[Vnbiz] Vietnam to recognize dual citizenship

[Tai Phan]

  Vietnam to recognize dual citizenship 21:27' 09/03/2008 (GMT+7)

*  <http://english.vietnamnet.vn/dataimages/200803/original/images1513106_1.JPG>

Director of the Department of Justice Administration at the Ministry of
Justice, Tran That
VietNamNet Bridge - New regulations are being drafted that will recognize
the legal rights here and abroad of any Vietnamese expatriate who holds dual
citizenship, though the ramifications of having to consider the laws of
Vietnam and another country at the same time when dealing with a legal
dispute could be daunting.*

The proposed changes to the Law on Citizenship should be finished this month
and posted on the internet to gauge public opinion, after which they will go
before the government then the National Assembly in May.



The revamped Law on Citizenship issued in 1998 mandates single citizenship
and does not take into account the citizenship laws of other countries, the
director of the Department of Justice Administration at the Ministry of
Justice, Mr Tran That, said in an interview with the newspaper Tuoi Tre.



"However, the reality is that most Vietnamese who live abroad actually have
dual nationality because the countries where they live do not require them
to relinquish their Vietnamese citizenship", Mr That said.



"If the proposed changes pass into law, any Vietnamese person who holds dual
nationality may have problems if a dispute arises because Vietnam will no
longer be able to deal with their case by sticking to Vietnamese law while
neglecting the laws of the country where the dual-citizenship holder lives.



"For instance, if a Vietnamese person living in the United States holds both
US and Vietnamese citizenship and returns to Vietnam to marry a Vietnamese
citizen, what nationality should be recorded on the marriage certificate?



"By Vietnamese law, it cannot be both. So, if it says Vietnamese citizenship
on the certificate, it will not be valid in the US. On the other hand, if it
says US citizenship on the certificate, Vietnam will have no authority over
the person.



"Therefore, the Law on Citizenship must be amended in a way that benefits
all Vietnamese people and protects the rights of Vietnamese expatriates.



"Most Vietnamese people who move abroad permanently want to become citizens
of their adopted countries without shedding their Vietnamese citizenship. If
we don't have proper policies, these people lose some of their rights and
benefits in both countries. We must safeguard their interests and anticipate
the consequences of changing the law at the same time.



"For example, a Vietnamese person living here can only hold single
citizenship. If a foreigner wants to become a Vietnamese citizen, they must
renounce their current citizenship. It's the law.

"But a Vietnamese person who lives abroad and becomes a citizen of their new
home does not have to give up their Vietnamese citizenship. In these cases,
Vietnam should accept their dual nationality.



"We must change our way of thinking and not be so old-fashioned. We must
realize that it's perfectly normal for someone to want to change their
citizenship if they move to another land to live," Mr That said in
conclusion.



One of the likely changes to the law is for Vietnamese citizens residing
abroad to register periodically with the Vietnamese embassy or other
government agency in their adopted land, perhaps every five years.



In that case, their Vietnamese citizenship would lapse if they failed to
register within the allotted time, unless they had a legitimate reason for
their tardiness.



Later, if they wanted to return to Vietnam and regain Vietnamese
nationality, they would have to apply for citizenship.

*(Source: SGGP/TT)*
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