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VIETNAM – LEGAL ALERT: NOTABLE CHANGES IN LAW ON VIETNAMESE NATIONALITY (AMENDED)

Dr. Oliver Massmann by Dr. Oliver Massmann
July 3, 2025
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VIETNAM – LEGAL ALERT: NOTABLE CHANGES IN LAW ON VIETNAMESE NATIONALITY (AMENDED)
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On 24 June 2025, during its 9th Session, the National Assembly passed Law No. 79/2025/QH15, amending and supplementing several provisions of the Vietnamese Nationality Law (“Amended Nationality Law”). Effective from 1 July 2025, the Law introduces significant updates to the legal framework for dual nationality, broadens eligibility for naturalization in Vietnam, and streamlines citizenship application procedures. The notable new provisions of the Amended Nationality Law are:

  1. All applications to regain Vietnamese nationality will be considered

Previously, individuals who had lost Vietnamese nationality were required to meet specific conditions to regain it. This point has been changed under Article 23.1, Amended Nationality Law, any individual who has lost Vietnamese nationality can now submit an application and have their case reviewed.

Applicants must resume their former Vietnamese name. If the applicant simultaneously requests to retain their foreign nationality, they may opt for a hybrid name combining their Vietnamese and foreign names. This name must be clearly stated in the decision approving the restoration of nationality.

  1. Naturalization standard exemptions

Generally, foreigners and stateless persons can apply for Vietnamese citizenship if they have full civil capacity, comply with Vietnamese laws, respect local culture, know sufficient Vietnamese, residing in Vietnam, have resided in Vietnam for at least 5 years, and can sustain a living.

(1) Applicants married to Vietnamese, or having a biological Vietnamese child are exempted from the requirements of (i) Vietnamese language proficiency, (ii) 5 year minimum residency, and (iii) financial self-sufficiency.

(2) Applicants listed below are exempted from the requirements of (i) Vietnamese language proficiency, (ii) 5 year minimum residency, (iii) residing in Vietnam, and (iv) financial self-sufficiency.

  • Having biological Vietnamese parents, or grandparents.
  • Having significant contributions to Vietnam, or benefits to the state.
  • Being minors with a Vietnamese parent.
  1. Dual Nationality Accepted

Individuals applying for Vietnamese nationality may retain their foreign nationality if they:

  • Have a Vietnamese spouse, child, parent, or grandparent;
  • Have made significant contributions or provide benefits to Vietnam; or
  • Are minors with a Vietnamese parent.

However, retention of foreign nationality must comply with the laws of the foreign country and not harm Vietnam’s interests.

If the applicant simultaneously requests to retain their foreign nationality, they may opt for a hybrid name combining their Vietnamese and foreign names. This name must be clearly stated in the decision approving the restoration of nationality.

Further guidance will be provided in forthcoming government legal documents.

  1. Naturalization applications can now be submitted abroad

Previously, individuals applying for Vietnamese nationality had to submit their applications to the Department of Justice in the locality where they resided in Vietnam, except for those seeking to regain nationality. This has been changed under Article 1.7, Amended Nationality Law, individuals can now submit applications either to the Department of Justice if residing in Vietnam or to Vietnamese diplomatic missions abroad if residing overseas.

Within 20 days of receiving a complete application, the diplomatic mission must verify the submitted documents and forward the application along with its recommendation to the Ministry of Justice. Simultaneously, it must notify the Ministry of Foreign Affairs to coordinate in performing state management of nationality.

  1. Shortening Naturalization Application Process

In addition to streamlining naturalization applications at Vietnamese diplomatic missions, the process at the Ministry of Justice is also expedited. The overall timeline is reduced to under 10 days, as the Department of Justice now finalizes and submits the dossier to the Provincial People’s Committee Chairman within 5 working days (previously 10) after receiving verification results. The Chairman then reviews and forwards opinions to the Ministry of Justice within 5 working days (down from 10).

Effective 1 July 2025, the Amended Nationality Law mandates that all applications for naturalization, restoration, or renunciation of Vietnamese nationality submitted before such date will be processed under the new law’s provisions, facilitating a smoother and more convenient application process for applicants in line with the updated regulations.

***

Please do not hesitate to contact Dr. Oliver Massmann at [email protected] if you have any questions on the above or if you wish to regain your Vietnamese nationality.  Dr. Oliver Massmann is the General Director of Duane Morris Vietnam LLC.

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Dr. Oliver Massmann is an International Attorney at Law and a Financial Accountant and Auditor.

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