What is naturalization? What are the conditions for naturalization in Vietnam?

Regarding this matter, LawNet would like to answer as follows: 

1. What is naturalization?

Currently, Vietnam does not have any specific legislative documents that define the term "naturalization".

Naturalization can be understood as the process by which an individual moves to another country and becomes a citizen of that country. Naturalization can serve the purpose of long-term settlement, studying, or working in the new country.

Currently, there are various forms of naturalization, and here are some common forms:

- Immigrant Investor Program: Countries provide opportunities for individuals to settle by investing in their businesses or real estate, and subsequently be naturalized.

- Naturalization through Marriage or Family: Naturalization by marrying a foreigner or through family members who are already residing in a foreign country.

- Studying Abroad for Settlement: Studying at universities or colleges to have the opportunity for legal and convenient settlement and naturalization.

- Naturalization through Labor Programs: Some countries open doors for immigrant workers to meet labor demands, allowing them to work and reside legally, and subsequently be eligible for naturalization if they meet the requirements.

- Special Programs for Entrepreneurs and Celebrities: Some countries have special naturalization policies for entrepreneurs and celebrities.

There are many other forms of naturalization, but individuals wishing to naturalize must be well-informed about the information and requirements of each form in order to prepare meticulous documents and meet the naturalization criteria.

2. What are the conditions for naturalization in Vietnam?

Pursuant to Article 19 of the Law on Vietnamese Nationality 2008, the conditions for naturalization in Vietnam are stipulated as follows:

- 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;

+ Having resided in Vietnam for 5 years or more by the time of application for naturalization;

+ 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 Article 19 of the Law on Vietnamese Nationality 2008 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.

- Persons naturalized in Vietnam shall renounce their foreign nationality, except for those defined in Clause 2 of Article 19 of the Law on Vietnamese Nationality 2008 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.

In addition, Article 7 of Decree 16/2020/ND-CP stipulates a number of conditions for acquiring Vietnamese nationality as prescribed in Article 19 of the Law on Vietnamese Nationality 2008 as follows:

- 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.

- Applicants for naturalization of Vietnamese nationality specified in Clauses 1 and 2 Article 19 of Law on Vietnamese Nationality 2008 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.

- 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.

Thus, your husband will be naturalized in Vietnam if he is permanently residing in Vietnam, applies for Vietnamese citizenship, and meets the conditions of having full civil act capacity and complying with the Constitution and Vietnamese law; Respect the traditions, customs, and practices of the Vietnamese people. And especially, your husband will not need to give up his Korean nationality when naturalizing in Vietnam.

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