LAW 24/2008/QH12
November 13, 2008
ON VIETNAMESE
NATIONALITY
Pursuant to the 1992
Constitution of the Socialist Republic of Vietnam, which was amended and
supplemented under Resolution No. 51/2001/QH10;
The National Assembly promulgates the Law on Vietnamese Nationality.
Chapter I. GENERAL PROVISIONS
Article
1. Vietnamese
nationality
Vietnamese
nationality reflects the cohesive relationship between individuals and the
State of the Socialist Republic of Vietnam, giving rise to rights and
obligations of Vietnamese citizens toward the State and rights and
responsibilities of the State of the Socialist Republic of Vietnam toward
Vietnamese citizens.
Article
2. Rights
to nationality
1.
In the Socialist Republic of Vietnam, every individual is entitled to a
nationality. Vietnamese citizens will not be deprived of their Vietnamese
nationality, except for cases prescribed in Article 31 of this Law.
2.
The State of the Socialist Republic of Vietnam is a unified state of all ethnic
groups living in the Vietnamese territory; all members of ethnic groups are
equal in their right to have Vietnamese nationality.
Article
3. Interpretation
of terms
In
this Law, the terms below are construed as follows:
1.
ldquo;Foreign nationalityrdquo; is the nationality of a country other than the
Vietnamese nationality.
2.
ldquo;Stateless personrdquo; is a person who has neither Vietnamese nationality
nor foreign nationality.
3.
ldquo;Overseas Vietnameserdquo; are Vietnamese citizens and persons of
Vietnamese origin who permanently reside in foreign countries.
4.
ldquo;Persons of Vietnamese origin residing abroadrdquo; are Vietnamese people
who used to have Vietnamese nationality which had been determined at the time
of their birth on the consanguinity principle and their offsprings and
grandchildren are permanently residing in foreign countries.
5.
ldquo;Foreigners residing in Vietnamrdquo; are foreign nationals and stateless
persons who permanently or temporarily reside in Vietnam.
Article
4. The
nationality principle
The
State of the Socialist Republic of Vietnam recognizes that Vietnamese citizens
have a single nationality, Vietnamese nationality, unless it is otherwise
provided for by this Law.
Article
5. Relationships
between the State and citizens
1.
Persons who hold Vietnamese nationality are Vietnamese citizens.
2.
Vietnamese citizens have their citizen rights guaranteed by the State of the
Socialist Republic of Vietnam and have to fulfill their citizen obligations
toward the State and the society as prescribed by law.
3.
The State of the Socialist Republic of Vietnam adopts policies to create
conditions for Vietnamese citizens in foreign countries to enjoy their civic
rights and fulfill their civic obligations in conformity with the circumstance
of living away from the country.
4.
Rights and obligations of overseas Vietnamese citizens who also hold foreign
nationality comply with relevant laws.
Article
6. Protection
of Vietnamese citizens living abroad
The
State of the Socialist Republic of Vietnam protects lawful rights of Vietnamese
citizens living abroad.
Domestic
state agencies and overseas Vietnamese representative missions shall take all
necessary measures in accordance with laws of host countries and international
law and practice to effect such protection.
Article
7. Policies
toward persons of Vietnamese origin residing abroad
1.
The State of the Socialist Republic of Vietnam adopts policies to encourage and
create favorable conditions for persons of Vietnamese origin residing abroad to
maintain close relations with their families and homeland and contribute to the
building of their homeland and country.
2.
The State adopts policies to create favorable conditions for persons who have
lost their Vietnamese nationality to restore Vietnamese nationality.
Article
8. Restriction
of the situation of non-nationality
The
State of the Socialist Republic of Vietnam creates conditions for children born
in the Vietnamese territory to have a nationality and stateless persons
permanently residing in Vietnam to acquire Vietnamese nationality under this
Law.
Article
9. Retention
of nationality upon marriage, divorce or annulment of unlawful marriage
The
marriage, divorce or annulment of unlawful marriage between a Vietnamese
citizen and a foreigner does not alter Vietnamese nationality of the involved
parties as well as their minor children (if any).
Article
10. Retention
of nationality upon change of the spousersquo;s nationality
That
a husband or wife acquires, restores or loses his/her Vietnamese nationality
does not alter the nationality of his/her spouse.
Article 11. Papers
proving Vietnamese nationality
One
of the following papers can prove onersquo;s Vietnamese nationality:
1.
Birth certificate; in case the birth certificate does not clearly state the
Vietnamese nationality of the holder, papers proving his/her parentsrsquo;
Vietnamese nationality are required.
2.
Peoplersquo;s identity card;
3.
Vietnamese passport;
4.
Decision permitting the naturalization in Vietnam, decision permitting the
restoration of Vietnamese nationality, decision recognizing the adoption of a
foreign child, and decision permitting a foreigner to adopt a Vietnamese child.
Article
12. Settlement
of matters arising from the fact that a Vietnamese citizen concurrently holds a
foreign nationality
1.
Matters arising from the fact that a Vietnamese citizen concurrently holds a
foreign nationality shall be settled under treaties to which the Socialist
Republic of Vietnam is a contracting party; for case where no treaties are
available, these matters shall be settled according to international practice.
2.
Pursuant to this Law, the Government shall conclude, propose the conclusion of,
or decide on the accession to, treaties to settle matters arising from the fact
that a Vietnamese citizen concurrently holds a foreign nationality.
Chapter II. ACQUISITION OF VIETNAMESE
NATIONALITY
Section 1. GENERAL PROVISIONS
Article
13. Persons
having Vietnamese nationality
1.
Persons having Vietnamese nationality include those who have Vietnamese
nationality by the effective date of this Law and those who acquire Vietnamese
nationality under this Law.
2.
Overseas Vietnamese who have not yet lost Vietnamese nationality as prescribed
by Vietnamese law before the effective dale of this Law may retain their
Vietnamese nationality and within 5 years after the effective date of this Law,
shall make registration with overseas Vietnamese representative missions to
retain Vietnamese nationality.
The
Government shall specify the order of and procedures for registration for
retention of Vietnamese nationality.
Article
14. Grounds
for identification of persons having Vietnamese nationality
A
person is determined to have Vietnamese nationality on one of the following
grounds:
1.
By birth, as prescribed in Articles 15, 16 and 17 of this Law;
2.
Having been naturalized in Vietnam;
3.
Having Vietnamese nationality restored;
4.
On the grounds defined in Articles 18, 35 and 37 of this Law;
5.
On the grounds defined in treaties to which the Socialist Republic of Vietnam
is a contracting party.
Article
15. The
nationality of children whose parents are Vietnamese citizens
A
child born inside or outside the Vietnamese territory whose parents, at the
time of his/her birth, are both Vietnamese citizens has Vietnamese nationality.
Article
16. The
nationality of children either of whose parents is a Vietnamese citizen
1.
A child born inside or outside the Vietnamese territory either of whose parents
is a Vietnamese citizen and the other is a stateless person at the time of
his/her birth or whose mother, at the time of his/her birth, is a Vietnamese
citizen and whose father is unknown, has Vietnamese nationality.
2.
A child either of whose parents is a Vietnamese citizen at the time of his/her
birth and the other is a foreign national has the Vietnamese nationality if so
agreed in writing by his/her parents at the time of birth registration. In case
a child is born in the Vietnamese territory but his/her parents fail to reach
an agreement on the selection of his/her nationality, the child has Vietnamese
nationality.
Article
17. The
nationality of children whose parents are stateless persons
1.
A child born in the Vietnamese territory whose parents, at the time of his/her
birth, are both stateless persons with a permanent residence in Vietnam has
Vietnamese nationality.
2.
A child born in the Vietnamese territory whose mother, at the time of his/her
birth, is a stateless person with a permanent residence in Vietnam and whose
father is unknown, has Vietnamese nationality.
Article
18. The
nationality of abandoned newborns and children found in the Vietnamese
territory
1.
Abandoned newborns and children found in the Vietnamese territory whose parents
are unknown, have Vietnamese nationality.
2.
A child specified in Clause 1 of this Article who is aged under full 15 years
will no longer have Vietnamese nationality in the following cases:
a/
He/she has found his/her parents who hold single foreign nationality;
b/
He/she has found his/her mother or father who holds single foreign nationality.
Section 2. NATURALIZATION IN VIETNAM
Article
19. Conditions
for naturalization in Vietnam
1.
Foreign nationals and stateless persons permanently residing in Vietnam who
file applications for Vietnamese nationality may be permitted for
naturalization in Vietnam if they satisfy the following conditions:
a/
Having the full civil act capacity as prescribed by Vietnamrsquo;s laws;
b/
Obeying the Constitution and laws of Vietnam; respecting the traditions,
customs and practices of the Vietnamese nation;
c/
Understanding Vietnamese sufficiently enough to integrate themselves into the
Vietnamese community;
d/
Having resided in Vietnam for 5 years or more by the time of application for
naturalization;
e/
Being capable of making their livelihood in Vietnam.
2.
Those who apply for Vietnamese nationality may be permitted for naturalization
in Vietnam without having to fully meet the conditions prescribed at Points c,
d and e, Clause 1 of this Article if they fall into one of the following cases:
a/
Being spouses, natural parents or natural offsprings of Vietnamese citizens;
b/
Having made meritorious contributions to Vietnamrsquo;s national construction
and defense;
c/
Being helpful to the State of the Socialist Republic of Vietnam.
3.
Persons naturalized in Vietnam shall renounce their foreign nationality, except
for those defined in Clause 2 of this Article in special cases, if so permitted
by the President.
4.
Persons applying for Vietnamese nationality must have Vietnamese names. These
names may be selected by the applicants and written in the decisions on
naturalization in Vietnam.
5.
Persons applying for Vietnamese nationality may not be permitted for
naturalization if such naturalization is detrimental to Vietnamrsquo;s national
interests.
6.
The Government shall specify conditions for naturalization in Vietnam.
Article
20. Dossiers
of application for Vietnamese nationality
1.
A dossier of application for Vietnamese nationality comprises:
a/
An application for Vietnamese nationality;
b/
A copy of the birth certificate, passport or other substitute papers;
c/
A curriculum vitae;
d/
A judicial record issued by a competent Vietnamese authority for the period the
applicant resides in Vietnam and a judicial record issued by a competent
foreign authority for the period the applicant resides in the foreign country.
Judicial records must be issued within 90 days before the date of filing the
dossier;
e/
Papers proving his/her Vietnamese language skills;
f/
Papers proving his/her place and period of residence in Vietnam;
g/
Papers proving his/her ability to make livelihood in Vietnam.
2.
For persons exempt from several conditions on naturalization in Vietnam
specified in Clause 2, Article 19 of this Law, papers corresponding to exempted
conditions are not required.
3.
The Government shall specify papers in dossiers of application for Vietnamese
nationality.
Article
21. Order
of and procedures for processing of dossiers of application for Vietnamese
nationality
1.
A person applying for Vietnamese nationality shall file a dossier to the
provincial-level Justice Service of the locality where he/she resides. In case
the dossier is incomplete under Clause 1, Article 20 of this Law or invalid,
the provincial-level Justice Service shall immediately notify the applicant
thereof for supplementation arid completion of the dossier.
2.
Within 5 working days after the receipt of a complete and valid dossier, the
provincial-level Justice Service shall send to the provincial-level Public
Security Department a request for verification of the applicantrsquo;s
identity.
Within
30 days after the receipt of a request from the provincial-level Justice
Service, the provincial-level Public Security Department shall conduct
verification and send verification results to the provincial-level Justice
Service. During this period, the provincial-level Justice Service shall examine
papers in the dossier of application for Vietnamese nationality.
Within
10 working days after the receipt of verification results, the provincial-level
Justice Service shall complete the dossier for submission to the
provincial-level Peoplersquo;s Committee president.
Within
10 working days after the receipt of a request from the provincial-level
Justice Service, the provincial-level Peoplersquo;s Committee president shall
consider, make conclusion and send his/her proposal to the Ministry of Justice.
3.
Within 20 working days after the receipt of the proposal from the
provincial-level Peoplersquo;s Committee president, the Ministry of Justice
shall re-examine the dossier, if finding that all conditions for naturalization
in Vietnam are met, the Ministry shall send a written notification to the
applicant for carrying out procedures to renounce his/her foreign nationality,
except the case in which the applicant wishes to retain his/her foreign
nationality or is a stateless person. Within 10 working days after the receipt
of a written permission for the applicant to renounce his/her foreign
nationality, the Minister of Justice shall report the case to the Prime
Minister for submission to the President for consideration and decision.
In
case the applicant wishes to retain his/her foreign nationality or is a
stateless person, within 20 days after the receipt of the proposal from the
provincial-level Peoplersquo;s Committee president, the Ministry of Justice
shall re-examine the dossier, if finding that the applicant is eligible for
naturalization in Vietnam, the Ministry shall report the case to the Prime
Minister for submission to the President for consideration and decision.
4.
The President shall consider and make decision within 30 working days after the
receipt of the Prime Ministerrsquo;s proposal.
Article
22. Order
of, procedures for, and dossiers of application for naturalization in Vietnam
applicable to stateless persons permanently residing in Vietnam
Stateless
persons who do not have adequate personal identification papers but have been
stably residing in the Vietnamese territory for 20 years or more by the
effective date of this Law and obey Vietnamrsquo;s Constitution and laws will
be permitted for naturalization in Vietnam under the order, procedures and
dossiers specified by the Government.
Section 3. RESTORATION OF VIETNAMESE
NATIONALITY
Article
23. Cases
in which restoration of Vietnamese nationality is permitted
1.
A person who has lost his/her Vietnamese nationality as prescribed in Article
26 of this Law and applies for restoration of Vietnamese nationality may
restore his/her Vietnamese nationality, if he/she falls into any of the
following cases:
a/
Having applied for permission to return to Vietnam;
b/
His/her spouse, a natural parent or a natural offspring is a Vietnamese
citizen;
c/
Having made meritorious contributions to Vietnamrsquo;s national construction
and defense;
d/
Being helpful to the State of the Socialist Republic of Vietnam;
e/
Conducting investment activities in Vietnam;
f/
Having renounced Vietnamese nationality for acquisition of a foreign
nationality but failing to obtain permission to acquire the foreign
nationality.
2.
Persons applying for restoration of Vietnamese nationality may not restore
Vietnamese nationality, if such restoration is detrimental to Vietnamrsquo;s
national interests.
3.
A person who has been deprived of his/her Vietnamese nationality may only be
considered for restoration of Vietnamese nationality for at least 5 years after
the date he/she is deprived of Vietnamese nationality.
4.
Persons applying for restoration of Vietnamese nationality shall use their
previous Vietnamese names, which must be written in the decisions permitting
the restoration of Vietnamese nationality.
5.
Persons permitted to restore Vietnamese nationality shall renounce their
foreign nationality, except for the following persons in special cases, if so
permitted by the President, who:
a/
Are spouses, natural parents or natural offsprings of Vietnamese citizens;
b/
Have made meritorious contributions to Vietnamrsquo;s national construction and
defense;
c/
Are helpful to the State of the Socialist Republic of Vietnam.
6.
The Government shall specify conditions on restoration of Vietnamese nationality.
Article
24. Dossiers
of application for restoration of Vietnamese nationality
1.
A dossier of application for restoration of Vietnamese nationality comprises:
a/
An application for restoration of Vietnamese nationality;
b/
A copy of the birth certificate, passport or other valid substitute papers;
c/
A curriculum vitae;
d/
A judicial record, issued by a competent Vietnamese authority for the period
the applicant resides in Vietnam, or a judicial record, issued by a competent
foreign authority for the period the applicant resides in the foreign country.
Judicial records must be issued within 90 days before the day of submission of
the dossier;
e/
Papers proving that the applicant is a former Vietnamese national;
f/
Papers proving the eligibility for restoration of Vietnamese nationality
prescribed in Clause 1, Article 23 of this Law.
2.
The Government shall specify papers in dossiers of application for restoration
of Vietnamese nationality.
Article
25. Order
of and procedures for processing dossiers of application for restoration of
Vietnamese nationality
1.
If the person applying for restoration of Vietnamese nationality resides in
Vietnam, he/she shall file the dossier to the provincial-level Justice Service
in the locality where he/she resides, if residing abroad, he/she shall file the
dossier to the overseas Vietnamese representative mission in the host country.
In case the dossier is incomplete under Article 24 of this Law or invalid, the
dossier-receiving agency shall immediately notify the applicant thereof for
supplementation or completion of the dossier.
2.
Within 5 working days after the receipt of a complete and valid dossier, the
provincial-level Justice Service shall send to the provincial-level Public
Security Department a written request for verification of the applicantrsquo;s
identity.
Within
20 days after the receipt of the provincial-level Justice Servicersquo;s
request, the provincial-level Public Security Department shall conduct
verification and send verification results to the provincial-level Justice
Service. During this period, the provincial-level Justice Service shall examine
papers in the dossier of application for restoration of Vietnamese nationality.
Within
5 working days after the receipt of verification results, the provincial-level
Justice Service shall complete the dossier for submission to the
provincial-level Peoplersquo;s Committee president.
Within
5 working days after the receipt of the provincial-level Justice Servicersquo;s
proposal, the provincial-level Peoplersquo;s Committee president shall consider
the dossier, make conclusion and send his/ her opinion to the Ministry of
Justice.
3.
Within 20 days after the receipt of a valid and complete dossier, the overseas
Vietnamese representative mission shall verify and transfer the dossier,
together with its opinions on the restoration of Vietnamese nationality, to the
Ministry of Foreign Affairs for forwarding to the Ministry of Justice.
In
case of necessity, the Ministry of Justice may request the Ministry of Public
Security to verify the applicantrsquo;s identity.
4.
Within 20 days after the receipt of the written proposal of the
provincial-level Peoplersquo;s Committee president or the overseas Vietnamese
representative mission, the Ministry of Justice shall re-examine the dossier,
if finding that the applicant is eligible for restoration of Vietnamese
nationality, it shall send a written notification to the applicant for carrying
out procedures to renounce his/her foreign nationality, unless the applicant
wishes to retain his/her foreign nationality or is a stateless person.
Within
10 working days after the receipt of the certificate of the applicantrsquo;s
renunciation of his/her foreign nationality, the Minister of Justice shall
report the case to the Prime Minister for submission to the President for
consideration and decision.
In
case the person applying for restoration of Vietnamese nationality wishes to
retain his/her foreign nationality or is a stateless person, within 15 days
after the receipt of the proposal of the provincial-level Peoplersquo;s
Committee president or the overseas Vietnamese representative mission, the
Ministry of Justice shall re-examine the dossier, if finding that the applicant
is eligible for restoration of Vietnamese nationality, it shall report the case
to the Prime Minister for submission to the President for consideration and
decision.
5.
The President shall consider and make decision within 20 days after the receipt
of the Prime Ministerrsquo;s proposal.
Chapter III. LOSS OF VIETNAMESE NATIONALITY
Section 1. GENERAL PROVISIONS
Article
26. Grounds
for loss of Vietnamese nationality
1.
Being permitted to renounce Vietnamese nationality.
2.
Being deprived of Vietnamese nationality.
3.
Failing to register for retention of Vietnamese nationality as prescribed in
Clause 2, Article 13 of this Law.
4.
Falling into cases specified in Clause 2, Article 18, and Article 35 of this
Law.
5.
Falling into cases specified in treaties to which the Socialist Republic of
Vietnam is a contracting party.
Section 2. RENUNCIATION OF VIETNAMESE
NATIONALITY
Article
27. Grounds
for renunciation of Vietnamese nationality
1.
A Vietnamese citizen who files an application for renunciation of Vietnamese
nationality to acquire a foreign nationality may be permitted to renounce
Vietnamese nationality.
2.
A person applying for renunciation of Vietnamese nationality may not renounce
Vietnamese nationality if he/she falls into any of the following cases:
a/
Owing tax debts to the State or having a property obligation toward an agency,
organization or individual in Vietnam;
b/
Being examined for penal liability;
c/
Serving a Vietnamese courtrsquo;s judgment or ruling;
d/
Being kept in detention pending judgment enforcement;
e/
Serving a decision on application of the administrative handling measure of
confinement to an education establishment, a medical treatment establishment or
a reformatory.
3.
A person applying for renunciation of Vietnamese nationality may not renounce
Vietnamese nationality if such renunciation is detrimental to Vietnamrsquo;s
national interests.
4.
Cadres, civil servants and those who are serving in Vietnamese peoplersquo;s
armed forces may not renounce Vietnamese nationality.
5.
The Government shall specify conditions for renunciation of Vietnamese
nationality.
Article
28. Dossiers
of application for renunciation of Vietnamese nationality
1.
A dossier of application for renunciation of Vietnamese nationality comprises:
a/
An application for renunciation of Vietnamese nationality;
b/
A curriculum vitae;
c/
A copy of the Vietnamese passport, identity card or other papers specified in
Article 11 of this Law;
d/
A judicial record issued by a competent Vietnamese authority. Judicial records
must be issued within 90 days before the date of filing the dossier;
e/
Papers proving that the applicant is carrying out procedures for acquisition of
foreign nationality, except cases in which the laws of that country do not
provide for the issuance of these papers.
f/
The written certification of clearance of tax debts, issued by the Tax
Department of the locality where the applicant resides;
g/
Those who used to be cadres, civil servants or employees or used to serve in
Vietnamese peoplersquo;s armed forces and have retired, stopped working, been
dismissed, removed from office or relieved from post or demobilized for not
more than 5 years, are also required to submit documents of the agencies,
organizations or units which have issued the decisions on their retirement,
dismissal, removal from office or relief from post or demobilization,
certifying that their renunciation of Vietnamese nationality is not detrimental
to Vietnamrsquo;s national interests.
2.
Vietnamese citizens who do not permanently reside in Vietnam are not required
to submit papers specified at Points d, f and g, Clause 1 of this Article.
3.
The Government shall specify papers in the dossiers of application for
renunciation of Vietnamese nationality.
Article
29. Order
of and procedures for processing of dossiers of application for renunciation of
Vietnamese nationality
1.
If the person applying for renunciation of Vietnamese nationality resides in
Vietnam, he/she shall file the dossier to the provincial-level Justice Service
of the locality where he/she resides; if residing abroad, he/she shall file the
dossier to the Vietnamese representative mission in the host country. In case
the dossier is incomplete under Article 28 of this Law or invalid, the
dossier-receiving agency shall immediately notify the applicant thereof for
supplementation or completion of the dossier.
2.
In case the person applying for renunciation of Vietnamese nationality resides
in Vietnam, within 5 working days after the receipt of a complete and valid
dossier, the provincial-level Justice Service shall publish an announcement on
the application for renunciation of Vietnamese nationality on three consecutive
issues of a local printed or online newspaper and forward this announcement to
the Justice Ministry for posting on the latterrsquo;s website; in case the
applicant resides abroad, within 5 working days after the receipt of a complete
and valid dossier, the overseas Vietnamese representative mission shall publish
the announcement on its website.
Announcements
must be posted on websites for at least 30 days.
3.
Within 5 working days after the receipt of a complete and valid dossier, the
provincial-level Justice Service shall send to the provincial-level Public
Security Department a written request for verification of the applicantrsquo;s
identity.
Within
20 days after the receipt of the provincial-level Justice Servicersquo;s
request, the provincial-level Public Security Department shall conduct
verification and send verification results to the provincial-level Justice
Service. During this period, the provincial-level Justice Service shall examine
papers in the dossier of application for renunciation of Vietnamese
nationality.
Within
5 working days after the receipt of verification results, the provincial-level
Justice Service shall complete the dossier for submission to the
provincial-level Peoplersquo;s Committee president.
Within
5 working days after the receipt of the proposal of the provincial-level
Justice Service, the provincial-level Peoplersquo;s Committee president shall
consider, make conclusion and send his/her opinion to the Ministry of Justice.
4.
Within 20 days after the receipt of a complete and valid dossier, the overseas
Vietnamese representative mission shall examine and transfer the dossier,
together with its opinion on the renunciation of Vietnamese nationality to the
Ministry of Foreign Affairs for forwarding to the Ministry of Justice.
In
case of necessity, the Ministry of Justice may request the Ministry of Public
Security to verify the applicantrsquo;s identity.
5.
Within 20 days after the receipt of the proposal of the provincial-level
Peoplersquo;s Committee president or the overseas Vietnamese representative
mission, the Ministry of Justice shall re-examine the dossier, if finding that
the applicant is eligible for renunciation of Vietnamese nationality, the
Ministry shall report the case to the Prime Minister for submission to the
President for consideration and decision.
6.
The President shall consider and make decision within 20 days after the receipt
of the Prime Ministerrsquo;s proposal.
Article
30. Exemption
from carrying out procedures for personal identity verification
The
dossiers of application for renunciation of Vietnamese nationality of persons
falling into any of the following cases are not required to go through the step
of personal identity verification:
1.
Those who are aged under 14 years;
2.
Those who were born and settle abroad;
3.
Those who have settled in a foreign country for 10 years or more;
4.
Those who were permitted to leave Vietnam for family reunion.
Section 3. DEPRIVATION OF VIETNAMESE
NATIONALITY
Article
31. Grounds
for deprivation of Vietnamese nationality
1.
Vietnamese citizens residing abroad may be deprived of Vietnamese nationality
if they commit acts that cause serious harms to the national independence,
national construction and defense or the prestige of the Socialist Republic of
Vietnam.
2.
Persons who have been naturalized in Vietnam under Article 19 of this Law,
regardless of whether they reside inside or outside the Vietnamese territory,
may be deprived of Vietnamese nationality, if they commit acts specified in
Clause 1 of this Article.
Article
32. Order
of and procedures for deprivation of Vietnamese nationality
1.
Within 15 days after the date of detecting or receiving a complaint or
denunciation about an act prescribed in Clause 1, Article 31 of this Law, the
provincial-level Peoplersquo;s Committee or overseas Vietnamese representative
mission shall conduct verification, if obtaining sufficient grounds, it shall
compile a dossier to propose the President to deprive the person committing
such act of his/her Vietnamese nationality.
Courts
which have adjudicated persons committing acts defined in Clause 1 of this
Article shall compile a dossier to propose the President to deprive these
persons of their Vietnamese nationality.
The
Government shall specify papers in the dossiers of proposal for deprivation of
Vietnamese nationality.
2.
Dossiers of proposal for deprivation of Vietnamese nationality shall be sent to
the Ministry of Justice. Within 30 days after the receipt of a dossier from the
provincial-level Peoplersquo;s Committee, overseas Vietnamese representative
mission or court, the Ministry of Justice shall assume the prime responsibility
for, and coordinate with the Ministry of Public Security, the Ministry of
Foreign Affairs and other relevant ministries and branches in, examining the
dossier of proposal for deprivation of Vietnamese nationality and report the
case to the Prime Minister for submission to the President for consideration
and decision.
3.
The President shall consider and make decision within 20 days after the receipt
of the Prime Ministerrsquo;s proposal.
Section 4. ANNULMENT OF DECISIONS ON THE GRANT
OF VIETNAMESE NATIONALITY
Article
33. Grounds
for annulment of decisions on the grant of Vietnamese nationality
1.
In case a person who has been naturalized in Vietnam under Article 19 of this
Law, regardless of whether he/she resides inside or outside the Vietnamese
territory, has intentionally made false declarations or forged papers in
applying for Vietnamese nationality, the decision on the grant of Vietnamese
nationality may be annulled, if such decision has been issued for 5 years or
less.
2.
The annulment of decisions on the grant of Vietnamese nationality of a person
will not alter the nationality of his/her spouse.
Article
34. Order
of and procedures for annulment of decisions on the grant of Vietnamese
nationality
1.
Within 15 days after the day of detecting or receiving a complaint or
denunciation about acts specified in Clause 1, Article 33 of this Law, the
provincial-level Peoplersquo;s Committee shall conduct verification, if
obtaining sufficient grounds, it shall compile a dossier to propose the
President to annul the decision on the grant of Vietnamese nationality to the
person committing such an act.
Courts
which have adjudicated persons committing acts defined in Clause 1, Article 33
of this Law shall compile dossiers to propose the State President to annul the
decision on the grant of Vietnamese nationality to the convicted persons.
The
Government shall specify papers in the dossiers of proposal for annulment of
decisions on the grant of Vietnamese nationality.
2.
Dossiers of proposal for annulment of decisions on the grant of Vietnamese
nationality shall be sent to the Ministry of Justice.
Within
15 days after the receipt of a proposal dossier from the provincial-level
Peoplersquo;s Committee or court, the Ministry of Justice shall examine the
dossier and report the case to the Prime Minister for submission to the
President for consideration and decision.
3.
The President shall consider and make decision within 20 days after the receipt
of the Prime Ministerrsquo;s proposal.
Chapter IV. CHANGE OF NATIONALITY OF MINORS
AND ADOPTED CHILDREN
Article
35. Nationality
of minor children upon their parentsrsquo; naturalization in Vietnam,
restoration or renunciation of Vietnamese nationality
1.
When the nationality of the parents changes as a results of naturalization in
Vietnam, restoration or renunciation of Vietnamese nationality, the nationality
of the minor child who is living with his/her parents will be changed
accordingly.
2.
When only one parent is permitted for naturalization in Vietnam, restoration or
renunciation of Vietnamese nationality, the minor child who is living with that
person will acquire Vietnamese nationality or lose his/her Vietnamese
nationality, if so agreed in writing by his/her parents.
In
case a parent is permitted for naturalization in Vietnam or restoration of
Vietnamese nationality, the minor child who is living with that person will
also acquire Vietnamese nationality, if his/her parents fail to reach a written
agreement on the retention of their childrsquo;s foreign nationality.
3.
Change of the nationality of persons aged between full 15 and under 18 years
under Clauses 1 and 2, this Article, is subject to these personsrsquo; consent.
Article
36. Nationality
of minor children whose parents are deprived of Vietnamese nationality or have
their decisions on the grant of Vietnamese nationality annulled
The
nationality of a minor child will not change when both of his/her parents are
or either of them is deprived of Vietnamese nationality or the decision on the
grant of Vietnamese nationality is annulled.
Article
37. Nationality
of adopted minor children
1.
A child who is a Vietnamese citizen and adopted by a foreigner will retain
his/her Vietnamese nationality.
2.
A child who is a foreign national and adopted by a Vietnamese citizen will
acquire Vietnamese nationality from the date a competent Vietnamese agency
approves the adoption.
3.
A child who is a foreign national and adopted by parents one of whom is a
Vietnamese citizen and the other is a foreign national may be permitted for
naturalization in Vietnam according to the application for Vietnamese
nationality filed by his/ her adoptive parents and is exempt from conditions
prescribed in Clause 1, Article 19 of this Law.
4.
Change of the nationality of adopted children aged between full 15 and under 18
years is subject to these personsrsquo; consent.
Chapter V. RESPONSIBILITIES OF STATE AGENCIES
FOR NATIONALITY
Article
38. Tasks
and powers of the President for nationality
1.
To decide on the grant, restoration, renunciation and deprivation of Vietnamese
nationality and annulment of decisions on the grant of Vietnamese nationality.
2.
To decide on the negotiation and conclusion of nationality treaties under this
Law and the Law on Conclusion of, Accession to and Implementation of Treaties.
Article
39. Responsibilities
of the Government for nationality
1.
To perform the unified state management of nationality.
2.
To negotiate and conclude nationality treaties or propose the State President
to decide on the negotiation and conclusion of nationality treaties according
to this Law and the Law on Conclusion of, Accession to and Implementation of
Treaties.
3.
To direct the nationality law dissemination and education.
4.
To provide for the rates of charges and fees for settlement of
nationality-related matters.
5.
To inspect and examine the observance of the nationality law.
6.
To enter into international cooperation on nationality.
Article
40. Responsibilities
of ministries, ministerial-level agencies, provincial-level Peoplersquo;s
Committees and overseas Vietnamese representative missions
1.
The Ministry of Justice shall take responsibility before the Government for the
performance of the state management of nationality, promulgate forms of papers
required for settlement of nationality-related matters, make state statistics
of nationality-related matters already settled for reporting to the Prime
Minister for submission to the President.
2.
The Ministry of Foreign Affairs shall coordinate with the Ministry of Justice
in guiding overseas Vietnamese representative missions to settle
nationality-related matters, make state statistics on nationality-related
matters settled by overseas Vietnamese representative missions for reporting to
the Ministry of Justice.
3.
Ministries and ministerial-level agencies shall, within the scope of their
tasks and powers, coordinate with the Ministry of Justice in performing the
state management of nationality.
4.
Provincial-level Peoplersquo;s Committees shall consider and propose their
opinions on cases of application for naturalization in Vietnam, restoration of
Vietnamese nationality, renunciation of Vietnamese nationality, deprivation of
Vietnamese nationality and annulment of decisions on the grant of Vietnamese
nationality under this Law; and annually, make statistics on Vietnamese
nationality-related matters already settled for reporting to the Ministry of
Justice.
5.
Overseas Vietnamese representative missions shall consider and propose their
opinions on cases of application for restoration, renunciation and deprivation
of Vietnamese nationality; and annually, make statistics on Vietnamese nationality-related
matters already settled for reporting to the Ministry of Foreign Affairs and
the Ministry of Justice.
Article
41. Announcement
and publicization of results of settlement of nationality-related matters
The
Ministry of Justice shall notify applicants for naturalization in Vietnam,
restoration or renunciation of Vietnamese nationality and persons deprived of
their Vietnamese nationality or have their decisions on the grant of Vietnamese
nationality annulled of the results of settlement of nationality-related
matters and publicize the results on the Justice Ministryrsquo;s website.
The
President Office shall send to the CONG BAO of the Socialist Republic of
Vietnam decisions on the grant of, restoration, renunciation, deprivation of
Vietnamese nationality and decisions annulling decisions on the grant of
Vietnamese nationality.
Chapter VI. IMPLEMENTATION PROVISIONS
Article
42. Transitional
provisions
From
the effective date of this Law, dossiers of nationality-related matters already
received shall still be processed under the 1998 Law on Vietnamese Nationality
and its detailing and guiding documents.
Article
43. Effect
This
Law takes effect on July 1, 2009.
This
Law replaces the May 20, 1998 Law on Vietnamese Nationality.
Article
44. Implementation
detailing and guidance
The
Government shall detail and guide the implementation of articles and clauses of
the Law as assigned; and guides other necessary provisions of the Law in order
to meet state management requirements.
This
Law was passed on November 13, 2008, by the 12th nbsp;National
Assembly of the Socialist Republic of Vietnam at its 4th session.
