I am a Vietnamese citizen having acquired Taiwanese citizenship after nearly 10 years of residence in Taiwan (China). I have recently divorced my Taiwanese husband and wish to return to live in Vietnam.
Have I lost Vietnamese citizenship? (I still hold my Vietnamese identity card). In case I no longer have Vietnamese citizenship, what procedures must I carry out to have it restored? If I visit my family and give birth to a child in Vietnam, may the child be naturalized in Vietnam and have his/her Vietnamese birth certificate?
According to the 2008 Law on Vietnamese Citizenship (revised in 2014), you may not retain your Vietnamese citizenship if:
• You have filed an application for renunciation of Vietnamese citizenship to acquire a foreign citizenship.
• You have been deprived of Vietnamese citizenship for committing acts that cause serious harms to the national independence, the cause of national construction and defense or the prestige of the Socialist Republic of Vietnam.
• You have lost your Vietnamese citizenship in cases specified in treaties to which Vietnam is a contracting party.
Those who apply for renunciation of Vietnamese citizenship have to carry out procedures therefor and will be issued a presidential decision permitting their renunciation of Vietnamese citizenship under Articles 29.1 and 29.6 of the said Law. If a citizen is deprived of Vietnamese citizenship, he/she will receive a presidential decision on deprivation of Vietnamese citizenship.
In your case, your holding of Vietnamese citizenship depends on whether you applied, during the implementation of procedures for naturalization in Taiwan, for renunciation of Vietnamese citizenship, or the Vietnamese President has issued a decision permitting renunciation or deprivation of your Vietnamese citizenship.
In case you have lost Vietnamese citizenship, you may have it restored if:
• You have applied for permission for repatriation to Vietnam.
• Your husband, natural parent or natural offspring is a Vietnamese citizen.
• You have made meritorious contributions to or being helpful to Vietnam.
• You make investment in Vietnam.
It should be noted that a person who has been deprived of his/her Vietnamese citizenship may only be considered for restoration of Vietnamese citizenship after at least five years from the date he/she is deprived of Vietnamese citizenship.
When applying for restoration of Vietnamese citizenship, you have to prepare a dossier of application for restoration of Vietnamese citizenship, which must comprise:
(i) An application for restoration of Vietnamese citizenship (made according to Form TP/QT-2020-DXTLQT.1 provided in the Appendix to the Ministry of Justice’s Circular 02/2020/TT-BTP);
(ii) A copy of your birth certificate, passport or another valid substitute paper;
(iii) A curriculum vitae (made according to Form TP/QT-2020-BKLL provided in the Appendix to Circular 02/2020/TT-BTP);
(iv) A judicial record, issued by a Vietnamese authority for the period you reside in Vietnam, or by a Taiwanese authority for the period you reside in Taiwan. Such a judicial record must be issued within 90 days before the date of dossier submission;
(v) A paper proving that you used to hold Vietnamese citizenship, which is one of the following papers:
+ Paper proving that you have been permitted by the Vietnamese President to renounce Vietnamese citizenship or deprived of Vietnamese citizenship;
+ Paper issued or certified by a Vietnamese competent agency or organization which indicates your Vietnamese citizenship or paper that can be used to prove your Vietnamese citizenship in the past.
(vi) A paper proving your eligibility for restoration of Vietnamese citizenship, which is one of the following papers:
+ Paper proving that your spouse, natural mother, natural father or child is a Vietnamese citizen;
+ Paper proving your investment in Vietnam.
Such a dossier of application for restoration of Vietnamese citizenship must be made in three sets and submitted to the Justice Department of the province or city where you reside in case you have returned for residence in Vietnam, or to a Vietnamese representative mission in Taiwan if you are currently residing in the territory.
Regarding the selection of Vietnamese citizenship for your child
As per Article 16 of the Vietnamese Citizenship Law, a child born inside or outside the Vietnamese territory either of whose parents is a Vietnamese citizen will have Vietnamese citizenship if so agreed in writing by his/her parents at the time of birth registration.
Therefore, either you or your husband must be a Vietnamese citizenship to be able to register Vietnamese citizenship and get a Vietnamese birth certificate for your child.- (VLLF)