Getting Vietnamese citizenship means the Socialist Republic of Vietnam considers you as a Vietnamese citizen. They will enjoy the rights and obligations of Vietnamese law. How to get Vietnamese citizenship? Let’s find out in this article with LSX Law firm.
Legal Ground
- Law on Vietnamese Nationality 2008.
- Decree 16/2020/ND-CP.
What is nationality?
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 a citizen of that country. So, the current law on nationality has specific provisions on conditions and procedures for how to get Vietnamese citizenship. However, if you still have problems with this issue, you can contact us for assistance.
Also, We can understand in a basic way that: nationality is attached to a person from the moment he or she is born, except in some cases where for certain reasons there may be a change of nationality.
Additionally, nationality means that he or she is a citizen of the country of which he or she is a national. Therefore, the state must have certain rights and obligations towards its citizens and vice versa.
Basic rights and obligations of citizens
To define the basic rights and obligations of citizens, we first must determine nationality. If rights and obligations are the central provisions of the Constitutional Law on the legal status of citizens; nationality is a pre-conditional and decisive institution. Only on the basis that an individual’s nationality has been determined can their citizenship rights and obligations be clearly and fully determined. Because not everyone who lives on the territory of a country is also a citizen of that state. Between citizens and non-citizens of the state; There are fundamental differences in rights and obligations.
The characteristics of nationality are: a person who holds the nationality of a state enjoys the rights and has to perform the obligations prescribed by the law of that state; at the same time subject to the control and management of all aspects of the state.
Legal regulations on conditions and procedures to get Vietnamese citizenship
Conditions to get Vietnamese citizenship
Basic conditions
According to Article 19 of the Law on Nationality 2008 and amended and supplemented by Article 7 of Decree 16/2020/ND-CP regulations; then the conditions to get Vietnamese citizenship in Vietnam include:
Foreign citizens and stateless people who are permanently residing in Vietnam can get Vietnamese citizenship if the following conditions are fully satisfied:
- 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 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 05 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;
- Able to secure life in Vietnam. This ability is proved by assets, lawful income source of the applicant for Vietnamese citizenship; or the guarantee of organizations and individuals in Vietnam.
In addition, in Clause 2, Article 2 of the Law on Nationality 2008, an
applicants for Vietnamese nationality get Vietnamese citizenship without having to meet the conditions on language, permanent residence, and the ability to ensure a safe life. living; 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 merits for contributing 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 person wanting to get Vietnamese citizenship wants to keep the foreign nationality
According to the provisions of the Law on Nationality; Those 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 merit to contribute to the cause of construction and defense of Vietnam; 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 wanting to get Vietnamese citizenship needs to meet the following conditions:
- The applicant for Vietnamese nationality must have a Vietnamese name.
- Persons applying for Vietnamese nationality may not acquire Vietnamese nationality; if it harms the national interests of Vietnam.
Applying to get Vietnamese citizenship
Submit a dossier
So, According to the provisions of Clause 1, Article 21 of the Law on Nationality 2008, The person wanting to get Vietnamese citizenship must submit the dossier to the Department of Justice of the place of residence:
Then, The applicant for naturalization of Vietnam shall submit the dossier to the Department of Justice of the place of residence.
- In case the dossier is complete and valid, the Department of Justice shall receive and issue the dossier-receiving slip to the applicant.
- If the application is incomplete or invalid, the Department of Justice shall immediately notify the applicant for Vietnamese citizenship to supplement and complete the application.
Finally, hope this article is useful for you to know more about: How to get Vietnamese citizenship? If you need any further information, please contact LSX Law firm : +84846175333 or Email: [email protected]
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