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

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