Tóm tắt tiếng anh: Hoàn thiện pháp luật về người không quốc tịch ở Việt Nam

Hoàn thiện pháp luật về người không quốc tịch ở Việt NamHoàn thiện pháp luật về người không quốc tịch ở Việt NamHoàn thiện pháp luật về người không quốc tịch ở Việt NamHoàn thiện pháp luật về người không quốc tịch ở Việt NamHoàn thiện pháp luật về người không quốc tịch ở Việt NamHoàn thiện pháp luật về người không quốc tịch ở Việt NamHoàn thiện pháp luật về người không quốc tịch ở Việt NamHoàn thiện pháp luật về người không quốc tịch ở Việt NamHoàn thiện pháp luật về người không quốc tịch ở Việt NamHoàn thiện pháp luật về người không quốc tịch ở Việt NamHoàn thiện pháp luật về người không quốc tịch ở Việt NamHoàn thiện pháp luật về người không quốc tịch ở Việt NamHoàn thiện pháp luật về người không quốc tịch ở Việt NamHoàn thiện pháp luật về người không quốc tịch ở Việt NamHoàn thiện pháp luật về người không quốc tịch ở Việt NamHoàn thiện pháp luật về người không quốc tịch ở Việt NamHoàn thiện pháp luật về người không quốc tịch ở Việt NamHoàn thiện pháp luật về người không quốc tịch ở Việt NamHoàn thiện pháp luật về người không quốc tịch ở Việt NamHoàn thiện pháp luật về người không quốc tịch ở Việt NamHoàn thiện pháp luật về người không quốc tịch ở Việt NamHoàn thiện pháp luật về người không quốc tịch ở Việt NamHoàn thiện pháp luật về người không quốc tịch ở Việt NamHoàn thiện pháp luật về người không quốc tịch ở Việt NamHoàn thiện pháp luật về người không quốc tịch ở Việt NamHoàn thiện pháp luật về người không quốc tịch ở Việt NamHoàn thiện pháp luật về người không quốc tịch ở Việt NamHoàn thiện pháp luật về người không quốc tịch ở Việt NamHoàn thiện pháp luật về người không quốc tịch ở Việt NamHoàn thiện pháp luật về người không quốc tịch ở Việt Nam

HO CHI MINH NATIONAL ACADEMY OF POLITICS

HO HOANG GIANG

IMPROVING THE LAW ON STATELESS PERSONS IN

VIETNAM

SUMMARY OF DOCTORAL THESIS

MAJOR: THEORY AND HISTORY OF STATE

AND LAW Code: 9 38 01 06

HANOI – 2024

The Dissertation was completed at

Ho Chi Minh National Academy of Politics

Supervisor: 1 Associate Professor, PhD

Nguyễn Thị Quế Anh

At the hours, minute, date ,month ,year 2024 The thesis can be found at:

- Library of Ho Chi Minh National Academy of Politics

- Vietnam National Library

INTRODUCTION

1 Rationale

According to a report by the United Nations High Commissioner for Refugees (UNHCR) based on statistics from more than half of the countries, there are currently about 4.4 million people

who are stateless or of undetermined nationality In particular, about

40% of stateless people live in the Asia-Pacific region, and Southeast Asia is home to the largest number of stateless people, typically the Rohingya in Myanmar (about more than 1 million people) UNHCR also reports large stateless populations in Malaysia (108,332 people), Thailand (475,009 people), Cambodia (57,444 people), Vietnam

(31,117 people) and Brunei (20,863 people) [157]…

Formally, stateless persons have no political or legal ties

to any country, thus, they are not bound by the legal obligations

of a citizen to a country and vice versa This leads to the consequence that no country is obliged to ensure security, order, social security or protect such stateless persons Not being a citizen of any country means that they are excluded from social life; their legal status is much more limited than that of citizens

of the host country and persons with foreign nationality in the territory of the country where they live; they do not have basic rights such as the right to vote, the right to work, to study, to health care, to enjoy social insurance and retirement benefits The rights of stateless persons can only be protected by

international law and national law with mutual monitoring mechanisms, implemented in a spirit of responsibility and obligation in the implementation of international commitments Therefore, the rights and interests of stateless persons depend on the policies and development practices of each country This partly affects the security and order situation of the countries where stateless persons reside, and at the same time leads to negative impacts on ensuring the implementation of human rights in accordance with international law and national law

In Vietnam today, according to statistics from the Ministry of Justice, it is estimated that there are about 31,117 stateless people and people of undetermined nationality living in

our country [5] These stateless people reside mainly in provinces

bordering Laos, Cambodia and China After many years of stable living, these stateless people have actually integrated into the social life of the Vietnamese community However, not being a Vietnamese citizen or a foreign citizen has caused them to lose the opportunity to have stable jobs in agencies and organizations; their children have difficulty in studying; these people themselves are not allowed to participate in any political activities such as elections, candidacy Although over the years, the Ministry of Justice of Vietnam has organized citizenship grants for stateless people living in the country However, this

number is still large and tends to increase

Faced with the above situation, international law and national law have also made regulations from a very early stage to

ensure the rights of stateless persons, propose measures to minimize

and eliminate this situation in the world, such as: The UN Convention on Stateless Persons in 1954 has stipulated their rights and obligations; The UN Convention on the Reduction of Statelessness in 1961 has provided solutions to guide countries, especially member countries, to reduce and gradually resolve this situation in countries This is considered a means and tool to protect stateless people, and is also the foundation and basis for countries

to build and perfect their legal systems on stateless people

In recent times, our Party and State have also paid special attention to building and perfecting the legal system to create favorable conditions for stateless people, reduce and eventually eliminate the situation of stateless people in Vietnam This is not only reflected in the content of the Constitution, legal documents and sub-laws of Vietnam such as: Law on Nationality, Law on Exit, Entry, Transit and Residence of Foreigners in Vietnam, Law on Residence,

Law on Identity Cards but also reflected in the update of new

contents to suit practical requirements and international legal trends

However, in reality, the problem of stateless people has not been completely resolved, on the contrary, it has an increasing trend (before 2009, the number of stateless people in Vietnam was about 26,000 people, by the end of 2023 it had increased to 31,117

people) This shows that the provisions in national law can only

reduce the number of stateless people in a certain time, but are not

of a long-term nature and do not meet the requirements of the increasingly complicated reality of stateless people This has a

significant impact on security, order and social security in localities where stateless people live and requires the need to improve the

system of legal regulations related to this group of people

In recent times, although there have been a number of scientific studies on stateless people, there has not been any monograph that systematically and comprehensively studies the theoretical issues as well as the legal status of stateless people, thereby proposing solutions

to contribute to the improvement of legal regulations related to stateless people Therefore, the author has chosen the topic

“Improving the law on stateless persons in Vietnam” to research the

thesis with the desire to contribute to solving theoretical and practical problems in improving the law on stateless persons, aiming to thoroughly solve this situation in Vietnam

2 Aims and tasks of the study

2.1 Aims of the study

The thesis analyzes and evaluates the current legal status

of stateless people; thereby, it proposes viewpoints and solutions

to improve the current law on stateless persons in Vietnam

2.2 Tasks of the study

- Overview research on scientific works related to stateless people and laws on stateless people

- Clarifying the concept of law on stateless persons, the concept of perfecting the law on stateless persons; clarifying the characteristics, roles, and contents of the law on stateless persons; studying the criteria for determining the level of perfection of the law on stateless persons The thesis studies international law, the law of some countries in the world on stateless people and draws out reference values for Vietnam

- Research, analyze, and evaluate the current status of Vietnamese law on stateless persons, thereby pointing out the advantages that need to be promoted and the limitations that need

to be overcome; clarify the causes

- Research and propose specific viewpoints and solutions

to improve the law on stateless persons

3 Object and scope of the study

3.1 Object of the study

The thesis focuses on studying theoretical and practical issues of law on stateless persons living in Vietnam today from the perspective of theory and history of state and law

3.2 Scope of the study

- Regarding space: The thesis researches and evaluates Vietnamese law on stateless persons, including research on

international law and laws of some countries in this field for

comparison and contrast

- Scope of time: The thesis surveys and researches issues related to the law on stateless persons in the world since 1954 (UN Convention on the Status of Stateless Persons in 1954) and Vietnamese law from 2008 to present

- Scope of content: Based on the provisions of the UN Conventions on the Status of Stateless Persons in 1954, on the Reduction of Statelessness in 1961 and the provisions of Vietnamese law, the scope of the thesis focuses on provisions on the legal status

of stateless persons and provisions to reduce the current statelessness

4 Theoretical basis and research methods

4.1 Theoretical basis

The thesis is conducted on the basis of applying the viewpoints of Marxism-Leninism theory, Ho Chi Minh’s thought

on state and law; international treaties on human rights in general,

on stateless people in particular; documents and Resolutions of the Communist Party of Vietnam related to the improvement of the law

in general and the law on stateless persons in particular

4.2 Research methodology

- Regarding methodology

The thesis researches on the theoretical basis of the doctrines and viewpoints of the Party and State on perfecting the law, ensuring, respecting, protecting and implementing human

rights; dialectical materialism; historical materialism of Marxism-Leninism and Ho Chi Minh’s thought

- Regarding specific methodology

Document research methods, synthesis and analysis methods, statistical and comparative methods, historical methods

5 Theoretical and practical significance of the thesis

5.1 Regarding theory

The thesis contributes to enriching the theoretical issues of the law on stateless persons The research results and proposals of the thesis contribute to perfecting provisions of the law on stateless persons, improving the status of stateless people and contributing

to reducing this situation in Vietnam in the current period

5.2 Regarding practice

The thesis provides valuable and reliable knowledge to help interested people have a comprehensive view of the law on stateless persons, thereby contributing legal bases for the implementation of the law on stateless persons in Vietnam today Research results of the thesis have reference value in research and teaching at law training institutions

6 Structure of the thesis

In addition to the introduction, conclusion, list of references and appendix, the thesis consists of 4 chapters and

11 sections

CHAPTER 1 ABSTRACT OF RESEARCH RELATED TO THE THESIS 1.1 Summary of research works related to the thesis

1.1.1 Research works on the legal status of stateless persons

1.1.1.1 Domestic research works

Including theoretical research textbooks on stateless people and ensuring the rights of stateless people and a number

of monographs and reference books related to human rights and the legal status of foreigners in general, thereby referring to the issue of the legal status of stateless people

1.1.1.2 Foreign research works

Including research works on the legal status of stateless persons under the provisions of international law and works on the legal status of stateless persons under the laws of a number

of countries in the world

1.1.2 Works on management of stateless persons and settlement of stateless persons situation

1.1.2.1 Domestic research works

Including works on residence management, labor management for stateless people and works on accession to international conventions on stateless persons

1.1.2.2 Foreign research works

Including research works on resolving the stateless situation in

several regions and countries around the world

1.2 General assessment of the research situation related

to the topic and issues for further research in the thesis

1.2.1 General assessment of the research situation related to the topic

First, regarding the research content

The research works are relatively diverse in content on stateless people However, the content of legal research on stateless people and the improvement of the law on stateless persons in Vietnam has not been specifically and deeply mentioned in the above works

Second, regarding the scope of research

The works have studied the theory of human rights and the current state of application of human rights law as well as specifically mentioned stateless people However, there is no work that deals in depth and comprehensively with the issue of stateless people and Vietnamese law on stateless persons

Third, regarding research period

Research practice shows that most of the works on stateless people in general and stateless people in Vietnam in particular were published relatively long ago, the statistics in the topics are also old data, not updated, the number of works is not much, showing that the issue of stateless people has not really been given attention and properly evaluated in Vietnam

1.2.2 Issues for further research in the thesis

Including: (1) Comprehensive research on theoretical issues on stateless people; (2) Comprehensive and complete research on the current status of the law on stateless persons in Vietnam, thereby assessing advantages and limitations of the law

on stateless persons; (3) Research and propose solutions to improve the current law on stateless persons in Vietnam

1.3 Research hypothesis and research questions

1.3.1 Research hypothesis

Law on stateless persons was formed in Vietnam after the August Revolution in 1945, but it was not until the modern period that it began to be focused and developed Law on stateless persons is stipulated in the Constitution, legal documents and sub-laws, and is also the result of the process of internalizing international treaties on human rights to which Vietnam is a member However, law on stateless persons in Vietnam still lacks comprehensiveness and is not really synchronous and unified, and the implementation of law on stateless persons is not really effective and lacks feasibility In order to overcome, it is necessary

to have specific orientations, and at the same time implement synchronous measures to improve the legal system on stateless people, ensuring full implementation of human rights of this group

of people in Vietnam

1.3.2 Research questions

(1) What are current studies on stateless people in

Vietnam, and what issues do they focus on? Which issues have been resolved and need to be inherited and developed, and which issues need to be further studied?

(2) What is the theoretical basis for perfecting the law on stateless persons?

(3) What is the current legal status of stateless persons? What are achievements and shortcomings, as well as causes of this situation?

(4) What are solutions to improve the law on stateless persons in Vietnam today?

CONCLUSION OF CHAPTER 1

Through the study of documents in this Abstract, it can be seen that domestic and foreign scientific works have mentioned basic contents of the law on stateless persons This is considered

a special subject in legal relations when there is no political-legal relationship with any country, therefore the law on stateless persons has long been interested and researched in the works of domestic and foreign scholars in many aspects

Systematizing published works both domestically and internationally that are closely related to the research direction of the author; analyzing, evaluating and clarifying successful