Legal Advice on Choosing Foreign Citizenship for Children upon Birth Registration

Response:

Dear Ms. A. Thank you for sending your question to DB Legal – a Law Firm providing legal services in Da Nang, Ho Chi Minh City, and neighboring provinces.

Regarding your question, we would like to respond as follows:

1) Legal Basis:

• Law on Civil Status No. 60/2014/QH13 dated November 20, 2014;
• Circular No. 04/2020/TT-BTP dated May 28, 2020.

2) Legal Opinion:

Pursuant to Clause 1, Article 36 of the Law on Civil Status No. 60/2014/QH13 dated November 20, 2014 ("LCS"), in case the parents choose a foreign citizenship for their child, the written agreement must be certified by the competent state agency of the foreign country of which the person is a citizen.

Thus, if the parents choose a foreign citizenship for the child, the written agreement on the selection of citizenship must be certified by the competent state authority of the foreign country of which that person is a citizen.

Therefore, in your case (Vietnamese citizenship) and your husband (foreign citizenship), you and your husband can agree to choose a foreign citizenship for your child; please note that the agreement must be certified by the competent foreign authority.

Best regards,

DB Legal