Draft decree provides relaxed conditions for dual citizenship

The draft decree guiding the Law Revising the Law on Vietnamese Nationality is expected to ease conditions for retaining foreign citizenship in naturalization and citizenship restoration cases.

The Ministry of Justice (MOJ) has released a draft decree guiding the implementation of the Law Revising the Law on Vietnamese Nationality. The draft decree, expected to replace Decree 16 of 2020, introduces several new guidelines aimed at facilitating the process for individuals who seek to be naturalized in Vietnam or restore their Vietnamese citizenship.

A key highlight of the draft is the proposed relaxation of conditions for retaining foreign citizenship when applying for naturalization or restoration of Vietnamese nationality.

As provided in the Law Revising the Law on Vietnamese Nationality, a person whose spouse or biological child is a Vietnamese national may be allowed to retain his/her foreign citizenship if satisfying two conditions: (i) the retention of foreign citizenship complies with the law of the foreign country, and (ii) the retention does not infringe upon the lawful rights and interests of any organization or individual in Vietnam, does not threaten national security, public order and social safety, and is approved by the President of Vietnam.

In line with the approach of the Law, the draft decree introduces flexible provisions for cases where the laws of the foreign countries do not require documents to prove that the retention of foreign citizenship is permissible under foreign laws. In such case, the applicant may submit a sworn statement confirming that such documentation is not provided under the law of the concerned foreign country and that the citizenship retention is consistent with the law of the foreign country.

The draft also broadens the range of individuals eligible for retaining dual citizenship, placing emphasis on those with outstanding talents or contributions to Vietnam. In particular, technology, innovation and national digital transformation have been added as areas considered beneficial to the country in assessing the eligibility for naturalization in Vietnam or having Vietnamese citizenship restored.

With regard to the citizenship of a child whose parents are Vietnamese nationals, the draft provides clearer guidance to remove ambiguities in practice. Specifically, the parents may choose Vietnamese citizenship for their child, even if the child’s birth has been registered abroad and the child holds a foreign citizenship. If the parents cannot reach an agreement on the child’s citizenship, either of them may submit a sworn statement confirming that no agreement was reached and assume full responsibility for the accuracy of such declaration.- (VLLF)