AGREEMENT ON NATIONALITY SELECTION FOR A CHILD IN VIETNAM

1. International Legal Framework and Vietnam's Commitments

As one of the first countries to ratify the United Nations Convention on the Rights of the Child (CRC 1989), Vietnam has demonstrated a strong commitment to protecting a child's right to a nationality. Accordingly, Article 7 of the Convention states that every child has the right to be registered immediately after birth and the right to acquire a nationality. Article 8 further emphasizes the obligation of member states to respect and protect a child's identity, including their nationality.

To implement these commitments, Vietnam has established a robust legal system through the Law on Nationality and the Law on Civil Status. These legal instruments create a clear framework to ensure every child born has a defined nationality, even when their parents have different nationalities or cannot reach an agreement. The provisions in Article 16 of the 2025 Law on Nationality are a prime example of this synergy between international standards and Vietnamese legal practice.

2. Principles of Nationality Determination under Vietnamese Law

2.1. Principle of Jus Sanguinis and Jus Soli

The Law on Nationality of Vietnam primarily determines nationality based on the principle of jus sanguinis (right of blood). Consequently, a child born to parents who are both Vietnamese citizens acquires Vietnamese nationality, regardless of whether they are born inside or outside of Vietnamese territory.

The principle of jus soli (right of the soil) serves a supplementary role, aimed at preventing statelessness. It applies in exceptional cases, such as a child born within Vietnamese territory to stateless parents who are legally residing in Vietnam, or an abandoned newborn whose parents are unknown. This approach ensures both consistency in principle and flexibility to protect the rights of children.

2.2. Conditional Dual Nationality Policy

The 2025 Law on Nationality introduces new regulations concerning dual nationality. For individuals holding key positions in the state apparatus or armed forces, the law mandates that they hold only one nationality—Vietnamese—and must reside in Vietnam, a measure designed to protect national security. Conversely, to attract talent, the law permits experts and scientists with special contributions to acquire Vietnamese nationality without renouncing their original citizenship, provided it does not harm national interests.

3. The Mechanism for Nationality Selection Agreement for a Child

3.1. Provisions of Article 16 of the Law on Nationality

Article 16 of the Law on Nationality clearly outlines the agreement mechanism when a child has a foreign element:

When a child is born to one Vietnamese parent and one foreign parent, the parents must establish a written agreement to select Vietnamese nationality for the child.

If the child is born in Vietnam and the parents cannot reach an agreement, the law defaults to granting the child Vietnamese nationality. This serves as a critical "legal safety net," prioritizing the child's best interests.

If one parent is stateless, the child also automatically acquires Vietnamese nationality.

3.2. Content and Form of the Agreement

The nationality selection agreement is a legal document that expresses the unified will of the parents. It typically includes the parents' basic information (full names, nationalities, identification documents), the child's information (full name, date of birth), and a clear declaration of choosing Vietnamese nationality for the child. The document must be signed by both parents; if one parent is absent, their signature must be duly authenticated to ensure its validity.

3.3. Requirements for Naming the Child

The Law on Civil Status also stipulates that a child's name must be consistent with Vietnamese cultural identity and must not use numbers or be excessively long or difficult to use. If the child is granted Vietnamese nationality, their name must be in Vietnamese or the language of another ethnic group in Vietnam.

4. Procedures for Birth Registration and Nationality Selection

4.1. Dossier and Jurisdiction

The dossier for birth registration with a foreign element includes:

• The birth registration application form.
• The birth certificate.
• The parents' identification documents.
• The marriage certificate (if any).
• The written agreement on nationality selection.

If the parents choose a foreign nationality for the child, they must also submit a confirmation from the competent foreign authority consenting to the child's acquisition of that nationality.

Jurisdiction lies with the People's Committee at the commune/ward level where one parent resides (if in Vietnam) or with the Vietnamese representative mission abroad. The standard processing time is five working days.

4.2. Digitalization of Administrative Procedures

Currently, the procedures for birth registration, issuance of personal identification numbers, and nationality confirmation have been significantly digitized through the National Public Service Portal and interconnected databases. Citizens can submit applications online, reducing paperwork and waiting times. Upon completion, the child is issued a unique personal identification number linked to the National Database on Population.

5. Special Cases and Legal Consequences

Child born out of wedlock: If the father wishes to acknowledge the child, the acknowledgment and birth registration procedures can be carried out simultaneously. The civil status authority will require proof of paternity or a sworn statement.

Legal consequences of nationality choice: A child holding Vietnamese nationality is entitled to the full rights and obligations of a citizen, including the right to a passport, consular protection, education, and suffrage upon reaching the legal age. Conversely, if a foreign nationality is chosen, the child will be considered a foreigner in Vietnam and will be subject to laws on residence and other restrictions.

6. Conclusion

Vietnam's laws on nationality, particularly the regulations concerning nationality selection agreements for children, are designed to be comprehensive, transparent, and humane. The combination of clear legal principles, specific procedures, and the adoption of digital technology not only aligns with international practices but also prioritizes the best interests of the child. This provides a solid foundation to ensure that every child, regardless of foreign elements, has a clear legal status and is protected from birth.

The information contained in this article is general and intended only to provide information on legal regulations. DB Legal will not be responsible for any use or application of this information for any business purpose. For in-depth advice on specific cases, please contact us.

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