Handling Birth Registration Without Foreign Authority Confirmation of Nationality Agreement
To: DB Legal – Law Firm in Vietnam My name is B - I am a Vietnamese citizen, legally married to my husband who is a foreign national. We recently had a baby and have an agreement regarding the baby's foreign nationality. However, this agreement has not been recognized by my husband's competent authority. What should I do? I look forward to your response. Thank you.
Response:
Dear Ms. B,
Thank you for contacting DB Legal – A law firm providing legal services in Da Nang, Ho Chi Minh City, and neighboring provinces. Regarding your inquiry, we would like to provide the following advice based on your provided information:
1. Legal Grounds
-
Law on Civil Status No. 60/2014/QH13 dated November 20, 2014;
-
Circular No. 04/2020/TT-BTP dated May 28, 2020.
2. Legal Advice
Pursuant to Clause 1, Article 36 of the Law on Civil Status No. 60/2014/QH13, if parents choose a foreign nationality for their child, the written agreement must be certified by the competent state authority of the foreign country of which the parent is a citizen.
In your case, since the written agreement for selecting the child's nationality has not been certified by your husband's home country's competent authority, you may apply Clause 2, Article 7 of Circular No. 04/2020/TT-BTP.
Specifically: You may request the civil status registration agency to register the birth for the child, but leave the nationality section blank in the Birth Certificate and the Civil Status Book.
Sincerely,
DB Legal.
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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