Creating favorable conditions for investors and scientists to obtain Vietnamese citizenship

The highlight of the Law is to create favorable conditions for foreign investors, scientists and experts to obtain Vietnamese nationality under open conditions to attract high-quality resources.

The National Assembly voted to pass the Law amending and supplementing a number of articles of the Law on Vietnamese Nationality. (Photo: Quochoi.vn)

With the majority of delegates present voting in favor, on the morning of June 24, the 9th Session of the 15th National Assembly passed the Law amending and supplementing a number of articles of the Law on Vietnamese Nationality. The law will take effect from July 1, 2025.

Specifying the "special mechanism on naturalization"

Previously, Minister of Justice Nguyen Hai Ninh, on behalf of the Government, reported and explained and accepted the opinions of National Assembly deputies on the Law amending and supplementing a number of articles of the Law on Vietnamese Nationality.

According to him, the draft Law has amended and supplemented the provisions in Article 19 in the direction of creating favorable conditions for foreign investors, scientists , experts, etc. to obtain Vietnamese nationality under open conditions to attract high-quality resources.

Accordingly, people with special contributions to the cause of building and defending the Fatherland of Vietnam or who are beneficial to the Socialist Republic of Vietnam when applying for Vietnamese nationality (these cases are specifically regulated in Decree No. 16/2020/ND-CP) are exempted from the conditions specified in Points c, d, dd, e, Clause 1, Article 19.

At the same time, these cases are allowed to retain foreign nationality if they meet two conditions similar to the case of having relatives who are Vietnamese citizens and are permitted by the President. These cases must submit their applications to Vietnamese representative agencies abroad if they reside abroad.

In addition, in addition to inheriting the provisions of Decree 16/2020/ND-CP, the Government will continue to research and specify the "special mechanism on naturalization" stated in Resolution No. 57-NQ/TW to suit the new situation in the Decree detailing a number of articles and measures to implement the Law on Vietnamese Nationality.

In response to some opinions requesting explanations and clarifications to ensure the feasibility of the regulation on loosening the conditions for obtaining and regaining Vietnamese nationality as well as the requirements for ensuring security, order, social safety and national security. In addition, some opinions requested a review of the Civil Code, the Civil Procedure Code, the Housing Law, the Land Law, the Investment Law, the Extradition Law, the Residence Law, the Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam... related to the issue of rights and obligations of Vietnamese citizens who also have foreign nationality.

Regarding this content, according to Minister Nguyen Hai Ninh, in order to uniformly apply the law to Vietnamese citizens who also have foreign nationality, the draft Law has amended and supplemented the provisions in Clause 4, Article 5 in the direction of legalizing the provisions in Article 5 of Decree No. 16/2020/ND-CP. This is a matter of principle that the nationality laws of most countries stipulate. This provision aims to more clearly affirm the principle of one nationality in Vietnamese nationality law, while ensuring compliance with relevant regulations such as the Civil Code and the Law on Exit and Entry of Vietnamese Citizens.

Minister of Justice Nguyen Hai Ninh spoke to explain and clarify a number of issues raised by National Assembly deputies. (Photo: VNA)

Furthermore, the draft Law has stipulated that relevant ministries, branches and agencies shall review; amend and supplement according to their authority or propose competent authorities to amend and supplement legal documents with contents related to the rights and obligations of Vietnamese citizens who also have foreign nationality within 02 years from the effective date of this Law to ensure consistency and uniformity in the legal system.

Also according to Mr. Ninh, implementing the Politburo's conclusion on the draft Law, and at the same time accepting the opinions of National Assembly deputies at the discussion session in the Group and Hall, proposing to carefully consider the exception provisions for all 04 groups of subjects, especially positions in the armed forces and elected and key agencies because these are positions requiring absolute loyalty to the Fatherland, the State and the people, related to the issue of national security, the Government has revised the provisions in Clause 5, Article 5 in the direction of stipulating the principle of "must be a person with only one nationality, Vietnamese nationality, and must permanently reside in Vietnam" for the 04 groups and only stipulating exceptions for the group of civil servants and public employees (except civil servants and public employees working in the armed forces) to attract cases with outstanding talents that are beneficial to the Socialist Republic of Vietnam.

In response to the opinions of the National Assembly Standing Committee, the Government has specifically stipulated the principles of law application in cases where other laws have provisions on nationality different from those in Clauses 5 and 6 of this Article.

Specifically as follows: “Candidates, elected, approved, appointed, designated to hold positions and titles for a term in agencies of the Communist Party of Vietnam, the State, the Vietnam Fatherland Front, socio-political organizations at the central and local levels; people working in key organizations; people participating in the armed forces of the Socialist Republic of Vietnam must have only one nationality, Vietnamese nationality, and must permanently reside in Vietnam.

For civil servants and public employees not specified in Clause 5 of this Article, they must have only one nationality, Vietnamese nationality, except in cases where it is beneficial to the Socialist Republic of Vietnam, does not harm the national interests of Vietnam, and must reside permanently in Vietnam. The Government shall specify this clause in detail.

In case another law promulgated before the effective date of this Law has provisions on nationality different from the provisions in Clause 5 and Clause 6 of this Article, the provisions of this Law shall apply; in case another law promulgated after the effective date of this Law has provisions on nationality different from the provisions in Clause 5 and Clause 6 of this Article, it is necessary to specifically determine the content of implementation or non-implementation of this provision, and the content of implementation shall comply with the provisions of that other law.”

Have a suitable roadmap to cut administrative procedures

Clarifying the regulations on complaints and lawsuits related to nationality, Mr. Ninh said that accepting the opinion of the National Assembly delegate requesting clarification of the regulation that no complaints or lawsuits are allowed for decisions of state agencies related to nationality or all administrative acts related to nationality issues, the Government has revised the regulation in Clause 8 as follows: "Administrative decisions of competent state agencies of Vietnam related to Vietnamese nationality according to the provisions of this Law are not subject to complaints or lawsuits."

In practice of handling dossiers in the past, there were some cases where, although the dossier receiving agency had provided additional guidance for completion, at the time the Ministry of Justice re-examined the dossier, it still did not fully meet the prescribed conditions or the applicant for/re-re-applying for Vietnamese nationality could not provide a certificate of renunciation of foreign nationality; in some cases, the Ministry of Justice received documents from relevant agencies requesting that the dossier not be processed or not processed for security reasons.

The addition of the provision in Clause 8, Article 5, to ensure that there are no complaints or lawsuits when competent authorities of Vietnam issue decisions to refuse to resolve nationality applications in the above cases, clearly demonstrates national sovereignty at the time when the Government agency reviews the application before submitting it to the President. Recommendations and requests related to the resolution of nationality issues will still be considered and resolved by competent authorities according to regulations.

Voting results on the Law amending and supplementing a number of articles of the Law on Vietnamese Nationality. (Photo: PV/Vietnam+)

The Minister of Justice said that some National Assembly delegates suggested that there should not be a strict regulation requiring a Vietnamese name, but that it could be a Vietnamized name or that the original name of the person applying for Vietnamese nationality could be used to ensure international integration.

In response to the opinions of National Assembly deputies, the Government has revised the provisions in Clause 4, Article 19 and Clause 4, Article 23 of the Law on Vietnamese Nationality in the direction that people applying for/returning to Vietnamese nationality while also applying to retain foreign nationality can choose a name that combines their Vietnamese name and foreign name to ensure convenience for them when living and working in the countries of which they have nationality.

In addition, to meet the requirements of applying digital technology, the draft Law has added provisions in Article 39 (Government's responsibilities regarding nationality). However, the procedures for handling nationality matters (especially procedures for applying for/returning/renouncing Vietnamese nationality) are not only normal administrative procedures but also matters under national sovereignty, and the handling process may include confidential and top-secret information. Therefore, the Government believes that the reduction and simplification of administrative procedures and the application of digital technology need a roadmap, in line with the practical situation.

In response to the opinions of National Assembly deputies, the Government has amended and supplemented a number of regulations related to procedures (Clause 1, Article 20, Clause 2 and Clause 3, Article 21, Clause 1, Article 24, Clause 4, Article 25, Clause 5, Article 29, Article 41); amended and supplemented the provisions in Clause 2, Article 13 of the Law on Vietnamese Nationality in the direction that Vietnamese representative agencies abroad shall confirm Vietnamese nationality instead of determining Vietnamese nationality and issuing Vietnamese passports and assign the Government to specify in detail the procedures for confirming Vietnamese nationality. The issuance of Vietnamese passports shall be carried out in accordance with the provisions of the Law on Exit and Entry of Vietnamese Citizens.

The Government will continue to study the application of digital technology to a number of steps in the process of handling nationality dossiers during the process of comprehensively amending this Law and the process of developing a Decree detailing a number of articles and measures to implement the Law on Vietnamese Nationality./.

(Vietnam+)

Source: https://www.vietnamplus.vn/tao-dieu-kien-thuan-loi-cho-nha-dau-tu-nha-khoa-hoc-nhap-quoc-tich-viet-nam-post1045975.vnp