Korean Nationals Marrying Vietnamese Citizens Seeking Naturalization: Is Renunciation of Korean Citizenship Required?
Pursuant to Clauses 1 and 2, Article 19 of the 2008 Vietnam Nationality Law stipulating the conditions for naturalization in Vietnam:
Foreign citizens who are residing permanently in Vietnam and applying for Vietnamese nationality shall be accepted if they meet the following conditions:
- Possess full civil act capacity as prescribed by Vietnamese law;
- Abide by the Constitution and laws of Vietnam; respect the traditions, customs, and practices of the Vietnamese people;
- Have sufficient Vietnamese language proficiency to integrate into the Vietnamese community.
- Have been permanently residing in Vietnam for 5 years or more as of the time of applying for Vietnamese nationality.
- Have the ability to ensure their livelihood in Vietnam.
In case you are a Vietnamese citizen, your husband only needs to meet the following conditions:
- Possess full civil act capacity as prescribed by Vietnamese law;
- Abide by the Constitution and laws of Vietnam; respect the traditions, customs, and practices of the Vietnamese people;
According to Clause 3, Article 19 of the 2008 Vietnam Nationality Law:
”A person who acquires Vietnamese nationality must renounce their foreign nationality, except for those specified in Clause 2 of this Article...”
Hence, in the case where you are a Vietnamese citizen, your husband falls under the category specified in Point a, Clause 2 of this Article. Therefore, according to the regulations in Clause 3, your husband can acquire Vietnamese nationality without having to renounce his South Korean nationality.
As for the case where you are not a Vietnamese citizen, your husband must renounce his South Korean nationality or fall under one of the following special cases if granted permission by the President in accordance with Article 9 of Decree 16/2020/ND-CP:
- Meet the conditions for Vietnamese nationality as stipulated by the Vietnam Nationality Law.
- Have made exceptional contributions to the construction and defense of the Vietnamese Fatherland, and the acquisition of Vietnamese nationality while retaining the foreign nationality is beneficial for the Socialist Republic of Vietnam.
- The request to retain foreign nationality upon acquiring Vietnamese nationality is in accordance with the laws of the foreign country.
- Renouncing the foreign nationality would lead to an adverse effect on the individual's rights in the foreign country.
- Do not use foreign nationality to cause harm to the lawful rights and interests of agencies, organizations, and individuals; infringe on national security, interests, order, and safety of the Socialist Republic of Vietnam.
The above content is the response from the editorial board to your inquiry.
Respectfully!
