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Photo: Lovely children from Vinh Long Orphanage 

Nowadays, foreigners from other countries wish for child adoption in Vietnam and bring them up to his/her country for custody. Vietnam in the meantime encourages the adoption for better conditions on life, environment, education system which would bring to the children when living with the new family.  However, the adoption conditions are still regulated strictly and its acceptance procedures are considered and controlled stringently by competent authorities of the Government.

We will provide to you the regulated conditions of the adoptive parents need to be met as below:

GENERAL CONDITIONS OF THE ADOPTIVE PARENT

The adoptive parent has to meet fully conditions as below for adoption:

  • Having full civil act capacity;

  • Being 20 years or more older than the adopted person;

  • Having health, financial and accommodation conditions for assuring the care for and nurture and education of the adopted child.

  • Having good ethical qualities.

  • And not being one these following cases:

    • Having some of the parental rights over a minor child restricted:

    • Currently serving an administrative handling decision at an educational institution or medical treatment establishment;

    • Currently serving an imprisonment penalty:

    • Having a criminal record of commission of any of the crimes: intentionally infringing upon another’s life, health, dignity and honor; maltreating or persecuting one’s grandparents, parents, spouse, children, grandchildren or caretaker; enticing or compelling a minor to violate the law or harboring a minor violator; trafficking in. fraudulently swapping or appropriating children, which has not been remitted yet.

CONDITIONS OF THE FOREIGNER ADOPTIVE PARENTS

After meeting fully conditions above, Vietnamese living abroad, foreigners permanently living abroad will be entitled to adopt identified Vietnamese children if they fall into the following cases:

  • Being the step father or step mother of the to-be-adopted child;

  • Being natural aunt or uncle of the to-be-adopted child;

  • Having adopted a child who is a sibling of the to-be-adopted child;

  • Adopting a child who is disabled or infected with HIV/AIDS or another dangerous disease, including: children with cleft lip and cleft palate, children who are blinded with one or two eyes; mutism, deaf; dumb; children with curved arms or legs, children with missing fingers, hands, foot (feet), toes, children infected with HIV; children with heart diseases; children with navel, groin, belly hernia; children without an anus or sexual organ; children with blood disease; children with diseases requiring life-long treatment; children with other disabilities or dangerous disease which restricting the chances of adoption;

  • Being foreigners currently working or studying in Vietnam for at least 1 year.


Source:
ANT Lawyers

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Consular legalization of a Birth Certificate means the competent Vietnamese agencies' certification of stamps, signatures and titles, not covering certification of contents and forms on a foreign Birth Certificate for being recognized and used in Vietnam.

Therefore, parents who want to use the Birth Certificate issued by foreign competent authorities in Vietnam, have to legalize that document to be binding and enforceable. Moreover, in the era of globalization and progress, Vietnam has increased its interactions with nations worldwide. Consequently, there is an unavoidable demand for the legalization of birth certificates. 

Required documents:

It can be identity card, passport or valid passport substitute 

Provide 01 original and copy

  • Birth Certificate which you want to legalize

Those have to be approved by diplomatic missions, consulates or other agencies authorized to perform consular functions of the foreign country

Provide 01 original and copy

  • Translation of papers and documents requested into Vietnamese or English

If the papers and documents are not prepared in these languages 

Provide 01 original and photocopy

* Note: Translations are not certified. The applicant must be responsible for the accuracy of the translation.

Process:

Step 1: Click Apply Now and fill out Service Application Form on our website

Step 2: Confirm all information and make payment via our payment gateways

Step 3: Receive a confirmation email to use the service

Step 4: Send us the necessary documents as requested

Step 5: Send the original documents to the competent authority in Vietnam.

Step 6: Receive the results after the estimated time as agreed.

We - Vietnam-immi.org is a team of experts in Vietnam Visa & Government work with more than 15 years experience & industry knowledge. Understanding the complexity of the Vietnam paperwork process, we aim to become the solution to your Vietnam's legal document requests. We promise to help you get your documents be consularly legal fast and easy.

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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

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Question: I am a foreigner married to a Vietnamese national. My wife and I fulfilled procedures for marriage registration under the law of the US in 2020. We are now living in the US but,in the future, we wish to permanently reside in Vietnam. When we return to the country, will our marriage certificate be recognized?

Answer:

Under Vietnam’s law, your marriage registration in the US will be legally valid in Vietnam after it is recorded in the civil status register by the Department of Justice of the province or centrally run city where you reside (the civil status register is a register kept at the civil status registration agency to certify or record civil status events).

Under Article 34 of Government Decree 123/2015/ND-CP of November 15, 2015, detailing a number of articles of, and measures to implement, the Law on Civil Status, the marriage between a Vietnamese citizen and a foreigner which has been registered overseas with a foreign authority will be recorded in the civil status register if, at the time of marriage, the two parties met the marriage requirements and did not violate the prohibitions prescribed by the Law on Marriage and Family of Vietnam.

In case the parties failed to satisfy the marriage conditions but did not violate the prohibitions prescribed by Vietnam’s law at the time of marriage registration, their marriage will also be recorded in the civil status register if, at the time of request for the recording of the marriage in the civil status register, the event that led to their failure to satisfy the marriage conditions has been remedied or the recording of the marriage aims to protect the interests of the involved Vietnamese citizen and child(ren), if any.

 

Source: Vietnam Law and Legal Forum

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