Chương II Luật Quốc tịch Việt Nam 1998: Có quốc tịch Việt Nam

Chapter II

HOLDING OF VIETNAMESE NATIONALITY

Article 14.- Persons holding Vietnamese nationality

Vietnamese nationality holders include those who have been holding Vietnamese nationality up to the effective date of this Law and those who hold Vietnamese nationality under this Law.

Article 15.- The grounds for determining the Vietnamese nationality of a person

A person is determined to have Vietnamese nationality when there exists one of the following grounds:

1. By birth, as defined in Articles 16, 17 and 18 of this Law;

2. Being naturalized in Vietnam;

3. Having Vietnamese nationality restored;

4. Under the international treaties which the Socialist Republic of Vietnam has signed or acceded to;

5. Other grounds defined in Articles 19, 28 and 30 of this Law.

Article 16.- The nationality of children born to parents who are Vietnamese citizens

A child born to parents, both of whom are Vietnamese citizens, shall hold Vietnamese nationality, regardless of whether the child was born inside or outside the Vietnamese territory.

Article 17.- The nationality of a child born to parents, one of whom is a Vietnamese citizen

1. A child born to parents, one of whom is a Vietnamese citizen and the other is a stateless person; or his/her mother is a Vietnamese citizen while his/her father is unknown, shall hold Vietnamese nationality, regardless of whether the child was born inside or outside the Vietnamese territory.

2. A child born to parents, one of whom is a Vietnamese citizen and the other is a foreign national, shall hold Vietnamese nationality, if so agreed in writing by his/her parents at the time of registration of their child’s birth.

Article 18.- The nationality of a child born to parents who are both stateless persons

1. A child born on the Vietnamese territory and whose parents, at the time of his/her birth, are both stateless persons who have a permanent residence in Vietnam, shall hold Vietnamese nationality.

2. A child on the Vietnamese territory whose mother, at the time of his/her birth, is a stateless person having a permanent residence in Vietnam, and whose father is unknown, shall hold Vietnamese nationality.

Article 19.- The nationality of newborn who is abandoned or found on the Vietnamese territory

1. A newborn abandoned or found on the Vietnamese territory whose parents are unknown, shall hold Vietnamese nationality.

2. In cases where a person mentioned in Clause 1 of this Article who is under 15 years old has found his/her parents who both hold foreign nationality or one of whom holds foreign nationality, or his/her guardian holds foreign nationality, he/she shall no longer hold Vietnamese nationality; for a person who is full 15 years of age but under full eighteen years of age, his/her written consent is required.

Article 20.- Granting of Vietnamese nationality

1. Foreign nationality and stateless persons who are residing in Vietnam and apply for the Vietnamese nationality, may be granted Vietnamese nationality if they fully meet the following conditions:

a/ Having full capacity for civil acts as prescribed by Vietnamese laws;

b/ Abiding by the Constitution and laws of Vietnam; respecting the traditions, customs and practices of the Vietnamese people;

c/ Knowing the Vietnamese language sufficiently enough to integrate themselves into the social community of Vietnam;

d/ Having resided in Vietnam for five years or more;

dd/ Being capable of ensuring their living in Vietnam.

2. Foreign nationals and stateless persons may be granted Vietnamese nationality without having to fully meet the conditions prescribed in Points c, d and e, Clause 1 of this Article, if they fall into one of the following cases;

a/ Being spouses, offspring or parents of Vietnamese citizens;

b/ Having made meritorious contributions to the cause of building and defending the Vietnamese fatherland;

c/Being helpful to the State of the Socialist Republic of Vietnam.

3. Foreign nationals naturalized in Vietnam shall not retain their foreign nationality, except for special cases which shall be decided by the State President.

4. Persons applying for Vietnamese nationality shall not be granted Vietnamese nationality, if such naturalizations is detrimental to Vietnam’s national interests.

The Government shall stipulate the procedures and order for handling applications of Vietnamese nationality.

Article 21.- The restoration of Vietnamese nationality

1. A person who has lost his/her Vietnamese nationality under Article 23 of this Law and now applies for the restoration of Vietnamese nationality, may have his/her Vietnamese nationality restored, if he/she falls into one of the following cases;

a/ Applying for repatriation to Vietnam;

b/ His/her spouse, offspring(s), mother or father being Vietnamese citizen(s);

c/ Having made meritorious contributions to the cause of building and defending the Vietnamese fatherland;

d/ Being beneficial to the State of the Socialist Republic of Vietnam.

2. Persons applying for the restoration of Vietnamese nationality shall not have Vietnamese nationality restored, if such restoration is detrimental to Vietnam’s nationality interests.

The Government shall stipulate the procedures and order for handling applications for restoration of Vietnamese nationality.

Article 22.- Certificates of Vietnamese nationality

1. Vietnamese citizens shall have the right to request the Vietnamese competent agency(ies) defined in Articles 35 and 36 of this Law to grant them certificates of Vietnamese nationality.

2. Certificates of Vietnamese nationality shall be granted to those who have filed applications therefor and can prove that they hold Vietnamese nationality.

The Government shall stipulates the procedures and order for granting certificates of Vietnamese nationality.