Nationality is a legal status that represents the relationship between citizens of a country and the state where they have citizenship, this is membership of a country or a sovereign state. Countries have the right to decide their citizens. These determinations are part of nationality law. In some cases, nationality determination is based on international law.

Vietnamese law regulates the acquisition of Vietnamese nationality for foreigners and renunciation of Vietnamese nationality. However, there are many questions: After relinquishing Vietnamese nationality, can I regain Vietnamese nationality? Let's learn about this issue together.

1, Regulations on nationality in Vietnam

In Vietnam, based on Article 1 of the Law on Nationality, it is stipulated that "Vietnamese nationality represents an individual's close relationship with the State of the Socialist Republic of Vietnam, giving rise to the rights and obligations of Vietnamese citizens." Vietnam towards the State and the rights and responsibilities of the State of the Socialist Republic of Vietnam towards Vietnamese citizens", In the Socialist Republic of Vietnam, every individual has the right to have a nationality. In addition, the Nationality Law also regulates the determination, admission, renunciation, deprivation, and return of Vietnamese nationality.

Article 31 of the 2015 Civil Code stipulates the rights to nationality of citizens as follows:

“Article 31. Right to nationality

1. Individuals have the right to have a nationality.

2. Determination, change, admission, relinquishment, and return to Vietnamese nationality are regulated by the Vietnamese Nationality Law.

3. The rights of stateless people residing and living in the territory of Vietnam are guaranteed by law.”

Thus, renunciation and re-entry of Vietnamese nationality is the right of every Vietnamese citizen. The right to nationality in the 2015 Civil Code itself is only general regulations. However, the 2008 Nationality Law, amended in 2014, has more clear regulations on this issue.

2, Give up Vietnamese nationality

Question: Hello Lawyer, I am Vietnamese. In 2020, I met and got to know my husband who is an American citizen. After getting married in Vietnam, I want to follow my husband to the US to live and become an American citizen. So, do I have to proceed with renunciation of Vietnamese nationality and what are the procedures? Thank you

Consulting lawyer: Thank you for your question, I would like to answer the issue on behalf of Minh Khue Law as follows.

Renunciation of Vietnamese nationality is the termination of a Vietnamese person's legal rights and obligations towards the Socialist Republic of Vietnam, indicating that they are no longer Vietnamese citizens, meaning that they are no longer Vietnamese citizens. lost Vietnamese nationality.

Pursuant to Clause 1, Article 27, regulations on grounds for relinquishing Vietnamese nationality

"first. Vietnamese citizens who apply to renounce their Vietnamese nationality to acquire foreign nationality can have their Vietnamese nationality renounced."

Thus, in the above case, before acquiring American citizenship, you can renounce your Vietnamese citizenship. However, the 2008 Law on Vietnamese Nationality, amended and supplemented in 2014, has regulations on people allowed to hold dual nationality. Individuals are entitled to dual citizenship and are recognized by Vietnamese law, including:

- Please return to Vietnamese nationality;

- Authorized by the President;

- Vietnamese people residing abroad and have naturalized this country but still retain or want to acquire Vietnamese nationality;

- People whose biological parents, spouse, and biological children are Vietnamese citizens will be granted Vietnamese nationality and retain their existing nationality;

- Adopted children who want to naturalize.

Based on the above, Vietnamese citizens have the right to retain their original Vietnamese nationality while possessing nationality in another country where they are living, for example American nationality.

In her case, America is a country that allows its citizens to hold dual citizenship. So, when you naturalize in the US, you can still retain your Vietnamese nationality or after applying to renounce your Vietnamese nationality, you can still apply for re-entry.

3, Procedures for relinquishing Vietnamese nationality

Step 1: Prepare legal documents including:

- Application for renunciation of Vietnamese nationality;

- Background statement;

- Copy of Vietnamese Passport, Identity Card or other documents specified in Article 11 of the 2008 Nationality Law;

- Judicial record card issued by a competent Vietnamese agency. The criminal record certificate must be issued no more than 90 days before the date of application submission;

- Documents certifying that the person is applying for foreign nationality, unless the law of that country does not regulate the issuance of this document;

- Certificate of no tax debt issued by the Tax Department where the person applying to renounce Vietnamese nationality resides.

- Confirmation from the Tax authority that there is no tax debt at the place where the person applying to renounce Vietnamese nationality resides. For Vietnamese citizens who are no longer permanently residing in Vietnam, they do not have to submit this document.

- Certificate of the Head of the unit where the officer, civil servant, or employee serving in the Vietnam People's Armed Forces has worked to prove that there has been a decision to retire, quit, or be exempted. appointed, dismissed, dismissed, discharged, or demobilized to confirm that the person's relinquishment of Vietnamese nationality does not harm the national interests of Vietnam.

Step 2: Submit application for renunciation of citizenship at the Department of Justice where you reside

Step 3: Competent agencies accept and resolve the request for renunciation of nationality

- The person handling the application is responsible for checking the validity of the documents in the application. In case the dossier is not complete and valid, instructions will be given to supplement and complete it. If the dossier is complete and valid, the person accepting the dossier records it in the Acceptance Book and issues a dossier acceptance slip according to the prescribed form to the applicant.

- After posting the above information, the person handling the application will request the provincial police agency to verify the identity of the person applying to renounce Vietnamese nationality.

- After receiving the information verification results, the Department of Justice is responsible for completing the dossier and submitting it to the Chairman of the Provincial People's Committee.

- The Chairman of the Provincial People's Committee is responsible for reviewing, concluding and proposing opinions to the Ministry of Justice.

- The Ministry of Justice is responsible for re-checking the dossier. If it is deemed that the person applying to renounce Vietnamese nationality is eligible to renounce Vietnamese nationality, the Minister of Justice, authorized by the Prime Minister, will sign the Proposal. proposed to the President for consideration and decision.

The time limit for processing a request to renounce Vietnamese nationality is within 75 working days. The fee published on the national public service portal is 2,500,000 VND.

4, Re-enter Vietnamese nationality

Question: Hello Lawyer, my parents are Vietnamese, I was born and registered with Vietnamese nationality. When I was 18 years old, I followed my family to Canada to live. I was relinquished my Vietnamese citizenship and became a Canadian citizen. This year I am 40 years old and wish to return to Vietnam to live. So, in that case, can I regain Vietnamese citizenship or not?

Consulting lawyer: Thank you for your question, I would like to answer the issue on behalf of Minh Khue Law as follows.

Unlike the case of naturalization in Vietnam, returning to Vietnamese nationality is for individuals who previously had Vietnamese nationality but lost Vietnamese nationality and now wish to regain Vietnamese nationality. Male. However, not all individuals who have lost Vietnamese nationality are allowed by law to regain Vietnamese nationality.

According to the provisions of Article 26 of the 2008 Vietnamese Nationality Law, grounds for losing Vietnamese nationality include:

"first. Okay, Vietnamese nationality.

2. Stripped of Vietnamese nationality.

3. Failure to register to retain Vietnamese nationality as prescribed in Clause 2, Article 13 of this Law.

4. According to the provisions of Clause 2, Article 18 and Article 35 of this Law.

5. According to international treaties to which the Socialist Republic of Vietnam is a member.”

Returning Vietnamese nationality is only allowed by Vietnamese law in cases where the loss of Vietnamese nationality falls under one of the following cases:

- An individual may relinquish Vietnamese nationality or if his/her Vietnamese nationality is revoked, at least 5 years must have passed since the date of revocation of Vietnamese nationality;

- This individual previously held Vietnamese nationality due to being an abandoned newborn, a child found on Vietnamese territory whose father and mother were unknown, but later lost Vietnamese nationality due to immigration. When he was under 15 years old, he found his father and mother, but the father and mother only had foreign nationality; and

- This individual was previously a minor child living with his or her father or mother, but the father or mother or both were allowed to renounce Vietnamese nationality and there is a written agreement to renounce Vietnamese nationality for this individual.

In case you once had and lost Vietnamese nationality in one of the above cases, you may be considered for permission to regain Vietnamese nationality if you fall into one of the following cases, based on: Pursuant to Article 23 of the 2008 Vietnamese Nationality Law:

- Please repatriate to Vietnam;

- Have a spouse, biological father, biological mother or biological child who is a Vietnamese citizen;

- Have special meritorious contributions to the cause of building and protecting the Vietnamese fatherland;

- Beneficial for the State of Vietnam;

- Make investments in Vietnam; and

- Has renounced Vietnamese nationality to acquire foreign nationality, but is not allowed to acquire foreign nationality.

So, after giving up Vietnamese nationality, because you want to return to Vietnam to live, Vietnamese law allows you to return to Vietnamese nationality. In case you want to return to Vietnamese nationality, you and your relatives must regain your previous Vietnamese name.

5, Order and procedures for applying to return to Vietnamese nationality

To apply for return to Vietnamese nationality, individuals must follow the legal procedures, specifically as follows:

Step 1: Prepare 03 sets of documents to apply for return to Vietnamese nationality, including:

- Application to return to Vietnamese nationality;

- Copy of birth certificate, passport or other documents with replacement value;

- Background statement

- Judicial record card issued by a competent Vietnamese agency for the time the applicant to restore Vietnamese nationality resides in Vietnam, a criminal record card issued by a foreign competent agency for during the time the applicant for return to Vietnamese nationality resides abroad. The criminal record certificate must be issued no more than 90 days before the date of submission of the supporting documents;

- Documents proving that the person applying to return to Vietnamese nationality once had Vietnamese nationality;

- Documents proving eligibility to regain Vietnamese nationality.

In case there is a minor child who regains Vietnamese nationality according to the parents, the requester must submit a copy of the child's birth certificate or other documents proving the father-child and mother-child relationship. In case only one parent returns to Vietnamese nationality and the minor child living with that person also returns to Vietnamese nationality according to the parent, you must submit a written agreement from the parents on the return to nationality. My Vietnam.

Note, in the application to restore Vietnamese nationality, you must commit to renouncing foreign nationality for yourself and your minor children (if any) unless you can provide documents proving yourself and your minor children (if any). Yes) are in a special category to apply to retain foreign nationality or are stateless.

Step 2: Submit documents to the competent authority.

Submit 03 sets of documents to restore Vietnamese nationality to the Department of Justice of the place of residence in case of domestic residence. If residing abroad, the application to restore Vietnamese nationality will be submitted to the Vietnamese representative agency abroad.

Step 3: Receive the results of processing the application.

The process of processing applications to restore Vietnamese nationality also involves the review, appraisal of documents, and verification of many agencies including the Department of Justice or Vietnamese representative agencies abroad, and the police. Provincial level, Chairman of the Provincial People's Committee, Minister of Justice, Prime Minister and President. If deemed eligible to apply for restoration of Vietnamese nationality, the Ministry of Justice will send a written notice to the person applying for re-entry of nationality to carry out procedures for renunciation of foreign nationality, unless they apply to retain their nationality. foreign nationality or they are stateless. The President will make the final decision and issue the decision to approve or deny their application to return to citizenship.

The processing time for applications for Vietnamese nationality according to law is 85 working days from the date of receipt of valid documents. However, the actual processing time may be prolonged during the process of verifying documents or during the process of transferring documents between agencies or during the process of applying for renunciation of foreign nationality.