How to restore Vietnamese nationality abroad?
1. In any case of losing Vietnamese nationality
Loss of Vietnamese nationality can occur in the cases specified in detail in Article 26 ofVietnamese Nationality Law 2008. Accordingly, there are the following specific situations:
- Renunciation of Vietnamese nationality: People with Vietnamese nationality can voluntarily terminate their nationality by proposing to renounce their nationality.
- Revoked Vietnamese nationality: The government can revoke Vietnamese nationality of citizens in cases of serious law violations, causing serious consequences for the country.
- According to the provisions of Clause 2, Article 18 and Article 35 of this Law: There may be other detailed provisions in Article 18 and Article 35 of the 2008 Law on Vietnamese Nationality that specifically refer to loss of nationality.
- According to international treaties: Loss of Vietnamese nationality can also occur according to international agreements to which the Socialist Republic of Vietnam is a member.
This regulation is intended to ensure that the process of losing nationality is carried out fairly and in accordance with the law. These principles also reflect the importance of nationality in determining and protecting the rights and responsibilities of citizens towards the country.
2. Conditions to return to Vietnamese nationality
According to Article 23 of the 2008 Law on Vietnamese Nationality, there are detailed regulations on cases in which people are allowed to return to Vietnamese nationality. For those who have lost Vietnamese nationality according to the provisions of Article 26 of this Law, they can apply to regain Vietnamese nationality under certain conditions.
First, that person needs to apply to regain Vietnamese citizenship and be considered if they fall into one of the following cases:
Please repatriate to Vietnam: This applies to those who want to return to their homeland.
Having a spouse, biological father, biological mother or biological child who is a Vietnamese citizen: For those who have family relationships with Vietnamese citizens, they are also considered for return to citizenship.
Have special contributions to the cause of building and protecting the Vietnamese Fatherland:People who have made exceptional contributions to the development and security of the nation may be considered for the right to return to citizenship.
Beneficial for the State of the Socialist Republic of Vietnam: If the contributor has a positive impact on national interests, they may also be considered.
Making investments in Vietnam:Those who invest in Vietnam also have the opportunity to return to their citizenship.
Have renounced Vietnamese nationality to acquire foreign nationality, but are not allowed to acquire foreign nationality: This case applies to people who have given up Vietnamese nationality to adopt the nationality of another country without being allowed to acquire that country's nationality.
However, people applying to regain Vietnamese nationality are not allowed if this harms national interests. For those whose Vietnamese nationality is revoked, they must wait at least 5 years from the date of nationality being revoked before being considered for the right to return to Vietnamese nationality.
In addition, the person applying to restore Vietnamese nationality must regain their previous Vietnamese name, and this name will be clearly stated in the Decision to restore Vietnamese nationality. People who regain Vietnamese nationality must also renounce their foreign nationality, except in special cases permitted by the President. The Government will specifically stipulate the conditions for the right to return to Vietnamese nationality
3. What documents are needed to restore Vietnamese citizenship?
According to Article 24 of Vietnamese Nationality Law 2008, the application to restore Vietnamese nationality is a set of necessary documents to ensure rights and compliance with legal regulations. Below are details of the documents required in the application:
Application to return to Vietnamese nationality: This is the main document expressing the intention and desire of the applicant to return to Vietnamese citizenship.
Copy of Birth Certificate, Passport or other documents with alternative value: Provide proof of identity and personal information of the applicant to return to Vietnamese nationality.
Background statement: This document describes in detail the life and work history of the person applying to return to Vietnamese citizenship.
Judicial history card: This form is issued by a competent Vietnamese agency for the period of time the applicant for return to Vietnamese nationality resides in Vietnam. At the same time, if any, a criminal record card issued by a competent foreign agency for the time the applicant for restoration of Vietnamese nationality resides abroad. This form must not be older than 90 days from the date of submission.
Documents proving that the person applying to return to Vietnamese nationality once had Vietnamese nationality: Proves the process of losing Vietnamese nationality and is an important part of the document verification and review process.
Documents proving eligibility to regain Vietnamese nationality as prescribed in Clause 1, Article 23 of the Law: Includes documents proving one or several conditions that the applicant for return to Vietnamese nationality must meet according to the provisions of Article 23.
The Government will specifically regulate documents in the application to restore Vietnamese nationality. This regulation helps ensure transparency and fairness in the review and decision process for cases of returning to Vietnamese nationality.
4. Competent authority to process applications for restoration of nationality
People applying to restore Vietnamese nationality will carry out the application process at the agencies specified in accordance with Article 25 of the 2008 Vietnamese Nationality Law. Accordingly:
If residing in the country: People applying to return to Vietnamese nationality will submit their documents to the Department of Justice in the locality where they currently reside. The Department of Justice will act as the agency receiving and processing documents within the locality.
If residing abroad: In case the person applying to regain Vietnamese nationality resides abroad, they will submit their application at a Vietnamese representative agency acting as an embassy or consulate in the country or territory in which they live. are residing. This agency will be the place to receive and be responsible for processing documents of applicants to return to citizenship.
The above regulations help define where and how to submit applications for applicants to regain Vietnamese nationality, depending on their location of residence. Filing at the right agency helps optimize the processing process and keeps it running smoothly and efficiently.
If the dossier is incomplete or invalid, the receiving agency will immediately notify the applicant to restore Vietnamese nationality so that they have time to supplement and complete the dossier as prescribed in Article 24 of the Law. This is to ensure the accuracy and completeness of information, helping the resolution process take place in a transparent and fair manner.
The time limit for processing applications to restore Vietnamese nationality abroad is set at 115 days, as stated in subsection 1, Section II, Part II.Decision 1217/QD-BTP 2020. This is the actual time that the competent authorities need to consider, evaluate and decide on the return to citizenship.
For fees, people applying to return to Vietnamese citizenship abroad will need to pay 200 USD. This fee may arise from costs associated with the application review and processing process, and it plays an important role in the application process and achieving return to citizenship.