Vietnamese law allows children of unmarried parents to be registered at birth. VNA/VNS Photo

Vũ Vân Anh, LLM

Vietnamese law allows children of unmarried parents to be registered at birth. However, if the father wishes to have his name included on the birth certificate, the paternity recognition procedure must be completed. This Q&A provides a brief guide to the formalities involved.

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 Việt Nam? If so, can my name be included on the birth certificate?

Yes. You may register your child’s birth in Việt Nam even if you and your partner are not married.

Under 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 condition for birth registration.

However, whether your name can be included on the birth certificate depends on whether the legal procedure for recognising the father-child relationship has been completed.

Pursuant to Article 15 of Government Decree 123/2015/ND-CP, if the father has not been legally recognised at the time of birth registration, for example, where the parents are unmarried and paternity recognition has not yet been carried out, the father’s details will be left blank in both the birth certificate and the civil status register. In that case, the child’s surname, ethnicity, place of origin and nationality will be determined based on the mother’s information.

In your situation, you may request recognition of paternity at the same time as filing for birth registration. The competent authority will process both procedures simultaneously. Once completed, your information will be fully recorded on 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, if you wish to combine birth registration with paternity recognition, the following documents must be submitted:

(1) Application forms:

• A birth registration application form; and
• A paternity recognition application form

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

(2) Proof of birth:

• A birth certification issued by a medical establishment; or
• 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; and
• If a foreign nationality is chosen, a document issued by the competent authority of the relevant foreign country (such as an embassy or consulate) confirming that the child is eligible for that nationality under its law

(4) Evidence of paternity:

• A DNA test result issued by a legally authorised medical or forensic institution in Việt Nam or abroad; or
• If DNA testing is not available, a written statement from the father acknowledging the father-child relationship, together with 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, where one parent is a foreign national and the other is a Vietnamese citizen residing in Việt Nam, the application must be submitted to the district-level People’s Committee of the locality where the Vietnamese parent resides.

However, as from July 1, 2025, Việt Nam has implemented a new two-tier local administration model. District-level People’s Committees no longer operate, and civil status registration functions, including birth registration and paternity recognition, have been transferred to commune-level People’s Committees. Pending amendments to Circular No. 04/2020/TT-BTP, you should contact the commune-level People’s Committee where your partner resides for specific guidance.

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

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

• The application-receiving officer will examine the dossier to verify its completeness and validity.
• Within 15 working days, the civil status officer will review and verify the information and supporting documents to ensure they are accurate and lawful.

If the paternity recognition is 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 the relevant registers. The information will also be updated in the shared-use civil status registration management system. If Vietnamese nationality is selected for the child, the information will be forwarded to the National Population Database for issuance of a personal identification number.

Please note that under the 2014 Law on Civil Status, birth registration must be completed within 60 days from the date of birth. If the parents fail to do so, responsibility may fall upon the child’s grandparents, other relatives or legal guardian. — VNS