If my son's father is British, does my son have British nationality in Vietnam?

If my son's father is British, does my son have British nationality in Vietnam?

Please ask, I know a foreign man with British nationality, we are not married, but we have a child together. We had a conflict and broke up when I was 5 months pregnant. Even though I contacted him, I sent him pictures of the baby, but there was no response. Please tell me in this case, will my child get British nationality if I sue him for denial of responsibility or not? Please advise. I want to claim benefits for my children.

Reply: 

According to the provisions of Article 16 of the Law on Vietnamese Nationality 2008, then:

1. 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.

2. 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.

In Clause 1, Article 36 of the Law on Civil Status 2014 stipulates the procedures for birth registration as follows:

1. Birth registrants shall submit the papers specified in Clause 1, Article 16 of this Law to the civil status registration agency. In case either parent is or both parents are foreigner(s), a document on the agreement of the parents on the selection of citizenship for their child.

If the parents choose a foreign citizenship for their child, their agreement document must contain certification of a competent foreign state agency of which they are citizens.

According to the above regulations in Vietnam, if you want to choose British nationality for your child, you must get the consent of the father and must submit a written agreement of the father and mother on the choice of nationality for the child.

Meanwhile, the two of you are not married and the other has no intention of adopting your child, there is no basis for your child to have British nationality. Therefore, your child will be born with the mother's nationality, which is Vietnamese nationality. 

You want to sue this man for denial of responsibility in Vietnam, there is no basis because you are not married. So when you sue, there is no basis for the court to deal with you.

What is influence of place of birth on children's nationality in Vietnam?

I have an Australian husband. If I go back to Vietnam to give birth, will the baby have dual nationality? Is my child required to include a Vietnamese name if he/she holds dual nationality?

Reply: 

According to the provisions of Article 4 of the Law on Vietnamese Nationality 2008 stipulates: The State of the Socialist Republic of Vietnam recognizes that Vietnamese citizens have a single nationality, Vietnamese nationality, unless it is otherwise provided for by this Law.

Clause 2, Article 16 of the Law on Vietnamese Nationality 2008 stipulates the nationality of children either of whose parents is a Vietnamese citizen as follows:

2. 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.

Clause 1, Article 36 of the Law on Civil Status 2014 stipulates the procedures for birth registration: If the parents choose a foreign citizenship for their child, their agreement document must contain certification of a competent foreign state agency of which they are citizens.

Thus, if you give birth in Vietnam, she can only choose one nationality. In case the couple chooses Australian nationality for your children, the written agreement on choosing a nationality for your children must be certified by a competent Australian state agency. 

A written agreement on choosing a nationality for your child in Vietnam is made according to your agreement (drafted by yourself, using legal services of a law-practicing organization or drafted at a certifying authority ...) and must be certified at the competent Australian government agency.

If I marry a foreigner and give birth in Vietnam, will my child have Vietnamese nationality?

I have permanent residence in Long Bien district, Hanoi. In March 2015, I married Mr. A (Canadian) at Hanoi Department of Justice. On October 5, 2022, I gave birth to a grandson at VP Hospital. Please indicate which agency has authority to register the birth of my child? What is the procedure specified? Me and my husband want our child to have Vietnamese nationality, is it possible?

Reply: 

According to the provisions of Article 35 of the Law on Civil Status 2014, District-level People's Committees of places of residence of fathers or mothers shall register birth for children in the following cases:

1. Children born in Vietnam:

a/ Having a parent being a Vietnamese citizen and the other being a foreigner or a stateless person;

b/ Having a parent being a Vietnamese citizen residing in the country and the other being a Vietnamese citizen residing abroad;

c/ Having both parents being Vietnamese citizens residing abroad;

d/ Having both parents being foreigners or stateless persons.

2. Children born abroad with their birth not yet registered abroad and taken to reside in Vietnam:

a/ Having both parents being Vietnamese citizens;

b/ Having a parent being a Vietnamese citizen.

Based on the above regulations in Vietnam, the People's Committee of Long Bien district is the competent authority to register the birth of your child. 

When going to carry out procedures for birth registration for your child, you or your relatives must submit documents including: A declaration according to the prescribed form and birth certificate to the civil status registration agency and must present a certificate of birth registration; the original of one of the papers, which is a passport, people's identity card, citizen identification card or other paper with a photo and personal information attached by a competent authority, which is still valid for use to prove the identity of the applicant and proof of residence in Vietnam. 

If a husband or wife chooses Vietnamese nationality for their children, they must submit a written agreement of their parents on choosing Vietnamese nationality for their children and after birth registration, their children will have Vietnamese citizenship. 

Best regards!