Renunciation of Vietnamese citizenship under Vietnamese Law

Back in the day, the issue related to renunciation of Vietnamese citizenship was quite a sensitive topic to practice; sometimes, many people think that renunciation of nationality is a negative thing for individuals. However, with the development of society, the application for renunciation of Vietnamese citizenship is now much less sensitive. In fact, the renunciation of citizenship is simply creating conditions for individuals in having the freedom to choose where they want to live. So, what is renunciation of Vietnamese citizenship under Vietnamese Law? Let’s find out with LSX!

Legal ground

• 2008 Law on Vietnamese Nationality

Grounds for renunciation of Vietnamese citizenship

Hence the regulation in Article 27.1 of the Law on Vietnamese Nationality 2008, a Vietnamese citizen who files an application for renunciation of Vietnamese nationality to acquire a foreign nationality may be permitted to
renounce Vietnamese nationality.

In addition, Article 27.2 also mentions cases that one may not renounce Vietnamese citizenship:

• Owing tax debts to the State or having a property obligation toward an
  agency, organization, otherwise individuals in Vietnam
• Having penal liability examination
• Serving a Vietnamese court’s judgment or ruling
• Having a detiention pending judgment enforcement
• Serving a decision on application of the administrative handling measure of
  confinement to an education establishment, a medical treatment establishment, otherwise a reformatory

Moreover, a person applying for renunciation of Vietnamese nationality may not renounce Vietnamese nationality if such renunciation is detrimental to Vietnam’s national interests. Cadres, civil servants, and those who are serving in the Vietnamese people’s armed forces also may not renounce Vietnamese nationality.

Dossier for renunciation of Vietnamese citizenship application

Basically, a dossier for renunciation of Vietnamese citizenship will contain the following documents:

• Application for renunciation of Vietnamese nationality
• Curriculum vitae
• Identity documents
  • Copy of Vietnamese Passport
  • Identity Card or Citizen’s Identity Card
  • Other documents of equivalent value
• Papers certifying that the person is carrying out procedures for naturalization of a foreign country
• Certificate of tax-freeness issued by the Tax Department where the applicant for renunciation of Vietnamese nationality resides

For people who were formerly cadres, civil servants, or public employees; or serving in the Vietnamese people’s armed forces; retired, resigned, dismissed, dismissed or removed from office; or discharged, serving less than 5 years, the papers of the agency, organization or unit that have issued the decision on retirement, dismissal, relief from duty, dismissal or dismissal must also be submitted; or demobilized, the service member certifies the renunciation of his Vietnamese nationality; without damaging to the national interest of Vietnam.

Procedure for renunciation of Vietnamese citizenship

Step 1: Submit the dossier

Firstly, individuals who wish to renounce Vietnamese citizenship shall submit the dossier to the Department of Justice where they are currently residing. In case that persons are staying aboard, they may submit it at the Vietnamese representative office in the host country.

Step 2: Dossier examination

Secondly, the competent agency is responsible for checking the validity. In case the dossier is valid, they shall note down the case in the renunciation book; at the same time, issue the application receipt form and affix the stamp of the Vietnamese representative mission aboard, following the law.

Step 3: Publishing a notice of renunciation of Vietnamese citizenship

Thirdly, if the applicant for renunciation of Vietnamese citizenship resides in the country, within 5 working days from the date of receiving the valid dossier; the Department of Justice is responsible for publishing a notice in a written newspaper, or local electronic newspaper in three consecutive issues; then post it on the website of the Ministry of Justice.

In case the applicant for renunciation of Vietnamese citizenship resides abroad, within 5 working days, from the date of receipt of complete and valid dossiers; overseas Vietnamese representative missions shall have to post notices; about renunciation of Vietnamese citizenship on its website.

Step 4: Verify the subject

Then, within 60 days from the publication of a notice of renunciation of Vietnamese citizenship, police agencies, civil judgment enforcement agencies, tax agencies; or other agencies, organizations, or individuals; in case there is a reason that the applicant for renunciation of Vietnamese nationality falls under the circumstances that are unable to grant, otherwise must not renounce Vietnamese nationality as in the Law in Vietnamese Nationality; shall give notice to the Department of Justice that published the new.

Within 5 working days from the date of receipt of complete and valid dossiers; The Department of Justice shall send a written request to the provincial-level police agency to verify the identity of the applicant for renunciation of Vietnamese nationality.

Within 20 days from the date of receiving the request of the Department of Justice; Provincial-level police agencies are responsible for verifying, and send the results to the Department of Justice. During this time, the Department of Justice must examine the documents in the application for renunciation of Vietnamese nationality.

Within 5 working days from the date of receipt of verification results; The Department of Justice is responsible for completing the dossier and submitting it to the President of the provincial People’s Committee.

Within 5 working days from the date of receipt of the request of the Department of Justice; Provincial-level People’s Committee presidents are responsible for considering; make conclusions and propose opinions to the Ministry of Justice.

Step 5: Verify the subject in case of overseas applicant

Within 20 days from the date of receipt of complete and valid dossiers; overseas Vietnamese representative missions are responsible for verifying, and transfer the dossier together with the proposal on the application to the Ministry of Foreign Affairs; to the Ministry of Justice.

In case of necessity, the Ministry of Justice requests the Ministry of Public Security to verify the identity of the applicant for renunciation of Vietnamese nationality.

Within 20 days from the date of receipt of the written proposal of the Chairman of the provincial People’s Committee; or of a Vietnamese representative mission abroad; The Ministry of Justice is responsible for re-checking the dossier; if it is deemed that the applicant for renunciation of Vietnamese nationality is eligible for renunciation of Vietnamese nationality; then report it to the Prime Minister and submit it to the President for consideration and decision.

Within 20 days from the date of receipt of the Prime Minister’s proposal; The President shall consider and decide

Step 6: Receive the decision

Lastly, the applicant will receive the decision on renunciation of nationality and Official Gazette; The Ministry of Justice shall post it on the website of the Ministry of Justice.

Above are the answers on “Renunciation of Vietnamese citizenship under Vietnamese Law” In case you have any questions, please contact Lawyer X for quick and best legal services: 0833102102.

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