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THE NATIONAL ASSEMBLY
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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8-LCT/HDNN8
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Hanoi, June 28, 1998
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LAW
ON NATIONALITY OF VIETNAM
Chapter 1
GENERAL PROVISIONS
Article 1.
Persons holding Vietnamese
nationality The Socialist Republic of Vietnam is a unified state of all
nationals living on Vietnamese territory. All members of all ethnic groups hold
Vietnamese nationality. Persons holding Vietnamese nationality include those who
hold Vietnamese nationality up to the day this Law comes into force and those
who will be granted Vietnamese nationality in accordance with the provisions of
this Law.
Article 2.
Relationship between the State
and citizens Vietnamese citizens shall be guaranteed all rights as citizens by
the State of the Socialist Republic of Vietnam, and must fulfil their
obligations towards the State and society as provided by law. The State shall
protect the legitimate rights of Vietnamese citizens living abroad.
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Recognition of a single
nationality for Vietnamese citizens The State of the Socialist of Vietnam
recognises Vietnamese citizens as having only one nationality: Vietnamese.
Article 4.
Retention of nationality in
cases of marriage, divorce, annulment of unlawful marriage, and charge of
nationality by a husband or wife
1. Marriage, divorce or
annulment of unlawful marriage between a Vietnamese citizen and a foreigner or
a stateless person, shall not change their respective nationality.
2. Where a husband or wife is
granted or loses Vietnamese nationality, there shall be no change to the
nationality of the partner.
Chapter II
DETERMINATION OF VIETNAMESE NATIONALITY
Article 5.
Persons holding Vietnamese
nationality A person shall hold Vietnamese nationality if one of the following
circumstances applies:
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2. Being granted Vietnamese
nationality;
3. Having Vietnamese nationality
restored;
4. Holding Vietnamese
nationality in accordance with international treaties to which Vietnam is a
party;
5. Holding Vietnamese
nationality in other cases as provided for by this Law.
Article 6.
Nationality of a child
1. Any child born to parents who
are Vietnamese citizens shall hold Vietnamese nationality regardless of whether
that child was born inside or outside the territory of Vietnam.
2. Any child born to parents,
one of whom is a Vietnamese citizen and the other a stateless person or person
unknown, shall hold Vietnamese nationality regardless of whether that child was
born inside or outside the territory of Vietnam.
3. Any child born to parents,
one of whom is a Vietnamese citizen and the other a foreign national, if born
inside Vietnamese territory or at a time when the parents have permanent
residence in Vietnam shall hold Vietnamese nationality unless both parents
decide otherwise. Where that child is born outside Vietnamese territory, and at
a time when the parents have no permanent residence in Vietnam, the child's
nationality shall be decided by the parents.
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5. Any child found on Vietnamese
territory and whose parents are unknown shall hold Vietnamese nationality.
Article 7.
Granting of Vietnamese
nationality
1. A foreign national or
stateless person who is residing in Vietnam and voluntarily observes the
Constitution and laws of Vietnam, may be granted Vietnamese nationality if
satisfying the following conditions:
a- Being 18 years of age or
over;
b- Speaking Vietnamese;
c- Having been residing in
Vietnam for at least five years.
2. A foreign national or
stateless person may, on legitimate grounds, be granted Vietnamese nationality
without having to satisfy the conditions set out in points a, b and c of
paragraph 1 of this Article.
3. Where persons have been
granted Vietnamese nationality in accordance with the provisions of this
Article, but have made inaccurate statements when applying for Vietnamese
nationality, the decision to grant Vietnamese nationality may be revoked.
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LOSS OF NATIONALITY, RESTORATION OF VIETNAMESE NATIONALITY
Article 8.
Loss of Vietnamese nationality
A Vietnamese citizen shall lose
Vietnamese nationality in the following circumstances:
1. Being permitted to relinquish
Vietnamese nationality;
2. Being deprived of Vietnamese
nationality;
3. Losing Vietnamese nationality
in accordance with international treaties to which Vietnam is one of the
signatories.
4. Losing Vietnamese nationality
in other cases as provided for in this Law.
Article 9.
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1. A Vietnamese citizen may be
permitted to relinquish Vietnamese nationality, if there are legitimate
grounds.
2. Where a person requests
permission to relinquish Vietnamese nationality, the relinquishing may not be
permitted if any of the following circumstances applies:
a- If performing military
service;
b- If tax due or other property
obligations to the State;
c- Being prosecuted for criminal
offences;
d- Executing a court's verdict.
3. If the relinquishing of
Vietnamese nationality endangers national security, permission to relinquish
Vietnamese nationality will not be granted.
Article 10.
Deprivation of Vietnamese
nationality
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2. Persons having been granted
Vietnamese nationality in accordance with Article 7 of this Law wherever
residing may also be deprived of their Vietnamese nationality if they commit
such acts as stipulated in paragraph 1 of this Article.
Article 11.
Restoration of Vietnamese
nationality
Persons who have lost their
Vietnamese nationality may, on legitimate grounds, be granted the restoration
of Vietnamese nationality.
Chapter IV
NATIONALITY OF CHILDREN IN THE CASE OF CHANGES TO PARENTS'
NATIONALITY-NATIONALITY OF ADOPTED CHILDREN
Article 12.
Nationality of children in the
case of changes to parent’s nationality
1. Where there is a change to
the nationality of parents (granting, relinquishing or restoration of Vietnamese
nationality) the nationality of the child shall be changed accordingly.
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3. Any change to the nationality
of persons aged over 15 and less than 18, in accordance with the provisions of
paragraphs 1 and 2 of this Article, must be subject to the consent of that
person.
Article 13.
Nationality of children whose
parents are deprived of Vietnamese nationality or where a decision to grant
Vietnamese nationality is revoked. Where one or both parents are deprived of
Vietnamese nationality in accordance with Article 10, or where a decision to
grant Vietnamese nationality is revoked in accordance with paragraph 3, Article
7, the nationality of any children shall not be subject to change.
Article 14.
Nationality of adopted children.
1. Where a child is a foreign
national or a stateless person, and if either or both of the adoptive parents
is Vietnamese citizen, that child shall be granted Vietnamese nationality in
accordance with the request from the adoptive parents and be exempt from the
conditions set out in paragraph 1 of Article 7 of this Law.
2. Where a child is a Vietnamese
citizen, and either or both of the adoptive parents is a foreign national and
the natural parents or legal guardian so agree, the child may relinquish
Vietnamese nationality in accordance with request by the adoptive parents for
the granting of a different nationality.
3. A change in the nationality
of a person aged over 15 and less than 18, as stipulated in paragraphs 1 and 2
of this Article, must be subject to the consent of that person.
Chapter V
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Article 15
1. The Council of Ministers
shall determine in all cases the granting, relinquishing, restoration,
depriving and revoking of decisions to grant Vietnamese nationality.
2. Procedures for deciding all
questions of nationality shall be determined by the Council of Ministers.
Chapter VI
FINAL PROVISIONS
Article 16
Where an international treaty to
which Vietnam is one of the signatories contains provisions which differ from
those of this Law, the provisions set out in that international treaty shall be
applied.
Article 17
This law comes into force on 15
July 1988, and the decrees listed hereunder are simultaneously repealed:
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2. Decree No 73/SL December 7th,
1945;
3. Article 6 of Decree No 251/SL
of August 20th, 1948;
4. Decree No 51/SL of December
14th, 1959;
5. Resolution No 1043 NQ/TVQH of
February 8th, 1971 of the Standing Committee of the National Assembly.
Article 18
The Council of Ministers shall
determine the details of implementation of this Law.
FOR THE NATIONAL ASSEMBLY
CHAIRMAN
Nong Duc Manh