Certain documents in application for naturalization of Vietnamese nationality

Certain documents in application for naturalization of Vietnamese nationality (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Certain documents in application for naturalization of Vietnamese nationality

Certain documents in application for naturalization of Vietnamese nationality according to Article 10 of Decree 16/2020/ND-CP are as follows:

- Documents specified in Points b, dd, e and g Clause 1 Article 20 of Law on Vietnamese Nationality are:

+ Other documents serving as substitutes for birth certificates and passports with respect to stateless person applying for naturalization of Vietnamese nationality refer to documents containing information about full name, date of birth, pictures of said persons and stamps of competent agencies, laissez-passers or documents allowing international travel;

+ Documents proving fluency in Vietnamese of applicants for naturalization of Vietnamese nationality refer to degrees and qualifications proving that the applicants have studied in Vietnamese in Vietnam such as copies of doctor degrees, master degrees, bachelor degrees, university degrees, college degrees or intermediate education degrees (including professional secondary education diplomas or professional intermediate education diplomas);

Upper secondary education or secondary education degrees; copies of certificates of Vietnamese proficiency according to framework of reference of Vietnamese for foreigners issued by Vietnamese education institutions according to regulations and law of Ministry of Education and Training.

In case an applicant for Vietnamese nationality does not have documents proving fluency in Vietnamese, Department of Justice shall organize examination and carry out interview him/her on his/her ability to hear, speak, read and write in Vietnamese to ensure satisfactory to Clause 1 Article 7 of Decree 16/2020/ND-CP.

Representatives of Departments of Justice and Departments of Education and Training shall participate in the interviews. Results of the examination and interviews shall be made into records. Persons directly participating in the examination and interviews shall be responsible for results of the examination, interviews and their recommendations;

- Copies of birth certificates of juvenile children who will be naturalized in Vietnamese nationality with their parents or other valid documents proving father-son or mother-son relationship. In case only one of the parents is naturalized in Vietnamese nationality and their juvenile children are also naturalized in Vietnamese nationality with them, submit written agreements bearing both signatures of the parents on naturalization of Vietnamese nationality for the children.

Signature authentication is not required for the agreements; a parent whose name is on the application for naturalization of Vietnamese nationality of the children shall be responsible for authenticity of signature of the other parent.

In case parents are deceased, lost legal capacity or having limited legal capacity, the agreements shall be replaced with documents proving deceased parents, parents with lost legal capacity or parents having limited legal capacity.

+ Copies of Permanent Residence Cards;

+ Documents proving livelihood capacity in Vietnam of applicants for Vietnamese nationality include any of the following:

Documents proving asset ownership; documents issued by agencies and organizations where the applicants are working confirming salary or income; guarantee documents of organizations and individuals in Vietnam;

Documents of People’s Committees of communes, wards or townlets (hereinafter referred to as “People’s Committees of communes”) where the applicants reside temporarily on house, occupation and income of the applicants.

- Persons exempted from conditions for naturalization of Vietnamese nationality as specified in Clause 2 Article 19 of Law of Vietnamese Nationality and Article 8 of this Decree must submit following documents:

+ In case an applicant has a spouse who is a Vietnamese citizen, submit copies of marriage certificates or marital status certificates; in case an applicant has parents and children who are Vietnamese citizens, submit copies of birth certificates or other valid documents proving father-son or mother-son relationship;

+ In case of persons with meritorious contributions to Vietnam’s national construction and defense or naturalization of Vietnamese nationality is beneficial for the Government of Socialist Republic of Vietnam as specified in Article 8 of this Decree, submit documents proving corresponding eligibility.

- Applicants for naturalization of Vietnamese nationality and retention of foreign nationality falling into special cases specified in Article 9 of Decree 16/2020/ND-CP must possess documents proving eligibility for naturalization of Vietnamese nationality specified in Clause 1 Article 9 of Decree 16/2020/ND-CP, documents issued by competent agencies of Vietnam or foreign countries proving conditions specified in Clauses 2, 3 and 4 Article 9 of Decree 16/2020/ND-CP and written commitment regarding contents in Clause 5 Article 9 of Decree 16/2020/ND-CP.

- Applications for naturalization of Vietnamese nationality shall be made into 3 sets and stored at Office of the President, Ministry of Justice and agencies that accept the applications.

2. Conditions for naturalization of Vietnamese nationality 

Conditions for naturalization of Vietnamese nationality according to Article 7 of Decree 16/2020/ND-CP are as follows:

- 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.

- 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.

- 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.

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