Can a person who resigns his/her Vietnamese nationality to acquire foreign nationality but cannot do so, can he/she apply for vietnamese nationality again?
- How is the basis for renunciation of Vietnamese nationality regulated in Vietnam?
- Who has not renounced their Vietnamese citizenship in Vietnam?
- Who is not allowed to renounce Vietnamese citizenship in Vietnam?
- What is the basis for losing Vietnamese nationality in Vietnam?
- Can a person who resigns his/her Vietnamese nationality to acquire foreign nationality but cannot do so, can he/she apply for Vietnamese nationality again in Vietnam?
- In which cases is it not possible to return to Vietnamese nationality in Vietnam?
How is the basis for renunciation of Vietnamese nationality regulated in Vietnam?
Pursuant to Clause 1, Article 27 of the Law on Nationality of Vietnam 2008 stipulates the grounds for renunciation of Vietnamese nationality as follows:
Article 27. Grounds for renunciation of Vietnamese nationality
1. A Vietnamese citizen who files an application for renunciation of Vietnamese nationality to acquire a foreign nationality may be permitted to renounce Vietnamese nationality.
Thus, if Vietnamese citizens have an application to renounce their nationality to acquire foreign citizenship, they can renounce their Vietnamese nationality.
Can a person who resigns his/her Vietnamese nationality to acquire foreign nationality but cannot do so, can he/she apply for vietnamese nationality again?
Who has not renounced their Vietnamese citizenship in Vietnam?
Pursuant to Clause 2, Article 27 of the Law on Nationality of Vietnam 2008 stipulates the case of persons who have not renounced their Vietnamese nationality as follows:
Thus, if Vietnamese citizens fall into cases such as having obligations to perform with the State or are serving sanctions, they are temporarily not allowed to renounce their Vietnamese nationality.
After fulfilling the obligations or fulfilling the penalties, when the person resigns his/her Vietnamese nationality, he/she will be considered for renunciation of Vietnamese nationality.
Who is not allowed to renounce Vietnamese citizenship in Vietnam?
Pursuant to Clause 3, Clause 4, Article 27 of the 2008 Law on Nationality of Vietnam stipulates that those who are not allowed to renounce their Vietnamese nationality are as follows:
Article 27. Grounds for renunciation of Vietnamese nationality
…
2. A person applying for renunciation of Vietnamese nationality may not renounce Vietnamese nationality if he/she falls into any of the following cases:
a/ Owing tax debts to the State or having a property obligation toward an agency, organization or individual in Vietnam;
b/ Being examined for penal liability;
c/ Serving a Vietnamese court’s judgment or ruling;
d/ Being kept in detention pending judgment enforcement;
e/ Serving a decision on application of the administrative handling measure of confinement to an education establishment, a medical treatment establishment or a reformatory.
Thus, those who fall into the above-mentioned cases, when applying for Vietnamese nationality, will not be allowed to renounce their Vietnamese nationality.
What is the basis for losing Vietnamese nationality in Vietnam?
Pursuant to Article 26 of the 2008 Law on Nationality of Vietnam, the grounds for loss of nationality are as follows:
Article 26. Grounds for loss of Vietnamese nationality
1. Being permitted to renounce Vietnamese nationality.
2. Being deprived of Vietnamese nationality.
3. Failing to register for retention of Vietnamese nationality as prescribed in Clause 2, Article 13 of this Law.
4. Falling into cases specified in Clause 2, Article 18, and Article 35 of this Law.
5. Falling into cases specified in treaties to which the Socialist Republic of Vietnam is a contracting party.
Accordingly, when a person falls into one of the above-mentioned cases, that person loses his/her Vietnamese nationality.
Can a person who resigns his/her Vietnamese nationality to acquire foreign nationality but cannot do so, can he/she apply for Vietnamese nationality again in Vietnam?
Pursuant to Clause 1, Article 23 of the 2008 Law on Nationality of Vietnam provides for cases of return to Vietnamese nationality as follows:
Article 23. Cases in which restoration of Vietnamese nationality is permitted
1. A person who has lost his/her Vietnamese nationality as prescribed in Article 26 of this Law and applies for restoration of Vietnamese nationality may restore his/her Vietnamese nationality, if he/she falls into any of the following cases:
a/ Having applied for permission to return to Vietnam;
b/ His/her spouse, a natural parent or a natural offspring is a Vietnamese citizen;
c/ Having made meritorious contributions to Vietnam’s national construction and defense;
d/ Being helpful to the State of the Socialist Republic of Vietnam;
e/ Conducting investment activities in Vietnam;
f/ Having renounced Vietnamese nationality for acquisition of a foreign nationality but failing to obtain permission to acquire the foreign nationality.
Accordingly, if a person has lost his/her Vietnamese nationality, he/she will be asked to return to Vietnamese nationality when falling into one of the above cases.
Thus, if you have lost your Vietnamese nationality and you are currently unable to apply for foreign citizenship, you can apply for Vietnamese citizenship again if your reapplication does not harm Vietnam's national interests.
In which cases is it not possible to return to Vietnamese nationality in Vietnam?
Pursuant to Clause 2, Article 23 of the 2008 Law on Nationality of Vietnam stipulates that applicants for return to Vietnamese nationality are not allowed to return to Vietnamese nationality as follows:
Article 23. Cases in which restoration of Vietnamese nationality is permitted
…
2. Persons applying for restoration of Vietnamese nationality may not restore Vietnamese nationality, if such restoration is detrimental to Vietnam’s national interests.
Accordingly, when a person's application for Vietnamese nationality harms the national interests of Vietnam, that person will not be allowed to return to Vietnamese nationality.
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