Citizenship is not only a legal concept but also an essential bond between an individual and the state. With international development and integration, many foreigners wish to acquire Vietnamese citizenship to facilitate their living and working conditions in Vietnam. However, the process of obtaining Vietnamese citizenship is not simple and requires a deep understanding of the relevant legal regulations. In this article, we will introduce the regulations, conditions, and procedures for obtaining Vietnamese citizenship, as well as the issue of dual citizenship, helping readers grasp the necessary information to carry out this process.
1. Regulations on Vietnamese Citizenship
Vietnamese citizenship represents the bond between an individual and the Socialist Republic of Vietnam. This is stipulated in Article 1 of the 2008 Law on Vietnamese Nationality, creating the rights and obligations of Vietnamese citizens toward the state and vice versa.
2. Documents Confirming Vietnamese Citizenship
According to Article 11 of the Law on Vietnamese Nationality, the necessary documents to confirm citizenship include:
Birth certificate: If nationality is not stated, documents proving the nationality of the parents are required.
Identity card or Citizen identification card: These are common documents to confirm citizenship.
Vietnamese passport: A valid passport is also important proof.
Decision to acquire or regain Vietnamese citizenship: Decisions related to adoption or other proof documents also have value.
3. Conditions for Acquiring Vietnamese Citizenship
Conditions for acquiring citizenship are stipulated in Article 19 of the Law on Vietnamese Nationality and Article 7 of Decree 16/2020/ND-CP. The conditions include:
Full civil capacity: Must be 18 years or older, except in cases of restricted or lost capacity.
Adherence to the Constitution and laws of Vietnam: Must respect the traditions, customs, and practices of the Vietnamese people.
Proficiency in the Vietnamese language: Sufficient ability to listen, speak, read, and write Vietnamese to integrate into the community.
Permanent residency duration: Must have resided in Vietnam for 5 years or more.
Ensuring life in Vietnam: Must prove the ability to self-support through legal assets, income, or sponsorship.
4. Exemptions from Some Conditions
Some cases are exempt from the requirements for residency duration, Vietnamese language proficiency, and life assurance, including:
Having relatives who are Vietnamese citizens: Includes spouses, parents, or children.
People with special contributions: Those who have been awarded medals or have been recognized by competent authorities for their special contributions.
People beneficial to the Socialist Republic of Vietnam: Individuals with exceptional talents in fields such as social affairs, arts, sports, healthcare, and education.
5. Name and Citizenship
Applicants for Vietnamese citizenship must choose a Vietnamese name, which will be stated in the Citizenship Decision. Additionally, the applicant must renounce their foreign citizenship, except in special cases.
6. Required Documents for Vietnamese Citizenship Application
Application form for citizenship.
Birth certificate, passport, or other substitute documents (copies): Substitute documents must contain information such as name, date of birth, and photo, and be certified by a competent authority, like a travel document or international travel document.
Personal history declaration.
Judicial record certificate: Issued by the competent authority in Vietnam for the period of residence in Vietnam; or by a foreign authority for the period of residence abroad. This certificate must be issued within 90 days before the application date.
Documents proving proficiency in Vietnamese: Degrees, certificates proving that the applicant has studied Vietnamese in Vietnam (such as Ph.D., Master’s, Bachelor’s, university, college, or secondary school diplomas) – copies. If these documents are not available, the applicant will be required to undergo testing or interviews on their ability to listen, speak, read, and write Vietnamese, and the results will be documented.
Evidence of residence and permanent residence in Vietnam: Permanent residence card (copy).
Documents proving the assurance of life in Vietnam: Red book, vehicle registration, salary or income certification; sponsorship certification from an individual or organization in Vietnam; certification of residence from the commune-level People’s Committee regarding housing, employment, and income status.
For those exempt from some citizenship conditions, there is no need to submit documents proving the exempted conditions, but some additional documents may be required, such as:
For those married to a Vietnamese citizen, provide a copy of the marriage certificate or marital status confirmation.
If you have Vietnamese parents or children, include a copy of the birth certificate or documents proving the parent-child relationship.
In cases where you apply for Vietnamese citizenship but wish to retain foreign citizenship, submit documents proving eligibility for citizenship along with a commitment not to use foreign citizenship to harm legal rights, national security, or public order.
7. Procedures for Applying for Vietnamese Citizenship
The procedures for applying for Vietnamese citizenship include the following steps:
– Apply to the Department of Justice.
– The Department of Justice sends a written request to the provincial police for verification of the applicant’s identity.
– The provincial police verify the identity and send the results back to the Department of Justice.
– The Department of Justice completes the application and submits it to the Chairman of the Provincial People’s Committee.
– The Chairman of the Provincial People’s Committee reviews the application and sends a proposal to the Ministry of Justice.
– The Ministry of Justice reviews the application and informs the applicant to proceed with the renunciation of foreign citizenship.
– After receiving the renunciation of foreign citizenship, the Minister of Justice reports to the Prime Minister.
– The President decides on the citizenship application.
8. Regulations on Dual Citizenship in Vietnam
According to Article 4 of the Law on Vietnamese Nationality, Vietnamese citizens are only recognized for one nationality, which is Vietnamese nationality. However, there are some exceptions, including:
Returning to Vietnamese nationality and retaining foreign nationality: This applies to those in special cases and must be permitted by the President.
Vietnamese citizens residing abroad: May still retain Vietnamese nationality.
Acquiring Vietnamese nationality without renouncing foreign nationality: This is also an exception.
Vietnamese children adopted by foreigners: May retain Vietnamese nationality even if adopted by someone with a different nationality.
Conclusion
The process of acquiring Vietnamese citizenship is complex and requires careful preparation from documents to compliance with legal conditions.
Understanding the procedures and relevant regulations smooths the process and ensures individual rights and obligations with the Vietnamese state. For those with another nationality seeking Vietnamese citizenship, knowing about dual citizenship is crucial to avoid legal risks.
Good preparation and thorough knowledge will help you feel more confident when applying for Vietnamese citizenship.
Here are some frequently asked questions related to the Vietnamese citizenship application process and the issue of dual citizenship:
Can I keep my foreign nationality when acquiring Vietnamese citizenship?
According to Article 4 of the Law on Vietnamese Nationality, Vietnamese citizens are recognized for only one nationality. However, there are some exceptions, such as when permitted by the President or in other special cases.
How long does it take to process a Vietnamese citizenship application?
The processing time usually takes about 115 days, including the steps from submitting the application, and verifying identity, to the President’s decision.
What are the conditions for exemption from some requirements when acquiring Vietnamese citizenship?
Applicants may be exempt from some requirements if they have relatives who are Vietnamese citizens, have special contributions, or benefit from Vietnam.
Is it mandatory to renounce foreign nationality when acquiring Vietnamese citizenship?
In most cases, you must renounce your foreign nationality when acquiring Vietnamese citizenship. However, there are some exceptions where dual citizenship is allowed.
Can Vietnamese children adopted by foreigners retain their Vietnamese nationality?
Yes, Vietnamese children adopted by foreigners may still retain their Vietnamese nationality.
If I have Vietnamese nationality, can I renounce it?
Yes, you can renounce Vietnamese nationality if you have been accepted for foreign nationality. This process must comply with the conditions and procedures stipulated in the Law on Vietnamese Nationality.
What should I do if my application is rejected?
If your application is rejected, you can contact the Department of Justice where you submitted your application to find out the reason and the next steps. You may supplement or amend the application as required and resubmit it.
How can I prove my ability to ensure life in Vietnam?
The ability to ensure life in Vietnam of the applicant for Vietnamese citizenship is proven by assets, lawful income of the applicant, or the sponsorship of an organization or individual in Vietnam.
What is the process of identity verification when applying for Vietnamese citizenship?
After submitting the application at the Department of Justice, the provincial police will conduct an identity verification within 30 days. The verification results will be sent back to the Department of Justice to continue the application process.
Harley Miller Law Firm “HMLF”
Head office: 14th floor, HM Town Building, 412 Nguyen Thi Minh Khai, Ward 05, District 3, Ho Chi Minh City.
Phone number: +84 937215585
Website: hmlf.vn Email: miller@hmlf.vn
