Law on Vietnamese Citizenship No. 07/1998/QH10

LAW

Vietnamese nationality

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Vietnamese nationality reflects the close relationship between an individual and the Socialist Republic of Vietnam, giving rise to the rights and obligations of Vietnamese citizens towards the State and the rights and responsibilities of the Socialist Republic of Vietnam towards its citizens;

To enhance the honor and sense of responsibility of Vietnamese citizens in exercising their rights and fulfilling their civic duties, to inherit and promote the tradition of solidarity and patriotism of the Vietnamese nation, to strengthen the bond between the Socialist Republic of Vietnam and all Vietnamese people, whether residing within or outside the country, for the cause of a wealthy people, a strong country, a fair and civilized society;

Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992;

This Law stipulates on Vietnamese nationality.

Chapter I

GENERAL PROVISIONS

Article 1. Rights concerning nationality

1. In the Socialist Republic of Vietnam, each individual has the right to have nationality. No Vietnamese citizen shall be deprived of Vietnamese nationality, except in cases provided for in Article 25 of this Law.

2. The Socialist Republic of Vietnam is a unified state of ethnic groups living together on the territory of Vietnam; all members of these ethnic groups are equal in the right to have Vietnamese nationality.

Article 2. Interpretation of Terms

In this Law, the following terms shall be understood as follows:

Definition 1. "Foreign nationality" means the nationality of another country other than the Socialist Republic of Vietnam.

Definition 2. "Stateless person" means a person who does not have Vietnamese nationality and also does not have foreign nationality.

Definition 3. "Vietnamese person abroad" means Vietnamese citizens and persons of Vietnamese origin residing permanently or temporarily abroad.

Definition 4. "Vietnamese person settled abroad" means Vietnamese citizens and persons of Vietnamese origin residing, working, and living long-term abroad.

Definition 5. "Foreigner residing in Vietnam" means foreign citizens and stateless persons residing permanently or temporarily in Vietnam.

Definition 6. "Foreigner permanently residing in Vietnam" means foreign citizens and stateless persons residing, working, and living long-term in Vietnam.

Definition 7. "Extradition" means the act of one country transferring to another country a person who has committed a crime or been convicted of a criminal offense where the judgment has become legally binding and is present on its territory so that the receiving country may pursue criminal liability or enforce punishment against that person.

Definition 8. "Deprivation of nationality" means the act of a citizen losing nationality pursuant to a decision with coercive effect of a competent state agency.

Article 3. Principle of single nationality

The Socialist Republic of Vietnam recognizes that Vietnamese citizens have only one nationality, which is Vietnamese nationality.

Article 4. Relationship between the State and citizens

1. A person having Vietnamese nationality is a citizen of the Socialist Republic of Vietnam (hereinafter referred to as Vietnamese citizen).

2. Vietnamese citizens are guaranteed their civil rights by the Socialist Republic of Vietnam and must fulfill their civic duties towards the State and society as prescribed by law.

The Socialist Republic of Vietnam does not extradite Vietnamese citizens to other countries.

Article 5. Protection for Vietnamese people Male Directive

The Socialist Republic of Vietnam protects the legitimate interests of Vietnamese people abroad.

Domestic state agencies, diplomatic missions, and consular offices of Vietnam abroad are responsible for implementing all necessary measures consistent with the laws of the host country, international law, and international customs to carry out such protection.

Article 6. Policy towards Overseas Vietnamese Male Directive

1. The Socialist Republic of Vietnam has policies to encourage and create favorable conditions for overseas Vietnamese to maintain close ties with their families and homeland, contributing to building their homeland and country.

2. The State has policies to facilitate the return of Vietnamese citizenship for those who have lost Vietnamese nationality.

Article 7. Policy towards Vietnamese Citizens Male Directive

The Socialist Republic of Vietnam has policies to ensure that Vietnamese citizens living abroad have the conditions to enjoy their civil rights and fulfill their civil duties in accordance with their living circumstances away from the country.

Article 8. Limiting Stateless Status

The Socialist Republic of Vietnam creates conditions for all children born on Vietnamese territory to have Vietnamese nationality and for stateless persons permanently residing in Vietnam to acquire Vietnamese nationality in accordance with the provisions of this Law.

Article 9. Maintaining Nationality at Marriage, Divorce, and Invalidation of Illegal Marriages

Marriage, divorce, and invalidation of illegal marriages between Vietnamese citizens and foreigners do not change the Vietnamese nationality of the parties involved, nor that of their minor children.

Article 10. Maintaining Nationality When Spouse's Nationality Changes

The acquisition or loss of Vietnamese nationality by one spouse does not affect the nationality of the other spouse.

Article 11. Documents Proving Vietnamese Nationality

The following documents serve as grounds to prove Vietnamese nationality:

1. Certificate of Vietnamese Nationality, Decision on Acquisition of Vietnamese Nationality, Decision on Restoration of Vietnamese Nationality; Identity Card or Vietnamese Passport;

2. Birth certificate of the individual accompanied by documents proving Vietnamese nationality of the parents, if there are no documents specified in Point 1 of this Article;

3. Other documents prescribed by the Government.

Article 12. State Administration of Nationality

The content of state administration over Vietnamese nationality includes:

1. Issuing, guiding, and organizing the implementation of legal documents on Vietnamese nationality; developing policies on Vietnamese nationality;

2. Deciding on the acquisition, restoration, withdrawal, and deprivation of Vietnamese nationality;

3. Issuing Certificates of Vietnamese Nationality, Certificates of Loss of Vietnamese Nationality;

4. National statistics on Vietnamese nationality;

5. Inspecting and supervising the implementation of laws on Vietnamese nationality;

6. Resolving complaints and denunciations regarding Vietnamese nationality;

7. Implementing international cooperation in the field of nationality.

Article 13. Application of International Treaties

In cases where an international treaty to which the Socialist Republic of Vietnam is a party provides different provisions than those of this Law, the provisions of such international treaty shall be applied.

Chapter II

HAVE VIETNAMESE NATIONALITY YEAR

Article 14. Persons with Vietnamese Nationality Male

Persons with Vietnamese nationality include those who had Vietnamese nationality up until the effective date of this Law and those who have Vietnamese nationality according to the provisions of this Law.

Article 15. Basis for Determining Persons with Vietnamese Nationality

A person is determined to have Vietnamese nationality if they meet one of the following criteria:

1. Born under the provisions of Articles 16, 17, and 18 of this Law;

2. Acquired Vietnamese nationality;

3. Restored Vietnamese nationality;

4. Under an international treaty to which the Socialist Republic of Vietnam is a party;

5. According to the provisions of Articles 19, 28, and 30 of this Law.

Article 16. Citizenship of children at birth when both parents are Vietnamese citizens Male

Children born when both parents are Vietnamese citizens shall have Vietnamese citizenship, regardless of whether they were born within or outside the territory of Vietnam.

Article 17. Citizenship of children at birth when one parent is a Vietnamese citizen Male

1. Children born when one parent is a Vietnamese citizen and the other is stateless, or when the mother is a Vietnamese citizen but the father's identity is unknown, shall have Vietnamese citizenship, regardless of whether they were born within or outside the territory of Vietnam.

2. Children born when one parent is a Vietnamese citizen and the other is a foreign citizen, shall have Vietnamese citizenship if there is a written agreement between the parents at the time of registering the child's birth.

Article 18. Citizenship of children at birth when both parents are stateless persons

1. Children born on the territory of Vietnam when both parents are stateless persons but have their habitual residence in Vietnam shall have Vietnamese citizenship.

2. Children born on the territory of Vietnam when the mother is a stateless person with her habitual residence in Vietnam and the father's identity is unknown shall have Vietnamese citizenship.

Article 19. Citizenship of abandoned newborns and children found on the territory of Vietnam Male

1. Abandoned newborns and children found on the territory of Vietnam whose parents are unknown shall have Vietnamese citizenship.

2. In cases where the person referred to in Clause 1 of this Article has not yet reached 15 years of age and both parents are foreign citizens, one parent is a foreign citizen, or the guardian is a foreign citizen, then that person will no longer have Vietnamese citizenship; for those aged from 15 to under 18 years old, the consent in writing of the person concerned must be obtained.

Article 20. Acquisition of Vietnamese citizenship

1. Foreign citizens and stateless persons residing habitually in Vietnam who submit an application for acquisition of Vietnamese citizenship may acquire Vietnamese citizenship if they meet the following conditions:

a) Having full civil capacity according to Vietnamese law;

b) Adhering to the Constitution and laws of Vietnam; respecting the traditions, customs, and practices of the Vietnamese people;

c) Knowing Vietnamese sufficiently to integrate into Vietnamese society;

d) Having resided in Vietnam for five years or more;

đ) Being able to ensure a living standard in Vietnam.

2. Foreign citizens and stateless persons may acquire Vietnamese citizenship without having to meet the conditions set out in points c, d, and đ of Clause 1 of this Article if they fall into one of the following cases:

a) Being the spouse, child, father, or mother of a Vietnamese citizen;

b) Persons who have made contributions to the construction and defense of the Socialist Republic of Vietnam;

c) Being beneficial to the Socialist Republic of Vietnam.

3. Foreign citizens acquiring Vietnamese citizenship shall not retain foreign citizenship, except in special cases decided by the President of the State.

4. An applicant for Vietnamese citizenship shall not be granted Vietnamese citizenship if it would harm the national interests of Vietnam.

The Government shall stipulate the procedures and steps for handling applications for acquisition of Vietnamese citizenship.

Article 21. Re-acquisition of Vietnamese citizenship Male

1. A person who has lost Vietnamese citizenship as provided for in Article 23 of this Law who submits an application for re-acquisition of Vietnamese citizenship may re-acquire Vietnamese citizenship if they fall into one of the following cases:

a) Requesting repatriation to Vietnam;

b) Having a spouse, child, father, or mother who is a Vietnamese citizen;

c) Having made contributions to the cause of building and defending the Fatherland of Vietnam;

d) Being beneficial to the Socialist Republic of Vietnam.

2. A person applying for re-acquisition of Vietnamese citizenship shall not be granted Vietnamese citizenship if it would harm the national interests of Vietnam.

The Government shall stipulate the procedures and steps for handling applications for re-acquisition of Vietnamese citizenship.

Article 22. Certificate of Vietnamese Nationality Male

1. Vietnamese citizens have the right to request the competent state agencies specified in Articles 35 and 36 of this Law to issue a Certificate of Vietnamese Nationality.

2. The Certificate of Vietnamese Nationality shall be issued to persons who submit an application and prove that they hold Vietnamese nationality.

The Government shall prescribe the procedures and process for issuing the Certificate of Vietnamese Nationality.

Chapter III

LOSS OF VIETNAMESE NATIONALITY YEAR

Article 23. Loss of Vietnamese Nationality Male

Vietnamese citizens lose Vietnamese nationality in the following cases:

1. Voluntarily renouncing Vietnamese nationality;

2. Being deprived of Vietnamese nationality;

3. Pursuant to international treaties to which the Socialist Republic of Vietnam is a party;

4. In the cases provided for in Clause 2 of Article 19, Article 26, and Article 28 of this Law.

Article 24. Renunciation of Vietnamese Nationality Male

1. Vietnamese citizens who submit an application to renounce Vietnamese nationality to acquire foreign nationality may be permitted to renounce Vietnamese nationality.

2. Persons applying to renounce Vietnamese nationality who have not yet been granted permission to renounce Vietnamese nationality shall not be allowed to do so if they fall under any of the following circumstances:

a) Owing taxes to the State or a financial obligation to an agency, organization, or Vietnamese citizen;

b) Those currently under criminal investigation;

c) Having not yet completed execution of a court judgment or decision of a Vietnamese court.

3. Persons applying to renounce Vietnamese nationality shall not be permitted to do so if such action would harm the national interests of Vietnam.

4. Civil servants, public officials, and those serving in the people's armed forces shall not be permitted to renounce Vietnamese nationality.

The Government shall prescribe the procedures and process for handling applications to renounce Vietnamese nationality.

Article 25. Deprivation of Vietnamese Nationality

1. Vietnamese citizens residing abroad may be deprived of Vietnamese nationality if they commit acts seriously harming the independence of the nation, the cause of building and defending the Socialist Republic of Vietnam, or the reputation of the Socialist Republic of Vietnam.

2. Persons who have acquired Vietnamese nationality pursuant to Article 20 of this Law, regardless of whether they reside within or outside the territory of Vietnam, may also be deprived of Vietnamese nationality if they commit acts as prescribed in Clause 1 of this Article.

Article 26. Revocation of Decision on Acquisition of Vietnamese Nationality Male

1. Persons who have acquired Vietnamese nationality pursuant to Article 20 of this Law, regardless of whether they reside within or outside the territory of Vietnam, who intentionally provide false information or forge documents when applying for Vietnamese nationality, may have their Decision on Acquisition of Vietnamese Nationality revoked if the Decision was issued less than five years ago.

2. The revocation of the Decision on Acquisition of Vietnamese Nationality of a spouse does not affect the Vietnamese nationality of the other spouse.

Article 27. Certificate of Loss of Vietnamese Nationality Male

The Certificate of Loss of Vietnamese Nationality shall be issued to persons who submit an application and prove that they once held Vietnamese nationality.

The Government shall prescribe the procedures and process for issuing the Certificate of Loss of Vietnamese Nationality.

Chapter IV

CHANGE OF NATIONALITY OF PERSONS UNDER AGE AND ADOPTED CHILDREN

MINORS AND ADOPTED CHILDREN

Article 28. Nationality of Minor Children When Parents Acquire, Renounce, or Reacquire Vietnamese Nationality

1. When parents change their nationality through acquisition, renunciation, or reacquisition of Vietnamese nationality, the nationality of minor children living with them shall change accordingly.

2. When only one parent changes their nationality through acquisition, renunciation, or reacquisition of Vietnamese nationality, the nationality of minor children shall be determined according to a written agreement between the parents.

3. Any change of nationality of a person aged 15 or older but under 18 years old, as provided for in Clauses 1 and 2 of this Article, must be agreed upon in writing by the person concerned.

Article 29. Citizenship of Minor Children When Parents Are Deprived of Vietnamese Citizenship or Revoked Decision on Granting Vietnamese Citizenship Decision to grant Vietnamese citizenship

When a parent or one of the two parents is deprived of Vietnamese citizenship according to Article 25 of this Law or their Decision on granting Vietnamese citizenship is revoked according to Article 26 of this Law, the citizenship of minor children shall not be changed.

Article 30. Citizenship of Adopted Minor Children

1. Vietnamese citizens who are adopted by foreigners retain Vietnamese citizenship.

2. Foreign children adopted by Vietnamese citizens acquire Vietnamese citizenship from the date recognized by the competent state agency of Vietnam for adoption.

3. Foreign children adopted by parents where one is a Vietnamese citizen and the other is a foreigner may obtain Vietnamese citizenship based on the application for Vietnamese citizenship submitted by the adoptive parents and are exempted from the conditions stipulated in Clause 1, Article 20 of this Law.

Any change in the citizenship of adopted children aged 15 or older but under 18 must be agreed upon in writing by the child.

Chapter V

AUTHORITY AND PROCEDURES FOR HANDLING

CITIZENSHIP ISSUES

Article 31. Authority of the National Assembly on Citizenship

The National Assembly has the following tasks and powers regarding citizenship:

1. Enacting legal normative documents on Vietnamese citizenship;

2. Exercising supreme supervision over compliance with laws on Vietnamese citizenship;

3. Approving or rejecting international treaties that the Socialist Republic of Vietnam has signed or joined concerning citizenship at the proposal of the State President.

Article 32. Authority of the State President on Citizenship

The State President has the following tasks and powers regarding citizenship:

1. Granting Vietnamese citizenship;

2. Restoring Vietnamese citizenship;

3. Terminating Vietnamese citizenship;

4. Depriving Vietnamese citizenship;

5. Revoking Decisions on granting Vietnamese citizenship;

6. Signing international treaties on behalf of the Socialist Republic of Vietnam, deciding to approve or join international treaties on citizenship or related to citizenship, except in cases requiring the National Assembly's decision.

Article 33. Authority of the Government on Citizenship

The Government has the following tasks and powers regarding citizenship:

1. Submitting draft laws, ordinances, and resolutions on Vietnamese citizenship to the National Assembly and the Standing Committee of the National Assembly; issuing guiding documents for implementing laws on Vietnamese citizenship;

2. Submitting to the State President for decisions on granting, restoring, terminating Vietnamese citizenship, depriving Vietnamese citizenship, and revoking Decisions on granting Vietnamese citizenship;

3. Submitting to the State President for decisions on signing international treaties on behalf of the State, approving or joining international treaties on citizenship or related to citizenship; deciding on signing or joining international treaties on behalf of the Government on citizenship or related to citizenship;

4. Directing and guiding the issuance of Certificates of Vietnamese Citizenship and Certificates of Loss of Vietnamese Citizenship;

5. Organizing and directing the dissemination and education of laws on Vietnamese citizenship;

6. Conducting national statistics on Vietnamese citizenship;

7. Inspecting and supervising the implementation of laws on Vietnamese citizenship within its authority;

8. Implementing international cooperation on citizenship.

Article 34. Competence of Ministries, agencies at the level of ministries, and government agencies regarding nationality

1. The Ministry of Justice assists the Government in performing the tasks and powers stipulated in Article 33 of this Law.

2. Ministries, agencies at the level of ministries, and government agencies within their respective tasks and powers shall be responsible for coordinating with the Ministry of Justice to perform tasks and powers related to nationality as prescribed by the Government.

Article 35. Competence of Provincial People's Committees and Municipal People's Committees under Central Government Regarding Nationality

Provincial People's Committees and Municipal People's Committees under Central Government have the following tasks and powers regarding nationality:

1. Receiving and examining applications for acquisition, reacquisition, and renunciation of Vietnamese nationality; proposing decisions on the resolution of these applications;

2. Proposing the deprivation of Vietnamese nationality and the revocation of decisions on acquisition of Vietnamese nationality;

3. Examining and issuing Certificates of Vietnamese Nationality and Certificates of Loss of Vietnamese Nationality.

Article 36. Competence of Diplomatic Missions and Consular Offices of Vietnam Regarding Nationality Male Directive REGARDING CITIZENSHIP

Diplomatic Missions and Consular Offices of Vietnam abroad have the following tasks and powers regarding nationality:

1. Receiving and examining applications for reacquisition and renunciation of Vietnamese nationality; in exceptional cases, receiving applications for acquisition of Vietnamese nationality; proposing decisions on the resolution of these applications;

2. Proposing the deprivation of Vietnamese nationality and the revocation of decisions on acquisition of Vietnamese nationality;

3. Examining and issuing Certificates of Vietnamese Nationality and Certificates of Loss of Vietnamese Nationality.

Article 37. Submission of Applications for Resolution of Matters Related to Nationality

Individuals applying for acquisition, reacquisition, renunciation of Vietnamese nationality, and issuance of Certificates of Vietnamese Nationality and Certificates of Loss of Vietnamese Nationality within the country shall submit their applications to the Provincial People's Committee or Municipal People's Committee under Central Government where they reside; outside the country, they shall submit their applications to Diplomatic Missions and Consular Offices of Vietnam.

Article 38. Time Limit for Resolving Applications Concerning Nationality

1. The time limit for resolving applications for acquisition of Vietnamese nationality shall not exceed twelve months, and for applications for renunciation and reacquisition of Vietnamese nationality, it shall not exceed six months, counted from the date when the Provincial People's Committee or Municipal People's Committee under Central Government or Diplomatic Missions and Consular Offices of Vietnam abroad receive complete valid files.

2. The time limit for resolving applications for issuance of Certificates of Vietnamese Nationality and Certificates of Loss of Vietnamese Nationality shall not exceed ninety days, counted from the date when the Provincial People's Committee or Municipal People's Committee under Central Government or Diplomatic Missions and Consular Offices of Vietnam abroad receive complete valid files.

Article 39. Publishing in the Official Gazette Decisions on Acquisition, Reacquisition, Renunciation, Deprivation of Vietnamese Nationality Male and Revocation of Decisions on Acquisition of Vietnamese Nationality

Decisions on acquisition, reacquisition, renunciation, deprivation of Vietnamese nationality and revocation of decisions on acquisition of Vietnamese nationality shall be published in the Official Gazette of the Socialist Republic of Vietnam.

Article 40. Handling Complaints, Accusations, and Disputes Concerning Vietnamese Nationality Male

1. Complaints against administrative decisions and actions of state agencies stipulated in Articles 34, 35, and 36 of this Law, and accusations against illegal acts in the resolution of issues concerning Vietnamese nationality shall be handled according to the provisions of the law on complaints and accusations.

2. Disputes between individuals concerning Vietnamese nationality shall be resolved by the courts according to the procedures for civil cases.

Chapter VI

IMPLEMENTING PROVISIONS

Article 41. International Cooperation on Limiting Dual or Multiple Nationalities and Resolving Issues Arising Therefrom

Based on the principles stipulated in this Law, competent state agencies may conclude international treaties with foreign countries to limit dual or multiple nationalities and resolve issues arising therefrom.

Article 42. Effectiveness

This Law takes effect from January 1, 1999, and replaces the Nationality Law dated June 28, 1988.

The Government shall promulgate detailed regulations and provide guidance on the implementation of this Law.

This Law was adopted by the National Assembly of the Socialist Republic of Vietnam, the tenth session, third meeting, on May 20, 1998./.