What are grounds for renunciation of Vietnamese nationality? What are papers proving Vietnamese nationality?

What are grounds for renunciation of Vietnamese nationality?

Pursuant to Article 27 of the Law on Vietnamese Nationality in 2008 stipulating grounds for renunciation of Vietnamese nationality:

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.

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.

3. A person applying for renunciation of Vietnamese nationality may not renounce Vietnamese nationality if such renunciation is detrimental to Vietnam’s national interests.

4. Cadres, civil servants and those who are serving in Vietnamese people’s armed forces may not renounce Vietnamese nationality.

5. The Government shall specify conditions for renunciation of Vietnamese nationality.

As regulated above, the grounds for renouncing Vietnamese nationality is when a Vietnamese citizen submits an application to renounce Vietnamese nationality in order to acquire foreign nationality.

Note: 

- A person applying for renunciation of Vietnamese nationality may not renounce Vietnamese nationality if he/she falls into any of the following cases:

+ Owing tax debts to the State or having a property obligation toward an agency, organization or individual in Vietnam;

+ Being examined for penal liability;

+ Serving a Vietnamese court’s judgment or ruling;

+ Being kept in detention pending judgment enforcement;

+ Serving a decision on application of the administrative handling measure of confinement to an education establishment, a medical treatment establishment or a reformatory.

- A person applying for renunciation of Vietnamese nationality may not renounce Vietnamese nationality if such renunciation is detrimental to Vietnam’s national interests.

- Cadres, civil servants and those who are serving in Vietnamese people’s armed forces may not renounce Vietnamese nationality.

What are grounds for renunciation of Vietnamese nationality? What are papers proving Vietnamese nationality? - image from internet

What are papers proving Vietnamese nationality?

Pursuant to Article 11 of the Law on Vietnamese Nationality in 2008 stipulating papers proving Vietnamese nationality:

Papers proving Vietnamese nationality

One of the following papers can prove one’s Vietnamese nationality:

1. Birth certificate; in case the birth certificate does not clearly state the Vietnamese nationality of the holder, papers proving his/her parents’ Vietnamese nationality are required.

2. People’s identity card;

3. Vietnamese passport;

4. Decision permitting the naturalization in Vietnam, decision permitting the restoration of Vietnamese nationality, decision recognizing the adoption of a foreign child, and decision permitting a foreigner to adopt a Vietnamese child.

As regulated above, one of the following papers can prove one’s Vietnamese nationality:

- Birth certificate; in case the birth certificate does not clearly state the Vietnamese nationality of the holder, papers proving his/her parents’ Vietnamese nationality are required.

- People’s identity card;

- Vietnamese passport;

- Decision permitting the naturalization in Vietnam, decision permitting the restoration of Vietnamese nationality, decision recognizing the adoption of a foreign child, and decision permitting a foreigner to adopt a Vietnamese child.

Who has the authority to decide on the renunciation of Vietnamese nationality residing in the country?

Based on the provisions of Sub-section 3, Section 3, Part 2 of the amended and supplemented Administrative Procedure, and the abolished administrative procedures in the field of nationality under the jurisdiction of the Ministry of Justice, as stated in Decision 1217/QD-BTP in 2020 regarding the procedure for renouncing Vietnamese nationality residing in the country:

Procedure for renouncing Vietnamese nationality residing in the country:

...

Number of sets of documents: 03

Processing time: 75 days (actual processing time at competent authorities)

Applicant: Individual

Competent authority: President of the country

Implementing agency: Department of Justice, Ministry of Justice

Coordinating agency: Provincial Police Department

Result of the administrative procedure: Decision to allow the renunciation of Vietnamese nationality by the President

Fee: 2,500,000 VND

Application form:

- Application for renouncing Vietnamese nationality (Form TP/QT-2020-DXTQT.1)

- Application for renouncing Vietnamese nationality (To be used by guardians/legal representatives submitting the application on behalf of the person under guardianship/representation) (Form TP/QT-2020-DXTQT.2)

- Personal background declaration form (Form TP/QT-2020-BKLL)

Therefore, according to the legal provisions, the competent authority to decide on the renunciation of Vietnamese nationality residing in the country is the President of the country.

Best regards!