Comments on the draft Law amending and supplementing a number of articles of the Law on Vietnamese Nationality

On the morning of April 28, continuing the 44th Session, under the direction of Vice Chairman of the National Assembly Nguyen Khac Dinh, the National Assembly Standing Committee gave opinions on the draft Law amending and supplementing a number of articles of the Law on Vietnamese Nationality.

Vice Chairman of the National Assembly Nguyen Khac Dinh chaired the meeting. Photo: Ho Long

Those who have lost Vietnamese nationality can regain Vietnamese nationality if they wish.

Presenting the Draft Law on amending and supplementing a number of articles of the Law on Vietnamese Nationality, Minister of Justice Nguyen Hai Ninh said that the draft Law focuses on two major policies.

Firstly, amend and supplement a number of regulations related to the acquisition of Vietnamese nationality to facilitate cases where the biological father or mother or paternal or maternal grandparents are Vietnamese citizens; foreign investors, scientists , experts, etc. are granted Vietnamese nationality.

Minister of Justice Nguyen Hai Ninh presented the Draft Law amending and supplementing a number of articles of the Law on Vietnamese Nationality. Photo: Ho Long

Second, amend and supplement a number of regulations related to the return of Vietnamese nationality to create conditions for those who have lost Vietnamese nationality to return to Vietnamese nationality.

Regarding the specific amendments and supplements, the Minister said that the draft Law amends the provisions in Clause 1, Article 19 of the current Law in the direction that minors whose father or mother is a Vietnamese citizen do not need to meet the condition of "having full civil act capacity".

At the same time, amend and supplement the provisions in Clause 2, Article 19 of the current Law in the direction that applicants for Vietnamese nationality, if their biological father or mother or paternal or maternal grandparents are Vietnamese citizens; have made special contributions to the cause of national construction and defense or are beneficial to the Socialist Republic of Vietnam, will be exempted from the conditions specified in Points c, d, dd, e, Clause 1, Article 19. Accordingly, these cases are allowed to submit their applications at Vietnamese representative agencies abroad without having to return to their home country for permanent residence.

The Minister also said that the draft Law has removed the provisions on cases of re-acquiring Vietnamese nationality in Clause 1, Article 23 of the current Law. Accordingly, all cases of losing Vietnamese nationality and applying to regain Vietnamese nationality can be considered for re-acquiring Vietnamese nationality.

Chairman of the Law and Justice Committee Hoang Thanh Tung presented the Report on the review of the draft Law.

Presenting the Report on the review of the draft Law, Chairman of the Law and Justice Committee Hoang Thanh Tung said that the Committee agreed with the necessity of promulgating the Law for the reasons stated in the Government's Submission; agreed with the application of simplified procedures in the development and promulgation of the Law; the draft Law dossier has complete documents as prescribed, and is eligible to be submitted to the National Assembly Standing Committee for consideration and comments.

Considering that the content of the draft Law is basically consistent with the Party's policies and guidelines in Resolution No. 36-NQ/TW, Directive No. 45-CT/TW and Conclusion No. 12-KL/TW of the Politburo, however, Chairman of the Committee Hoang Thanh Tung also stated that the draft Law has not clearly institutionalized the " special mechanism for naturalization " according to Resolution No. 57-NQ/TW of the Politburo on breakthroughs in science and technology development, innovation and national digital transformation, to attract and employ leading scientists and experts who are Vietnamese people abroad.

To ensure the spirit of Clause 2, Article 14 of the Constitution, the Chairman of the Law and Justice Committee said that the majority of opinions in the Committee proposed specific regulations in the draft Law without assigning the Government to regulate the conditions for people who acquire Vietnamese nationality or regain Vietnamese nationality but are allowed to retain foreign nationality in Clause 3, Article 19, Clause 5, Article 23 of the draft Law.

Regarding the conditions for obtaining Vietnamese nationality while retaining foreign nationality (Clause 4, Article 1 of the draft Law amending and supplementing a number of clauses of Article 19 of the Law on Vietnamese Nationality), there are opinions in the Committee on Law and Justice proposing to add the case of minors applying for nationality under their parents, father or mother as an exception at Point a, Clause 1, Article 19 of the draft Law because in practice this case has arisen but there is no basis for consideration and resolution.

At the same time, the Law and Justice Committee also proposed to consider exempting the condition of “being able to ensure a living in Vietnam” for applicants for naturalization whose spouse, biological father, biological mother, biological child, paternal or maternal grandparents are Vietnamese citizens” to ensure consistency with the provisions of Clause 1, Article 40 of the Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam, while at the same time, helping to avoid creating unnecessary social burdens.

The amendments are very correct, timely and humane.

Members of the National Assembly Standing Committee agreed on the necessity of developing and promulgating the Law, and approved the Government's proposal to consider and approve the draft Law under the shortened process at the Ninth Session. At the same time, they emphasized that the provisions in the draft Law will be an important legal basis for considering and deciding to allow overseas Vietnamese to acquire Vietnamese nationality, regain Vietnamese nationality, and enjoy the rights of Vietnamese citizens.

Chairman of the Committee for Culture and Society Nguyen Dac Vinh speaks. Photo: Ho Long

Agreeing with the amendment and supplement to Clause 1, Article 23 of the Law on Vietnamese Nationality on cases of re-acquiring Vietnamese nationality, Chairman of the Committee on Culture and Society Nguyen Dac Vinh said that this provision both meets the desire to re-acquire Vietnamese nationality of many Vietnamese people living abroad. At the same time, it creates conditions for them to continue living and working stably abroad. "This is a very correct, timely and humane amendment," Chairman of the Committee Nguyen Dac Vinh emphasized.

Chairman of the Committee for Culture and Society Nguyen Dac Vinh and Permanent Deputy Chairman of the Committee for People's Aspirations and Supervision Le Thi Nga both agreed that the draft Law adds the provision that "a person must have only one nationality, Vietnamese nationality" for "those who are candidates, elected, approved, appointed, holding positions and titles for a term; recruited, appointed to ranks, positions and titles in state agencies and socio-political organizations at the central and local levels; participating in the armed forces of the Socialist Republic of Vietnam".

Regarding the conditions for acquiring Vietnamese nationality while still retaining foreign nationality, Permanent Deputy Head of the People's Aspirations and Supervision Committee Le Thi Nga spoke. Photo: Ho Long

Regarding the conditions for obtaining Vietnamese nationality while still retaining foreign nationality, Permanent Deputy Head of the People's Aspirations and Supervision Committee Le Thi Nga agreed with the proposal of the Law and Justice Committee to add the case of minors applying for nationality under their parents, father or mother is an exception at Point a, Clause 1, Article 19 of the draft Law.

In his concluding remarks on this content, Vice Chairman of the National Assembly Nguyen Khac Dinh highly appreciated the Government and the Ministry of Justice for their promptness and high responsibility in preparing the dossier and documents very carefully in a short time, basically ensuring all the conditions for the Law on Promulgation of Legal Documents. The Committee on Law and Justice has prepared a review report that clearly, fully and comprehensively demonstrates all aspects and clearly shows the review agency's viewpoint on each content in the draft Law.
The Vice Chairman of the National Assembly suggested that the Government should continue to study and clearly state in the Submission and draft Law on institutionalizing the special mechanism on naturalization according to Resolution No. 57-NQ/TW of the Politburo.

Regarding the conditions for obtaining Vietnamese nationality while retaining foreign nationality, the Vice Chairman of the National Assembly basically agreed with the plan submitted by the Government, but suggested that it is necessary to study and supplement some cases proposed by the agency in charge of the examination. In addition, the Government needs to review and clearly state whether the applicant for Vietnamese nationality must have both grandparents who are Vietnamese citizens or if only the grandfather or grandmother must be Vietnamese citizens.

Thanh Hai

Source: https://daibieunhandan.vn/cho-y-kien-ve-du-an-luat-sua-doi-bo-sung-mot-so-dieu-cua-luat-quoc-tich-viet-nam-post411693.html