only. 155 Article 7 of the Decree provided that Vietnamese nationals will lose their
nationality if: they have been naturalized in foreign countries; they decline to resign from
positions they have held overseas even though they have been warned by the
Government; or they have committed acts infringing upon the independence and the
democratic republican regime of Vietnam.
A’s father is a Vietnamese national, and according to the 1945 Decree, A had acquired
Vietnamese nationality at the time of birth unless the father had lost his Vietnamese
nationality by the time A was born. It is not necessarily clear whether the fact that persons,
including A’s father, which had fled Vietnam after the socialist regime’s takeover of the
area of origin was considered to fall within the ground for nationality loss under 1945
Nationality Law, i.e., that they “committed acts infringing upon the independence and the
democratic republican regime of Vietnam,” and whether the Vietnamese authorities had
implemented the law to have these refugees lose their nationality.
(2) Responses of Vietnamese embassy
Nevertheless, at the age of 15, A travelled to Vietnam as a non-national by obtaining
a visa through a visa application agency in order to visit relatives with family members,
with the visa issued on the re-entry permit which was issued by the Japanese government
(and which could be used in lieu of a passport).156 Furthermore, at the age of 17, A again
visited Vietnam as a foreigner by obtaining a visa with which A was able to stay for three
months for language study purposes. In the 1990s, some Vietnamese refugees and
children wished to return even temporarily to Vietnam, with the understanding that the
circumstances had changed in the country of origin. However, even if they went to the
Vietnamese Embassy in Japan and claimed to be nationals, they could not have passports
issued. All they could obtain were visas, and there were actual cases of persons who
returned with such visas. According to A, in the 2000s when A traveled to Vietnam, it
was common knowledge within the Vietnamese community in Japan that refugees could
not have their children registered at the embassy and that neither the parent nor the child
could obtain a passport.157
As for the reasons for not registering birth or not issuing a passport, there was an
understanding that some Vietnamese refugees in Japan had been told that it was
“because there were no documents to prove Vietnamese nationality (of the parents).”
Therefore, A gave up on the birth registration and passport without ever visiting the
155
Nguyen Thi Ngoc Lam, “A History of Vietnam’s Citizenship Laws” (1 July 2009), at
http://vietnamlawmagazine.vn/a-history-of-vietnams-citizenship-laws-4519.html.
156
Based on a hearing from A, on 17 September 2016. A’s re-entry permit (see Chapter 1, Section 1,
Sub-section 1(2) of this report) with a Vietnamese visa attached was verified.
157
Ibid.
72
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