ĐIỀU KIỆN NHẬP QUỐC TỊCH VIỆT NAM VÀ GIỮ QUỐC TỊCH NƯỚC NGOÀI TỪ NGÀY 01/07/2025 / CONDITIONS FOR AC

Legal situation: 

Dear Lawyer,

I am an Australian citizen currently living and working in Vietnam. I am married to a Vietnamese citizen and we have two children. At present, I wish to acquire Vietnamese nationality, but I also wish to retain my Australian nationality. Please advise whether this intention is in compliance with Vietnamese law. If so, what are the procedures and formalities involved? Thank you.

FDVN’s Opinion: 

Thank you for sending your inquiry to FDVN Law Firm (FDVN). With respect to your request for legal advice, after reviewing the relevant legal provisions, FDVN provides the following opinion:

1. Conditions for acquiring Vietnamese nationality

Pursuant to Clause 5 Article 1 of the Law amending and supplementing a number of articles of the Law on Vietnamese Nationality 2025, which amends and supplements Article 19 of the Law on Vietnamese Nationality 2008:

“Article 19. Eligibility conditions for acquiring Vietnamese nationality

1. Foreign nationals and stateless persons who apply for Vietnamese nationality may be granted Vietnamese nationality if they satisfy the following conditions:

a) Possess full civil legal capacity according to the provisions of Vietnamese law, except for cases involving minors applying for Vietnamese nationality through their father or mother, or minors whose father or mother is a Vietnamese citizen;

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

c) Be proficient in Vietnamese enough to integrate into the Vietnamese community;

d) Currently residing in Vietnam;

dd) Have the period of residence in Vietnam of five years or more up to the time of application for Vietnamese nationality;

e) Have a capacity to ensure a livelihood in Vietnam.

2. An individual applying for Vietnamese nationality who has a spouse or child that is a Vietnamese citizen may obtain Vietnamese nationality without having to meet the conditions set out in points c, d, and e of clause 1 of this Article.”

Accordingly, in your case, since your spouse is a Vietnamese citizen, in order to acquire Vietnamese nationality, you are required to satisfy the following conditions:

- Possess full civil legal capacity according to the provisions of Vietnamese law;

- Comply with the Constitution and laws of Vietnam; respect the culture, traditions, customs, and practices of the Vietnamese people;

- Permanently residing in Vietnam (an applicant who is not exempt from the permanent residence requirement must be a permanent resident in Vietnam and must have been issued a Permanent Residence Card by a competent Vietnamese police authority in accordance with Clause 2 Article 11 of Decree No. 191/2025/NĐ-CP).

In addition, in order to retain Australian nationality, you must satisfy the following conditions and obtain permission from the President of the Socialist Republic of Vietnam in accordance with Clause 6 Article 1 of the Law amending and supplementing a number of articles of the Law on Vietnamese Nationality 2025:

- The retention of foreign nationality must be consistent with the law of that foreign country;

- The foreign nationality must not be used to harm the lawful rights and interests of agencies, organizations or individuals, nor infringe upon national security, national interests, or social order and safety of the Socialist Republic of Vietnam.

Therefore, in order to acquire Vietnamese nationality while retaining your Australian nationality, you must obtain the approval of the President of Vietnam, comply with Australian law on dual nationality, and must not use Australian nationality to cause harm to the lawful rights and interests of agencies, organizations or individuals, nor infringe upon national security, national interests, or social order and safety of Vietnam.

2. Procedures for applying for Vietnamese nationality

(Pursuant to Article 21 of the Law on Vietnamese Nationality 2008, as supplemented by Clause 7 Article 1 of the Law amending and supplementing a number of articles of the Law on Vietnamese Nationality 2025)

Step 1: You are required to prepare 03 sets of application dossiers for Vietnamese nationality in accordance with Article 20 of the Law on Vietnamese Nationality 2008, as amended and supplemented by Clause 6 Article 1 of the Law amending and supplementing a number of articles of the Law on Vietnamese Nationality 2025, and Clauses 1, 2 and 3 Article 13 of Decree No. 191/2025/NĐ-CP, including:

+ Application form for Vietnamese nationality;

+ Copy of birth certificate, passport, or other valid substitute documents;

+ Curriculum vitae;

+ Criminal record certificate issued by a competent foreign authority in accordance with the law of that country for the period of residence abroad. Such document must be issued no more than 90 days prior to the date of dossier submission;

+ Copy of Permanent Residence Card;

+ Copy of Marriage Certificate or Certificate of Marital Status;

+ Document issued by a competent foreign authority confirming that the retention of foreign nationality is consistent with the law of that country. In cases where foreign law does not provide for the issuance of such document, the applicant must submit a written undertaking confirming that such document is not provided under foreign law and that the request to retain foreign nationality upon acquiring Vietnamese nationality is consistent with that foreign law;

+ Written commitment not to use foreign nationality to harm the lawful rights and interests of agencies, organizations or individuals, nor infringe upon national security, national interests, or social order and safety of the Socialist Republic of Vietnam.

Step 2: You shall submit the dossier to the Department of Justice if residing in Vietnam, or to the Vietnamese diplomatic mission if residing overseas. In the event that the dossier is incomplete or invalid, the receiving authority shall promptly notify the applicant for supplementation and completion.

* If submitting to the Department of Justice in Vietnam:

Within 05 working days from receipt of a complete and valid dossier, the Department of Justice shall send a written request to the provincial-level police authority to verify the applicant’s identity.

Within 30 days from receipt of such request, the provincial-level police authority shall conduct verification and send the results to the Department of Justice. During this period, the Department of Justice shall review the dossier.

Within 05 working days from receipt of the verification results, the Department of Justice shall complete the dossier and submit it to the Chairperson of the provincial-level People’s Committee.

Within 05 working days from receipt of the submission, the Chairperson of the provincial-level People’s Committee shall review, conclude, and provide written opinions to the Ministry of Justice.

* If submitting to a Vietnamese diplomatic mission overseas:

Within 20 days from receipt of a complete and valid dossier, the diplomatic mission shall examine the dossier and forward it, together with its written opinion, to the Ministry of Justice, and simultaneously send information to the Ministry of Foreign Affairs for coordination in state management of nationality.

The Ministry of Public Security shall verify the applicant’s identity upon request of the Ministry of Justice.

Step 3: Within 20 days from receipt of the proposal from the Chairperson of the provincial-level People’s Committee, or receipt of verification results from the Ministry of Public Security for dossiers submitted overseas, the Ministry of Justice shall re-examine the dossier. If the applicant fully satisfies the conditions for Vietnamese nationality, the Ministry of Justice shall report to the Prime Minister for submission to the President for consideration and decision.

Upon receipt of the Decision granting Vietnamese nationality, together with the notification from the Ministry of Justice, the Chairperson of the provincial-level People’s Committee shall direct the Department of Justice to organize a ceremony to present the Decision to applicants residing in Vietnam; Vietnamese diplomatic missions shall organize the ceremony for applicants residing overseas.

The ceremony for granting Vietnamese nationality shall be conducted in a solemn and meaningful manner, appropriate to local conditions or diplomatic missions.

Tuấn Thi – FDVN Law Firm