Luật Quốc tịch Việt Nam sửa đổi 2025

LAW

ON Amendments to certain Articles of the Law on Vietnamese Nationality

Pursuant to Constitution of the Socialist Republic of Vietnam amended by Resolution No. 203/2025/QH15;

The National Assembly hereby promulgates the Law on amendments to certain articles of the Law on Vietnamese Nationality No. 24/2008/QH12 which is amended by Law No. 56/2014/QH13.

Article 1. Amendments to certain Articles of the Law on Vietnamese Nationality

1. Amendments to Clauses 4 and addition of clauses 5, 6, 7 and 8 to after Clause 4 Article 5:

“4. Within the territory of Vietnam, the Socialist Republic of Vietnam only recognizes Vietnamese nationality for Vietnamese citizens who also hold foreign nationality in relation to the competent authorities of Vietnam, except in cases where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise. The rights and responsibilities of Vietnamese citizens who also hold foreign nationality and reside abroad shall comply with relevant laws.

5. Candidates, individuals elected, approved or appointed to hold positions and titles for a term in the agencies of the Communist Party of Vietnam, the State, the Vietnam Fatherland Front, and social-political organizations at the central and local levels; individuals working in cryptographic organizations; and those participating in the armed forces of the Socialist Republic of Vietnam must be individuals holding only Vietnamese nationality and must reside permanently in Vietnam.

6. Civil servants and public employees not specified in Clause 5 of this Article must be individuals holding only Vietnamese nationality, except in cases that are beneficial to the Socialist Republic of Vietnam, do not harm the national interests of Vietnam, and must reside permanently in Vietnam. The Government of Vietnam shall elaborate this clause.

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8. The administrative decisions of the competent state authorities of Vietnam regarding Vietnamese nationality in accordance with this Law shall not be subject to complaints or lawsuits.”.

2. Amendments to certain Clauses of Article 11:

a) Amendments to Clause 2:

“2. Old-style ID card; citizen ID card; ID card; electronic ID card;”;

b) Amendments to Clause 4 and addition of Clause 5 to after Clause 4:

“4. Decisions on granting Vietnamese nationality; Decisions on reinstating Vietnamese nationality; Decisions on recognizing the adoption of foreign children; Decisions on allowing foreigners to adopt Vietnamese children;

5. Other documents as prescribed by the Government.”.

3. Amendments to Clause 2 and addition of Clause 3 to after Clause 2 Article 13:

“2. Vietnamese citizens residing abroad who have not lost their Vietnamese nationality according to the laws of Vietnam prior to the effective date of this Law shall retain their Vietnamese nationality.

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3. The Government shall regulate the procedures for confirming Vietnamese nationality.”.

4. Amendments to Clause 2 of Article 16:

“2. A child born to one Vietnamese citizen parent and one foreign citizen parent shall have Vietnamese nationality if the parents agree to choose Vietnamese nationality for their child when carrying out the birth registration procedure at the competent authority of Vietnam in accordance with the guidelines of the Government. In the case where a child is born on the territory of Vietnam and the parents cannot reach an agreement on the choice of nationality for their child, that child shall have Vietnamese nationality.

5. Amendments to Article 19:

“Article 19. Eligibility conditions for acquiring Vietnamese nationality

1. Foreign nationals and stateless persons who apply for Vietnamese nationality may be granted Vietnamese nationality if they satisfy the following conditions:

a) Possess full civil legal capacity according to the provisions of Vietnamese law, except for cases involving minors applying for Vietnamese nationality through their father or mother, or minors whose father or mother is a Vietnamese citizen;

b) Comply with the Constitution and laws of Vietnam; respect the culture, traditions, customs, and practices of the Vietnamese people;

c) Be proficient in Vietnamese enough to integrate into the Vietnamese community;

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dd) Have the period of residence in Vietnam of five years or more up to the time of application for Vietnamese nationality;

e) Have a capacity to ensure a livelihood in Vietnam.

2. An individual applying for Vietnamese nationality who has a spouse or child that is a Vietnamese citizen may obtain Vietnamese nationality without having to meet the conditions set out in points c, d, and e of clause 1 of this Article.

3. An individual applying for Vietnamese nationality who fall under one of the following cases may obtain Vietnamese nationality without having to meet the conditions set out in points c, d, dd and e of clause 1 of this Article:

a) Have a biological father or mother or maternal grandfather and grandmother or paternal grandfather and grandmother who are citizens of Vietnam;

b) Have made special contributions to the cause of building and protecting the Fatherland of Vietnam;

c) Be beneficial to the Socialist Republic of Vietnam;

d) Be a minor applying for Vietnamese nationality through their father or mother.

4. An applicant for Vietnamese nationality must have a name in Vietnamese or in another ethnic language of Vietnam. In the case where an applicant for Vietnamese nationality simultaneously requests to retain their foreign nationality, they may choose a combined name that includes both their Vietnamese name and their foreign name. The name shall be chosen by the applicant for Vietnamese nationality and clearly stated in the Decision to grant Vietnamese nationality.

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6. Applicants for Vietnamese nationality stipulated in clauses 2 and 3 of this Article may retain their foreign nationality if they meet the following conditions and are granted permission by the President of the State:

a) The retention of foreign nationality complies with the laws of such countries;

b) They do not use foreign nationality to harm the lawful rights and interests of agencies, organizations or individuals, or to infringe upon the security, national interests, order, and social safety of the Socialist Republic of Vietnam.

7. The Government of Vietnam shall elaborate this Article.”.

6. Amendments of certain points and clauses of Article 20:

a) Amendments to Point d Clause 1:

“d) Documentation proving the information on the criminal record issued by a competent authority of a foreign country shall comply with the laws of that country regarding the duration of the applicant's residence abroad before applying for Vietnamese nationality. Documentation proving the information on the criminal record shall be issued within 90 days before the date of submission;”;

b) Amendments to Clause 2:

“2. Individuals who are exempt from certain conditions for Vietnamese nationality as stipulated in Clause 2 and Clause 3 of Article 19 of this Law shall be exempt from the corresponding documents required for those conditions.”.

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a) Amendments to clause 1 and clause 2; and addition of clause 2a to after Clause 2:

“1. An applicant for Vietnamese nationality must submit their application to the Department of Justice if he/she is residing in Vietnam, or to the Vietnamese representative mission in the host country if he/she is residing abroad. In cases where the application does not contain all the documents specified in Clause 1, Article 20 of this Law or is invalid, the receiving authority shall send a notification immediately for the applicant to supplement and complete the application.

2. Within 5 working days from the date of receiving a complete and valid application, the Department of Justice shall send a written request to the provincial police authority to verify the personal background of the applicant.

Within 30 days from the date of receiving the request from the Department of Justice, the provincial police authority is responsible for verifying and sending the results to the Department of Justice. During this time, the Department of Justice must conduct a verification of the documents in the application for Vietnamese nationality.

Within 5 working days from the receipt of the verification results, the Department of Justice is responsible for completing a dossier and submitting it to the Chairperson of the Provincial People's Committee.

Within 5 working days from the date of receiving the request from the Department of Justice, the Chairperson of the Provincial People's Committee is responsible for reviewing, concluding, and proposing opinions to be sent to the Ministry of Justice.

2a. Within 20 days from the receipt of a complete and valid application, the overseas Vietnamese representative mission is responsible for verifying the documents in the application for Vietnamese nationality and forwarding the application along with proposals regarding the request for Vietnamese nationality to the Ministry of Justice; simultaneously, the representative mission shall send information to the Ministry of Foreign Affairs to coordinate the implementation of state management of nationality.

The Ministry of Public Security is responsible for verifying the personal details of applicants for Vietnamese nationality at the request of the Ministry of Justice.”;

b) Amendments to Clause 3:

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Within 10 working days from the receipt of the certificate of renunciation of the foreign nationality of the applicant for Vietnamese nationality, the Minister of Justice shall report to the Prime Minister to present to the President for consideration and decision.

In cases where an applicant for Vietnamese nationality requests to retain their foreign nationality, and the applicant is a stateless person, within 20 days from the receipt of the proposal from the Chairperson of the provincial People’s Committee or the verification results from the Ministry of Public Security regarding the application sent by the overseas Vietnamese representative mission, the Ministry of Justice is responsible for re-examining the application. If it is determined that the applicant for Vietnamese nationality meets the necessary conditions, the Ministry of Justice shall report to the Prime Minister for submission to the President for consideration and decision.”.

8. Amendments to the title and several clauses of Article 23:

a) Amendments to the title of the Article:

“Article 23. Eligibility conditions for reinstatement of Vietnamese nationality”;

b) Amendments to Clause 1:

“1. Individuals who have lost their Vietnamese nationality according to the provisions of Article 26 of this Law and submit an application for reinstatement of Vietnamese nationality shall be considered.”;

c) Amendments to Clauses 4, 5 and 6:

“4. Applicants for reinstatement of Vietnamese nationality must adopt their previous Vietnamese name. In the case where an applicant for reinstatement of Vietnamese nationality simultaneously requests to retain their foreign nationality, they may choose a combined name that includes both their Vietnamese name and their foreign name. This name must be clearly stated in the decision to reinstate Vietnamese nationality.

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a) The retention of foreign nationality complies with the laws of such countries;

b) They do not use foreign nationality to harm the lawful rights and interests of agencies, organizations or individuals, or to infringe upon the security, national interests, order, and social safety of the Socialist Republic of Vietnam.

6. The Government of Vietnam shall elaborate this Article.”.

9. Amendment and annulment of several points of clause 1 of Article 24:

a) Amendments to Point d:

“d) Documentation proving the information on the criminal record issued by a competent authority of a foreign country complies with the laws of that country regarding the duration of the applicant's residence abroad before applying for reinstatement of Vietnamese nationality. Documentation proving the information on the criminal record shall be issued within 90 days before the date of submission;”;

b) Annulment of point e.

10. Amendments to Clauses 3 and 4 Article 25:

“3. Within 20 days from the receipt of a complete and valid application, the overseas Vietnamese representative mission is responsible for verifying the documents in the application for reinstatement of Vietnamese nationality and forwarding the application along with proposals regarding the request for reinstatement of Vietnamese nationality to the Ministry of Justice; simultaneously, the representative mission shall send information to the Ministry of Foreign Affairs to coordinate the implementation of state management of nationality.

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4. Within 20 days from the receipt of the proposal from the Chairperson of the provincial People's Committee or from the receipt of the verification results from the Ministry of Public Security regarding the application submitted by the overseas Vietnamese representative mission, the Ministry of Justice is responsible for re-examining the application. If it is determined that the conditions for reinstatement of Vietnamese nationality are met, a written notification shall be sent to the applicant for reinstatement of Vietnamese nationality to proceed with the procedures for renouncing their foreign nationality, except in cases where the applicant for reinstatement of Vietnamese nationality requests to retain their foreign nationality or is stateless.

Within 10 working days from the receipt of the certificate of renunciation of the foreign nationality of the applicant for reinstatement of Vietnamese nationality, the Minister of Justice shall report to the Prime Minister to present to the President for consideration and decision.

In cases where an applicant for reinstatement of Vietnamese nationality requests to retain their foreign nationality, and the applicant is a stateless person, within 15 days from the receipt of the proposal from the Chairperson of the provincial People’s Committee or the verification results from the Ministry of Public Security regarding the application sent by the overseas Vietnamese representative mission, the Ministry of Justice is responsible for re-examining the application. If it is determined that the applicant for reinstatement of Vietnamese nationality meets the necessary conditions, the Ministry of Justice shall report to the Prime Minister for submission to the President for consideration and decision.”.

11. Addition of Clause 2a to after Clause 2 of Article 26:

“2a. The decision to grant Vietnamese nationality and the decision to reinstate Vietnamese nationality have been revoked.”.

12. Amendment and annulment of several points and clauses of Article 28:

a) Amendments to Point e Clause 1:

“e) A certificate of tax compliance issued by the tax authority in the area where the applicant for renunciation of Vietnamese nationality resides.

b) Annulment of point d clause 1;

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“2. In cases where Vietnamese citizens who do not reside permanently in the country, they are not required to submit the documents specified in points e and g of clause 1 of this Article.”.

13. Amendments to Clauses 4 and 5 Article 29:

“4. Within 20 days from the receipt of a complete and valid application, the overseas Vietnamese representative mission is responsible for verifying the documents in the application for renunciation of Vietnamese nationality and forwarding the application along with proposals regarding the request for renunciation of Vietnamese nationality to the Ministry of Justice; simultaneously, the representative mission shall send information to the Ministry of Foreign Affairs to coordinate the implementation of state management of nationality.

The Ministry of Public Security is responsible for verifying the personal details of applicants for renunciation of Vietnamese nationality at the request of the Ministry of Justice. For cases that are exempt from verification under the provisions of this Law, the Ministry of Justice recommends that the Ministry of Public Security conduct verification when necessary.

5. Within 20 days from the receipt of the proposal from the Chairperson of the provincial People’s Committee or the overseas Vietnamese representative mission, or from the receipt of the verification results from the Ministry of Public Security in cases requiring identity verification, the Ministry of Justice is responsible for re-examining the application. If it is determined that the applicant for renunciation of Vietnamese nationality meets the necessary conditions, the Ministry of Justice shall report to the Prime Minister for submission to the President for consideration and decision.”.

“Section 4

Cancelation of decisions to grant Vietnamese nationality and decisions to reinstate Vietnamese nationality”.

15. Amendments to Article 33 and Article 34:

“Article 33. Basis for cancelation of decisions to grant Vietnamese nationality and decisions to reinstate Vietnamese nationality

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a) Intentionally declaring, assuring inaccuracies, or falsifying documents when applying for Vietnamese nationality or for reinstatement of Vietnamese nationality;

b) Taking advantage of the granted, reinstated or retained Vietnamese nationality to harm the lawful rights and interests of agencies, organizations or individuals, or to infringe upon the security, national interests, order, and social safety of the Socialist Republic of Vietnam.

2. The cancellation of the decision to grant Vietnamese nationality or the decision to reinstate Vietnamese nationality for a spouse, does not alter the Vietnamese nationality of the other party.

Article 34. Procedures for cancelation of decisions to grant Vietnamese nationality and decisions to reinstate Vietnamese nationality

1. Within 15 days from the date of discovery or receipt of complaints regarding the acts specified in Clause 1, Article 33 of this Law, the provincial People's Committee and the overseas Vietnamese representative mission are responsible for verifying the information. If there is sufficient evidence, they shall prepare a petition for the President to cancel the decision to grant Vietnamese nationality or the decision to reinstate Vietnamese citizenship of the perpetrator.

The court that has adjudicated against the defendant who committed the act specified in Clause 1, Article 33 of this Law shall submit a petition for the President to cancel the decision to grant Vietnamese nationality or decision to reinstate Vietnamese nationality of the individual involved.

The Government shall elaborate documents included in the petition for cancellation of decision to grant Vietnamese nationality and decisions to reinstate Vietnamese nationality.

2. The petition for cancellation of a decision to grant Vietnamese nationality or a decision to reinstate Vietnamese nationality shall be sent to the Ministry of Justice.

Within 15 days from the receipt of the petition from the provincial People's Committee or the overseas Vietnamese representative mission or from the Court, the Ministry of Justice is responsible for verifying the petition and reporting to the Prime Minister for proposing to the President for consideration and decision.

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16. Amendments to Clause 1 and addition of Clause 1a to after Clause 1 Article 35:

“1. When there is a change in nationality due to the naturalization or reinstatement of Vietnamese nationality by the parents, the nationality of their minor children living with them shall also be changed in accordance with their nationality.

1a. “1. When there is a change in nationality due to the renunciation of Vietnamese nationality by the parents, the nationality of their minor children living with them shall also be changed in accordance with their nationality, unless the parents have other requests.

17. Amendments to Article 36:

“Article 36. The nationality of a minor when their parents are deprived of their Vietnamese nationality or when the decision to grant Vietnamese nationality or the decision to reinstate Vietnamese nationality is cancelled

When a parent or either of the parents is deprived of Vietnamese nationality or has the decision to grant Vietnamese nationality or the decision to reinstate Vietnamese nationality canceled, the nationality of their minor children shall remain unchanged.”.

18. Amendments to Article 38:

“Article 38. Duties and powers of the President regarding nationality

1. Decide to grant Vietnamese nationality, reinstate Vietnamese nationality, renounce Vietnamese nationality, deprive of Vietnamese nationality, and cancel Decisions to grant Vietnamese nationality, as well as Decisions to reinstate Vietnamese nationality.

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19. Amendments to Clause 2 and addition of Clause 7 to after Clause 6 Article 39:

a) Amendments to Clause 2:

“2. Negotiate and sign international treaties or propose to the President the decision on the negotiation and signing of international treaties concerning nationality in accordance with the provisions of this Law and the Law on International Treaties.”;

b) Addition of Clause 7 to after Clause 6:

“7. Based on the socio-economic conditions, demands and implementation capabilities during each period, the Government shall stipulate the resolution of nationality-related applications by electronic means.”

20. Amendments to Clauses 4 and 5 Article 40:

“4. The Provincial People's Committee is responsible for reviewing and proposing opinions on cases of applying for Vietnamese nationality, applying for reinstatement of Vietnamese nationality, applying for renunciation of Vietnamese nationality, deprivation of Vietnamese nationality, and cancelation of decisions to grant Vietnamese nationality and decisions to reinstate Vietnamese nationality in accordance with the provisions of this Law; annually, the Committee shall compile statistics on the cases resolved regarding Vietnamese nationality to report to the Ministry of Justice.

5. The overseas Vietnamese representative mission is responsible for reviewing and proposing opinions on cases of applying for Vietnamese nationality, applying for reinstatement of Vietnamese nationality, applying for renunciation of Vietnamese nationality, deprivation of Vietnamese nationality, and cancelation of decisions to grant Vietnamese nationality and decisions to reinstate Vietnamese nationality; annually, the mission shall compile statistics on the cases resolved regarding Vietnamese nationality to report to the Ministry of Foreign Affairs and the Ministry of Justice.”.

21. Amendments to Article 41:

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The Ministry of Justice is responsible for sending the results of handling nationality matters to the Provincial People's Committee or overseas Vietnamese representative mission to inform the applicants and publish them on the Ministry of Justice's website.”.

Article 2. Implementation clauses

1. This Law comes into force from July 01, 2025.

2. Ministries, ministerial agencies and relevant agencies shall review, amend and supplement within their authority or recommend competent authorities to amend or supplement legislative documents related to the rights and obligations of Vietnamese citizens who also hold foreign nationality (if any) within 02 years from the effective date of this Law.

Article 3. Transitional provisions

This Law was passed on June 24, 2025, by the XVth National Assembly of the Socialist Republic of Vietnam at its 9th session.

CHAIRPERSON OF THE NATIONAL ASSEMBLY




Tran Thanh Man