What are the cases of deprivation of Vietnamese nationality? May a person who has been deprived of his/her Vietnamese nationality be considered for restoration of Vietnamese nationality? - Song Thi (Da Nang, Vietnam)
Article table of contents
What are the cases of deprivation of Vietnamese nationality? (Internet image)
1. What are the cases of deprivation of Vietnamese nationality?
According to the provisions of Article 31 of the Law on Vietnamese Nationality 2008, Vietnamese citizens residing abroad may be deprived of their Vietnamese nationality if they commit acts of serious harm to national independence or career. to build and defend the Vietnamese Fatherland or to the prestige of the Socialist Republic of Vietnam.
Persons who have been naturalized in Vietnam under Article 19 of the Law on Vietnamese Nationality 2008, regardless of whether they reside inside or outside the Vietnamese territory, may be deprived of Vietnamese nationality, if they commit acts specified in Clause 1 of this Article.
2. Request for denaturalization of Vietnamese nationality
Article 22 of Decree 16/2020/ND-CP stipulates the request for denaturalization of Vietnamese nationality as follows:
- In case provincial People’s Committees or representative bodies request denaturalization of Vietnamese nationality of persons committing violations specified in Clause 1 Article 31 of Law on Vietnamese Nationality 2008, requesting documents shall include:
+ Written request of provincial People’s Committees or representative bodies regarding denaturalization of Vietnamese nationality;
+ Documents and files on investigation, verification and conclusion of competent agencies regarding violations of persons subject to request for denaturalization of Vietnamese nationality;
+ Written accusations against persons subject to request for denaturalization of Vietnamese nationality, if any.
- In case courts that judge defendants committing violations in Clause 1 Article 31 of Law on Vietnamese Nationality 2008 request denaturalization of the defendants, requesting documents shall include:
+ Written request of the courts regarding denaturalization of Vietnamese naturalization;
+ Legally valid judgments and relevant documents.
3. Order of and procedures for deprivation of Vietnamese nationality in Vietnam
Order of and procedures for deprivation of Vietnamese nationality shall comply with the provisions of Article 32 of the Law on Vietnamese Nationality 2008, specifically including the following steps:
Step 1: Verify the complaint or denunciation about harmful acts specified in Clause 1, Article 31 of the Law on Vietnamese Nationality 2008.
Specifically, within 15 days after the date of detecting or receiving a complaint or denunciation about an act prescribed in Clause 1, Article 31 of this Law, the provincial-level People’s Committee or overseas Vietnamese representative mission shall conduct verification, if obtaining sufficient grounds, it shall compile a dossier to propose the President to deprive the person committing such act of his/her Vietnamese nationality.
Courts which have adjudicated persons committing acts defined in Clause 1 of Article 32 of the Law on Vietnamese Nationality 2008 shall compile a dossier to propose the President to deprive these persons of their Vietnamese nationality.
Step 2: Submit a petition to revoke Vietnamese nationality
Dossiers of proposal for deprivation of Vietnamese nationality shall be sent to the Ministry of Justice.
Step 3: Verify the application file for deprivation of Vietnamese nationality
Within 30 days after the receipt of a dossier from the provincial-level People’s Committee, overseas Vietnamese representative mission or court, the Ministry of Justice shall assume the prime responsibility for, and coordinate with the Ministry of Public Security, the Ministry of Foreign Affairs and other relevant ministries and branches in, examining the dossier of proposal for deprivation of Vietnamese nationality and report the case to the Prime Minister for submission to the President for consideration and decision.
Step 4: Make a decision to revoke Vietnamese nationality
The President shall consider and make decision within 20 days after the receipt of the Prime Minister’s proposal.
4. May a person who has been deprived of his/her Vietnamese nationality be considered for restoration of Vietnamese nationality?
Pursuant to Clause 3, Article 23 of the Law on Vietnamese Nationality 2008, 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.
5. How to determine the Nationality of minor children whose parents are deprived of Vietnamese nationality?
Article 36 of the Law on Vietnamese Nationality 2008 stipulates that The nationality of a minor child will not change when both of his/her parents are or either of them is deprived of Vietnamese nationality or the decision on the grant of Vietnamese nationality is annulled.
Nhu Mai
