Who has the right to acquire Vietnamese citizenship? Can I keep my old nationality?
1. Who has the right to acquire Vietnamese nationality?
Conditions for naturalization in Vietnam based on Article 19 of the Law on Vietnamese Nationality and Article 7 of Decree No. 16/2020/ND-CP.
Accordingly, subjects eligible for Vietnamese citizenship and conditions for obtaining Vietnamese citizenship include:
1.1 Foreign citizens and stateless persons
- Must be permanently residing in Vietnam for 5 years or more by the time of applying for naturalization and comply with the Constitution as well as provisions of Vietnamese law and respect the customs, practices and traditions of the nation Vietnam.
- Have an application for Vietnamese citizenship.
- Determined by Vietnamese law to have full civil act capacity.
- Know Vietnamese and have sufficient evidence to prove the ability to listen, speak, read, and write in Vietnamese: Have studied and received a diploma from middle school, high school, or university , college, intermediate school... in Vietnam or undergo tests and tests on Vietnamese language proficiency.
- Able to ensure life in Vietnam through evidence and proof of owning property or having a legal source of income from salary, wages, etc.
1.2 Special objects
In addition to foreigners and stateless people, there are a number of other special subjects who will be granted Vietnamese nationality without meeting some of the above conditions (knowing Vietnamese, residing for 5 years in Vietnam, capable of ensuring life in Vietnam) include:
- People applying for naturalization are spouses, biological parents or biological children of Vietnamese citizens.
- People applying for naturalization have made special contributions to the cause of building and protecting the Vietnamese Fatherland and are awarded Orders, Medals, and other noble titles...
- People applying for naturalization whose naturalization will be beneficial to Vietnam include people with outstanding talents in a number of fields such as science, society, art, sports, education...
2. If I apply for Vietnamese nationality, can I still retain my old nationality?
Regarding the principles mentioned above Article 4 of the Law on Vietnamese Nationality, Vietnam recognizes that Vietnamese citizens have 01 nationality which is Vietnamese nationality, except for the case stated in Clause 2, Article 19 of the Law on Nationality and the conditions under Article 9 of Decree No. 16/2020/ND-CP.
Therefore, normally when naturalized in a foreign country, the person applying for naturalization must renounce the nationality of that old country except in special cases permitted by the President if the following conditions are fully met:
- Are spouses, biological parents, biological children of Vietnamese citizens or have special meritorious contributions to the cause of protecting and building Vietnam and at the same time, if retaining nationality will be beneficial to Vietnam .
- Be eligible for Vietnamese citizenship.
- Holding foreign nationality fully meets the conditions of that country's law.
- If you renounce foreign citizenship, the rights of the person applying for naturalization will be affected.
Specially, Clause 5, Article 9, Decree 16/2020/ND-CP confirm:
5. He/she does not utilize foreign nationality to harm legal rights and benefits of agencies, organizations and individuals; harm national security and benefits, social order and safety of the Government of Socialist Republic of Vietnam.
Thus, even though you have applied for Vietnamese nationality and even though Vietnam only recognizes one nationality, Vietnamese nationality, there are still cases where you can keep two nationalities (Vietnamese nationality and foreign nationality) if fully meet the above cases and conditions.