Legal Advice on Choosing Foreign Citizenship for Children upon Birth Registration
To: DB Legal – Law Firm in Vietnam. My name is A, a Vietnamese citizen. I am legally married to my husband, who is a foreign national. Can I register a foreign citizenship for our child? Thank you.
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
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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