Getting Vietnamese citizenship for child

Hello isherenow  (fellow Canadian), and welcome to expat.com.

Hi, my child was born in Canada about a year and a half ago (non-Vietnamese father and Vietnamese mother) but we've only recently been looking at the process of getting the child Vietnamese citizenship.

Congratulations on the birth of your child! Very nice to hear of the addition to your family.

We're both on work visas here.

By "here", do you mean Vietnam?

(your profile indicates you're a "Canadian looking for information about Vietnam")

If in Vietnam, that would make the collection/registering of any required documents easier.

Looking at the Vietnamese Embassy documents,
https://vietnamembassy.ca/consular-serv … istration/ (The links to the forms in the English version don't work)

Not only that, but selecting "Français" at the top of the page opens a page containing no information at all. The "Tiếng Việt" page which opens contains more info, but no links whatsoever. This is not unusual, as experience has shown embassies to be the least dependable sources regarding immigration issues.

A "Google Dịch" translation can be viewed here. (Link)

I'm thinking two forms and these documents:
Application Form
Agreement Form (agreeing the child taking on Vietnamese citizenship)
mother's Vietnamese passport
father's foreign passport
our marriage certificate [notarised]
child's Canadian birth certificate [notarised]

Have you yet had the opportunity to read the details of the form you referenced above,

"Agreement Form(agreeing the child taking on Vietnamese citizenship)"?

Pay particular attention to the Google translate link(Link), section

2.1. For children born in Canada, whose parents are Vietnamese citizens:

Note:

In case the child's father is living in the country or living in a third country, please submit an additional declaration of the father according to the regulations on the father's section in the child's Birth Certificate.

In case the child's father does not have Vietnamese nationality, you must submit an additional Nationality Agreement for the child.

That "Nationality Agreement" will certainly warrant your scrutiny.

Will the child be able to get her Vietnamese citizenship and apply for passport based on this?

Probably, yes. However, all reports from sources state that Vietnam does not recognize dual citizenship. This is something I urge you to do a little more research on. I've provided links, below, for your consideration when you have time.

I've linked only to my own comment(s) in the threads as it is easier for expat.com members to search their own comment history. Scroll up/down in the linked threads to get a feel for the circumstances of our different members and their inquiries. There's some valuable info there for your question regarding your wife's family-book/national identification card as well.

Are there any other considerations (Household registration [ho khau] (or what replaces the system from 2023), etc) or procedures to fulfill in Vietnam after that? My wife has been away since the pandemic struck 2020. I hear ho khau is just as important as citizenship, does the 2023 changes make any difference?   

    -@isherenow

Here are some links for your perusal.

passport question

Need help - Making a decision to live in Vietnam

Single mother of 5, wanting to move to Vietnam

Which documents required to buy real estate as Vietnamese? and here

Vietnam Visa Immigration(a private, for profit, travel/visa agency) note the link on that page to "The Conditions For The Foreigners To Apply Vietnamese Citizenship", especially

section I. THE CONDITIONS TO GRANTED VIETNAMESE CITIZENSHIP, ss 6.- Must renounce foreign nationality.

There are many Vietnamese-Canadians who hold dual nationality (VN/CDN). Our discussions/research on this forum indicates this to be possible by virtue of the fact that these people held VN citizenship at the time they were granted Canadian citizenship. Any regular/average Canadian (or American/German/French etc) citizen wishing to attain VN citizenship will not be afforded the option of retaining their foreign citizenship (there are exceptions to this ss 6, "if it is allowed by the President")

We'd love to hear more from you as you pursue this, most especially if any of the information you become aware of contradicts information you might find here in the forum. Your reporting back to forum would be of great assistance to other members (and casual readers of the forum, alike) who are in similar circumstances as you and your family. We'd certainly appreciate it.

Thanks for the comprehensive reply, Aidan.

By "here", do you mean Vietnam?

Sorry, not being careful enough to avoid using "here" in an internet forum.

My wife and I are both on work visas in Canada. (My profile need some adjustments, but we're located in BC at the moment).

Not only that, but selecting "Français" at the top of the page opens a page containing no information at all. The "Tiếng Việt" page which opens contains more info, but no links whatsoever. This is not unusual, as experience has shown embassies to be the least dependable sources regarding immigration issues.

A "Google Dịch" translation can be viewed here. (Link)

Thanks, guess the Vietnamese version is still the best place to look at, with working links and all.

I'll definitely update all of you as we find out more, especially on the Nationality Agreement and whether they expect any action on my child's Canadian nationality.

Have you yet had the opportunity to read the details of the form you referenced above,

"Agreement Form(agreeing the child taking on Vietnamese citizenship)"?

Pay particular attention to the Google translate link(Link), section

2.1. For children born in Canada, whose parents are Vietnamese citizens:

Note:

In case the child's father is living in the country or living in a third country, please submit an additional declaration of the father according to the regulations on the father's section in the child's Birth Certificate.

In case the child's father does not have Vietnamese nationality, you must submit an additional Nationality Agreement for the child.

That "Nationality Agreement" will certainly warrant your scrutiny.

Will ask the Embassy staff as we look into it more, the nationality agreement itself was basically a signature form for both the father and mother "agreeing to choose Vietnamese nationality" for the child. I guess the question is whether the embassy expects any renunciation or whether the form itself is enough. I am hoping that being a s 16.2 acquisition, they don't actually consider it a "naturalisation" and therefore require renunciation of any existing citizenships (s 19). We'll see when we get to that stage.

Google Translated Nationality Act 2008:

https://lawnet-vn.translate.goog/vb/Lua … r_pto=wapp

Thanks for all the extra links, reading up on them now!

the nationality agreement itself was basically a signature form for both the father and mother "agreeing to choose Vietnamese nationality" for the child.

The way I understand it is this has to be done at the time of birth.  Once you got a Canadian birth certificate and citizenship this time has past.  Same for me when we looked into it for our son born in the US.

From the link you provided,

2. Children born to one parent who is a Vietnamese citizen and the other is a foreign citizen will have Vietnamese nationality, if there is a written agreement from the parents at the time of birth registration

Can't do it a year and a half later.  He can get a Visa Exemption Certificate which will give him 5 years visa-free passage to Vietnam but not to get citizenship.

Two ways for a kid to get Vietnamese citizenship--

Both parents are Vietnamese and born inside or outside of Vietnam

One or both parents are Vietnamese and born inside of Vietnam

   
the nationality agreement itself was basically a signature form for both the father and mother "agreeing to choose Vietnamese nationality" for the child.

The way I understand it is this has to be done at the time of birth.  Once you got a Canadian birth certificate and citizenship this time has past.  Same for me when we looked into it for our son born in the US.

From the link you provided,

2. Children born to one parent who is a Vietnamese citizen and the other is a foreign citizen will have Vietnamese nationality, if there is a written agreement from the parents at the time of birth registration

Can't do it a year and a half later.  He can get a Visa Exemption Certificate which will give him 5 years visa-free passage to Vietnam but not to get citizenship.
   

    -@SteinNebraska

I vote for this answer

...Two ways for a kid to get Vietnamese citizenship--Both parents are Vietnamese and born inside or outside of VietnamOne or both parents are Vietnamese and born inside of Vietnam        -@SteinNebraska

Might there be a third way, i.e. the parents of the child renounce the child's foreign citizenship acting "as the guardian of or represent in accordance with the Civil Code" (see link below) , or must the child come of legal age to make that decision?

Under the VIETNAMESE FAMILY LAW ACT (Link)

Chapter V

RELATIONSHIP BETWEEN PARENTS AND CHILDREN

Section 1. RIGHTS AND OBLIGATIONS BETWEEN PARENTS AND CHILDREN

Article 69. Obligations and rights of parents

2. To look after, raise, care for, and protect the lawful rights and interests of their minor children and adult children who have lost their civil act capacity or have no working capacity and no property to support themselves. (emphasis mine)

I don't think it would be much of a stretch to imagine the possibility (probability?) of convincing the VN gov't that granting VN citizenship would be the lawful right and (in the) interest of the child. That the child would then no longer hold foreign citizenship would likely not affect the court's decision to honour the parent's wishes.

edit: it occurred to me after writing this that a renunciation of citizenship must be submitted (and accepted) to the gov't of the country where that citizenship is held, in which case laws governing the parents rights may differ.

    ...Two ways for a kid to get Vietnamese citizenship--Both parents are Vietnamese and born inside or outside of VietnamOne or both parents are Vietnamese and born inside of Vietnam        -@SteinNebraska

Might there be a third way, i.e. the parents of the child renounce the child's foreign citizenship acting "as the guardian of or represent in accordance with the Civil Code" (see link below) , or must the child come of legal age to make that decision?
Under the VIETNAMESE FAMILY LAW ACT (Link)
Chapter V
RELATIONSHIP BETWEEN PARENTS AND CHILDREN
Section 1. RIGHTS AND OBLIGATIONS BETWEEN PARENTS AND CHILDREN
Article 69. Obligations and rights of parents
2. To look after, raise, care for, and protect the lawful rights and interests of their minor children and adult children who have lost their civil act capacity or have no working capacity and no property to support themselves. (emphasis mine)

I don't think it would be much of a stretch to imagine the possibility (probability?) of convincing the VN gov't that granting VN citizenship would be the lawful right and (in the) interest of the child. That the child would then no longer hold foreign citizenship would likely not affect the court's decision to honour the parent's wishes.
   

    -@Aidan in HCMC

Yes, that would be possible but I left it off as impractical with a Canadian dad.  I can't see giving up Canadian citizenship for VN.

@SteinNebraska

But the dad's not Canadian.

I don't think it would be much of a stretch to imagine the possibility (probability?) of convincing the VN gov't that granting VN citizenship would be the lawful right and (in the) interest of the child. That the child would then no longer hold foreign citizenship would likely not affect the court's decision to honour the parent's wishes.

    -@Aidan in HCMC

Given the inclination of Vietnamese officials to answer "no" until you can convince them beyond a shadow of a doubt that 1. The answer should be "yes" and 2. It's their responsibility to make the determination, I don't think it would be much of a stretch to imagine the possibility that the Vietnamese government would rule:

By not choosing to do this at the birth of the child (by following the steps SteinNebraska mentioned) the parents already made their choice on behalf of the child and it's too late to change their choice, so they'll have to wait until the child reaches the age of "majority".

What's the old saying? "Your guess is as good as mine" 😉

@Aidan in HCMC

Thanks everyone for your input. My wife and I have done the registration at the Vietnamese Embassy with

1. Birth registration form
2. Nationality agreement form
3. passport application form
4. Our original passports, residency documents, marriage certificate and child birth certificate, photos for passport application

We were given these documents at the end of the process.

1. Về việc dởi tên trong Giấy khai sinh
2. Trích lục ghi vào hộ tịch việc khai sinh
3. Passport

Document 1 was a change of name document from the name as registered in Canada to a Vietnamese name as required under law 33/2009/QH12.

Document 2 is a record of birth under the Vietnamese name.

The passport contains the uses the baby's Vietnamese name on the bio page with baby's name as registered in Canada on the next page under "The passport holder has another name:"

My wife did the talking for the process so I apologize if I miss out anything. I was more involved in the document preparation.

@isherenow Did you need to renounce the Canadian citizenship or not?

@SteinNebraska Wasn't asked to

@isherenow

Congratulations on getting the Vietnamese passport for your child! Nice to hear of your successful efforts.

How long did the process take after your initial visit to the VN consulate office?

If you've not already pursued this, I'd recommend immediately making an application for your child's Canadian passport.

Thank you so much for sharing this information with the forum.