Procedures for applying for Vietnamese citizenship

by NguyenThiThuTrang

In order to be guaranteed the rights and obligations of citizenship and human rights in the territory of Vietnam, citizens need to have Vietnamese nationality. Subjects to be naturalized in Vietnam? Are foreigners required to acquire Vietnamese nationality when coming to Vietnam? What is the current order and procedures for applying for Vietnamese citizenship? Please refer to the following article of Lawyer X. Hope the article is useful for you to read!

Law on Vietnamese Nationality 2008 (amended and supplemented in 2014)
Decree 16/2020/ND-CP

Consulting content

What is nationality?

Nationality is the basic regulation of the Law on Citizenship on the legal status of citizens, a mandatory legal premise for individuals to be able to enjoy the rights and obligations of citizenship of the state.

Vietnamese nationality represents an individual’s close relationship with the State of 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. Socialist Republic of Vietnam for Vietnamese citizens.

Nationality represents a very stable relationship that is stable over time. This relationship is not easily changed, but can only be changed in special cases, with very strict conditions. For foreigners who have applied for citizenship of a state, the long-term or short-lived relationship depends on that person’s attitude towards the state of which they are national (positive or negative). ).

Nationality Principle

The legal basis in Article 4 of the Law on Vietnamese nationality stipulates:

The State of the Socialist Republic of Vietnam recognizes Vietnamese citizens with one nationality as Vietnamese nationality, unless otherwise provided for in this Law.

Principle of one nationality

This principle is not meant to eliminate dual citizenship.

– For multi-national citizens, entering with any passport will be considered a citizen of that country and in case of conflict will be protected according to the country on the passport upon entry.

– As for the right to stand for election, usually countries only recognize candidate citizens as citizens with only one nationality of the candidate country. Therefore, if a candidate has multiple nationalities, he or she will not be able to participate in the political system or he will have to give up his other nationality, even having to reside in the territory of this candidate’s country. a certain time.

– With regard to the right to vote, usually developing countries with low economic potential do not clearly stipulate whether their citizens abroad can vote or not. However, in some developed countries, their citizens abroad can have the right to vote through forms organized at diplomatic and consular missions abroad.

– For children, usually countries give maximum preference because conflicts of nationality are very few, rare. Creating conditions for children to have multiple nationalities recognized to maximize the benefits that children enjoy and stipulating that a certain age when that child grows up will have full freedom to choose his or her nationality.

Principle of Multinationality

For many subjective and objective reasons, a significant part of which is due to the difference in nationality laws of different countries, leading to a situation where a person has 2 or more nationalities.

In order to deal with problems involving multiple nationalities, countries adopt an approach based on the principle of a flexible nationality. In essence, this principle does not exclude the possibility that a person may have two or more nationalities.

The advantage of the above principle is that it both ensures the principle of one nationality and ensures development resources, helping countries to handle more flexibly in the case of 2 or more nationalities, especially, the above principle. balance between the principle of radical one nationality and the principle of multiple citizenship.

Subjects who are granted Vietnamese nationality

Article 19 of the Law on Vietnamese nationality stipulates the conditions for obtaining Vietnamese nationality as follows:

  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;
    e) Capable of ensuring life in Vietnam.

For people who do not have the above conditions

  1. 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 spouse, natural father, mother or natural child of a Vietnamese citizen; b) Having special meritorious contributions to the cause of construction and defense of the Vietnamese Fatherland; c) Benefiting the Communist State. Socialist Republic of Vietnam.

Other cases

  1. 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.
  2. The person applying for Vietnamese nationality must have a Vietnamese name. This name is chosen by the applicant for naturalization in Vietnam and clearly stated in the Decision for naturalization in Vietnam.
  3. A person applying for Vietnamese nationality may not acquire Vietnamese nationality if it harms the national interests of Vietnam.
  4. The Government shall specify the conditions for obtaining Vietnamese nationality.”

Order and procedures for naturalization of Vietnam

Step 1: Prepare documents

A dossier of application for Vietnamese citizenship includes the following documents:

– Application for naturalization in Vietnam

– A copy of the birth certificate, passport or papers with information about the person’s full name, date of birth, pasted with a photo of that person and stamped by a competent authority or a passport or valid travel document. international return;

CV declaration;

Judicial record card issued by a competent Vietnamese agency. Judicial record cards must be issued within 90 days from the date of filing;

Documents proving Vietnamese proficiency;

– Copy of Permanent Resident Card;

– Proof of life insurance in Vietnam;

If the minor child is a Vietnamese citizen with his/her parents, a copy of the birth certificate or other valid document proving the parent-child relationship is required;

– For people who are exempt from some conditions for naturalization in Vietnam, they do not need to provide documents corresponding to the conditions for which they are exempt. However, they will have to submit documents to prove their eligibility for an exemption:

Step 2: Submit your application

The dossier is submitted directly at the Department of Justice where the person resides.

Step 3: Get the result

  • In case the application is complete; valid, the Department of Justice will receive; and issue to the applicant the application receipt slip. The applicant comes to receive the results according to the appointment schedule (the processing time is about 115 days).
  • In case the application does not contain all documents; or invalid, the Department of Justice shall immediately notify the applicant for additional Vietnamese citizenship; complete profile.

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Frequently asked questions

Fees for naturalization in Vietnam for foreigners?

Pursuant to Circular 281/2016/TT-BTC, the fee for applying for Vietnamese citizenship is VND 3,000,000/case.

Cases in which the fee for applying for Vietnamese citizenship is exempted?

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.

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