1. What is the written agreement to choose nationality for your child?

Choosing a nationality for a child is when parents with two different nationalities discuss and agree to produce a specific document called an agreement to choose a nationality for their child, which then serves as a basis for the agency to The state has the authority to make a birth certificate for the subject.

Choosing your child's nationality has the following basic characteristics:

- Choosing a child's nationality is an agreement between both parents who do not share the same nationality

- Choosing a nationality for your child is the basic basis for the competent state agency to issue a birth certificate to the subject.

- Nationality selection is carried out according to the procedures of the competent state agency.

Thus, the sample agreement to choose nationality for a child is a sample agreement to choose a nationality for a child in case the child's father and mother have two different nationalities.

2. Sample agreement to choose nationality for your child

CỘNG HÒA XÃ HỘI CHỦ NGHĨA VIỆT NAM
Độc lập – Tự do – Hạnh phúc
Socialist Republic of Vietnam/ Independence – Freedom – Happiness

——————o0o——————-

VĂN BẢN THỎA THUẬN CHỌN QUỐC TỊCH CHO CON

AGREEMENT ON CHILD’S NATIONALITY 

Kính gửi/To: Đại sứ quán Việt Nam tại Canada/Embassy of Vietnam in Canada

Hôm nay, ngày 12  tháng 5 năm 2023 , chúng tôi gồm:

Today, date 12 month 5 year 2023, We are:

1. Họ tên/ Full name: Carter Nolan

Sinh ngày 10 tháng 11 năm 1990 Date of birth (dd/mm/yyyy): 10/11/1990

CMND/ Hộ chiếu số (ID Card/Passport #): 2983747323

Dân tộc (Ethnic Group):  Quốc tịch/ Nationality: Canada

Nơi thường trú/tạm trú (Residence): Canada

Và/And

2. Họ tên/ Full name:  NGUYỄN THỊ THẢO

Sinh ngày 04 tháng 7 năm 1998 Date of birth (dd/mm/yyyy): 04/7/1998

CMND/ Hộ chiếu số (ID Card/Passport #): 28937467326723

Dân tộc (Ethnic Group): kinh Quốc tịch (Nationality): Việt Nam

Nơi thường trú/tạm trú (Residence):  Canda

Cùng thỏa thuận đồng ý lựa chọn quốc tịch Việt Nam cho con chúng tôi là :

Fully agree to choose Vietnamese Citizenship for our child as:

Họ và tên/Full name: Carter Julian

Ngày tháng năm sinh/Date of Birth (dd/mm/yyyy): 10/01/2023 Giới tính/Sex: Nam

CMND/Hộ chiếu/Giấy chứng sinh/ Giấy khai sinh số: 298374326

ID Card/Passport/Birth Certificate No: 298374326

Dân tộc/Ethnic Group: 

Quốc tịch/Nationality: Canada

Chúng tôi cam đoan những lời tuyên bố trên đây là đúng sự thật và xin chịu trách nhiệm trước pháp luật về lời khai của mình./We undertake that the above statements are true andcomplete and that we take full responsibility before the law for such declarations.

3. Regulations on choosing nationality for children

Pursuant to the provisions of the 2008 Vietnamese Nationality Law, it is stipulated: Children born with one parent who is a Vietnamese citizen and the other parent is a foreign citizen have Vietnamese nationality, if there is an agreement. written by the parents at the time of registering the child's birth. In case a child is born in Vietnamese territory and the parents cannot agree on the choice of nationality for the child, that child has Vietnamese nationality.

Thus, when husband and wife have different nationalities, the couple can agree to choose Vietnamese or foreign nationality for their child. This agreement must be made in writing and confirmed by a competent state agency.

Pursuant to the provisions of Decree 123/2015/ND-CP detailing a number of articles and measures to implement the civil status law, are there provisions on the procedures for agreement as well as birth registration for children of husband and wife? same nationality as follows:

- Regarding the issue of the authority to register the birth of a child of a husband and wife of different nationalities depends on whether the father or mother resides in Vietnam or not; Specifically, Vietnamese law stipulates in Decree 123/2015/ND-CP as follows:

+ Birth registration for children born in Vietnam, one parent is a foreigner and the other is a Vietnamese citizen residing abroad, is carried out at the district-level People's Committee. place of residence of the mother or father.

+ Birth registration for children born in Vietnam, one parent is a foreigner and the other is a Vietnamese citizen residing in Vietnam, is carried out at the district-level People's Committee. , where the mother or father is a Vietnamese citizen.

- Applying the regulations in Decree 123/2015/ND-CP stipulating the types of documents that need to be prepared when giving birth to a child when the couple does not have the same nationality, including:

+ The person registering birth shall submit the Birth Certificate or a document replacing the Birth Certificate according to the provisions of this Decree and present the Marriage Certificate of the child's parents (if the child's parents have registered their marriage). kiss).

+ In case the father or mother chooses foreign nationality for their child, in addition to the birth certificate, there must be a sample document selecting the child's nationality. The agreement on choosing nationality must have confirmation from a competent state agency of the country of which the foreigner is a citizen that the choice of nationality for the child is in accordance with the law of that country.

- Regarding the order and procedures for birth registration, Vietnamese law stipulates: After receiving all valid documents, the civil status judicial officer of the district-level People's Committee records it in the registration book. birth certificate and original birth certificate, the chairman of the district People's Committee signs and issues an original birth certificate to the person registering the birth. A copy of the Birth Certificate is issued at the request of the person declaring the birth.

4. Who can obtain Vietnamese citizenship?

According to the provisions of Article 19 of the Law on Vietnamese Nationality 2008 andDecree 16/2020/ND-CP, foreign citizens and stateless people permanently residing in Vietnam who apply for Vietnamese nationality can be granted Vietnamese nationality, if they meet the following conditions:

- Have full civil act capacity according to Vietnamese law;

- Comply with the Constitution and laws of Vietnam; Respect the traditions, customs and practices of the Vietnamese people;

- Know enough Vietnamese to integrate into the Vietnamese community;

- Have permanently resided in Vietnam for 5 years or more by the time of applying for Vietnamese citizenship;

- Able to ensure life in Vietnam.

In addition, for the following subjects, they will be granted Vietnamese citizenship even if they only meet the conditions of civil act capacity and compliance with the Constitution and laws of Vietnam; Respect the traditions, customs and practices of the Vietnamese people, including:

- Being the wife, husband, biological father, biological mother or biological child of a Vietnamese citizen;

- Have special contributions to the cause of building and protecting the Vietnamese Fatherland: To prove this, the person applying for naturalization must be awarded an Order, Medal, or other noble title from the State or be confirmed by a competent Vietnamese agency for that special merit;

- Beneficial for the State of the Socialist Republic of Vietnam. For example, a person with truly outstanding talent in the fields of science, economics, culture, society, arts, sports, health, education, has won international awards, medals, medal or certification by the agency or organization where the person works and the ministerial-level state management agency confirms the talent and has a basis to show that the person who is naturalized in Vietnam will contribute positively, long term for the development of the above field in Vietnam after gaining Vietnamese citizenship.

At the same time, in special cases, if permitted by the President, the above people can also acquire Vietnamese nationality without having to renounce their foreign nationality. Meanwhile, all remaining subjects, if they want to gain Vietnamese citizenship, must renounce their foreign citizenship.

To acquire Vietnamese citizenship, you need to meet the following additional conditions:

- Know enough Vietnamese to integrate into the Vietnamese community: For example, know how to listen, speak, read, and write in Vietnamese suitable for the living and working environment. This name is chosen by the applicant for Vietnamese nationality and is clearly stated in the Decision for Vietnamese nationality;

- Must be a permanent resident in Vietnam and have been issued a Permanent Residence Card by a competent Vietnamese police agency;

- The ability of the person applying for Vietnamese nationality to ensure their life in Vietnam is proven by that person's assets, legal source of income or the guarantee of an organization or individual in Vietnam;

- Do not acquire Vietnamese nationality if it harms the national interests of Vietnam.