09:30 | 31/07/2023

Who is a stateless person? What is the application for Vietnamese nationality for stateless persons?

Who is a stateless person? What is the application for Vietnamese nationality for stateless persons? - An (Hue, Vietnam)

Vietnam: Who is a stateless person?

According to the provisions of Clause 2, Article 3 of the Law on Vietnamese Nationality 2008, “Stateless person” is a person who has neither Vietnamese nationality nor foreign nationality.

Who is a stateless person? What is the application for Vietnamese nationality for stateless persons?

Can stateless persons file applications for Vietnamese nationality?

Pursuant to Article 19 of the Law on Vietnamese Nationality 2008, regulations on conditions for naturalization in Vietnam are as follows:

Conditions for naturalization in Vietnam
1. Foreign nationals and stateless persons permanently residing in Vietnam who file applications for Vietnamese nationality may be permitted for naturalization in Vietnam if they satisfy the following conditions:
a/ Having the full civil act capacity as prescribed by Vietnam’s laws;
b/ Obeying the Constitution and laws of Vietnam; respecting the traditions, customs and practices of the Vietnamese nation;
c/ Understanding Vietnamese sufficiently enough to integrate themselves into the Vietnamese community;
d/ Having resided in Vietnam for 5 years or more by the time of application for naturalization;
e/ Being capable of making their livelihood in Vietnam.
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.
4. Persons applying for Vietnamese nationality must have Vietnamese names. These names may be selected by the applicants and written in the decisions on naturalization in Vietnam.
5. Persons applying for Vietnamese nationality may not be permitted for naturalization if such naturalization is detrimental to Vietnam’s national interests.
6. The Government shall specify conditions for naturalization in Vietnam.

Accordingly,stateless persons permanently residing in Vietnam who file applications for Vietnamese nationality may be permitted for naturalization in Vietnam if they satisfy the following conditions:

- Having the full civil act capacity as prescribed by Vietnam’s laws;

- Obeying the Constitution and laws of Vietnam; respecting the traditions, customs and practices of the Vietnamese nation;

- Understanding Vietnamese sufficiently enough to integrate themselves into the Vietnamese community;

- Having resided in Vietnam for 5 years or more by the time of application for naturalization;

- Being capable of making their livelihood in Vietnam.

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 Article 19 of the Law on Vietnamese Nationality 2008 if they fall into one of the following cases:

- Being spouses, natural parents or natural offsprings of Vietnamese citizens;

- Having made meritorious contributions to Vietnam’s national construction and defense;

- Being helpful to the State of the Socialist Republic of Vietnam.

Note: Persons applying for Vietnamese nationality must have Vietnamese names. These names may be selected by the applicants and written in the decisions on naturalization in Vietnam.

What are the dossiers of application for Vietnamese nationality for stateless persons?

Pursuant to Article 20 of the Law on Vietnamese Nationality 2008, regulations on applications for Vietnamese nationality are as follows:

Dossiers of application for Vietnamese nationality
1. A dossier of application for Vietnamese nationality comprises:
a/ An application for Vietnamese nationality;
b/ A copy of the birth certificate, passport or other substitute papers;
c/ A curriculum vitae;
d/ A judicial record issued by a competent Vietnamese authority for the period the applicant resides in Vietnam and a judicial record issued by a competent foreign authority for the period the applicant resides in the foreign country. Judicial records must be issued within 90 days before the date of filing the dossier;
e/ Papers proving his/her Vietnamese language skills;
f/ Papers proving his/her place and period of residence in Vietnam;
g/ Papers proving his/her ability to make livelihood in Vietnam.
2. For persons exempt from several conditions on naturalization in Vietnam specified in Clause 2, Article 19 of this Law, papers corresponding to exempted conditions are not required.
3. The Government shall specify papers in dossiers of application for Vietnamese nationality.

Thus, the application for Vietnamese citizenship of a stateless person includes the documents specified in Article 20 above.

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