Changing a child’s nationality is a crucial matter that involves not only legal aspects but also directly impacts the child’s rights and future. Below is detailed information provided by LawPlus to help parents and guardians understand the necessary steps and conditions for this process.
Table of Contents/Mục lục
1. Conditions for Changing a Child’s Nationality
Before deciding to change a child’s nationality, it is essential to ensure compliance with legal regulations. The following key factors must be considered:
Parents’ Nationality
The nationality of the parents plays a crucial role in determining the child’s nationality. If both parents are Vietnamese citizens, changing the child’s nationality is relatively straightforward under Vietnamese law. However, if the parents have different nationalities (one Vietnamese and one foreign), additional legal requirements may apply due to differences in nationality laws between the two countries.
Child’s Place of Residence
The child’s actual place of residence is a key factor in determining nationality. Whether the child lives with a parent or guardian influences the applicable legal regulations. If the child resides in Vietnam, Vietnamese law will primarily govern the process. If the child is living abroad, the laws of that country must also be taken into account.
Child’s Opinion
Depending on the child’s age and level of maturity, their opinion should be carefully considered. Many legal systems, including Vietnam’s, recognize that children above a certain age (typically 9 or 10 years old) have the right to express their views in decisions that directly affect them.
Parental Agreement
If both parents have custody, reaching an agreement on nationality, child custody, and visitation rights will simplify the process. If an agreement cannot be reached, intervention by a competent authority or court may be required.
Court Decision
In cases where parents cannot reach an agreement, the court will make the final decision based on the principle of ensuring the child’s best interests. The ruling may cover custody, visitation rights, and nationality matters.
2. Procedures for Changing a Child’s Nationality from Vietnam to a Foreign Country
When opting to change a child’s nationality from Vietnamese to a foreign one, preparing the necessary documents and understanding the procedural steps are crucial.
Step 1: Prepare Required Documents
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Application for renunciation of Vietnamese nationality.
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Personal background declaration.
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Vietnamese passport, identity card, or other personal identification documents.
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Criminal record certificate issued within 90 days from the submission date.
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Documents proving the child is undergoing procedures for acquiring foreign nationality.
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Tax clearance certificate.
Step 2: Submit the Application to the Competent Authority
The application for renunciation of Vietnamese nationality should be submitted to the Department of Justice in the child’s place of residence (if residing in Vietnam) or to the Vietnamese diplomatic mission abroad (if residing overseas).
Step 3: Processing the Application
The process of renouncing Vietnamese nationality takes approximately 75 working days and involves:
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The Department of Justice publishing three consecutive notices in local print or online newspapers and the Ministry of Justice’s website (for domestic applicants) or on the website of the Vietnamese diplomatic mission (for overseas applicants).
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Verification by the provincial police authority, followed by an assessment of documents by the Department of Justice. Once verified, the case is submitted to the provincial People’s Committee Chairman (for domestic applicants) or the Ministry of Foreign Affairs (for overseas applicants).
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The Chairman of the provincial People’s Committee or the Vietnamese diplomatic mission provides a recommendation to the Ministry of Justice. The Ministry then reviews the case, submits a report to the Prime Minister, who in turn presents it to the President for final approval.
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The President issues a decision granting renunciation of Vietnamese nationality.
Step 4: Pay Processing Fees
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2.5 million VND if submitted at the Department of Justice.
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200 USD if submitted at a Vietnamese diplomatic mission abroad.
3. Procedures for Changing a Child’s Nationality from a Foreign Country to Vietnam
For children with foreign nationality who wish to acquire Vietnamese nationality, the process is similar but includes some unique requirements.
This procedure ensures that children are recognized as Vietnamese citizens under legal regulations, particularly in cases where parents have different nationalities, the child was born abroad, or their nationality is undetermined.
Step 1: Prepare Required Documents
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Application for Vietnamese nationality.
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Copy of passport or other identification documents with a photo.
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Personal background declaration.
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Criminal record certificate issued within 90 days from the submission date.
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Birth certificate proving the child’s relationship with at least one Vietnamese parent.
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A written agreement signed by both parents for the child to acquire Vietnamese nationality (if only one parent is applying for naturalization).
Step 2: Submit the Application to the Competent Authority
The applicant submits the documents to the Department of Justice in their place of residence in Vietnam.
Step 3: Processing the Application
The process typically takes 135 working days and includes:
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The Department of Justice requesting the provincial police to verify the applicant’s background. Once verified, the case is submitted to the Chairman of the provincial People’s Committee.
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The Chairman of the provincial People’s Committee reviews and sends a recommendation to the Ministry of Justice.
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The Ministry of Justice reviews the case and instructs the applicant to complete the renunciation of their foreign nationality (if applicable).
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The Ministry of Justice reports the case to the Prime Minister, who submits it to the President for final approval.
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The President issues a decision granting Vietnamese nationality.
Step 4: Pay Processing Fees
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3 million VND per application
4. Special Cases
Certain special situations require flexible regulations in the nationality change process:
Minors (Under 18 Years Old)
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For children under 18, parents or legal guardians make the nationality decision on their behalf. This process is generally simpler but requires clear parental agreement.
Adults (18 Years and Older)
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Children aged 18 and above have the right to choose their nationality without parental consent.
Cases Where Parents Are Unknown
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If a child has no known parents or their whereabouts are unknown, the legal guardian or competent authorities will handle nationality procedures.
Conflicts in Nationality Laws
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If the nationality laws of the child’s country of origin and Vietnam conflict, international treaties or diplomatic assistance should be consulted.
5. Children’s Rights in Nationality Changes
Regardless of the decision regarding nationality, the child’s rights must always be prioritized:
Best Interests Protection
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Ensures that all nationality decisions focus on the child’s long-term legal and social well-being.
Stable Living Environment
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Nationality changes can impact a child’s living conditions, education, and relationships, requiring careful consideration.
Participate in Decision-Making
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Children have the right to express their opinions, especially if they are old enough to understand nationality issues.
Changing nationality is a significant decision that requires careful consideration and strict adherence to legal procedures. Following the correct steps will help protect the child’s best interests in all circumstances.
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