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 registration 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. This provision is stated in the Civil Code and Clause 1, Decree No. 123/2015/ND-CP. 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, Circular 04/2020/TT-BTP regulating the content of birth registration 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 Clause 2, Article 26 of 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.

Currently, following the trend of integration, many parents want to name their children a foreign name. Based on the above provisions and principles, the law of our country does not allow that. In the case of a child whose parent is a foreigner, Clause 2, Article 16 of the 2008 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 of our country has promulgated regulations on naming, which the family and given names must meet these regulations to be recorded on the Birth Certificate. 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. ANT lawyers have Attorneys in Hanoi, Attorneys in Ho Chi Minh and Attorneys in Danang.

Nguồn: https://antlawyers.vn/library/how-to-name-a-child-on-birth-certificate-under-vietnam-law.html

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.

Nguồn: https://antlawyers.vn/legal-service/how-to-legalize-birth-certificate-in-vietnam.html

It is a legal requirement in Vietnam to register the recognition of father, mother of a child regardless the child’s parents are married or not. Such recognition shall be made on the newly issued birth certificate of the child.

The recognition of the father, mother protects the legal rights of all involved parties. For the family involving foreign elements i.e foreigners, expatriates living in Vietnam, the procedure for recognition of father, mothers of a child have to follow the laws of Vietnam, through various steps at Vietnam Authority including People’s Committee, Provincial Department of Justice and at Consular of foreign country where the mother or father of the child comes from.

The dossiers of application for recognition of fathers, mothers or children shall include the following papers:

-The application for recognition of father, mother of the child;

-The copies of the ID (for Vietnamese citizens staying in the country), or passports or substitute papers (for foreigners and Vietnamese citizens in foreign countries);

-The copies of the birth certificates of the persons to be recognized as child;

-Papers, documents or evidences (if any) to prove that there is a blood relationship between the father or mother and the child;

-The copy of the household registration book or collective resident certificate (for Vietnamese citizens permanently residing in the country);

-The permanent residence card (for foreigners permanently residing in Vietnam) of the persons to be recognized as father or mother.

Documents issued in foreign language shall need to be translated into Vietnamese, notarized or legalized to conform with legal document requirements of Vietnam authorities.

The time for processing dossiers at various authorities depend on the submitted documents and the time taken by the authorities to validate the case and could range between two weeks to two months.

The Vietnam authorities will need to study and examine dossiers of application for recognition of father, mother of the child. In cases where there is any doubts, complaints or denunciation about the recognition of father, mother of the child, or whether it is deemed that the personal identification of the involved parties or papers in the dossiers of application need to be clarified, the Provincial Department of Justice shall carry out the verification, including interviews with the involved parties or request for the additional proof.

Once the application is processed, verified and confirmed, the revised birth certificate of the child will be issued to reflect the changes which will show the name of the father or mother added.

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 Attorneys in Hanoi, Attorneys in Ho Chi Minh and Attorneys in Danang.

ANT Lawyers 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:

And not being one these following cases:

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:

According to the regulations, the authority whom issue copy extract of birth certificate will not depend on the place of residence of the person having the right to request, hence the requester can apply for a copy of extract birth certificate at civil status management agencies nationwide. However, at present, because the electronic civil status database system has not been synchronized nationwide, the request for issuance of a copy of civil status extract is still within the competence of the People’s Committee of the province, commune where the birth was originally registered. The birth certificate extract from the original has the same value as the original.

Applying for a copy of extract birth certificate is an administrative procedure. Specifically, the person who wishes to apply for a copy of extract birth certificate can do this by himself or authorize another person to carry out this procedure. In addition, the requester can apply in person or send it by post or submit an application online through the national public service portal.

In addition, the application for a copy of extract birth certificate must also comply with the regulations. Accordingly, the dossier includes: (i) Declaration; (ii) The original of one of the identification papers to prove identity; (iii) Power of attorney or documents proving the kinship relationship. The authorization must be made in writing and authenticated according to the law. In case, authorizing a relative, the authorization document does not need to be notarized or authenticated, but documents relating to the relationship with the authorizing person is needed. If the documents are in a foreign language, they must be translated into Vietnamese and notarized or authenticated by the translator’s signature as prescribed by law.

Within three working days from the date of receipt of the dossier, the civil status registration and management agency will verify the dossier and compare the information in the electronic civil status database. If the request for certification is correct, a document certifying civil status information shall be returned to the requester. In case of having to check and verify, the time limit can be extended but not exceeding ten working days. If the birth registration data is not found, the civil status agency will normally send a written reply with the content not found in the data.