Request for denaturalization and annulment of decision on naturalization of Vietnamese nationality

Request for denaturalization and annulment of decision on naturalization of Vietnamese nationality (Internet image)

Regarding this issue, LawNet responded as follows:

1. Grounds for deprivation and annulment of decisions on the grant of Vietnamese nationality 

1.1. Grounds for deprivation of Vietnamese nationality

According to Article 31 of the Law on Vietnamese Nationality 2008, the grounds for deprivation of Vietnamese nationality are as follows:

(i) Vietnamese citizens residing abroad may be deprived of Vietnamese nationality if they commit acts that cause serious harms to the national independence, national construction and defense or the prestige of the Socialist Republic of Vietnam.

(ii) 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 (i).

1.2. Grounds for annulment of decisions on the grant of Vietnamese nationality

Specifically, Article 33 of the Law on Vietnamese Nationality 2008 stipulates the grounds for annulment of decisions on the grant of Vietnamese nationality as follows:

- In case a person who has been naturalized in Vietnam under Article 19 of the Law on Vietnamese Nationality 2008, regardless of whether he/she resides inside or outside the Vietnamese territory, has intentionally made false declarations or forged papers in applying for Vietnamese nationality, the decision on the grant of Vietnamese nationality may be annulled, if such decision has been issued for 5 years or less.

- The annulment of decisions on the grant of Vietnamese nationality of a person will not alter the nationality of his/her spouse.

2. Request for denaturalization and annulment of decision on naturalization of vietnamese nationality

2.1. Request for denaturalization of Vietnamese nationality

Request for denaturalization of Vietnamese nationality shall comply with the provisions of Article 22 of Decree 16/2020/ND-CP as follows:

(1) 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.

(2) 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.

2.2. Request for annulment of decisions on naturalization of Vietnamese nationality

According to Article 23 of Decree 16/2020/ND-CP, the request for annulment of decisions on naturalization of Vietnamese nationality includes:

(1) In case provincial People’s Committees request to annul decisions on naturalization of Vietnamese nationality of persons committing violations specified in Clause 1 Article 33 of Law on Vietnamese Nationality 2008, requesting documents shall include:

- Written request of provincial People's Committees regarding annulling decisions on naturalization of Vietnamese nationality;

- Documents and files on investigation, verification and conclusion of competent agencies regarding violations of persons subject to request for annulment of decisions on naturalization of Vietnamese nationality;

- Written accusations against persons subject to request for annulment of decisions on naturalization of Vietnamese nationality, if any.

(2) In case courts that judge defendants committing violations in Clause 1 Article 33 of Law on Vietnamese Nationality 2008 request annulment of decisions on naturalization of the defendants, requesting documents shall include:

- Written request of the courts regarding annulling decisions on naturalization of Vietnamese nationality;

- Legally valid judgments and relevant documents.

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