The right to receive fathers, mothers and children is a citizen's right recognized and protected by law. Therefore, the request to identify parents, children in the current period is also quite common. However, in order to identify these relationships, the requester needs to meet the strict rules of law. The following article will provide readers with the provisions regarding this issue.
The right to receive fathers, mothers and children is a citizen's right recognized and protected by law. Therefore, the request to identify parents, children in the current period is also quite common. However, in order to identify these relationships, the requester needs to meet the strict rules of law. The following article will provide readers with the provisions regarding this issue.
1. Competence to register recognition of fathers, mothers or children
- The commune-level People's Committee of the locality where the recipient or the recipient is the father, mother or child resides to register the recognition of father, mother or child. (Article 24 of Law on Civil Status 2014)
- The district-level People's Committee at the place of residence of the fathers, mothers and children shall register the recognition of fathers, mothers and children between Vietnamese citizens and foreigners; between Vietnamese citizens residing in the country and Vietnamese citizens residing abroad; between Vietnamese citizens residing abroad; between Vietnamese citizens and foreign nationals at the same time as Vietnamese citizens or with foreigners; between foreigners and one or both parties permanently reside in Vietnam. (Article 43 of the Law on Civil Status 2014)
2. Procedures for registering fathers, mothers and children
- In case there is no foreign element:
An applicant for recognition of a parent or child shall submit a declaration using the prescribed form and evidence proving paternity between the father and mother to the civil status registration office. When registering to recognize fathers, mothers and children, the parties must be present. (Clause 1, Article 25 of the Law on Civil Status 2014)
Evidence to prove the parent-child relationship includes one of the following papers and documents (guided by Article 11 of Circular 15/2015 / TT-BTP)
- Document of a medical agency, an assessment agency or another competent agency in the country or abroad certifying the father-son-mother-child relationship.
- In case of absence of the above-mentioned documents, there must be letters, films, tapes, discs, utensils and other articles proving the father-son relationship, the mother-son relationship and the father's / mother's affirmation document The fact that children are children of two people, with at least two relatives of father and mother testifying.
Processing time: Within 03 working days from the date of receipt of complete papers as prescribed, if deeming that the recognition of father, mother or child is correct and there is no dispute, judicial - civil status officials shall record in the Register civil status, together with the person who registers the father, mother, and child to sign in the vital records and report to the President of the People's Committee of the commune which issues the extract to the applicant
In case of necessity to verify, the time limit may be extended for no more than 5 working days.
- In case of foreign elements:
Provisions in Article 44 of the Law on Civil Status 2014
1. The person who requests registration for recognition of a parent or child shall submit a declaration using the prescribed form and papers, objects or other evidences to prove the paternity relationship with the civil status registration office. In case of registration of recognition of fathers, mothers or children between Vietnamese citizens and foreigners or between foreigners, foreigners must submit additional copies of passports or valuable papers in lieu of passports to prove that ID.
2. Within 15 days after receiving the full papers prescribed in Clause 1 of this Article, civil status officials shall verify and post up the recognition of fathers, mothers and children at the headquarters of the People's Committees. the district within 7 consecutive days, at the same time send a written request to the People's Committee of the commune where the permanent residence of the recipient is the parent, the listing child within 07 consecutive days at the headquarters of the People's Committee commune people.
3. The Justice Office reports and recommends the President of the district-level People's Committee to decide on the registration of recognition of parents, children and, if deeming all conditions, the President of the district-level People's Committee shall handle it.
4. When registering to recognize parents, children, the parties must be present; civil servants working on civil status are recorded in the vital records, and the parties sign the vital records. The President of the People's Committee of the district shall issue excerpts to the parties.
The evidence to prove the parent-child relationship similar to item 2 presented
3. Combining the settlement of birth registration and recognition of fathers, mothers and children
When registering a birth for a child who has a father, mother or child registration request, the civil status registry shall combine the procedures for birth registration and the procedure for recognition of father, mother and child.
(Refer to Article 12 of Circular 15/2015 / TT-BTP)
4. Some other special cases are guided in Article 13 of Circular 15/2015 / TT-BTP.
1. In cases where a man and a woman live together as husband and wife, do not register their marriage, have a child, or the child lives with their father, when the father does not accept the mother to carry out procedures for accepting a child. need the mother's opinion in the declaration of recognition of father, mother, child.
If there is a birth certificate and a mother's identity document, the section on the mother is recorded according to the birth certificate and the mother's identity document. If there is no Birth Certificate and a mother's identity is recorded according to the information provided by the father, the father is responsible for the information provided by him.
2. In cases where a child is born by a wife before the time of marriage registration and has been registered for a birth without information about the father and the couple have a document acknowledging that they are common children, the registration procedure is not required. recognize father, mother and child
The right to receive fathers, mothers and children is a citizen's right recognized and protected by law. Therefore, the request to identify parents, children in the current period is also quite common. However, in order to identify these relationships, the requester needs to meet the strict rules of law. The following article will provide readers with the provisions regarding this issue.
1. Competence to register recognition of fathers, mothers or children
- The commune-level People's Committee of the locality where the recipient or the recipient is the father, mother or child resides to register the recognition of father, mother or child. (Article 24 of Law on Civil Status 2014)
- The district-level People's Committee at the place of residence of the fathers, mothers and children shall register the recognition of fathers, mothers and children between Vietnamese citizens and foreigners; between Vietnamese citizens residing in the country and Vietnamese citizens residing abroad; between Vietnamese citizens residing abroad; between Vietnamese citizens and foreign nationals at the same time as Vietnamese citizens or with foreigners; between foreigners and one or both parties permanently reside in Vietnam. (Article 43 of the Law on Civil Status 2014)
2. Procedures for registering fathers, mothers and children
- In case there is no foreign element:
An applicant for recognition of a parent or child shall submit a declaration using the prescribed form and evidence proving paternity between the father and mother to the civil status registration office. When registering to recognize fathers, mothers and children, the parties must be present. (Clause 1, Article 25 of the Law on Civil Status 2014)
Evidence to prove the parent-child relationship includes one of the following papers and documents (guided by Article 11 of Circular 15/2015 / TT-BTP)
- Document of a medical agency, an assessment agency or another competent agency in the country or abroad certifying the father-son-mother-child relationship.
- In case of absence of the above-mentioned documents, there must be letters, films, tapes, discs, utensils and other articles proving the father-son relationship, the mother-son relationship and the father's / mother's affirmation document The fact that children are children of two people, with at least two relatives of father and mother testifying.
Processing time: Within 03 working days from the date of receipt of complete papers as prescribed, if deeming that the recognition of father, mother or child is correct and there is no dispute, judicial - civil status officials shall record in the Register civil status, together with the person who registers the father, mother, and child to sign in the vital records and report to the President of the People's Committee of the commune which issues the extract to the applicant
In case of necessity to verify, the time limit may be extended for no more than 5 working days.
- In case of foreign elements:
Provisions in Article 44 of the Law on Civil Status 2014
1. The person who requests registration for recognition of a parent or child shall submit a declaration using the prescribed form and papers, objects or other evidences to prove the paternity relationship with the civil status registration office. In case of registration of recognition of fathers, mothers or children between Vietnamese citizens and foreigners or between foreigners, foreigners must submit additional copies of passports or valuable papers in lieu of passports to prove that ID.
2. Within 15 days after receiving the full papers prescribed in Clause 1 of this Article, civil status officials shall verify and post up the recognition of fathers, mothers and children at the headquarters of the People's Committees. the district within 7 consecutive days, at the same time send a written request to the People's Committee of the commune where the permanent residence of the recipient is the parent, the listing child within 07 consecutive days at the headquarters of the People's Committee commune people.
3. The Justice Office reports and recommends the President of the district-level People's Committee to decide on the registration of recognition of parents, children and, if deeming all conditions, the President of the district-level People's Committee shall handle it.
4. When registering to recognize parents, children, the parties must be present; civil servants working on civil status are recorded in the vital records, and the parties sign the vital records. The President of the People's Committee of the district shall issue excerpts to the parties.
The evidence to prove the parent-child relationship similar to item 2 presented
3. Combining the settlement of birth registration and recognition of fathers, mothers and children
When registering a birth for a child who has a father, mother or child registration request, the civil status registry shall combine the procedures for birth registration and the procedure for recognition of father, mother and child.
(Refer to Article 12 of Circular 15/2015 / TT-BTP)
4. Some other special cases are guided in Article 13 of Circular 15/2015 / TT-BTP.
1. In cases where a man and a woman live together as husband and wife, do not register their marriage, have a child, or the child lives with their father, when the father does not accept the mother to carry out procedures for accepting a child. need the mother's opinion in the declaration of recognition of father, mother, child.
If there is a birth certificate and a mother's identity document, the section on the mother is recorded according to the birth certificate and the mother's identity document. If there is no Birth Certificate and a mother's identity is recorded according to the information provided by the father, the father is responsible for the information provided by him.
2. In cases where a child is born by a wife before the time of marriage registration and has been registered for a birth without information about the father and the couple have a document acknowledging that they are common children, the registration procedure is not required. recognize father, mother and childcontinue to add civil status to record additional information about the father in the child's birth register and birth certificate.
3. In cases where a child is born by a wife before the time of marriage registration and has not yet been registered for a birth but when registering his / her birth, the husband and wife have a document acknowledging that they are common children, the information on the father will be recorded immediately. on the child's birth certificate without having to go through procedures to register for recognition of a father, mother or child.
Civil status registration agencies shall clearly explain the responsibilities and legal consequences of providing information on mothers in Clause 1 of this Article, and make documents acknowledging common children prescribed in Clauses 2 and 3 of this Article. untrue.
The civil status registration authority refuses to settle according to the provisions of Article 5 of this Circular or cancel the civil status registration results, if there are grounds to determine that the information provided to the civil status registration agency is incorrect truth.
If you have any questions, please contact Dai Viet Notary Office (now Tran Hang Notary Office) / Dai Viet Law Company Limited for specific answers.
DAI VIET LAW CO., LTD-DAI VIET NOTARY OFFICE
Address: No. 28 Lieu Giai, Cong Vi Ward, Ba Dinh District, Hanoi City
Tel: (04) 37478888 Fax: (04) 37473966
Hot-line: 0933.668.166
Email: info@luatdaiviet.vn
Website: www.luatdaiviet.vn
