The 2009 Nationality Law introduced a number of improvements that are significant for the prevention of
statelessness for all Vietnamese abroad, including Vietnamese women who marry foreigners. With the passage
of the law, no longer will there be an automatic loss of Vietnamese nationality should a Vietnamese citizen
acquire a second, foreign nationality. This eliminates the danger of rendering an individual stateless, should
that individual lose an acquired second nationality, but only if the individual has not had to renounce his or
her Vietnamese nationality to acquire a new nationality. Furthermore, Article 13 of the 2009 Nationality Law
provides that Vietnamese citizens abroad who had not yet lost their Vietnamese nationality pursuant to the prior
nationality law can retain their Vietnamese nationality so long as they register with the overseas Vietnamese
consular authorities by July 2014, with the deadline subsequently removed by legislative amendment in June
2014.47
According to both the 1998 and 2009 Nationality Laws, the act of marriage, divorce or annulment of unlawful
marriage between a Vietnamese citizen and a foreigner does not alter the Vietnamese nationality of either the
concerned individual or any minor children. As had been documented, however, several thousand Vietnamese
women had been rendered stateless upon marriage to foreigners because they elected to renounce their
Vietnamese nationality in the hopes of acquiring the foreign nationality of their spouses. Unfortunately, the
2009 nationality law maintains the possibility of loss of Vietnamese nationality through renunciation in its
Article 27 without incorporating a safeguard to ensure that this would only be effective where the concerned
individual has definitively acquired another nationality.
Nevertheless, to address the situation of Vietnamese women who become stateless through marriage to
a foreigner, Article 7(2) of the 2009 law makes clear that the “State adopts policies to create favourable
conditions for persons who have lost their Vietnamese nationality to restore Vietnamese nationality.” Article
23(1) (f) of the law facilitates the restoration of Vietnamese nationality, particularly for those “having renounced
Vietnamese nationality for acquisition of a foreign nationality but failing to obtain permission to acquire the
foreign nationality.” A procedure for applying to restore one’s Vietnamese nationality is set forth in Article 24.
Specific provisions to facilitate the naturalization of the stateless Cambodian refugees are contained in Article
22 of the 2009 law. It provides that “stateless persons who do not have adequate personal identification papers
but have been stably residing in the Vietnamese territory for 20 years or more by the effective date of this Law
[1 July 2009] and obey Vietnam’s Constitution and laws will be permitted for naturalization in Vietnam under
the order, procedures and dossiers specified by the Government.”
Promoting the 2009 Nationality Law provisions to
restore nationality and reduce statelessness
After the 2009 Nationality Law entered into force, UNHCR partnered with MOLISA to devise projects to
implement the new nationality restoration provisions to reduce statelessness among Vietnamese women who
had lost their nationality upon marriage to foreigners and had returned to Viet Nam without having acquired
another nationality. With funding from the European Union, MOLISA and UNHCR conducted surveys in various
cities in Viet Nam to obtain a better understanding of how statelessness arises from mixed marriages between
Vietnamese and foreigners. A series of awareness campaigns was organized with local authorities as well as the
affected communities to publicize the new procedure in Article 23 for restoration of Vietnamese nationality.
MOLISA’s actions were coordinated with organizations at the local level, such as the women’s, youth and labour
unions. This project included some vocational training and counselling to bolster the reintegration of women
and children who had returned to Viet Nam from abroad.
47
35
See Law on Vietnamese Nationality No 56/2014/QH13, 24 June 2014. Additional positive developments in the 2009 law include Article 18, a
progressive provision according to which all “abandoned newborns and children found in the Vietnamese territory whose parents are unknown,
have Vietnamese nationality.” Furthermore, the new law introduced limited circumstances in which foreigners could apply to acquire Vietnamese
nationality as a second nationality, for example foreigners with a Vietnamese parent or child or someone who would contribute to the benefit of
Vietnamese society, including Viet Nam’s development and defence.
CAMPAIGN TO END STATELESSNESS WITHIN 10 YE ARS