2019
Statelessness & Citizenship Review
1(1)
consequence, the mothers and families of children of returned marriage migrants
are forced to resort to creative uses of the existing legal framework. Another gap
in the laws in the lack of provision for dual nationality for such children. These
are of course all matters to be debated and decided at the national level.
Additionally, our research suggested a lack of consistent application of the
existing legal framework at the local or provincial level. We note that the ‘ad hoc’
or case-by-case solutions devised at the local level point to deep disparities
between law and practice.
However, in order to tackle this problem, there is a need for reliable data on the
situation of the children of returned marriage migrants. Our findings support the
need for further investigation into the underexplored consequence of marriage
migration in this region and throughout Vietnam, and the circumstances under
which children return and live in Vietnam. We note the ‘newness’ of this problem
and the need to accommodate the long term needs of these children as they reach
adulthood. Critically, while we focus here on the uncertain legal status of these
children in Vietnam, there is also a great need to understand the broader social
consequences of this phenomenon — including, for example, the impact of longterm separation from their fathers, who are located outside Vietnam and with
whom they may have no contact. In sum, the many impacts of marriage migration
on the children of returned marriage migrants are yet to be fully identified — and
this information is essential to form appropriate policy responses.
Further there needs to be more awareness raising and education about this issue.
We found that many families were unaware of the possible consequences of their
actions in falsely identifying children as Vietnamese nationals, or about the
consequences of not registering a child under the ho khau system.
Finally, this problem also points to issues surrounding divorce and custody
proceedings in the destination state. These are beyond the scope of this paper, but
they are the primary source of the problem and point to the need for bilateral and
regional approaches to tackle the problem.
94