In many countries around the world, the state only allows citizens to hold one nationality. According to Vietnamese law, there exist 04 cases where Vietnamese citizens allowed to have dual citizenship. So what are those 04 cases? Today, LSX Lawfirm will give you an article about “04 cases where Vietnamese citizens are allowed to have dual citizenship“, as follows:
Legal grounds
Law on Vietnamese Nationality 2008 amended and supplemented in 2014
Decree 16/2020/ND-CP
What is dual citizenship?
Dual citizenship is the legal status of a person who holds dual citizenship at the same time. This is a special situation because each person is born with only one nationality. This situation also leads to many complications for both the applicant himself and the competent authorities of the countries of which he is a national.
In fact, the phenomenon of having two or more nationalities is due to a number of reasons such as: there is a conflict of laws regarding the nationality of different countries, because people who have acquired a new nationality have not lost their nationality. old nationality, children born to parents of different nationalities….
In international relations, the signing of bilateral or multilateral international treaties is one of the relatively effective measures to limit dual citizenship. When signing, the parties can agree to include the effective nationality principle in the content of the treaty. According to this principle, a person holding dual citizenship of the two Contracting States shall deemed to be a citizen (i.e., a national) of the country to; which he substantially attached if, for a certain period of time, he does not choose I have a nationality of one of the two countries.
Case of Vietnamese people residing abroad but still have Vietnamese nationality
Accordingly, to Clause 2, Article 13 of the Law on Vietnamese Nationality 2008, amended and supplemented in 2014 stipulates:
Vietnamese people residing abroad who have not lost their Vietnamese nationality as prescribed by Vietnamese law before July 1, 2009 will still have Vietnamese nationality.
In case of being naturalized in Vietnam without having to renounce foreign nationality
– According to Clause 3, Article 19 of the Law on Vietnamese Nationality, a person acquires Vietnamese nationality but does not have to renounce his foreign nationality in the following cases:
+ Being the wife, husband, biological father, natural mother or natural child of a Vietnamese citizen;
+ Having special merits to contribute to the cause of construction and defense of the Vietnamese Fatherland;
+ It is beneficial to the State of the Socialist Republic of Vietnam.
– According to Article 9 of Decree 16/2020/ND-CP, an applicant for naturalization of Vietnamese nationality must not renounce foreign nationality and submit it to the President for consideration if fully meeting the following conditions:
+ Having full conditions for naturalization in Vietnam under the provisions of the Law on Vietnamese Nationality.
+ Having special merits for contributing to the cause of construction and defense of the Vietnamese fatherland, and naturalization at the same time as holding a foreign nationality is beneficial to the State of the Socialist Republic of Vietnam.
+ The application to keep the foreign nationality of that person when naturalizing Vietnam is in accordance with the law of that foreign country.
+ The renunciation of foreign nationality will affect that person’s interests in foreign countries.
+ Do not use foreign nationality to harm the lawful rights and interests of agencies, organizations and individuals; infringing upon the security, national interests, social order and safety of the State of the Socialist Republic of Vietnam.
In case a person applies for restoration of Vietnamese nationality but does not have to renounce foreign nationality
– According to Clause 5, Article 23 of the Law on Vietnamese Nationality, a person may regain Vietnamese nationality but not have to renounce foreign nationality in the following cases:
+ Being the wife, husband, biological father, natural mother or natural child of a Vietnamese citizen;
+ Having special merits to contribute to the cause of construction and defense of the Vietnamese Fatherland;
+ It is beneficial to the State of the Socialist Republic of Vietnam.
– According to Article 14 of Decree 16/2020/ND-CP, an applicant to regain Vietnamese nationality; but not have to renounce foreign nationality and submit it to the President for consideration if fully meeting the following conditions:
+ Having full conditions to return to Vietnamese nationality according to the provisions of the Law on Vietnamese Nationality
+ The application to retain foreign nationality of such person; when returning to Vietnamese nationality is in accordance with the law of that foreign country.
+ The renunciation of foreign nationality leads to that person’s interests in the country whose nationality affected.
+ Do not use foreign nationality to harm the lawful rights and interests of agencies, organizations and individuals; infringing upon the security, national interests, social order and safety of the State of the Socialist Republic of Vietnam.
The case of Vietnamese children being adopted by foreigners
According to Article 37 of the Law on Vietnamese Nationality 2008, amended and supplemented in 2014 stipulates:
Children who are Vietnamese citizens and adopted by foreigners will still retain Vietnamese nationality.
Thus, in case a child who a Vietnamese citizen adopted by a foreign citizen; Vietnamese law still allows children to hold dual citizenship.
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Related article
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Related questions
When it comes to nationality, we often refer to the citizenship of an independent state; have sovereignty. The nationality of each individual is stable, no matter where you are; in any country in the world. And nationality is often associated with an individual from birth to death; except in special cases. From that, it can be understood that Nationality is a legal-political relationship of long-term, sustainable, and highly stable nature in terms of space and time between a particular individual and a certain state.
In Article 1 of the Law on Nationality 2008, amended and supplemented in 2014 stipulates: “Vietnamese nationality represents an individual’s close relationship with the State of 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 State of the Socialist Republic of Vietnam towards Vietnamese citizens”.
Article 4 of the Law on Vietnamese Nationality stipulates the nationality principle, according to which the State of the Socialist Republic of Vietnam recognizes Vietnamese citizens with one nationality as Vietnamese; unless otherwise provided for by this Law. Thus, in some exceptional cases; Vietnam still allows citizens to hold more than one nationality.
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