Guidelines for procedures for application for restoration of Vietnamese nationality

1. Conditions for restoration of Vietnamese nationality of overseas Vietnamese

A person who has lost his/her Vietnamese nationality and applies for restoration of Vietnamese nationality may restore his/her Vietnamese nationality, if he/she falls into any of the cases specified in Clause 1 Article 23 of the Law on Vietnamese Nationality 2008. To be specific:

- Having applied for permission to return to Vietnam;

- His/her spouse, a natural parent or a natural offspring is a Vietnamese citizen;

- Having made meritorious contributions to Vietnam’s national construction and defense;

- Being helpful to the State of the Socialist Republic of Vietnam;

- Conducting investment activities in Vietnam;

- Having renounced Vietnamese nationality for acquisition of a foreign nationality but failing to obtain permission to acquire the foreign nationality.

In principle, when carrying out procedures to apply for Vietnamese nationality, overseas Vietnamese must apply to renounce their current foreign nationality, which means that they can only choose one of two nationalities (Vietnamese nationality or foreign nationality). However, overseas Vietnamese may be considered to retain their foreign nationality if they fall into a special case permitted by the State President under the provisions of Clause 5 Article 23 of the Law on Vietnamese Nationality 2008. Including:

- Persons who are spouses, natural parents or natural offsprings of Vietnamese citizens;

- Persons who have made meritorious contributions to Vietnam’s national construction and defense;

- Persons who are helpful to the State of the Socialist Republic of Vietnam.

The law does not specify any special cases where a citizen is allowed by the State President to retain his/her foreign nationality, but in fact, the consideration of allowing applicants to regain Vietnamese nationality to retain their nationality is very carefully based on the specific reasons and circumstances of each individual applying for the return of Vietnamese nationality and the conditions specified in Article 14 of the Decree No. 16/2020/NĐ-CP, specifically as follows:

- He/she satisfies the conditions for restoration of Vietnamese nationality according to the Law of Vietnamese Nationality.

- Retention of his/her foreign nationality upon restoration of Vietnamese nationality is satisfactory to regulations and law of said foreign country.

- Renunciation of foreign nationality leads to impacts on his/her rights and benefits in the foreign country.

- 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.

2. Dossiers of application for restoration of Vietnamese nationality

Overseas Vietnamese applying for restoration of Vietnamese nationality must prepare 03 sets of application as follows:

- An application for restoration of Vietnamese nationality;

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

- A curriculum vitae;

- 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;

- Papers proving that the applicant is a former Vietnamese national, which is 1 of the following papers:

+ A copy of the birth certificate;

+ A copy of the Decision on renunciation of Vietnamese nationality or Confirmation of loss of Vietnamese nationality;

+ Other papers with Vietnamese nationality or valid proof of the person's previous Vietnamese nationality.

- Papers proving the eligibility for restoration of Vietnamese nationality, which is 1 of the following papers:

+ Persons who have Vietnamese spouse must submit a copy of marriage certificate;

+ Persons who have a natural parent or a natural offspring is a Vietnamese citizen must submit a copy of the birth certificate or other valid papers proving the parent-child relationship;

+ Persons with special merits contributing to the cause of construction and defense of the Vietnamese Fatherland must submit copies of Orders, Medals, certificates of other noble titles or certifications of competent agencies or organizations of Vietnam;

+ Persons whose naturalization of Vietnam is beneficial to the State of the Socialist Republic of Vietnam must submit a certificate from the agency or organization where such person works, which is approved by a ministerial-level state management agency or certified by the Provincial-level People's Committees that their Vietnamese naturalization will contribute to the development of one of the fields of science, economy, culture, society, art or sports.

+ Papers proving that the applicant to return to Vietnamese nationality is carrying out procedures for repatriation to Vietnam;

+ Copies of documents certifying the investment in Vietnam.

- Minor children who return to Vietnamese nationality together with their parents must submit a copy of the child's birth certificate or other papers proving the parent-child relationship. In case only one parent reverts to Vietnamese nationality and the minor children living with that person revert to Vietnamese nationality according to the parent, a written agreement of the parents on the restoration of Vietnamese nationality must be submitted.

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.

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

Step 1: Applicant submit dossiers to competent agencies

Step 2: Verification of dossiers

The provincial-level Justice Service shall send to the provincial-level Public Security Department a written request for verification of the applicant’s identity. 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.

Step 3: Proposal for processing application

After receiving verification results from the Public Security Department, the provincial-level Justice Service shall complete the dossier for submission to the provincial-level People’s Committee president. The provincial-level People’s Committee president shall consider the dossier, make conclusion and send his/ her opinion to the Ministry of Justice of Vietnam.

Step 4: Settlement of application

The Ministry of Justice of Vietnam 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.

After receiving the certificate of the applicant’s renunciation of his/her foreign nationality (are not considered for retaining foreign nationality), the Minister of Justice shall report the case to the Prime Minister for submission to the President for consideration and decision.

Duc Thao

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