Chương I Luật Quốc tịch Việt Nam 2008 : Những quy định chung

Chapter I.

GENERAL PROVISIONS

Article 1. Vietnamese nationality

Vietnamese nationality reflects the cohesive relationship between individuals and the State of the Socialist Republic of Vietnam, giving rise to rights and obligations of Vietnamese citizens toward the State and rights and responsibilities of the State of the Socialist Republic of Vietnam toward Vietnamese citizens.

Article 2. Rights to nationality

1. In the Socialist Republic of Vietnam, every individual is entitled to a nationality. Vietnamese citizens will not be deprived of their Vietnamese nationality, except for cases prescribed in Article 31 of this Law.

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

Article 3. Interpretation of terms

In this Law, the terms below are construed as follows:

1. “Foreign nationality” is the nationality of a country other than the Vietnamese nationality.

2. “Stateless person” is a person who has neither Vietnamese nationality nor foreign nationality.

3. “Overseas Vietnamese” are Vietnamese citizens and persons of Vietnamese origin who permanently reside in foreign countries.

4. “Persons of Vietnamese origin residing abroad” are Vietnamese people who used to have Vietnamese nationality which had been determined at the time of their birth on the consanguinity principle and their offsprings and grandchildren are permanently residing in foreign countries.

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

Article 4. The nationality principle

The State of the Socialist Republic of Vietnam recognizes that Vietnamese citizens have a single nationality, Vietnamese nationality, unless it is otherwise provided for by this Law.

Article 5. Relationships between the State and citizens

1. Persons who hold Vietnamese nationality are Vietnamese citizens.

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

3. The State of the Socialist Republic of Vietnam adopts policies to create conditions for Vietnamese citizens in foreign countries to enjoy their civic rights and fulfill their civic obligations in conformity with the circumstance of living away from the country.

4. Rights and obligations of overseas Vietnamese citizens who also hold foreign nationality comply with relevant laws.

Article 6. Protection of Vietnamese citizens living abroad

The State of the Socialist Republic of Vietnam protects lawful rights of Vietnamese citizens living abroad.

Domestic state agencies and overseas Vietnamese representative missions shall take all necessary measures in accordance with laws of host countries and international law and practice to effect such protection.

Article 7. Policies toward persons of Vietnamese origin residing abroad

1. The State of the Socialist Republic of Vietnam adopts policies to encourage and create favorable conditions for persons of Vietnamese origin residing abroad to maintain close relations with their families and homeland and contribute to the building of their homeland and country.

2. The State adopts policies to create favorable conditions for persons who have lost their Vietnamese nationality to restore Vietnamese nationality.

Article 8. Restriction of the situation of non-nationality

The State of the Socialist Republic of Vietnam creates conditions for children born in the Vietnamese territory to have a nationality and stateless persons permanently residing in Vietnam to acquire Vietnamese nationality under this Law.

Article 9. Retention of nationality upon marriage, divorce or annulment of unlawful marriage

The marriage, divorce or annulment of unlawful marriage between a Vietnamese citizen and a foreigner does not alter Vietnamese nationality of the involved parties as well as their minor children (if any).

Article 10. Retention of nationality upon change of the spouse’s nationality

That a husband or wife acquires, restores or loses his/her Vietnamese nationality does not alter the nationality of his/her spouse.

Article 11. Papers proving Vietnamese nationality

One of the following papers can prove one’s Vietnamese nationality:

1. Birth certificate; in case the birth certificate does not clearly state the Vietnamese nationality of the holder, papers proving his/her parents’ Vietnamese nationality are required.

2. People’s identity card;

3. Vietnamese passport;

4. Decision permitting the naturalization in Vietnam, decision permitting the restoration of Vietnamese nationality, decision recognizing the adoption of a foreign child, and decision permitting a foreigner to adopt a Vietnamese child.

Article 12. Settlement of matters arising from the fact that a Vietnamese citizen concurrently holds a foreign nationality

1. Matters arising from the fact that a Vietnamese citizen concurrently holds a foreign nationality shall be settled under treaties to which the Socialist Republic of Vietnam is a contracting party; for case where no treaties are available, these matters shall be settled according to international practice.

2. Pursuant to this Law, the Government shall conclude, propose the conclusion of, or decide on the accession to, treaties to settle matters arising from the fact that a Vietnamese citizen concurrently holds a foreign nationality.

Bài viết liên quan