The National Assembly passed the Law amending and supplementing a number of articles of the Law on Vietnamese Nationality.

(Chinhphu.vn) – Continuing the 9th Session, on the morning of June 24, the National Assembly voted to pass the Law amending and supplementing a number of articles of the Law on Vietnamese Nationality with 416/416 delegates participating in the vote in favor.

The National Assembly voted to pass the Law amending and supplementing a number of articles of the Law on Vietnamese Nationality.

Previously, presenting the Report on explanation, acceptance and revision of the draft Law amending and supplementing a number of articles of the Law on Vietnamese Nationality, Minister of Justice Nguyen Hai Ninh said that through discussions in the Group and the Hall, most opinions agreed with the development of the Law to promptly remove obstacles and shortcomings of the current Law on Vietnamese Nationality, contributing to attracting high-quality human resources to contribute to the development of the country. The policies in the draft Law will also contribute to creating a competitive advantage between Vietnam and other countries in attracting labor, especially high-quality labor.

The current Nationality Law stipulates that applicants for Vietnamese nationality must meet many strict conditions in Article 19. The draft Law has amended and supplemented the provisions in Article 19 in the direction of creating favorable conditions for foreign investors, scientists , experts, etc. to obtain Vietnamese nationality under open conditions to attract high-quality resources.

Accordingly, people with special contributions to the cause of building and defending the Vietnamese Fatherland or who are beneficial to the Socialist Republic of Vietnam when applying for Vietnamese nationality (these cases are specifically regulated in Decree No. 16/2020/ND-CP) are exempted from the conditions specified in Points c, d, dd, e, Clause 1, Article 19. At the same time, these cases are allowed to retain foreign nationality if they meet 2 similar conditions to the case of having relatives who are Vietnamese citizens and are permitted by the President. These cases must submit their applications to Vietnamese representative agencies abroad if they reside abroad.

In addition, in addition to inheriting the provisions of Decree 16/2020/ND-CP, the Government will continue to research and specify the "special mechanism on naturalization" stated in Resolution No. 57-NQ/TW to suit the new situation in the Decree detailing a number of articles and measures to implement the Law on Vietnamese Nationality.

Regarding the relationship between the State and citizens, Minister of Justice Nguyen Hai Ninh said that Article 5 of the law stipulates: Candidates, those elected, approved, appointed, and designated to hold positions and titles for a term in agencies of the Communist Party of Vietnam, the State, the Vietnam Fatherland Front, and socio-political organizations at the central and local levels; people working in key organizations; and people participating in the armed forces of the Socialist Republic of Vietnam must have only one nationality, Vietnamese nationality, and must permanently reside in Vietnam.

Civil servants and public employees not subject to the above provisions must have only one nationality, Vietnamese nationality, except in cases where it is beneficial to the Socialist Republic of Vietnam, does not harm the national interests of Vietnam, and must reside permanently in Vietnam. The Government shall specify this clause in detail.

In case another law promulgated before the effective date of this law has provisions on nationality different from the provisions in Clause 5 and Clause 6 of this Article, the provisions of this law shall apply; in case another law promulgated after the effective date of this law has provisions on nationality different from the provisions in Clause 5 and Clause 6 of this Article, it is necessary to specifically determine the content of implementation or non-implementation of this provision, and the content of implementation shall comply with the provisions of that other law.

Some National Assembly delegates suggested that there should not be a strict requirement for a Vietnamese name, but that it could be a Vietnamized name or that the original name of the person applying for Vietnamese nationality could be used to ensure international integration.

In response to the opinions of National Assembly deputies, the Government has revised the provisions in Clause 4, Article 19 and Clause 4, Article 23 of the Law on Vietnamese Nationality in the direction that people applying for/returning to Vietnamese nationality while also applying to retain foreign nationality can choose a name that combines their Vietnamese name and foreign name to ensure convenience for them when living and working in the countries of which they have nationality.

Some National Assembly deputies suggested that the drafting agency conduct research to continue to simplify relevant administrative procedures to the maximum extent possible, especially the digitization of administrative procedures.

Minister of Justice Nguyen Hai Ninh said that in order to meet the requirements of applying digital technology, the draft Law has added provisions in Article 39 (Government's responsibilities regarding nationality). However, the procedures for handling nationality matters (especially procedures for applying for/receiving/renouncing Vietnamese nationality) are not only normal administrative procedures but also matters under national sovereignty, and the handling process may include confidential and top-secret information. Therefore, the Government believes that the reduction and simplification of administrative procedures and the application of digital technology need a roadmap, in line with the practical situation.

In response to the opinions of National Assembly deputies, the Government has amended and supplemented a number of regulations related to procedures (Clause 1, Article 20, Clause 2 and Clause 3, Article 21, Clause 1, Article 24, Clause 4, Article 25, Clause 5, Article 29, Article 41); amended and supplemented the provisions in Clause 2, Article 13 of the Law on Vietnamese Nationality in the direction that Vietnamese representative agencies abroad shall confirm Vietnamese nationality instead of determining Vietnamese nationality and issuing Vietnamese passports and assign the Government to specify in detail the procedures for confirming Vietnamese nationality. The issuance of Vietnamese passports shall be carried out in accordance with the provisions of the Law on Exit and Entry of Vietnamese Citizens.

The Government will continue to study the application of digital technology to a number of steps in the process of handling nationality dossiers during the process of comprehensively amending this Law and the process of developing a Decree detailing a number of articles and measures to implement the Law on Vietnamese Nationality./.

Nguyen Hoang

Source: https://baochinhphu.vn/quoc-hoi-thong-qua-luat-sua-doi-bo-sung-mot-so-dieu-cua-luat-quoc-tich-viet-nam-102250624143018143.htm