Hanoi: Vietnamese Americans are permitted to retain nationality while residing in Vietnam

Below are some provisions stipulated in the Nationality Law 2009 amended and supplemented in 2014 regarding whether Vietnamese Americans living in Vietnam can retain their nationality.

Firstly: For cases where Vietnamese nationality has been lost

According to Article 23 of the Nationality Law 2009 amended and supplemented in 2014 on 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.

2. Persons applying for restoration of Vietnamese nationality may not restore Vietnamese nationality, if such restoration is detrimental to Vietnam’s national interests.

3. A person who has been deprived of his/her Vietnamese nationality may only be considered for restoration of Vietnamese nationality for at least 5 years after the date he/she is deprived of Vietnamese nationality.

4. Persons applying for restoration of Vietnamese nationality shall use their previous Vietnamese names, which must be written in the decisions permitting the restoration of Vietnamese nationality.

5. Persons permitted to restore Vietnamese nationality shall renounce their foreign nationality, except for the following persons in special cases, if so permitted by the President, who:

a/ Are spouses, natural parents or natural offsprings of Vietnamese citizens;

b/ Have made meritorious contributions to Vietnam’s national construction and defense;

c/ Are helpful to the State of the Socialist Republic of Vietnam.

6. The Government shall specify conditions on restoration of Vietnamese nationality.

Secondly: Vietnamese citizens residing abroad and remaining their Vietnamese nationality

Article 13. Persons with Vietnamese nationality:

1. Persons with Vietnamese nationality include those who have Vietnamese nationality until the effective date of this Law and those who acquire Vietnamese nationality under this Law.

2. Vietnamese citizens residing abroad who have not lost their Vietnamese nationality under Vietnamese law before the effective date of this Law still retain their Vietnamese nationality.

Vietnamese citizens residing abroad who have not lost their Vietnamese nationality and do not have documents proving Vietnamese nationality under Article 11 of this Law must register with the representative office of Vietnam abroad to be identified as having Vietnamese nationality and issued a Vietnamese Passport.

For Vietnamese citizens residing abroad who concurrently have foreign nationality, if they can provide documents proving Vietnamese nationality under Article 11 of the Nationality Law of Vietnam (Birth Certificate; Identity Card; Vietnamese Passport, etc.), they are Vietnamese citizens concurrently holding foreign nationality. For inquiries on nationality, contact the Department of Civil Status, Nationality, and Authentication for guidance.

Depending on usage purposes, each type of passport will have its utility.

One of the notable matters is how to use two or more passports correctly and conveniently when traveling between countries:

• It is mandatory to use the passport of the country you hold nationality for entering and leaving that country. For example: If you are a U.S. and Vietnamese citizen. When departing the U.S., you must use a U.S. passport, and when entering Vietnam, you must use a Vietnamese passport, and vice versa when returning. However, when checking in at airlines, you must present both passports to prove that you do not need a visa for the destination country.

• Never apply for a visa to enter the country of which you are a citizen. Citizens of a country never need a visa to enter and exit their own country. For example, you might encounter a travel agent requesting you to get a visa in your U.S. passport when buying an airline ticket to Vietnam, whereas you hold both nationalities.

• When traveling to a third country, depending on the entry policy of that country, you can flexibly use your passports in a way that is appropriate and cost-saving. For example: You should use your Australian passport to enter Japan as it does not require a visa, while a Vietnamese passport does. Or use your Vietnamese passport to enter Indonesia as it is visa-free, while an Australian passport is not. Therefore, U.S., Australian, and British passports, etc., are not always more convenient and better. The Vietnamese passport is quite convenient for traveling between ASEAN countries.

• It is recommended to carry all your passports when traveling or on business to any country. It helps obtain assistance from all your embassies or consulates, if required, or in unavoidable circumstances.

Source: g-i-s.vn

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE