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Naturalization in Viet Nam: conditions and procedures

Granted Vietnamese citizenship needs of the foreigner increase more and more. The Law on Vietnamese Nationality 2008, amended and supplemented 2014 and Decree No 16/2020/ND-CP stipulate the conditions, procedures for foreigners to apply for Vietnamese nationality. In this article, T2H Lawyers will explain clearly the legal provisions on applying Vietnamese nationality for foreigners.

  1. Condition for naturalization in Viet Nam

Clause 1 Article 19 of the Law on Vietnamese Nationality 2008, amended and supplemented 2014 stipulates that:

Article 19. Conditions for naturalization in Vietnam
1. Foreign 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.

2. Some exemption from above condition

Clause 2, Article 19 of the Law on Vietnamese Nationality 2008, amended and supplemented 2014 stipulstes that:

2. 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.

NOTES:

  • Applicants for naturalization in Vietnam specified in Clauses 1 and 2, Article 19 of the Law on Vietnamese Nationality must be those who are residing in Vietnam and have been granted permanent residence cards by competent Vietnamese public security agencies. (under Clause 2 Article 7 Decree No. 16/2020/ND-CP).
  • Persons naturalized in Vietnam shall renounce their foreign nationality. (Under Clause 3 Article 19 of the Law on Vietnamese Nationality).

3. Dossiers

According to Article 20 of the Law on Vietnamese Nationality 2008, amended and supplemented 2014 and Article 10 of Decree No. 16/2020/ND-CP, the dossiers of application for Vietnamese nationality include:

a) Application for Vietnamese nationality (according to the form)

b) Certified copy passport of the naturalization applicant and the child

c) Curriculum vitae;

d) 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; (granted by Department of Justice)

e) A copy of permanent resident card;

f) Certified copy Birth Certificate of the child;

g) Commitment form with the content of not using foreign nationality to harm the legal rights and benefits of agencies, organizations, individuals and infringe on Vietnam’s security.

Number of dossiers: 3 sets 

Fees: 3.000.000 VND (In words: Three million Vietnamese dong) (Under Circular No. 281/2016/TT-BTC)

4. Procedures

According to Article 21 of the Law on Vietnamese Nationality, the procedure of naturalization in Vietnam includes of following steps:

  • Step 1: Filing the dossiers to the provincial-level Justice Service of the locality where he/she resides, after checking the valid dossiers, provincial-level Justice Service sends them to provincial-level Department of Public Security;
  • Step 2: The provincial-level Department of Public Security conducts verification of the applicant’s identity and sends verification results to the provincial-level Justice Service;
  • Step 3: The provincial-level Justice Service shall consider the dossiers and send it to the provincial-level People’s Committee president;
  • Step 4: The provincial-level People’s Committee president shall consider, make conclusions and send his/her proposal to the Ministry of Justice;
  • Step 5: The Ministry of Justice shall re-examine the dossier, the Ministry shall send a written notice to the applicant for carrying out procedures to renounce his/her foreign nationality;
  • Step 6: Persons applying for Vietnamese nationality submit a document issued by a foreign authority permitting him/her to renounce foreign citizenship to the Ministry of Justice;
  • Step 7: The Minister of Justice shall report the case to the Prime Minister and submit to the President for consideration and decision => Handover of decisions permitting naturalization in Vietnam.

Timeline: within 125 cumulative days from the date of receiving valid dossiers according to law (the timeline in practice may be longer due to the administration circumstances)

Notes: A person applying for Vietnamese nationality shall file a dossier directly, not authorize others to submit the dossiers.

T2H Law Liability limited company

Head office: G4-4A, Dormitory 708, Lien Ninh, Thanh Tri, Hanoi

Branch office: Floor 4, no.2, 115 Chien Thang Street, Van Quan Ward, Ha Dong District, Hanoi.

Phone: 0242 242 9900 – 0989 656 682

Website: https://t2hlawyers.vn

Email: contact.t2h@t2h.vn – huong.le@t2h.vn

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