2019 Statelessness & Citizenship Review 1(1) marriage migrants require access to secondary or tertiary education, or in relation to employment and military service. Research undertaken by the World Bank suggests that children with temporary registration are ‘less likely to be enrolled in school at the lower and upper secondary levels’, and to have greater difficulty in accessing the public health system and other government services. 93 These concerns apply particularly to the returned children in Category 2 who have a foreign nationality. B Nationality and Identity In our view Vietnam’s progressive approach to nationality (and statelessness) offers evidence of the ability to adapt to new challenges — including marriage migration and the situation of children of returned marriage migrants. The current Constitution of the Socialist Republic of Viet Nam (‘The Constitution’) 94 and nationality laws 95 of Vietnam reflect socialist values, 96 an ‘ethnic understanding of nationality’ 97 and emphasise the importance of the diaspora to the Vietnamese national identity. 98 In this way, the existing legal framework in Vietnam bears out the complexities of Vietnam’s colonial and postwar history, as well as the impact of several periods of mass emigration — including the ‘mass exodus’ that occurred in the aftermath of the second Indochina conflict (1954–75). 99 Relevantly, the current ‘outward-looking’ approach that is broadly inclusive of the rights of so-called ‘overseas Vietnamese’, being Vietnamese citizens and persons of Vietnamese origin who permanently reside in a foreign country, 100 is relatively recent. Vietnam has had five constitutions since 1946 101 which have progressively modified the focus on socialist principles under which ‘rights are circumscribed by the State’s interests’ 102 and the ‘inseparability of citizens’ rights and their duty to state and society’. 103 Whilst this ‘regulatory and statist-rights regime’ 104 remains ‘hegemonic’ since the 1992 Constitution (the fourth, after the 1946, 1959 93 94 95 96 97 98 99 100 101 102 103 104 Vietnam’s Household Registration System (n 82) 25, 26–30. 13th National Assembly, 28 November 2013 (entry into force 1 January 2014) (‘The Constitution’). 2008 Nationality Law (n 69). The Constitution (n 94) arts 2, 4. Kneebone, ‘Nationality and Identity in Regulation’ (n 5) 14, citing 2008 Nationality Law (n 69) art 5(1). The Constitution (n 94) art 18; 2008 Nationality Law (n 69) art 7. Koh (n 78) 174–9. See 2008 Nationality Law (n 69) art 3(3); Kneebone, ‘Nationality and Identity in Regulation’ (n 5) 14. Bui Ngoc Son, ‘The Global Origins of Vietnam’s Constitutions: Text in Context’ [2017](2) University of Illinois Law Review 525, 528. See generally 1946 Constitution of the Socialist Republic of Vietnam, 1st National Assembly, adopted 9 November 1946; 1959 Constitution of the Socialist Republic of Vietnam, 2nd National Assembly, adopted 1 January 1960; 1980 Constitution of the Socialist Republic of Vietnam, 6th National Assembly, adopted 18 December 1980; 1992 Constitution of the Socialist Republic of Vietnam, 8th National Assembly, adopted 15 April 1992. Son (n 101) 550. ibid 551. ibid 554. 88