Vietnam: What are the conditions for Vietnamese citizenship for Overseas Vietnamese, foreign nationals and stateless persons residing permanently in Vietnam?
What are the conditions for returning Vietnamese nationality for Overseas Vietnamese?
According to Article 23 of the Law on Nationality of Vietnam 2008, the case of return to Vietnamese nationality is as follows:
“Article 23. Cases in which restoration of Vietnamese nationality is permitted
1. A person who has lost his/her Vietnamese nationality as prescribed in Article 26 of this Law and applies for restoration of Vietnamese nationality may restore his/her Vietnamese nationality, if he/she falls into any of the following cases:
a/ Having applied for permission to return to Vietnam;
b/ His/her spouse, a natural parent or a natural offspring is a Vietnamese citizen;
c/ Having made meritorious contributions to Vietnam’s national construction and defense;
d/ Being helpful to the State of the Socialist Republic of Vietnam;
e/ Conducting investment activities in Vietnam;
f/ Having renounced Vietnamese nationality for acquisition of a foreign nationality but failing to obtain permission to acquire the foreign nationality.
2. Persons applying for restoration of Vietnamese nationality may not restore Vietnamese nationality, if such restoration is detrimental to Vietnam’s national interests.
3. A person who has been deprived of his/her Vietnamese nationality may only be considered for restoration of Vietnamese nationality for at least 5 years after the date he/she is deprived of Vietnamese nationality.
4. Persons applying for restoration of Vietnamese nationality shall use their previous Vietnamese names, which must be written in the decisions permitting the restoration of Vietnamese nationality.
5. Persons permitted to restore Vietnamese nationality shall renounce their foreign nationality, except for the following persons in special cases, if so permitted by the President, who:
a/ Are spouses, natural parents or natural offsprings of Vietnamese citizens;
b/ Have made meritorious contributions to Vietnam’s national construction and defense;
c/ Are helpful to the State of the Socialist Republic of Vietnam.
6. The Government shall specify conditions on restoration of Vietnamese nationality.”
Vietnam: What are the conditions for Vietnamese citizenship for Overseas Vietnamese, foreign nationals and stateless persons residing permanently in Vietnam?
What are the conditions for Vietnamese citizenship for foreigners and stateless persons who are permanently residing in Vietnam?
According to Article 19 of the Law on Nationality of Vietnam 2008, the conditions for naturalization of Vietnam for each subject are prescribed as follows:
“Aticle 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. 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.
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.
4. 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.
5. Persons applying for Vietnamese nationality may not be permitted for naturalization if such naturalization is detrimental to Vietnam’s national interests.
6. The Government shall specify conditions for naturalization in Vietnam.”
What are some special cases in Vietnamese naturalization?
Article 7 of Decree 16/2020/ND-CP stipulates a number of conditions for naturalization of Vietnam as prescribed in Article 19 of the Law on Nationality of Vietnam:
“Article 7. Conditions for naturalization of Vietnamese nationality according to Article 19 of Law of Vietnamese Nationality
1. Be fluent in Vietnamese enough to blend into Vietnamese community refers to capacity to hear, speak, read and write in Vietnamese satisfactory to living and working environment of applicants for naturalization of Vietnamese nationality.
2. Applicants for naturalization of Vietnamese nationality specified in Clauses 1 and 2 Article 19 of Law on Vietnamese Nationality must be residing in Vietnam and provided with Permanent Residence Cards by competent police agencies of Vietnam.
Duration of stay in Vietnam of applicants for naturalization of Vietnamese nationality shall begin from the date on which the applicants are issued with Permanent Residence Cards.
3. 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.”
According to Article 8 of Decree 16/2020/ND-CP stipulating that persons are exempt from some conditions for Vietnamese naturalization as prescribed at Points b and c, Clause 2, Article 19 of the Law on Nationality of Vietnam as follows:
“Article 8. Eligibility for exemption from conditions for naturalization of Vietnamese nationality specified in Points b and c Clause 2 Article 19 of Law of Vietnamese Nationality
1. Having made meritorious contributions to Vietnam’s national construction and defense means being awarded with medals or other prestigious titles of Government of the Democratic Republic of Vietnam, Provisional Revolutionary Government of the Republic of South Vietnam, Government of Socialist Republic of Vietnam or having confirmation of competent agencies of Vietnam regarding said meritorious contributions on the basis of documents and remarks of relevant agencies and organizations and specialized regulations and law.
2. Being helpful for Government of Socialist Republic of Vietnam means having outstanding talents in fields of science, economy, culture, social, arts, sports, health, education, having won international awards, medals or certified by presiding agencies or organizations, confirmed by ministerial regulatory agencies regarding talents and positive and long-lasting contribution towards said fields of Vietnam after naturalization is well-grounded.”
According to Article 9 of Decree 16/2020/ND-CP stipulating special cases of applying for Vietnamese citizenship and applying to keep foreign nationality as prescribed in Clause 3, Article 19 of the Law on Nationality of Vietnam as follows:
“Article 9. 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, filling in the conditions for Vietnamese naturalization for Overseas Vietnamese, foreign nationals and stateless persons who are permanently residing in Vietnam according to the above provisions.
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