In Vietnam, birth registration is a fundamental civil procedure that affirms a child’s legal identity and access to basic rights such as nationality, healthcare, and education. However, when a child is born to parents who are not legally married, questions often arise regarding the registration process, the child’s legal status, and the rights of each parent. This article explores the legal framework governing birth registration in such cases, clarifies the procedures involved, and highlights the rights and responsibilities of unmarried parents under Vietnamese law.
1. Is Marriage Required for Birth Registration in Vietnam?
“Article 30. The right to registration of birth and death
1. An individual, when born, has the right to have his/her birth registered.”
According to Article 30.1 of the 2015 Civil Code, every individual has the right to birth registration from the moment of birth, a birth certificate is independent of the marital relationship between the parents.
2. Can Unmarried Parents Register a Child’s Birth in Vietnam? (Including Mixed-Nationality Cases)
In Vietnam, children born to unmarried parents can still be registered for birth regardless of the parents’ marital status or nationality. The birth registration procedure varies depending on specific circumstances, such as whether both parents are present and jointly acknowledge the child, or whether one parent is absent or does not wish to be identified. When the child is born to a Vietnamese and a foreign national, additional legal procedures may apply.
In such cases, foreign documents – including passports, certificates of unmarried status, or paternity recognition — must be duly notarized, legalized (or apostilled), and translated into Vietnamese to be accepted by local authorities. Depending on the child’s eligibility for dual citizenship, birth registration may be submitted to the district-level People’s Committee or the provincial Department of Justice. If the foreign parent (typically the father) is not present in Vietnam or refuses to cooperate, the Vietnamese mother may still proceed with the birth registration as a single parent. In that case, only her name will be recorded on the birth certificate.
3. Required Documents for Birth Registration
The following documents are typically required:
- Birth certificate issued by the hospital (Giấy chứng sinh);
- Identification documents of both parents (passport/ID card);
- Household registration book (Sổ hộ khẩu) or residence certificate;
- Declaration form for birth registration;
- Written agreement on recognizing the father (if the parents are not married and the father wishes to be named).
If the father is absent or not involved, the mother may register the child as a single parent, and only her information will appear on the birth certificate.
4. Legal Notes & Common Issues
- Children born out of wedlock have equal rights under Vietnamese law as those born to married parents.
- Birth registration is allowed regardless of the parents’ marital status.
- Issues may arise if one parent is missing or unwilling to cooperate.
- In cross-border cases, consulates and embassies may need to be involved to certify documents or confirm identity.
While Vietnam allows birth registration for children of unmarried parents, certain legal and procedural requirements must be met – especially if paternity is to be acknowledged or if one parent is a foreign national. Understanding the legal framework and preparing the correct documents can help avoid delays and complications.
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– Nguyen Huong Huyen-