Procedures for birth registration for children with dual citizenship?

by DungTran

Procedures for birth registration for children with dual citizenship? Where to apply for consular legalization? What procedure do you need? Let us learn about this topic with LSX Law firm below:

Situation:

I am married to a Japanese husband, currently living in Vietnam. Next month I give birth to a baby. I want to make a birth certificate for him with both nationalities. If you have Japanese nationality, your father will do it. I want to ask about the procedure for making a birth certificate of Vietnamese nationality. I find out that when registering a birth, there should be a paper: “agreement on choosing a nationality for your child.” However, I do not know if this paper needs to be legalized by the consul? Where to apply for consular legalization? What procedure do you need?

Reply:

Procedures for birth registration for children with dual citizenship

According to the information you provided, your husband is Japanese with Japanese nationality. You are Vietnamese, with Vietnamese nationality. You want your child to have dual citizenship. However, when you register the birth, choose one nationality for your child. One is Vietnamese nationality. The other is Japanese nationality. You can enter more nationality of the other country. Thus, if you give birth to a child of Vietnamese nationality, your husband must apply for Japanese citizenship for your child. If the two of you agree that the child has Japanese nationality, then follow the procedures for the child to have Vietnamese nationality. According to the information you provided, you gave birth to a Vietnamese citizen. According to the law:

The 2014 Civil Status Law stipulates: 

Article 16. Birth registration procedures

“1. The person going to register the birth shall submit a declaration according to the prescribed form and the birth certificate to the civil status registration agency. If there is no birth certificate, the witness’s document certifying the birth shall be submitted; if If there are no witnesses, there must be a birth certificate; in case of birth registration for an abandoned child, there must be a written certification of the abandonment; made by a competent agency; in case of birth registration for a child Children born through surrogacy must have documents proving the surrogacy under the law. 

Article 35. Authority to register births

The district-level People’s Committee of the place where the father or mother resides shall register the birth of a child in the following cases:

1. Children born in Vietnam:

Firstly, One parent is a Vietnamese citizen, and the other is a foreigner or stateless person;

Secondly, Having one parent who is a Vietnamese citizen residing in the country and the other being a Vietnamese citizen residing abroad;

Moreover, Having a father and mother who are Vietnamese citizens residing abroad;

Finally, Having parents who are foreigners or stateless persons;

2. Children born abroad who have not yet been born registered to reside in Vietnam:

Having a father and mother who are Vietnamese citizens;

In addition, Having a parent who is a Vietnamese citizen.” 

Article 36. Procedures for birth registration

“Firstly, 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. Suppose the father or mother or both parents are foreigners. In that case, such documents must be submitted agreement of parents on choosing nationality for their children.

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’s citizens.

Secondly, Immediately after receiving the complete documents as prescribed in Clause 1 of this Article, if the birth registration information is complete and appropriate, the civil status officer shall record the birth registration information as prescribed in Article 14 of the Law. This is in the civil status book; in children with foreign nationality, the contents specified at Point c, Clause 1, Article 14 of this Law shall not be recorded.

Civil status civil servants and birth registration persons shall both sign in the civil status book. The Justice Division shall report to the President of the district-level People’s Committee to grant birth certificates to persons whose births are registered.

Lastly, The Government shall prescribe procedures for birth registration for the cases specified in Clause 2, Article 35 of this Law.”

From the above regulations, when registering a birth, the two parties agree that the child will have Vietnamese nationality: 

Birth documents for children with dual citizenship

+ Declaration

+ Birth certificate

+ A written agreement between parents on choosing a nationality for their child is Vietnamese nationality.

Additionally, Place of submission: District People’s Committee

In case the two parties agree that the child has Vietnamese nationality, only a written agreement with signatures of both parties need. In case the two parties agree that the child is a Japanese citizen, the written agreement must be certified by a competent state agency of the foreign country of which that person is a citizen. According to the situation you mentioned, you do procedures for your child to have Vietnamese nationality; so the written agreement between the two parties does not have to be; consular legalized.

Dossier for consular legalization

If you ask for consular legalization, what procedures have to do? In your case, the consular legalization of this case must comply with the provisions of Japanese law because you register the birth of your child. In Vietnam, if you want to apply for Japanese citizenship, you must carry out this procedure. The consular legalization must comply with the provisions of Japanese law. Suppose you want to legalize the consular in Vietnam. The competent authority is the Japanese Consular Office in Vietnam (if required by Japanese law). Your procedure must be based on the provisions of Japanese law. However, usually the application for consular legalization includes:

Firstly, Consular certification declaration according to the form prescribed by Japan

Secondly, Present the original of your identity document

Furthermore, Papers and documents requested for consular certification

Thus, if you give birth to a child of Vietnamese nationality, the written agreement does not need to be consular legalized. 

Finally, hope this article about the procedures for birth registration for children with dual citizenship is helpful for you!

If you have any questions; please contact Lawyer X for quick and best legal services: 0833102102.

Related questions

Can I register the birth of a child with dual citizenship?

Pursuant to the provisions of the Law on Nationality 2008, amended and supplemented in 2014: “Article 4. Principle of nationality The State of the Socialist Republic of Vietnam recognizes Vietnamese citizens having one nationality as Vietnamese nationality, unless otherwise provided for in this Law.

What is a birth certificate?

As can be seen, a birth certificate is an important record that records the birth of a child. The term “birth certificate” can refer to the original document confirming the birth circumstances or a certified copy or representation of the subsequent registration of that birth. Depending on the jurisdiction, the birth certificate may or may not contain verification of facts by the midwife or doctor.

Rate this post

You may also like

Leave a Comment