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Guide to Acquiring Vietnamese Nationality Under the Amended Law on Nationality with Expanded and Flexible Provisions

posted 9 months ago

Introduction

On 24/06/2025, the National Assembly of Vietnam passed the draft Law Amending and Supplementing a Number of Articles of the Law on Vietnamese Nationality. This amended law introduces several new provisions designed to be more open and flexible in facilitating the acquisition of Vietnamese nationality by foreign nationals and overseas Vietnamese who wish to naturalize.

Key reforms include the shortening of the required period of residence, simplification of administrative procedures, expansion of exemptions for language proficiency requirements, and the ability to retain original nationality in certain exceptional cases. These amendments establish a clearer and more favorable legal framework, in line with Vietnam’s policy to attract high-quality human resources and promote international integration.

This document aims to provide a comprehensive and up-to-date guide on the latest legal provisions concerning Vietnamese nationality, including eligibility criteria, procedural steps, required documentation, and associated rights and benefits upon acquiring Vietnamese citizenship under the current law.

See also: Inheritance disputes in families with mixed nationalities in Vietnam

Key Updates in the 2025 Vietnamese Nationality Law

1. Expansion of Eligible Applicants for Naturalization or Reacquisition of Vietnamese Nationality

  • Investors, experts, and scientists are now granted more favorable conditions for acquiring Vietnamese nationality. Under Article 19 of the amended law, requirements for these groups have been simplified in order to attract high-quality human resources. (according to Pháp Luật TP. Hồ Chí Minh Newspaper).
  • Individuals who have made exceptional contributions or are deemed to have benefited the State of Vietnam. (as defined in Decree No. 16/2020/NĐ-CP) are exempted from certain conditions stipulated in Points c, d, and đ, Clause 1, Article 19 of the Nationality Law. These conditions include:
  1. Continuous residence in Vietnam,
  2. Proficiency in the Vietnamese language,
  3. Financial self-sufficiency.
  • Furthermore, these individuals may retain their foreign nationality if they:
  1. Meet two specific conditions similar to those applicable to persons with close relatives who are Vietnamese citizens; and
  2. Receive approval from the President of Vietnam.

2. Streamlined Procedures for Application Review

During legislative discussions on the amended Law, several members of the National Assembly proposed maximizing the simplification of administrative procedures, particularly through digitizing the nationality application process.

However, according to Minister of Justice Nguyễn Hải Ninh, procedures such as naturalization, reinstatement, or renunciation of Vietnamese nationality are not purely administrative, but also relate to national sovereignty and may involve classified or top-secret information. Therefore, simplification and digitization efforts must follow a carefully considered roadmap, aligned with practical conditions.

As reported by Pháp Luật TP. Hồ Chí Minh, the nationality-related procedures will gradually be digitized and paperwork reduced, while still ensuring national security, even for sensitive processes involving classified information.

Under the revised framework, Vietnamese diplomatic missions abroad are only responsible for verifying the applicant’s nationality status. The issuance of Vietnamese passports remains under the jurisdiction of the Law on Entry and Exit of Vietnamese Citizens.

3. Flexible Name Regulations to Promote International Integration

To enhance international integration, several National Assembly deputies proposed that the law should provide greater flexibility in name registration for individuals applying for Vietnamese nationality. Specifically, instead of requiring the use of a Vietnamese name, applicants should be allowed to:

  • Retain their original name,
  • Use a Vietnamized version, or
  • Adopt a hybrid name that combines Vietnamese and foreign elements.

This proposal is intended to accommodate the realities of cross-border living and employment, especially for foreign nationals and overseas Vietnamese seeking naturalization.

In response to these suggestions, the draft law has been revised — particularly Clause 4, Article 19 and Clause 4, Article 23 — to formally recognize an applicant’s right to choose their name in accordance with personal preference, while still maintaining consistency and coherence in the state’s nationality management system.

Conditions for Naturalization in Vietnam

Pursuant to Article 19 of the Law on Vietnamese Nationality, foreign nationals may be considered for naturalization in Vietnam if they fully meet the following conditions:

1. Full Civil Capacity in Accordance with Vietnamese Law
Applicants must possess full civil act capacity as defined under Vietnamese law, and must not fall into categories of persons lacking or having limited legal capacity. (Articles 16–24 of the 2015 Civil Code)

2. Compliance with Vietnamese Law and Respect for National Culture
Applicants must commit to abide by the Constitution and laws of Vietnam, and show respect for the traditions, customs, and cultural values of the Vietnamese people.

3. Adequate Proficiency in the Vietnamese Language
Applicants must demonstrate sufficient Vietnamese language skills necessary for integration into Vietnamese society. However, certain categories of applicants may be exempted from this requirement, subject to specific provisions of the law.

4. Continuous Residence in Vietnam for a Statutory Period
Applicants must have continuously resided in Vietnam for at least five (05) years up to the time of submitting the naturalization application.

5. Financial Capability to Support Life in Vietnam
Applicants must provide evidence of their financial self-sufficiency in Vietnam, which may include:

  • Legal income,
  • Ownership of assets, or
  • Guarantees by an individual or organization based in Vietnam.

Procedures for Applying for Vietnamese Nationality

According to information published on the National Public Service Portal, the process for applying for Vietnamese nationality includes the following steps:

1. Submission of Application
Foreign nationals and stateless persons residing in Vietnam must submit their application for Vietnamese nationality to the Department of Justice (Sở Tư pháp) in their place of residence.

2. Dossier Review and Acceptance
An officer reviews the application for validity:

  • If the dossier is incomplete or invalid, the applicant will be guided to supplement and correct it.
  • If complete and valid, the application is registered in the acceptance log, and an Acceptance Receipt is issued using the official form.

3. Identity Verification
Within 05 working days of receiving a valid application, the Department of Justice will send a written request to the Provincial Police to conduct a background check on the applicant.

4. Police Verification and Department Review
Within 30 days, the Provincial Police must complete the background verification and return the results to the Department of Justice. During this period, the Department also:

  • Reviews the documents,
  • Prepares a list of all application materials,
  • Compiles a list of applicants in accordance with prescribed templates.

5. Review by Provincial People’s Committee
Within 10 working days of receiving the verification results, the Department of Justice finalizes the dossier and submits it to the Chairperson of the Provincial People’s Committee.
The Chairperson then has 10 working days to review and provide a recommendation to the Ministry of Justice.

6. Ministry of Justice Review and Supplementary Guidance (if necessary)
Within 20 days, the Ministry of Justice reviews the dossier:

  • If deemed sufficient, the Ministry issues a notice to the applicant to begin procedures for renouncing their foreign nationality, except in cases where the applicant is eligible to retain it.
  • If the dossier is insufficient, the Ministry will notify the Provincial People’s Committee and Department of Justice to guide the applicant in supplementing their application.

7. Cases Involving Retention of Foreign Nationality
If the applicant wishes to retain their foreign nationality but fails to provide documents proving eligibility under Article 9 of Decree No. 16/2020/NĐ-CP, they will be required to renounce their foreign nationality.
If the applicant fails to complete the process or submit a certificate of renunciation within 9 months, the application will be considered withdrawn and returned.
(Note: The 9-month period is not counted in the official processing time under Clause 3, Article 21 of the Law on Vietnamese Nationality.)

8. Submission to the President for Decision
Within 10 working days of receiving proof of renunciation of foreign nationality (or confirmation of eligibility to retain it), the Minister of Justice, authorized by the Prime Minister, submits the case to the President of Vietnam for decision.
The President must issue a decision within 30 days of receiving the submission.

9. Notification and Presentation of Naturalization Decision
After the President grants Vietnamese nationality:

  • The Ministry of Justice sends a written notification with a copy of the Decision to the Provincial People’s Committee within 10 working days.
  • The Department of Justice organizes an official ceremony to present the naturalization decision in a manner appropriate to local customs and conditions.

10. Civil Status Update and Issuance of Identity Documents
If the newly naturalized person has previously registered their civil status in Vietnam:

  • The Ministry of Justice sends a notification to the Department of Justice where the civil registration was made, to update the civil registry.
  • If the registry cannot be located or is no longer retained, the Department must notify the Ministry for record-keeping.

Within 10 working days of the naturalization decision, the Ministry of Justice notifies the Ministry of Public Security, which will then instruct the relevant police authority to:

  • Register the individual’s residency,
  • Issue a Vietnamese Passport,
  • Issue a Personal Identification Number, Citizen ID card, or Electronic Citizen ID, in accordance with applicable law.

See also: Vietnamese Marriage Law for Multinational Couples

Rights and Benefits of Becoming a Vietnamese Citizen

1. Rights to Own, Use, and Transfer Housing and Land-Related Assets
Vietnamese citizens are entitled to:

  • Be named on the Certificate of Land Use Rights, Home Ownership, and Assets Attached to Land in accordance with the 2013 Land Law;
  • Buy, sell, transfer, donate, and inherit real estate without the limitations applied to foreign nationals;
  • Access preferential policies related to housing, residential land, and production land as prescribed by law.

2. Right to Participate in Political and Social Activities
According to the newly amended provisions under Article 5 of the Law on Nationality:

  • Persons holding term-based positions in Party agencies, State agencies, the Vietnam Fatherland Front, or socio-political organizations at central and local levels; persons working in cipher organizations; and members of the armed forces must possess only Vietnamese nationality and be habitually resident in Vietnam.
  • Civil servants and public employees not falling under the above categories must also have only Vietnamese nationality, except in special cases where dual nationality is deemed beneficial to the State and not detrimental to national interests, and must also reside permanently in Vietnam.

3. Right to Conduct Business, Invest, and Access Markets Like Domestic Citizens
Naturalized citizens have full rights to:

  • Register businesses and establish enterprises;
  • Engage in all lawful industries and sectors not prohibited by law;
  • Access domestic investment incentives without being discriminated against in favor of foreign investors.

4. Right to Access Social Security Benefits as Vietnamese Citizens
Vietnamese citizens are entitled to:

  • Participate in and benefit from health insurance, social insurance, retirement pensions, and unemployment allowances;
  • Access public healthcare services, universal education, and government welfare programs designed for Vietnamese nationals;
  • Be issued Citizen ID cards and other official identification documents.

5. Freedom of Residence, Movement, and Protection by the State Abroad
Vietnamese citizens have the right to:

  • Reside and travel freely within the territory of Vietnam;
  • Be protected by Vietnamese diplomatic missions abroad, receive a Vietnamese passport, and benefit from consular services while overseas.

Conclusion

The 2025 Law on Vietnamese Nationality, with its newly reformed provisions emphasizing transparency, flexibility, and selectivity, has established a robust legal foundation for foreign nationals seeking Vietnamese citizenship. Conditions, procedures, and entitlements have been significantly improved to align with globalization trends and attract international talents.

Nonetheless, the naturalization process still requires thorough preparation of documentation, comprehensive legal understanding, and strict adherence to administrative procedures.

In this context, consulting an experienced lawyer or legal expert is a practical solution that can save time, mitigate legal risks, and ensure that the application is processed in full compliance with legal requirements.

Harley Miller Law Firm (HMLF) – with a team of experienced lawyers and legal experts specializing in nationality law, investment, and immigration – is ready to assist clients throughout the entire process of preparing, reviewing, and finalizing applications for Vietnamese nationality.

Harley Miller Law Firm

Author

Minh Nguyễn Hoàng

Email:

Phone:

8493 7*****

posted 5 months ago

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