Changing the nationality of a child is an important issue, not only related to legal factors but also directly affecting the rights and future of the child. Below is detailed information so that parents and guardians can clearly understand the steps and conditions for implementation.
Table of Contents/Mục lục
1. Conditions for changing nationality for children
In deciding to change the nationality of a child, it is first necessary to ensure that the conditions are in accordance with legal regulations. The following important factors need to be considered:
- Parents’ nationality :
The nationality of the parents is a key factor in determining the nationality of the child. If both parents are Vietnamese nationals, it is easier to change the nationality of the child under the Vietnamese legal system. In cases where the parents are of different nationalities (one Vietnamese, one foreigner), the differences in nationality laws between the two countries will create additional requirements that need to be considered.
- Child’s residence :
The child’s actual place of residence plays an important role in determining nationality. Whether the child lives with a parent or guardian will affect the application of relevant legal provisions. If the child lives in Vietnam, Vietnamese law will play a primary role, but if the child is living abroad, the regulations of that country must also be considered.
- My opinion :
For children, depending on their age and maturity, their opinions should be considered carefully. The laws of many countries, including Vietnam, stipulate that children from a certain age (usually 9 or 10 years old and above) have the right to participate in decisions that directly affect them.
- Agreement between parents :
In cases where both parents have custody, reaching an agreement on nationality, custody, and visitation rights will simplify the process. If the two parties cannot agree, intervention by the competent authority or the court will be necessary.
- Court decision :
When parents cannot reach an agreement, the court will make a final decision based on the best interests of the child. This decision may include custody, visitation rights, and citizenship issues.
2. Procedures for changing nationality from Vietnam to foreign country
When deciding to let a child change nationality from Vietnam to another country, it is very important to prepare complete documents and understand the steps involved.
Termination of Vietnamese nationality of children at the request of parents or legal guardians, usually applied when children will acquire foreign nationality to suit family circumstances or legal conditions of the country where the children settle.
Step 1: Prepare necessary documents
– Application for renunciation of Vietnamese nationality.
– Personal history.
– Vietnamese passport, ID card or other identity documents.
– Criminal record certificate is issued no more than 90 days from the date of application submission.
– Documents confirming that you are applying for foreign nationality.
– Certificate of no tax debt.
Step 2: Submit application at the application receiving agency
A person applying to renounce Vietnamese nationality must submit a complete application to the Department of Justice of the place of residence (if residing in the country) or to the Vietnamese representative agency abroad (if residing abroad).
Step 3: File processing
The total time to process procedures for renouncing Vietnamese nationality is about 75 working days, including the following procedures:
– The Department of Justice shall post 03 consecutive notices in local newspapers/electronic newspapers and send them to the Ministry of Justice’s website (if the applicant resides in the country) or on the website of the Vietnamese representative agency abroad (if this person is abroad).
– Verify information:
+ The Department of Justice sends the verification request to the provincial police and during that time, the Department of Justice reviews the documents in the file. After receiving the verification from the provincial police, it will be submitted to the Chairman of the Provincial People’s Committee (if the requester is in the country).
+ The Vietnamese representative agency abroad will review and forward the application to the Ministry of Foreign Affairs and forward the proposal to the Ministry of Foreign Affairs (if the applicant is abroad).
– The Chairman of the Provincial People’s Committee or the Vietnamese representative agency abroad shall propose opinions to the Ministry of Justice, which will verify and re-examine the dossier and report to the Prime Minister so that the Prime Minister can submit them to the President for consideration and decision.
– The President considers and decides to allow citizens to renounce their Vietnamese nationality.
Step 4: Pay the fee to complete the procedure
2.5 million VND if submitting application at the Department of Justice or 200 USD if submitting application at Vietnamese representative agencies abroad
3. Procedures for changing nationality from foreign to Vietnamese
If the child has foreign nationality and wants to change to Vietnamese nationality, the steps are similar but there are some differences to note.
To ensure that children are recognized as Vietnamese citizens according to the provisions of law, especially in cases where parents have other nationalities, children are born abroad, or whose nationality has not been determined.
Step 1: Prepare necessary documents
– Application for Vietnamese nationality.
– Copy of passport or other document with photo attached.
– Personal history.
– Criminal record certificate is issued within 90 days from the date of submission of application for naturalization.
– Birth certificate to prove the relationship between parents who are Vietnamese citizens and the child.
– A written agreement with the signatures of both parents on the application for Vietnamese nationality for the minor child to naturalize with the parents if only the father or mother is naturalized.
Step 2: Submit application at the application receiving agency
The applicant submits the application to the Department of Justice of the place of residence if living in Vietnam.
Step 3: File processing
The normal processing time is 135 working days for the agencies including the following stages:
– The Department of Justice requests the provincial police to verify the identity. After receiving the verification, complete the dossier and submit it to the Chairman of the Provincial People’s Committee.
– The Chairman of the Provincial People’s Committee reviews, concludes and sends recommendations to the Ministry of Justice.
– The Ministry of Justice will review the documents and notify the applicant to carry out procedures to renounce foreign nationality (if any).
– The Ministry of Justice reports to the Prime Minister to submit to the President for consideration of naturalization for the applicant.
– The President considers and decides on naturalization.
Step 4: Pay the fee to complete the procedure
3 million VND/case
4. Special cases
Some special situations require more flexible regulations in the procedure for changing nationality:
- Minors :
For children under 18, the parent or guardian is the legal representative who decides on nationality. This process is usually less complicated but requires explicit agreement from the parents. - Children of legal age :
Children aged 18 and over have the right to choose their nationality without parental consent. - In case of parents’ whereabouts unknown :
When a child has no parents or the whereabouts of the parents are unknown, the guardian or competent authority will be responsible for carrying out the relevant procedures. - Conflict of laws :
If the laws of the child’s country of nationality and Vietnam are inconsistent, it is necessary to consult international treaties or seek assistance from diplomatic agencies.
5. Children’s rights in changing nationality
In any decision to change nationality, the interests of the child always come first:
- Right to best interests :
This right ensures that any decisions regarding a child’s nationality are in the child’s long-term interests, both legally and socially. - Right to live in a stable environment :
Changing nationality can affect a child’s living environment, education and relationships. Careful consideration should be given before making a decision. - Right to be heard :
Children have the right to be heard, especially when they are of age and have some understanding of nationality issues.
Changing nationality is a major step that requires careful consideration and compliance with the law. Ensuring that the steps are followed will help to best protect the rights of children in all circumstances.
