Dual citizenship (passport) question?

If there are any lawyers who are expert in dual citizenship subject, would love to hear from them for the scenario.

My question below pertains to dual passport holders rule.

Does VN government REQUIRE dual passport holders to enter/exit using VNese passport (like US)?

If it does NOT require ==> AND if a dual passport holder use VISA to enter, is he/she subject to VISA time allowed to exit the country even though the traveler is a citizen of VN?

If it does require ==> of course the question is invalid.

The question is likely hypothetical. However, it is possible to make mistake when one still has valid VEC and after long flight.

I'm not a lawyer, but I do have dual US/VN passports.

. Whichever passport you use to enter and exit, you will be that person.  So if you use VN passport to enter, you need to exit with the same VN passport, and vice versa.
. If you use VN passport to enter, you need to show both passports as agent would like to know where you've been before entering VN.
. If you use US passport to enter, of course you need to have all valid visa in place as US citizen; whether be VEC, multiple entries visa, or visa on arrival.
. Most people prefer to use VN passport to enter and exit, and use US passport to travel outside of VN.  Depending on what works to your advantages, ASEAN countries may be more beneficial to use VN passport to eliminate visa requirement as US citizen when entering those countries.
. Make sure the name on the ticket matches the name on the passport.
. For those who has Vietnamese name on VN passport, and English name on US passport, they should get an affidavit from US consulate stating that the 2 names are the same person, have it notarized then carry it with you.

To others, feel free to correct me if I'm wrong.

My question is a bit tricky situation -

Assuming VN does not require dual passport holders to enter/exit VN with VNese passport -

If a traveler enters VN with USA passport (valid VISA and everything), then to VN government  --

1) is the traveler an American and subject to VISA stay limitation?

or

2) is the traveler a VNese but still subject to VISA stay limitation?

or

3) is the traveler a VNese who can stay in VN as VNese citizen without VISA stay limitation?

The question is moot if VN requires dual passport holders to enter/exit with VN passport.

US law in clear in this regard. No choice but to use USA passport to enter/exit USA. Thus traveler is regarded as American.

VinceVN :

If a traveler enters VN with USA passport (valid VISA and everything), then to VN government  --

1) is the traveler an American and subject to VISA stay limitation?

or

2) is the traveler a VNese but still subject to VISA stay limitation?

or

3) is the traveler a VNese who can stay in VN as VNese citizen without VISA stay limitation?

As you mentioned that you speak Vietnamese fluently, I assume you can also read Vietnamese without any problem.  Therefore, the answers to your above questions can be found in: 

Thư Viện Pháp Luật

I've always translated the information for other members but I'm not doing it this time unless you wish otherwise.

That site has been one of my second-tier trusted sources for the last 3+ years.  If I cannot get an answer from the government, that's where I go.

BTW, a site called "KORNOVA, Immigration Consultants" gave a completely different answer in re visa when you use other passport.  I think the difference answer happened because Kornova consultants misunderstood/ misread/ misinterpreted the letter of the law.

When being presented with two contradictory information, I've always gone with Thư Viện Pháp Luật.  You'll have to make your own decision of course.

Ciambella :

As you mentioned that you speak Vietnamese fluently, I assume you can also read Vietnamese without problem.  Therefore, the answers to your above questions can be found in: 

Thư Viện Pháp Luật

I've always translated the information for other members but I'm not doing it this time unless you wish otherwise.

That site has been one of my second-tier trusted sources for the last 3+ years.  If I cannot get an answer from the government, that's where I go.

BTW, a site called "KORNOVA, Immigration Consultants" gave a completely different answer in re visa when you use other passport.  I think the difference answer happened because Kornova consultants misunderstand/ misread/ misinterpret the letter of the law.

When being presented with two contradictory information, I've always gone with Thư Viện Pháp Luật.  You'll have to make your own decision of course.

You always have the appropriate info. Great that you are in the forum to aid newbie like me. Many thanks.

- Nếu bạn nhập cảnh Việt Nam bằng hộ chiếu Úc thì bạn cũng phải xuất cảnh bằng hộ chiếu Úc và tất nhiên là phải có visa xuất cảnh, nhập cảnh Việt Nam do Đại sứ quán Việt Nam tại Úc cấp.

==> This implies that if a traveler enters VN with a foreign passport, then the government treats the traveler as foreigner regardless of VN passport status. Traveler is subject to VISA stay limitation.

VinceVN :

==> This implies that if a traveler enters VN with a foreign passport, then the government treats the traveler as foreigner regardless of VN passport status. Traveler is subject to VISA stay limitation.

In case you want a second opinion, here's what Kornova says:  Dual passports

The way they interpret Clause 5 Article 12 by adding "nên khi sử dụng" is what casts doubt in my mind.

It could be that I'm always cautious when reading the law and Kornova may be right after all, but I can easily imagine a scenario in which a traveller hands over a foreign passport to an Immigration officer.  The officer would ask  "Visa, please".  The traveller would answer with confident, "I'm Vietnamese, I don't need a visa."  The officer of course would demand to see either a Vietnamese passport or a visa because 3rd option doesn't exist to Immigration staff.  The peaceful atmosphere would deteriorate until one party yields and it's not gonna be the Immigration people.

It'll probably be fine if a National ID is presented together with the foreign passport, but as the ID not available at the moment, I wouldn't chance it.

Ciambella :
VinceVN :

==> This implies that if a traveler enters VN with a foreign passport, then the government treats the traveler as foreigner regardless of VN passport status. Traveler is subject to VISA stay limitation.

In case you want a second opinion, here's what Kornova says:  Dual passports

The way they interpret Clause 5 Article 12 by adding "nên khi sử dụng" is what casts doubt in my mind.

It could be that I'm always cautious when reading the law and Kornova may be right after all, but I can easily imagine a scenario in which a traveller hands over a foreign passport to an Immigration officer.  The officer would ask  "Visa, please".  The traveller would answer with confident, "I'm Vietnamese, I don't need a visa."  The officer of course would demand to see either a Vietnamese passport or a visa because 3rd option doesn't exist to Immigration staff.  The peaceful atmosphere would deteriorate until one party yields and it's not gonna be the Immigration people.

It'll probably be fine if a National ID is presented together with the foreign passport, but as the ID not available at the moment, I wouldn't chance it.

It's best to avoid a mess!!!

Further question for you (I did research a bit but you may have latest) -

1) VN is doing away with Household Registration Book (Ho Khau) - is that now in place or in flux?
2) Can I get a CCCD (new national ID) without "Ho Khau" when I am in VN?

VinceVN :

1) VN is doing away with Household Registration Book (Ho Khau) - is that now in place or in flux?
2) Can I get a CCCD (new national ID) without "Ho Khau" when I am in VN?

1- Hộ khẩu is supposed to be discontinued starting the end of this year, but at the moment, Cơ Sở Dữ Liệu Quốc Gia về Dân Cư (National Database for Population, not to be confused with Tổng Cục Thống Kê or General Statistics Office that handles census) is not up and running yet.  So far, only 16M PINs have been created in the whole country.

2- No.  Hộ khẩu is still the proof that a person belongs to the address where he claims to live.  According to the Law on Citizen's Identity, until the database is put into operation, a household registration book must be presented to obtain a citizen identity card.

Ciambella :
VinceVN :

1) VN is doing away with Household Registration Book (Ho Khau) - is that now in place or in flux?
2) Can I get a CCCD (new national ID) without "Ho Khau" when I am in VN?

1- Hộ khẩu is supposed to be discontinued starting the end of this year, but at the moment, Cơ Sở Dữ Liệu Quốc Gia về Dân Cư (National Database for Population, not to be confused with Tổng Cục Thống Kê or General Statistics Office that handles census) is not up and running yet.  So far, only 16M PINs have been created in the whole country.

2- No.  Hộ khẩu is still the proof that a person belongs to the address where he claims to live.  According to the Law on Citizen's Identity, until the database is put into operation, a household registration book must be presented to obtain a citizen identity card.

1- Hộ khẩu is supposed to be discontinued starting the end of this year, but at the moment, Cơ Sở Dữ Liệu Quốc Gia về Dân Cư (National Database for Population, not to be confused with Tổng Cục Thống Kê or General Statistics Office that handles census) is not up and running yet.  So far, only 16M PINs have been created in the whole country.

==> Is there a mandate for this database to complete by EOY 2020?
==> Is the doing away with Hộ khẩu dependent upon the database complete? or will they implement the no Hộ khẩu policy regardless of database status by EOY 2020?


Much simpler without Hộ khẩu requirement. VN is rapidly becoming a mobile workforce these days.

PS - sorry to ask too many Qs. Since you are inside VN, you are more in tune.

VinceVN :

Is there a mandate for this database to complete by EOY 2020?

No.  In fact, I don't think there's ever a mandate in any government program here.

VinceVN :

Is the doing away with Hộ khẩu dependent upon the database complete? or will they implement the no Hộ khẩu policy regardless of database status by EOY 2020?

No,  The database is the foundation upon which everything is built.

Yoda0807 :

I'm not a lawyer, but I do have dual US/VN passports.

. Whichever passport you use to enter and exit, you will be that person.  So if you use VN passport to enter, you need to exit with the same VN passport, and vice versa.
. If you use VN passport to enter, you need to show both passports as agent would like to know where you've been before entering VN.
. If you use US passport to enter, of course you need to have all valid visa in place as US citizen; whether be VEC, multiple entries visa, or visa on arrival.
. Most people prefer to use VN passport to enter and exit, and use US passport to travel outside of VN.  Depending on what works to your advantages, ASEAN countries may be more beneficial to use VN passport to eliminate visa requirement as US citizen when entering those countries.
. Make sure the name on the ticket matches the name on the passport.
. For those who has Vietnamese name on VN passport, and English name on US passport, they should get an affidavit from US consulate stating that the 2 names are the same person, have it notarized then carry it with you.

To others, feel free to correct me if I'm wrong.

I didn't know they check your name on the ticket against your name on Vietnamese passport or any passport for that matter. The last time I went through customs they glared at my passport then punched the keyboard and let me through.

When exiting VN.

VinceVN :

Much simpler without Hộ khẩu requirement. VN is rapidly becoming a mobile workforce these days.

At the same time maybe they could do away with the foolish requirement that you register your motorbike in your hometown per your Hộ khẩu instead of where you actually live and drive.   Then too, they could start demanding that people actually register after a sale.

A bit late to the party, but here is what I always do.

- After purchasing tickets to VN, I log on airline website and enter my 2 passport info (to save time during check-in) 

- On departure date, I check in at ticketing at US airports with 2 passports (to prove that I am eligible to enter VN) and get through CBP with my US passport. Then I put it away in my carry-on the rest of the trip. At other check points:boarding gate at US and transit airpots, and finally VN immigration, VN passport is all I need.
 
- On the way back, just reverse it: exit with my VN passport through immigration, then hide it away and show them US passport all the way till I get home.

mepif :

A bit late to the party, but here is what I always do.

Except for the part of registering your passport numbers with the airlines (sounds like a good idea) this is exactly as my wife has done two times.  Showing two passports to the same immigration agent can just lead to confusion.

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