Nationality Law

Chapter I - GENERAL PROVISIONS

Article 1 - People having Vietnamese nationality.

The State of the SRV is the united State of all nationalities living together on the Vietnamese soil, all members of various nationalities have Vietnamese nationality.

People who have Vietnamese nationality comprise those who have Vietnamese nationality up to the day when this Law enters into force and those who have Vietnamese nationality as provided for by this Law.

Article 2 - Relation between the State and citizens.

Vietnamese citizens are ensured of their rights by the State and they must fulfill their obligations vis-à-vis the State and the society as provided for by the law.

The State protects legitimate rights of oversea Vietnamese citizens.

Article 3 - Recognition of Vietnamese nationality for Vietnamese citizens.

The State of the SRV only recognizes one nationality for Vietnamese citizens, which is Vietnamese nationality.

Article 4 - Keeping of nationality in case of marriage, divorce, cancellation of illegal marriage and change of nationality of the husband or wife.

(1)  The marriage, divorce and the cancellation of illegal marriage between Vietnamese citizens with foreign citizens or stateless persons do not change their nationality.

(2)  The adoption or loss of Vietnamese nationality of one of the spouses does not change the nationality of the opposite sex.

Chapter II - DETERMINATION OF VIETNAMESE NATIONALITY

Article 5 - Vietnamese nationality.

A person has Vietnamese nationality if he/she belongs to one of the following categories:

(1)  by birth;

(2)  admitted in Vietnamese nationality;

(3)  readmitted in Vietnamese nationality;

(4)  having Vietnamese nationality in accordance with an international treaty of which Vietnam is a signatory;

(5)having Vietnamese nationality in other cases as provided for by this Law.

Article 6 - Nationality of children.

(1)  Children whose parents are Vietnamese citizens have Vietnamese nationality irrespective of their place of birth in or outside the Vietnamese territory.

(2)  Children whose father or mother is a Vietnamese citizen while the other is a stateless person or is unknown have Vietnamese nationality irrespective of their place of birth in or outside the Vietnamese territory.

(3)  Children whose father or mother is a Vietnamese citizen while the other is a foreign citizen, if they are born in Vietnam or when they are born their parents have a permanent residence in Vietnam, have Vietnamese nationality except the case where their parents unanimously choose another nationality for them.In case those children are born outside Vietnam and when they are born, their parents have no permanent residence in Vietnam, their nationality is chosen by their parents.

(4)  Children born in Vietnam and whose parents are stateless parents having a permanent residence in Vietnam, have Vietnamese nationality.

(5)  Children found on the Vietnamese soil and whose parents are unknown have Vietnamese nationality.

Article 7 - Admission in Vietnamese nationality.

(1)  Foreign citizens and stateless persons residing in Vietnam and voluntarily observing the Constitution and law of Vietnam can be admitted in Vietnamese nationality if they are in possession of the following conditions:

(a)        being 18 years old upwards;

(b)        knowing Vietnamese language;

(c)        having lived in Vietnam at least 5 years.

(2)  Foreign citizens and stateless persons, if they have legitimate reasons, can be admitted in Vietnamese nationality without being obliged to be fully in possession of the conditions stipulated in points (a), (b), (c), clause 1 of this Article.

(3)  People who were admitted in Vietnamese nationality in accordance with the provisions of this Article and who had made false declarations when applying for admission in Vietnamese nationality, can have the decision for their admission in Vietnamese nationality cancelled.

Chapter III - LOSS, READMISSION IN VIETNAMESE NATIONALITY

Article 8 - Loss of Vietnamese nationality.

Vietnamese citizens lose their Vietnamese nationality in the following circumstances:

(1)  being allowed to give it up;

(2)  being deprived of their Vietnamese nationality;

(3)  losing Vietnamese nationality as provided for by an international treaty of which Vietnam is a signatory;

(4)  losing Vietnamese nationality in other circumstances stipulated by this Law.

Article 9 - Giving up Vietnamese nationality.

(1)  Vietnamese citizens can give up Vietnamese nationality if they have legitimate reasons.

(2)  Applicants for giving up Vietnamese nationality cannot yet give it up if they belong to one of the following categories:

(a)        being in military service;

(b)        having tax unpaid or being involved in other financial obligations vis-à-vis the State;

(c)        being under penal prosecution;

(d)        serving a sentence.

(3)  The giving up of Vietnamese nationality is not allowed if it affects the national security.

Article 10 - Deprivation of Vietnamese nationality.

(1)  Vietnamese citizens living abroad can be deprived of their Vietnamese nationality if they are involved in acts seriously damaging the national independence, the cause of building and defending the Vietnamese Socialist Fatherland or the interests and prestige of the SRV.

(2)  Those who have been admitted in Vietnamese nationality in accordance with the provisions of Article 7 of this Law, if they are involved in acts provided for by clause 1 of this Article, can be deprived of their Vietnamese nationality, though they are living anywhere.

Article 11 - Readmission in Vietnamese nationality.

Those who have lost their Vietnamese nationality can be readmitted in if if they have legitimate reasons.

Chapter IV - NATIONALITY OF CHILDREN IN CASE OF CHANGE OF PARENTS' NATIONALITY.NATIONALITY OF ADOPTIVE CHILDREN

Article 12 - Nationality of children in case of change of parents' nationality.

(1)  When the nationality of parents changes, being admitted in, giving up, being readmitted in Vietnamese nationality, the children's nationality automatically changes following their parents'.

(2)  When only the father or mother changes his/her nationality, the children's nationality is defined following the choice of their parents.

(3)  The change of nationality of persons from 15 years old up to under 18 as provided for by clauses 1 and 2 of this Article is to be subject to the agreement by such persons.

Article 13 - Nationality of children when their parents are deprived of their nationality or they have the decision for being admitted in Vietnamese nationality cancelled.

When the parents or one of them are deprived of their nationality as provided for by Article 10 or the decision for their admission in Vietnamese nationality in accordance with clause 3, article 7 of this Law is cancelled, the children's nationality does not change.

Article 14 - Nationality of adoptive children.

(1)  Children being foreign citizens or stateless persons, if their adoptive parents or one of them are Vietnamese citizens, are admitted in Vietnamese nationality upon their adoptive parents' application and are exempted from the conditions stipulated in clause 1, Article 7 of this Law.

(2)  Children being Vietnamese citizens, if their adoptive parents or one of them are foreign citizens and agreed by their own parents or their tutor, are allowed to give up Vietnamese nationality upon their adoptive parents' application in order to be admitted in another country's nationality.

(3)  The change of nationality of persons from 15 years old up to under 18 as provided for by clauses 1 and 2 of this Article is to be subject to the agreement by such persons.

Chapter V - COMPETENCE FOR DEALING WITH THE PROBLEMS OF NATIONALITY

Article 15

(1)  The Council of Ministers gives its decisions on the cases of admission in, giving up of, readmission in, deprivation of Vietnamese nationality and cancellation of decisions for admission in Vietnamese nationality.

(2)  The procedures for solving the problems of nationality are stipulated by the Council of Ministers.

Chapter VI - FINAL PROVISIONS

Article 16

In case the international treaty of which the SRV is a signatory has different provisions, those provisions are applied.

Article 17

This Law enters into force as of 15 July 1988.At the same time the following documents are abrogated:

(1)  Decree No. 53/SL dated 20/10/1945;

(2)  Decree 73/SL dated 7/12/1945;

(3)  Article 6 of Decree 251/SL dated 20/8/1948;

(4)  Decree 51/SL dated 14/12/1959;

(5)  Decision 1043/NO/TVQH dated 8/2/1971 of the Standing Committee of the National Assembly.

Article 18

The Council of Ministers stipulates details for the implementation of this Law.