Degrees of Statelessness
restricted. 124 The 2008 Nationality Law appears to focus on Vietnamese ethnic
identity. For example, art 3(4) provides a definition for ‘Persons of Vietnamese
origin residing abroad’ as ‘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’. This phrasing seems to suggest that even after
changing nationality, a person who is of Vietnamese origin retains this as a formal
status under Vietnamese law.
A concern with the culture and identity of bi-racial children of marriage
migrants is reflected in the 2012 Review of Vietnamese Migration Abroad when it
was said that:
These children are known as the ‘mixed ethnicity Korean generation’ in Viet Nam.
Despite being born in Korea and having Korean nationality, they do not know the
Korean language and culture but are still legally regarded as foreigners in Viet
Nam. 125
C
Recognition of De Jure Statelessness in Vietnam
While Vietnam is not a state party to the 1954 Convention or the 1961 Convention,
UNHCR has acknowledged that its current nationality laws appear ‘to meet a
number of key international standards’. 126 Indeed, the 2008 Nationality Law has
been recognised as going further than previous nationality laws in addressing
statelessness. However, Vietnam has been more concerned with highly politicised
issues related to stateless Vietnamese in Cambodia and along the border — a relic
of post-colonial ties and a long history of territory disputes in the region. 127
Further, while the state has been appropriately responsive towards stateless
Vietnamese marriage migrants 128 there has yet to be a national policy addressing
the many issues faced by the children who migrate to Vietnam with their mothers.
In relation to the Cambodian refugees, the Vietnamese government amended
its nationality laws in 2008 to simplify the naturalisation process. While identity
documents are typically required for naturalisation, 129 pursuant to art 22 of the
124 In common with many countries in Southeast and East Asia, dual nationality is granted rarely
125
126
127
128
129
and mainly to highly skilled foreigners: see Low Choo Chin, ‘Report on Citizenship Law:
China and Taiwan’ (Report, European Democracy Observatory, October 2016). This was
confirmed during an interview conducted in Can Tho: Sayomi Ariyawansa, Interview with
Khanh Toan, Faculty of Law, Can Tho University (Can Tho, Vietnam, 3 August 2018). South
Korea grants dual nationality to qualifying marriage migrants under 2010 amendments to the
2008 Nationality Law (n 69) art 6, which permits dual nationality for a marriage migrant in a
‘normal marital relationship’ or those who have the care of a minor child born to the marriage.
Vietnamese Migration Abroad (n 55) 41.
United Nations High Commissioner for Refugees, Submission by the United Nations High
Commissioner for Refugees for the Office of the High Commissioner for Human Rights
Compilation Report — Universal Periodic Review: Socialist Republic of Vietnam
(Submission, June 2013) 3 <http://www.refworld.org/pdfid/51c946514.pdf> (‘UNHCR
Submission 2013’).
ibid; Lyma Nguyen, ‘Report on Citizenship Law: Vietnam’ (Report, Global Citizenship
September
2017)
Observatory,
<http://cadmus.eui.eu/bitstream/handle/1814/47966/GLOBALCIT_CR_2017_13.pdf?seque
nce=1>.
UNHCR Submission 2013 (n 126) 3. In 2014 Vietnam amended its laws as explained in the
text below. Cheng (n 84) 448–49.
2008 Nationality Law (n 69) art 20.
91