Degrees of Statelessness
well (although Vietnamese nationality as we explain below has developed in a
particular way). Indeed, our preliminary findings indicate that there is more
concern within Can Tho to ensure that children of returned marriage migrants are
appropriately registered under the ho khau system so that they can access relevant
government services, rather than obtaining Vietnamese nationality.
Residents in Vietnam must register as a ‘permanent’ or ‘temporary’ resident
(as for example, the children in Category 2 above) in their respective city of
residence. 85 Generally, non-citizens cannot register as a ‘permanent’ resident in
their city of residence, irrespective of their period of residence. 86 The status of
temporary residence also restricts their freedom of movement in contrast to
permanent residents. Only Vietnamese citizens who have moved districts within
Vietnam may register as a permanent resident if they have lived in the district for
a period of one year (if they have moved to a suburban district) or two years (if
they have moved to an urban district). 87
Before the Doi Moi period, the ho khau system ‘was tightly tied to access to
food rations, land, housing, education, health, and employment’. 88 Indeed,
‘[g]iven the pervasive grip of state control, lack of ho khau meant living without
the rights and services afforded by the state to its citizens’ (even if one was a
Vietnamese citizen, albeit not registered under the system). 89 Since Doi Moi,
however, scholars have noted that the household registration system has become
more relaxed. 90 It is no longer required for the provision of food rations, for
example, as these rations are no longer provided. Despite this, the ho khau system
‘continues to restrict migrants and their families’ access to basic services such as
health and education’. 91 Indeed, our findings suggest that there is currently a focus
on enabling the children of returned marriage migrants to be appropriately
registered so that they are able to attend primary school — rather than on ensuring
that they acquire Vietnamese nationality.
Moreover, our findings suggest another concern associated with the ho khau
system, namely that it has generated some flexibility in how provinces of Vietnam
choose to deliver services in practice. For example, the Can Tho province has
made a provincial determination to accept all children who are registered pursuant
to the ho khau system to public primary schools, irrespective of whether the child
is registered as a permanent resident or a temporary resident, and irrespective of
the child’s formal nationality in law. 92 This appears to be a direct response to the
children of returned marriage migrants in Can Tho. However, our interviewees
suggested that these practices vary between provinces and moreover, decisions
about access to services may be made on an individual basis. Further, it is unclear
how lack of permanent registration may affect children in the future. We do not
know, for example, what the practice will be when the children of returned
85
86
87
88
89
90
91
92
Law on Civil Status 2014 art 6.
Law on Foreigner’s Entry into, Exit from, Transit through and Residence in Vietnam 2014 ch
VI: regarding temporary residence.
Vietnam’s Household Registration System (n 82) 3.
ibid 4.
ibid.
Lan Anh Hoang, Gender and Agency in Migration Decision Making: Evidence from Vietnam
(Working Paper Series No 115, Asia Research Institute, April 2009) 3–4.
ibid.
Sayomi Ariyawansa, Interview with Khanh Toan, Faculty of Law, Can Tho University (Can
Tho, Vietnam, 3 August 2018).
87