Practical actions in protecting children

Protecting and caring for children is not only the responsibility of parents and families but also requires the joint efforts of society.

The most practical action in protecting and caring for children is to respect their rights, including the right to life, healthcare, education, talent development, birth registration, and nationality, among others.

The right to birth registration and nationality

It is a sacred right of children, protected under the Constitution, the Civil Code, the Law on Children, the Nationality Law, and the Law on Civil Status. Article 13 of the 2016 Law on Children states: Children have the right to birth and death registration, to a family and given name, to a nationality, and to have their father, mother, ethnicity, and gender identified in accordance with the law.

The joy of attending school for Choro ethnic students in Ta Lai Commune, Dong Nai Province. Illustrative photo: Doan Phu

Lawyer Nguyen Thanh Tan (Dong Nai Province Bar Association) stated that the 2016 Law on Children provides that the right to birth registration and nationality is directly linked to many other rights such as: the right to life (Article 12); the right to be cared for and raised (Article 15); the right to property (Article 20); and the right to live with parents (Article 22)...

He explained that Article 30 of the 2015 Civil Code provides: Every individual has the right to birth registration from the moment of birth. A child who lives for 24 hours or more after birth but then dies must be registered for both birth and death. If the child lives for less than 24 hours, birth and death registration is not required unless requested by the biological parents.

Meanwhile, Article 15 of the 2014 Law on Civil Status stipulates: within 60 days of a child’s birth, the father or mother must register the child’s birth. If they cannot, the responsibility falls to the grandparents, other relatives, or the individual/organization currently caring for the child. Judicial – civil status officers regularly check and supervise birth registrations in the local area within the prescribed time; if necessary, mobile birth registration can be carried out.

Regarding nationality, Articles 15 and 16 of the 2008 Nationality Law, as amended and supplemented in 2025, stipulate that a child born in or outside the territory of Vietnam, whose parents are both Vietnamese citizens at the time of birth, shall have Vietnamese nationality. A child born in or outside Vietnam whose father or mother is a Vietnamese citizen while the other parent is stateless, or whose mother is a Vietnamese citizen and the father is unknown, shall also have Vietnamese nationality. A child born with one parent being a Vietnamese citizen and the other a foreign citizen shall have Vietnamese nationality if the parents agree to choose Vietnamese nationality for the child when completing the birth registration procedures at a competent authority in Vietnam, in accordance with government guidance. In the case of a child born on Vietnamese territory whose parents cannot reach an agreement on nationality choice, the child shall still have Vietnamese nationality.

The right to inheritance

According to the 2016 Law on Children, a child is defined as a person under the age of 16. At this age, children are still dependent and not yet capable of supporting themselves financially. However, they still have property rights. Specifically, Article 20 of the 2016 Law on Children stipulates that children have the right to own, inherit, and exercise other property rights in accordance with the law.

According to lawyer Ly Khanh Hoa of the Dong Nai Province Bar Association, a minor who takes part in household work appropriate for their age and in accordance with laws on child protection, care, and education is entitled to property rights proportionate to their contribution to the family’s assets (Clauses 3 and 5, Article 70 of the 2014 Law on Marriage and Family).

Additionally, a minor (under 18 years old) is entitled to inherit from their parents regardless of the contents of a will (Point a, Clause 1, Article 644 of the 2015 Civil Code).

Article 88 of the 2014 Law on Marriage and Family stipulates that a child born within 300 days of the date a marriage ends is presumed to be the child of the woman who became pregnant during the marriage. In cases where either parent does not acknowledge the child, evidence must be presented, and the court must resolve the matter. This provision is considered a humane measure to protect the rights of children.

Lawyer BUI VAN GIAP, Dong Nai Province Bar Association

The conditions for a child to inherit assets from parents, either according to a will or by law, are as follows: The heir must be a living individual at the time the inheritance is opened, or must be conceived before the death of the testator and born alive after the opening of the inheritance (Article 613, Civil Code 2015).

Lawyer Ly Khanh Hoa further notes that a child's right to inherit from their parents is not affected by the parents’ marital status, whether they are divorced or living together without a registered marriage. In cases where the parents pass away without leaving a will, a child who was conceived before their death and born alive after the estate is opened is entitled to inherit under the law. This child is considered an heir of the same order and is entitled to an equal share of the estate, in accordance with the 2015 Civil Code.

Additionally, if a child was conceived before the parents’ death and born alive after the estate is opened, yet the parents had previously made a will excluding the child, the child is still entitled to inherit. In such cases, the child is entitled to two-thirds of the share of a statutory heir, as stipulated in Article 644 of the 2015 Civil Code.

By Doan Phu - Translated by Dang Huyen, Minho