Nationality is a political-legal category, showing the close relationship between the state and its citizens, the basis for citizens to obtain rights and perform obligations towards the state. The right to citizenship is a fundamental right, a right for citizens to derive other rights. Normally, each individual has only one basic nationality, but due to various reasons, there are individuals with two or more nationalities, which also partly leads to difficulties in the management process. So about the matter “Step to import household registration for dual nationality in Vietnam” Let’s find out with LSX in the article below.
- Nationality Law 2008
- Decree 16/2020/ND-CP guiding the Law on Vietnamese Nationality
The concept of dual nationality
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.
The reason why there are two or more nationalities in reality is due to a number of reasons such as: there is a conflict of laws regarding 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 may 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 be deemed to be a citizen (i.e., a national) of the country to which he is substantially attached if, for a certain period of time, he does not choose nationality of one of the two countries.
Cases where Vietnamese people are allowed to have dual nationality
The Law on Vietnamese Nationality does not allow Vietnamese citizens to hold dual citizenship, except in special cases such as those permitted by the President; case of applying for the return of Vietnamese nationality…
First: According to the provisions of Clause 2, Article 13 of the Law on Vietnamese Nationality, “Vietnamese people residing abroad who have not lost their Vietnamese nationality as prescribed by Vietnamese law before the effective date of this Law. still have Vietnamese nationality.
Second: The case of naturalization of Vietnam without having to renounce foreign nationality.
According to Clauses 2, 3, Article 19 of the Law on Vietnamese Nationality, the following persons, in special cases, if they are permitted by the State President, when naturalizing Vietnamese nationality, do not have to renounce their foreign nationality:
a) Being the wife, husband, natural father, mother or natural child of a Vietnamese citizen;
b) Having special merit to contribute to the cause of national construction and defense
c) It is beneficial to the State of the Socialist Republic of Vietnam.
Article 9 of Decree No. 16/2020ND-CP dated February 3, 2020 of the Government guiding a number of articles and measures to implement the Law on Vietnamese Nationality stipulating that in special cases, when applying for Vietnamese citizenship and applying for foreign nationality is a case where all of the following conditions are fully met:
1. Having fully met the conditions for naturalization of Vietnam under the provisions of the Law on Vietnamese Nationality.
2. Having special meritorious contributions to the cause of construction and defense of the Vietnamese fatherland and naturalization and retention of foreign nationality is beneficial to the State of the Socialist Republic of Vietnam.
3. The person’s application to keep his/her foreign nationality upon naturalization in Vietnam is in accordance with the laws of that foreign country.
4. The renunciation of foreign nationality will affect that person’s interests abroad.
5. Not to use foreign nationality to harm legitimate rights and interests of agencies, organizations and individuals; infringing upon security, national interests, social order and safety of the State of the Socialist Republic of Vietnam.
Third: Apply to return to Vietnamese nationality and at the same time keep foreign nationality
According to the provisions of Clause 5, Article 23 of the Law on Vietnamese Nationality,
Persons who are allowed to regain Vietnamese nationality must renounce their foreign nationality, except for the following people, in special cases, if so permitted by the President:
a) Being the wife, husband, natural father, mother or natural child of a Vietnamese citizen;
b) Having special merit to contribute to the cause of national construction and defense Vietnam;
c) In favor of the State of the Socialist Republic of Vietnam
According to the provisions of Article 14, Decree No. 16/2020/ND-CP, “The applicant for restoration of Vietnamese nationality falls under one of the cases specified in Clause 5, Article 23 of the Law on Vietnamese Nationality, if fully satisfying the following criteria: The following conditions shall be considered as special cases for submission to the State President for consideration of the return of Vietnamese nationality without having to renounce foreign nationality:
1. Being fully qualified to return to Vietnamese nationality as prescribed by the Law on Vietnamese Nationality.
2. The application to keep the foreign nationality of that person when returning to the Vietnamese nationality is in accordance with the law of that foreign country.
3. The renunciation of foreign nationality leads to that person’s interests in the country whose nationality is affected.
4. Not to use foreign nationality to harm the lawful rights and interests of agencies, organizations and individuals; infringing upon security, national interests, social order and safety of the State of the Socialist Republic of Vietnam.
Thus, according to the above regulations, it can be understood that Vietnam has allowed citizens to hold dual citizenship. However, it is necessary to be clearly aware that these are all special cases, with the permission of the President of the country to be able to hold two citizenships (dual citizenship).
Step to import household registration for dual nationality in Vietnam
In case, this person has Vietnamese nationality (still has Vietnamese nationality or has completed procedures for naturalization of Vietnam)
Accordingly, the Law on Residence 2006, amended and supplemented in 2013 and guiding documents are applicable to agencies, organizations, households, Vietnamese citizens, and overseas Vietnamese. and Vietnamese nationality returned to live. Therefore, your friend can apply for permanent residence to have a household registration in Vietnam according to these legal documents. Procedures and documents according to Article 21 of the Law on Residence are as follows:
“ 1. Permanent residence registrants shall submit the application for permanent residence registration at the following police offices:
a) For a centrally run city, the application shall be submitted to the police station of the district, town or township;
b) For provinces, the dossiers shall be submitted at the police offices of communes and townships of the district, the police of the towns and cities of the province.
2. Application for permanent residence registration includes:
a) Notice of change of household registration, household registration, demographic declaration;
b) The household registration certificate as prescribed in Article 28 of this Law;
c) Papers and documents proving lawful residence. In case of moving to a centrally run city, there must be additional documents proving that one of the cases specified in Article 20 of this Law is required.
3. Within fifteen days after receiving a complete dossier, the competent agency specified in Clause 1 of this Article shall issue a household registration book to the person who has submitted the application for permanent residence registration; In case of refusal, a written reply must be clearly stated, clearly stating the reason.
In addition, to prove your Vietnamese nationality, your friend must have proofs suitable for his case such as:
– Vietnamese residing abroad holding foreign passports, valid foreign-issued passport replacement papers, or no passports but having foreign-issued permanent residence papers and returning to Vietnam for permanent residence; When registering for permanent residence, there must be a repatriation paper issued by a Vietnamese representative mission abroad (if the person is abroad) or a written consent for permanent residence by the Immigration Department (if the person is residing abroad). that person is temporarily residing in the country), enclosed with a letter of introduction issued by the Immigration Department of the place where he/she applies for permanent residence;
– Vietnamese citizens residing abroad who have a Vietnamese passport or another valid document instead of a valid passport and return to Vietnam to permanently reside when registering for permanent residence must have a Vietnamese passport or other valid papers, other valid passports bearing the verification stamp of the immigration control force at the border gate;
– Foreigners who are granted Vietnamese nationality when registering for permanent residence must have papers proving their Vietnamese nationality.
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Please see more
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- Fee for making citizen identity card for overseas Vietnamese
- Proving separate property before marriage under Vietnam law
Frequently asked questions
Article 4 of the Law on Vietnamese Nationality stipulates the nationality principle, according to which the State of the Socialist Republic of Vietnam recognizes a Vietnamese citizen having one nationality as Vietnamese nationality, unless otherwise provided for in this Law. is different. Thus, in some exceptional cases, Vietnam still allows citizens to hold dual citizenship under the Nationality Law.
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. Socialist Republic of Vietnam for Vietnamese citizens.
In the Socialist Republic of Vietnam, each individual has the right to a nationality. Vietnamese citizens shall not be deprived of their Vietnamese nationality, except for the cases specified in Article 31 of this Law.
Clause 4, Article 27 of the Law on Nationality stipulates that cadres, civil servants and those serving in the Vietnamese people’s armed forces may not renounce Vietnamese nationality.
Article 22 of the Law on Organization of the National Assembly currently in effect stipulates the standards of National Assembly deputies, which only require National Assembly deputies to meet the standards, including:
To be loyal to the Fatherland, the people and the Constitution, to strive to carry out the renovation work, for the goal of a rich people, a strong country, democracy, justice and civilization.
Having good moral qualities, needing, thrift, integrity, righteousness, justice, impartiality, exemplary law observance; have bravery, resolutely fight against corruption, waste, all manifestations of bureaucracy, bossiness, domination and other violations of the law.
Having the education, expertise, capacity, health, working experience and reputation to perform the duties of a National Assembly deputies.
Close contact with the People, listening to the People’s opinions, being trusted by the People.
Having conditions to participate in activities of the National Assembly.
The Law amending and supplementing a number of articles of the Law on Organization of the National Assembly (effective from January 1, 2021) adds point a after Clause 1, Article 22 with the requirement that a National Assembly member “has one nationality which is Vietnamese nationality”. “.
– It is mandatory to use the passport of the country of your current nationality to enter and exit that country. Example: You have US and Vietnamese citizenship. When leaving the US must use an American passport, when entering Vietnam must use a Vietnamese passport and vice versa when returning. However, when checking-in to airlines, you must present both passports to prove no visa required for the destination country.
– When you arrive in a third country, depending on the border management policy of this country, you flexibly use your passports appropriately and economically.
For example: You should use an Australian passport to enter Japan because a visa is not required, while a Vietnamese passport requires a visa. Or should use a Vietnamese passport to enter Indonesia because of the visa exemption, while the Australian passport is not. Therefore, American, Australian, British passports are not always convenient and better. Vietnamese passports are quite convenient when traveling between countries in ASEAN.
– Never apply for a visa to enter the country where you hold your nationality. Citizens of a country never need a visa to enter their own country. For example, you may encounter a case where a travel agent’s staff does not know the information that requires you to stick a visa on your Vietnamese passport when buying a plane ticket to the US while you have both these nationalities.
– Should bring all passports when traveling or on business to any country. It helps you get help from all your ambassadors or consulates when required or in cases of force majeure.