Order of Procerdure

- The applicant submits the application dossier for reclamation of parents, children to the People's Committee of the relevant competent district.

- The receiver (the civil status officer) shall have to immediately check the entire application dossier and determine the validity of the papers in the dossiers submitted or presented by the applicant; to compare the information in the Declaration with the documents in the application dossier.

- If the application dossier is completed and eligible, the receiver shall write a receipt form which should clearly state the date and time for returning the result; if the application dossier is not completed, the receiver shall have to guide the applicant to supplement the documents to complete the dossier as regulated; in case it is impossible to supplement and complete the dossier right away, the applicant should be provided with the guidelines in a written form that clearly states the type of papers, documents or the contents needed to be supplemented with full name and signature of the receiver.

 - If the application dossier for reclamation of parents, children has not been supplemented or completed after being guided as regulated, the receiver shall refuse such dossier. The refusal of the application dossier for reclamation of parents, children shall be written in text, clearly stating the reasons for the refusal with full name of the receiver.

Within seven (7) working days after receiving complete and valid dossier, civil status officer shall examine the dossier and post up the reclamation of parents and/or children at the main office of the People's Committee.

If the reclamation of parents and/or children is true and there are no disputes, the civil and judicial status officer shall report to the chairman of the commune-level People's Committee. If the chairman of the commune-level People's Committee agrees to process the application,  the judicial-civil status officer shall record them in the Registration Book for reclamation of parents, children with the signatories of concerned parties. The chairman of the commune-level People's Committee signs to issue original certificate of reclamation of parents, children to each party.

* Notes:

+ In case the applicant submits a paper which is a copy issued from the original book or certified copy of the original, the civil status officer shall not require the applicant to show the originals; if the applicant submits only the copies with the present of the originals, the civil status officer shall compare the copies to the originals and then sign the copies to confirm the comparison of the contents of both types of documents without asking the applicant for the certified copies of such documents.

+ If it is required to present the papers by law when applying for civil status, the civil status officer shall have to check the papers, compare them with the information in the declaration forms and return them to the applicant without asking the applicant for submitting the copy of such documents. The civil status officer may take one copy of the presented documents or write down the information of the submitted paper for filing.

+ The civil status officer should fully accept the eligible and completed application dossier according to the provisions of the law without requiring the applicant to submit any other types of documents that are not included in the regulations.

How to apply:

The applicant for reclamation of parents, children (either party) shall submit the application dossier at competent commune-level People’s Committees.

Dossier Components:

* Documents to be presented

- Passport or identity card or other type of valid papers affixed with photos and personal information issued by relevant authorities to prove the identification of the applicant for reclamation of parents, children. 

- Documents proving the place of residence are used to identify the authority of processing reclamation of parents, children (during the period of time when the National Database on Population and the National E-Civil Status Database have not been completely built and implemented nationwide).

- Copies of papers evidencing personal identification, papers evidencing the places of residence in border areas of citizen of neighboring country.

* Documents to be submitted

- Application Form for Reclamation of parents, children.

- Documents, objects (items) or other evidences that could prove the father-child relationship or mother-child relationship, including:

+ Written documents issued by medical agencies, inspection ageny or other competen bodies that have the authority of certifying the father-child relationship, mother-child relationship.

+ In case of the absence of the above-mentioned documents, there must be letters, films, tapes, discs, other objects or items that prove the father-child and mother-child relationship and also the parents’ written commitment clearly stating that such children are their common children with at least two relatives as the witness(es).

Number of dossiers: 01 set (of dossier)

Processing time: Seven (7) working days.

In case of verification, the time limit for processing the application shall not exceed twelve (12) working days.

Applicant of the administrative procedures: Individual.

Agencies implementing the administrative procedures: Commune-level People's Committees in border areas where Vietnamese citizens permanently reside.

Coordinating agency: None

Results of the applied administrative procedure: Certificate of Reclamation of Parents, Children.

Fees:  VND15,000

Exemption of fees of the application for civil status registration for the members of families with meritorious services to the revolution; members of the poor households; people with disabilities.

Samples of Declaration forms: Application Form for Reclamation of Parents, Children.

Requirements, conditions for the implementation of administrative procedure

- Both concerned parties (reclaming and reclaimed person are still alive).

- There are no disputes for the reclamation of parents, children.

- In cases the couple lives together as a husband and wife without marriage registration and give birth to a child who live with the father, so in case while the father applies for the reclamation of the child, he can’t contact the mother, then the Application Form shall be accepted without consulting the mother’s opinions.

Legal bases:

- Civil Status Law in 2014;

- Decree No.123/2015/NĐ-CP dated 15 November 2015 by the Government regulating a number of articles and measures for the implementation of the Civil Status Law;

- Circular No.15/2015/TT-BTP dated 16 November 2015 by the Ministry of Justice guiding the implementation of a number of articles in the Civil Status Law and the Decree No.123/2015/NĐ-CP dated 15 November 2015 by the Government regulating  a number of articles and measures for the implementation of the Civil Status Law;