Development Saigon

Nationality Law - Amended?

With my daughter on the way I have a few more things to think about than the average same-nationality couple with regards to travel and citizenship.

Chi tells me she has read that a new Nationality Law is being implemented that may affect us and allow Lousia to have ‘dual citizenship’. I’ve yet to find this story in any English language Vietnam sites. From a brief bit of research I have found that the Nationality Law (1998) has been under discussion this year by the National Assembly. Reported here on the 13th of October this year:

Regarding the bill on the revised Nationality Law, most of the council’s members agreed with the details of the bill in line with national interests. They made comments on various issues, including nationality principles, documents demonstrating Vietnamese citizenship, ways to deal with Vietnamese citizens with dual nationalities, responsibilities of relevant agencies, and other related issues.

I also discovered that there was an amended draft of the 1998 Nationality Law which was submitted to the government in March and to go in front of the National Assembly in May of 2008:

In their speeches, high-ranking Vietnamese officials said Vietnam will consider accepting two nationalities in 2008. At present, under Article 3 of the Nationality Law 1998, Vietnamese citizens only have one nationality – Vietnamese.

That sounds promising. This story also appeared in Thanh Nien entitled House to mull dual citizenship for expats, diaspora:

Under the draft law, foreigners eligible to take out Vietnamese citizenship would include those who:

- marry Vietnamese citizens or have Vietnamese parents or children;

- receive certificates or medals of merit from the State or the Government for their contribution to the country; and

- benefit Vietnam’s socio-economic development, science, national security or defense after they become Vietnamese citizens.

These categories of foreigners would be exempt from some Vietnamese citizenship criteria, such as being able to speak Vietnamese and residing in the country for at least five years.

Well, according to that, even I could be eligible for Vietnamese citizenship, being married to a Vietnamese citizen. I could possibly in a catagory of socio-economic development as well. How accurate was the content of that TN report? The practicalities if true would be enourmously beneficial for myself and many others with Vietnamese wives, husbands and children who currently stuck in the middle.

The means of sidestepping the Vietnamese Nationality Law has been a badly kept secret amongst Saigon British residents for a while (Case Study Two), however, some still get caught out (Case Study One).

Case Study One

A British friend who is married to a Vietnamese guy and who has been resident in Vietnam over ten years. Her daughter was born in Vietnam and raised and educated in Vietnam too. However, she was registered with the British embassy first, therefore cancelling any rights to having Vietnamese citizenshiop and passport. Therefore this six year old girl has had to spend her life in Vietnam on 6 month tourist visas. Messy.

Case Study Two

A British friend who has been in Vietnam since the late 80s, married to a Vietnamese lady and with two children. Registered their children as Vietnamese first. Later registered with the Brits who couldn’t give a stuff either way. Children travel in and out of Vietnam on their Vietnamese passports, elsewhere on their British passports. Better, but still messy.

Chi and I are really hoping to avoid any messy circumstances when it comes to our child’s nationality, and we want her to be able to live in the birthland of both her parents without any red tape issues popping into the equation.

Do you know anyone who has had a Vietnamese-British baby in the UK or other country that allows dual nationality? Or do you know if the draft amendments to the Nationality Laws have been passed?

© 2008 The Final Word.