When resolving disputes about nationality, we must first rely on the provisions of Article 14 of the 2008 Law on Vietnamese Nationality, amended and supplemented in 2014 to determine Vietnamese nationality:

“Article 14. Grounds for identification of persons having Vietnamese nationality

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

1. By birth, as prescribed in Articles 15, 16 and 17 of this Law;

2. Having been naturalized in Vietnam;

3. Having Vietnamese nationality restored;

4. On the grounds defined in Articles 18, 35 and 37 of this Law;

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

Based on the requests of the litigants, the Court relies on the provisions of the Law on Vietnamese Nationality 2008 amended and supplemented in 2014 has determined the nationality of the subject in dispute or requesting determine nationality.

It should be noted that marriage, divorce, and annulment of illegal marriages between Vietnamese citizens and foreigners do not change the Vietnamese nationality of the parties involved, nor of their minor children (Article 9 of the 2008 Nationality Law).

Children born with one parent who is a Vietnamese citizen and the other parent who is stateless, or whose mother is a Vietnamese citizen and whose father is unknown, have Vietnamese nationality, regardless of That child was born inside or outside the territory of Vietnam.

Children born to one parent who is a Vietnamese citizen and the other parent is a foreign citizen will have Vietnamese nationality if there is a written agreement from the parents at the time of birth registration of the child (Article 16 of the 2008 Nationality Law).

For this type of matter, when writing a summary in the judgment, it must be written: Regarding the dispute between an individual and an individual regarding Vietnamese nationality.

In cases where there is no dispute between the parties about Vietnamese nationality and the parties agree to request a state agency to consider changing their nationality or apply for a certificate of Vietnamese nationality, it is not within their jurisdiction. resolved by the Court, which falls under the jurisdiction of the President or the People's Committee.