The latest guide to applying for dual citizenship for overseas Vietnamese

In some countries in the world, in order to naturalize, naturalization applicants have to give up their current nationality, such as Belgium, China, Denmark, etc. Besides, in countries like the UK, France , Canada, USA, Australia… When applying for naturalization in these countries, naturalization applicants are not required to give up their citizenship, that means, these countries allow citizens to have 2 or more nationalities.

In Vietnam, Vietnamese residing abroad can hold both foreign nationality and Vietnamese nationality. In order for Viet Kieu to have two citizenships at the same time, it is necessary to meet a number of conditions as prescribed by Vietnamese law.

In the following article, CIS Law Firm will guide the procedure for applying for dual citizenship for overseas Vietnamese.

1. What is dual citizenship?

Dual nationality (formerly known as repatriation) is a case where a person is allowed to hold two citizenships of two different countries.

According to the provisions of Vietnamese law, a person who used to have Vietnamese nationality and is currently living, working, … in another country and has naturalized in that country, when he wants to return to Vietnamese nationality then you need to submit a dossier to a competent Vietnamese agency to be considered for naturalization in Vietnam without having to give up your foreign nationality. This procedure is called dual citizenship registration.

2. Benefits of dual citizenship registration for overseas Vietnamese

The registration of dual citizenship will bring a lot of benefits to overseas Vietnamese, such as:

• Enjoy all privileges and benefits in terms of economic, political, social welfare of both holding countries;
• Convenience in entry and exit without applying for a visa or permanent residence card;
• To study, work, get health care;
• Being invested to establish and manage the company quickly and easily;
• To own and buy real estate;
• To sponsor relatives;
• The right to stand for election, to vote.

3. Legal provisions on applying for dual citizenship

– The Law on Vietnamese Nationality dated November 13, 2008 and the Law amending and supplementing a number of articles of the Law on Vietnamese Nationality dated June 24, 2014;

– Law on Residence of November 13, 2020;

– Decree 16/2020/ND-CP dated February 3, 2020 detailing a number of articles and measures to implement the Law on Vietnamese Nationality;

– 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 overseas Vietnamese

In order to registered for dual citizenship, Viet Kieu need to meet the following 02 conditions:

– First: Having papers proving that they used to have Vietnamese nationality or still hold Vietnamese nationality according to the provisions of Vietnamese law.

– Second: Having a legal residence in Vietnam, including a house owned by oneself or a house rented, borrowed or stayed at another person’s house or sponsored by a relative.

5. Instructions on how to do dual citizenship

To apply for dual citizenship, you need to follow these 4 steps:

Step 1: Prepare a set of documents for registration of dual citizenship in Vietnam according to Section 6 below.

Step 2: Submit the application file at the Immigration Department of the Police Department of the province/city directly under the central government.

Step 3: Receive the results of settlement of consent for Viet Kieu to return to Vietnam to permanently reside at the agency where you have submitted the application for dual citizenship.

Step 4: Carry out the following procedures after obtaining the consent for Viet Kieu for permanent residence registration such as: entering the local household registration, applying for a Vietnamese citizen identity card and passport.

6. What does the application for dual citizenship include?

To apply for dual citizenship, you need to prepare a set of documents including the following documents:

1) An application for permanent residence in Vietnam.

2) Copy of foreign passport or permanent residence document issued by foreign country.

3) A copy of one of the following papers valid for proving Vietnamese nationality, such as:

• 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 father or mother);
• Nation ID;
• Vietnam passport;
• Decision on returning Vietnamese nationality, Decision on recognition of adoption for children being 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 Vietnamese law on nationality.

4) Copy of documents proving lawful residence in Vietnam:

• In case overseas Vietnamese have been allowed to own a house in Vietnam, provide a certificate of house ownership or documents on buying, selling, gifting, giving, exchanging, inheriting houses, house purchase contracts,…
• In case overseas Vietnamese rent, borrow or stay at another person’s house or are guaranteed by a relative, a contract for renting, lending or letting them stay at home; 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, borrower, or stayer.

7. State agencies apply for dual citizenship.

After preparing all the documents in Section 6, you submit your application to the Immigration Department of a province / city directly under the central government, you have a legal place of residence for consideration and settlement.

8. Processing time for application for dual citizenship.

The actual processing time of overseas Vietnamese song records is quite long, from 4-6 months. Therefore, the applicant must regularly monitor the status of the application to promptly issue additional documents if requested by the state agency.

9. How much is the dual citizenship fee?

To do dual citizenship, there are basic state fees and charges, including:

• Fees for searching and extracting documents;
• Permanent residence registration fee;
• Citizenship identification fee;
• Passport issuance fee;
• …vv

10. Common difficulties when applying for dual citizenship

The procedure for applying for dual citizenship requires preparing many documents according to regulations and going through the approval process of state agencies, so you may face many difficulties such as:

• Prepare dossiers according to forms and requirements of state agencies;
• Prepare a variety of documents as prescribed;
• Contact many state agencies to extract and confirm records;
• Consular legalization of documents at the request of state agencies.

11. Service of dual citizenship procedures for overseas Vietnamese at CIS Law Firm

With a wealth of experience in implementing dual citizenship registration procedures for overseas Vietnamese, 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:

• Accurate advice on conditions and procedures for applying for dual citizenship.
• Translate, notarize, translate, and consulate legalize documents for dual citizenship registration.
• Extract and complete the application for dual citizenship registration in Vietnam for customers.
• 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.

To answer questions about The latest procedure for applying for dual citizenship for overseas Vietnamese, please contact the information below for advice and service requests:

CIS LAW FIRM

109 Hoang Sa, Da Kao Ward, District 1, City. Ho Chi Minh
Phone: 028 3911 8581 – 3911 8582             Hotline: 0916 568 101
Email: info@cis.vn