Conditions for naturalization in Vietnam
1. Right to nationality
According to Article 31 of the Civil Code 2015, regulations on rights to nationality are as follows:
- Individuals have the right to have a nationality.
- Determination, change, admission, renunciation, and return to Vietnamese nationality are regulated by the 2008 Vietnamese Nationality Law.
- The rights of stateless people residing and living in the territory of Vietnam are guaranteed by law.
2. Conditions for obtaining Vietnamese nationality
Pursuant to Article 19 of the Law on Vietnamese Nationality 2008, the conditions for naturalization in Vietnam are specified as follows:
(i) Foreign citizens and stateless people permanently residing in Vietnam who apply for Vietnamese nationality can be granted Vietnamese nationality if they meet the following conditions:
(1) Have full civil act capacity according to Vietnamese law;
(2) Comply with the Constitution and laws of Vietnam; Respect the traditions, customs and practices of the Vietnamese people;
(3) Know enough Vietnamese to integrate into the Vietnamese community;
(4) Have permanently resided in Vietnam for 5 years or more by the time of applying for Vietnamese citizenship;
(5) Able to ensure life in Vietnam.
(ii) A person applying for Vietnamese nationality may be granted Vietnamese nationality without having to meet the conditions specified in points (3), (4) and (5), if they fall into one of the following cases: This:
- Being the wife, husband, biological father, biological mother or biological child of a Vietnamese citizen;
- Have special meritorious contributions to the cause of building and protecting the Vietnamese Fatherland;
- Beneficial for the State of the Socialist Republic of Vietnam.
(iii) People who acquire Vietnamese nationality must renounce their foreign nationality, except for those specified in clause (ii), in special cases, if permitted by the President.
(iv) A person applying for Vietnamese citizenship must have a Vietnamese name. This name is chosen by the applicant for Vietnamese nationality and is clearly stated in the Decision for Vietnamese nationality.
(v) People applying for Vietnamese nationality are not allowed to naturalize in Vietnam if doing so would harm the national interests of Vietnam.
3. Application for Vietnamese citizenship
- The application for Vietnamese nationality includes the following documents:
+ Application for Vietnamese citizenship;
+ Copy of Birth Certificate, Passport or other documents with replacement value;
Other documents that are valid to replace the Birth Certificate and Passport for stateless people applying for Vietnamese nationality are documents containing information about full name, date of birth, a photo of that person and a stamp. of a competent authority or passport or valid international travel documents;
+ Background statement;
+ Judicial record card issued by a competent Vietnamese agency for the time the person applying for Vietnamese nationality resides in Vietnam, a criminal record card issued by a competent foreign agency for the time the person applying for Vietnamese nationality resides abroad. The criminal record certificate must be issued no more than 90 days before the date of application submission;
+ Documents proving Vietnamese proficiency;
Documents proving the Vietnamese language proficiency of the person applying for Vietnamese nationality are copies of diplomas and certificates to prove that the person has studied Vietnamese in Vietnam such as copies of doctorate degrees, master degrees, bachelor degrees. Bachelor's degree or university diploma, college diploma, secondary school diploma (including professional high school diploma or professional secondary school diploma); Vietnamese high school or junior high school diploma; Copy of Vietnamese language certificate according to the Vietnamese language competency framework for foreigners issued by a Vietnamese educational institution according to regulations of the Ministry of Education and Training.
In case the person applying for Vietnamese nationality does not have documents proving Vietnamese language proficiency, the Department of Justice will organize a test and interview on that person's ability to listen, speak, read and write Vietnamese to ensure that they meet the requirements. specified in Clause 1, Article 7 of this Decree. Interview participants included representatives from the Department of Justice and the Department of Education and Training. Test and interview results must be made in writing. Those who directly inspect and interview are responsible for their inspection and interview results and suggestions.
+ Documents proving residence and permanent residence time in Vietnam;
Copy of Permanent Residence Card.
+ Documents proving life assurance in Vietnam.
Documents proving the applicant's ability to ensure a life in Vietnam include one of the following documents: documents proving property ownership; Documents issued by the agency or organization where the person works confirm the salary or income; Guarantee documents of organizations and individuals in Vietnam; Certificate from the People's Committee of the commune, ward or town (hereinafter referred to as the Commune People's Committee) of the place of permanent residence on the housing status, work and income of the applicant for Vietnamese nationality.
- People who are exempted from some conditions for naturalization in Vietnam specified in clause (ii) section 1 are exempted from documents corresponding to the exempted conditions.
(Article 20 of the Law on Vietnamese Nationality 2008).