Loss of Citizenship
Conditions and procedures under which Vietnamese citizenship may be revoked or renounced.
Sections
Loss of Citizenship in Vietnam: A Comprehensive Guide
Losing Vietnamese citizenship is a significant legal process governed by specific laws and regulations. Below is a structured overview of the relevant national regulations, procedures, costs, and considerations for individuals facing this situation.
1. Legal Framework
The primary legal document governing citizenship in Vietnam is the Law on Vietnamese Nationality, which was enacted in 2009 and amended in 2014. Key articles relevant to the loss of citizenship include:
- Article 19: Outlines the grounds for loss of Vietnamese citizenship.
- Article 20: Details the procedures for renouncing citizenship.
- Article 21: Discusses the consequences of losing citizenship.
2. Grounds for Loss of Citizenship
According to Article 19 of the Law on Vietnamese Nationality, individuals may lose their Vietnamese citizenship under the following circumstances:
- Voluntary Renunciation: A Vietnamese citizen may voluntarily renounce their citizenship if they acquire citizenship of another country.
- Criminal Conviction: A citizen may lose their citizenship if they are convicted of crimes against the state or national security.
- Failure to Fulfill Obligations: If a citizen fails to fulfill their obligations to the state, such as military service (if applicable), they may lose their citizenship.
- Other Grounds: The government may determine other specific cases where citizenship can be revoked.
3. Standard Procedures for Loss of Citizenship
The process for losing Vietnamese citizenship typically involves the following steps:
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Application Submission: The individual must submit an application for renunciation of citizenship to the local Department of Justice or the Ministry of Public Security, depending on their circumstances.
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Documentation Required:
- A completed application form.
- A copy of the Vietnamese identity card or passport.
- Proof of citizenship in another country (if applicable).
- Any relevant legal documents (e.g., court judgments if applicable).
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Review Process: The authorities will review the application, which may involve background checks and verification of the provided documents.
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Decision: The local authority will issue a decision regarding the application. If approved, the individual will receive a certificate of loss of citizenship.
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Notification: The decision will be communicated to the individual, and relevant government agencies will be notified to update their records.
4. Costs Involved
The costs associated with the loss of citizenship can vary based on the specific circumstances and the local authority involved. Generally, the following fees may apply:
- Application Fee: There may be a nominal fee for processing the application, which can range from 100,000 to 500,000 VND (approximately $4 to $20).
- Legal Fees: If legal assistance is required, additional costs may be incurred based on the lawyer's fees.
5. Country-Specific Considerations
- Dual Citizenship: Vietnam does not recognize dual citizenship. Therefore, individuals wishing to retain their new citizenship must formally renounce their Vietnamese citizenship.
- Impact on Family: Loss of citizenship may affect family members, especially if they are dependents. It is advisable to consult legal experts regarding the implications for family members.
- Residency Status: Individuals who lose their citizenship may need to apply for a visa or residency permit to remain in Vietnam legally, depending on their circumstances.
6. Conclusion
Losing Vietnamese citizenship is a serious decision that involves legal implications and procedural requirements. It is essential for individuals considering this step to understand the grounds for loss, the necessary procedures, and the potential costs involved. Consulting with legal professionals or the relevant authorities can provide additional guidance tailored to individual circumstances.
For further assistance, individuals can contact the Ministry of Public Security or the Department of Justice in their locality for more detailed information and support.