1. What is nationality?

Nationality can be understood as the legal relationship between an individual and a certain state, expressed in the overall rights and obligations of that person regulated and guaranteed by the law of the State.

In Article 1 of the 2008 Vietnamese Nationality Law, Vietnamese nationality represents an individual's close relationship with the State of the Socialist Republic of Vietnam, giving rise to the rights and obligations of Vietnamese citizens towards the Socialist Republic of Vietnam. The State and the rights and responsibilities of the State towards Vietnamese citizens.

2. Conditions for applying for Vietnamese citizenship

According to Article 19 of the 2008 Vietnamese Nationality Law, the conditions for applying for Vietnamese nationality are stipulated as follows:

(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:

(1.1) Have full civil act capacity according to Vietnamese law;

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

(1.3) Know enough Vietnamese to integrate into the Vietnamese community;

(1.4) Have permanently resided in Vietnam for 5 years or more by the time of applying for Vietnamese citizenship;

(1.5) 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 (1.3), (1.4) and (1.5) of this section, if they fall into one of the following cases. This:

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

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

(2.3) Benefits the State of the Socialist Republic of Vietnam.

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

(4) A person 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.

3. Application for Vietnamese nationality

Dossier to apply for Vietnamese nationality according to Article 20 of the 2008 Vietnamese Nationality Law and Circular 02/2020/TT-BTP includes:

- 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;

- Documents proving Vietnamese proficiency;

- Documents proving residence and permanent residence time in Vietnam;

- Documents proving life assurance in Vietnam.

Note: People who are exempted from some conditions for naturalization in Vietnam specified in (2) section 2 are exempt from the documents corresponding to the exempted conditions.

4. Procedures for applying for Vietnamese citizenship

Procedures for applying for Vietnamese nationality are prescribed according to Article 21 of the 2008 Vietnamese Nationality Law as follows:

- People applying for Vietnamese nationality submit documents to the Department of Justice of their place of residence. In case the dossier does not have all the required documents or is invalid, the Department of Justice will 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) for verification. about the 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 of 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 in writing. documents for people applying for Vietnamese nationality to carry out procedures for renunciation of foreign nationality,

Except for cases where the person applying for Vietnamese nationality wants to keep 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 records,

If it is deemed that the applicant for Vietnamese nationality is eligible for Vietnamese nationality, it will be reported to the Prime Minister and submitted to the President for consideration and decision.

- Within 30 days from the date of receiving the Prime Minister's request, the President shall consider and decide.

5. Procedures for applying for Vietnamese citizenship for stateless people who have resided stably in Vietnam

According to Article 22 of the 2008 Vietnamese Nationality Law, the procedures for applying for Vietnamese nationality for stateless people who have resided stably in Vietnam are as follows:

Stateless people without complete personal documents, but have resided stably in the territory of Vietnam for 20 years or more as of July 1, 2009 and comply with the Constitution and laws of Vietnam can be naturalized in Vietnam according to the order, procedures and documents prescribed by the Government.