Legal grounds:

Vietnamese Nationality Law 2008;

Decree 16/2020/ND-CP Decree detailing a number of articles and measures to implement the Law on Vietnamese Nationality

1. Cases of returning to Vietnamese nationality

Cases of returning to Vietnamese nationality are specified in Article 23 of the 2008 Law on Vietnamese Nationality, specifically including the following cases:

1) A person who has lost Vietnamese nationality according to the provisions of Article 26 of this Law and applies for restoration of Vietnamese nationality may be restored to Vietnamese nationality, if they fall into one of the following cases:

a) Please repatriate to Vietnam;

b) Have a spouse, biological father, biological mother or biological child who is a Vietnamese citizen;

c) Have special meritorious contributions to the cause of building and protecting the Vietnamese Fatherland;

d) Beneficial to the State of the Socialist Republic of Vietnam;

d) Make investments in Vietnam;

Conditions for returning to Vietnamese nationality as prescribed in Points c, d and dd, Clause 1, Article 23 of the Law on Vietnamese Nationality are guided in Clause 1, Article 13 of Decree 16/2020/ND-CP as follows:

1. Conditions for returning to Vietnamese nationality for people who have made special contributions to the cause of building and protecting the Vietnamese Fatherland and those who return to Vietnamese nationality that is beneficial to the State of the Social Republic Vietnameseism is applied accordingly according to the provisions of Article 8 of this Decree.

Article 8. People who are exempted from certain conditions for naturalization in Vietnam as prescribed in Points b and c, Clause 2, Article 19 of the Law on Vietnamese Nationality

1. People who have made special contributions to the cause of building and protecting the Vietnamese Fatherland must be awarded medals, medals, or other noble titles from the State of the Democratic Republic of Vietnam. The Provisional Revolutionary Government of the Republic of South Vietnam, the State of the Socialist Republic of Vietnam or confirmation of that special merit by a competent Vietnamese agency on the basis of records and opinions of Relevant agencies, organizations and specialized laws.

2. People whose naturalization in Vietnam is beneficial to the State of the Socialist Republic of Vietnam must be people with truly outstanding talents in the fields of science, economics, culture, society, arts, sports, health, education, has won international awards, medals, medals or has been certified by the agency or organization where that person works and confirmed by the ministerial-level state management agency about talent and there is a basis to show that the person who is granted Vietnamese citizenship will make a positive, long-term contribution to the development of the above field in Vietnam after being granted Vietnamese citizenship.

e) Has renounced Vietnamese nationality to acquire foreign nationality, but is not allowed to acquire foreign nationality.

2) A person applying to return to Vietnamese nationality may not return to Vietnamese nationality if doing so harms the national interests of Vietnam.

3) In case a person whose Vietnamese nationality is revoked applies for restoration of Vietnamese nationality, it must be at least 5 years from the date of revocation of nationality before being considered for restoration of Vietnamese nationality.

4) The person applying to restore Vietnamese nationality must regain his/her previous Vietnamese name, this name must be clearly stated in the Decision to restore Vietnamese nationality.

5) People who are allowed to return to Vietnamese nationality must renounce their foreign nationality, except for the following people, in special cases, if permitted by the President:

a) Being the wife, husband, biological father, biological mother or biological child of a Vietnamese citizen;

b) Have special meritorious contributions to the cause of building and protecting the Vietnamese Fatherland;

c) Beneficial to the State of the Socialist Republic of Vietnam.6. The Government specifically stipulates the conditions for returning to Vietnamese nationality.

A person applying to restore Vietnamese nationality in one of the above cases, if they fully meet the following conditions, is considered a special case to submit to the President for consideration of returning to Vietnamese nationality without does not have to give up foreign nationality:

1. Are eligible to return to Vietnamese nationality according to the provisions of the Law on Vietnamese Nationality.

2. The person's request to retain foreign nationality when returning to Vietnamese nationality is in accordance with the law of that foreign country.

3. Renunciation of foreign citizenship results in the person's rights in the country of nationality being affected.

4. Do not use foreign nationality to harm the legitimate rights and interests of agencies, organizations and individuals; harming the security, national interests, social order and safety of the State of the Socialist Republic of Vietnam.

2. What does the application to restore Vietnamese nationality include?

The application to restore Vietnamese nationality includes the following documents:

a) Application to return to Vietnamese nationality;

b) Copy of Birth Certificate, Passport or other documents with replacement value;

c) Background statement;

d) Judicial record card issued by a competent Vietnamese agency for the time the applicant for restoration of Vietnamese nationality resides in Vietnam, a criminal record card issued by a competent foreign agency for the time the person applying to regain Vietnamese nationality resides abroad. The criminal record certificate must be issued no more than 90 days before the date of application submission;

d) Documents proving that the person applying to restore Vietnamese nationality once had Vietnamese nationality;

e) Documents proving eligibility to regain Vietnamese nationality as prescribed in Clause 1, Article 23 of this Law.

3. What are the procedures and procedures for returning to Vietnamese nationality?

To apply for return to Vietnamese nationality, individuals must follow the legal procedures, specifically as follows:

3.1 Step 1: Prepare 03 sets of documents to apply for return to Vietnamese nationality, including:

- Application to return to Vietnamese nationality;

- Copy of birth certificate, passport or other documents with replacement value;

- Background statement

- Judicial record card issued by a competent Vietnamese agency for the time the applicant to restore Vietnamese nationality resides in Vietnam, a criminal record card issued by a foreign competent agency for during the time the applicant for return to Vietnamese nationality resides abroad. The criminal record certificate must be issued no more than 90 days before the date of submission of the supporting documents;

- Documents proving that the person applying to return to Vietnamese nationality once had Vietnamese nationality;

- Documents proving eligibility to regain Vietnamese nationality.

In case there is a minor child who regains Vietnamese nationality according to the parents, the requester must submit a copy of the child's birth certificate or other documents proving the father-child and mother-child relationship. In case only one parent returns to Vietnamese nationality and the minor child living with that person also returns to Vietnamese nationality according to the parent, you must submit a written agreement from the parents on the return to nationality. My Vietnam.

Note, in the application to restore Vietnamese nationality, you must commit to renouncing foreign nationality for yourself and your minor children (if any) unless you can provide documents proving yourself and your minor children (if any). Yes) are in a special category to apply to retain foreign nationality or are stateless.

3.2 Step 2: Submit documents to the competent authority.

Submit 03 sets of documents to restore Vietnamese nationality to the Department of Justice of the place of residence in case of domestic residence. If residing abroad, the application to restore Vietnamese nationality will be submitted to the Vietnamese representative agency abroad.

3.3 Step 3: Receive application processing results.

The process of processing applications to restore Vietnamese nationality also involves the review, appraisal of documents, and verification of many agencies including the Department of Justice or Vietnamese representative agencies abroad, and the police. Provincial level, Chairman of the Provincial People's Committee, Minister of Justice, Prime Minister and President. If deemed eligible to apply for restoration of Vietnamese nationality, the Ministry of Justice will send a written notice to the person applying for re-entry of nationality to carry out procedures for renunciation of foreign nationality, unless they apply to retain their nationality. foreign nationality or they are stateless. The President will make the final decision and issue the decision to approve or deny their application to return to citizenship.

The processing time for applications for Vietnamese nationality according to law is 85 working days from the date of receipt of valid documents. However, the actual processing time may be prolonged during the process of verifying documents or during the process of transferring documents between agencies or during the process of applying for renunciation of foreign nationality.

4. Awarding the Decision for naturalization in Vietnam

After receiving the President's Decision granting Vietnamese nationality, accompanied by a notice from the Ministry of Justice, the Provincial People's Committee directs the Department of Justice to organize a ceremony to award the Decision granting Vietnamese nationality to the person. be granted Vietnamese citizenship according to a solemn and meaningful ceremony in accordance with the actual situation in the locality.