PROCEDURES FOR NATURALIZATION IN VIETNAM FOR FOREIGNERS

Legal basis:

  • Law on Vietnamese Nationality 2008 (amended and supplemented in 2014)
  • Decree No.16/2020/NĐ-CP dated February 03 2020 on elaborating to Law on Vietnamese Nationality

Naturalization is not only meaningful for a foreigner but also for the country which would be naturalized. Foreigners wishing to obtain Vietnamese citizenship can refer to the following procedure.

1. What is nationality?

Vietnamese nationality represents an individual’s close relationship with the Socialist Republic of Vietnam, giving rise to the rights and obligations of Vietnamese citizens towards the State and the rights and responsibilities of the State towards Vietnamese citizens.

When carrying out Vietnam Citizenship acquisition procedures, this person is trying to establish a legal relationship between an individual and a certain state, which manifests in the totality of that person’s rights and obligations, which are prescribed and guaranteed to be performed by the laws of the State.

2. Conditions for naturalization

According to Clause 1 Article 19 of Law on Vietnamese Nationality 2008 (amended and supplemented in 2014), foreigners who want to be Vietnam Citizens must approve by following criteria:

  • Have the ability to hear, speak, read, and write in Vietnamese enough to adapt to the living and working environment of the applicant for Vietnamese citizenship;
  • The applicant has been permanently residing in Vietnam for 5 years or more and has been granted a permanent residence card by a competent police agency in Vietnam.
  • The applicant can prove the ability to secure his/her life in Vietnam with his/her assets, lawful income, or the guarantee of an organization or individual in Vietnam.

For some special cases, the person who wished to apply was a spouse, natural parent, or natural offspring of Vietnamese citizens or; made meritorious contributions to Vietnam’s national construction and defense, or; was helpful to the Socialist Republic of Vietnam, don’t need to follow these conditions.

3. Dossier of naturalization

If a foreigner or a stateless person wants to apply for naturalization in Vietnam, they shall submit dossiers of application at the Department of Justice where they reside. After the application is approved, it would be processed according to the procedures specified in Articles 21 and 22 of Law on Vietnamese Nationality 2008 (amended and supplemented in 2014).

The dossier of naturalization includes:

  1. An application for Vietnamese nationality;
  2. A copy of the birth certificate, passport, or other substitute papers;
  3. A curriculum vitae;
  4. A judicial record issued by a competent Vietnamese authority for the period the applicant resides in Vietnam and a judicial record issued by a competent foreign authority for the period the applicant resides in the foreign country. Judicial records must be issued within 90 days before the date of filing the dossier;
  5. Papers proving his/her Vietnamese language skills;
  6. Papers proving his/her place and period of residence in Vietnam;
  7. Papers proving his/her ability to make a livelihood in Vietnam;

Notice:

For persons exempt from several conditions on naturalization in Vietnam, papers corresponding to exempted conditions are not required but must submit papers to prove the exemption eligibility.

In case the naturalization applicant has a minor child who has acquired Vietnamese nationality together with them, they have to submit a copy of the birth certificate or other substitute papers proving the parent-child relationship.

4. Other things need to be aware of naturalization

Persons naturalized in Vietnam shall renounce their foreign nationality (except for special cases prescribed in Article 9 Decree No.16/2020/NĐ-CP); must have Vietnamese names and their application is not detrimental to Vietnam’s national interests.

A person applying for Vietnamese nationality shall file a dossier to the provincial-level Justice Service of the locality where he/she resides, and authorizing others to submit the application is not allowed. The time limit for settlement is 120 days. However, this is only the actual time to process the dossiers at the competent agencies. If the dossier is incomplete and invalid, it will take time to amend and supplement.

In addition, according to Article 16 of Law on Vietnamese Nationality 2008 (amended and supplemented in 2014), a child born inside or outside the Vietnamese territory has one parent who is a Vietnamese citizen while the other parent is stateless or unknown, the child will have Vietnamese nationality. If a child is born in Vietnamese territory, one parent is a Vietnamese citizen, the other is a foreign citizen, and the parents cannot agree on the choice of nationality for the child, that child also has Vietnamese nationality.

5. About Us, Hankuk Law Firm

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To support the startup process, our lawyers and staff provide a wide range of services, including business law consulting, tax and immigration law consulting, real estate services, business consulting, marketing and communications, human resources, product distribution, franchise options, etc. We provide expert advice on every aspect of your business needs.

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