Luật 08-LCT/HDNN8

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.

Article 3.

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:

1. By birth;

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.

4. Any child born on Vietnamese territory and whose parents are both stateless persons but have permanent residence in Vietnam, shall hold Vietnamese nationality.

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.

Chapter III

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.

Relinquishing of Vietnamese nationality

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

A Vietnamese citizen resident outside the territory of Vietnam may be deprived of Vietnamese nationality when carrying out activities that seriously endanger national independence and the cause of building and defending the Socialist Republic of Vietnam, or to the interests and prestige of the Socialist Republic of Vietnam.

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.

2. Where there is a change to the nationality of one of the parents, the nationality of the child shall be decided by the parents.

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

POWER TO DECIDE QUESTIONS OF NATIONALITY

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:

1. Decree No 53/SL of October 20th, 1945;

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.