REPLY:

LEGAL BASIS

Civil Code 2015 ;

Vietnam Nationality Law 2008;

Decree 16/2020/ND-CP guiding the Law on Vietnamese Nationality;

CONSULTATION CONTENT

Article 19 of the 2008 Vietnamese Nationality Law stipulates as follows:

« Article 19. Conditions for naturalization in Vietnam

1. 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:

a) Have full civil act capacity according to Vietnamese law;

b) Comply with the Constitution and laws of Vietnam; Respect the traditions, customs and practices of the Vietnamese people;

c) Know enough Vietnamese to integrate into the Vietnamese community;

d) Have permanently resided in Vietnam for 5 years or more by the time of applying for Vietnamese nationality;

d) Able to ensure life in Vietnam.

2. A person applying for Vietnamese nationality may be granted Vietnamese nationality without having to meet the conditions specified in Points c, d and dd, Clause 1 of this Article, if they fall into one of the following cases:

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.

3. People who acquire Vietnamese nationality must renounce their foreign nationality, except for those specified in Clause 2 of this Article, in special cases, if permitted by the President.

4. People applying for Vietnamese citizenship must have a Vietnamese name. This name is chosen by the applicant for Vietnamese citizenship and is clearly stated in the Decision for Vietnamese citizenship.

5. People applying for Vietnamese nationality are not allowed to naturalize in Vietnam if doing so harms the national interests of Vietnam.

6. The Government specifically regulates the conditions for naturalization in Vietnam.”

People who acquire Vietnamese nationality must renounce their foreign nationality, except for those who:

- 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.

Currently, you are still a Vietnamese citizen. Therefore, your biological children have the right to acquire Vietnamese nationality without having to renounce Philippine nationality.

According to the provisions of Article 20 of the Law on Vietnamese Nationality.

Please prepare your application for Vietnamese citizenship including the following documents:

- Application for Vietnamese citizenship;

- 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 person applying for Vietnamese nationality resides in Vietnam, a criminal record card issued by a foreign competent 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;

People applying for Vietnamese nationality submit documents to the Department of Justice of their place of residence. In case the dossier does not contain all the documents specified in Clause 1, Article 20 of this Law or is invalid, the Department of Justice shall immediately notify the applicant for Vietnamese nationality to supplement and complete the dossier.

Within 5 working days from the date of receipt of complete and valid documents, the Department of Justice shall send a written request to the Police agency of the province or centrally run city (hereinafter referred to as the provincial level) to verify the Personal identity of the person applying for Vietnamese citizenship.

Within 30 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 documents in the application for Vietnamese nationality.

Within 10 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 10 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.

Within 20 days from the date of receiving the proposal from the Chairman of the Provincial People's Committee, the Ministry of Justice is responsible for re-checking the dossier and, if deemed eligible for Vietnamese citizenship, will send a notification. Notify in writing the applicant for Vietnamese nationality to carry out procedures for renunciation of foreign nationality, except in cases where the applicant for Vietnamese nationality wishes to retain foreign nationality or is stateless. Within 10 working days from the date of receiving the certificate of renunciation of foreign nationality of the applicant for Vietnamese nationality, the Minister of Justice reports to the Prime Minister for submission to the President for consideration and decision.

In case the person applying for Vietnamese nationality wishes to retain foreign nationality, or the person applying for Vietnamese nationality is stateless, within 20 days from the date of receiving the proposal of the Chairman of the People's Committee The province and the Ministry of Justice are responsible for re-checking the dossier. If it is deemed that the applicant for Vietnamese nationality is eligible for Vietnamese nationality, it will report to the Prime Minister and submit it to the President for consideration and decision. .

Within 30 days from the date of receiving the Prime Minister's proposal, the President will consider and decide.

Procedures for Naturalization of Vietnam in Ho Chi Minh City

Step 1:People who wish to obtain Vietnamese nationality submit their applications directly at the Receiving and Returning Results Department of the Department of Justice (address number 141-143 Pasteur, Ward 6, District 3, Ho Chi Minh City), from Monday to Friday (morning from 7:30 a.m. to 11:30 a.m., afternoon from 1:00 p.m. to 5:00 p.m.) and Saturday morning (from 7:30 a.m. to 11:30 a.m.).

Step 2: The receiving and returning results department of the Department of Justice receives the dossier

The receiving department checks the validity and completeness of the documents included in the file:

+ In case the dossier is valid and complete according to regulations, a dossier receipt will be issued;

+ In case the dossier is incomplete or invalid, the official assigned to receive will give written instructions to the applicant to supplement and complete the dossier according to regulations.

- Step 3: The Department of Justice verifies and transfers documents for verification

+ Within 05 working days from the date of receipt of complete and valid documents, the Department of Justice sends a written request to the City Police to verify the identity of the person wishing to naturalize in Vietnam.

+ Within 30 days from the date of receiving the request from the Department of Justice, the City Police shall verify and send the results to the Department of Justice.

During this time, the Department of Justice verifies documents in the application for Vietnamese citizenship.

+ Within 10 days from the date of receiving the examination results from the City Police, the Department of Justice completes the dossier and submits it to the Chairman of the City People's Committee.

+ Within 10 working days from the date of receiving the request from the Department of Justice, the Chairman of the City People's Committee shall consider, conclude and make a proposal to the Ministry of Justice.

- Step 4: The Ministry of Justice and the President's Office receive and resolve documents

+ For people who wish to acquire Vietnamese nationality and are not eligible to retain foreign nationality:

• Within 20 days from the date of receiving the request from the Chairman of the City People's Committee, the Ministry of Justice will re-check the dossier and, if deemed eligible for Vietnamese citizenship, will send a written notification to People who wish to acquire Vietnamese nationality to carry out procedures to renounce foreign nationality.
• Within 10 working days from the date of receiving the certificate of renunciation of foreign nationality of the person wishing to acquire Vietnamese nationality, the Minister of Justice reports to the Prime Minister and submits it to the President for consideration and decision. determined.

+ For people who wish to acquire Vietnamese nationality in the case of retaining foreign nationality or stateless people.

• Within 20 days from the date of receiving the request from the Chairman of the City People's Committee, the Ministry of Justice will review the dossier and, if deemed eligible for Vietnamese citizenship, report to the Prime Minister. Submit to the President for consideration and decision.
• Within 30 days from the date of receiving the Prime Minister's proposal, the President will consider and decide.
• In case the application does not meet the conditions for naturalization in Vietnam or is not approved by the President for naturalization in Vietnam, the Ministry of Justice will notify the Department of Justice in writing to notify the applicant. naturalize Vietnam.

- Step 5: The Ministry of Justice announces the settlement results

+ Within 10 days from the date of receiving the President's Decision granting Vietnamese nationality, the Ministry of Justice shall send the person granted Vietnamese nationality a copy of the Decision, accompanied by a copy of the list.

+ Send to the Department of Justice to monitor, manage, and make statistics on resolved matters related to nationality.

- Step 6: The applicant, based on the appointment date on the receipt, will receive the settlement results at the Document Receiving and Returning Department of the Department of Justice as follows:

+ 1st time: Receive file information reviewed, concluded and recommended by the Chairman of the City People's Committee to the Ministry of Justice.

+ 2nd time: Receive notice to carry out procedures to renounce foreign nationality (For people who wish to acquire Vietnamese nationality and are not eligible to retain foreign nationality).

+ 3rd time: Receive information for naturalization in Vietnam or not eligible for naturalization in Vietnam or not approved by the President for naturalization in Vietnam.