Is it possible to apply for restoration of Vietnamese nationality after having renounced Vietnamese nationality?

1. Is it possible to apply for restoration of Vietnamese nationality after having renounced Vietnamese nationality?

Article 23 of the Law on Vietnamese Nationality 2008 stipulates cases in which restoration of Vietnamese nationality is permitted as follows:

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.

Thus, if you fall into one of the cases as prescribed above, you will be allowed to restore to Vietnamese nationality. In addition, you will not be allowed to restore Vietnamese nationality, if such restoration is detrimental to Vietnam’s national interests.

2. What does application for restoration of Vietnamese nationality comprise?

According to Clause 1, Article 24 of the Law on Vietnamese Nationality 2008, anapplication for restoration of Vietnamese nationality includes the following documents:

1. A dossier of application for restoration of Vietnamese nationality comprises:

a/ An application for restoration of Vietnamese nationality;

b/ A copy of the birth certificate, passport or other valid substitute papers;

c/ A curriculum vitae;

d/ A judicial record, issued by a competent Vietnamese authority for the period the applicant resides in Vietnam, or 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 day of submission of the dossier;

e/ Papers proving that the applicant is a former Vietnamese national;

f/ Papers proving the eligibility for restoration of Vietnamese nationality prescribed in Clause 1, Article 23 of this Law.

According to this Article, in order to restore Vietnamese nationality, you need to submit an application to restore to Vietnamese nationality according to the above provisions.

3. What are procedures for processing dossiers of application for restoration of Vietnamese nationality?

Pursuant to Article 25 of the Law on Vietnamese Nationality 2008, procedures for processing dossiers of application for restoration of Vietnamese nationality are as follows:

1. If the person applying for restoration of Vietnamese nationality resides in Vietnam, he/she shall file the dossier to the provincial-level Justice Service in the locality where he/she resides, if residing abroad, he/she shall file the dossier to the overseas Vietnamese representative mission in the host country. In case the dossier is incomplete under Article 24 of this Law or invalid, the dossier-receiving agency shall immediately notify the applicant thereof for supplementation or completion of the dossier.

2. Within 5 working days after the receipt of a complete and valid dossier, the provincial-level Justice Service shall send to the provincial-level Public Security Department a written request for verification of the applicant’s identity.

Within 20 days after the receipt of the provincial-level Justice Service’s request, the provincial-level Public Security Department shall conduct verification and send verification results to the provincial-level Justice Service. During this period, the provincial-level Justice Service shall examine papers in the dossier of application for restoration of Vietnamese nationality.

Within 5 working days after the receipt of verification results, the provincial-level Justice Service shall complete the dossier for submission to the provincial-level People’s Committee president.

Within 5 working days after the receipt of the provincial-level Justice Service’s proposal, the provincial-level People’s Committee president shall consider the dossier, make conclusion and send his/ her opinion to the Ministry of Justice.

3. Within 20 days after the receipt of a valid and complete dossier, the overseas Vietnamese representative mission shall verify and transfer the dossier, together with its opinions on the restoration of Vietnamese nationality, to the Ministry of Foreign Affairs for forwarding to the Ministry of Justice.

In case of necessity, the Ministry of Justice may request the Ministry of Public Security to verify the applicant’s identity.

4. Within 20 days after the receipt of the written proposal of the provincial-level People’s Committee president or the overseas Vietnamese representative mission, the Ministry of Justice shall re-examine the dossier, if finding that the applicant is eligible for restoration of Vietnamese nationality, it shall send a written notification to the applicant for carrying out procedures to renounce his/her foreign nationality, unless the applicant wishes to retain his/her foreign nationality or is a stateless person.

Within 10 working days after the receipt of the certificate of the applicant’s renunciation of his/her foreign nationality, the Minister of Justice shall report the case to the Prime Minister for submission to the President for consideration and decision.

In case the person applying for restoration of Vietnamese nationality wishes to retain his/her foreign nationality or is a stateless person, within 15 days after the receipt of the proposal of the provincial-level People’s Committee president or the overseas Vietnamese representative mission, the Ministry of Justice shall re-examine the dossier, if finding that the applicant is eligible for restoration of Vietnamese nationality, it shall report the case to the Prime Minister for submission to the President for consideration and decision.

5. The President shall consider and make decision within 20 days after the receipt of the Prime Minister’s proposal.

Thus, procedures for processing dossiers of application for restoration of Vietnamese nationality will be carried out in the same order and procedures as above.

Best Regards!