Vietnam's Nationality Law and Decree 78/2009 outline the requirements for foreigners seeking Vietnamese citizenship. It's important to note that Vietnam follows the principle of single nationality, meaning that individuals who wish to become Vietnamese citizens must renounce their existing citizenship. This regulation is in place to ensure that those who acquire Vietnamese nationality fully commit to this new status.
Acquiring Vietnamese citizenship involves three pathways:
1. Citizenship by Birth:
Children born in Vietnam to Vietnamese parents are automatically granted Vietnamese citizenship.
If one parent is a foreigner but their children are born in Vietnam, they are also eligible to acquire Vietnamese citizenship. In such cases, parents must decide which citizenship they want to pass on to their children and formally declare their choice in writing during the birth registration process.
Children born in Vietnam to a Vietnamese national and a stateless individual are also eligible to obtain Vietnamese citizenship.
They can also obtain a Vietnamese passport if the mother is Vietnamese but the father's identity is unknown.
If both parents are stateless or if the mother is stateless and the father's identity is unknown, children have the right to apply for Vietnamese citizenship. However, this process requires one of the parents to have permanent residency in the country, and the children must be born in Vietnam.
Vietnamese passports can be granted to children who are found abandoned in Vietnam or whose parents are unknown. However, there is a possibility of losing Vietnamese citizenship for children under the age of 15 if their parents are found and are determined to be foreign nationals. This rule, however, does not apply to children who are 15 years old or older, as they can retain their citizenship regardless of the circumstances.
Children born to foreigners in Vietnam are not eligible to obtain Vietnamese citizenship, even if their parents have been residing in the country for an extended period and possess a permanent residence permit.
2. Citizenship by Descent:
Children born to Vietnamese parents, regardless of their place of birth, automatically receive Vietnamese citizenship.
However, if children were born abroad and one of the parents is a foreign national, they can apply for citizenship of Vietnam only after coming of age.
3. Citizenship by Naturalization:
Foreigners can naturalize in Vietnam under the following circumstances:
Be 18 years of age or older.
Have legally resided in Vietnam for a minimum of five years.
Respect the Vietnamese constitution, laws, traditions, customs, and habits of the ethnic Vietnamese people.
Successfully pass the Vietnamese language exam and demonstrate sufficient proficiency to integrate into society.
Possess a sustainable source of income to support their livelihood in Vietnam.
Have no criminal records in their country of origin.
Be willing to adopt Vietnamese surnames that are clearly indicated in the citizenship application.
Have renounced their original citizenship.
If you plan to stay in Vietnam long-term, there are several options available:
Tourist Visa Extensions: Initially, you can enter Vietnam on a tourist visa, which is usually valid for 30 to 90 days. It's possible to extend this visa multiple times, but the total duration of stay on a tourist visa cannot exceed 12 months. If you're denied a visa extension, an alternative option is to leave Vietnam and apply for a new visa at a Vietnamese consulate or embassy in a neighboring country, such as Laos or Cambodia. Keep in mind that if you leave while holding a valid visa, that visa will be invalidated, and you'll need to obtain a new one upon your return.
Residence Permit through Employment: If you secure an official job in Vietnam, you can apply for a residence permit. To do so, you'll need to submit the following documents: a valid employment contract with your Vietnamese employer (with a minimum duration of three months) and your university or college diploma. If you have an official job offer before your arrival in Vietnam, you can apply for a work visa and subsequently obtain a residence permit after entering the country.
Marriage to a Vietnamese Citizen: Marrying a Vietnamese citizen is an alternative route to attaining legal residency in Vietnam. While this doesn't grant you citizenship, it does provide the opportunity to obtain a permanent residence permit.
Other Permanent Residence Permit Options: There are additional avenues to obtain a permanent residence permit in Vietnam, including:
Investing in shares of Vietnamese companies.
Establishing your own business.
Pursuing education in Vietnam.
Property Ownership: Holders of a residence permit in Vietnam have the ability to purchase residential and commercial properties. However, please note the following:
Property ownership is only possible with a valid permit.
Acquiring real estate does not automatically grant the right to apply for a residence permit.
Non-citizens are prohibited from renting out the property. It can only be used as a personal residence or office for the owner.
Temporary Absences: Possessing a residence permit allows you to temporarily leave the country, but for a maximum duration of three months. Exceeding this limit may result in the forfeiture of your permanent residence permit, and the government may seize your property without the possibility of reclaiming it upon your return.
It's important to note that Vietnamese citizenship laws can be nuanced and subject to exceptions. Authorities evaluate each case individually, and there are exceptions to most of the rules. Therefore, it's advisable to consult with relevant authorities or legal experts to ensure compliance with current regulations and to explore the best pathway for your specific situation.
In summary, if you are not born a Vietnamese citizen, you can potentially obtain Vietnamese citizenship by living in the country for at least five years and passing a language proficiency exam. It's crucial to understand that Vietnamese law does not allow dual citizenship, so you would be obligated to relinquish your original citizenship.
Does Vietnam allows dual citizenship?
Article 4 of the Law on Vietnamese Nationality establishes the fundamental principle of nationality, stating that "The State of the Socialist Republic of Vietnam recognizes that Vietnamese citizens have a sole nationality, Vietnamese nationality, unless it is otherwise provided for by this Law".
Situations where Vietnamese citizens are allowed to have multiple citizenships
Overseas Vietnamese who have retained their Vietnamese nationality: According to Clause 2, Article 13 of the 2018 Law on Vietnamese Nationality, overseas Vietnamese who had not forfeited their Vietnamese nationality as stipulated by Vietnamese law before July 1, 2009, are entitled to retain their Vietnamese nationality.
Persons naturalized in Vietnam without the requirement to renounce their foreign nationality: Clause 3, Article 19 of the 2018 Law on Vietnamese Nationality and Article 9 of Decree 16/2020/ND-CP specify that individuals who are granted naturalization in Vietnam without being compelled to relinquish their foreign nationality can fall into the following categories:
a. Spouses, natural parents, or natural offspring of Vietnamese citizens.
b. Those who have made meritorious contributions to Vietnam's national construction and defense.
c. Persons deemed beneficial to the State of the Socialist Republic of Vietnam.
Will i lose my U.S. citizenship if i get a vietnamese passport?
A U.S. citizen can attain foreign citizenship through marriage, and an individual who becomes a U.S. citizen through naturalization is not obligated to forfeit their citizenship of birth. U.S. legislation does not address dual nationality or impose a choice between citizenships. Furthermore, automatic acquisition of another citizenship does not jeopardize U.S. citizenship. However, an individual who actively seeks and applies for foreign citizenship may potentially relinquish their U.S. citizenship. To renounce U.S. citizenship in accordance with the law, the person must willingly, voluntarily, and intentionally apply for foreign citizenship with the intent of relinquishing their U.S. citizenship.
Citizenship Study Questions (In English)
What is the supreme law of the land? - The Constitution.
What does the Constitution do? - Sets up the government, defines the government, protects basic rights of Americans.
The idea of self-government is in the first three words of the Constitution. What are these words? - "We the People."
What is an amendment? - A change (to the Constitution); an addition (to the Constitution).
What do we call the first 10 amendments to the Constitution? - The Bill of Rights.
What is one right or freedom from the First Amendment? - Speech; religion; assembly; press; petition the government.
How many amendments does the Constitution have? - Twenty-seven (27).
What did the Declaration of Independence do? - Announced our independence (from Great Britain); declared our independence (from Great Britain); said that the United States is free (from Great Britain).
What are two rights in the Declaration of Independence? - Life; liberty; pursuit of happiness.
What is freedom of religion? - You can practice any religion, or not practice a religion.
What is the economic system in the United States? - Capitalist economy; market economy.
What is the "rule of law"? - Everyone must follow the law; leaders must obey the law; government must obey the law; no one is above the law.
Name one branch or part of the government. - Legislative (Congress); executive (President); judicial (the courts).
What stops one branch of government from becoming too powerful? - Checks and balances; separation of powers.
Who is in charge of the executive branch? - The President.
Who makes federal laws? - Congress; Senate and House (of Representatives); (U.S. or national) legislature.
What are the two parts of the U.S. Congress? - The Senate and House (of Representatives).
How many U.S. Senators are there? - One hundred (100).
We elect a U.S. Senator for how many years? - Six (6).
Who is one of your state's U.S. Senators now? - Barbara Boxer; Diane Feinstein (California state - 2010).
The House of Representatives has how many voting members? - Four hundred thirty-five (435).
We elect a U.S. Representative for how many years? - Two (2).
Name your U.S. Representative. (Answers will vary. For information on finding your elected official, you may go to www.house.gov/zip/ZIP2Rep.html or you may ask your local librarian).
Who does a U.S. Senator represent? - All people of that state.
Why do some states have more Representatives than other states? - (Because of) the state's population; (because) they have more people; (because) some states have more people.
We elect a President for how many years? - Four (4).
In what month do we vote for President? - November.
What is the name of the President of the United States now? - Barack Obama; Obama (2009).
What is the name of the Vice President of the United States now? - Joseph R. Biden, Jr.; Joe Biden; Biden.
If the President can no longer serve, who becomes President? - The Vice President.
If both the President and the Vice President can no longer serve, who becomes President? - The Speaker of the House.
Who is the Commander in Chief of the military? - The President.
Who signs bills to become laws? - The President.
Who vetoes bills? - The President.
What does the President's Cabinet do? - Advise the President.
What are two Cabinet-level positions? - Secretary of Agriculture; Secretary of Commerce; Secretary of Defense; Secretary of Education; Secretary of Energy; Secretary of Health and Human Services; Secretary of Homeland Security; Secretary of Housing and Urban Development; Secretary of Interior; Secretary of State; Secretary of Transportation; Secretary of Treasury; Secretary of Veterans' Affairs; Secretary of Labor; Attorney General; Vice President.
What does the judicial branch do? - Reviews laws; explains U.S. laws; resolves disputes (disagreements); decides if a law goes against the Constitution.
What is the highest court in the United States? - The Supreme Court.
How many justices are on the Supreme Court? - Nine (9).
Who is the Chief Justice of the United States? - John Roberts (John G. Roberts Jr.).
Under our Constitution, some powers belong to the federal government. What is one power of the federal government? - To print money; to declare war; to create an army; to make treaties.
Under our Constitution, some powers belong to the states. What is one power of the states? - Provide schooling and education; provide protection (police); provide safety (fire departments); give a driver's license; approve zoning and land use.
Who is the Governor of your state now? - Jerry Brown (California state - 2011).
What is the capital of your state? - Sacramento (California state).
What are the two major political parties in the United States? - Democratic and Republican.
What is the political party of the President now? - Democratic (Party).
What is the name of the Speaker of the House of Representatives now? - John Boehner (2011).
What are two rights of everyone living in the United States? - Freedom of expression; freedom of speech; freedom of assembly; freedom to petition the government; freedom of worship; the right to bear arms.
What do we show loyalty to when we say the Pledge of Allegiance? - The United States; the flag.
What is one promise you make when you become a United States citizen? - Give up loyalty to other countries; defend the Constitution and laws of the United States; obey the laws of the United States; serve in the U.S. military (if needed); serve (do important work for) the nation (if needed); be loyal to the United States.