1. Candidates and elected officials must hold only Vietnamese nationality and reside permanently in Vietnam

On the morning of June 24, under the chairmanship of Vice Chairman of the National Assembly Nguyen Khac Dinh, the National Assembly voted to pass the Law amending and supplementing a number of articles of the Law on Vietnamese Nationality, with 416/416 National Assembly deputies voting in favor, reaching 100%.

2. The Law amending and supplementing a number of articles of the Law on Vietnamese Nationality consists of 3 Articles.

Accordingly, clause 4 is amended and supplemented, and clauses 5, 6, 7, and 8 are added after clause 4 of Article 5 as follows:

“4. Within the territory of Vietnam, the Socialist Republic of Vietnam recognizes only Vietnamese nationality for Vietnamese citizens who also hold foreign nationality in interaction with competent Vietnamese authorities, except where international treaties to which the Socialist Republic of Vietnam is a member provide otherwise. The rights and obligations of Vietnamese citizens who also hold foreign nationality and are residing abroad shall be implemented in accordance with relevant legal regulations.

5. Persons who are nominated, elected, approved, appointed, or designated to hold term-based positions or titles in agencies of the Communist Party of Vietnam, the State, the Vietnam Fatherland Front, socio-political organizations at the central and local levels; persons working in cipher organizations; and members of the armed forces of the Socialist Republic of Vietnam must hold only Vietnamese nationality and must reside permanently in Vietnam.

6. Civil servants and public employees not subject to the provisions of clause 5 of this Article must hold only Vietnamese nationality, except in cases beneficial to the Socialist Republic of Vietnam, not harmful to the national interests of Vietnam, and they must reside permanently in Vietnam. The Government shall provide detailed regulations for this clause.

7. In cases where other laws enacted before the effective date of this Law contain provisions on nationality that differ from those provided in clauses 5 and 6 of this Article, the provisions of this Law shall apply; In cases where other laws enacted after the effective date of this Law contain provisions on nationality that differ from those provided in clauses 5 and 6 of this Article, the specific content to be implemented or not implemented according to these provisions, and the content to be implemented according to that other laws, must be determined.

8. Administrative decisions of competent Vietnamese state agencies related to Vietnamese nationality in accordance with this Law shall not be subject to complaints or lawsuits."

Clause 2 is amended and supplemented, and clause 3 is added after Clause 2 of Article 13 as follows:

"2. Vietnamese people residing abroad who have not lost their Vietnamese nationality according to Vietnamese law before the effective date of this Law shall still retain Vietnamese nationality.

Vietnamese people residing abroad who have not lost Vietnamese nationality but do not have documents proving their Vietnamese nationality as stipulated in Article 11 of this Law may request Vietnamese representative agencies abroad to confirm their Vietnamese nationality.

3. The Government shall specify the order and procedures for confirmation of Vietnamese nationality."

3. "Easing" of naturalization regulations

Previously, while presenting the Report on the explanation, acquisition, and revision of the draft Law amending and supplementing a number of articles of the Law on Vietnamese Nationality, Minister of Justice Nguyen Hai Ninh stated that, through groups discussions and plenary session, most opinions agreed with the need to enact the Law promptly to resolve difficulties and inadequacies of the current Law on Vietnamese Nationality, thereby contributing to attracting high-quality human resources for national development.

The policies in the draft Law will also contribute to creating a competitive advantage for Vietnam compared to other countries in attracting labor, especially high-quality labor.

The current Law on Nationality stipulates that individuals applying for Vietnamese nationality must meet many strict conditions under Article 19.

The draft Law has amended and supplemented the provisions of Article 19 to create favorable conditions for foreign investors, scientists, and experts… to be naturalized in Vietnam with more open conditions to attract high-quality resources.

Accordingly, individuals with special merits contributing to the cause of building and defending the Vietnamese Fatherland or who are beneficial to the Socialist Republic of Vietnam when applying for Vietnamese nationality (these cases are specifically regulated in Decree No. 16/2020/ND-CP) are exempted from the conditions specified in points c, d, đ, e clause 1, Article 19.

At the same time, these individuals may retain their foreign nationality if they meet two conditions similar to cases where they have relatives who are Vietnamese citizens and are permitted by the President. These individuals can submit their applications to Vietnamese representative agencies abroad if they reside abroad.

Furthermore, in addition to inheriting the provisions of Decree 16/2020/ND-CP, the Government will continue to research and concretize the "special mechanism for naturalization" mentioned in Resolution No. 57-NQ/TW to suit the new situation in the Decree detailing a number of articles and implementation measures  of the Law on Vietnamese Nationality.

4. No strict requirement for Vietnamese names

Regarding the relationship between the State and citizens, Minister of Justice Nguyen Hai Ninh stated that Article 5 of the law stipulates: Persons who are nominated, elected, approved, appointed, or designated to hold term-based positions or titles in agencies of the Communist Party of Vietnam, the State, the Vietnam Fatherland Front, socio-political organizations at the central and local levels; persons working in cipher organizations; and members of the armed forces of the Socialist Republic of Vietnam must hold only Vietnamese nationality and must reside permanently in Vietnam.

Civil servants and public employees not subject to the above provisions must hold only Vietnamese nationality, except in cases beneficial to the Socialist Republic of Vietnam, not harmful to the national interests of Vietnam, and they must reside permanently in Vietnam. The Government shall provide detailed regulations for this clause.

In case where other laws enacted before the effective date of this law contain provisions on nationality that differ from those provided in clauses 5 and 6 of this Article, the provisions of this law shall apply; in case other laws enacted after the effective date of this law contain provisions on nationality that differ from those provided in clauses 5 and 6 of this Article, the specific content to be implemented or not implemented according to these provisions, and the content to be implemented according to that other laws, must be determined.

Some National Assembly deputies suggested that there should not be a strict requirement for a Vietnamese name, but rather that a Vietnamized name or the original name of the person applying for Vietnamese nationality could be accepted to ensure international integration.

Receiving feedback from National Assembly deputies, the Government has revised the provisions in clause 4 of Article 19 and clause 4 of Article 23 of the Law on Vietnamese Nationality to allow individuals applying for naturalization/re-acquisition of Vietnamese nationality while also wishing to retain foreign nationality to choose a combined name, consisting of both a Vietnamese name and a foreign name to facilitate their lives and work in countries where they hold citizenship.

5. Research and application of Digital technology in nationality application processing

Some National Assembly deputies suggested that the drafting agency research further to maximize the simplification of relevant administrative procedures, especially the digitalization of administrative procedures.

Minister of Justice Nguyen Hai Ninh stated that to meet the requirements of digital technology application, the draft Law has added provisions in Article 39 (Responsibilities of the Government regarding nationality).

The Government believes that cutting and simplifying administrative procedures and applying digital technology require a roadmap consistent with the practical situation.

Receiving feedback from National Assembly deputies, the Government has amended and supplemented a number of provisions related to order and procedures (clause 1 Article 20, clauses 2 and 3 Article 21, clause 1 Article 24, clause 4 Article 25, clause 5 Article 29, Article 41); amended and supplemented the provision in clause 2 Article 13 of Law on Vietnamese Nationality to the effect that: Vietnamese representative agencies abroad shall confirm Vietnamese nationality instead of determining Vietnamese nationality and issuing Vietnamese passports, and assign the Government to specify the order and procedures for confirming Vietnamese nationality.

The issuance of Vietnamese passports shall be carried out in accordance with the Law on Exit and Entry of Vietnamese Citizens.

The Government will continue to research and apply digital technology to some steps in the nationality application processing during the comprehensive amendment of this Law and the process of drafting the Decree detailing a number of articles and implementation measures of Law on Vietnamese Nationality.