Procedures to recognize foreign parent and choose nationality for children
Procedures to recognize foreign parent and choose nationality for children. Not yet registered for marriage, can children have foreign nationality? Can a child born to a foreign parent; but their parents have not yet registered their marriage have a foreign nationality? Let us learn about this topic with LSX law firm as follow:
Not yet registered for marriage with foreign parent, can children have foreign nationality?
Registering a birth with foreign elements but not yet registering a marriage? According to the provisions of Clause 2, Article 16 of the Law on Nationality Amending and Supplementing in 2014; the nationality of children is determined as follows:
[….] 2. A child whose father or mother is a Vietnamese citizen at birth; and the other is a foreign citizen shall have Vietnamese nationality; if there is a written agreement of the parents at the time of birth registration. When a child is born in the Vietnamese territory; and the parents cannot agree on nationality, such child shall have Vietnamese nationality.
At the same time, Clause 1, Article 36 of the 2014 Law on Civil Status stipulates:
1. The person applying for birth registration shall submit the papers specified in Clause 1; Article 16 of this Law to the civil status registration agency. In case the father or mother or both parents are foreigners; Parents must submit a written agreement between the parents on the choice of nationality for the child
they are citizens.
Suppose a parent chooses a foreign nationality for their child. In that case, the written agreement must be certified by a competent state agency of the foreign country of which that person is a citizen.
Therefore, children are allowed to acquire foreign nationality when their parents have not yet registered their marriage. The parents have to agree in writing on the choice of race for the child. However, because the child’s parents have not yet registered their marriage; they must carry out procedures to recognize the father and son before registering the birth; and choosing the nationality for the child.
Procedures to recognize foreign parent and choose nationality for children
According to Article 12 of Circular 15/2015/TT-BTP; procedures for recognizing parents and children and choosing nationality for children are prescribed as follows:
Procedures for birth registration for children. When registering the birth of a child and someone requests the registration of the child; the civil status registration agency shall jointly handle the birth registration and the child recognition registration procedures as follows:
Profile includes:
1. Firstly, a birth registration declaration and a child recognition registration form according to the prescribed form;
2. Secondly, birth certificate or paper in place of Birth Certificate as prescribed in Clause 1, Article 16 of the Law on civil status 2014 as follows:
The person registering for birth shall submit a declaration according to the prescribed form and the birth certificate to the civil status registration agency. If the birth certificate is not available, they shall submit the witness’s document certifying the birth; if there is no witness, there must be a written commitment about the delivery;
3. Thirdly, evidence proving the parent-child relationship as prescribed in Article 11 of Circular 15/2015/TT-BTP.
It can find proof of the parent-child relationship here.
Thus, to register the birth of a child with a foreign nationality; it is necessary to carry out the procedures to receive the child according to the above provisions. At the same time, enclose the written agreement on selection of foreign nationality for the child; certified by the competent authority of the foreign country of which the child is a citizen.
The dossier is sent to the Justice Department, where the Vietnamese citizen resides.
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Related questions
Firstly, the procedure for extracting foreign elements is often more difficult
Secondly, influenced by time and work when returning home to carry out the procedure
Thirdly, causing troubles to relatives, related to authorization issues, representative papers to carry out procedures.
In addition, for the elderly, the birth certificate is long and no longer has data, it is difficult to extract normally.
Simply put, after completing the administrative procedures to apply for a license and issue a birth certificate, you will be issued an original and the state agency will keep the original and similar copies. If an extract is lost or stolen by a citizen, the competent authority will issue a copy (with a stamp) to replace the original after receiving the request.
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