Latest procedures for returning to Vietnamese nationality today

Returning to Vietnamese nationality is a process that foreigners or people who once held Vietnamese nationality can carry out according to the law. This procedure is prescribed in the Law on Vietnamese Nationality 2008 and related documents, ensuring legal nationality registration. This article will provide details about cases of returning to Vietnamese nationality and guide customers step by step in the implementation procedures.

Cases of returning to Vietnamese nationality

The law clearly stipulates grounds for loss of Vietnamese nationality including:

• Relinquished Vietnamese nationality;
• Stripped of Vietnamese nationality;
• Abandoned newborns, children under 15 years old found on Vietnamese territory but whose parents only have foreign nationality or whose parents only have foreign nationality;
• Nationality of minor children when parents renounce Vietnamese nationality (with parental agreement);
• International treaties to which the Socialist Republic of Vietnam is a member.

According to Article 23 of the Law on Vietnamese Nationality 2008, people who have lost their Vietnamese nationality may be allowed to regain their nationality in the following cases:

• Please repatriate to Vietnam: Overseas Vietnamese want to return to live, work or settle permanently in Vietnam.
• Having a blood relationship with a Vietnamese citizen: People whose spouse, biological father, biological mother or biological child is a Vietnamese citizen can apply to regain their citizenship.
• Special contributions to Vietnam: Those who have contributed to the cause of protecting and developing the country will also be considered for return to citizenship.
• Benefits for the State: If returning to nationality benefits the State of the Socialist Republic of Vietnam, this case is also approved.
• Making investments in Vietnam: Individuals with large business investments in Vietnam, which are beneficial to the economy, will be given priority consideration.
• Relinquishing Vietnamese nationality to acquire foreign nationality but unsuccessfully: People who have applied to relinquish Vietnamese nationality but cannot acquire foreign nationality, or for objective reasons cannot acquire another nationality, have the right to apply for another nationality, have the right to return.

In addition, Article 26 of the Law on Vietnamese Nationality 2008 also clearly states the conditions for a person whose nationality is revoked to apply to regain his/her nationality, with a waiting period of at least 5 years from the date of revocation.

Note: People applying to regain their nationality are not allowed to harm the national interests of Vietnam. For special cases, holding dual nationality (foreign nationality and Vietnamese nationality) is only allowed by the President under certain conditions.

Procedures for returning to Vietnamese nationality

Documents need to be prepared

To apply for returning to Vietnamese nationality, the applicant needs to prepare complete documents according to the provisions of Article 24 of the Law on Vietnamese Nationality 2008 and instructions from the Department of Justice. Documents include:

1. Application to return to Vietnamese nationality.
2. Copies of documents proving Vietnamese nationality: Includes copies of Birth Certificate, Decision to renounce nationality or other valuable documents proving the applicant’s previous nationality, Passport or other documents. Other sheets have replacement value.
3. Personal background statement: Provides full personal information about the applicant, including residence and work history.
4. Criminal record card: Issued by a competent authority in Vietnam if the person applying for citizenship is residing in Vietnam. If residing abroad, the criminal record certificate is issued by a foreign competent authority, and must be issued no more than 90 days before the date of application submission.
5. Documents proving eligibility to regain Vietnamese nationality, such as:

• Documents proving the relationship between husband, wife, parents or children who are Vietnamese citizens.
• Certificate of special contributions to the State of Vietnam.
• Documents certifying investment in Vietnam or confirming the request to repatriate to Vietnam.

6. Documents proving the status of not acquiring foreign nationality: For those who have renounced Vietnamese nationality to acquire foreign nationality but failed, there is a need to have documents from a foreign agency confirming the reason for not being allowed to acquire foreign nationality.
7. In cases where foreign citizenship is not granted due to the person’s subjective fault, there must be a written guarantee from one of the parents, spouse, child or citizen brother or sister. Vietnam is permanently residing in Vietnam, accompanied by an application from that person voluntarily to reside in Vietnam.

In addition, if the applicant for return to citizenship has a minor child who is also returning to citizenship, a copy of the child’s birth certificate and documents proving the parent-child relationship must be submitted.

Resolution procedures

The procedure for returning to Vietnamese nationality is carried out through many steps and involves the participation of many agencies, including the Department of Justice, Provincial Police, Provincial People’s Committee, Ministry of Justice, and finally the Ministry of Justice. President. Specifically, this process includes the following steps:

Step 1: Submit an application to the Department of Justice where you reside. After receiving the application, the Department of Justice will check the validity of the application.

• If the application is complete, this agency will issue a receipt to the applicant.
• In case the application is missing or invalid, the applicant will be instructed to supplement the necessary documents.

Note: If the applicant for return to nationality is residing abroad, submit the application to the Vietnamese representative agency in the host country.

Step 2: Verify and verify:

• Within 5 working days, the Department of Justice will send a written request to the Provincial Police to verify the identity and background of the applicant.
• Provincial police have 20 days to complete the verification process and send the results back to the Department of Justice.

Step 3: Submit to the Provincial People’s Committee:

• After receiving the results from the Police, the Department of Justice will verify and complete the dossier to submit to the Chairman of the Provincial People’s Committee within 10 working days.
• The Chairman of the Provincial People’s Committee will make a decision and send a written request to the Ministry of Justice.

Step 4: Appraisal at the Ministry of Justice:

Within 20 working days, the Ministry of Justice will re-evaluate the file and report to the Prime Minister to submit to the President for consideration and decision on returning to citizenship.

Step 5: Decision of the President:

Within 30 days of receiving the report from the Prime Minister, the President will consider and issue a decision to allow or deny the request to return to Vietnamese nationality.

Processing the application may take a long time, depending on the validity of the application and the verification and verification process of the authorities.

The time limit for processing procedures for returning to Vietnamese nationality

The Law on Vietnamese Nationality 2008 and guiding documents provide specific time frames for each processing stage as follows:

Processing time limit at the Department of Justice

• 05 working days from receipt of valid documents: The Department of Justice will send a written request to the Provincial Police to verify the identity and background of the applicant to restore Vietnamese nationality.
• 20 working days: This is the time limit for the Provincial Police to conduct verification and send the results back to the Department of Justice.
• 10 working days: After receiving results from the Provincial Police, the Department of Justice is responsible for verifying the dossier and submitting it to the Chairman of the Provincial People’s Committee.

Processing time limit at the Ministry of Justice

• 20 working days: After receiving the written request from the Provincial People’s Committee, the Ministry of Justice will re-examine the file and report to the Prime Minister for submission to the President for decision.

Processing time limit at the Office of the President

• 30 working days: Is the time for the President to consider and make an official decision on allowing or denying the request to return to citizenship.

Deadline for notification of results

After the President’s decision, the Ministry of Justice is responsible for notifying the results to the applicant for return to citizenship within 10 working days. At the same time, this information is also posted on the website of the Ministry of Justice and the Official Gazette of the Socialist Republic of Vietnam.

The total time to process the procedure to regain Vietnamese nationality from the time of application submission to the time of result can last from 6 months to 1 year, depending on the complexity of the application and the processing speed of each agency.

Consulting services and detailed instructions on procedures for returning to Vietnamese nationality at Long Phan                         

To ensure the procedure for returning to Vietnamese nationality takes place quickly and accurately, customers can come to Long Phan, our team will support:

• Consulting on cases and conditions to regain Vietnamese nationality.
• Check and prepare complete documents, in accordance with legal requirements.
• Detailed advice on issues related to citizenship, dual citizenship, and special cases.
• Representatives work with state agencies to ensure the adjustment process takes place quickly and properly.

Long Phan is committed to providing professional services, protecting customer information and ensuring compliance with Vietnamese laws.

The process of returning to Vietnamese nationality requires strict compliance with legal regulations and the preparation of complete documents. If you need legal support during this procedure, please contact Long Phan immediately via hotline: 0906735386 for detailed advice.