Chương I Luật Quốc tịch Việt Nam 1998: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1.- The right to nationality

1.In the Socialist Republic of Vietnam, each individual is entitled to have a nationality. Not any Vietnamese citizen is deprived of his/her Vietnamese nationality, except for the cases prescribed in Article 25 of this Law.

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

Article 2.- Interpretation of terms

In this Law, the following terms shall be construed as follows;

1.”Foreign nationality“ is the nationality of a country other than the Socialist Republic of Vietnam.

2.”Stateless persons“ are those who have neither Vietnamese nationality nor foreign nationality.

3.”Vietnamese living abroad“ are Vietnamese citizens and people of Vietnamese origin who permanently or temporarily reside in foreign countries.

4.”Vietnamese residing abroad“ are Vietnamese citizens and people of Vietnamese origin, who permanently reside and earn their living in foreign countries.

5.”Foreigners residing in Vietnam“ are foreign nationals and stateless persons who permanently or temporarily reside in Vietnam.

6.”Foreigners permanently residing in Vietnam“ are foreign nationals and stateless persons who permanently reside and earn their living in Vietnam.

7.”Extradition“ is the hand-over by one country to another country of a person committing a criminal act or convicted of criminal offense for which the sentence has already taken legal effect, who is present on the former's territory, so that the latter shall examine such individual for penal liability or impose penalty against him/her.

8.”Deprivation of nationality“ is a citizen’s loss of nationality under a coercive decision by the competent State agency.

Article 3.- The principle of single nationality

The State of the Socialist Republic of Vietnam recognizes that the Vietnamese citizens have only one nationality; the Vietnamese nationality.

Article 4.- The relationship between the State and its citizens

1. Persons who hold Vietnamese nationality are citizens of the Socialist Republic of Vietnam (hereafter referred to as Vietnamese citizens).

2. Vietnamese citizens shall have their citizen rights guaranteed by the State of the Socialist Republic of Vietnam and shall have to fulfill their citizen obligations toward the State and society as provided for by law.

The State of the Socialist Republic of Vietnam shall not extradite Vietnamese citizens to other countries.

Article 5.- The protection of Vietnamese living abroad

The State of the Socialist Republic of Vietnam shall protect the legitimate rights of Vietnamese living abroad.

The State agencies in the country, the diplomatic missions and consular offices of Vietnam in foreign countries shall have to take all necessary measures in accordance with the laws of such countries, the international law and practice to effect such protection.

Article 6.- The policies toward people of Vietnamese origin in foreign countries

1. The State of the Socialist Republic of Vietnam shall adopt policies to encourage and create favorable conditions for people of Vietnamese origin in foreign countries to maintain close relation with their families and native land, and contribute to the building of their native land and the country.

2. The State shall adopt policies to create favorable to create favorable conditions for persons who have lost their Vietnamese nationality to have it restored.

Article 7.- The policies toward Vietnamese citizens living in foreign countries

The State of the Socialist Republic of Vietnam shall adopt policies to enable Vietnamese citizens living in foreign countries to enjoy their citizen rights and perform their citizen obligations in a way suitable to their circumstance of living away from the homeland.

Article 8.- Limiting the non-nationality status

The State of the Socialist Republic of Vietnam creates conditions for all children born on the Vietnamese territory to have nationality and for stateless persons permanently residing in Vietnam to be granted the Vietnamese nationality under the provisions of this Law.

Article 9.- Retention of nationality in cases of marriage, divorce or annulment of unlawful marriage.

The marriage, divorce or annulment of unlawful marriage between a Vietnamese citizen and a foreigner shall not alter the Vietnamese nationality of the involved party as well as their minor children.

Article 10.- Retention of nationality in cases of change to the nationality of a husband or a wife.

That a husband or a wife is granted or loses his or her Vietnamese nationality shall not alter the nationality of his/her spouse.

Article 11.- Papers proving Vietnamese nationality

The following papers shall serve as grounds to prove one’s Vietnamese nationality:

1. A certificate of Vietnamese nationality; a decision on naturalization in Vietnam, a decision on Vietnamese nationality restoration, a Vietnamese identity card or passport;

2. His/her birth certificate enclosed with papers proving the Vietnamese nationality of his/her parents, in case of the absence of the papers defined in Point 1 of this Article;

3. Other papers prescribed by the Government.

Article 12.- The State management over nationality

The contents of State management over Vietnamese nationality shall include:

1. Promulgating, guiding and organizing the implementation of legal documents on Vietnamese nationality; formulating policies on Vietnamese nationality;

2. Deciding the naturalization in Vietnam, restoration, relinquishment and deprivation of Vietnamese nationality;

3. Granting Vietnamese nationality certificates, and certificates of loss of Vietnamese nationality;

4. Making State statistics on Vietnamese nationality;

5. Supervising and inspecting the observance of the legislation on Vietnamese nationality;

6. Settling complaints and denunciations about Vietnamese nationality;

7. Establishing international cooperation in the field of nationality.

Article 13.- The application of international treaties

In cases where an international treaty which the Socialist Republic of Vietnam has signed or acceded to contains provisions contrary to this Law, the provisions of such international treaty shall apply.