Naturalization of Vietnam

20/08/2018

 

The order of execution

 

- Foreigners and stateless persons permanently residing in Vietnam apply for naturalization in PAA (No. 5, Nguyen Trai Street, Lien Bao Ward, Vinh Yen City Vinh Phuc).

- The receiver shall have to check all the dossiers. If the dossier is incomplete or invalid, the dossier-receiving agency shall immediately notify the applicants to supplement and complete the dossier; If the dossiers are complete and valid, the dossiers of application for naturalization in Vietnam shall be recorded and the dossier receipt card shall be made according to a set form.

- Within 05 working days after receiving the complete and valid dossier, the Department of Justice shall send a written request to the Department of Public Security to verify the identity of the applicant for naturalization in Vietnam.

- Within 30 days after receiving the request of the Dept of Justice, the Department of Public Security shall have to verify and send the results to the Dept of Justice. During this time, the Dept of Justice shall have to examine the papers in the dossiers of application for Vietnamese nationality.

- Within 10 working days after receiving the verification results, the Dept of Justice shall have to complete the dossiers for submission to the president of the People's Committee of Vinh Phuc province.

- Within 10 working days after receiving the proposal of the Dept of Justice, the Chairman of the People's Committee of Vinh Phuc province shall have to consider, conclude and propose opinions to the Ministry of Justice.

- Within 20 days after receiving the written proposal of the Chairman of the People's Committee of Vinh Phuc province, the Ministry of Justice shall have to re-examine the dossier, if deeming that all the conditions for naturalization are satisfied, he / she shall send a written notice to the applicant in order to carry out procedures for renunciation of his / her foreign nationality, except for cases where the applicant for retaining his / her foreign nationality or a stateless person.

Within 10 working days from the date of receiving the certificate of renunciation of foreign nationality of the applicant for naturalization in Vietnam, the Minister of Justice, authorized by the Prime Minister, shall sign a report requesting the State President for onsideration and decision.

- In cases where the applicant for retaining the foreign nationality or is a stateless person, within 20 days after receiving the proposal of the president of the People's Committee of Vinh Phuc province, the Ministry The judiciary shall have to re-examine the dossier, if deeming that the applicant is eligible for naturalization in Vietnam, the Minister of Justice shall be authorized by the Prime Minister to sign the request. The country shall consider and decide.

- Within 30 days after receiving the proposal of the Prime Minister, the State President shall consider and decide.

- After issuing decisions on granting Vietnamese nationality by the State President, the State President's Office shall publish the Official Gazette on the Ministry of Justice and publish it on the Ministry of Justice's website and within 10 days the Ministry of Justice should send a copy of the Decision together with the extract of the list of persons who are naturalized and at the same time send one copy to the People's Committee of Vinh Phuc province which receives the dossier for monitoring, managing, collecting statistics on settling nationality. At the same time, to notify the Dept of Justice of Vinh Phuc province which has previously registered the birth of a person who is granted Vietnamese nationality (if registering a birth in the country) or the place where saves the birth registration in the old version for making notes in the birth registration. The contents of the note include: decision number; date, month and year of issuing the decision; the contents of the Decision. The civil servant has to sign, clearly state the full name and date of making the note.

 

Implementation method

Persons applying for Vietnamese nationality shall submit their dossiers directly to PAA.

Composition, number of records

 

- An application for naturalization in Vietnam;

- A copy of the birth certificate, passport or other valid paper;

- Curriculum vitae;

- A judicial record issued by a competent Vietnamese authority for the period of time the applicant for Vietnamese nationality resides in Vietnam, or a judicial record issued by a competent authority of the country. The time of applying for Vietnamese nationality residing abroad. Judicial records must be issued within 90 days before the date of submission of the application file;

- Papers proves Vietnamese proficiency (including one of the following papers: copy of graduation diploma of postgraduate, university, college, vocational secondary school, upper secondary school or secondary school of Vietnam;  copy of the diploma or certificate of Vietnamese proficiency granted by the Vietnamese language training center of Vietnam).

In cases where a person applying for Vietnamese nationality makes declaration in Vietnamese in order to integrate into the Vietnamese community but does not have one of the above papers, the Dept of Justice shall conduct a direct interview for examining and submitting Vietnamese language of the person. Interview results must be in writing; The interviewer shall base on the criteria specified in Clause 1, Article 5 of Decree No. 78/2009 / ND-CP (he / she knows Vietnamese enough to integrate into the Vietnamese community of the applicant for naturalization in Vietnam) to propose opinions and take responsibility for their suggestions;

- Permanent residence documents in Vietnam (copy of permanent residence card);

- Documents prove the assurance of life in Vietnam (including one of the following documents: proof of ownership of the property, certificate of salary or income by the agency or organization where he / she works a certificate of taxable income from a tax office, a document proving the guarantee of an organization or individual in Vietnam, a written certification by the commune-level People's Committee of the locality where the applicant resides. Vietnamese nationality about his / her ability to assure his / her life in Vietnam.

- For juveniles applying for Vietnamese nationality together with their parents, a copy of the birth certificate of their minor child or other papers proving the parent-child relationship. If only the father or mother is naturalized in Vietnam and his / her minor child lives with his / her parent, he / she must also submit a written agreement of the parents on the naturalization of Vietnam for his / her children. .

 

Note: Persons who are exempted from certain conditions for naturalization in Vietnam shall be exempt from the papers corresponding to the exempted conditions but must submit the following papers to prove the exemption conditions:

- A married person who is a Vietnamese citizen must submit a copy of the marriage certificate proving the marriage;

- Persons who are fathers, mothers or biological children of Vietnamese citizens must submit copies of birth certificates or other valid papers evidencing their paternity or mother-child relations;

- Persons who have made special meritorious contributions to the cause of building and defending Vietnamese shall have to submit copies of medals, certificates of other noble titles or written certifications of authority agencies or organizations.

- Persons whose naturalization in Vietnam benefits the State of the Socialist Republic of Vietnam Persons (who have talents in the fields of science, economics, culture, society, must submit the certificate of the agency or organization where he / she works, certified by the ministerial-level State management agency or the provincial-level People's Committee of his / her naturalization in Vietnam. for the development of one of the fields of science, economics, culture, society, arts, sports.

Number of records: 03 sets

Period of settlement

135 days (actual processing of dossiers at competent agencies)

Agency of administrative procedure

the Dept of Justice

Objects of administrative procedure

Individuals

 

Result of settling administrative procedure

Decision on granting permission for naturalization in Vietnam of the President

Fee, charge

3,000,000 Vietnam dong

Form, form of declaration

- Application for naturalization in Vietnam (Form TP / QT-2010-DNR)

- Declaration Form (Form TP / QT- 2010 - TKLL)

Requirements, conditions for carrying out procedures

 

- A foreign national or a stateless person who is permanently residing in Vietnam and has applied for naturalization in Vietnam may obtain Vietnamese nationality if he or she satisfies the following conditions:

+ Having full civil act capacity in accordance with the provisions of Vietnamese law;

+ Complying with the Constitution and laws of Vietnam; to respect the traditions, customs and practices of the Vietnamese nation;

+ Knowing Vietnamese enough to integrate into Vietnamese community.

+ Having been resident in Vietnam for 5 years or more up to the time of application for naturalization in Vietnam;

+ Being able to make a living in Vietnam.

- Persons applying for Vietnamese nationality if they fall into one of the following cases: spouse, natural father or mother of the Vietnamese citizen; having a special contribution to the cause of building and defending the Vietnamese Fatherland (must be the recipient of the Medal and other noble titles of Vietnam in the past and present and certified by the competent Vietnamese agency or organization of such special merit); It is advantageous for the State of Vietnam (who has talents in the fields of science, economics, culture, society, art and sports, certification work and state management agencies at ministerial level or provincial people's committees certifying their naturalization will contribute to the development in the above areas of Vietnam) can be naturalized in Vietnam without the following:

+ Knowing Vietnamese enough to integrate into Vietnamese community.

+ Having been resident in Vietnam for 5 years or more from the date of issuance of the permanent residence card;

+ Being able to make a living in Vietnam.

- Persons who are granted Vietnamese nationality must renounce their foreign nationality, except for the following persons, in special cases, if so permitted by the State President:

+ Being a spouse, natural father or mother of a Vietnamese citizen;

+ Having made special contributions to the cause of building and defending the Vietnamese Fatherland;

+ To benefit the State of the Socialist Republic of Vietnam.

- Applicants for Vietnamese nationality must have a Vietnamese name. This name shall be selected by the applicant for naturalization in Vietnam and clearly stated in the decision on naturalization in Vietnam.

- Persons applying for Vietnamese nationality must not acquire Vietnamese nationality if such act is detrimental to the national interests of Vietnam.

Legal basis of the administrative procedure

 

- Vietnamese Nationality Law 2008.

- Decree No. 78/2009 / ND-CP on 22 September 2009 of the Government detailing and guiding the implementation of a number of articles of the Law on Vietnamese Nationality in 2008.

- Circular No. 08/2010 / TT-BTP on March 25, 2010 of the Minister of Justice guiding sample papers on nationality and sample book for receiving nationality.

- Joint Circular No. 05/2010 / TTLT / BTP-BNG-BCA on 01/3/2010 of the Ministry of Justice, Ministry of Foreign Affairs, Ministry of Public Security guiding the implementation of Decree No. 78/2009 / ND- CP on 22 September 2009 of the Government.

- Circular No. 281/2016 / TT-BTC on 14/11/2016 of the Ministry of Finance prescribing the rates, the regime of collection, remittance, management and use of data mining and use fees in the database civil status, fee for certification of Vietnamese nationality, fee for certification of Vietnamese origin, fee for nationality.

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