Recently, many individuals having both Vietnamese nationality and another such as American, Australian, Cyprus… attract great public attention. The question is whether dual citizenship is recognized in Vietnam?
Today, it is not uncommon for individuals to hold dual citizenship. Being a recognised citizen of a country has many advantages when they do business or live in such country. Vietnamese investors who are going to live abroad want to know whether multiple citizenship is recognized in Vietnam? The issues related to nationality are very important to overseas Vietnamese, especially for those having dual citizenship.
What are multiple/dual citizenship?
The nationality reflects the cohesive relationship between individuals and the specific State, giving rise to the rights and obligations of such citizens that regulated in the law of the State. Nationality is sustainable in nature from birth and only changes in some cases, subject to certain conditions.
Dual citizenship or multiple citizenship is the legal status of a person who has citizenship in two countries at the same time, subject to the recognision of the countries’ law. He/she is entitled to all the legal rights and obligations granted by the countries of which they are holding its nationality.
The benefits of multiple/dual citizenship
A large majority of countries today accept dual citizenship for immigrants. Having two or more nationalities is very important to the Vietnamese who are going to settle abroad. Most Vietnamese want the State of Vietnam to recognize dual or multiple citizenship, including both Vietnamese nationality and foreign nationality, especially developed countries such as the USA, Australia, Canada… Therefore, amendment to the Law on Vietnamese Nationality promulgated on November 13, 2008, brings joy to Vietnamese residing abroad because they still retain their Vietnamese nationality.
Dual citizens will enjoy the economic, political, welfare privileges and rights offered by the countries of which they are recognized as citizens. They have the right to live, study and work, enjoy health care, own a company in their own name, own and purchase of real estate, sponsor relatives, vote and stand for election, conduct a business, establish their own company in the country they live… Another advantage, they are not required to apply for a visa or permanent residence card in case they want to enter and exit the country where they are holding its citizenship. Even if they encounter some unexpected incident, they will receive support and protection from ambassadors of the countries of which they are holding citizenship.
More specifically, if they are recognized as citizens of European countries, they have the right to freedom of movement to more than 160 EU countries without visa application. Their children will also enjoy the world’s most advanced education system in Europe as well as tuition-free for public school from grade 1 to 12…
Can a Vietnamese citizen have dual citizenship?
Article 4 of the Law on Vietnamese Nationality stipulates the principle of nationality: “The State of the Socialist Republic of Vietnam recognizes that Vietnamese citizens have a sole nationality, Vietnamese nationality, unless it is otherwise provided for by this Law“.
Thus, in principle, Vietnamese citizens have a sole nationality, Vietnamese nationality. However, in case it is otherwise provided for by the law, Vietnamese citizens still have right of holding multiple nationalities.
What are the circumstances?
The four circumstances in which Vietnamese citizens can possess dual citizenship as follows:
- Overseas Vietnamese who still remain their Vietnamese nationality. According to Clause 2, Article 13 of 2018 Law on Vietnamese Nationality stipulates: Overseas Vietnamese who have not yet lost Vietnamese nationality prescribed by Vietnamese law before the July 01, 2009 retain their Vietnamese nationality.
- Persons naturalized in Vietnam without having to renounce their foreign nationality. According to Clause 3, Article 19 of 2018 Law on Vietnamese Nationality and Article 9 of Decree 16/2020/ND-CP stipulates: persons are naturalized in Vietnam without having to renounce their foreign nationality if:
- Be spouses, natural parents or natural offsprings of Vietnamese citizens; or
- Have made meritorious contributions to Vietnam’s national construction and defense; or
- Be beneficial to the State of the Socialist Republic of Vietnam;
And satisfied all of the below conditions:
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- Meet all the conditions for naturalization in Vietnam prescribed by 2018 Law on Vietnamese Nationality.
- The application for permission for retention of foreign citizenship upon naturalization in Vietnam is compliant with the law of the concerned foreign country.
- The renunciation of their foreign citizenship might affect their interests in the concerned foreign country.
- Do not use the foreign citizenship to cause harms to lawful rights and interests of agencies, organizations and individuals or infringe upon national security and interests and social order and safety of the State of the Socialist Republic of Vietnam.
- Persons permitted to restore Vietnamese nationality without having to renounce their foreign nationality. According to Clause 5, Article 23 of 2018 Law on Vietnamese Nationality and Article 14 of Decree 16/2020/ND-CP stipulates: Persons permitted to restore Vietnamese nationality without having to renounce their foreign nationality in the following cases:
- Be spouses, natural parents or natural offsprings of Vietnamese citizens; or
- Have made meritorious contributions to Vietnam’s national construction and defense; or
- Be beneficial to the State of the Socialist Republic of Viet Nam;
And satisfied all of the below conditions:
-
- Meet the conditions for restoration of Vietnamese citizenship under 2018 Law on Vietnamese Citizenship.
- The retention of their foreign citizenship while having Vietnamese citizenship restored is compliant with the law on the foreign country of which they hold citizenship.
- The renunciation of their foreign citizenship might affect their interests in the country of which they hold citizenship.
- Do not use the foreign citizenship to cause harms to lawful rights and interests of agencies, organizations and individuals or infringe upon national security and interests and social order and safety of the State of the Socialist Republic of Vietnam.
- Vietnamese children are adopted by foreigners. According to Article 37 of the 2008 Law on Nationality of Vietnam: A child who is a Vietnamese citizen and adopted by a foreigner will retain his/her Vietnamese nationality.
Note for people having multiple/dual citizenship
- It is compulsory to use passport of the country of which you are holding nationality to enter and exit that country; and use it flexibly in accordance with the destination country.
- When moving to other countries, it depends on other countries’s policy on border management, you have to use their passports appropriately.
For example, using an Australian passport to enter Japan because visa is not required, while a Vietnamese passport needs a visa. Or using a Vietnamese passport to enter Indonesia because of visa exemption, while Australian passports needs a visa. Therefore, it is not always convenient to hold American, Australian or British passports. Vietnamese passport is quite convenient when traveling between ASEAN countries.
- It is not required to apply for a visa to enter the country of which you are holding citizenship. Citizens of a country is not required to apply for a visa to enter and exit their country.
- It is recommended to bring all your passports with you when traveling to any country. It helps you to get support and protection from ambassadors or consulates if necessary or in case of emergency events.
Please contact us for more detailed instructions: letran@familylawyers.vn .
