National Assembly passes amended law on Vietnamese nationality to attract foreign talent

The amended law introduces more flexible conditions for foreign investors, scientists and experts seeking Vietnamese citizenship.

Viet Nam News

Viet Nam News

         

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The National Assembly deputies vote to pass the law amending and supplementing a number of articles of the Law on Vietnamese Nationality. PHOTO: COLLECTED/VIET NAM NEWS

June 25, 2025

HANOI – With the overwhelming support of its deputies, the 9th session of the 15th National Assembly (NA) on June 24 approved the amended Law on Vietnamese Nationality, which introduces more flexible conditions for foreign investors, scientists and experts seeking Vietnamese citizenship.

The law is designed to attract highly skilled workers and will take effect on July 1.

Ahead of the vote, Minister of Justice Nguyễn Hải Ninh presented a report on revisions to the draft law. Under the new provisions, individuals who have made outstanding contributions to Việt Nam’s development and defence, or whose naturalisation would benefit the State of the Socialist Republic of Việt Nam as already detailed in Decree 16/2020/NĐ-CP, are exempt from certain standard conditions, including requirements related to residency duration, language proficiency and self-sufficiency.

In addition, these individuals will be allowed to retain their foreign nationality under conditions similar to those applied to applicants with Vietnamese relatives, provided they obtain approval from the President. Applicants living abroad may submit their documents through Việt Nam’s overseas diplomatic missions.

Aside from retaining key provisions in Decree 16/2020/NĐ-CP, the Government will further study and detail a “special mechanism for naturalisation” as outlined in Resolution 57-NQ/TW, ensuring it aligns with current national needs.

Some deputies raised concerns about the feasibility of relaxing conditions for acquiring or reclaiming Vietnamese citizenship, especially regarding safeguards for national security, public order and social safety. They also suggested reviewing related legislation, including the Civil Code, Civil Procedure Code, Housing Law, Land Law, Investment Law, Extradition Law, Residence Law and laws on immigration to ensure consistency regarding the rights and obligations of Vietnamese citizens holding dual nationality.

Responding to these points, Minister Ninh noted that the law amends Article 5 to codify the principles already set out in Decree 16/2020/NĐ-CP, reaffirming Việt Nam’s constitutional principle of single nationality, in line with the practice of most countries.

The law also mandates that ministries and relevant agencies review and, within two years of the law’s effective date, amend or propose amendments to any legal documents related to the rights and obligations of Vietnamese citizens with dual nationality, to ensure consistency across the legal system.

As for exceptions, particularly for sensitive positions linked to national security, Minister Ninh emphasised the need for caution. The Government has refined Clause 5 of Article 5 to stipulate that individuals serving in the armed forces, cryptographic organisations or holding positions in the Party, State, mass organisations or elected bodies at all levels must hold only Vietnamese nationality and have permanent residence in Việt Nam.

This applies to those nominated, elected, approved, appointed or designated to positions with fixed terms in the Communist Party of Việt Nam, the State, the Việt Nam Fatherland Front, political-social organisations at central and local levels, as well as those working in cryptographic agencies and members of Việt Nam’s armed forces.

Streamlining administrative procedures

Addressing the issue of complaints related to nationality decisions, Minister Ninh stated that the Government has revised Clause 8 of Article 5 to clarify that administrative decisions by competent Vietnamese authorities regarding Vietnamese nationality, as stipulated by this law, are not subject to complaints or lawsuits.

Ninh explained that in practice, there have been cases where applicants, despite receiving guidance from agencies to supplement their documents, failed to meet the necessary legal conditions by the time the Ministry of Justice conducted its review. This includes instances where applicants for naturalisation or restoration of Vietnamese nationality could not provide certification of renunciation of their foreign nationality, or where other agencies requested that cases not be resolved due to national security concerns.

The addition of Clause 8 to Article 5 is intended to ensure that decisions to reject nationality applications in such cases are not subject to complaints or lawsuits, thereby upholding Việt Nam’s sovereignty at the stage when the Government reviews applications prior to submission to the President.

However, any petitions or proposals related to nationality matters will still be considered and resolved by competent authorities in accordance with the law.

Ninh also noted that some NA deputies suggested that applicants should not be strictly required to adopt fully Vietnamese names, and should be allowed to use Vietnamese names or retain their original names to better support international integration.

The Government has incorporated this feedback by revising Clause 4 of Article 19 and Clause 4 of Article 23 of the Law on Vietnamese Nationality, allowing applicants for naturalisation or restoration of nationality who also wish to retain their foreign nationality to choose a hybrid name combining a Vietnamese and a foreign name, facilitating their lives and work in both countries of citizenship.

In response to the need for digital transformation, the law adds provisions in Article 39 outlining the Government’s responsibilities in nationality matters. However, Ninh emphasised that procedures related to nationality (especially those for naturalisation, restoration or renunciation) are not just ordinary administrative procedures, but matters of national sovereignty. Therefore, the simplification and digitalisation of these procedures must follow a prudent, phased approach.

The Government will continue to study ways to apply digital technology to certain stages of the nationality application process during the comprehensive revision of this law and in the development of the forthcoming decree detailing the implementation of the Law on Vietnamese Nationality.

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