Contents
I. Right to choose nationality for children
According to the provisions of Clause 2, Article 16 of the Vietnamese Nationality Law 2008 on the nationality of children born to parents who are Vietnamese citizens.
“2. A child either of whose parents is a Vietnamese citizen at the time of his/her birth and the other is a foreign national has the Vietnamese nationality if so agreed in writing by his/her parents at the time of birth registration. In case a child is born in the Vietnamese territory but his/her parents fail to reach an agreement on the selection of his/her nationality, the child has Vietnamese nationality”.
Thus, in case there is no written agreement on the choice of nationality for the child at the time of birth registration, that child will have Vietnamese nationality.
II. Do children born in Vietnam with one parent of British nationality automatically have British nationality?
Clause 1, Article 36 of the 2014 Law on Civil Status stipulates the birth registration procedures as follows:
“1. Birth registrants shall submit the papers specified in Clause 1, Article 16 of this Law to the civil status registration agency. In case either parent is or both parents are foreigner(s), a document on the agreement of the parents on the selection of citizenship for their child”.
If the parents choose a foreign citizenship for their child, their agreement document must contain certification of a competent foreign state agency of which they are citizens.
Pursuant to Clause 2 of Official Dispatch 436/HTQTC-HT of 2021, the Department of Civil Status, Citizenship, and Authentication guides the confirmation of written agreements to choose British nationality for children of British citizens and Vietnamese citizens as follows:
“The Embassy of the United Kingdom of Great Britain and Northern Ireland in Hanoi said: in accordance with British law, the British diplomatic representative agency in Vietnam (British Embassy in Hanoi and British Consulate General in Ho Chi Minh) does not have the authority to confirm British citizenship for children (children of British citizens and Vietnamese citizens). Therefore, when registering the birth of a child of a Vietnamese citizen and a British citizen at Vietnam’s competent civil registration agency, the section recording the child’s nationality (if Vietnamese nationality is not selected, there is no written confirmation from another competent agency of the United Kingdom of Great Britain and Northern Ireland that the child has British nationality) will be left blank”.
In case the parent chooses a foreign nationality for the child, the written agreement must be certified by a competent British state agency of which the parent is a citizen.
Thus, from the above regulations it can be seen. Children born in Vietnam to one parent who is a British citizen do not automatically have British citizenship.
To save time on researching procedures, filling out forms, notarizing, and waiting to submit documents, you can contact HT for consultation and assistance with British nationality
Contact us at:
Email: hue.truong@htlaw.vn
Phone: +84 935 439 454.