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Question 1.  We didn’t register for our marriage, can we apply for a Birth Certificate for my child?

Answer - Yes, you can. Because your spouse is a foreigner and you are Vietnamese and has not yet registered for your marriage, you must go through the parent ship certification procedure (if the father/mother has foreign nationality) after that, we will carry out birth registration procedures for children born out of wedlock and foreign elements.

Question 2. We don’t have Marriage Certificate, can I fill in Father’s information of Birth Certificate?

Answer - Yes, you can. Provided that the father must be present when carrying out the parent ship certification procedure combined with registering the birth together foreign elements and required fill in “Father” information.

Question 3. Does my child have a foreign name on Vietnamese birth certificate?

Answer - Yes.

At Point c, Clause 1, Section III of Circular No. 1/2008/TT-BTP dated 2 June 2008, guiding the implementation some provisions on Decree No. 158/2005/ND-CP dated 27 December 2005 of the Government on civic status registration and management has provided specific guidelines for civil status registration with foreign elements. Accordingly, in cases a parent chooses Vietnamese nationality to their child, the child’s name is the Vietnamese name (for example: Nguyen Thien An) or Vietnamese name combined with foreign name (Example: Nguyen Thien Annie) based on the parent's choice.

Question 4. We didn’t register for our marriage and our child was born in Vietnam, can they possess foreign nationality?

Answer - In accordance with the provisions at Article 16 of Vietnamese Nationality Law, the child will possess Vietnamese nationality if their parents have agreement for the child to possess Vietnamese nationality. Whether or not the child possesses a foreign nationality depends on the law of the country of which the child’s parents are citizens.

Question 5. Time for applying for a Birth Certificate and birth registration obligation?

Answer - Within 60 days, from the date the child was born, parents take responsibility for applying for a Birth Certificate; In the case a parent can do that, grandfather, grandmother or relatives on behalf of the parent apply for Birth Certificate.

Question 6. Where can I register a Birth Certificate for my child?

Answer - At present, the City Justice Department has handed over civil status processing to the Judicial Office of the District People’s Committee belonging to provinces/cities where one of the parents resides.

Reference: Nhigia.vn