SUB-REGIONAL OVERVIEW: SOUTHEAST ASIA
SUB-REGIONAL OVERVIEW: SOUTHEAST ASIA
Sub-Regional Overview:
Southeast Asia
Countries Covered: Brunei Darussalam (Brunei),
Cambodia, Indonesia, Lao People’s Democratic Republic
(Laos), Malaysia, Myanmar, Philippines, Singapore,
Thailand, Timor-Leste, Viet Nam
Laws
Citizenship Law
Jus sanguinis and/or jus soli provisions
The citizenship laws of most States in Southeast Asia operate
through a solely jus sanguinis structure, with Viet Nam, Malaysia,
Indonesia, Thailand and Cambodia’s legislation operating
through a combined jus sanguinis and jus soli structure.2411
While operating through a jus sanguinis structure, jus soli factors
also come into play in Brunei due to the distinction between
children born inside or outside of the country.2412 In Cambodia,
Indonesia, the Philippines, Thailand, and Timor-Leste, children
born to a citizen parent will gain citizenship regardless of
birthplace.2413 Laos and Singapore have jus sanguinis structures
that differentiate between persons born within or outside of the
country.2414 Cambodia’s jus soli provision provides that children
born in the country to parents who are both foreigners and were
both born and living legally in Cambodia gain Khmer citizenship
by birth.2415 Further, children born in Thailand automatically
acquire Thai citizenship under jus soli provisions unless they
are born to alien parents, one of whom is a temporary resident,
residing in Thailand illegally, or a diplomat.2416 In Malaysia,
abandoned children and foundlings will gain citizenship by
“operation of the law”, meaning that the citizenship acquisition
is automatic.2417 Viet Nam’s jus soli provisions provide citizenship
by birth to children born to one citizen parent and one foreigner
where the two parents cannot reach an agreement on the
citizenship for the child upon birth registration,2418 children
born to two stateless parents with permanent residence,2419
children born to a stateless mother with permanent residence
where the father is unknown,2420 and foundling children.2421
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STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION)
REPORT 2024
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