Do Vietnamese children adopted by foreigners retain their Vietnamese nationality?

What are grounds for identification of persons having Vietnamese nationality?

Pursuant to Article 14 of the Law on Vietnamese Nationality in 2008 stipulating grounds for identification of persons having Vietnamese nationality as follows:

Grounds for identification of persons having Vietnamese nationality

A person is determined to have Vietnamese nationality on one of the following grounds:

1. By birth, as prescribed in Articles 15, 16 and 17 of this Law;

2. Having been naturalized in Vietnam;

3. Having Vietnamese nationality restored;

4. On the grounds defined in Articles 18, 35 and 37 of this Law;

5. On the grounds defined in treaties to which the Socialist Republic of Vietnam is a contracting party.

As regulations above, children born in or outside of Vietnam are considered to have Vietnamese nationality if they fall under one of the following cases:

- A child born inside or outside the Vietnamese territory whose parents, at the time of his/her birth, are both Vietnamese citizens has Vietnamese nationality.

- A child born inside or outside the Vietnamese territory either of whose parents is a Vietnamese citizen and the other is a stateless person at the time of his/her birth or whose mother, at the time of his/her birth, is a Vietnamese citizen and whose father is unknown, has Vietnamese nationality.

- A child either of whose parents is a Vietnamese citizen at the time of his/her birth and the other is a foreign national has the Vietnamese nationality if so agreed in writing by his/her parents at the time of birth registration.

In case a child is born in the Vietnamese territory but his/her parents fail to reach an agreement on the selection of his/her nationality, the child has Vietnamese nationality.

- A child born in the Vietnamese territory whose parents, at the time of his/her birth, are both stateless persons with a permanent residence in Vietnam has Vietnamese nationality.

- A child born in the Vietnamese territory whose mother, at the time of his/her birth, is a stateless person with a permanent residence in Vietnam and whose father is unknown, has Vietnamese nationality.

- A child has been naturalized in Vietnam;

- A child has Vietnamese nationality restored;

- A child, who is defined in Articles 18, 35 and 37 of the Law on Vietnamese Nationality in 2008;

- A child, who is defined in treaties to which the Socialist Republic of Vietnam is a contracting party.

Do Vietnamese children adopted by foreigners retain their Vietnamese nationality? - Source: Internet

Do Vietnamese children adopted by foreigners retain their Vietnamese nationality?

Pursuant to Article 37 of the Law on Vietnamese Nationality in 2008 stipulating nationality of adopted minor children as follows:

Nationality of adopted minor children

1. A child who is a Vietnamese citizen and adopted by a foreigner will retain his/her Vietnamese nationality.

2. A child who is a foreign national and adopted by a Vietnamese citizen will acquire Vietnamese nationality from the date a competent Vietnamese agency approves the adoption.

3. A child who is a foreign national and adopted by parents one of whom is a Vietnamese citizen and the other is a foreign national may be permitted for naturalization in Vietnam according to the application for Vietnamese nationality filed by his/ her adoptive parents and is exempt from conditions prescribed in Clause 1, Article 19 of this Law.

4. Change of the nationality of adopted children aged between full 15 and under 18 years is subject to these persons’ consent.

As regulations above, Vietnamese children, who are adopted by foreigners, may retain their Vietnamese nationality.

What documents are required for the dossiers of application for Vietnamese nationality?

Pursuant to Article 20 of the Law on Vietnamese Nationality in 2008 stipulating dossiers of application for Vietnamese nationality as follows:

- An application for Vietnamese nationality;

- A copy of the birth certificate, passport or other substitute papers;

- A curriculum vitae;

- A judicial record issued by a competent Vietnamese authority for the period the applicant resides in Vietnam and a judicial record issued by a competent foreign authority for the period the applicant resides in the foreign country. Judicial records must be issued within 90 days before the date of filing the dossier;

- Papers proving his/her Vietnamese language skills;

- Papers proving his/her place and period of residence in Vietnam;

- Papers proving his/her ability to make livelihood in Vietnam.

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