Ministry of Justice proposes to relax regulations on naturalization and reversion to Vietnamese nationality

According to the draft proposal on amending and supplementing a number of articles of the Law on Vietnamese Nationality, the Vietnamese community abroad has about 6 million people, living in more than 130 countries and territories. The Ministry of Justice has found that a number of current regulations related to procedures for acquiring/reclaiming Vietnamese nationality have not really created conditions for the Vietnamese community abroad to obtain Vietnamese nationality while still retaining foreign nationality; and have not attracted many high-quality human resources to contribute to the development of the country.

The Ministry of Justice stated that the study to amend and supplement a number of articles of the Law on Vietnamese Nationality, including loosening the policy on obtaining/returning Vietnamese nationality, aims to promptly and fully institutionalize the Party's guidelines and policies on overseas Vietnamese affairs, creating more favorable conditions for foreigners and overseas Vietnamese communities to return to the country to invest, produce, do business, promote the development of science and technology, innovation and digital transformation, etc. Thereby, contributing to attracting high-quality human resources to contribute to the country's development in the new era.

The draft amended Law abolishes specific provisions in Points a, b, c, d, đ and e, Clause 1, Article 23 of the Law on Vietnamese Nationality regarding cases of resumption of nationality. Accordingly, any case of losing Vietnamese nationality and applying for resumption of Vietnamese nationality can be considered for resumption of Vietnamese nationality. The name of this Article is amended to “Conditions for resumption of Vietnamese nationality” to be consistent with the content of the provisions.

Along with that, Clause 5, Article 23 of the Law on Vietnamese Nationality is amended and supplemented to remove the provision "People who are allowed to regain Vietnamese nationality must renounce their foreign nationality" and the provision on "special cases of being granted Vietnamese nationality and retaining foreign nationality". Instead, the draft Law assigns the Government to specify cases of requesting to regain Vietnamese nationality while still retaining foreign nationality with two conditions. First, the retention of the foreign nationality of that person when acquiring Vietnamese nationality is in accordance with the laws of that foreign country. Second, the person applying to regain Vietnamese nationality must not use the foreign nationality to harm the rights and legitimate interests of agencies, organizations and individuals; or to infringe upon the security, national interests, social order and safety of the Socialist Republic of Vietnam.

Regarding the procedures for applying for Vietnamese nationality, the draft amended Law stipulates the conditions for obtaining Vietnamese nationality to create favorable conditions for cases where the father or mother or paternal or maternal grandparents are Vietnamese citizens; foreign investors, scientists, experts, etc. to obtain Vietnamese nationality.

Specifically, amend the provisions in Clause 1, Article 19 in the direction that minors whose father or mother is a Vietnamese citizen do not need to meet the condition of "having full civil act capacity". Amend and supplement the provisions in Clause 2, Article 19 in the direction that applicants for Vietnamese nationality, if their father or mother or paternal or maternal grandparents are Vietnamese citizens; have made special contributions to the cause of building and defending the Vietnamese Fatherland or are beneficial to the Socialist Republic of Vietnam, are exempted from the conditions specified in Points c, d, dd, e, Clause 1, Article 19 of the draft Law.

These cases are allowed to submit documents at Vietnamese representative agencies abroad without having to return to the country for permanent residence. Vietnamese representative agencies abroad are responsible for examining and transferring documents along with recommendations on handling applications for entry/re-entry/renunciation of Vietnamese nationality to the Ministry of Justice (not through the Ministry of Foreign Affairs) to ensure the reduction of administrative procedure processing.

According to the Ministry of Justice, because the draft Law stipulates in the direction of "relaxing" the regulations allowing the acquisition or re-acquisition of Vietnamese nationality while still retaining foreign nationality, it is necessary to add the regulation: "Vietnamese citizens who also have foreign nationality when exercising the rights to run for election, be recruited for positions, work in State apparatus organizations, socio-political organizations, and participate in the armed forces of the Socialist Republic of Vietnam must renounce their foreign nationality and must permanently reside in Vietnam".

Source: https://thoidai.com.vn/bo-tu-phap-de-xuat-noi-long-quy-dinh-ve-nhap-quoc-tich-tro-lai-quoc-tich-viet-nam-212389.html