Changing the nationality of a child is a significant matter that not only involves legal aspects but also directly impacts the child’s rights and future. Here is detailed information for parents and guardians to understand the steps and conditions required for this process. CHILD NATIONALITY CHANGE GUIDE
Table of Contents/Mục lục
1. Conditions for Changing Nationality for Children
When deciding to change a child’s nationality, it is crucial to meet the legal conditions. Key factors include:
- Parents’ Nationality: The nationality of the parents is essential in determining the child’s nationality. If both parents are Vietnamese nationals, changing the child’s nationality is simpler. For mixed-nationality parents (one Vietnamese, one foreigner), additional legal requirements may apply.
- Child’s Residence: The child’s actual residence affects nationality determination. If the child lives in Vietnam, Vietnamese law applies primarily. If residing abroad, foreign regulations must also be considered.
- Child’s Opinion: Children’s opinions, depending on their age and maturity, should be considered. Many countries, including Vietnam, allow children aged 9 or 10 and above to participate in decisions affecting them.
- Parental Agreement: If both parents have custody, agreeing on nationality, custody, and visitation rights simplifies the process. If parents cannot agree, legal intervention may be required.
- Court Decision: If parents cannot agree, the court will decide based on the child’s best interests, including custody, visitation, and nationality issues.
2. Procedures for Changing Nationality from Vietnam to a Foreign Country
When changing a child’s nationality from Vietnam to another country, thorough documentation and understanding of the process are essential.
Step 1: Prepare Necessary Documents
- Application for renunciation of Vietnamese nationality.
- Personal history.
- Vietnamese passport, ID card, or other identity documents.
- Criminal record certificate issued within 90 days.
- Documents confirming foreign nationality application.
- Certificate of no tax debt.
Step 2: Submit Application
Submit the application to the Department of Justice (if residing in Vietnam) or the Vietnamese representative agency abroad (if residing abroad).
Step 3: File Processing
The process takes about 75 working days and includes:
- Public notices in local and Ministry of Justice’s websites.
- Verification by provincial police and review by the Department of Justice.
- Proposals to the Ministry of Justice, Prime Minister, and President for decision.
Step 4: Pay Fees CHILD NATIONALITY CHANGE GUIDE
- 2.5 million VND if submitted in Vietnam.
- 200 USD if submitted abroad.
3. Procedures for Changing Nationality from a Foreign Country to Vietnam
If the child holds foreign nationality and seeks Vietnamese nationality, similar steps apply with some differences.
Step 1: Prepare Necessary Documents
- Application for Vietnamese nationality.
- Copy of passport or other ID with photo.
- Personal history.
- Criminal record certificate issued within 90 days.
- Birth certificate to prove relationship with Vietnamese parents.
- Agreement with both parents’ signatures if only one parent is naturalized.
Step 2: Submit Application CHILD NATIONALITY CHANGE GUIDE
Submit to the Department of Justice in the place of residence if in Vietnam.
Step 3: File Processing
Normal processing takes 135 working days and includes:
- Verification by provincial police.
- Review and recommendation by the Chairman of the Provincial People’s Committee.
- Notification by the Ministry of Justice for renunciation of foreign nationality.
- Final decision by the President.
Step 4: Pay Fees
- 3 million VND per case.
4. Special Cases CHILD NATIONALITY CHANGE GUIDE
Certain situations require flexible regulations:
- Minors: Parents or guardians decide on nationality for children under 18.
- Legal Age Children: Children aged 18 and above choose their nationality without parental consent.
- Unknown Parents’ Whereabouts: Guardians or competent authorities handle the process.
- Conflict of Laws: Consult international treaties or diplomatic agencies.
5. Children’s Rights in Changing Nationality
Children’s interests are paramount:
- Right to Best Interests: Ensuring decisions are in the child’s long-term legal and social interests.
- Right to Stable Environment: Consider impacts on living environment, education, and relationships.
- Right to Be Heard: Children, especially those of age, should have their opinions considered.
Changing nationality is a major step requiring careful consideration and legal compliance. Following these steps will help protect children’s rights in all circumstances.
