Law No. 74/2025, converting Decree-Law No. 36 of 28/03/2025, introduced a new regulation on the transmission of Italian citizenship, amending Law No. 91 of 05/02/1992.
To register the birth certificate in Italy of a minor born abroad as an Italian citizen, it is necessary to distinguish between two separate applicant categories.
CATEGORY 1: CITIZENSHIP FROM BIRTH
The following cases fall under this category:
a) Minor children born abroad holding Italian citizenship only.
In this category are excluded minors whose parent is Vietnamese, as Vietnam grants citizenship jure sanguinis, unless both parents explicitly renounce the child’s Vietnamese citizenship when the birth certificate is issued by Vietnamese authorities.
b) Minor children of a parent (including adoptive parent) or grandparent who holds – or held at the time of death – only Italian citizenship. (Article 3-bis, paragraph 1, letter c), Law of February 5, 1992, No. 91).
c) Minor children of a parent (including adoptive) with Italian citizenship who was resident in Italy for at least two continuous years before the child’s birth or adoption. (Article 3-bis, paragraph 1, letter d), Law No. 91/1992).
If the minor falls into any of the above cases (a, b, or c), their birth certificate may be registered in Italy while the child is still a minor, by submitting the required documents to the Consular Office of the Italian Embassy in Hanoi, after booking an appointment by email: consolare.hanoi@esteri.it.
➡️ In these cases, registration is free of charge.
➡️ In these cases, the minor child is recognized as an Italian citizen from birth.
REQUIRED DOCUMENTS FOR BIRTH REGISTRATION (ALL CASES):
The following documents must be submitted to the Consular Office:
- A certified copy of the Vietnamese birth certificate, legalized and translated by appointed translators of the Embassy (translators list available on the Embassy website);
- A birth registration request form;
- Photocopies of both parents’ passports (originals must be shown at the counter).
Note: If the birth certificate is issued by a country other than Vietnam, the applicant must ensure the document is legalized (or apostilled) and translated into Italian, through the competent Italian Embassy or Consulate in that country.
Important Additional Conditions:
- If the parents are married, their marriage must be registered in Italy.
- If not yet registered, marriage registration can be completed at the same time as the birth registration.
Note: If the marriage certificate was issued by a country other than Vietnam, the applicant must have it legalized/apostilled and translated via the appropriate Italian consular authority.
Without marriage registration, the birth certificate cannot be registered.
- If the parents are not married, the Italian parent must first formally acknowledge the child before the Consular Office in Hanoi. The acknowledgment document is then sent to the competent Italian Municipality along with the birth certificate for registration.
ADDITIONAL DOCUMENTS REQUIRED BY CASE:
CASE B) – Proof that ancestors held only Italian citizenship
The applicant must provide irrefutable evidence that the parent or grandparent did not and does not hold any other citizenship.
Acceptable documents include:
- Negative citizenship certificates;
- Official renunciation statements;
- Certificates of non-registration on foreign electoral rolls;
- Any official document proving exclusive Italian citizenship.
Personal self-declarations are not accepted.
CASE C) – Proof of Italian residence before birth
The parent’s residence must be proven by a:
- Historical residence certificate issued by the relevant Italian Municipality.
Only Italian citizen parents are considered for this purpose (foreign parents’ residence is not relevant). The residence must have been continuous for at least two years before the birth.
If the Italian parent gained citizenship after residing in Italy, the residence period still counts toward this requirement.
CATEGORY 2: CITIZENSHIP BY “BENEFIT OF LAW”
In two specific cases (Article 4, paragraph 1-bis of Law 91/1992 and Article 1, paragraph 1-ter of Decree-Law No. 36/2025), minor children born abroad to an Italian parent who does not automatically transmit citizenship may acquire Italian citizenship.
In these cases, the child does not acquire citizenship from birth, nor jure sanguinis.
According to Article 15 of Law 91/1992, citizenship is acquired from the day after the legal conditions are met.
➤ FIRST CASE (Art. 4, paragraph 1-bis, Law 91/1992)
Requirements (all must be met):
- One of the parents is an Italian citizen by birth
(Excludes those naturalized under Art. 9, those who acquired citizenship by marriage, re-acquisition, legal benefit, etc.). - Both parents (including the foreign one), or the legal guardian, must submit a formal declaration of intent to acquire Italian citizenship within one year of:
- the child’s birth, or
- the establishment of parentage with the Italian parent, or
- the adoption by the Italian citizen.
If both parents are Italian citizens by birth and parentage is recognized at different times, the one-year deadline starts from the first recognition.
If the first recognition is by a foreign parent or a non-birthright Italian citizen, the one-year deadline starts from the second parent’s recognition.
This declaration must be made in person at the Italian Embassy in Hanoi.
If parents declare separately in different dates, the law considers the declaration valid from the second parent’s declaration date.
If the child has only one legal parent or the other is deceased, only one declaration is sufficient.
➤ SECOND CASE (Art. 1, paragraph 1-ter, DL 36/2025)
Requirements (all must be met):
- The person must be a minor on May 24, 2025;
- The child must be of Italian parents by birth, and meet the requirements set out in letters a), a-bis), and b) of Article 3-bis of Law No. 91/1992.
In other words, the parents must be recognized as Italian citizens on the basis of an administrative or judicial application submitted by 11:59 p.m. (Rome time) on March 27, 2025, or on the basis of an application submitted following an appointment scheduled by the Consular Office or the Municipality by the same date.
The declaration by parents/guardian must be submitted to the Italian Embassy in Hanoi by May 31, 2026.
If the applicant becomes an adult in the meantime, they must personally submit the declaration by the same deadline.
Required documents include:
- Identity documents of both applicant and child;
- Proof of residence in the consular jurisdiction;
- Any documents required by the relevant declaration form.
AIRE-registered citizens in the consular jurisdiction may replace the parent’s Italian citizenship certificate with a self-declaration.
Administrative Fee (Art. 9-bis, Law 91/1992):
A fee of €250 per minor must be paid to the Ministry of the Interior by bank transfer:
Recipient: Ministero dell’Interno D.L.C.I Cittadinanza
Bank: Poste Italiane S.p.A.
IBAN: IT54D0760103200000000809020
SWIFT/BIC (for foreign transfers): BPPIITRRXXX
EUROGIRO BIC/SWIFT: PIBPITRA
Payment Reason: “Acquisto cittadinanza a seguito di dichiarazione ex art. 9-bis L. 91/1992 + name and surname of applicant”
Any additional bank fees are borne by the sender.