For Vietnamese–American families — where one parent is a U.S. citizen (USC) and the other is a Vietnamese citizen — the question of a child’s citizenship is not a simple one. It involves two national legal systems operating in parallel, each with its own rules. When handled properly, a child may lawfully hold both citizenships — a strategic asset for education, career opportunities, and property rights.

The U.S. Side: Citizenship at Birth under INA §301/§309

Under the Immigration and Nationality Act (INA), a child born in Vietnam to a U.S. citizen parent may acquire U.S. citizenship at birth if the applicable requirements are met, including the U.S. citizen parent’s physical presence in the United States and the genetic or gestational relationship between the U.S. citizen parent and the child. Below are several common scenarios:

• Both parents are U.S. citizens and the child is born in wedlock: At least one parent must have resided in the United States before the child’s birth; at least one parent must have a genetic or gestational connection to the child; and both parents must demonstrate a parental relationship with the child.

• One parent is a U.S. citizen, the other parent is not a U.S. citizen, and the child is born in wedlock: The U.S. citizen parent must have been physically present in the United States for five years, at least two of which must have been after the age of 14; at least one parent must have a genetic or gestational connection to the child; and both parents must demonstrate a parental relationship with the child.

• The father is a U.S. citizen, the mother is not a U.S. citizen, and the child is born out of wedlock: Stricter rules apply under INA §309.

A Consular Report of Birth Abroad (CRBA) is the official document establishing U.S. citizenship at birth. The application must be submitted at the U.S. Embassy in Hanoi or the U.S. Consulate General in Ho Chi Minh City before the child turns 18. In addition, the child’s U.S. passport application may be submitted at the same time as the CRBA application.

The Vietnamese Side: The Principle of Single Citizenship with Exceptions

The Law on Vietnamese Nationality 2008 (Law No. 24/2008/QH12), as amended by Law No. 79/2025/QH15, applies the principle of single citizenship. In essence, this principle does not exclude the possibility that a person may hold two or more nationalities. However, in the relationship between an individual and the state, that state recognizes the individual as holding only the nationality of that state. For example, the State of Vietnam recognizes a person as a Vietnamese citizen within Vietnamese territory, even if that person also holds other nationalities.

That said, Vietnam applies this principle in a one-way manner. A person who already holds Vietnamese nationality may acquire another nationality without automatically losing Vietnamese nationality. However, a foreign national who applies for Vietnamese nationality is generally required to renounce their original nationality, except in certain exceptional cases.

For a child with one Vietnamese parent and one foreign parent, the question is: at the time of the child’s birth, what should the parents do to ensure compliance with Vietnam’s nationality rules so that the child may lawfully hold both nationalities?

Best-Case Scenario: A Child Born in Vietnam Holding Both Nationalities

For Vietnamese–American families with a child born in Vietnam, the optimal pathway is:

1. Register the child’s birth at the local People’s Committee and select Vietnamese nationality for the child based on the parents’ agreement;

2. Apply for a CRBA and a U.S. passport at the U.S. Embassy or Consulate, thereby establishing the child’s U.S. citizenship at birth through the U.S. citizen parent;

3. Apply for the child’s Vietnamese Citizen Identification Card (CCCD) through the Vietnamese parent;

4. Apply for the child’s Vietnamese passport at the Vietnamese immigration authority.

As a result, the child may hold two passports and be lawfully recognized as a citizen of both countries.

Documents Commonly Required for a CRBA Application

• The child’s Vietnamese birth certificate

• The parents’ marriage certificate, if applicable

• The U.S. citizen parent’s U.S. passport

• Evidence of the U.S. citizen parent’s physical presence in the United States, depending on the specific circumstances of the case

Evidence of physical presence is often the most challenging part of the application — especially for younger Vietnamese–American parents who may not have clear records for every relevant period.

Strategic Benefits for the Family

Asset-planning advantage: A child who holds Vietnamese nationality may, upon reaching adulthood, have full rights to own real estate in Vietnam — a right that purely foreign citizens do not have. For high-net-worth (HNW) families planning to transfer family assets in Vietnam, this can be a strategic asset.

Key takeaway: Where a child is born to one parent who is a U.S. citizen and one parent who is a Vietnamese citizen, proper planning at birth can help the child lawfully preserve both citizenships.

Next Step: Download the free Dual Citizenship Readiness Checklist at chilliconsulting.vn/resources.

Disclaimer: This article is for informational purposes only and does not constitute formal legal advice. Laws and regulations may change — please consult a qualified attorney before taking action.