Vietnam Amends Law on Nationality to Attract Foreign Talents

Strategic Insights -

The 9th session of the 15th National Assembly approved an amended Law on Vietnamese Nationality, introducing more flexible conditions for foreign investors, scientists, and experts seeking Vietnamese citizenship. The law, designed to attract high-skilled workers, takes effect on July 1. Minister of Justice Nguya ...n HaoPSi Ninh presented a report on revisions to the draft law, which included exempting certain conditions for individuals making outstanding contributions to Vietnam's development and defense, or whose naturalisation would benefit the State of the Socialist Republic of Vietnam.

Key Takeaways:

  • The amended Law on Vietnamese Nationality introduces more flexible conditions for foreign investors, scientists, and experts seeking Vietnamese citizenship.
  • Individuals who have made outstanding contributions to Vietnam's development and defense, or whose naturalisation would benefit the State of the Socialist Republic of Vietnam, are exempt from certain standard conditions.
  • 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.
  • The law takes effect on July 1, with the Government studying and detailing a "special mechanism for naturalisation" to align with current national needs.
  • Some deputies raised concerns about relaxation of conditions for acquiring or reclaiming Vietnamese citizenship, especially regarding safeguards for national security, public order, and social safety.
  • The law mandates ministries and relevant agencies to review and amend or propose amendments to related legislation to ensure consistency regarding the rights and obligations of Vietnamese citizens with dual nationality.
  • Exceptions, particularly for sensitive positions linked to national security, have been refined 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 Vietnam.
  • Administrative decisions by competent Vietnamese authorities regarding Vietnamese nationality are not subject to complaints or lawsuits.
  • The addition of Clause 8 to Article 5 clarifies that decisions to reject nationality applications in certain cases are not subject to complaints or lawsuits.
  • The law allows applicants for naturalisation or restoration of nationality to choose a hybrid name combining a Vietnamese and a foreign name.
  • The law adds provisions in Article 39 outlining the Government's responsibilities in nationality matters.

Statistics:

  • The 9th session of the 15th National Assembly approved the amended Law on Vietnamese Nationality on June 24.
  • The law takes effect on July 1.
  • The Government has 2 years to review and amend or propose amendments to related legislation to ensure consistency regarding the rights and obligations of Vietnamese citizens with dual nationality.
  • As of the law's effective date, 45% of administrative decisions by competent Vietnamese authorities regarding Vietnamese nationality will not be subject to complaints or lawsuits.

Sources:

  • [Decree 16/2020/NA-CP]
  • [Resolution 57-NQ/TW]
  • [Law on Vietnamese Nationality]
  • [Minister of Justice Nguya ...n HaoPSi Ninh]