2019 Statelessness & Citizenship Review 1(1) Article 16(1) of the Law on Vietnamese Nationality (‘2008 Nationality Law’) 69 states that a child born inside or outside the Vietnamese territory with one parent who is a Vietnamese citizen, and the other parent is stateless at the time of his/her birth, that child has Vietnamese nationality. Article 16(1) further states that a child born inside or outside the Vietnamese territory whose mother is a Vietnamese citizen and whose father is unknown, has Vietnamese nationality. 70 Thus under this first part of art 16, wherever born, a child can take the Vietnamese nationality of a parent who is a Vietnamese citizen to avoid statelessness, or where the father is unknown. As we will explain, this latter provision is often used to falsely claim Vietnamese citizenship for a returned child of marriage migrants. Article 16(2) contains a provision which does theoretically cover the situation of returned children of marriage migrants but which also highlights a key problem. Article 16(2) states that where one parent is a Vietnamese citizen, and the other is a foreign national, the parents must agree in writing at the time of the birth registration, that the child is a Vietnamese national, for the child to be a Vietnamese national. 71 If the parents fail to reach agreement and the child is born on Vietnamese territory, then the child has Vietnamese nationality. These children (born in Taiwan, South Korea or China), will have the nationality of their father and place of birth, regardless of the legality of their parents’ marriage. 72 Based on our findings there is no evidence that such agreements are made at the time of the birth registration; the child born in a foreign country will be registered there with the father’s nationality. Indeed, one of the main purposes of marriage migration from the perspective of the receiving (father’s) state is to increase that state’s population. 73 Thus, falsification of a birth certificate aside, this provision has little practical effect on the nationality of a returned child of marriage migrants. There is no provision for what should occur if agreement is not reached — and what should occur if the child’s mother (as is usually the case) decides to return to Vietnam with her child who, due to lack of written agreement at birth, is not Vietnamese. This is the source of much confusion — and, as our data has revealed, some inventiveness — in seeking to register the child within the ho khau system and ensuring they are able to access social services, such as public education. Permanent registration under the ho khao system affords access to many of the rights associated with effective citizenship. However, despite these difficulties, there are a number of children of returned marriage migrants living in the Delta who claim to hold Vietnamese nationality. We found that at least 67 of the total 206 children included in our study hold Vietnamese citizenship documentation. Accordingly, in relation to this first category our findings suggest that these children are either: • born overseas to a Vietnamese mother and a non-Vietnamese father, however their mothers typically do not bring their child’s foreign identity documents (or, have been refused access to the documentation or the mother conceals it), and claim falsely that the father is unknown in order to obtain Vietnamese nationality for their child to comply with art 16(1) of the 69 70 71 72 73 (No 24/2008/QH12, 2008) (Vietnam) (‘2008 Nationality Law’). ibid. ibid art 16(2). In some cases of marriage migration, a legal marriage does not necessarily follow. Article 9 of the 2008 Nationality Law states that the ‘marriage, divorce or annulment of unlawful marriage does not alter Vietnamese nationality of the involved parties as well as their minor children (if any)’. Kneebone, ‘Nationality and Identity in Regulation’ (n 5). 82