The majority of Vietnamese are born and raised in Vietnam, but there are also a small number of people who obtain Vietnamese citizenship by naturalization. So what are the conditions and procedures for applying for Vietnamese citizenship? Let’s find out in this article with LSX Law firm.
Legal Ground
- Vietnam Nationality Law 2008;
- Decree 78/2009/ND-CP
Conditions for applying for Vietnamese citizenship
Foreigners with different nationalities and stateless people who are permanently residing in Vietnam and apply for Vietnamese citizenship can acquire Vietnamese nationality, if they fully satisfying the conditions detailed in Clause 1, Article 19 of the Law on Vietnamese Nationality 2008, specifically:
Article 19. Conditions for naturalization of Vietnam
1. Foreigner who has different nationalities or A stateless person who is permanently residing in Vietnam and has an application for naturalization in Vietnam may be naturalized in Vietnam if he/she fully meets the following conditions:
a/ Having full civil act capacity as prescribed; of 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 meet 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 Vietnam;
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 President.
4. The person applying for Vietnamese nationality must have a Vietnamese name. This name is chosen by the applicant for naturalization in Vietnam and is clearly stated in the Decision for naturalization in Vietnam.
5. A person applying for Vietnamese nationality may not acquire Vietnamese nationality if it harms the national interests of Vietnam.
6. The Government shall specify the conditions for obtaining Vietnamese nationality.
Application for applying for Vietnamese citizenship
So, The application for Vietnamese citizenship requires:
1. Then, An application for Vietnamese citizenship must be made according to the form prescribed by the Ministry of Justice.
2. A copy of the birth certificate or another paper of replacement value, including that of a minor child, if the same person applies for Vietnamese citizenship at the same time.
3. A resume according to the form prescribed by the Ministry of Justice
4. . Vote for judicial granted no more than 90 days before the date of the application
5. certificate of Vietnamese proficiency, including knowledge of the culture, history, and laws of Vietnam as stipulated by the Ministry of Education and Training and the Ministry of Justice
6. Proof of residence, permanent residence in Vietnam
7. Certificate of residence, employment, lawful income, or property status in Vietnam issued by the People’s Committee of the commune, where the litigant permanently resides, level
8. Also, A commitment to renunciation of foreign nationality (if any) upon acquiring a Vietnamese citizenship.
– In case of automatic loss of foreign nationality upon being naturalized in Vietnam, the above commitment shall be replaced by a written certification of the diplomatic mission or consular office of the country of which the applicant is a citizen of Vietnamese citizenship. The law of that country provides for automatic loss of nationality in this case.
– In special cases, when applicants for naturalization of Vietnam apply to keep their foreign nationality, they are not required to submit this document, but must make an application to retain foreign nationality according to the form prescribed by the Ministry of Justice.
9. The person applying for Vietnamese nationality must have a Vietnamese name.
Procedures for applying for Vietnamese citizenship:
So, The applicant for Vietnamese citizenship shall submit a dossier to the Department of Justice of the place where he/she resides. In case the dossier does not contain all the prescribed papers or is invalid, the Department of Justice shall immediately notify the applicant for Vietnamese citizenship to supplement and complete the dossier.
Also, Relevant individuals and agencies are Department of Justice, Public Security of provinces and centrally-run cities, Presidents of People’s Committees of provinces. Additionally, The Minister of Justice shall report to the Prime Minister for submission to the President for consideration and decision.
– Processing time: 115 – 125 working days
Fee: – 150 USD / person applying for Vietnamese citizenship
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