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THE
NATIONAL ASSEMBLY
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
07/1998/QH10
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Hanoi,
May 20, 1998
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LAW
ON VIETNAMESE NATIONALITY OF 20 MAY 1998
The Vietnamese nationality
reflects the cohesive relationship between individuals and the State of
Socialist Republic of Vietnam, giving rise to the rights and obligations of
Vietnamese citizens toward the State and the rights and responsibilities of the
State of Socialist Republic of Vietnam toward the Vietnamese citizens;
In order to uphold the honor and the sense of responsibility of the Vietnamese
citizens in enjoying citizen rights and performing citizen obligations, to
inherit and promote the tradition of solidarity and patriotism of the
Vietnamese nation, to enhance the cohesion between the State of the Socialist
Republic of Vietnam and every Vietnamese, regardless of whether they reside in
the country or abroad, for the cause of a prosperous people, a strong country
and an equitable and civilize society;
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam;
This Law stipulates the Vietnamese nationality,
Chapter I
GENERAL PROVISIONS
Article 1.-
The right to nationality
1.In the Socialist Republic of
Vietnam, each individual is entitled to have a nationality. Not any Vietnamese
citizen is deprived of his/her Vietnamese nationality, except for the cases
prescribed in Article 25 of this Law.
2.The State of the Socialist
Republic of Vietnam is a unified State of all ethnic groups living on the
Vietnamese territory; all members of all ethnic groups are equal in their right
to have the Vietnamese nationality.
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In this Law, the following terms
shall be construed as follows;
1.”Foreign nationality“ is the
nationality of a country other than the Socialist Republic of Vietnam.
2.”Stateless persons“ are those
who have neither Vietnamese nationality nor foreign nationality.
3.”Vietnamese living abroad“ are
Vietnamese citizens and people of Vietnamese origin who permanently or
temporarily reside in foreign countries.
4.”Vietnamese residing abroad“
are Vietnamese citizens and people of Vietnamese origin, who permanently reside
and earn their living in foreign countries.
5.”Foreigners residing in Vietnam“
are foreign nationals and stateless persons who permanently or temporarily
reside in Vietnam.
6.”Foreigners permanently
residing in Vietnam“ are foreign nationals and stateless persons who
permanently reside and earn their living in Vietnam.
7.”Extradition“ is the hand-over
by one country to another country of a person committing a criminal act or
convicted of criminal offense for which the sentence has already taken legal
effect, who is present on the former's territory, so that the latter shall
examine such individual for penal liability or impose penalty against him/her.
8.”Deprivation of nationality“
is a citizen’s loss of nationality under a coercive decision by the competent
State agency.
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The State of the Socialist
Republic of Vietnam recognizes that the Vietnamese citizens have only one
nationality; the Vietnamese nationality.
Article 4.-
The relationship between the State and its citizens
1. Persons who hold Vietnamese
nationality are citizens of the Socialist Republic of Vietnam (hereafter
referred to as Vietnamese citizens).
2. Vietnamese citizens shall
have their citizen rights guaranteed by the State of the Socialist Republic of
Vietnam and shall have to fulfill their citizen obligations toward the State
and society as provided for by law.
The State of the Socialist
Republic of Vietnam shall not extradite Vietnamese citizens to other countries.
Article 5.-
The protection of Vietnamese living abroad
The State of the Socialist
Republic of Vietnam shall protect the legitimate rights of Vietnamese living
abroad.
The State agencies in the
country, the diplomatic missions and consular offices of Vietnam in foreign
countries shall have to take all necessary measures in accordance with the laws
of such countries, the international law and practice to effect such
protection.
Article 6.-
The policies toward people of Vietnamese origin in foreign countries
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2. The State shall adopt
policies to create favorable to create favorable conditions for persons who
have lost their Vietnamese nationality to have it restored.
Article 7.-
The policies toward Vietnamese citizens living in foreign countries
The State of the Socialist Republic
of Vietnam shall adopt policies to enable Vietnamese citizens living in foreign
countries to enjoy their citizen rights and perform their citizen obligations
in a way suitable to their circumstance of living away from the homeland.
Article 8.-
Limiting the non-nationality status
The State of the Socialist
Republic of Vietnam creates conditions for all children born on the Vietnamese
territory to have nationality and for stateless persons permanently residing in
Vietnam to be granted the Vietnamese nationality under the provisions of this
Law.
Article 9.-
Retention of nationality in cases of marriage, divorce or annulment of unlawful
marriage.
The marriage, divorce or
annulment of unlawful marriage between a Vietnamese citizen and a foreigner
shall not alter the Vietnamese nationality of the involved party as well as
their minor children.
Article
10.- Retention of nationality in cases of change to the nationality of a
husband or a wife.
That a husband or a wife is
granted or loses his or her Vietnamese nationality shall not alter the
nationality of his/her spouse.
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The following papers shall serve
as grounds to prove one’s Vietnamese nationality:
1. A certificate of Vietnamese
nationality; a decision on naturalization in Vietnam, a decision on Vietnamese
nationality restoration, a Vietnamese identity card or passport;
2. His/her birth certificate
enclosed with papers proving the Vietnamese nationality of his/her parents, in
case of the absence of the papers defined in Point 1 of this Article;
3. Other papers prescribed by
the Government.
Article
12.- The State management over nationality
The contents of State management
over Vietnamese nationality shall include:
1. Promulgating, guiding and
organizing the implementation of legal documents on Vietnamese nationality;
formulating policies on Vietnamese nationality;
2. Deciding the naturalization
in Vietnam, restoration, relinquishment and deprivation of Vietnamese
nationality;
3. Granting Vietnamese nationality
certificates, and certificates of loss of Vietnamese nationality;
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5. Supervising and inspecting
the observance of the legislation on Vietnamese nationality;
6. Settling complaints and
denunciations about Vietnamese nationality;
7. Establishing international
cooperation in the field of nationality.
Article
13.- The application of international treaties
In cases where an international
treaty which the Socialist Republic of Vietnam has signed or acceded to
contains provisions contrary to this Law, the provisions of such international
treaty shall apply.
Chapter II
HOLDING OF VIETNAMESE
NATIONALITY
Article
14.- Persons holding Vietnamese nationality
Vietnamese nationality holders
include those who have been holding Vietnamese nationality up to the effective
date of this Law and those who hold Vietnamese nationality under this Law.
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A person is determined to have Vietnamese
nationality when there exists one of the following grounds:
1. By birth, as defined in
Articles 16, 17 and 18 of this Law;
2. Being naturalized in Vietnam;
3. Having Vietnamese nationality
restored;
4. Under the international
treaties which the Socialist Republic of Vietnam has signed or acceded to;
5. Other grounds defined in
Articles 19, 28 and 30 of this Law.
Article
16.- The nationality of children born to parents who are Vietnamese citizens
A child born to parents, both of
whom are Vietnamese citizens, shall hold Vietnamese nationality, regardless of
whether the child was born inside or outside the Vietnamese territory.
Article
17.- The nationality of a child born to parents, one of whom is a Vietnamese
citizen
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2. A child born to parents, one
of whom is a Vietnamese citizen and the other is a foreign national, shall hold
Vietnamese nationality, if so agreed in writing by his/her parents at the time
of registration of their child’s birth.
Article
18.- The nationality of a child born to parents who are both stateless persons
1. A child born on the
Vietnamese territory and whose parents, at the time of his/her birth, are both
stateless persons who have a permanent residence in Vietnam, shall hold
Vietnamese nationality.
2. A child on the Vietnamese
territory whose mother, at the time of his/her birth, is a stateless person
having a permanent residence in Vietnam, and whose father is unknown, shall
hold Vietnamese nationality.
Article
19.- The nationality of newborn who is abandoned or found on the Vietnamese
territory
1. A newborn abandoned or found
on the Vietnamese territory whose parents are unknown, shall hold Vietnamese
nationality.
2. In cases where a person
mentioned in Clause 1 of this Article who is under 15 years old has found
his/her parents who both hold foreign nationality or one of whom holds foreign
nationality, or his/her guardian holds foreign nationality, he/she shall no
longer hold Vietnamese nationality; for a person who is full 15 years of age
but under full eighteen years of age, his/her written consent is required.
Article
20.- Granting of Vietnamese nationality
1. Foreign nationality and
stateless persons who are residing in Vietnam and apply for the Vietnamese
nationality, may be granted Vietnamese nationality if they fully meet the
following conditions:
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b/ Abiding by the Constitution
and laws of Vietnam; respecting the traditions, customs and practices of the
Vietnamese people;
c/ Knowing the Vietnamese
language sufficiently enough to integrate themselves into the social community
of Vietnam;
d/ Having resided in Vietnam for
five years or more;
dd/ Being capable of ensuring
their living in Vietnam.
2. Foreign nationals and
stateless persons may be granted Vietnamese nationality without having to fully
meet the conditions prescribed in Points c, d and e, Clause 1 of this Article,
if they fall into one of the following cases;
a/ Being spouses, offspring or
parents of Vietnamese citizens;
b/ Having made meritorious
contributions to the cause of building and defending the Vietnamese fatherland;
c/Being helpful to the State of
the Socialist Republic of Vietnam.
3. Foreign nationals naturalized
in Vietnam shall not retain their foreign nationality, except for special cases
which shall be decided by the State President.
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The Government shall stipulate
the procedures and order for handling applications of Vietnamese nationality.
Article
21.- The restoration of Vietnamese nationality
1. A person who has lost his/her
Vietnamese nationality under Article 23 of this Law and now applies for the
restoration of Vietnamese nationality, may have his/her Vietnamese nationality
restored, if he/she falls into one of the following cases;
a/ Applying for repatriation to
Vietnam;
b/ His/her spouse, offspring(s),
mother or father being Vietnamese citizen(s);
c/ Having made meritorious
contributions to the cause of building and defending the Vietnamese fatherland;
d/ Being beneficial to the State
of the Socialist Republic of Vietnam.
2. Persons applying for the
restoration of Vietnamese nationality shall not have Vietnamese nationality
restored, if such restoration is detrimental to Vietnam’s nationality
interests.
The Government shall stipulate
the procedures and order for handling applications for restoration of
Vietnamese nationality.
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1. Vietnamese citizens shall
have the right to request the Vietnamese competent agency(ies) defined in
Articles 35 and 36 of this Law to grant them certificates of Vietnamese
nationality.
2. Certificates of Vietnamese
nationality shall be granted to those who have filed applications therefor and
can prove that they hold Vietnamese nationality.
The Government shall stipulates
the procedures and order for granting certificates of Vietnamese nationality.
Chapter
III
LOSS OF VIETNAMESE
NATIONALITY
Article
23.- Loss of Vietnamese nationality
A Vietnamese citizen shall lose
his/her Vietnamese nationality in the following cases:
1. Being permitted to relinquish
his/her Vietnamese nationality;
2. Being deprived of his/her
Vietnamese nationality.
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4 Other cases defined in
Clause 2 of Article 19, Article 26 and Article 28 of this Law.
Article
24.- Relinquishment of Vietnamese nationality
1. A Vietnamese citizen who
files application for the relinquishment of Vietnamese nationality so as to be
granted nationality of a foreign country may be permitted to relinquish his/her
Vietnamese nationality.
2. A person applying for the
relinquishment of Vietnamese nationality shall not be permitted to relinquish
his/her Vietnamese nationality if he/she falls under one of the following
cases;
a/ He/she is owing tax debts to
the State or a property obligation to a Vietnamese agency organization or
citizen;
b/ He/she is being examined for
penal liability;
c/ He/she has not yet completely
served Vietnamese court’s sentence(s)and/or decisions(s) against him/her.
3. Persons applying of the relinquishment
of Vietnamese nationality shall not be permitted to relinquish their Vietnamese
nationality if such relinquishment is detrimental to Vietnam’s national
interests.
4. State officials and employees
and those who are serving in the people’s armed forces shall not be permitted
to relinquish their Vietnamese nationality.
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Article
25.- The deprivation of Vietnamese nationality
1. Vietnamese citizens residing
abroad may be deprived of Vietnamese nationality if they take acts that cause
serious harms to the national independence, the cause of building and defending
the Vietnamese fatherland or to the prestige of the Socialist Republic of
Vietnam.
2. Persons who have been granted
with Vietnamese nationality in accordance with Article 20 of this Law,
regardless of whether they reside inside or outside the Vietnamese territory,
may be deprived of Vietnamese nationality if they commit acts prescribed in
Clause 1 of this Article.
Article
26.- Annulment of decisions on granting Vietnamese nationality
1. In cases where a person who
has been granted the Vietnamese nationality in accordance with Article 20 of
this Law, regardless of whether he/she resides inside or outside the Vietnamese
territory, intentionally made false declaration or falsified papers when
applying for Vietnamese nationality, the decision on naturalization shall be
annulled, provided that such decision has been issued for less than five years.
2. The annulment of the decision
on naturalization of a husband or a wife shall not alter the nationality of
his/her spouse.
Article
27.- The certificates of Vietnamese nationality loss
The certificates of Vietnamese
nationality loss shall be granted to persons who file applications therefor and
can prove that they once held Vietnamese nationality.
The Government shall stipulate
the procedures and order for granting certificates of Vietnamese nationality
loss.
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CHANGES TO NATIONALITY
OF MINORS AND ADOPTED CHILDREN
Article
28.- Nationality of children who are minors in cases of their parents’
naturalization, relinquishment or restoration of Vietnamese nationality
1. When there is a change to the
nationality of his/her parents due to the granting, relinquishment or
restoration of Vietnamese nationality, the nationality of the child who is a
minor living with his/her parents shall be changed accordingly.
2. When there is a change to the
nationality of his/her father or mother due to the granting, relinquishment or
restoration of Vietnamese nationality, the nationality of the child who is a
minor shall be decided according to the written consent from his/her parents.
3. Any change to the nationality
of persons, who are from full 15 years to under 18 years of age as stipulated
in Clauses 1 and 2 of this Article, must be agreed upon in writing by such
persons.
Article
29.- Nationality of children who ate minors in cases where their parents are
deprived of Vietnamese nationality or where decisions on granting Vietnamese
nationality are annulled
When both his/her parents or
either of them is deprived of Vietnamese nationality under Article 25 of this
Law or the decision on granting the Vietnamese nationality is annulled under
Article 26 of this Article 26 of this Law, the nationality of a child who is a
minor shall not change.
Article
30.- Nationality of adopted children who are minors
1. A child who is a Vietnamese
citizen and adopted by foreigner(s) shall retain his/her Vietnamese
nationality.
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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 shall be granted be Vietnamese nationality
according to the application for the Vietnamese nationality filed by his/her
adoptive parents and exempt from conditions prescribed in Clause 1, Article 20
of this Law.
Any change to the nationality of
an adopted child, who is from full 15 years to under 18 years of age, must be
agreed upon in writing by him/her.
Chapter V
THE POWERS AND
PROCEDURES FOR HANDLING NATIONALITY-RELATED MATTERS
Article
31.- The powers of the National Assembly regarding nationality
The National Assembly has the
following tasks and powers regarding the nationality:
1. To promulgate legal documents
on Vietnamese nationality;
2. To exert the supreme
supervision on the observance of the legislation on Vietnamese nationality;
3. To ratify or rescind
international treaties on nationality which the Socialist Republic of Vietnam
has signed or acceded to at the proposal of the State President.
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The State President has the
following tasks and powers over nationality:
1. To permit the naturalization
in Vietnam;
2. To permit the Vietnamese
nationality restoration;
3. To permit the Vietnamese
nationality relinquishment;
4. To decide the Vietnamese
nationality deprivation;
5. To annul decisions on
naturalization in Vietnam;
6. To conclude international
treaties on behalf of the State of the Socialist Republic of Vietnam, decide the
ratification of or acceding to international treaties on nationality or
concerning nationality, except for cases where such international treaties must
be submitted to the National Assembly for decision.
Article
33.- The powers of the Government over nationality
The Government has the following
tasks and powers over nationality:
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2. To submit to the State
President for decision the granting, restoration, relinquishment or deprivation
of Vietnamese nationality and the annulment of decisions on naturalization in
Vietnam;
3. To submit to the State
President for decision the signing of international treaties on the State’s
behalf, the ratification of or acceding to international treaties on
nationality or concerning nationality; to decide the signing of or acceding to
international treaties on nationality or concerning nationality on the
Government’s behalf;
4. To direct and guide the
granting of certificates of Vietnamese nationality and certificates of loss of
Vietnamese nationality;
5. To organize and direct the
dissemination and education of legislation on Vietnamese nationality;
6. To make State statistics on
Vietnamese nationality;
7. To inspect and supervise,
according to its competence, the observance of the legislation on Vietnamese
nationality;
8.To establish international
cooperation on nationality.
Article
34.- The powers of the ministries, the ministerial-level agencies and the
agencies attached to the Government regarding nationality
1. The Ministry of Justice shall
assist the Government in performing the tasks and exercising the powers defined
in Article 33 of this Law.
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Article
35.- The powers of the People’s Committees of the provinces and cities directly
under the Central Government
The People’s Committees of the
provinces and cities directly under the Central Government have the following
tasks and powers regarding the nationality:
1. To receive examine dossiers
of application for the granting, restoration or relinquishment of Vietnamese nationality;
to request the handling of such dossiers;
2. To propose the deprivation of
Vietnamese nationality or the annulment of decisions on naturalization in
Vietnam;
3. To consider and grant
certificates of Vietnamese nationality and certificates of loss of Vietnamese
nationality.
Article
36.- The powers of the Vietnamese diplomatic missions and consular offices
overseas regarding nationality
The Vietnamese diplomatic
missions and consular offices overseas have the following tasks and powers
regarding nationality:
1. To receive and examine
dossiers of application for the restoration or relinquishment of Vietnamese
nationality; to receive dossiers of application for Vietnamese nationality in
some exceptional cases; to request the handling of such dossiers;
2. To propose the deprivation of
Vietnamese nationality and the annulment of decisions on naturalization in
Vietnam;
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Article
37.- Filing applications for settlement of nationality matters
Persons applying for the
granting, restoration or relinquishment of Vietnamese nationality, or for
certificates of Vietnamese nationality or certificates of loss of Vietnamese
nationality shall send their applications to the People’s Committees of the
provinces and cities directly under the Central Government where they reside,
if they live in Vietnam; or to the Vietnamese diplomatic missions or consular
offices overseas if they reside abroad.
Article
38.- The time limit for handling nationality-related applications
1. The time limit for settling
an application for naturalization in Vietnam shall not exceed 12 months, and an
application for Vietnamese nationality relinquishment or restoration shall not
exceed 6 months, from the date the People’s Committee of the province or city
directly under the Central Government or the Vietnamese diplomatic mission or
consular office overseas receives complete and valid dossiers.
2. The time limit for settling
an application for a certificate for Vietnamese nationality or a certificate of
loss of Vietnamese nationality shall not exceed 90 days from the date the
People’s Committee of the province or city directly under the Central
Government or the Vietnamese diplomatic mission or consular office overseas
receives complete and valid dossiers.
Article
39.- Publishing on the Official Gazette decisions on granting, restoration,
relinquishment or deprivation of Vietnamese nationality and the annulment of
decisions on naturalization in Vietnam
The decisions on granting
restoration, relinquishment or deprivation of Vietnamese nationality and the
annulment of decisions on naturalization in Vietnam shall be published on the
Official Gazette of the Socialist Republic of Vietnam.
Article
40.- The settlement of complaints, denunciations and disputes about Vietnamese
nationality
1. Complaints about the
administrative decisions or administrative acts of State agencies defined in
Articles 34, 35 and 36 of this Saw and denunciations against law-breaking acts
in the handling of Vietnamese nationality-related matters shall be made in
accordance with the provisions of the legislation on complaints and
denunciations.
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Chapter VI
IMPLEMENTATION
PROVISIONS
Article
41.- The international cooperation to limit the dual - or multi-nationality
status and handle problems arising from dual - or multi-nationality status
Basing themselves on the
principles prescribed in this Law, the competent State agencies shall undertake
the signing of international treaties with foreign countries to limit the dual
- or multi-nationality status and handle problems arising therefrom.
Article
42.- Enforcement effect
This Law takes effect from
January 1st, 1999 and replaces the Law on Vietnamese Nationality of June 28,
1988.
The Government shall stipulate
in details and guide the implementation of this Law.
CHAIRMAN OF THE NATIONAL
ASSEMBLY
Nong Duc Manh
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