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PROCEDURES FOR ISSUANCE OF CERTIFICATE OF VIETNAMESE NATIONALITY

I. Authority to issue Certificate of Vietnamese nationality

The applicant for a Certificate of Vietnamese nationality shall submit a dossier at the Department of Justice, where he or she resides in the country, or a representative mission, where he/she resides in a foreign country at the time of application submission.

Procedures for issuance of certificate of Vietnamese nationality - htlaw.vn

II. Condition

Vietnamese people residing abroad have not lost their Vietnamese nationality

III. Order of implementation (In Vietnam)

Step 1: Person wishing to confirm his/her Vietnamese nationality shall submit their dossiers directly at the Department of Justice of their residence or via the postal system.

Step 2: The Department of Justice receives the dossier, checks the validity and completeness of the documents included in the dossier:

+ If the application is complete and valid, it shall be recorded in the Acceptance Book and issued with a Certificate of Acceptance according to the prescribed form.

+ In case the application is incomplete or invalid, the applicant shall provide written instructions for supplementing and completing the application.

Step 3: Settlement of records

* Case 1: Having papers proving Vietnamese nationality:

Within 05 working days from the day on which the application is accepted, the Department of Justice shall examine the dossier, directly search it or send a written request to the Ministry of Justice to look up Vietnamese nationality.

Within 10 working days, the Ministry of Justice shall conduct a search and reply in writing to the Department of Justice. If there is doubt about the authenticity of documents proving Vietnamese nationality, the Department of Justice shall request the agency that has issued such papers to verify; within 10 days after receiving a written request from the Department of Justice, the agency that has issued that document shall verify and send a written reply to the Department of Justice.

Within 5 working days from the date of receipt of the search and verification results, if there are enough grounds to determine the Vietnamese nationality and the person is not on the list of persons entitled to renunciation of their nationality or deprived of their nationality, naturalization, the decision to naturalize Vietnam has been annulled, the Department of Justice shall record it in the Certificate of Vietnamese nationality issuance; the head of the agency shall sign and issue a certificate of Vietnamese nationality according to the prescribed form to the requester.

If there is no basis for granting a certificate of Vietnamese nationality, the Department of Justice shall reply in writing to the requester.

* Case 2: There is no document to prove Vietnamese nationality, but there are papers as a basis for determining Vietnamese nationality according to the provisions of Clause 2, Article 28 of Decree No. 16/2020/ND-CP:

Within 05 working days from the day on which the application is accepted, the Department of Justice shall actively search or request the Ministry of Justice to look up Vietnamese nationality.

Within 10 working days, the Ministry of Justice shall conduct a search and reply in writing to the Department of Justice. At the same time, the Department of Justice shall send a written request to the police office of the same level to verify the identity of the requester; within 45 working days from the date of receipt of the request of the Department of Justice, the police authority shall verify and send a written reply to the Department of Justice.

Within 05 working days from the date of receipt of the search and verification results, the Department of Justice shall continue to proceed with the same settlement as in case 1.

Step 4: The applicant based on the appointment date on the receipt to receive the settlement result at the Department of Justice as follows:

+ 1st time: Receive the result of processing the dossier or receive the notification that the dossier has been transferred for verification at the relevant agencies.

+ 2nd time: Receive the result of handling the application or the rejection document.

IV. Dossier composition

* Case 1: Having papers proving Vietnamese nationality:

+ An application form for a certificate of Vietnamese nationality (form TP/QT-2020-TKXNCQTVN), enclosed with 02 4×6 photos taken less than 6 months;

+ A copy of the person’s identity document such as identity card, citizen identification, residence document, temporary residence card, travel document, international travel document or certification of travel personal identity with a photo issued by a competent authority;

+ A copy of a valid document proving Vietnamese nationality as prescribed in Article 11 of the Law on Vietnamese Nationality (which is one of the following papers: Birth certificate, in case the birth certificate does not clearly show Vietnamese nationality) If male, must be accompanied by papers proving the Vietnamese nationality of parents; ID card; Vietnamese passport; Decision on naturalization of Vietnam, Decision on returning Vietnamese nationality, Decision on publicity. adoption of a foreign child, a decision for a foreigner to adopt a Vietnamese child) or a similar document issued by a previous government, including a birth certificate in which no there is a nationality section or a nationality section is left blank but on it are the Vietnamese names of the requester and his or her parents;

+ Papers proving the place of residence are one of the following documents: household registration book, temporary residence book, permanent residence card, temporary residence card (if any), in case the above documents are not available, the place of residence The applicant’s residence is the place where he/she is currently living and has the certification of the ward, commune or township police of his/her residence in the locality.

* Case 2: There is no paper to prove Vietnamese nationality, but there are papers as a basis for determining Vietnamese nationality according to the provisions of Clause 2, Article 28 of Decree No. 16/2020/ND- CP :

+ An application form for a certificate of Vietnamese nationality (form TP/QT-2020-TKXNCQTVN), enclosed with 02 4×6 photos taken less than 6 months old;

+ A copy of the person’s identity document such as identity card, citizen identification, residence document, temporary residence card, travel document, international travel document or certification of travel personal identity with a photo issued by a competent authority;

+ A curriculum vitae enclosed with one of the papers used as a basis for determining Vietnamese nationality:

  • Copies of papers on nationality, civil status, household registration, identification or other papers issued by competent Vietnamese authorities to Vietnamese citizens over the period from 1945 to before July 1/ 2009, including Vietnamese nationality or information related to Vietnamese nationality and citizens.
  • Copies of papers on nationality, civil status, household registration, identification or other documents issued by the former regime in South Vietnam before April 30, 1975, or papers issued by the former government in Hanoi from from 1911 to 1956, including Vietnamese nationality or information related to Vietnamese nationality and citizens.

+ Papers proving the place of residence are one of the following documents: household registration book, temporary residence book, permanent residence card, temporary residence card (if any), in case the above documents are not available, the place of residence The involved party’s residence is the place where he/she is living and has the certification of the ward, commune or township police of his/her residence in the locality.

– Where the law stipulates that the documents to be submitted are copies, the petitioner for settlement of nationality matters may submit documents which are photocopies from the originals, certified copies from the originals or granted copies. from the original book. If submitting a photocopy from the original, the original must be submitted for comparison; the person receiving the dossier shall check, compare the copy with the original and sign for verification.

In case the application is sent via the postal system, the copy of the document must be certified from the original or issued from the original book; The application, declaration, and curriculum vitae must be authenticated with signatures as prescribed by law.

V. Settlement time

– 20 working days for cases with documents proving Vietnamese nationality.

– 55 working days in case there is no proof of Vietnamese nationality.

VI. Fee

100,000 VND/case

       To save time learning about the law, filling out forms, and submitting documents, you can contact HTLaw for consultation and legal services related to procedures for issuance of certificate of Vietnamese nationality.

Contact us

    • Email: hue.truong@htlaw.vn
    • Phone number: +84 935 439 454. 
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NGƯỜI NƯỚC NGOÀI MUA NHÀ Ở TẠI VIỆT NAM

I. Cơ sở pháp lý?

  1. Luật Nhà ở số 65/2014/QH13 của Quốc hội ngày 25 tháng 11 năm 2014
  2. Nghị định 99/2015/NĐ-CP của Chính phủ về việc Quy định chi tiết và hướng dẫn thi hành một số điều của Luật Nhà ở 2014
  3. Thông tư 19/2016/TT-BXD của Bộ Xây dựng về việc hướng dẫn thực hiện một số nội dung của Luật Nhà ở và Nghị định 99/2015/NĐ-CP ngày 20 tháng 10 năm 2015 của Chính phủ quy định chi tiết và hướng dẫn thi hành một số điều của Luật Nhà ở 2014

II. Thủ tục cho người nước ngoài mua nhà ở tại Việt Nam?

  1. Đối tượng được phép mua nhà ở tại Việt Nam

Theo quy định tại Khoản 1 Điều 159 Luật Nhà ở 2014 cho phép người nước ngoài mua nhà tại Việt Nam, cụ thể là các đối tượng tổ chức, cá nhân nước ngoài sau:

  • Tổ chức, cá nhân nước ngoài đầu tư xây dựng nhà ở theo dự án tại Việt Nam theo quy định của Luật này và pháp luật có liên quan;
  • Doanh nghiệp có vốn đầu tư nước ngoài, chi nhánh, văn phòng đại diện của doanh nghiệp nước ngoài, quỹ đầu tư nước ngoài và chi nhánh ngân hàng nước ngoài đang hoạt động tại Việt Nam (sau đây gọi chung là tổ chức nước ngoài)
  • Cá nhân nước ngoài được phép nhập cảnh vào Việt Nam.
  1. Các hình thức sở hữu

Tổ chức, cá nhân nước ngoài được sở hữu nhà ở tại Việt Nam thông qua các hình thức sau đây:

  • Đầu tư xây dựng nhà ở theo dự án tại Việt Nam theo quy định của Luật Nhà ở 2014 và pháp luật có liên quan;
  • Mua, thuê mua, nhận tặng cho, nhận thừa kế nhà ở thương mại bao gồm căn hộ chung cư và nhà ở riêng lẻ trong dự án đầu tư xây dựng nhà ở, trừ khu vực bảo đảm quốc phòng, an ninh theo quy định của Chính phủ.

Như vậy, tổ chức và cá nhân nước ngoài không thể mua đất nền mà chỉ được sở hữu nhà ở thương mại (bao gồm căn hộ chung cư và nhà ở riêng lẻ) trong dự án đầu tư xây dựng nhà ở thương mại, trừ khu vực bảo đảm quốc phòng, an ninh theo quy định của pháp luật Việt Nam.

Để tiết kiệm thời gian tìm hiểu các thủ tục, điền form mẫu, công chứng, chờ đợi nộp hồ sơ, các bạn có thể liên hệ HT để được tư vấn và hỗ trợ dịch vụ Mua nhà tại Việt Nam cho người nước ngoài

Liên hệ với chúng tôi

    • Email: hue.truong@htlaw.vn
    • SĐT: +84 935 439 454. 
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Apply Vietnamese citizenship for foreigners

According to  Article 20 of the Law on Nationality 2008, a person who is applying for Vietnamese nationality, if falling into the case of a spouse, biological father, natural mother, or natural child of a Vietnamese citizen, can be naturalized in Vietnam without the following conditions :

– Knowing Vietnamese enough to integrate into the Vietnamese social community;
– Have permanently resided in Vietnam for five years or more;
–  Capable of securing life in Vietnam.

* Profile of a foreigner being the wife, husband, biological father, natural mother or biological child of a Vietnamese citizen  includes:

    1. An application for naturalization in Vietnam;
    2. A copy of the birth certificate, passport or another valid document that replaces the birth certificate or passport of the person applying for Vietnamese nationality, which is a valid document proving that person’s foreign nationality; A copy of the birth certificate of the minor child who acquired Vietnamese nationality together with his parents or another document proving the parent-child relationship. In case only one parent acquires Vietnamese nationality and the minor child lives with the person who acquires Vietnamese nationality according to his father or mother, a written agreement of the parents on the naturalization of the child must be submitted. ;
    3. Background statement;
    4. A criminal record card is issued by a competent authority of Vietnam for the time the applicant for naturalization resides in Vietnam, a criminal record card issued by a competent authority of a foreign country for the period of time. the period the applicant for Vietnamese citizenship resides abroad. The judicial record card must be the one issued within 90 days from the date of submission of the application;
    5. Proof of residence, period of permanent residence in Vietnam: Copy of Permanent Residence Card;
    6. Papers proving eligibility to be exempted from conditions for naturalization of Vietnamese nationality:
      • Persons who have a spouse who is a Vietnamese citizen must submit a copy of the marriage certificate proving the marriage relationship.
      • Persons who are biological fathers, natural mothers or biological children of Vietnamese citizens must submit a copy of their birth certificate or other valid papers proving the parent-child relationship.

Note: If these documents are issued, notarized or certified by a foreign competent authority, they must be consular legalized, unless they are exempted by law. 

Apply vietnamese citizenship for foreigners - htlaw

Specific situations:

The customer is French, has a Vietnamese wife, and applies for Vietnamese citizenship to live and work here. 

Below is HT’s advice on the conditions and documents required for naturalization customers:

1. Conditions:

Because the client is exempt from some conditions for applying for Vietnamese citizenship under Clause 2, Article 20 of the Law on Vietnamese nationality because his wife is a Vietnamese citizen, the client’s conditions are as follows:
– Having full civil act capacity as prescribed by Vietnamese law;
– Comply with the Constitution and laws of Vietnam; respect the traditions, customs and practices of the Vietnamese nation;

Although, customers do not need to meet the conditions of permanent residence in Vietnam for five years or more, but customers are required to have a “permanent residence card” in Vietnam (temporary residence in Vietnam continuously for 3 years or more).

Since this customer did not have a temporary residence card before, the customer first needs to make a temporary residence card for foreigners in accordance with Vietnamese law.

HT’s advice to this customer is to make a temporary residence card for visiting relatives with a term of 3 years and during this time, the clients does not leave Vietnam. After 3 years, clients are eligible to apply for a permanent residence card.

2. Dossier:

Documents submitted by customers to apply for Vietnamese citizenship include:

    1. An application for naturalization in Vietnam;
    2. Copy of Birth Certificate, Passport or other valid document replacing Birth Certificate, Passport of the applicant for Vietnamese citizenship;
    3. Background statement;
    4. Judicial record card issued by a competent Vietnamese agency;
    5. Copy of Permanent Resident Card;
    6. Copy of marriage certificate proving marital relationship

The above is HT’s legal opinion on naturalization for foreigners who are spouses, fathers, mothers or children of Vietnamese citizens.

To save time learning about the law, you can contact HT for Naturalization for foreigners. 

Contact us

    • Email: hue.truong@htlaw.vn
    • Phone number: +84 935 439 454. 
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How to apply for Vietnamese citizenship

Thing you need to know about application for vietnam visa - htlaw

1. Subjects to be naturalized in Vietnam

The naturalization of Vietnam is stipulated in the Law on Vietnamese nationality and other legal documents such as. Decree No. 16/2020/ND-CP of the Government detailing the implementation of the Law on Vietnamese nationality;

Foreign citizens and stateless persons who are permanently residing in Vietnam and who apply for Vietnamese citizenship may be granted Vietnamese citizenship if they fully satisfy the following conditions:

    1. Having full civil act capacity as prescribed by Vietnamese law;
    2. Comply with the Constitution and laws of Vietnam, respect the traditions, customs and practices of the Vietnamese nation;
    3. Knowing Vietnamese enough to integrate into the Vietnamese social community;
    4. Have permanently resided in Vietnam for 5 years or more;
    5. Able to secure life in Vietnam.

Foreign citizens and stateless people may be naturalized in Vietnam without having to fully meet the conditions specified above if they fall into one of the following cases:

    1. Being the wife, husband, child, father or mother of a Vietnamese citizen;
    2. Having meritorious contributions to the cause of construction and defense of the Vietnamese;
    3. In favor of the Socialist Republic of Vietnam.

Foreign citizens who are granted Vietnamese nationality shall no longer retain their foreign nationality, except in special cases decided by the State President.

A person applying for Vietnamese citizenship may not acquire Vietnamese nationality if it harms the national interests of Vietnam.

Foreigners applying for Vietnamese nationality must make an application according to a form prescribed by the Ministry of Justice. Attached to the application for naturalization in Vietnam must have all the papers as prescribed by law.

The person applying for Vietnamese nationality must have a Vietnamese name; Vietnamese name must be clearly stated in the application for naturalization of Vietnam.

2. Conditions for naturalization in Vietnam

    1. Foreign citizens and stateless persons who are permanently residing in Vietnam, and apply for Vietnamese citizenship, may be granted Vietnamese citizenship if they fully meet the following conditions:
      a) Having full civil act capacity as prescribed by Vietnamese law;
      b) Comply with the Constitution and laws of Vietnam; respect the traditions, customs and practices of the Vietnamese nation;
      c) Know enough Vietnamese to integrate into the Vietnamese community;
      d) Have permanently resided in Vietnam for 5 years or more up to the time of applying for Vietnamese citizenship;
      dd) Capable of ensuring life in Vietnam.
    2. An applicant for Vietnamese nationality may be naturalized in Vietnam without having to satisfy the conditions specified at Points c, d and dd, Clause 1 of this Article if falling into one of the following cases:
      a) Being the wife, husband, natural father, mother or natural child of a Vietnamese citizen;
      b) Having special merits for contributing to the cause of construction and defense of the Vietnamese;
      c) It is beneficial to the Socialist Republic of Vietnam.
    3. Those who acquire Vietnamese nationality must renounce their foreign nationality, except for those specified in Clause 2 of this Article, in special cases, if so permitted by the President.
    4. The person applying for Vietnamese nationality must have a Vietnamese name. This name is chosen by the applicant for naturalization in Vietnam and clearly stated in the Decision for naturalization in Vietnam.
    5. A person applying for Vietnamese nationality may not acquire Vietnamese nationality if it is detrimental to Vietnam’s national interests. 

3. Dossier for naturalization in Vietnam

    1. Application for naturalization of Vietnam;
    2. Copy of Birth Certificate, Passport or other valid substitute document;
    3. Background statement;
    4. A judicial record card issued by a competent Vietnamese agency for the time the applicant for Vietnamese citizenship resides in Vietnam, a judicial record card issued by a competent foreign agency for the period of time the time the applicant for Vietnamese citizenship resides abroad. Judicial record cards must be issued within 90 days from the date of filing;
    5. Documents proving Vietnamese proficiency;
    6. Proof of residence, permanent residence time in Vietnam;
    7. Proof of life insurance in Vietnam.
Thing you need to know about application for vietnam visa - htlaw

4. Procedures for processing applications for naturalization in Vietnam

    1. The person applying for Vietnamese citizenship shall submit a dossier to the Department of Justice of the place where he/she resides. In case the dossier does not contain all the papers specified in Clause 1, Article 20 of this Law or is invalid, the Department of Justice shall immediately notify the applicant for Vietnamese citizenship to supplement and complete the dossier.

    2. Within 5 working days after receiving a complete and valid dossier, the Department of Justice shall send a written request to the police agency of the province or city under central authority (hereinafter referred to as the provincial level) to verify the application. identity of the applicant for Vietnamese citizenship.

      Within 30 days from the date of receipt of the request of the Department of Justice, the provincial-level police agency shall verify and send the results to the Department of Justice. During this time, the Department of Justice must conduct verification of documents in the application for Vietnamese citizenship.

      Within 10 working days from the date of receipt of verification results, the Department of Justice shall complete the dossier and submit it to the President of the provincial People’s Committee.

      Within 10 working days from the date of receipt of the request of the Department of Justice, the President of the People’s Committee of the province shall consider, conclude and propose opinions to the Ministry of Justice.

    3. Within 20 days after receiving the proposal of the President of the provincial People’s Committee, the Ministry of Justice is responsible for re-examining the dossier, if it deems that it meets the conditions for naturalization in Vietnam, it shall send a notice to the Ministry of Justice. notify in writing the applicant for naturalization in Vietnam to carry out the procedures for applying for renunciation of foreign nationality, unless the applicant for naturalization in Vietnam applies to retain foreign nationality or is a stateless person. Within 10 working days after receiving the certificate of renunciation of foreign nationality of the applicant for Vietnamese citizenship, the Minister of Justice shall report to the Prime Minister for submission to the State President for consideration and decision.

      In case an applicant for naturalization in Vietnam applies to retain foreign nationality and the applicant for naturalization in Vietnam is stateless, within 20 days from the date of receipt of the proposal of the President of the People’s Committee, Provinces, the Ministry of Justice is responsible for re-checking the application file, if deems that the applicant for naturalization in Vietnam is fully qualified to be naturalized in Vietnam, it shall report it to the Prime Minister and submit it to the State President for consideration and decision.

    4. Within 30 days after receiving the Prime Minister’s proposal, the State President shall consider and decide. 

      Order, procedures and dossiers of application for Vietnamese citizenship for stateless persons who have permanently resided in Vietnam.

      Stateless persons without full identification papers, but have resided stably in the Vietnamese territory for 20 years or more as of the effective date of this Law and comply with the Constitution and laws of Vietnam. shall be entitled to naturalization in Vietnam according to the order, procedures and documents prescribed by the Government.

5. Fee for naturalization in Vietnam

Pursuant to Circular 281/2016/TT-BTC, the fee for applying for Vietnamese citizenship is VND 3 million/case.

The following cases are exempted from fees for applying for Vietnamese citizenship:

– Persons with special meritorious contributions to the cause of construction and defense of the Vietnam: are awarded with Orders, Medals and other noble titles of the Democratic Republic of Vietnam, the Revolutionary Government, provisionally for the Republic of South Vietnam, the Socialist Republic of Vietnam or certified by a competent Vietnamese agency or organization for such special merit.

– Stateless people apply for Vietnamese citizenship;

– Migrants from Laos are allowed to reside and apply for Vietnamese citizenship.

To save time learning about the law, prepare the dossier, you can contact HT for Apply Vietnamese Citizenship service. 

Contact us

    • Email: hue.truong@htlaw.vn
    • Phone number: +84 935 439 454. 
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How to get a valid Vietnamese passport?

Procedure to get vietnam passport - htlaw

Today, HT would like to mention a case relating to the application for Vietnamese citizens, which HT just receives to carry out and take care. Specifically, our client who is of Vietnamese origin with foreign nationality, then now wants to live here as a Vietnamese citizen. Following are indispensable procedures based on Vietnamese law to get the Vietnamese nationality and Vietnamese passport that be advised by HT: 

I. Legal documents

    • Law on Vietnamese nationality
    • Residence Law
    • Decision No. 1217/QĐ-BTP of the Ministry of Justice 
Procedure to get vietnam passport - htlaw

II. Procedures

To get a certificate of Vietnamese nationality and passport, our client should follow the steps below:

Step 1: Obtain a Vietnamese citizenship certificate from the Department of Justice

First of all, The Applicant completes the dossier and submit it directly to the Department of Justice’s Receiving and returning Section.

The dossier includes:

Case 1: For cases where there are papers proving nationality:

    1. Declaration of Vietnamese nationality (form) with 02 photos 04cm x 06cm;
    2. The notarized copies of ID card, passport, or substitute documents; A copy enclosed with the original for comparison/notarized copies of one of the documents proving Vietnamese nationality specified in Article 11 of the Law on Vietnamese Nationality 2008/similar documents previously issued by the former government grant, even the birth certificate in which no nationality or nationality section is blank with the Vietnamese full name was written (name of the Applicant, full name The Applicant’s father and mother);

Case 2: For cases without documents proving nationality:

    1. Declaration of Vietnamese nationality (form) with 02 photos 04cm x 06cm;
    2. The notarized copies of ID card, passport, or substitute documents;
    3. A curriculum vitae and other documents for nationality verification, including Copies of ID card, civil status, and nationality of grandparents, parents, sibling intestines, and children; copies of documents with contents related to the nationality of the involved parties, granted by the old regime before April 30, 1975; a copy of the document on which the Vietnamese nationality or Vietnamese nationality issued by foreign competent agencies.

Officers receive the dossier at the Receiving Section and return the results of checking the validity and completeness of the dossier. In case the application file is not complete and valid, supplementary guidance will be provided once. In case the dossier is complete and valid, the officer will receive the file, write an appointment slip to return the result to the citizen, and transfer the file to the specialized department within the same day for processing according to regulations.

Department of Justice researches and verifies the records (in case of further verification, the Department of Justice sends a written request to the Ministry of Justice and the City Police for verification) and returns result to the Applicant.

Step 2: Register name in the household book of any Vietnamese family such as a relative person or friends at Police Department.

The applicant complies with the procedures and dossiers of the state agency of the Democratic Republic of Vietnam

Note: According to the updated Residence law No. 68/2020/QH14 on 1st July 2021, the government will not require Vietnamese citizens to register the household book anymore. But Vietnamese citizens still register a permanent residence/temporary residence where he or she is living. Before this regulation takes effect practically, people who need to be issued a citizen’s identity card, have to name on household book.

Step 3: Apply for the ID card at the Police Office

Bring the household book to the police office where the household registration is located and follow the procedures of the state agency of the Democratic Republic of Vietnam.

Step 4: Apply for a Vietnamese passport at Immigration Department.

Bring the ID card and household book to the Immigration Department and follow the procedures of the state agency of the Socialist Republic of Vietnam.

To save time learning about the law, you can contact HT for Vietnam passport services. 

Contact us

    • Email: hue.truong@htlaw.vn
    • Phone number: +84 935 439 454. 
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How to apply for Vietnamese citizenship but still keep foreign citizenship?

How to apply vietnam citizenship - htlaw
How to apply vietnam citizenship - htlaw

Recently, HTLaw received a question from a French of Vietnamese origin who wants to be naturalized in Vietnam but still wants to keep the French nationality. Specifically, this customer, whose father is French, mother is Vietnamese, after one year of living in Vietnam, intends to naturalize Vietnam.

To answer this question, HT based on the provisions of Vietnamese law on naturalization of
foreigners and gave the following legal opinions:

-According to Clause 2, Article 16 of the Law on Vietnamese Nationality 24/2008/QH12 “A child either of whose parents is a Vietnamese citizen at the time of his/her birth and the other is a foreign national has the Vietnamese nationality if so agreed in writing by his/her parents at the
time of birth registration.”

Therefore, after checking the birth certificate registered in France, we found that there is no
written agreement or content of agreement between the customer’s parents about the child keeping Vietnamese nationality.

 -According to Article 9 of Decree No. 16/2020/ND-CP stipulating Special cases of naturalization of Vietnamese nationality and retention of foreign nationality as specified in Clause 3 Article 19 of Law on Vietnamese Nationality , in order to be considered this special case, the following conditions must be met:

1. He/she satisfies the conditions for naturalization of Vietnamese nationality according to Law of Vietnamese Nationality.

2. He/she has made meritorious contribution to Vietnam’s national construction and defense and the naturalization of Vietnamese nationality with retention of foreign nationality is beneficial to
the Government of Socialist Republic of Vietnam.

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

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

5. 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.

Note: In order to explain Clause 2 about a person with special meritorious services, this person must be a recipient of Orders, Medals and other noble titles of the Democratic Republic of Vietnam, Provisional Revolutionary Government of the Republic of South Vietnam, the State of the Socialist Republic of Vietnam or certified by a competent Vietnamese agency or organization for such special labor.

Based on the above provisions, the client’s dossier is deemed not to meet the conditions to retain French nationality if the application for naturalization is submitted in Vietnam (unless there is a written verification of the agreement between customer’s parents about keeping the Vietnamese nationality at the time of making the birth certificate.)

Therefore, the conclusion of HT Immigration & Investment Company is that customers cannot have dual French-Vietnamese citizenship at the same time.

To save time learning about the law, you can contact HT for Apply for Vietnam citizenship services. 

Contact us

    • Email: hue.truong@htlaw.vn
    • Phone number: +84 935 439 454.