2019 Statelessness & Citizenship Review 1(1) their temporary residence visa which permits them to reside in Vietnam). 75 Our findings suggest that the registrations for many of these children may lapse, as it is time-consuming and can be costly to continually renew their registration. Further, due to the remote location of the children it may be logistically difficult to renew their registration. Hyun Mee Kim, Shinhye Park and Ariun Shukhertei observe that mothers may fail to renew their child’s registration due to their limited understanding of the law and conclude: ‘[i]n the end, many children live impoverished lives with their mothers and/or relatives’. 76 We also found from our research that lack of understanding of the consequences of the law was an important factor in decisions of relatives acting on behalf of the children. Many of these children may end up being unregistered or undocumented under Vietnamese law and technically subject to deportation. 77 Indeed, many of the families included within our study had been forced to allow their child’s documentation to lapse, citing financial difficulties. These children are essentially living as illegal migrants in Vietnam, without any legal entitlement to the benefits of the Vietnamese social system (including public schooling — although permitted to attend at the discretion of local authorities). As a result, a lack of household registration may mean that a returned child in this category is de facto stateless — because of the lack of effective protection that is likely to ensue if a child is not registered, even if he or she has foreign nationality. 3 Children with Two Nationalities In relation to the third category, being children with two nationalities, it is necessary to note, as discussed below, that the 2008 Nationality Law begins with a principle of ‘single nationality’ (and by implication, has a presumption against dual nationality). According to our research, despite the wide definition of ‘Overseas Vietnamese’ in the 2008 Nationality Law (discussed below) which may encompass the children of returned marriage migrants — in practice, dual nationality is limited to enable Vietnamese citizens who acquire Vietnamese citizenship at birth to retain their Vietnamese nationality even if they wish to acquire a second nationality through naturalisation (and it is particularly purposed towards enabling Vietnamese citizens who work or study abroad). Further, the definition encompasses the ‘diaspora’ community which the Vietnamese government has increasingly attempted to bring ‘back to the fold’ post Doi Moi (the 1986 ‘renovation’ policy that prompted Vietnam’s transition from a ‘centrally planned socialist economy’ 78 to a post-socialist and more open economy). However, if a person is naturalised as a Vietnamese citizen, they are required to renounce any other citizenship, unless exceptional circumstances exist. 79 And, 75 76 77 78 79 See Law on Foreigner’s Entry into, Exit from, Transit through and Residence in Vietnam (No 47/2014/QH13, 2014) (Vietnam) ch VI (‘Law on Foreigner’s Entry into, Exit from, Transit through and Residence in Vietnam 2014’). See also Law on Civil Status 2014 art 6. While provision is made for certain foreign persons to be considered for permission for permanent residence, our field work suggests that this does not occur in practice. Moreover, the process of obtaining permission to seek permanent residence is onerous, and requires a diplomatic note from the representative mission of the country of which the applicant is a citizen. Kim, Park and Shukhertei (n 10) 48. Law on Foreigner’s Entry into, Exit from, Transit through and Residence in Vietnam 2014 art 30. Priscilla Koh, ‘You Can Come Home Again: Narratives of Home and Belonging among Second-Generation Viet Kieu in Vietnam’ (2015) 30 Journal of Social Issues in Southeast Asia 173, 181. 2008 Nationality Law (n 69) art 19(3). See also at art 23(5). 84