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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. 

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.