LEGAL SERVICES FOR PROCEDURE OF RESTORING VIETNAMESE NATIONALITY

The restoration of Vietnamese citizenship constitutes a welcoming policy that enables former citizens who have lost their nationality to reacquire it. This article delivers a detailed and specific consultation regarding the statutory conditions to be satisfied, the documentary evidence required, and the competent authorities designated for application submission.

1. Cases Eligible for Restoration of Vietnamese Nationality

Persons who have lost their Vietnamese nationality and apply for the restoration thereof SHALL BE CONSIDERED FOR RESOLUTION to reacquire Vietnamese nationality in the following cases:

a) Applying for repatriation to Vietnam;

b) Having a spouse, biological parent, or biological child who is a Vietnamese citizen;

c) Having made special contributions to the cause of building and defending the Vietnamese Fatherland;

d) Being beneficial to the State of the Socialist Republic of Vietnam;

e) Conducting investments in Vietnam;

f) Having renounced Vietnamese nationality in order to acquire a foreign nationality, but failed to acquire such foreign nationality.

2. Application Dossier for Restoration of Vietnamese Nationality

a) An application form for restoration of Vietnamese nationality;

b) A copy of the Birth Certificate, Passport, or other valid substitute documents;

c) A curriculum vitae (background declaration);

d) Judicial record identity documents issued by a competent foreign authority in accordance with the laws of that country, covering the period during which the applicant resided abroad. Such judicial record documents must be issued no more than 90 days prior to the date of submission;

e) Documents proving that the applicant previously held Vietnamese nationality, which include one of the following: a copy of the Birth Certificate; a copy of the Decision on permission for renunciation of Vietnamese nationality, or a Certificate of loss of Vietnamese nationality; or other documents indicating Vietnamese nationality or valid for proving the applicant’s former Vietnamese nationality, specifically as follows:

– Documents proving that the applicant was permitted by the President to renounce or was deprived of Vietnamese nationality;

– Documents issued or certified by competent Vietnamese agencies or organizations, which indicate Vietnamese nationality or are valid for proving the applicant’s former Vietnamese nationality. In cases where information regarding the former Vietnamese nationality status of the applicant can be retrieved from the Electronic Civil Status Database or the National Population Database, the receiving authority shall not require the applicant to submit the aforementioned documents.

Applicants who concurrently apply to retain their foreign nationality must provide the following:

– Documents issued by competent foreign authorities certifying that the retention of foreign nationality conforms to the laws of that country. In cases where foreign law does not provide for the issuance of such documents, the applicant must submit a written affirmation stating that the competent foreign authority does not regulate the issuance of such documents and that the application to retain foreign nationality upon restoring Vietnamese nationality complies with the laws of that foreign country;

– A written commitment not to use the foreign nationality to cause detriment to the lawful rights and interests of agencies, organizations, or individuals, or to prejudice national security, national interests, social order, and safety of the Socialist Republic of Vietnam. Applicants who concurrently apply to retain foreign nationality but fail to fully satisfy the conditions prescribed in Clause 5, Article 23 of the Law on Vietnamese Nationality must renounce their foreign nationality.

In cases where a minor child concurrently restores Vietnamese nationality with their parents:

A copy of the child’s Birth Certificate or other valid documents proving the parent-child relationship must be submitted, provided that the receiving authority cannot retrieve such relationship information from the Electronic Civil Status Database or the National Population Database.

In cases where only the father or the mother restores Vietnamese nationality and the minor child living with them also restores Vietnamese nationality accordingly, a written agreement bearing the full signatures of both parents regarding the application for the child’s restoration of nationality must be submitted. This written agreement does not require notarization of signatures; the applicant submitting the application on behalf of the child shall be held responsible for the accuracy of the other parent’s signature.

In cases where a parent is deceased, has lost their civil act capacity, or has restricted civil act capacity, the written agreement shall be substituted by documents proving that the parent is deceased, has lost civil act capacity, or has restricted civil act capacity.

Dossier Quantities:

The application dossier for restoration of Vietnamese nationality must be prepared in 03 sets to be archived at the Office of the President, the Ministry of Justice, and the processing authority, in cases where conditions and capabilities are insufficient to process the dossier electronically. In the event that the dossier is processed electronically, it shall be prepared in 01 set and archived at the processing authority. The Office of the President and the Ministry of Justice shall archive the electronic dossier in accordance with regulations.

3. Sequence and Procedures for Processing Applications for Restoration of Vietnamese Nationality

– Applicants for the restoration of Vietnamese nationality shall submit their dossiers to the Department of Justice in the locality where they reside if they are residing in Vietnam, or to a Vietnamese representative mission in the host country if they are residing abroad. In cases where a dossier is incomplete or invalid, the receiving authority shall immediately notify the applicant to supplement and complete the dossier.

– Within 5 working days from the date of receipt of a complete and valid dossier, the Department of Justice shall send a written request to the provincial-level Police Department to verify the identity of the applicant.

Within 20 days from the date of receipt of the request from the Department of Justice, the provincial-level Police Department shall be responsible for conducting the verification and sending the results to the Department of Justice. During this period, the Department of Justice must examine the documents contained in the application dossier. Within 5 working days from the date of receipt of the verification results, the Department of Justice shall be responsible for completing the dossier and submitting it to the Chairperson of the provincial-level People’s Committee.

Within 5 working days from the date of receipt of the submission from the Department of Justice, the Chairperson of the provincial-level People’s Committee shall be responsible for reviewing, concluding, and forwarding their proposal to the Ministry of Justice.

– Within 20 days from the date of receipt of a complete and valid dossier, the Vietnamese representative mission abroad shall be responsible for examining the dossier and forwarding it, together with its proposal regarding the application for restoration of Vietnamese nationality, to the Ministry of Foreign Affairs for onward transmission to the Ministry of Justice.

In case of necessity, the Ministry of Justice shall request the Ministry of Public Security to verify the identity of the applicant.

– Within 20 days from the date of receipt of the written proposal from the Chairperson of the provincial-level People’s Committee or from the Vietnamese representative mission abroad, the Ministry of Justice shall be responsible for re-examining the dossier. If the applicant is deemed to fully satisfy the conditions for restoration of Vietnamese nationality, the Ministry of Justice shall send a written notification to the applicant to perform the procedures for renouncing their foreign nationality, except where the applicant applies to retain their foreign nationality or is a stateless person.

Within 10 working days from the date of receipt of the confirmation of the applicant’s renunciation of foreign nationality, the Minister of Justice shall report to the Prime Minister for submission to the President for consideration and decision.

In cases where the applicant applies to retain their foreign nationality or is a stateless person, within 15 days from the date of receipt of the written proposal from the Chairperson of the provincial-level People’s Committee or from the Vietnamese representative mission abroad, the Ministry of Justice shall be responsible for re-examining the dossier. If the applicant is deemed to fully satisfy the conditions for restoration of Vietnamese nationality, the Ministry of Justice shall report to the Prime Minister for submission to the President for consideration and decision.

– Within 20 days from the date of receipt of the submission from the Prime Minister, the President shall consider and make a decision.

4. Vietnamese nationality restoration services by Huy Hoang Law Firm 

As a professional legal advisory firm, we provide our clients with a comprehensive, full-package consulting service, including:

– Providing full consultation on statutory regulations relevant to the procedures for the restoration of Vietnamese nationality.

– Assisting in drafting and preparing the complete components of the application dossier in strict compliance with regulations.

– Acting as the authorized representative to handle any issues or contingencies arising during the application process.

– Supporting clients in completing and perfecting documents that are not readily available.

– Advising clients on solutions and directions for dossier handling in the event that the dossier requires supplements, amendments, or corrections.

If you require further information or assistance, please do not hesitate to contact Huy Hoàng Law Firm for detailed consultation. We hope this article on VIETNAMESE NATIONALITY RESTORATION SERVICES has provided you with a clearer insight into the procedures, and we look forward to the opportunity to assist and advise you on this matter in the future.

Huy Hoang Law Firm

📞 Telephone: +84 944 580 222
📧 Email: tuvan@luathuyhoang.vn
🌐 Website: https://luathuyhoang.vn/
🏢 Address: 2nd Floor, LK05 – Urban Area 54, Alley 85 Ha Dinh Street,
Thanh Xuan Trung Ward, Thanh Xuan District, Hanoi, Vietnam