The latest Vietnamese Nationality Law, Law No. 24/2008/QH12, amended in 2014, addresses crucial citizenship matters affecting both domestic and foreign citizens, as well as state politics. How have the provisions of the Nationality Law regulated emerging relationships in the field of citizenship? Let's explore this issue further in the following article by Mytour.

The Nationality Law is a legal document that governs relationships in the field of nationality, including the rights, obligations of citizens, nationality principles, etc. Compared to previous regulations, the Vietnamese Nationality Law of 2008 has undergone significant changes to meet practical requirements.

In which year was the Vietnamese Nationality Law enacted? Explore the basic content of the 2008 Nationality Law, amended in 2014.
 

* Download the latest nationality law HERE
 

1. Basic information about nationality law

- Nationality law is a concise term referring to the Vietnamese Nationality Law.

- Currently, the 2008 Nationality Law is in effect, with certain provisions amended and supplemented by the 2014 Vietnamese Nationality Law. Therefore, for convenience, readers can also use the consolidated Vietnamese Nationality Law (number 05/VBHN-VPQH).

- Structure of the Law:

(1) The 2008 Vietnamese Nationality Law consists of 6 chapters with 44 articles, effective from July 1, 2009, as follows:

+ Chapter I: General provisions (from Article 1 - Article 12).

+ Chapter II: Vietnamese Nationality (Article 13 - Article 25)

+ Chapter III: Loss of Vietnamese Nationality (Article 26 - Article 34)

+ Chapter IV: Change of nationality for minors and adopted children (Article 35 - Article 37)

+ Chapter V: Responsibilities of state agencies regarding nationality (Article 38 - Article 41)

+ Chapter VI: Implementation Provisions (Article 42 - Article 44)

The 2008 Vietnamese Nationality Law takes effect from July 1st, 2009.

(2) The 2014 Amended Vietnamese Nationality Law takes effect from June 26th, 2014. Accordingly, it amends Article 13 of the 2008 Vietnamese Nationality Law and repeals paragraph 3 of Article 26 of this law.

2. Some fundamental aspects of nationality law

2.1. Principles of nationality

The 2008 Vietnamese Nationality Law states: The state recognizes Vietnamese citizens as having one nationality, which is Vietnamese nationality, except where this Law provides otherwise.

This provision reaffirms the principle of single nationality previously established in the 1988 and 1998 Vietnamese Nationality Laws, demonstrating continuity and ensuring consistency in national administration.

However, it must also be emphasized that this provision is more flexible and adaptable than previous regulations. Current legislation allows for more than one nationality in special cases as stipulated.

Some prominent aspects of the Nationality Law: Principles of nationality, conditions for naturalization in Vietnam,...
 

2.2. Naturalization in Vietnam

- The Vietnamese Nationality Law stipulates the conditions for foreign citizens and stateless individuals residing in Vietnam to be naturalized, including:

+ Having full capacity for civil acts as prescribed by Vietnamese law;

+ Adherence to the Constitution and laws of Vietnam; respect for the traditions, customs, and practices of the Vietnamese people;

+ Proficiency in Vietnamese sufficient to integrate into the Vietnamese community;

+ Length of residence in Vietnam: 5 years or more at the time of applying for Vietnamese naturalization;

+ Ability to maintain a livelihood in Vietnam.

- For certain individuals, the following conditions of proficiency in Vietnamese, residence, and ability to maintain a livelihood are not required:

+ Spouse, biological father, biological mother, or biological child of a Vietnamese citizen;

+ Individuals who have made special contributions to the construction and defense of the Vietnamese homeland;

+ Those who benefit the State.

- An important point to note here is that the 2008 Vietnamese Nationality Law has created maximum conditions for stateless individuals to obtain Vietnamese nationality, whereas the old law did not address this issue.

Specifically, the conditions for stateless individuals wishing to naturalize in Vietnam: These individuals do not have full identity documents, but must have resided stably within Vietnamese territory for 20 years or more by July 1, 2009, and must abide by the Constitution and laws of Vietnam.

2.3. Additional cases for Vietnamese nationality restoration

In the following cases, individuals who have lost Vietnamese nationality and wish to restore it may do so:

- Applying for repatriation to Vietnam;

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

- Making special contributions to the construction and defense of the Vietnamese homeland;

- Benefiting the Socialist Republic of Vietnam;

- Conducting investments in Vietnam;

- Having renounced Vietnamese nationality to acquire foreign nationality but not being granted foreign nationality.

Compared to the old law, the 2008 Nationality Law has added cases (1) conducting investments in Vietnam and (2) having renounced Vietnamese nationality to acquire foreign nationality but not being granted foreign nationality.

This provision has facilitated conditions for Vietnamese-origin individuals returning to invest in Vietnam to enjoy benefits like Vietnamese citizens. At the same time, it resolves the issue of many people unable to acquire foreign nationality.

2.4. Loss of Vietnamese Nationality

Article 26 of the Vietnamese Nationality Law recognizes the grounds for loss of Vietnamese nationality, including:

+ Renunciation of Vietnamese nationality.

+ Deprivation of Vietnamese nationality.

+ Newborns abandoned, children found within Vietnamese territory with unknown parents - under 15 years old in cases: Found parents where one parent only has foreign nationality; found only one parent who has foreign nationality.

+ Nationality of minors when parents renounce Vietnamese nationality.

+ According to international treaties of which Vietnam is a member.

Fundamentally, compared to the 1998 Nationality Law, this content is inherited without changes.
 

2.5. Abolition of provisions on issuance of Vietnamese nationality certificates, certificates of loss of Vietnamese nationality

- Previously, the 1998 Vietnamese Nationality Law had provisions on the issuance of Vietnamese nationality certificates, certificates of loss of Vietnamese nationality.

- However, this content is no longer regulated in the 2008 nationality law. The reason for abolishing these provisions is because, in practice, the demand for obtaining these certificates is not significant. Citizens can use other documents to prove Vietnamese nationality. Regarding cases of loss of nationality, there is already a decision by the President.

Above are some basic contents of the nationality law. This is the legal basis for resolving the relationship between individuals and the state, specifically regulating possible cases of nationality for each person.

Moreover, to gain more knowledge and understanding of the law, readers can follow the contents of other legal documents such as: International Law, Civil Law, Citizenship Law,...