errors.

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance while doing business in Vietnam. ANT lawyers, a law firm in Vietnam has attorneys in Hanoi, Ho Chi Minh and  Danang. 

Birth Registration with Foreign Element

From January 1st 2016, the Law on Civil Status of 2014 went into effect, replacing other documents on the registration and management of civil status. Accordingly, the law has clearly defined the authority for registration and management of civil status of the Commune People’s Committee and the District People’s Committee. Commune People’s Committee in charge of the registration and management of civic status that do not have foreign element. The remaining case that have foreign element will be under the jurisdiction of registration and management of the District People’s Committee.

For the case of children born in the territory of Vietnam, whose father is foreigner and mother is Vietnamese, but the parent does not have legal marriage (in other words: illegitimate children), the competent for birth registration belongs to the District People’s Committee where the father or mother reside.

In terms of the birth registration procedure, the Law on Civil Status provides only the procedure in case that the parents of the birth registration children have legal marriage.

The remaining case that parents of the birth registration children do not have legal then according to the provisions of the Law on Civil Status, if the father wants his name to be included in the birth certificate of the children, he have to register through adoption procedure. Accordingly, the father requesting for children adoption have to submit the declaration, documents to prove paternity, copy of passport or valid documents that can replace passport to prove his identity to the District People’s Committee where the father of the children reside.

Within 15 days of receiving valid dossier, the civil status authority will carry out the verification, listed the recognition of father and children at the headquarters of the District People’s Committee within 07 consecutive days. At the same time, the Commune People’s Committee where the child resides will list within 07 consecutive days at the headquarters of the Commune People’s Committee.

After the listing has been expired, the Justice Department proposed Chairman of the District People’s Committee to decide on the recognition of the father and son. Once registering for the recognition of the father and children, Chairman of the District People’s Committee provide excerpts for the parties.

The registration procedure for recognition of father and children must be done simultaneously or be conducted prior to birth registration of the children.

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers have law firm in Hanoi, law firm in Ho Chi Minh and law firm in Da Nang.

Cre:https://antlawyers.vn/library/birth-registration-with-foreign-element.html

How to Apply Birth Certificate in Vietnam?

For children of foreigner and Vietnamese born in Vietnam, the procedure to apply for birth certificate in Vietnam is carried out at the Vietnam’s provincial Department of Justice. But it is not that simple in some situations and it might take huge amount of time from busy parents. The differences in cultures, names order, languages, marriage status might add different levels of complexity.

Challenges in registering birth certificate in Vietnam?

In today’s globalized world, it has become more common that people from different cultural backgrounds travel, and meet their spouse. Their children were born with happiness however they would face difficulties when applying for birth certificate for the newborn in Vietnam.

For the parents, the difficulties of registering birth certificate in Vietnam could range from the choice of name, nationality, or whether or not the child is born out of wedlock, if some papers needed notarization or legalization not not, would DNA tests would be required to confirm the father for the child in case of doubt.

What is the authority that issue birth certificate in Vietnam?

When a child between a foreigner and a Vietnamese is born in Vietnam, according to the regulation on the registration and management of civil status, the Department of Justice will be the Vietnam government agency issuing the birth certificate.

The parents need to fill in the standard forms and provide the birth documents from hospital, marriage status documents, personal identification papers and other supporting documents depending on various situations so as the government offices could check and validate.

In cases where parents choose foreign nationality for the child, they must obtain the agreement of the parents about the choice of nationality. The valid agreement of the parents about the choice of nationality shall be certified by the local authority.

After receiving an application dossier for birth certificate for newborn in Vietnam, civil status officials of the Department of Justice records in the birth registration and original birth certificate. The director of the Department of Justice shall sign and issue an original birth certificate for the newborn. Copies of birth certificates are issued at the request of the applicant.

For children born out of wedlock, if the father is not identified, the information about the father in the birth registration book and birth certificate are left blank. When the father officially agrees to recognize father for a child, he has to carry out the procedure at the Vietnam’s provincial Department of Justice. The birth certificate could also be revised to reflect the father’s details into the new birth certificate. This birth certificate will be very important when the father applies foreign citizenship for the child.

The child can be named according to parental choice to be recorded on the birth certificate.

How a law firm could help the client to get a birth certificate in Vietnam?

Most of the time, the application for birth certificate could be done by parents themselves. But for children born out of cross marriage, there could be challenges as mentioned above. The challenges arisen might be from the lacking of understanding or the unclear regulations or the difference of cultures, practices, languages. The lawyers in Vietnam could evaluate the situations and assist the client to prepare the documents according to the requirements of law, go through the procedures of notarization and translation if needed, and assist the client in explaining the situation to the government officer.

Cre:https://antlawyers.vn/library/how-to-apply-for-birth-certificate-in-vietnam.html

How to Legalize Birth Certificate in Vietnam?

How to Legalize Birth Certificate in Vietnam?

Legalize birth certificate is the authentication of signature and stamp on the birth certificate issued by the foreign country or organization in order for that document to be recognized and used in Vietnam.

In principle, the Vietnam State authorities only accept considering birth certificate that has been legalized, unless the law of Vietnam and international treaties in which Vietnam has signed or participated has other provisions.

In the trend of integration and development, Vietnam has expanded exchanges with all countries in the world. Therefore, the demand for legalize birth certificate is inevitable. ANT Lawyers is honored to provide the service to legalize birth certificate, evaluating the legitimacy of the birth certificate and on behalf of institutions and individuals to perform the procedure at the state agencies with the most reasonable cost.

The process to legalize birth certificate includes:

Step 1: Receipt of birth certificate record from client and conduct the document translation;

Step 2: Get the judicial stamp for the translation of birth certificate

Step 3: Get legalized stamp for the birth certificate

Step 4: Get the stamps of embassies, consulates for birth certificate

Step 5: Return the legalized birth certificate record to customer

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers have Law firm in Hanoi, Law firm in Ho Chi Minh and Law firm in Danang.

Cre:https://antlawyers.vn/library/how-to-legalize-birth-certificate-in-vietnam.html