Acquisition of nationality through naturalization
Statelessness situations
Viet Nam became host to tens of thousands of refugees from neighbouring Cambodia
after the Khmer Rouge took power in 1975. When UNHCR ceased its assistance to
Cambodian refugee camps in 1994, it was estimated that approximately 9,500 former
Cambodian refugees remained in Viet Nam.65 Approximately 2,500 of them continued
to live in the former UNHCR camp sites, while an estimated 7,000 others were believed
to have integrated into urban communities in Ho Chi Minh City and other provinces in
the south of Viet Nam. Many of the Cambodian refugees in Viet Nam were of ethnic
Chinese descent. At the heart of their uncertain future was the fact that Cambodia did
not consider them its nationals, rendering them stateless. In 2002, UNHCR’s country
office and the Vietnamese Government discussed the need to find a durable solution
for this group. As a result, in 2008, the revised Nationality Law included a new Article
22 that simplified procedures for the naturalization of the remaining former Cambodian
refugees residing in Viet Nam.
The plight of the former Cambodian refugees prompted the Vietnamese Government to
look at gaps in the nationality law that gave rise to statelessness. For its part, in 2005
UNHCR tapped the Surge deployment scheme to engage a protection officer to focus
on statelessness in Viet Nam.
Statelessness among Vietnamese women who left Viet Nam to marry foreigners was
found to be another pressing issue in need of a solution. In 2005, the Vietnamese
and French Governments co-convened an international conference addressing the
phenomenon of “economic marriages” of Vietnamese women to foreigners.66 The
Vietnamese Ministry of Justice estimated that between 1997 and 2005, more than
180,000 Vietnamese women had married foreigners, and that at least 10,000 additional
marriages to foreigners occurred each year from 2005 to 2009. Most Vietnamese
women moved abroad to marry their foreign husbands. It was the norm that a woman
65 Political negotiations to resolve the Cambodian conflict through the Paris Conference on Cambodia in 1989 and 1990
resulted in the Agreement on a Comprehensive Political Settlement of the Cambodia Conflict signed by Cambodia and 18
other countries under the auspices of the United Nations Secretary-General in October 1991. In this Agreement, Cambodia
undertook to create an environment conducive to the voluntary return and integration of Cambodian refugees from abroad
and the United Nations was requested to assist in the repatriation of Cambodian refugees. Those who had fled Cambodia
in the 1970s were deemed no longer in need of international protection.
66 The publication of presentations (« Receuil des Interventions ») made at this regional conference entitled: « Les aspects
pratiques du Droit international privé des personnes, de la famille et des biens » convened in Hanoi from 25 to 17 May 2005
is on file with UNHCR’s Statelessness Section.
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