Can a child who is currently serving a compulsory education administrative measure be allowed to renounce Vietnamese nationality?
Can a child who is currently serving a compulsory education administrative measure be allowed to renounce Vietnamese nationality? Thank you!
According to the law in Vietnam, what is the nationality?
Pursuant to Article 1 of the Law on Vietnamese Nationality in 2008 stipulating Vietnamese nationality as follows:
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.
Can a child who is currently serving a compulsory education administrative measure be allowed to renounce Vietnamese nationality?
Pursuant to Article 27 of the Law on Vietnamese Nationality in 2008 stipulating grounds for renunciation of Vietnamese nationality as follows:
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.
Therefore, in the case of a child who is currently undergoing the administrative measure of being placed in a compulsory education facility, they will not be allowed to renounce their Vietnamese nationality under the law.
Can a child who is currently serving a compulsory education administrative measure be allowed to renounce Vietnamese nationality? - Source: Internet
When shall children applying to renounce Vietnamese nationality not have to go through the identity verification procedure?
Pursuant to Article 30 of the Law on Vietnamese Nationality in 2008 stipulating exemption from carrying out procedures for personal identity verification as follows:
Exemption from carrying out procedures for personal identity verification
The dossiers of application for renunciation of Vietnamese nationality of persons falling into any of the following cases are not required to go through the step of personal identity verification:
1. Those who are aged under 14 years;
2. Those who were born and settle abroad;
3. Those who have settled in a foreign country for 10 years or more;
4. Those who were permitted to leave Vietnam for family reunion.
As regulations above, children under the age of 14, children born and residing abroad, children who have resided abroad for 10 years or more, and children who have been allowed to leave the country under the family reunification program are not required to go through the identity verification procedure when applying to renounce Vietnamese nationality under the law.
How is the nationality of an adpoted child in Vietnam determined?
Pursuant to Article 37 of the Law on Vietnamese Nationality in 2008 stipulating nationality of adopted minor children as follows:
- A child who is a Vietnamese citizen and adopted by a foreigner will retain his/her Vietnamese nationality.
- A child who is a foreign national and adopted by a Vietnamese citizen will acquire Vietnamese nationality from the date a competent Vietnamese agency approves the adoption.
- A child who is a foreign national and adopted by parents one of whom is a Vietnamese citizen and the other is a foreign national may be permitted for naturalization in Vietnam according to the application for Vietnamese nationality filed by his/ her adoptive parents and is exempt from conditions prescribed in Clause 1, Article 19 of the Law on Vietnamese Nationality in 2008, specifically:
+ 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.
- Change of the nationality of adopted children aged between full 15 and under 18 years is subject to these persons’ consent.
Best regards!
