Can unmarried parents register child’s birth in Vietnam?

I am a foreign national and my girlfriend is Vietnamese. We are expecting a child but are not married. Can we register our child’s birth in Vietnam? If so, can my name be included in the birth certificate?

Yes, it is possible to register your child’s birth in Vietnam even if you and your partner are not married. According to Article 30.1 of the 2015 Civil Code, every individual has the right to birth registration from the moment of birth. Marriage is not a legal prerequisite for this process.

However, the inclusion of your name in the birth certificate depends on whether the legal procedures for recognizing the father-child relationship have been completed.

Under Article 15 of Government Decree 123/2015/ND-CP, if the father has not been legally recognized at the time of birth registration (e.g., in case the parents are not married and the father has not yet completed the paternity recognition procedure), the father’s information will be left blank in both the birth certificate and the civil status register. In such case, the child’s surname, ethnicity, place of origin, and nationality will be determined based on the mother’s information.

In your case, you may request paternity recognition at the time of making birth registration for your child, the competent agency will settle both procedures simultaneously. Once the procedures are completed, your details will be fully included in the child’s birth certificate.

What documents do I need to prepare and where should I submit the application for birth registration and paternity recognition?

Under Section A.5, Part II of the Appendix to Decision 528/QD-BTP issued by the Ministry of Justice in 2023, you need to submit the following documents:

(1)  Application forms:

+ A birth registration application form

+ A paternity recognition application form

(Both are standard forms issued by the Ministry of Justice)

(2)  Proof of birth:

+ A written birth certification issued by a medical establishment

+ If not available, a written witness statement or a sworn affidavit from the mother confirming the birth

(3) Agreement on the child’s nationality:

+ A written agreement between the parents on the child’s nationality

+ If a foreign nationality is chosen, a document from the authority of the concerned foreign country (e.g., the embassy or consulate) confirming the child is eligible under the law of that country

(4) Evidence of paternity:

+ A DNA test result from a legally authorized medical or forensic institution (Vietnamese or foreign)

+ If DNA testing is not available, a written statement from the father acknowledging the father-child relationship, plus statements from at least two witnesses confirming the relationship

(5) Identification document of the father:

+ A valid passport or another equivalent identity document.

Under Article 15.1 of Ministry of Justice Circular 04/2020/TT-BTP, for cases where one parent is a foreign national and the other is a Vietnamese citizen residing in Vietnam, the application must be submitted to the district-level People’s Committee of the locality where the Vietnamese parent resides.

In your case, once you have prepared all necessary documents, you should submit your dossier to the single-window division or the public administrative service center of the district-level People’s Committee of the locality where your partner is residing.

Please be aware that as of July 1, new two-tier local administration model has been deployed in Vietnam. District-level People’s Committees no longer exist and the responsibility for civil status registration, including birth registration and paternity recognition, is transferred to other authorities, most likely the commune-level People’s Committees.  Hence, you should contact the commune-level People’s Committee of the locality where your partner is residing for further guidance.

What is the procedures and timeline for processing birth registration and paternity recognition?

According to Decision 528/QD-BTP mentioned above, the procedures for birth registration and paternity recognition are as follows:

+ The staff member who receives the dossier of application will check the completeness and validity of the dossier.

+ Within 15 working days, the civil status officer will verify the dossier to check whether the information, papers and documents declared or submitted by the applicant is/are consistent, accurate and valid.

+ If the paternity recognition is found to be legally valid and undisputed, and the birth information is complete and accurate, the civil status officer will record the paternity recognition and child registration in relevant registers, update and store information thereon in the shared-use civil registration management software, and if Vietnamese nationality is chosen for the child, forward the information to the National Population Database for creation of a personal identification number for the child.

Please keep in mind that under the 2014 Law on Civil Status, birth registration must be completed within 60 days from the child’s birth. If the parents cannot do this, the responsibility falls to the child’s grandparents, other relatives, or legal guardians.-