Nationality is the legal relationship between an individual and a sovereign state. If a person has the nationality of a country then that person is said to be a citizen of that country. The current law on nationality has specific provisions on conditions and procedures for naturalization in Vietnam. So about the matter “Conditions and procedures for naturalization in Vietnam” Let’s find out with LSX in the article below.
Legal grounds
- Law on Vietnamese nationality 2008, amended and supplemented in 2014
- Civil Code 2015
- The Law on Nationality 2008
Right to citizenship of individuals
Article 31 of the 2015 Civil Code provides:
1. Individuals have the right to have nationality.
Nationality is a personal factor associated with each individual, a factor that shows an individual’s association with the country of which the individual holds nationality. Article 1 of the Law on Vietnamese nationality in 2008, amended and supplemented in 2014 stipulates: “Vietnamese nationality represents the close relationship of both individuals and the State of the Socialist Republic of Vietnam, giving rise to rights and obligations of Vietnamese citizens to the State and rights and responsibilities of the State of the Socialist Republic of Vietnam towards Vietnamese citizens”.
Article 2. Rights to nationality (Vietnam Nationality Law 2008, amended and supplemented 2014)
1. In the Socialist Republic of Vietnam, every individual has the right to a nationality. Vietnamese citizens shall not be deprived of their Vietnamese nationality, except for the cases specified in Article 31 of this Law.
2. The State of the Socialist Republic of Vietnam is a unified State of all ethnic groups living together in the Vietnamese territory. All members of all ethnic groups are equal in terms of the right to have Vietnamese nationality.
The determination of an individual’s nationality is carried out when carrying out the birth registration procedure for the child.
Conditions and procedures for naturalization in Vietnam
Conditions for naturalization in Vietnam
Basic Conditions
Foreign citizens and stateless people who are permanently residing in Vietnam can be naturalized in Vietnam, if they fully meet the following conditions:
– Having full civil act capacity as prescribed by Vietnamese law;
– Comply with the Constitution and laws of Vietnam; respect the traditions, customs and practices of the Vietnamese nation;
– Knowing Vietnamese is enough to integrate into the Vietnamese community. This is assessed on the basis of the applicant’s ability to communicate in Vietnamese in Vietnamese with Vietnamese citizens in life, in accordance with his or her living and working environment;
– Being permanently residing in Vietnam for 5 years or more up to the time of applying for Vietnamese citizenship and being granted a permanent residence card by the competent police agency of Vietnam. The period of permanent residence in Vietnam is counted from the date the applicant for naturalization in Vietnam is granted a permanent residence card;
– Ability to secure life in Vietnam. This ability is proved by assets, lawful income source of the applicant for naturalization in Vietnam or the guarantee of an organization or individual in Vietnam.
An applicant for Vietnamese nationality may be naturalized in Vietnam without having to meet the conditions (c), (d), (d) above, if falling into one of the following cases:
– Being the wife, husband, biological father, natural mother or biological child of a Vietnamese citizen;
– Having special merit to contribute to the cause of construction and defense of the Vietnamese Fatherland;
– In favor of the State of the Socialist Republic of Vietnam.
In case the applicant for naturalization of Vietnam wants to keep the foreign nationality
According to the provisions of the Law on Nationality – People who acquire Vietnamese nationality must renounce their foreign nationality. However, those who are spouses, biological fathers, natural mothers or biological children of Vietnamese citizens; or have special merits to contribute to the cause of construction and defense of the Vietnamese Fatherland; or beneficial to the State of Vietnam in special cases, may not have to renounce foreign nationality, if so permitted by the President.
In addition, the applicant for naturalization must meet the following conditions:
– The person applying for Vietnamese nationality must have a Vietnamese name. This name is chosen by the applicant for Vietnamese citizenship.
– A person who applies for naturalization in Vietnam may not naturalize in Vietnam, if it harms the national interests of Vietnam.
Nationality of minor child when mother changes nationality
Article 35. The Law on Nationality 2008 stipulates:
“The nationality of a minor child when his/her parents are allowed to enter, return or renounce Vietnamese nationality
1. When there is a change in nationality due to the acquisition, restoration or withdrawal of Vietnamese nationality of parents, the nationality of minor children living with their parents may also be changed according to their nationality.”
Dossier for naturalization of Vietnam
Profile composition
– Copy of Marriage Certificate;
– A copy of the minor child’s birth certificate or other papers proving the parent-child relationship;
– Application for naturalization of Vietnam (according to the form);
– A copy of the birth certificate, passport or other valid papers proving the foreign nationality of that person;
– Curriculum Vitae;
– A judicial record card issued by a competent Vietnamese agency for the time the applicant for Vietnamese citizenship resides in Vietnam, a criminal record card issued by a competent foreign agency for the time the applicant for Vietnamese citizenship resides abroad. Judicial record cards must be issued within 90 days from the date of filing;
2. Number of dossiers: 03 sets.
3. Carrying out procedures to apply for Vietnamese citizenship
1. Submit application
The person applying for Vietnamese citizenship shall submit a dossier to the Department of Justice where he/she resides.
– In case the dossier is complete and valid, the Department of Justice shall receive and issue the dossier-receiving slip to the applicant.
– In case the dossier is incomplete or invalid, the Department of Justice shall immediately notify the applicant for Vietnamese citizenship to supplement and complete the dossier.
Order and time limit for settlement
– The Department of Justice shall send a written request to the provincial-level police office to verify the identity of the applicant for Vietnamese citizenship. Time limit: 05 working days from the date of receiving complete and valid dossiers of naturalization applicants.
– Provincial police agencies verify and send the results to the Department of Justice. Time limit: 30 days from the date of receipt of the request of the Department of Justice (during this period, the Department of Justice must conduct verification of the documents in the application for Vietnamese citizenship).
– The Department of Justice completes the dossier and submits it to the Chairman of the provincial People’s Committee. Time limit: 10 working days from the date of receipt of the verification result from the provincial police agency.
– Provincial-level People’s Committee presidents shall consider, draw conclusions and propose opinions to the Ministry of Justice. Time limit: 10 working days from the date of receipt of the request of the Department of Justice.
+ The Ministry of Justice shall re-examine the dossiers of applicants for Vietnamese nationality, and if deems that they are eligible for naturalization in Vietnam, it shall report to the Prime Minister for submission to the State President for consideration and decision. Time limit: 20 days from the date of receipt of the proposal of the Chairman of the provincial People’s Committee.
+ The State President considers and decides on the grant of Vietnamese nationality. Time limit: 30 days from the date of receipt of the Prime Minister’s proposal.
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Please see more
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- Procedures to recognize foreign parent and choose nationality for children
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Frequently asked questions
Pursuant to Circular 281/2016/TT-BTC, the fee for applying for Vietnamese citizenship is VND 3 million/case.
The following cases are exempted from fees for applying for Vietnamese citizenship:
– Persons with special merits and contributions to the cause of construction and defense of the Vietnamese Fatherland: awarded with Orders, Medals and other noble titles of the Democratic Republic of Vietnam, the Revolutionary Government. provisionally for the Republic of South Vietnam, the State of the Socialist Republic of Vietnam or certified by a competent Vietnamese agency or organization for such special merit.
– Stateless people apply for Vietnamese citizenship;
– Migrants from Laos are allowed to reside and apply for Vietnamese citizenship.
Cases of nationality deprivation include: (According to Article 31 of the Law on Vietnamese nationality)
1. Vietnamese citizens residing abroad may be deprived of Vietnamese nationality if they commit acts of serious harm to the national independence, to the cause of construction and defense of the Vietnamese Fatherland or to prestige of the Socialist Republic of Vietnam.
2. A person who has naturalized Vietnamese nationality as prescribed in Article 19 of this Law, even though residing in or outside the Vietnamese territory, may also be deprived of Vietnamese nationality if he commits the acts specified in Clause 1 of this Article. .
What are the rights of stateless people?
Vietnamese law aims to protect the rights of individuals with Vietnamese nationality, but that does not mean denying the rights of stateless people. For stateless persons, living and residing in the Vietnamese territory is guaranteed by Vietnamese law in terms of human rights and civil rights under the provisions of the 2015 Civil Code. This law does not stipulate protection policies related to people with foreign nationality because this content is prescribed in Part 5 of the 2015 Civil Code for civil relations involving foreign elements. At the same time, legal regulations relating to foreigners are governed mainly and directly by Mutual Legal Assistance Agreements signed between Vietnam and other countries.
Conclusion: So the above is Conditions and procedures for naturalization in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
