In the current period, Vietnam is also one of the developing countries and is increasingly improving in science, technology and opening markets to cooperate with many countries. Therefore, many foreigners want to live and work in Vietnam for a long time. This has resulted in the need for foreigners to own houses and land in Vietnam, but Vietnamese laws have put many barriers and restrictions on the ownership of real estate of foreigners. Therefore, in order to own real estate and enjoy the privileges of a Vietnamese citizen, the need for naturalized in Vietnam arose. So, what are the conditions for a foreigner to naturalize Vietnamese nationality? This article will help you understand the conditions for naturalizing Vietnamese nationality of a foreign nationality person or a stateless person.
Conditions for a foreign nationality person or a stateless person to naturalize Vietnamese nationality as the following:
a. Having the full civil act capacity as prescribed by Vietnam’s laws: Applicants for naturalization in Vietnam must have full capacity for civil acts, and have established and exercised civil rights by themselves. This person does not have a mental illness or other illness that cannot perceive and control the behaviour;
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: Applicants for naturalization must be able to listen, speak, read and write in Vietnamese in accordance with the living and working environment;
d. Having resided in Vietnam for 5 years or more by the time of application for naturalization: The period of permanent residence in Vietnam of an applicant for naturalization is counted from the date this person is granted a permanent residence card;
e. Being capable of making their livelihood in Vietnam: this is evidenced by their property, lawful income source or the guarantee of an organization or individual in Vietnam;
f. Persons applying for naturalization must have Vietnamese names. These names may be selected by the applicants and written in the decisions on naturalization in Vietnam.
However, an applicant for naturalization may not need to meet the conditions in section c, d, e if one of the following subjects:
i. Being spouses, natural parents or natural offsprings of Vietnamese citizens;
ii. Having made meritorious contributions to Vietnam’s national construction and defense: must be awarded the Medals, Medals and other noble titles of the Democratic Republic of Vietnam, the Provisional Revolutionary Government of the Republic of South Vietnam and the Socialist Republic of Vietnam or it is certified by a Vietnamese competent authority of that special merit on the basis of the dossiers and opinions of the concerned agencies and organizations and the provisions of specialized laws;
iii. Being helpful to the State of the Socialist Republic of Vietnam: must be a person with truly outstanding talents in the fields of science, economics, culture, society, art, sports, health and education, having won international awards, medals or it is certified by the agency or organization where the person is working and the ministerial-level state management agency, has the talent and has a basis showing that the naturalization of a Vietnamese citizen will contribute positively and permanently for the development of the above-mentioned field of Vietnam after being granted Vietnamese nationality.
In addition, an issue that a foreign nationality person needs to consider when wishing to naturalize Vietnam is that a naturalized Vietnamese citizen must relinquish foreign nationality except for the subjects i, ii, iii above.
Subjects i, ii and iii shall be submitted to the President for consideration of naturalization in Vietnam without having to relinquish their foreign nationality if they fully meet the following conditions:
1. Having enough conditions to naturalizes Vietnam according to the provisions of the Law on Vietnamese Nationality;
2. Having special merits contributing to the cause of building and defending the Vietnamese homeland and naturalization and holding foreign nationality at the same time is beneficial to the State of the Socialist Republic of Vietnam;
3. The retention of foreign nationality when naturalizing Vietnam is in accordance with the law of that foreign country;
4. The relinquishment of foreign nationality results in a person’s interests in foreign countries being affected;
5. Not to use foreign nationality to prejudice the lawful rights and interests of agencies, organizations and individuals; infringing upon the security, national interests, social order and safety of the State of the Socialist Republic of Vietnam.
As such, foreigners wishing to naturalizes Vietnam should live in Vietnam for a stable period of time so that you can understand the culture, language, people, social policies, and civil rights. From there, it is possible to make a decision whether or not to naturalizes Vietnam.
Apolat Legal hopes that the above contents can help people who are in need of naturalization in Vietnam think and consider when making decisions on naturalization in Vietnam.
If you have any questions or require any additional information, please contact Apolat Legal – An International Law Firm in Viet Nam.
This article is for general information only and is not a substitute for legal advice.