Grounds on renunciation of Vietnamese nationality

Grounds on renunciation of Vietnamese nationality (Image from the Internet)

1. Grounds on renunciation of Vietnamese nationality

According to Article 27 of the Vietnamese Nationality Law 2008, regulations on the grounds for renunciation of Vietnamese nationality are as follows:

- A Vietnamese citizen who applies to renounce Vietnamese nationality to acquire foreign nationality may be permitted to renounce Vietnamese nationality.

- An individual applying for renunciation of Vietnamese nationality will not be granted renunciation, if they fall into one of the following categories:

+ Owing taxes to the State or having asset obligations to organizations or individuals in Vietnam;

+ Being subject to criminal prosecution;

+ Serving sentences, decisions of Vietnamese courts;

+ Being detained pending sentence enforcement;

+ Undergoing administrative measures, such as being sent to educational institutions, medical facilities, or correctional schools for treatment or reeducation.

- An individual applying for renunciation of Vietnamese nationality will not be allowed to renounce Vietnamese nationality if it is detrimental to the national interest of Vietnam.

- Officers, officials, and persons serving in the People’s Armed Forces of Vietnam are not permitted to renounce Vietnamese nationality.

2. Procedures for processing applications for renunciation of Vietnamese nationality

The procedures for processing applications for renunciation of Vietnamese nationality as stated in Article 29 of the Vietnamese Nationality Law 2008 are as follows:

- An individual applying for renunciation of Vietnamese nationality who resides domestically should submit their application to the Department of Justice at their place of residence. If residing abroad, the application should be submitted to the Vietnamese representative agency in the host country. If the application lacks the documents required as stipulated in Article 28 of the Vietnamese Nationality Law 2008 or is not valid, the receiving agency will promptly notify the applicant to supplement and complete the application.

- For applicants residing domestically, within 5 working days from the date of receiving a complete valid application, the Department of Justice is responsible for announcing the application for renunciation of Vietnamese nationality in a local newspaper or online in three consecutive issues and publish on the electronic information site of the Ministry of Justice; for applicants residing abroad, within 5 working days from the receipt of a complete valid application, the Vietnamese representative agency abroad must publish the announcement about the application for renunciation of Vietnamese nationality on its electronic information site.

The announcement on the electronic information site must be retained for at least 30 days from the date of publication.

- Within 5 working days from the receipt of a complete valid application, the Department of Justice sends a request to the provincial police authority to verify the identity of the applicant for renunciation of Vietnamese nationality.

Within 20 days from the receipt of the request of the Department of Justice, the provincial police authority must verify and send the results to the Department of Justice. During this period, the Department of Justice must review the application documents for renunciation of Vietnamese nationality.

Within 5 working days from receiving the verification result, the Department of Justice must complete the application and submit it to the Chairman of the provincial People's Committee.

Within 5 working days from receiving the proposal of the Department of Justice, the Chairman of the provincial People's Committee must review, conclude, and propose opinions to the Ministry of Justice.

- Within 20 days from the receipt of a complete valid application, the Vietnamese representative agency abroad is responsible for reviewing and forwarding the application along with proposed opinions regarding the renunciation of Vietnamese nationality to the Ministry of Foreign Affairs to forward to the Ministry of Justice.

If necessary, the Ministry of Justice may request the Ministry of Public Security to verify the identity of the person applying for renunciation of Vietnamese nationality.

- Within 20 days from receiving the proposal of the Chairman of the provincial People's Committee or from the Vietnamese representative agency abroad, the Ministry of Justice is responsible for reviewing the application, if it finds the applicant eligible for renunciation of Vietnamese nationality, it shall report to the Prime Minister the Government of Vietnam to submit to the President for consideration and decision.

- Within 20 days from receiving the proposal from the Prime Minister of the Government of Vietnam, the President will consider and decide.

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