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THE
NATIONAL ASSEMBLY
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
24/2008/QH12
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Hanoi,
November 13, 2008
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LAW
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
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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. “Foreign nationality” is the
nationality of a country other than the Vietnamese nationality.
2. “Stateless person” is a
person who has neither Vietnamese nationality nor foreign nationality.
3. “Overseas Vietnamese” are
Vietnamese citizens and persons of Vietnamese origin who permanently reside in
foreign countries.
4. “Persons of Vietnamese origin
residing abroad” 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. “Foreigners residing in
Vietnam” are foreign nationals and stateless persons who permanently or
temporarily reside in Vietnam.
Article 4.
The nationality principle
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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
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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 spouse’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 one’s Vietnamese nationality:
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2. People’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
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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;
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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
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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 Vietnam’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;
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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 Vietnam’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 Vietnam’s national interests.
6. The Government shall specify
conditions for naturalization in Vietnam.
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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.
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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 applicant’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 People’s Committee
president.
Within 10 working days after the
receipt of a request from the provincial-level Justice Service, the provincial-level
People’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 People’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 People’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
Minister’s proposal.
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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 Vietnam’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 Vietnam’s national construction and defense;
d/ Being helpful to the State of
the Socialist Republic of Vietnam;
e/ Conducting investment
activities in Vietnam;
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2. Persons applying for
restoration of Vietnamese nationality may not restore Vietnamese nationality,
if such restoration is detrimental to Vietnam’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 Vietnam’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
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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.
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Within 20 days after the receipt
of the provincial-level Justice Service’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 People’s Committee
president.
Within 5 working days after the
receipt of the provincial-level Justice Service’s proposal, the
provincial-level People’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
applicant’s identity.
4. Within 20 days after the
receipt of the written proposal of the provincial-level People’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 applicant’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 People’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 Minister’s
proposal.
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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
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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 court’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 Vietnam’s national interests.
4. Cadres, civil servants and
those who are serving in Vietnamese people’s armed forces may not renounce
Vietnamese nationality.
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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 people’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 Vietnam’s national interests.
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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 latter’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 applicant’s identity.
Within 20 days after the receipt
of the provincial-level Justice Service’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 People’s Committee
president.
Within 5 working days after the
receipt of the proposal of the provincial-level Justice Service, the
provincial-level People’s Committee president shall consider, make conclusion
and send his/her opinion to the Ministry of Justice.
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In case of necessity, the
Ministry of Justice may request the Ministry of Public Security to verify the
applicant’s identity.
5. Within 20 days after the
receipt of the proposal of the provincial-level People’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 Minister’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.
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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 People’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
People’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 Minister’s
proposal.
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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 People’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 People’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.
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Chapter
IV.
CHANGE OF NATIONALITY OF
MINORS AND ADOPTED CHILDREN
Article 35.
Nationality of minor children upon their parents’ 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 child’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 persons’ 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.
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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
persons’ 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.
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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
People’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.
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4. Provincial-level People’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 Ministry’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.
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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 XIIth National Assembly of the Socialist Republic of
Vietnam at its 4th session.
CHAIRMAN
OF THE NATIONAL ASSEMBLY
Nguyen Phu Trong