Do I have to be issued with Permanent Residence Cards to apply for naturalization of Vietnamese nationality?
Do I have to be issued with Permanent Residence Cards to apply for naturalization of Vietnamese nationality? What are conditions of naturalization of Vietnamese nationality and retention of foreign nationality?
Hello, I have an American friend living in Vietnam, now he wants to apply for Vietnamese nationality, when he askes the naturalization agency, they require a permanent resident card to apply for naturalization. Is that true or are they just making it difficult? Please advise.
1. Do I have to be issued with Permanent Residence Cards to apply for naturalization of Vietnamese nationality?
Pursuant to Article 7 of Decree 16/2020/ND-CP stipulating conditions for naturalization of Vietnamese nationality according to Article 19 of Law of Vietnamese Nationality as follows:
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.
In addition, Article 19 of the Law on Vietnamese Nationality 2008 stipulates:
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.
Thus, your friend needs to be issued with Permanent Residence Cards in Vietnam and meet the conditions specified above to be able to apply for Vietnamese nationality.
2. What are conditions of naturalization of Vietnamese nationality and retention of foreign nationality?
According to Article 9 of Decree 16/2020/ND-CP stipulating special cases of naturalization of Vietnamese nationality and retention of foreign nationality as specified in Clause 3 Article 19 of Law on Vietnamese Nationality as follows:
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.
According to this Article, foreigners who apply for Vietnamese nationality but still retain their foreign nationality must meet the above conditions.
Best Regards!
