CHOICE OF NATIONALITY AT BIRTH IN VIETNAM

I would suggest getting advice directly from the Australian Consulate or the Vietnamese office that issues birth certificates (Justice Department?). Otherwise, seek advice from a Vietnam-based attorney with this type of experience. I know the U.S. Embassy website offers a list of attorney offices in Hanoi and HCM: https://vn.usembassy.gov/u-s-citizen-se … attorneys/

You should go and meet a lawyer.

markgor wrote:

We are looking for experienced-based advice from the expat community in Vietnam... we (my VN wife and myself - native born Australian) will soon have our second child, to be born in VN. Prior to obtaining a birth certificate we must sign a document specifying the new-born's nationality, which can be other than VNese, even though born in VN. I have approached the Australian Consulate for advice how to go about this.. after all, it is only the Australian government who can confirm nationality but they have responded that the child MUST BE Vietnamese having been born in VN. However this seems not to the case for the VN government. We have one child already, we accepted VN nationality for her and then applied for citizenship by descent from the Australian government, which was granted. The VN govt has now banned children born with VNese nationality from have non-VNese names (other than family name), so we are trying to determine the outcome of claiming Australian nationality from birth (to the VN govt) and the effect this might have, if any, on the procedure for subsequently formalising  Aust nationality with the Aust government. Any advice? Thanks!

I don't know where you get this information, but it was wrong. You can choose which nationality do you want for your chile. Even no matter where they born(outside of your motherland.) But you need to register in your embassy which you were living. Please get in touch with your Australian government console.

thanks Zac... The Australian Consulate will not answer the question... I know it is not their problem and, as far as they are concerned, a child born in VN is VNese... but there is this special situation only in VN... at the end of the day, it is not a huge deal.. just that VN has banned children born in VN clamiing VN nationality, from having western names.. I guess someone in the govt had nothing better to do

try this topic:
https://www.expat.com/forum/viewtopic.php?id=780221

Hi, I notice you've had experience with applying for citizen by descent for your child. I'm in process of tackling the online application. Would you be able to assist me with some general queries? Cheers Dean

Have you tried contacting one of the committees in your district?

I know someone, who did sort a similar case some years ago. Most likely not for free. If interested, pm only.
No warranty for any words in this replay for any success or help

markgor wrote:

thanks Zac... The Australian Consulate will not answer the question... I know it is not their problem and, as far as they are concerned, a child born in VN is VNese... but there is this special situation only in VN... at the end of the day, it is not a huge deal.. just that VN has banned children born in VN clamiing VN nationality, from having western names.. I guess someone in the govt had nothing better to do

You are right that it is not a big deal. Even if you claimed your child to be Australian citizen at birth the VN government will still not allow your child to have a western name on record. You would have to change it through the court system back home.

Here is the difference though. If you claim your child as VN citizen at birth, then you go and get their citizenship and passport at the consulate, your child will need to get a Vietnamese passport in order to exit the country.

If your child was listed as an Australian citizen at birth, when he gets his Australian passport, he will need to get a VN visa to exit the country. Hope that helps.