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Legal basis:

Vietnamese Nationality Law 2008

Thai Nationality Law.

Japanese Nationality Law.

Nationality Law of the Republic of Korea.

Analysis content:

Articles 15 and 16 of the Vietnamese Nationality Law stipulate:

"Article 15. Nationality of children born to parents who are Vietnamese citizens

Children born inside or outside the territory of Vietnam whose parents are both Vietnamese citizens at birth have Vietnamese nationality.

Article 16. Nationality of children whose parents are Vietnamese citizens at birth

1. Children born inside or outside the territory of Vietnam and at birth one parent is a Vietnamese citizen and the other is stateless or the mother is a Vietnamese citizen and the father is unknown. Vietnamese.

2. Children born to one parent who is a Vietnamese citizen and the other is a foreign citizen will have Vietnamese nationality, if there is a written agreement from the parents at the time of birth registration. child. In case a child is born in the territory of Vietnam and the parents cannot agree on the choice of nationality for the child, that child has Vietnamese nationality."

Article 2 of the Japanese Nationality Law stipulates:

"Article 2. Having nationality by birth.

Children are recognized as Japanese citizens if they fall into one of the following cases:

1. At the time of the child's birth, one parent is a Japanese citizen.

2. The child's father died before the child was born, and had Japanese nationality at the time of the father's death.

3. Children whose parents cannot be identified or whose parents are stateless people born in Japanese territory have Japanese nationality."

Article 7 of the Thai Nationality Law stipulates:

"Article 7. The following people are recognized as having Thai nationality by birth:

(1) Children born to parents of Thai nationality, regardless of whether they were born inside or outside Thailand;

(2) Children born in the territory of Thailand except those specified in Article 7 bis, paragraph 1."

Article 2 of the Law on Nationality of the Republic of Korea stipulates:

"Article 2. Having nationality by birth.

(1) A person who meets one of the following conditions shall be recognized as a citizen of the Republic of Korea at the time of birth:

1. That person's father or mother was a citizen of the Republic of Korea at the time of that person's birth;

2. A person whose father was a citizen of the Republic of Korea at the time of death, if he died before his birth;

3. People born in the territory of the Republic of Korea whose parents are unknown or whose parents are stateless.

(2) Abandoned children found in the territory of the Republic of Korea are considered to have been born in the territory of the Republic of Korea."...

Thus, there are two common principles for countries to establish nationality for newly born children. That is, the child's nationality is determined according to the nationality of the father and mother (principle of descent) or a child born in the territory of a country has the nationality of that country (principle of place of birth). ). However, if a country only applies one of the two principles mentioned above, there will be a situation where many children will be born without the nationality of either country. Specifically, for the first principle, a child will be stateless when the child's father and mother are stateless, or when it is unknown who the child's parents are. For example: A newborn baby is abandoned and found in the territory of a country where the principle of descent applies. Therefore, if the nationality of the parents cannot be determined, the nationality of the child cannot be determined. Regarding the second principle, a child may also be stateless when the child's parents are citizens of the country applying the birthplace principle and the child was born in the territory of the country applying the principle. blood clot. Because at this time, the country of the child's parents does not accept the child's nationality for the reason that according to the law of this country, the child must be determined to have the nationality of the country of birth. But on the contrary, the country where the child was born applies the principle of blood descent and believes that the child must have the nationality of the country where the child's parents are citizens, so it does not accept the child as having the nationality of that country. me. To overcome the above situation, to ensure that all children are born with a nationality, many countries apply both the principles of bloodline and place of birth to determine the nationality of children born at birth. on its territory.