How to determine a child's nationality? What documents need to be prepared?
How to determine a child's nationality?
According to Article 14 of the 2008 Law on Vietnamese Nationality, determining the nationality of children born inside/outside the territory of Vietnam is determined to be a person with Vietnamese nationality if they fall into one of the following cases:
- Born inside or outside the territory of Vietnam and at birth both parents are Vietnamese citizens.
- Born inside/outside the territory of Vietnam and born to one parent - only one is a Vietnamese citizen and the other is stateless.
- Born inside or outside the territory of Vietnam to a mother who is a Vietnamese citizen and whose father is unknown.
- One parent is a Vietnamese citizen, the other is a foreigner, but the parents have a written agreement to obtain Vietnamese nationality for the child at the time of birth registration.
- Children born in Vietnamese territory whose parents do not agree on the choice of the child's nationality as Vietnamese nationality.
- Children were born on Vietnamese territory and at birth, both parents were stateless but permanently resident in Vietnam.
- Children born in Vietnamese territory, mother is stateless, has permanent residence in Vietnam and father is unknown.
- Abandoned children, children found on Vietnamese territory whose parents are unknown. In this case, if a parent is found and the parent only has foreign nationality or only a parent is found but this person only has foreign nationality, this child no longer has Vietnamese nationality.
- Children who are Vietnamese citizens and are adopted by foreigners will still retain their Vietnamese nationality.
- Children who are foreigners and are adopted by Vietnamese citizens will have Vietnamese nationality from the moment the adoption is recognized.
- Children who are foreigners are adopted by a couple in which one is a Vietnamese citizen and the other is a foreigner. If there is an application for Vietnamese nationality from the adoptive parents, they will be given Vietnamese nationality.
Thus, based on whether the child was born in Vietnamese territory or not, whether the parents have agreed to obtain Vietnamese nationality for the child or not... to determine whether the child is born with Vietnamese nationality or not. .
Because according to Article 8 of the Law on Vietnamese Nationality, the Socialist Republic of Vietnam limits statelessness, so it always creates conditions for children born in Vietnamese territory to have nationality and for stateless people. Permanent residence in Vietnam is granted Vietnamese citizenship.
What documents are needed to obtain Vietnamese citizenship for children?
In order for children to be naturalized in Vietnam and have their nationality determined as Vietnamese nationality, parents need to prepare documents according to Article 20 of the following Law on Vietnamese Nationality:
a/ An application for Vietnamese nationality;
b/ A copy of the birth certificate, passport or other substitute papers;
c/ A curriculum vitae;
d/ A judicial record issued by a competent Vietnamese authority for the period the applicant resides in Vietnam and a judicial record issued by a competent foreign authority for the period the applicant resides in the foreign country. Judicial records must be issued within 90 days before the date of filing the dossier;
e/ Papers proving his/her Vietnamese language skills;
f/ Papers proving his/her place and period of residence in Vietnam;
g/ Papers proving his/her ability to make livelihood in Vietnam.
h/ Written agreement between parents, fully signed by both people, on applying for citizenship for minor children according to their parents (in case only one parent is naturalized in Vietnam). If the parents are dead, they need documents proving that the parents are dead, have lost or have limited civil capacity...