1. Concept of dual nationality

Dual citizenship is the legal status of a person holding two nationalities at the same time. This is a special situation because each person at birth usually has only one nationality. This situation also leads to many complicated problems for both the litigants themselves and the competent authorities of the countries of which they are nationals.

The reason why in reality there is a phenomenon of having two or more nationalities is due to a number of reasons such as: due to conflicting laws on nationality of different countries, due to people who have acquired a new nationality without losing their nationality. old nationality, children born to parents of different nationalities....

In international relations, signing bilateral or multilateral international treaties is one of the relatively effective measures to limit dual nationality. When signing, the parties can agree to include the principle of effective nationality in the content of the treaty. According to this principle, people with dual nationality of the two signatory countries will only be considered citizens (that is, have nationality) of the country to which they are essentially most closely attached if within a certain period of time they do not choose to give up their citizenship. Be a national of one of the two countries.

2. Cases where Vietnamese people can have dual nationality

The Vietnamese Nationality Law does not allow Vietnamese citizens to hold dual nationality except in special cases such as those authorized by the President; In case of applying to return to Vietnamese nationality...

The first:According to the provisions of Clause 2, Article 13 of the Law on Vietnamese Nationality, "Vietnamese people residing abroad who have not lost their Vietnamese nationality according to the provisions of Vietnamese law before the effective date of this Law still have Vietnamese.

Monday:In case of acquiring Vietnamese nationality without having to renounce foreign nationality.

According to Clauses 2 and 3, Article 19 of the Law on Vietnamese Nationality, the following people, in special cases, if permitted by the President, can naturalize in Vietnam without having to renounce their foreign nationality:

a) Being the wife, husband, biological father, biological mother or biological child of a Vietnamese citizen;
b) Have special meritorious contributions to the cause of building and protecting the Fatherland
Vietnam;
c) Beneficial to the State of the Socialist Republic of Vietnam.

Article 9 of Decree No. 16/2020ND-CP dated February 3, 2020 of the Government guiding a number of articles and measures to implement the Law on Vietnamese Nationality, stipulating special cases of applying for Vietnamese nationality and simultaneously applying to keep Foreign nationality is the case when all of the following conditions are fully met:

1. Be eligible for Vietnamese nationality according to the provisions of the Law on Vietnamese Nationality.

2. Having special meritorious contributions to the cause of building and protecting the Vietnamese Fatherland and naturalizing and retaining foreign nationality is beneficial to the State of the Socialist Republic of Vietnam.

3. The person's request to retain foreign nationality when acquiring Vietnamese nationality is in accordance with the law of that foreign country.

4. Renunciation of foreign nationality results in that person's rights abroad being affected.

5. Do not use foreign nationality to harm the legitimate rights and interests of agencies, organizations and individuals; harming the security, national interests, social order and safety of the State of the Socialist Republic of Vietnam.

Tuesday:Apply to return to Vietnamese nationality and at the same time apply to maintain foreign nationality

According to the provisions of Clause 5, Article 23 of the Law on Vietnamese Nationality

“Persons who can regain Vietnamese nationality must renounce their foreign nationality, except for the following people, in special cases, if permitted by the President:
a) Being the wife, husband, biological father, biological mother or biological child of a Vietnamese citizen;
b) Have special meritorious contributions to the cause of building and protecting the Fatherland
Vietnam;
c) Beneficial for the State of the Socialist Republic of Viet Nam

According to the provisions of Article 14, Decree No. 16/2020/ND-CP, "A person applying to restore Vietnamese nationality falls into one of the cases specified in Clause 5, Article 23 of the Law on Vietnamese Nationality if he fully meets the requirements. The following conditions are considered special cases to submit to the President for consideration of returning Vietnamese nationality without having to renounce foreign nationality:

1. Are eligible to return to Vietnamese nationality according to the provisions of the Law on Vietnamese Nationality.

2. The person's request to retain foreign nationality when returning to Vietnamese nationality is in accordance with the law of that foreign country.

3. Renunciation of foreign citizenship results in the person's rights in the country of nationality being affected.

4. Do not use foreign nationality to harm the legitimate rights and interests of agencies, organizations and individuals; harming the security, national interests, social order and safety of the State of the Socialist Republic of Vietnam.

Thus, according to the above regulations, it can be understood that Vietnam has allowed citizens to hold dual nationality. However, it is necessary to clearly realize that these are all special cases where, with the permission of the President, one can hold two nationalities (dual nationality).

3. Some notes for people with dual nationality

– You must use the passport of your current country of citizenship to enter and exit that country. For example: You have American and Vietnamese citizenship. When leaving the US, you must use an American passport. When entering Vietnam, you must use a Vietnamese passport and vice versa when returning. However, when checking in to airlines, you must present both passports to prove that you do not need a visa for the country you are flying to.

– When arriving in a third country, depending on the border management policy of that country, you can flexibly use your passport accordingly and economically.

For example: You should use an Australian passport to enter Japan because it does not require a visa, while a Vietnamese passport requires a visa. Or you should use a Vietnamese passport to enter Indonesia because it is visa-free, while an Australian passport is not. Therefore, American, Australian, British... passports are not always more convenient or better. Vietnamese passport is quite convenient when traveling between ASEAN countries.

– Never apply for a visa to enter the country where you hold citizenship. Citizens of a country never need a visa to enter or leave their country. For example, you may encounter a situation where a travel agency employee does not have the information and requires you to affix a visa to your Vietnamese passport when buying a plane ticket to the US while you have both citizenships.

– You should bring all your passports when traveling or working to any country. It helps you get help from all your ambassadors or consulates when required or in cases of force majeure

4. How many nationalities are Vietnamese citizens allowed to have?

Article 4 of the Law on Vietnamese Nationality stipulates the principle of nationality, according to which the State of the Socialist Republic of Vietnam recognizes that Vietnamese citizens have one nationality, which is Vietnamese nationality, unless otherwise prescribed by this Law. other. Thus, in some exceptional cases, Vietnam still allows citizens to hold dual nationality according to the Nationality Law.

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 towards the State and the rights and responsibilities of the State. Socialist Republic of Vietnam for Vietnamese citizens.

In the Socialist Republic of Vietnam, every individual has the right to have a nationality. Vietnamese citizens are not deprived of Vietnamese nationality, except in the cases specified in Article 31 of this Law.

Article 31. Grounds for deprivation of Vietnamese nationality

1. Vietnamese citizens residing abroad may be stripped of their Vietnamese nationality if they commit acts that seriously harm national independence, the cause of building and protecting the Vietnamese Fatherland, or prestige of the Socialist Republic of Vietnam.

2. A person who has naturalized Vietnamese nationality according to the provisions of Article 19 of this Law, whether residing in or outside the territory of Vietnam, may be stripped of Vietnamese nationality if they commit the acts specified in Clause 1 of this Article. .

The State of the Socialist Republic of Vietnam is a unified State of all ethnic groups living together on the Vietnamese territory, all members of all ethnic groups are equal in the right to have Vietnamese nationality.

Article 4 of the Vietnamese Nationality Law stipulates the principles of nationality:“The State of the Socialist Republic of Vietnam recognizes that Vietnamese citizens have one nationality, which is Vietnamese nationality, unless otherwise provided for by this Law.”

Based on the provisions of Vietnamese law, Vietnamese citizens only have one Vietnamese nationality. Therefore, each Vietnamese citizen has only one passport, which is a Vietnamese passport. However, in some exceptional cases, Vietnam still allows citizens to hold dual nationality. This is a new point stipulated in the 2008 Nationality Law effective from July 1, 2009, according to which the Vietnamese people have the right to retain their original nationality and they still have the right to naturalize in the country they live in.

The 2014 Law amending and supplementing the Nationality Law allows some citizens to have dual nationality: those authorized by the President; In case of applying to return to Vietnamese nationality; Vietnamese people residing abroad and have acquired foreign nationality but still want to keep Vietnamese nationality; children are adopted.

In current reality, in many cases Vietnamese people residing abroad are granted passports and recognized nationality by foreign parties (based on each country's own laws, some countries do not require Vietnamese citizens to renunciation of nationality), so the fact that Vietnamese citizens have 2 nationalities and use 2 passports at the same time is not contrary to the provisions of law.

5. Regulations on nationality for officials, civil servants and the Vietnamese people's armed forces

Clause 4, Article 27 of the Law on Nationality stipulates that cadres, civil servants and those serving in the Vietnamese people's armed forces may not renounce Vietnamese nationality.

Article 22 of the Law on Organization of the National Assembly currently in effect regulates the standards for National Assembly Delegates, thereby only requiring National Assembly Delegates to meet the standards, including:

- Loyal to the Fatherland, People and Constitution, striving to carry out the reform process, for the goal of wealthy people, strong country, democracy, fairness and civilization.

- Have good moral qualities, be diligent, thrifty, honest, upright, impartial, and exemplary in obeying the law; Have courage and resolutely fight against corruption, waste, all manifestations of bureaucracy, arrogance, nepotism and other violations of the law.

- Have educational and professional qualifications, have enough capacity, health, work experience and reputation to perform the duties of a National Assembly deputy.

- Close contact with the People, listen to the People's opinions, and gain the People's trust.

- Have conditions to participate in activities of the National Assembly.

Law amending and supplementing a number of articles of the Law on Organization of the National Assembly (effective from January 1, 2021) adding point a after Clause 1, Article 22 with the requirement for National Assembly deputies"has one nationality which is Vietnamese nationality".