On the morning of June 24, the National Assembly approved the Law amending and supplementing a number of articles of the Law on Nationality of Vietnam.
- Accordingly, the Law amending and supplementing Clause 2, Article 16 is as follows:
“2. Children born to Vietnamese citizens and the other foreign citizens have Vietnamese nationality, if the parents agree to choose Vietnamese nationality for their children when carrying out birth procedures at the competent authorities of Vietnam under the guidance of the Government. In case a child is born in the territory of Vietnam but the parents cannot agree on the choice of nationality for the child, that child has Vietnamese nationality“.
- Notably, in Article 19, some contents are amended and supplemented into:
“Article 19. Conditions for Vietnamese citizenship
Foreign citizens and stateless people who apply for Vietnamese citizenship can be given Vietnamese citizenship, if the following conditions are met:
a) Have full capacity for civil acts in accordance with the provisions of Vietnamese law, except in the case of minors applying for Vietnamese citizenship by father or mother, minors whose parents are Vietnamese citizens;
b) Comply with the Constitution and laws of Vietnam; respect the culture, traditions, customs and customs of the Vietnamese nation;
c) Know Vietnamese enough to integrate into the Vietnamese community;
d) Permanent residence in Vietnam;
đ) Permanent residence in Vietnam from 05 years or more from the time of applying for Vietnamese citizenship;
e) Able to ensure life in Vietnam.
Applicants for Vietnamese citizenship who have a spouse or have children who are Vietnamese citizens can be admitted to Vietnamese nationality without having to meet the conditions specified in points c, đ and e clause 1 of this article…”.
The provisions of Article 19 also clearly state: “Vietnamese naturalization applicants must have a name in Vietnamese or other ethnic languages of Vietnam. In case the applicant for Vietnamese citizenship and at the same time applies to keep foreign nationality, they can choose a combination of Vietnamese and foreign names. The name is chosen by the applicant for Vietnamese citizenship and is clearly stated in the Decision on Vietnamese citizenship…”.
Therefore, it is allowed to use non-pure Vietnamese names when naturalization.
For Clause 2, Article 19 has been supplemented, however, HT finds that the essence remains unchanged from the provisions in the old Law. It is mandatory to have the conditions of permanent residence, that is, the conditions of considering the issuance of a permanent residence card as prescribed in Clause 3, Article 40 of the Law on Entry, Exit, Transit, Residence of Foreigners in Vietnam 2015: have temporarily resided in Vietnam continuously for 03 years or more determined on the basis of the entry verification stamp, the exit verification stamp issued at the border gate with a total period of temporary residence in Vietnam from 03 years or more in the last 04 years from the date of submitting the application for permanent residence (According to Circular 31/2015 TT/BCA guidance)
Along with that, the Law amending and supplementing Article 33 as follows: “Article 33. Grounds for canceling the Decision to naturalize Vietnam, Decision to return to Vietnamese nationality
A person who has naturalized Vietnam, returned to Vietnamese nationality as prescribed in Article 19, Article 23 of this Law, residing in or outside the territory of Vietnam, shall be canceled the Decision to naturalize Vietnam, the Decision to return to Vietnamese nationality when one of the following acts:
a) Intentionally declaring, assuring that are not true, falsifying documents when applying for Vietnamese citizenship, applying for Vietnamese nationality;
b) Taking advantage of the importation and return of Vietnamese nationality; taking advantage of the retention of foreign nationality when imported and returning to Vietnamese nationality to harm the legitimate rights and interests of agencies, organizationsand individuals, infringing on the security, national interests, social order and safety of the State of the Socialist Republic of Vietnam.
The cancellation of the Decision to give Vietnamese nationality, the Decision to return to Vietnamese nationality of the spouse does not change the Vietnamese nationality of the other person”.
At the same time, the Law also amended the name of Section 4 Chapter III: “Section 4 – Cancel the decision to naturalize Vietnam, the decision to return to Vietnamese nationality”.
This law takes effect from July 1, 2025.
Regarding the transition terms, the application for Vietnamese citizenship, the application for return to Vietnamese nationality, the application for the resignment of Vietnamese nationality received before the effective effect of this Law shall be resolved in accordance with the provisions of this Law.
To save time learning about procedures, filling out forms, notarization, waiting for submission of documents, you can contact HT for advice and support on naturalization, confirmation of Vietnamese nationality.
Contact us
- Email address: hue.truong@htlaw.vn
- Phone: +84 935 439 454.