Law on Vietnamese Nationality 2008

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

1. In the Socialist Republic of Vietnam, 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 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

The State of the Socialist Republic of Vietnam 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 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.

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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.

Article 43. Effect

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.