CONDITIONS FOR FOREIGNERS TO RETAIN THEIR NATIONALITY WHEN ACQUIRING VIETNAMESE CITIZENSHIP

Situation: I was born in Spain. When I was 10 years old, I traveled to Vietnam with my father. Seeing that this place was suitable for living, my family decided to settle in Vietnam permanently. Up until now, I have lived here for more than 15 years. As far as I know, to acquire Vietnamese citizenship, one must renounce their current nationality. So, may I ask the lawyer what conditions I need to meet to hold dual citizenship?

Answer:

Article 9 of Law on Vietnamese nationality stipulates that Foreign nationals and stateless persons permanently residing in Vietnam who file applications for Vietnamese nationality may be permitted for naturalization in Vietnam if they satisfy the following conditions:

a/ Having the full civil act capacity as prescribed by Vietnam’s laws;

b/ Obeying the Constitution and laws of Vietnam; respecting the traditions, customs, and practices of the Vietnamese nation;

c/ Understanding Vietnamese sufficiently enough to integrate themselves into the Vietnamese community;

d/ Having resided in Vietnam for 5 years or more by the time of application for naturalization;

dd/ Being capable of making their livelihood in Vietnam.

Those who apply for Vietnamese nationality may be permitted for naturalization in Vietnam without having to fully meet the conditions prescribed at Points c, d, and e above if they fall into one of the following cases:

a/ Being spouses, natural parents, or natural offspring of Vietnamese citizens;

b/ Having made meritorious contributions to Vietnam’s national construction and defense;

c/ Being helpful to the State of the Socialist Republic of Vietnam.

In principle, a person who acquires Vietnamese citizenship must renounce their foreign nationality. However, those who apply for Vietnamese nationality may be permitted for naturalization in Vietnam fall into one of the cases: a) Being spouses, natural parents, or natural offsprings of Vietnamese citizens; b) Having made meritorious contributions to Vietnam’s national construction and defense; c) Being helpful to the State of the Socialist Republic of Vietnam, if the following conditions are met, the individual is considered a special case and may be submitted to the President for consideration of Vietnamese naturalization without having to renounce their foreign nationality.

a/ He/she satisfies the conditions for naturalization of Vietnamese nationality according to the Law of Vietnamese Nationality.

b/ He/she has made a meritorious contribution to Vietnam’s national construction and defense, and the naturalization of Vietnamese nationality with retention of foreign nationality is beneficial to the government of the Socialist Republic of Vietnam.

c/ Retention of his/her foreign nationality upon the naturalization of Vietnamese nationality is satisfactory to the regulations and laws of said foreign country.

d/ Renunciation of foreign nationality leads to impacts on his/her rights and benefits in the foreign country.

e/ 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 the Socialist Republic of Vietnam.

By Vo Thi Thu Ha- FDVN Law Firm

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