British Citizenship for my Child without Vietnamese Birth Certificate

Hi Everyone
My little boy (pic on the left of the cute little fella!) was born in Vietnam last year. I have the DNA test, correct paperwork from myself and his mum, his hospital birth certificate with my name and mum's on it, everything except the long form locally issued birth certificate. British Consular won't process his passport application without it and advised me upon return to UK to apply for Nationality Status paper - which I did - but the Border Agency in UK won't issue one as they said he doesn't need one as they've confirmed in writing that with the paperwork I submitted he's entitled to British Citizenship and to go ahead and apply for his passport.
But! Because my son is resident in Vietnam the application must be made in Vietnam - and the Embassy in Vietnam insist on the long form birth certificate with my name on it. But! The local justice department say I can't have my name on it unless I am married to his mother. Phew! Any info anyone - I've just spent 6 months, quite some fees and - even with a solicitor on the case -  am back at square one. HELP!

I suspect your solicitor was hired for the British side, not a Vietnamese one.

There is hope for your case.
The guiding law in your case is this decision
http://www.moj.gov.vn/vbpq/Lists/Vn%20b … 76#Dieu_35
http://moj.gov.vn/vbpq/en/Lists/Vn%20bn … temID=6374

The relevant section is
3. In case of registering the birth of an out-of-wedlock infant, if his/her father cannot be identified, the sections for information on father in the birth registration books and birth certificates shall be left blank. If by the time of birth registration, an infant is recognized by some one, the commune-level People's Committee shall handle the child recognition and the birth registration at the same time.

[u]So if you recognize the child and it is without dispute, you have the right to put your name on the birth certificate, if you recognize the child[/u]

Even the name of the father was left blank, you can demand to have it filled later on by the following section

Article 35. Supplementation, correction of birth registration books and birth certificates of children

1. Based on the decisions on recognition of father, mother, child, the commune-level People's Committees of the localities where the children’ births were registered shall fill in the sections for information on father, mother in the birth registration books and the originals of the children's birth certificates, if such sections remain blank.

Where duplicates of the birth registration book have been transferred for archival at the People's Committees of rural districts, urban districts, provincial capitals or towns (hereinafter called the district-level People's Committees), the commune-level People's Committees shall notify such to the district-level People's Committees for similar fill in.

2. Where the sections for information on father, mother in the birth registration books and the originals of the children's birth certificates have been written with the names of persons other than the natural fathers, mothers, the involved persons shall have to carry out the procedures for correction according to the provisions of Section 7 of this Chapter.


Good luck to you. Hire a good Vietnamese lawyer. You have law on your side.

Thanks so much, Anatta, for your advice and links which I appreciate very much and upon reading created a few more points.

1. The long form birth certificate has not been issued yet so this would not be an amendment.
2. His birth was not registered with the local authorities within the 60 days or even until this day.
3. His province of birth was Tay Ninh. Does a lawyer have to be located in that province to be able to provide the service or can I use one in HCMC or elsewhere in Vietnam? The reason I ask is that I return to Vietnam next week for a very long stay but will be staying in HCMC and Nha Trang.
4. I assume notes 1 and 2 are still possible with the correct fees paid?
5. Lawyer recommendations (is that allowed on here?)

Hi Richie,


I don't know about too much about the British Embassy in HCM City regarding child birth abroad. My son was born two years ago. The American Embassy will not process his passport unless he has a birth certificate in Vietnam. Based on my experiences and knowledge, local authority will not issued your child birth certificate unless you can show proof of receipt from the hospital and or/ along with a marriage certificate.

Alternative way to indentify your child birth without a marriage certificate.

1. Hospital will provide a proof of birth of your child with a receipt. If you are not married. Father's name will be omitted.... your child will take on the mother's name.

2. You have to register with People's committee in HCM city regarding the birth of your child within 60 days from the time of birth. There will be a penalty if your time has expired.

3. The father identify the child birth by submit the DNA test with People's Committee. The test has to done within the last 6 months. The DNA test will be transfer to Hanoi office for verification. Once the process is completed, a birth certificate will be issue.


I don't recommend any Lawyer for this because it is basically very simple process, just following the steps. Furthermore, most Lawyers in HCM are blood sucking leeches...... so be aware!

You can call or visit the People's Committe office in HCM for more details and information:

141-143 Pasteur in Ward 6 District 3

Telephone : 08.38290230


Good luck!

Richie

I just found an additional requirement for child registration where one of the parents is foreigner.

http://www.sotuphap.hochiminhcity.gov.v … aspx?ID=12

A summary in English is found here.
http://www.vietnamvisa-online.com/NewsD … x?newid=71

The reason I recommend a lawyer was because you mentioned "The local justice department say I can't have my name on it unless I am married to his mother" which led me to suspect there are some additional complications you have not mentioned, since they should not say that to a regular case.

Anyway, I don't know any lawyer to recommend. Your case should be handled from Tay Ninh province, not HCMC though a lawyer from Saigon should be fine. A local lawyer can make things smoother since he has the connections and knows his way around, since the law is practiced differently from place to place (as TomKat's case demonstrates).

Many children in the rural areas are registered late (despite the law) so it should not be a major detriment.

Hi. Thanks, guys, it's all very appreciated. It seems I have everything I need.
1) Hospital birth certificate (and strangely it does have my name and as well as the mothers)
2) DNA test done within the last 6 months
3) Family population book for Mum
4) Late penalty fee and usual fees
Will keep you posted, I'll start proceedings when I arrive next week and see from there.
Once again, thanks for all your advice and your time. It's very appreciated.
Richie

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