NATIONAL ASSEMBLY     No. 24/2008/QH12

SOCIALIST REPUBLIC OF VIỆT NAM Independence  - Freedom  - Happiness ___________________________ Hà Nội, November 13, 2008

 

 

 

LAW ON VIETNAMESE NATIONALITY

 

Pursuant to the 1992 Constitution of the Socialist Republic of Việt Nam, 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 Việt Nam, giving rise to rights and obligations of Vietnamese citizens toward the State and rights and responsibilities of the State of the Socialist Republic of Việt Nam toward Vietnamese citizens.

 

Article 2. Rights to nationality

 

1. In the Socialist Republic of Việt Nam, 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 Việt Nam 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 offspring and grandchildren are permanently residing in foreign countries.

 

5. Foreigners residing in Việt Nam are foreign nationals and stateless persons who permanently or temporarily reside in Việt Nam.

 

Article 4. The nationality principle

 

The State of the Socialist Republic of Việt Nam 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 Việt Nam 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 Việt Nam 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 Việt Nam 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 Việt Nam 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 Việt Nam creates conditions for children born in the Vietnamese territory to have a nationality and stateless persons permanently residing in Việt Nam 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:

 

1. Birth certificate; in case the birth certificate does not clearly state the Vietnamese nationality of the holder, papers proving his/her parents’ Vietnamese nationality are required.

 

2. People’s identity card;

 

3. Vietnamese passport;

 

4. Decision permitting the naturalization in Việt Nam, 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 Việt Nam 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 date 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 Việt Nam;

 

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 Việt Nam 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 Việt Nam 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 Việt Nam 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 VIệT NAM

 

Article 19. Conditions for naturalization in Việt Nam

 

1. Foreign nationals and stateless persons permanently residing in Việt Nam who file applications for Vietnamese nationality may be permitted for naturalization in Việt Nam if they satisfy the following conditions:

 

a/ Having the full civil act capacity as prescribed by Việt Nam’s laws;

 

b/ Obeying the Constitution and laws of Việt Nam; 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 Việt Nam for 5 years or more by the time of application for naturalization;

 

e/ Being capable of making their livelihood in Việt Nam.

 

2. Those who apply for Vietnamese nationality may be permitted for naturalization in Việt Nam 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 offspring of Vietnamese citizens;

 

b/ Having made meritorious contributions to Việt Nam’s national construction and defense;

 

c/ Being helpful to the State of the Socialist Republic of Việt Nam.

 

3. Persons naturalized in Việt Nam 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 Việt Nam.

 

5. Persons applying for Vietnamese nationality may not be permitted for naturalization if such naturalization is detrimental to Việt Nam’s national interests.

 

6. The Government shall specify conditions for naturalization in Việt Nam.

 

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 Việt Nam 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 Việt Nam;

 

g/ Papers proving his/her ability to make livelihood in Việt Nam.

 

2. For persons exempt from several conditions on naturalization in Việt Nam 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 Department 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 Department shall immediately notify the applicant thereof for supplementation and completion of the dossier.

 

2. Within 5 working days after the receipt of a complete and valid dossier, the provincial-level Justice Department 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 Department, 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 Department 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 Department 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 Department, the provincial-level People’s Committee Chairman 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 Việt Nam 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 Việt Nam, 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.

 

Article 22. Order of, procedures for, and dossiers of application for natura