Chapter III.
LOSS OF VIETNAMESE NATIONALITY
Section 1. GENERAL PROVISIONS
Article 26. Grounds for loss of Vietnamese nationality
1. Being permitted to renounce Vietnamese nationality.
2. Being deprived of Vietnamese nationality.
3. Failing to register for retention of Vietnamese nationality as prescribed in Clause 2, Article 13 of this Law.
4. Falling into cases specified in Clause 2, Article 18, and Article 35 of this Law.
5. Falling into cases specified in treaties to which the Socialist Republic of Vietnam is a contracting party.
Section 2. RENUNCIATION OF VIETNAMESE NATIONALITY
Article 27. Grounds for renunciation of Vietnamese nationality
1. A Vietnamese citizen who files an application for renunciation of Vietnamese nationality to acquire a foreign nationality may be permitted to renounce Vietnamese nationality.
2. A person applying for renunciation of Vietnamese nationality may not renounce Vietnamese nationality if he/she falls into any of the following cases:
a/ Owing tax debts to the State or having a property obligation toward an agency, organization or individual in Vietnam;
b/ Being examined for penal liability;
c/ Serving a Vietnamese court’s judgment or ruling;
d/ Being kept in detention pending judgment enforcement;
e/ Serving a decision on application of the administrative handling measure of confinement to an education establishment, a medical treatment establishment or a reformatory.
3. A person applying for renunciation of Vietnamese nationality may not renounce Vietnamese nationality if such renunciation is detrimental to Vietnam’s national interests.
4. Cadres, civil servants and those who are serving in Vietnamese people’s armed forces may not renounce Vietnamese nationality.
5. The Government shall specify conditions for renunciation of Vietnamese nationality.
Article 28. Dossiers of application for renunciation of Vietnamese nationality
1. A dossier of application for renunciation of Vietnamese nationality comprises:
a/ An application for renunciation of Vietnamese nationality;
b/ A curriculum vitae;
c/ A copy of the Vietnamese passport, identity card or other papers specified in Article 11 of this Law;
d/ A judicial record issued by a competent Vietnamese authority. Judicial records must be issued within 90 days before the date of filing the dossier;
e/ Papers proving that the applicant is carrying out procedures for acquisition of foreign nationality, except cases in which the laws of that country do not provide for the issuance of these papers.
f/ The written certification of clearance of tax debts, issued by the Tax Department of the locality where the applicant resides;
g/ Those who used to be cadres, civil servants or employees or used to serve in Vietnamese people’s armed forces and have retired, stopped working, been dismissed, removed from office or relieved from post or demobilized for not more than 5 years, are also required to submit documents of the agencies, organizations or units which have issued the decisions on their retirement, dismissal, removal from office or relief from post or demobilization, certifying that their renunciation of Vietnamese nationality is not detrimental to Vietnam’s national interests.
2. Vietnamese citizens who do not permanently reside in Vietnam are not required to submit papers specified at Points d, f and g, Clause 1 of this Article.
3. The Government shall specify papers in the dossiers of application for renunciation of Vietnamese nationality.
Article 29. Order of and procedures for processing of dossiers of application for renunciation of Vietnamese nationality
1. If the person applying for renunciation of Vietnamese nationality resides in Vietnam, he/she shall file the dossier to the provincial-level Justice Service of the locality where he/she resides; if residing abroad, he/she shall file the dossier to the Vietnamese representative mission in the host country. In case the dossier is incomplete under Article 28 of this Law or invalid, the dossier-receiving agency shall immediately notify the applicant thereof for supplementation or completion of the dossier.
2. In case the person applying for renunciation of Vietnamese nationality resides in Vietnam, within 5 working days after the receipt of a complete and valid dossier, the provincial-level Justice Service shall publish an announcement on the application for renunciation of Vietnamese nationality on three consecutive issues of a local printed or online newspaper and forward this announcement to the Justice Ministry for posting on the latter’s website; in case the applicant resides abroad, within 5 working days after the receipt of a complete and valid dossier, the overseas Vietnamese representative mission shall publish the announcement on its website.
Announcements must be posted on websites for at least 30 days.
3. Within 5 working days after the receipt of a complete and valid dossier, the provincial-level Justice Service shall send to the provincial-level Public Security Department a written request for verification of the applicant’s identity.
Within 20 days after the receipt of the provincial-level Justice Service’s request, the provincial-level Public Security Department shall conduct verification and send verification results to the provincial-level Justice Service. During this period, the provincial-level Justice Service shall examine papers in the dossier of application for renunciation of Vietnamese nationality.
Within 5 working days after the receipt of verification results, the provincial-level Justice Service shall complete the dossier for submission to the provincial-level People’s Committee president.
Within 5 working days after the receipt of the proposal of the provincial-level Justice Service, the provincial-level People’s Committee president shall consider, make conclusion and send his/her opinion to the Ministry of Justice.
4. Within 20 days after the receipt of a complete and valid dossier, the overseas Vietnamese representative mission shall examine and transfer the dossier, together with its opinion on the renunciation of Vietnamese nationality to the Ministry of Foreign Affairs for forwarding to the Ministry of Justice.
In case of necessity, the Ministry of Justice may request the Ministry of Public Security to verify the applicant’s identity.
5. Within 20 days after the receipt of the proposal of the provincial-level People’s Committee president or the overseas Vietnamese representative mission, the Ministry of Justice shall re-examine the dossier, if finding that the applicant is eligible for renunciation of Vietnamese nationality, the Ministry shall report the case to the Prime Minister for submission to the President for consideration and decision.
6. The President shall consider and make decision within 20 days after the receipt of the Prime Minister’s proposal.
Article 30. Exemption from carrying out procedures for personal identity verification
The dossiers of application for renunciation of Vietnamese nationality of persons falling into any of the following cases are not required to go through the step of personal identity verification:
1. Those who are aged under 14 years;
2. Those who were born and settle abroad;
3. Those who have settled in a foreign country for 10 years or more;
4. Those who were permitted to leave Vietnam for family reunion.
Section 3. DEPRIVATION OF VIETNAMESE NATIONALITY
Article 31. Grounds for deprivation of Vietnamese nationality
1. Vietnamese citizens residing abroad may be deprived of Vietnamese nationality if they commit acts that cause serious harms to the national independence, national construction and defense or the prestige of the Socialist Republic of Vietnam.
2. Persons who have been naturalized in Vietnam under Article 19 of this Law, regardless of whether they reside inside or outside the Vietnamese territory, may be deprived of Vietnamese nationality, if they commit acts specified in Clause 1 of this Article.
Article 32. Order of and procedures for deprivation of Vietnamese nationality
1. Within 15 days after the date of detecting or receiving a complaint or denunciation about an act prescribed in Clause 1, Article 31 of this Law, the provincial-level People’s Committee or overseas Vietnamese representative mission shall conduct verification, if obtaining sufficient grounds, it shall compile a dossier to propose the President to deprive the person committing such act of his/her Vietnamese nationality.
Courts which have adjudicated persons committing acts defined in Clause 1 of this Article shall compile a dossier to propose the President to deprive these persons of their Vietnamese nationality.
The Government shall specify papers in the dossiers of proposal for deprivation of Vietnamese nationality.
2. Dossiers of proposal for deprivation of Vietnamese nationality shall be sent to the Ministry of Justice. Within 30 days after the receipt of a dossier from the provincial-level People’s Committee, overseas Vietnamese representative mission or court, the Ministry of Justice shall assume the prime responsibility for, and coordinate with the Ministry of Public Security, the Ministry of Foreign Affairs and other relevant ministries and branches in, examining the dossier of proposal for deprivation of Vietnamese nationality and report the case to the Prime Minister for submission to the President for consideration and decision.
3. The President shall consider and make decision within 20 days after the receipt of the Prime Minister’s proposal.
Section 4. ANNULMENT OF DECISIONS ON THE GRANT OF VIETNAMESE NATIONALITY
Article 33. Grounds for annulment of decisions on the grant of Vietnamese nationality
1. In case a person who has been naturalized in Vietnam under Article 19 of this Law, regardless of whether he/she resides inside or outside the Vietnamese territory, has intentionally made false declarations or forged papers in applying for Vietnamese nationality, the decision on the grant of Vietnamese nationality may be annulled, if such decision has been issued for 5 years or less.
2. The annulment of decisions on the grant of Vietnamese nationality of a person will not alter the nationality of his/her spouse.
Article 34. Order of and procedures for annulment of decisions on the grant of Vietnamese nationality
1. Within 15 days after the day of detecting or receiving a complaint or denunciation about acts specified in Clause 1, Article 33 of this Law, the provincial-level People’s Committee shall conduct verification, if obtaining sufficient grounds, it shall compile a dossier to propose the President to annul the decision on the grant of Vietnamese nationality to the person committing such an act.
Courts which have adjudicated persons committing acts defined in Clause 1, Article 33 of this Law shall compile dossiers to propose the State President to annul the decision on the grant of Vietnamese nationality to the convicted persons.
The Government shall specify papers in the dossiers of proposal for annulment of decisions on the grant of Vietnamese nationality.
2. Dossiers of proposal for annulment of decisions on the grant of Vietnamese nationality shall be sent to the Ministry of Justice.
Within 15 days after the receipt of a proposal dossier from the provincial-level People’s Committee or court, the Ministry of Justice shall examine the dossier and report the case to the Prime Minister for submission to the President for consideration and decision.
3. The President shall consider and make decision within 20 days after the receipt of the Prime Minister’s proposal.
Tìm kiếm
Luật Quốc tịch Việt Nam 2008 (Bản Word)