When living in a nation’s territory, citizens with the nationality of the host country benefit the most. Therefore, when moving abroad to work and reside, many people wish to acquire the nationality of the country they intend to come to. Same to Vietnam, Vietnamese citizens which means people holding Vietnamese nationality enjoy the most facilitate living conditions. However, to acquire Vietnamese nationality, they have to get an insight into Vietnamese law, especially the conditions for naturalization in Vietnam prescribed in the Law on Vietnamese nationality 2008. So, in this article LSX legal firm provides: “Service of naturalization for foreigners in Vietnam”
- Law on Vietnamese nationality 2008
Vietnamese nationality and rights to the nationality
Vietnamese nationality reflects the cohesive relationship between individuals and the State of the Socialist Republic of Vietnam, giving rise to the rights and obligations of Vietnamese citizens toward the State and the rights and responsibilities of the State of the Socialist Republic of Vietnam toward Vietnamese citizens.
Rights to nationality
In the Socialist Republic of Vietnam, every individual has the right to nationality. Vietnamese citizens will not be deprived of their Vietnamese nationality, except for cases prescribed in Article 31 of the Law on Vietnamese nationality 2008.
The State of the Socialist Republic of Vietnam is a unified state of all ethnic groups living in the Vietnamese territory; all members of ethnic groups have equal right to have Vietnamese nationality.
Conditions to acquire Vietnamese nationality
Article 19 of the Law on Vietnamese nationality 2008 stipulates the conditions to acquire Vietnamese nationality as follows:
Article 19. Conditions for naturalization in VietnamForeign nationals and stateless persons permanently residing in Vietnam who file applications for Vietnamese nationality may be permitted for naturalization in Vietnam if they satisfy the following conditions:
a/ Having the full civil act capacity as prescribed by Vietnam’s laws;
b/ Obeying the Constitution and laws of Vietnam; respecting the traditions, customs, and practices of the Vietnamese nation;
c/ Understanding Vietnamese sufficiently enough to integrate themselves into the Vietnamese community;
d/ Having resided in Vietnam for 5 years or more by the time of application for naturalization;
e/ Being capable of making their livelihood in Vietnam.
Those who apply for Vietnamese nationality may be permitted for naturalization in Vietnam without having to fully meet the conditions prescribed at Points c, d, and e, Clause 1 of this Article if they fall into one of the following cases:
a/ Being spouses, natural parents, or natural offsprings of Vietnamese citizens;
b/ Having made meritorious contributions to Vietnam’s national construction and defense;
c/ Being helpful to the State of the Socialist Republic of Vietnam.
Persons naturalized in Vietnam shall renounce their foreign nationality, except for those defined in Clause 2 of this Article in special cases, if so permitted by the President.
Persons applying for Vietnamese nationality must have Vietnamese names. These names may be selected by the applicants and written in the decisions on naturalization in Vietnam.
Persons applying for Vietnamese nationality may not be permitted for naturalization if such naturalization is detrimental to Vietnam’s national interests.
The Government shall specify conditions for naturalization in Vietnam.
Dossiers of application for Vietnamese nationality
A dossier of application for Vietnamese nationality comprises:
- Firstly, an application for Vietnamese nationality.
- Secondly, a copy of the birth certificate, passport, or other substitute papers.
- Thirdly, a curriculum vitae.
- Fourthly, a judicial record issued by a competent Vietnamese authority for the period the applicant resides in Vietnam and a judicial record issued by a competent foreign authority for the period the applicant resides in the foreign country. Judicial records must be issued within 90 days before the date of filing the dossier.
- Fifthly, papers proving his/her Vietnamese language skills.
- Also, papers proving his/her place and period of residence in Vietnam.
- Lastly, papers proving his/her ability to make a livelihood in Vietnam.
For persons exempt from several conditions on naturalization in Vietnam specified in Clause 2, Article 19 of the Law on Vietnamese nationality 2008, papers corresponding to exempted conditions are not required.
Procedure for applying Vietnamese nationality
Step 1: Apply for Vietnamese nationality
A person applying for Vietnamese nationality shall file a dossier to the provincial-level Justice Service of the locality where he/she resides. In case the dossier is incomplete under Clause 1, Article 20 of the Law on Vietnamese nationality 2008 or invalid, the provincial-level Justice Service shall immediately notify the applicant thereof for supplementation arid completion of the dossier.
Step 2: process the application
Within 5 working days after the receipt of a complete and valid dossier, the provincial-level Justice Service shall send to the provincial-level Public Security Department a request for verification of the applicant’s identity.
Within 30 days after the receipt of a request from the provincial-level Justice Service, the provincial-level Public Security Department shall conduct verification and send verification results to the provincial-level Justice Service. During this period, the provincial-level Justice Service shall examine papers in the dossier of applications for Vietnamese nationality.
Within 10 working days after the receipt of verification results, the provincial-level Justice Service shall complete the dossier for submission to the provincial-level People’s Committee president.
Within 10 working days after the receipt of a request from the provincial-level Justice Service, the provincial-level People’s Committee president shall consider, make conclusion and send his/her proposal to the Ministry of Justice.
Step 3: re-examine of dossier
Within 20 working days after the receipt of the proposal from the provincial-level People’s Committee president, the Ministry of Justice shall re-examine the dossier, if finding that all conditions for naturalization in Vietnam are met, the Ministry shall send a written notification to the applicant for carrying out procedures to renounce his/her foreign nationality, except the case in which the applicant wishes to retain his/her foreign nationality or is a stateless person. Within 10 working days after the receipt of a written permission for the applicant to renounce his/her foreign nationality, the Minister of Justice shall report the case to the Prime Minister for submission to the President for consideration and decision.
In case the applicant wishes to retain his/her foreign nationality or is a stateless person, within 20 days after the receipt of the proposal from the provincial-level People’s Committee president, the Ministry of Justice shall re-examine the dossier, if finding that the applicant is eligible for naturalization in Vietnam, the Ministry shall report the case to the Prime Minister for submission to the President for consideration and decision.
Step 4: making the decision
The President shall consider and make decision within 30 working days after the receipt of the Prime Minister’s proposal.
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The above content details information regarding “Service of naturalization for foreigners in Vietnam”. LSX Legal Firm has provided effective legal guidance to businesses and individuals with reasonable prices as well as efficient outcomes in recent years. Following legal principles, we always update and keep our operations and services on track with the law. If you need any further information from the firm’s solicitors, please contact LSX Law firm: +84846175333 or Email: email@example.com
Frequently asked questions
Stateless persons who do not have adequate personal identification papers but have been stably residing in the Vietnamese territory for 20 years or more by the effective date of this Law and obey Vietnam’s Constitution and laws will be permitted for naturalization in Vietnam under the order, procedures and dossiers specified by the Government.
Having applied for permission to return to Vietnam.
His/her spouse, a natural parent or a natural offspring is a Vietnamese citizen.
Having made meritorious contributions to Vietnam’s national construction and defense.
Being helpful to the State of the Socialist Republic of Vietnam.
Conducting investment activities in Vietnam.
Having renounced Vietnamese nationality for acquisition of a foreign nationality but failing to obtain permission to acquire the foreign nationality.
A child born inside or outside the Vietnamese territory whose parents, at the time of his/her birth, are both Vietnamese citizens has Vietnamese nationality. In case only one of the parents hold Vietnamese nationality, the children also acquire Vietnamese nationality.