Foreigners want to return to Vietnamese nationality
If a person who has lost Vietnamese nationality wants to regain Vietnamese nationality, what conditions must be met?
Pursuant to Article 4 of the 2008 Vietnamese Nationality Law as follows:
Principle of nationality
The State of the Socialist Republic of Vietnam recognizes that Vietnamese citizens have one nationality, Vietnamese nationality, unless otherwise prescribed by this Law.
Accordingly, a Vietnamese citizen is a person who has one nationality, which is Vietnamese nationality.
According to the information he provided, he lost his Vietnamese nationality, acquired Malaysian nationality and currently wants to regain Vietnamese nationality.
Besides, based on Article 23 of the 2008 Vietnamese Nationality Law, he can be restored to Vietnamese nationality if the return to Vietnamese nationality does not harm the national interests of Vietnam and falls under one of the following conditions: following cases:
- Please repatriate to Vietnam;
- Have a spouse, biological father, biological mother or biological child who is 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;
- Make investments in Vietnam;
- Has renounced Vietnamese nationality to acquire foreign nationality, but is not allowed to acquire foreign nationality.
At the same time, you must perform the following tasks:
- Must regain the previous name Vietnam, this name must be clearly stated in the Decision to restore Vietnamese nationality.
- Must renounce Malaysian citizenship, except for the following people:
+ Be 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 to the State of the Socialist Republic of Vietnam.
+ In special cases or if permitted by the President.
What is the application to restore Vietnamese nationality for people who have lost Vietnamese nationality?
Pursuant to Article 24 of the 2008 Vietnamese Nationality Law, regulations on applications to restore Vietnamese nationality are as follows:
Application to restore Vietnamese nationality
(1) The application to restore Vietnamese nationality includes the following documents:
- 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 competent foreign 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 application submission;
- Documents proving that the person applying to return to Vietnamese nationality once had Vietnamese nationality;
- Documents proving eligibility to regain Vietnamese nationality as prescribed in Clause 1, Article 23 of the 2008 Law on Vietnamese Nationality.
(2) The Government specifies the documents in the application to restore Vietnamese nationality.
Where to submit an application to regain Vietnamese citizenship?
Pursuant to Article 25 of the 2008 Vietnamese Nationality Law, it is stipulated as follows:
Order and procedures for processing applications to restore Vietnamese nationality
1. If a person applying for return to Vietnamese nationality resides in the country, he/she must submit the application to the Department of Justice where he/she resides. If he/she resides abroad, he/she must submit the application to the Vietnamese representative agency in the host country. In case the dossier does not contain all the documents specified in Article 24 of this Law or is invalid, the dossier-receiving agency shall immediately notify the applicant to restore Vietnamese nationality to supplement and complete the dossier. .
2. Within 5 working days from the date of receiving complete and valid documents, the Department of Justice sends a written request to the Provincial Police agency to verify the identity of the applicant to restore Vietnamese nationality.
Within 20 days from the date of receiving the request from the Department of Justice, the Provincial Police agency is responsible for verifying and sending the results to the Department of Justice. During this time, the Department of Justice must verify the documents in the application to restore Vietnamese nationality. Within 5 working days from the date of receiving the verification results, the Department of Justice is responsible for completing the dossier and submitting it to the Chairman of the Provincial People's Committee.
Within 5 working days from the date of receiving the request from the Department of Justice, the Chairman of the Provincial People's Committee is responsible for reviewing, concluding and proposing opinions to the Ministry of Justice.
3. Within 20 days from the date of receipt of complete and valid documents, Vietnamese representative agencies abroad are responsible for verifying and transferring the documents along with suggestions on applying to return to Vietnamese nationality. Nam returned to the Ministry of Foreign Affairs to be transferred to the Ministry of Justice.
In case of necessity, the Ministry of Justice requests the Ministry of Public Security to verify the identity of the person applying to regain Vietnamese nationality.
4. Within 20 days from the date of receiving the written proposal from the Chairman of the Provincial People's Committee or from the Vietnamese representative agency abroad, the Ministry of Justice is responsible for re-checking the dossier, If it is deemed that the person applying to return to Vietnamese nationality is eligible to return to Vietnamese nationality, send a written notice to that person to carry out procedures for renunciation of foreign nationality, except in the case of the person applying to return to nationality. Vietnamese nationals apply to maintain foreign nationality or are stateless.
Within 10 working days from the date of receiving the confirmation of renunciation of foreign nationality of the applicant to return to Vietnamese nationality, the Minister of Justice reports to the Prime Minister and submits to the President for consideration and decision. determined.
In case the person applying to return to Vietnamese nationality wishes to retain foreign nationality, or the person applying to return to Vietnamese nationality is stateless, within 15 days from the date of receiving the written proposal of the Chairman of the Committee. Provincial People's Committee or Vietnamese representative agency abroad, the Ministry of Justice is responsible for re-checking the dossier, if it is deemed that the applicant for restoration of Vietnamese nationality is eligible to restore Vietnamese nationality. In the South, it will report to the Prime Minister and submit it to the President for consideration and decision.
5. Within 20 days from the date of receiving the Prime Minister's request, the President shall consider and decide.
A person applying to regain Vietnamese nationality, if residing in the country, must submit the application to the Department of Justice of the place of residence; if residing abroad, the application must be submitted to the Vietnamese representative agency in the host country.
In case the dossier does not have all the documents specified in Article 24 of the Law on Vietnamese Nationality or is invalid, the dossier-receiving agency will immediately notify the applicant to restore Vietnamese nationality to supplement and complete it. file.