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. Nationality grants the country legal authority over the individual and allows the individual to receive the protection of the country of which he or she is a national. The different specific rights and obligations that an individual has will depend on the country of his or her nationality. So about the matter “Fee for naturalization in Vietnam” Let’s find out with LSX in the article below.
- Law on Vietnamese Nationality 2008, revised in 2014
- Decree 16/2020/ND-CP guiding the Law on Vietnamese Nationality
What is Vietnamese nationality?
What is nationality?
When it comes to nationality, we often refer to the citizenship of an independent, sovereign state. The nationality of each individual is stable, unchanged no matter where you are, in any country in the world. And nationality is often associated with each individual from birth to death, except in special cases.
From that, it can be understood that Nationality is a legal-political relationship of long-term, sustainable, and highly stable nature in terms of space and time between a particular individual and a certain state.
The concept of Vietnamese nationality
From the above concept of nationality, Vietnamese nationality is understood as a long-term, sustainable, and highly stable legal-political relationship in space and time between an individual and the Vietnamese state.
In Article 1 of the Law on Nationality 2008, amended and supplemented in 2014 stipulates: “Vietnamese nationality represents an individual’s close relationship with the State of the Socialist Republic of Vietnam, giving rise to the right to , obligations of Vietnamese citizens towards the State and rights and responsibilities of the State of the Socialist Republic of Vietnam towards Vietnamese citizens”. From this provision, nationality represents the legal relationship between Vietnamese citizens and the State of the Socialist Republic of Vietnam, and expresses the rights and obligations between these two subjects.
What are the conditions for obtaining Vietnamese nationality?
Pursuant to Article 19 of the Law on Vietnamese Nationality 2008 stipulates as follows:
“Article 19. Conditions for obtaining Vietnamese nationality
1. Foreign citizens and stateless persons who are permanently residing in Vietnam, and apply for Vietnamese citizenship, may be granted Vietnamese citizenship if they fully meet the following conditions:
a) Having full civil act capacity as prescribed by Vietnamese law;
b) Comply with the Constitution and laws of Vietnam; respect the traditions, customs and practices of the Vietnamese nation;
c) Know enough Vietnamese to integrate into the Vietnamese community;
d) Have permanently resided in Vietnam for 5 years or more up to the time of applying for Vietnamese citizenship;
d) Capable of ensuring life in Vietnam.
2. An applicant for Vietnamese nationality may be naturalized in Vietnam without having to satisfy the conditions specified at Points c, d and dd, Clause 1 of this Article, if falling into one of the following cases:
a) Being the wife, husband, natural father, mother or natural child of a Vietnamese citizen;
b) Having special merits for contributing to the cause of construction and defense of the Vietnamese Fatherland;
c) It is beneficial to the State of the Socialist Republic of Vietnam.
3. Those who acquire Vietnamese nationality must renounce their foreign nationality, except for those specified in Clause 2 of this Article, in special cases, if so permitted by the State President.”
Compared with the above provisions, in principle, if you want to naturalize in Vietnam, you must give up your foreign nationality. Except for cases where the person is the wife, husband, biological father, natural mother or biological child of a Vietnamese citizen; people with special merits to contribute to the cause of construction and defense of the Vietnamese Fatherland. Or the naturalization is beneficial to the State of the Socialist Republic of Vietnam
Is the curriculum vitae included in the application for Vietnamese citizenship?
According to Clause 1, Article 20 of the 2008 Law on Vietnamese Nationality, the following provisions are made:
“Article 20. Dossier of application for Vietnamese nationality
1. A dossier of application for Vietnamese citizenship includes the following papers:
a) An application for naturalization in Vietnam;
b) A copy of the Birth Certificate, Passport or other valid substitute document;
c) The curriculum vitae;
d) 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 period in which the applicant for naturalization resides in Vietnam. with the time the applicant for Vietnamese citizenship resides abroad. Judicial record cards must be issued within 90 days from the date of filing;
dd) Papers proving Vietnamese language proficiency;
e) Proof of domicile and permanent residence time in Vietnam;
g) Papers proving life security in Vietnam.
2. Persons who are exempted from a number of conditions for naturalization in Vietnam specified in Clause 2, Article 19 of this Law shall be exempted from papers corresponding to such conditions.
3. The Government shall specify the documents in the application for Vietnamese nationality.”
Accordingly, the CV is included in the application for Vietnamese citizenship.
Fee for naturalization in Vietnam
Fee: 3,000,000 VND
Fees are waived for the following cases:
+ Persons who have made special contributions to the cause of construction and defense of the Vietnamese fatherland (must be the recipients of medals, medals and other noble titles of the Democratic Republic of Vietnam, the Government of the Democratic Republic of Vietnam, the Government of Vietnam). Provisional Revolutionary Government of 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 with difficult economic circumstances, certified by the People’s Committee of the commune where they reside.)
The order of execution for naturalization in Vietnam
– When there is a request to apply for Vietnamese citizenship, foreigners and stateless people permanently residing in Vietnam shall submit dossiers of application for Vietnamese citizenship at the Department of Justice where they reside.
– The person accepting the dossier is responsible for checking the validity of the documents in the dossier. In case the dossier is incomplete and invalid, additional and complete instructions shall be provided. If the dossier is complete and valid, the person accepting the dossier shall record it in the Acceptance Book and issue a dossier of acceptance according to the prescribed form to the applicant.
– Within 05 working days from the date of receipt of complete and valid dossiers, the Department of Justice shall send a written request to the provincial-level police offices to verify the identity of the applicant for Vietnamese citizenship.
– Within 30 days from the date of receiving the request of the Department of Justice, the provincial-level Public Security agency shall verify and send the results to the Department of Justice. During this time, the Department of Justice must conduct verification of documents in the application for Vietnamese citizenship; make a complete list of documents in each application, together with a list of applicants for Vietnamese citizenship according to the prescribed form.
– Within 10 working days from the date of receipt of verification results, the Department of Justice shall complete the dossier and submit it to the President of the provincial People’s Committee.
– Within 10 working days from the date of receipt of the request of the Department of Justice, the President of the People’s Committee of the province shall consider, conclude and propose opinions to the Ministry of Justice.
– Within 20 days from the date of receiving the written proposal of the President of the People’s Committee of the province, the Ministry of Justice is responsible for re-examining the application file, if it deems that there are conditions for naturalization in Vietnam. then send a written notice to the applicant for naturalization in Vietnam to carry out the procedures for applying for renunciation of foreign nationality, unless the applicant for naturalization in Vietnam applies to retain foreign nationality (this person must satisfy all the following conditions: to be considered a special case) or stateless.
– Within 10 working days after receiving the certificate of renunciation of foreign nationality of the applicant for Vietnamese citizenship, the Minister of Justice shall, authorized by the Prime Minister, sign the written request to the President. country to consider and decide.
– If it is deemed that the application for Vietnamese nationality is incomplete, and the naturalization applicant has not yet fully satisfied the conditions for naturalization in Vietnam, the Ministry of Justice shall send a written notice to the provincial-level People’s Committee. send it to the Department of Justice to guide naturalization applicants to supplement their dossiers and complete eligibility. Within 5 working days from the date of receipt of the Ministry of Justice’s notice, the Department of Justice shall issue written instructions to the naturalization applicant to supplement the dossier and complete the eligibility requirements.
– For the case of applying for Vietnamese nationality and simultaneously applying to retain foreign nationality without sufficient documents to prove that it falls into a special case as prescribed, the Ministry of Justice shall send a written notice to the People’s Committee of Vietnam. province to request the person to proceed with the renunciation of foreign nationality.
Within 9 months from the date on which the Ministry of Justice issues a written notice, the applicant for Vietnamese citizenship fails to supplement the dossier, fails to fully satisfy the conditions or fails to submit the documents of the competent authority of the foreign country. In addition to relinquishing foreign nationality, it is considered that such person does not continue to apply for Vietnamese citizenship and the Ministry of Justice returns the dossier. The time limit of 9 months shall not be included in the time limit for processing dossiers as prescribed in Clause 3, Article 21 of the Law on Vietnamese Nationality.
– Within 10 working days after receiving the certificate of renunciation of foreign nationality of the applicant for Vietnamese citizenship, the Minister of Justice shall, authorized by the Prime Minister, sign the written request to the President to consider and decide.
– In case an applicant for naturalization in Vietnam applies to retain foreign nationality and falls under special circumstances to retain foreign nationality or is a stateless person, within 20 days from the date of receipt of the written proposal of the President of the provincial-level People’s Committee, the Ministry of Justice is responsible for re-checking the dossier. If deeming that the applicant for naturalization in Vietnam fully meets the conditions for naturalization in Vietnam, the Minister of Justice shall authorize the applicant for naturalization. Acting Prime Minister to sign the Report requesting the State President to consider and decide. When considering the application for naturalization in Vietnam and at the same time applying for the retention of foreign nationality in the special case specified in Article 9 of Decree No. 16/2020/ND-CP, if the application is found to be complicated or related Regarding political security, the Ministry of Justice consults with relevant ministries and branches before reporting to the Prime Minister.
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Frequently asked questions
The Law on Nationality 2008, amended and supplemented in 2014, provides for the bases for determining Vietnamese nationality in Articles 14, 15, 16, and 17, according to which:
Children born inside or outside the Vietnamese territory and whose parents are both Vietnamese citizens have Vietnamese nationality when they are born.
Children whose father or mother is Vietnamese, the other is stateless or the mother is a Vietnamese citizen, and the other is stateless and has Vietnamese nationality;
– Children born with one parent who is a Vietnamese citizen and the other is a foreign citizen shall have Vietnamese nationality. When the parents have a written agreement, it does not matter whether the child is born. out anywhere, inside or outside the territory of Vietnam. Where a child is born in the Vietnamese territory and the parents cannot agree on the choice of nationality for the child, such child shall have Vietnamese nationality.
Children born in the territory of Vietnam whose parents are stateless, but have a permanent residence in Vietnam, have Vietnamese nationality.
Children born in the territory of Vietnam whose mother is stateless, but has a permanent residence in Vietnam, and whose father is unknown, has Vietnamese nationality.
Abandoned infants, children found in the territory of Vietnam, whose parents are unknown, have Vietnamese nationality.
In order to create consistency in understanding and proper application of the regulations on entry conditions, please return to Vietnamese nationality but retain foreign nationality in Clause 3, Article 19; Clause 5, Article 23 of the Nationality Law 2008, Decree Decree 16/2020/ND-CP has more clearly defined special cases. As follows:
For the case of naturalization of Vietnam without having to renounce foreign nationality, Article 9 stipulates that a special case of applying for Vietnamese nationality and concurrently applying to retain foreign nationality is a case that fully meets all requirements. conditions in this Article.
For the case of applying for restoration of Vietnamese nationality and at the same time applying to retain foreign nationality, Article 14 stipulates that the applicant for restoration of Vietnamese nationality falls into one of the cases specified in Clause 5, Article 23 of the Law on Vietnamese Nationality. In 2008, if all conditions are met, it will be considered as a special case to submit to the President for consideration of the return of Vietnamese nationality without having to renounce foreign nationality.
Thus, according to the above provisions, it can be understood that Vietnam has allowed citizens to hold dual citizenship in some special cases. However, it is necessary to be clearly aware that these are all special cases, with the permission of the President of the State to be able to hold dual citizenship (dual citizenship). This provision creates a clear legal basis for the competent authority to handle the citizenship application; avoid the situation of having different interpretations leading to complaints and lawsuits.
If an applicant for naturalization in Vietnam does not fully meet the conditions as prescribed by law, he/she will be refused for naturalization in Vietnam. Besides, if foreigners and stateless people have naturalized Vietnamese nationality, they may still lose Vietnamese nationality in the following cases:
Having an application for renunciation of Vietnamese nationality, except for cases where the Vietnamese nationality has not yet been relinquished according to Clause 2, Article 17 of the Law on Vietnamese Nationality 2008.
Being deprived of Vietnamese nationality. Accordingly, a person who has acquired Vietnamese nationality, whether residing in or outside the Vietnamese territory, may also have his/her Vietnamese nationality stripped of his/her Vietnamese nationality if he/she commits acts of serious harm to the national independence, to the construction and defense of the Vietnamese Fatherland or to the prestige of the Socialist Republic of Vietnam.
The decision for naturalization of Vietnam has been canceled. Accordingly, if a person who has naturalized Vietnamese nationality, whether residing in or outside the Vietnamese territory, intentionally declares untruthfully or falsifies papers when applying for Vietnamese nationality, the decision on granting naturalization shall be decided. Vietnam may be canceled, if granted less than 5 years. The annulment of the decision for naturalization in Vietnam of one spouse does not change the Vietnamese nationality of the other.