Latest conditions for naturalization in Vietnam

Latest conditions for naturalization in Vietnam (Internet image)

1. Conditions for naturalization in Vietnam

In Article 19 of the Law on Vietnamese Nationality 2008, the conditions for naturalization in Vietnam are 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 2008if 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.

2. Dossiers of application for Vietnamese nationality

Article 20 of the Law on Vietnamese Nationality 2008 stipulates that a dossier of application for Vietnamese nationality comprises:

(1) An application for Vietnamese nationality;

(2) A copy of the birth certificate, passport or other substitute papers;

(3) A curriculum vitae;

(4) A judicial record issued by a competent Vietnamese authority for the period the applicant resides in Vietnam and 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 date of filing the dossier;

(5) Papers proving his/her Vietnamese language skills;

(6) Papers proving his/her place and period of residence in Vietnam;

(7) Papers proving his/her ability to make livelihood in Vietnam.

Note: For persons exempt from several conditions on naturalization in Vietnam specified in Clause 2, Article 19 of the Law on Vietnamese Nationality 2008, papers corresponding to exempted conditions are not required.

3. Order of and procedures for processing of dossiers of application for Vietnamese nationality

Article 21 of the Law on Vietnamese Nationality 2008 stipulates the order of and procedures for processing of dossiers of application for Vietnamese nationality as follows:

Step 1:

A person applying for Vietnamese nationality shall file a dossier to the provincial-level Justice Service of the locality where he/she resides.

In case the dossier is incomplete under Clause 1, Article 20 of the Law on Vietnamese Nationality 2008 or invalid, the provincial-level Justice Service shall immediately notify the applicant thereof for supplementation arid completion of the dossier.

Step 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 request for verification of the applicant’s identity.

Within 30 days after the receipt of a request from the provincial-level Justice Service, 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 Vietnamese nationality.

Within 10 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 10 working days after the receipt of a request from the provincial-level Justice Service, the provincial-level People’s Committee president shall consider, make conclusion and send his/her proposal to the Ministry of Justice.

Step 3:

Within 20 working days after the receipt of the proposal from the provincial-level People’s Committee president:

The Ministry of Justice shall re-examine the dossier, if finding that all conditions for naturalization in Vietnam are met, the Ministry shall send a written notification to the applicant for carrying out procedures to renounce his/her foreign nationality, except the case in which the applicant wishes to retain his/her foreign nationality or is a stateless person.

Within 10 working days after the receipt of a written permission for the applicant to renounce 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 applicant wishes to retain his/her foreign nationality or is a stateless person, within 20 days after the receipt of the proposal from the provincial-level People’s Committee president:

The Ministry of Justice shall re-examine the dossier, if finding that the applicant is eligible for naturalization in Vietnam, the Ministry shall report the case to the Prime Minister for submission to the President for consideration and decision.

Step 4: The President shall consider and make decision within 30 working days after the receipt of the Prime Minister’s proposal.

4. Order of, procedures for, and dossiers of application for naturalization in Vietnam applicable to stateless persons permanently residing in Vietnam

Article 22 of the Law on Vietnamese Nationality 2008 stipulates the order of, procedures for, and dossiers of application for naturalization in Vietnam applicable to stateless persons permanently residing in Vietnam as follows:

Stateless persons who do not have adequate personal identification papers but have been stably residing in the Vietnamese territory for 20 years or more by the effective date of the Law on Vietnamese Nationality 2008 and obey Vietnam’s Constitution and laws will be permitted for naturalization in Vietnam under the order, procedures and dossiers specified by the Government.

Ngoc Nhi

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