Can Vietnam people have dual nationality? What cases can Vietnamese people have dual nationality?
What is Vietnamese nationality? What are the right of citizens for Vietnamese nationality?
According to Article 1 of the Law on Vietnamese Nationality 2008, Vietnamese nationality means:
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.
According to Article 2 of the Law on Vietnamese Nationality 2008, the right to Vietnamese nationality are as follows:
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.
Can Vietnam people have dual nationality?
According to Article 4 of the Law on Vietnamese Nationality 2008 as follows:
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.
Thus, for the phase "unless it is otherwise provided for by this Law", it means that Vietnamese people may have other nationalities in some cases. Therefore, Vietnamese people are still allowed to have dual nationality.
What cases can Vietnamese people have dual nationality?
Case 01: According to Clause 2, Article 13 of the Law on Vietnamese Nationality 2008 (amended by Clause 1, Article 1 of the Amended Law on Vietnamese Nationality 2014) as follows:
Article 13. Persons having Vietnamese nationality
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2. Overseas Vietnamese who have not yet lost Vietnamese nationality as prescribed by Vietnamese law before the effective dale of this Law may retain their Vietnamese nationality.
Overseas Vietnamese who have not lost their Vietnamese nationality but do not have papers to prove their Vietnamese nationality as prescribed in Article 11 of this Law shall make registration with overseas Vietnamese representative missions to identify Vietnamese nationality and issue a Vietnamese Passport.
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Thus, overseas Vietnamese who have not yet lost Vietnamese nationality shall be allowed to have dual nationality (or more).
Case 02: Pursuant to Clause 2, Clause 3, Article 19 of the Law on Vietnamese Nationality 2008 as following:
Article 19. Conditions for naturalization in Vietnam
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2. Those who apply for Vietnamese nationality may be permitted for naturalization in Vietnam without having to fully meet the conditions prescribed at Points c, d and e, Clause 1 of this Article if they fall into one of the following cases:
a/ Being spouses, natural parents or natural offsprings of Vietnamese citizens;
b/ Having made meritorious contributions to Vietnam’s national construction and defense;
c/ Being helpful to the State of the Socialist Republic of Vietnam.
3. Persons naturalized in Vietnam shall renounce their foreign nationality, except for those defined in Clause 2 of this Article in special cases, if so permitted by the President.
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Special cases of naturalization of Vietnamese nationality and retention of foreign nationality are met in Article 9 of Decree 16/2020/ND-CP as follows:
Article 9. Special cases of naturalization of Vietnamese nationality and retention of foreign nationality as specified in Clause 3 Article 19 of Law on Vietnamese Nationality
An applicant for naturalization of Vietnamese nationality falling into any of the cases specified in Clause 2 Article 19 of Law of Vietnamese Nationality shall be considered to be a special case specified in Clause 3 Article 19 of Law on Vietnamese Nationality and proposed to the President for consideration of naturalization of Vietnamese nationality without renunciation of foreign nationality if following conditions are simultaneously satisfied:
1. He/she satisfies the conditions for naturalization of Vietnamese nationality according to Law of Vietnamese Nationality.
2. He/she has made meritorious contribution to Vietnam’s national construction and defense and the naturalization of Vietnamese nationality with retention of foreign nationality is beneficial to the Government of Socialist Republic of Vietnam.
3. Retention of his/her foreign nationality upon naturalization of Vietnamese nationality is satisfactory to regulations and law of said foreign country.
4. Renunciation of foreign nationality leads to impacts on his/her rights and benefits in the foreign country.
5. He/she does not utilize foreign nationality to harm legal rights and benefits of agencies, organizations and individuals; harm national security and benefits, social order and safety of the Government of Socialist Republic of Vietnam.
Thus, the 03 cases mentioned in Clause 5, Article 23 of the Law on Vietnamese Nationality 2008 will be able to have dual nationality (or more).
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