The Latest Guide Of Dual Citizenship For Canadian Overseas Vietnamese

Currently, Overseas Vietnamese are tending to return to Vietnamese nationality to easily invest in business or have the desire to live stably and long-term in Vietnam. However, many Overseas Vietnamese wonder whether returning to Vietnam to live would have to give up their current foreign nationality?

So what is the solution for Overseas Vietnamese to return to Vietnamese nationality and still retain foreign citizenship? The answer is dual citizenship. And in this article, the Law Firm will guide the latest dual citizenship registration procedures for Canadian Overseas Vietnamese.

1. What is dual nationality?

Dual citizenship is the fact that a person has two citizenships at the same time, this means that this person is a citizen of two different countries, enjoying the rights of citizenship of these two countries.

Currently, many countries around the world allow their citizens, if they fully meet the prescribed conditions to have dual citizenship, including Canada and Vietnam. Therefore, it is completely legal to possess Canadian – Vietnamese dual citizenship.

2. Benefits of registering for dual Canadian – Vietnamese citizenship

Possessing Canadian – Vietnamese dual citizenship brings the following benefits to Overseas Vietnamese:

♦ Owning, buying and selling real estate (house, land, etc.) in Vietnam.

According to the land law, foreigners can only buy houses in the form of apartments or houses under the project. When possessing Canadian – Vietnamese dual citizenship, overseas Vietnamese will have the right to own, buy and sell real estate like any Vietnamese citizen without the above restrictions.

♦ Investing, opening a company in a favorable way, without market restrictions applicable to foreign investors.

According to the provisions of Vietnam’s investment law, foreign investors must meet a number of conditions when investing and doing business in a number of business lines. Meanwhile, investors of Vietnamese nationality are not required to comply with these regulations. Besides, the business investment registration procedure is also simpler. Therefore, dual citizenship will allow Viet Kieu to choose the most profitable business investment plan for them in the application of the provisions of the investment and enterprise law of Vietnam.

♦ More convenient in entry and exit because there is no need to apply for a visa or a permanent or temporary residence card.

Foreigners entering Vietnam need to apply for a visa. Even if they are granted a 5-year visa, they can only reside in Vietnam for no more than 6 months for a time. At that time, they have to extend their stay or temporarily exit another country and re-enter Vietnam. When Overseas Vietnamese have Canadian – Vietnamese dual citizenship, they can enter with a Vietnamese passport, and they can stay in Vietnam unlimited time. Besides, entry with a Vietnamese passport is also much simpler than when using an entry visa.

♦ Other economic, political, and social welfare incentives and benefits of both countries of which Overseas Vietnamese are citizens.

3. Regulations of Vietnamese law on dual citizenship

Current Vietnamese law allows and facilitates Vietnamese who have settled and naturalized abroad who want to return and naturalize Vietnam, therefore, the dual citizenship registration procedure is also known as permanent residency registration. Conditions, orders and procedures for dual citizenship registration for overseas Vietnamese are specified in legal documents, including:

♦ The Residence Law 2021 promulgated by the National Assembly takes effect from July 1, 2021.

♦ Circular No. 55/2021/TT-BCA dated May 15, 2021 of the Ministry of Public Security guiding the implementation of the Residence Law 2021.

4. Conditions for dual citizenship for Canadian overseas Vietnamese

Overseas Vietnamese can be granted Canadian – Vietnamese dual citizenship when meeting the following 02 conditions:

Firstly: overseas Vietnamese have papers proving that they used to have Vietnamese nationality and still hold Vietnamese citizenship according to the provisions of Vietnamese law.

Second: Overseas Vietnamese have lawful residence in Vietnam, including houses owned by themselves or renting, borrowing or staying at other people’s houses or sponsored by relatives.

5. How to get Canadian – Vietnamese dual citizenship

The procedure for dual citizenship is done in 4 steps as follows:

♦ Step 1: Overseas Vietnamese prepare a set of documents to register for permanent residence in Vietnam according to the instructions in Section 6 below.

♦ Step 2: After preparing all the documents in step 1, overseas Vietnamese submit their documents at the Immigration Department of the Public Security Bureau of the province or centrally run city where the overseas Vietnamese have a legal place of residence or the Department of Management. Immigration – Ministry of Public Security.

♦ Step 3: After receiving the application for registration of dual citizenship of overseas Vietnamese, the immigration authority considers and evaluates the conditions, and when the application is satisfied, will allow the overseas Vietnamese to return Vietnam for pernament residence. Accordingly, overseas Vietnamese came to receive the settlement results.

♦ Step 4: After the results of step 3 are available, overseas Vietnamese carry out procedures such as: registering for permanent residence in the locality, applying for a Vietnamese citizen ID and passport.

6. Application for dual citizenship

To do Canadian – Vietnamese dual citizenship, you need to prepare 02 sets of documents including the following documents:

1. An application for permanent residence in Vietnam.
2. Copy of your Canadian passport or permanent resident document issued by Canada.
3. Copy of one of the following papers valid for proving Vietnamese nationality, including:

• Birth certificate (in case the birth certificate does not clearly show the Vietnamese nationality, it must be accompanied by papers proving the Vietnamese nationality of the parents).
• ID card.
• Vietnamese Passport.
• Decision on returning Vietnamese nationality, Decision on recognition of adoption for children who are foreigners, Decision on allowing foreigners to adopt Vietnamese children.
• Other papers (certificate of citizenship) issued by a competent Vietnamese agency certifying that the involved party still retains Vietnamese nationality in accordance with the provisions of Vietnamese law on nationality.

4. Copy of papers proving lawful residence in Vietnam:

• In case overseas Vietnamese have been allowed to own a house in Vietnam, they must submit a certificate of house ownership or documents on buying, selling, gifting, giving, exchanging, inheriting houses, housing purchase contracts, etc.
• In case overseas Vietnamese rent, borrow or stay at another person’s house or are guaranteed by their relatives, they shall submit a contract for renting, lending or letting them stay at the house; A document proving that the lessor, loaner or requester agrees to allow such person to register for permanent residence; Papers and documents evidencing the ownership of the house of the lessor.

7. Duration of processing applications for Canadian – Vietnamese dual citizenship.

When registering for dual citizenship, the competent authorities will check and verify personal information, immigration status, living activities of dual citizenship registrants in Vietnam before going abroad and during the time abroad and after returning to Vietnam…

Therefore, the processing time for dual citizenship registration dossiers at the Immigration Department of the provincial-level Police Department or the Immigration Department – the Ministry of Public Security is from 4-6 months.

8. Difficulties when Canadian overseas Vietnamese apply for dual citizenship.

– The actual processing time of the Immigration Department on the registration of permanent residence in Vietnam of Viet Kieu is quite long as mentioned in Section 7. Therefore, the applicant must regularly monitor the status of the settlement of the dossiers to provide timely additional documents if requested by the Immigration Department or the Immigration Department.

– Overseas Vietnamese need to prove that they used to have Vietnamese nationality with papers such as birth certificates, household registration books, residence registration papers before going abroad… If they no longer keep these papers, Overseas Vietnamese must carry out the extraction procedure at competent state agencies. The longer it takes for a Viet Kieu to settle down ago, the more time it will take to extract these documents.

– Extracting may also be difficult when the identity information of Viet Kieu has changed. For example, some people who naturalize a foreign country will take a new name in a foreign language and do not have documents to prove the relationship with the old name because these papers are all in the old name.

– In addition, in the process of carrying out the procedures, state agencies may request the explanation of some information related to the identity of the permanent resident registrant.

9. Service of applying Canadian – Vietnamese dual citizenship of CIS Law Firm

With a wealth of experience in implementing dual citizenship registration procedures for Viet Kieu, CIS Law Firm is proud to support many Viet Kieu to successfully register for dual citizenship.

The advantages of using services at CIS Law Firm:

♦ Consulting on conditions and procedures for applying for dual citizenship.

♦ Translating, notarizing and legalizing documents for dual citizenship registration.

♦ Extracting and completing the application for dual citizenship registration in Vietnam.

♦ Carry out the procedures for applying for dual citizenship at a competent state agency.

♦ Consulting and carrying out other legal procedures after being approved by the State agency for dual citizenship registration in Vietnam.

Above is a detailed guide on the procedure for dual citizenship for Canadian Overseas Vietnamese. If you have questions about or you have unclear content or need legal assistance, please immediately contact a lawyer of CIS Law Firm with the following information:

ENTERPRISE LEGAL DEPARTMENT – CIS LAW FIRM

109 Hoang Sa, Da Kao Ward, District 1, City. Ho Chi Minh

Phone: 028 3911 8581 – 0 28 3911 8582                     Hotline: 0916 568 101

Email: info@cis.vn