After naturalization in Vietnam, can foreigners still retain their foreign nationality?
What conditions must a foreigner want to be naturalized in Vietnam?
Pursuant to Article 19 of the 2008 Law on Vietnamese Nationality and Article 7 of Decree No. 16/2020/ND-CP, foreigners who want to be naturalized in Vietnam must meet the following conditions:
- 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:
+ Having the full civil act capacity as prescribed by Vietnam’s laws;
+ Obeying the Constitution and laws of Vietnam; respecting the traditions, customs and practices of the Vietnamese nation;
+ Understanding Vietnamese sufficiently enough to integrate themselves into the Vietnamese community (capacity to hear, speak, read and write in Vietnamese satisfactory to living and working environment of applicants for naturalization of Vietnamese nationality);
+ Having resided in Vietnam for 5 years or more by the time of application for naturalization;
+ Ability to ensure livelihood in Vietnam of applicants for naturalization of Vietnam nationality shall be proven by legal assets and sources of income of the applicants or guarantee of organizations and individuals in Vietnam.
- Those who apply for Vietnamese nationality may be permitted for naturalization in Vietnam without having to fully meet the conditions (understanding Vietnamese sufficiently enough to integrate themselves into the Vietnamese community, having resided in Vietnam for 5 years, ability to ensure livelihood in Vietnam) if they fall into one of the following cases:
+ Being spouses, natural parents or natural offsprings of Vietnamese citizens;
+ Having made meritorious contributions to Vietnam’s national construction and defense;
+ Being helpful to the State of the Socialist Republic of Vietnam.
After naturalization in Vietnam, can foreigners still retain their foreign nationality? (Image from the internet)
After naturalization in Vietnam, can foreigners still retain their foreign nationality?
Pursuant to Clause 3, Article 19 of the 2008 Law on Vietnamese Nationality stipulating as follows:
Conditions for naturalization in Vietnam
…
3. 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.
Thus, people naturalized in Vietnam shall renounce their foreign nationality, but there are still special cases, if so permitted by the President.
Pursuant to Article 9 of Decree No. 16/2020/ND-CP stipulating as follows:
Special cases of naturalization of Vietnamese nationality and retention of foreign nationality as specified in Clause 3 Article 19 of Law on Vietnamese Nationality
An applicant for naturalization of Vietnamese nationality falling into any of the cases specified in Clause 2 Article 19 of Law of Vietnamese Nationality shall be considered to be a special case specified in Clause 3 Article 19 of Law on Vietnamese Nationality and proposed to the President for consideration of naturalization of Vietnamese nationality without renunciation of foreign nationality if following conditions are simultaneously satisfied:
1. He/she satisfies the conditions for naturalization of Vietnamese nationality according to Law of Vietnamese Nationality.
2. He/she has made meritorious contribution to Vietnam’s national construction and defense and the naturalization of Vietnamese nationality with retention of foreign nationality is beneficial to the Government of Socialist Republic of Vietnam.
3. Retention of his/her foreign nationality upon naturalization of Vietnamese nationality is satisfactory to regulations and law of said foreign country.
4. Renunciation of foreign nationality leads to impacts on his/her rights and benefits in the foreign country.
5. He/she does not utilize foreign nationality to harm legal rights and benefits of agencies, organizations and individuals; harm national security and benefits, social order and safety of the Government of Socialist Republic of Vietnam.
Thus, a foreigner can apply for naturalization in Vietnam and at the same time apply to retain foreign nationality in the following cases:
- He/she satisfies the conditions for naturalization of Vietnamese nationality according to Law of Vietnamese Nationality.
- He/she has made meritorious contribution to Vietnam’s national construction and defense and the naturalization of Vietnamese nationality with retention of foreign nationality is beneficial to the Government of Socialist Republic of Vietnam.
- Retention of his/her foreign nationality upon naturalization of Vietnamese nationality is satisfactory to regulations and law of said foreign country.
- Renunciation of foreign nationality leads to impacts on his/her rights and benefits in the foreign country.
- He/she does not utilize foreign nationality to harm legal rights and benefits of agencies, organizations and individuals; harm national security and benefits, social order and safety of the Government of Socialist Republic of Vietnam.
What is the dossier of application for Vietnamese nationality?
Pursuant to Article 20 of the 2008 Law on Vietnamese Nationality stipulating as follows:
Dossiers of application for Vietnamese nationality
1. A dossier of application for Vietnamese nationality comprises:
a/ An application for Vietnamese nationality;
b/ A copy of the birth certificate, passport or other substitute papers;
c/ A 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;
e/ Papers proving his/her Vietnamese language skills;
f/ Papers proving his/her place and period of residence in Vietnam;
g/ Papers proving his/her ability to make livelihood in Vietnam.
2. For persons exempt from several conditions on naturalization in Vietnam specified in Clause 2, Article 19 of this Law, papers corresponding to exempted conditions are not required.
3. The Government shall specify papers in dossiers of application for Vietnamese nationality.
Thus, a dossier of application for Vietnamese nationality comprises:
- An application for Vietnamese nationality;
- A copy of the birth certificate, passport or other substitute papers;
- A curriculum vitae;
- A judicial record;
- Papers proving his/her Vietnamese language skills;
- Papers proving his/her place and period of residence in Vietnam;
- Papers proving his/her ability to make livelihood in Vietnam.
LawNet
