Grounds for identification of persons having Vietnamese nationality

Grounds for identification of persons having Vietnamese nationality (Internet image)

1. Persons having Vietnamese nationality

Pursuant to Article 13 of the Law on Vietnamese Nationality 2008, persons having Vietnamese nationality include:

- Persons having Vietnamese nationality include those who have Vietnamese nationality by the effective date of this Law and those who acquire Vietnamese nationality under Law on Vietnamese Nationality 2008.

- Overseas Vietnamese who have not yet lost Vietnamese nationality as prescribed by Vietnamese law before the effective dale of Law on Vietnamese Nationality 2008 may retain their Vietnamese nationality and within 5 years after the effective date of Law on Vietnamese Nationality 2008, shall make registration with overseas Vietnamese representative missions to retain Vietnamese nationality.

2. Grounds for identification of persons having Vietnamese nationality

In Article 14 of the Law on Vietnamese Nationality 2008, the grounds for identification of persons having Vietnamese nationality are as follows:

A person is determined to have Vietnamese nationality on one of the following grounds:

- By birth, as prescribed in Articles 15, 16 and 17 of Law on Vietnamese Nationality 2008;

- Having been naturalized in Vietnam;

- Having Vietnamese nationality restored;

- On the grounds defined in Articles 18, 35 and 37 of Law on Vietnamese Nationality 2008;

- On the grounds defined in treaties to which the Socialist Republic of Vietnam is a contracting party.

3. The nationality of children whose parents are Vietnamese citizens

Article 15 of the Law on Vietnamese Nationality 2008 stipulates the nationality of children whose parents are Vietnamese citizens as follows:

A child born inside or outside the Vietnamese territory whose parents, at the time of his/her birth, are both Vietnamese citizens has Vietnamese nationality.

4. The nationality of children either of whose parents is a Vietnamese citizen

Pursuant to Article 16 of the Law on Vietnamese Nationality 2008, the nationality of children either of whose parents is a Vietnamese citizen is as follows:

- A child born inside or outside the Vietnamese territory either of whose parents is a Vietnamese citizen and the other is a stateless person at the time of his/her birth or whose mother, at the time of his/her birth, is a Vietnamese citizen and whose father is unknown, has Vietnamese nationality.

- A child either of whose parents is a Vietnamese citizen at the time of his/her birth and the other is a foreign national has the Vietnamese nationality if so agreed in writing by his/her parents at the time of birth registration.

In case a child is born in the Vietnamese territory but his/her parents fail to reach an agreement on the selection of his/her nationality, the child has Vietnamese nationality.

5. The nationality of children whose parents are stateless persons

In Article 17 of the Law on Vietnamese Nationality 2008, the nationality of children whose parents are stateless persons is as follows:

- A child born in the Vietnamese territory whose parents, at the time of his/her birth, are both stateless persons with a permanent residence in Vietnam has Vietnamese nationality.

- A child born in the Vietnamese territory whose mother, at the time of his/her birth, is a stateless person with a permanent residence in Vietnam and whose father is unknown, has Vietnamese nationality.

6. The nationality of abandoned newborns and children found in the Vietnamese territory

According to Article 18 of the Law on Vietnamese Nationality 2008, the nationality of abandoned newborns and children found in the Vietnamese territory is as follows:

- Abandoned newborns and children found in the Vietnamese territory whose parents are unknown, have Vietnamese nationality.

- A child specified in Clause 1 of Article 18 of the Law on Vietnamese Nationality 2008 who is aged under full 15 years will no longer have Vietnamese nationality in the following cases:

+ He/she has found his/her parents who hold single foreign nationality;

+ He/she has found his/her mother or father who holds single foreign nationality.

Ngoc Nhi

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