Expanding conditions for Vietnamese nationality, promoting national reconciliation policy

The Law amending and supplementing a number of articles of the Law on Vietnamese Nationality was passed by the 15th National Assembly on June 24, 2025. On July 1, 2025, the Government issued Decree No. 191/2025/ND-CP detailing a number of articles and measures to organize and guide the implementation of the Law on Vietnamese Nationality; the Ministry of Justice issued Circular No. 12/2025/TT-BTP dated July 1, 2025, promulgating and guiding the use and management of nationality book forms and nationality document forms. These documents all take effect from July 1, 2025.

The National Assembly voted to pass the Law amending and supplementing a number of articles of the Law on Vietnamese Nationality on the morning of June 24, 2025. Photo: Doan Tan/VNA

Clarifying the new points of the Law amending and supplementing a number of articles of the Law on Vietnamese Nationality, Ms. Vo Thi Hanh, Department of Administrative Justice, Ministry of Justice said: The amendment and supplement of a number of articles of the Law on Vietnamese Nationality, including "loosening" the policy for entering/returning to Vietnamese nationality and simplifying administrative procedures in the field of nationality, aims to continue to promptly and fully institutionalize the Party's policies and the State's laws on overseas Vietnamese affairs, creating more favorable conditions for foreigners and the overseas Vietnamese community 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 strengthening the great solidarity bloc, promoting the policy of national harmony and attracting high-quality human resources to contribute to the development of the country in the new era.

Expanding conditions for Vietnamese citizenship

Regarding the conditions for obtaining Vietnamese nationality, the Law stipulates that applicants for Vietnamese nationality whose spouse or biological children are Vietnamese citizens can obtain Vietnamese nationality without having to meet the following conditions: knowing Vietnamese enough to integrate into the Vietnamese community; having resided in Vietnam for 5 years or more up to the time of applying for Vietnamese nationality; and having the ability to ensure a living in Vietnam.

A person applying for Vietnamese nationality falls into one of the following cases: Having a biological father or mother or paternal and maternal grandparents who are Vietnamese citizens; having special contributions to the cause of building and defending the Vietnamese Fatherland; being beneficial to the Socialist Republic of Vietnam; a minor applying for Vietnamese nationality according to his or her father or mother can be granted Vietnamese nationality, without the following conditions: knowing Vietnamese; being a permanent resident in Vietnam; having a permanent residence in Vietnam of 5 years or more; being able to ensure a living in Vietnam...

Previously, according to the provisions of Article 19 of the 2008 Law on Vietnamese Nationality (amended in 2014), cases exempted from some conditions for naturalization regarding knowledge of Vietnamese language, residence in Vietnam for 5 years or more and ability to ensure living conditions only included spouses, biological fathers, biological mothers or biological children of Vietnamese citizens, cases with special contributions to the cause of building and defending the Vietnamese Fatherland or beneficial to the State of the Socialist Republic of Vietnam. The previous policy mainly focused on direct blood relations and marriage (father, mother, children, wife/husband) and some special cases, not yet extended to the generation of grandparents and minors applying for Vietnamese nationality according to their fathers and mothers.

According to previous regulations, people applying for Vietnamese nationality were required to have a Vietnamese name, which was chosen by the applicant and clearly stated in the Decision on naturalization. The Law on Vietnamese Nationality (amended and supplemented in 2025) allows people applying for Vietnamese nationality and at the same time applying to retain foreign nationality to choose a name that is a combination of Vietnamese and foreign names. This regulation aims to ensure convenience for cases of applying for/returning to Vietnamese nationality and at the same time retaining foreign nationality when living and working in countries of which the person has nationality.

A person applying for Vietnamese nationality has a wife or husband or biological child or biological father or biological mother or paternal and maternal grandparents who are Vietnamese citizens; has made special contributions to the cause of building and defending the Vietnamese Fatherland; is beneficial to the State of Vietnam; a minor applying for Vietnamese nationality with his or her father or mother may retain his or her foreign nationality if he or she meets the following conditions: Retaining foreign nationality is in accordance with the laws of that country; does not use foreign nationality to harm the rights and legitimate interests of agencies, organizations, individuals, or to infringe upon the security, national interests, social order and safety of the State of Vietnam and is permitted by the President .

This is one of the most important changes of the Law on Vietnamese Nationality (amended and supplemented in 2025) compared to previous regulations. According to previous regulations, naturalization must meet strict conditions (being a permanent resident in Vietnam, a person applying for Vietnamese nationality while simultaneously holding a foreign nationality must prove that the renunciation of foreign nationality affects the person's rights abroad, has made special contributions to the cause of building and defending the Vietnamese Fatherland and is beneficial to the Socialist Republic of Vietnam...).

The new regulation in Article 19 allows cases where the biological father or mother or paternal or maternal grandparents are Vietnamese citizens; foreign investors, scientists, and experts to acquire Vietnamese nationality under flexible conditions (exempted from conditions of permanent residence in Vietnam, knowing Vietnamese and being able to ensure a living in Vietnam). In addition, cases where the spouse/child, father, mother, paternal or maternal grandparents are Vietnamese citizens, have made special contributions to the cause of building and defending the Vietnamese Fatherland, and are beneficial to the Socialist Republic of Vietnam, can retain their foreign nationality when acquiring Vietnamese nationality if they meet the above two conditions and are permitted by the President. This regulation aims to continue to promptly and fully institutionalize the Party's policies and the State's laws on work with overseas Vietnamese, creating more favorable conditions for foreigners and the overseas Vietnamese community.

The viewpoint of the Law on amending and supplementing a number of articles of the Law on Vietnamese Nationality is to continue to maintain the principle of one Vietnamese nationality. Therefore, according to the provisions of Clause 6, Article 19, Clause 5, Article 23 of the Law on Vietnamese Nationality, one of the conditions that a person applying for/returning Vietnamese nationality and simultaneously applying to retain foreign nationality must satisfy is that the retention of foreign nationality must comply with the law of that country. In cases where the law of the country of which they are a citizen follows the principle of multiple nationality, does not require foreign citizens to renounce their nationality when applying for citizenship of that country, and does not stipulate the automatic loss of nationality when acquiring foreign nationality, then the person's application to retain foreign nationality is appropriate.

All cases of requesting to regain Vietnamese nationality will be considered and resolved.

According to the previous provisions of Article 23 of the 2008 Law on Vietnamese Nationality, the restoration of nationality only applies to a number of specific cases such as: requesting repatriation; having a wife, husband, father, mother, or child who is a Vietnamese citizen; having special merit; being beneficial to the State; making investments in Vietnam; or having renounced Vietnamese nationality to acquire foreign nationality but not being allowed to acquire foreign nationality. The Law on Vietnamese Nationality (amended and supplemented in 2025) does not specifically stipulate cases of restoration of Vietnamese nationality. Thus, all cases of losing Vietnamese nationality and applying for restoration of Vietnamese nationality can be considered for restoration of Vietnamese nationality.

A person applying to regain Vietnamese nationality must take back their previous Vietnamese name. In case a person applying to regain Vietnamese nationality also applies to retain foreign nationality, they can choose a name that combines their Vietnamese name and their foreign name. This name must be clearly stated in the Decision to restore Vietnamese nationality.

A person applying to regain Vietnamese nationality may retain foreign nationality if he/she meets two conditions: Retaining foreign nationality is in accordance with the laws of that country; not using foreign nationality to harm the legitimate rights and interests of agencies, organizations, individuals, infringe upon the security, national interests, social order and safety of the Socialist Republic of Vietnam and is permitted by the President.

People who are allowed to regain their Vietnamese nationality must take back their previous Vietnamese name and, in principle, must renounce their foreign nationality, except in some special cases permitted by the President.

The Law amending and supplementing a number of articles of the Law on Vietnamese Nationality also contributes to reforming administrative procedures and shortening the time to process naturalization applications at the Department of Justice.

Previously, applicants for Vietnamese nationality had to submit their application to the Department of Justice where they resided in Vietnam according to Clause 1, Article 21 of the 2008 Law on Nationality (except for cases of applying for re-entry to nationality). However, according to the new regulation in Clause 7, Article 1 of the 2025 amended Law on Nationality, applicants for Vietnamese nationality can submit their application to the Department of Justice if residing in the country and to the Vietnamese representative agency in the host country if residing abroad...

In addition, the Law supplements regulations on the nationality of children and changes in nationality of minors; on the relationship between the State and citizens in some cases in Article 5 of the Law on Vietnamese Nationality; on documents proving Vietnamese nationality...

Source: https://baotintuc.vn/chinh-sach-va-cuoc-song/mo-rong-dieu-kien-nhap-quoc-tich-viet-nam-thuc-day-chinh-sach-hoa-hop-dan-toc-20250925122905036.htm