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Official Gazette

Friday, November 15, 2019

Expat naturalization, permanent residence in Vietnam

Updated: 08:39’ - 10/11/2019
I am from China and married to a Vietnamese woman. We got married in China two years ago. My wife has returned to Vietnam. What should I do to be naturalized in Vietnam if I wish to reside and work in the country?

In order to be naturalized or permanently reside in Vietnam, you have to complete certain procedures in the following order:

First, you have to apply for a visa to enter Vietnam.

You may apply for a visa for visiting relatives. For that, your wife has to carry out the procedures for standing surety for you at the provincial-level immigration office of the locality where she resides by preparing a dossier which must comprise:

(i) A written surety for you to enter Vietnam (made according to Form NA3 provided in Circular 04/2015/TT-BCA, which provides document forms for entry, exit and residence of foreigners in Vietnam (Circular 04/2015/TT-BCA);

(ii) A notarized copy of your wife’s personal identification paper, identity card or passport; and,

(iii) A certified copy of the marriage certificate or another document proving the marriage relationship between you and your wife.

Within five working days after receiving a valid and complete dossier, the immigration office will consider and send a reply permitting or refusing your entry in the country.

Then, you have to prepare and directly submit to a China-based Vietnamese diplomatic mission or a Vietnamese international border gate a visa application dossier which must comprise:

(i) A Vietnamese visa application form (made according to Form NA1 provided in Circular 04/2015/TT-BCA);

(ii) Two recently taken photos sized 4cm x 6cm, on white background, front view, bare head and without sunglasses (one to be stuck on the form and the other left loose);

(iii) Your passport, for information check; and,

(iv) The original or copy of the aforesaid reply from the immigration office.

Once having completed the above procedures, you will be granted a TT visa with a validity period of up to 12 months for the declared purposes of entry.

A Vietnamese-Chinese couple__Photo: Internet
 

Second, you have to apply for a temporary residence card.

Immigration offices will grant temporary residence certification to foreigners on entry by appending a seal to their visas or passports. As you may hold a TT visa, your temporary residence period must not exceed 12 months while the grant of your temporary residence card may be considered. To be considered for grant of such card, you have to submit to the immigration office of the locality where you wish to reside a dossier which must comprise:

(i) A written surety for grant of temporary residence card (made according to Form NA7 provided in Circular
04/2015/TT-BCA) which must be filled in by your wife and certified by the chief of the public security office of the locality where your wife is residing permanently;

(ii) A declaration form for a temporary residence card filled in by yourself (made according to Form NA8 provided in Circular 04/2015/TT-BCA);

(iii) Two recently taken photos sized 2cm x 3cm on white background, front view, bare head and without sunglasses (one to be stuck on the form and the other left loose);

(iv) Your passport; and,

(iv) A certified copy of the marriage certificate or another document proving the marriage relationship between you and your wife.

Within five working days after receiving a valid and complete dossier, the immigration office will consider granting you a temporary residence card. Thias card will be valid for up to three years and may be considered for extension.

Third, you have to register for grant of a permanent residence card.

In order to reside permanently in Vietnam and be eligible for naturalization in Vietnam, you have to apply for a permanent residence card, which has the same validity duration as a visa. To obtain such card, you need to satisfy the following requirements:

(i) Being guaranteed by your wife who is a Vietnamese citizen permanently residing in Vietnam;

(ii) Having a lawful place of residence and stable income to ensure your livelihood in Vietnam; and,

(iii) Having been temporarily residing in Vietnam for at least three years during the latest four years counting to the date of permanent residence application. Such period will be calculated based on certification seals of entry or exit at Vietnamese border gates.

If fully satisfying the above requirements, you may submit a dossier of application for a permanent residence card to the immigration office under the provincial-level Public Security Department of the locality where you wish to permanently reside. Such dossier must comprise:

(i) A written surety for your permanent residence in Vietnam (made according to Form NA11 provided in Circular 04/2015/TT-BCA);

(ii) An application form for permanent residence status (made according to Form NA12 provided in Circular No. 04/2015/TT-BCA);

(iii) Three recently taken photos sized 2 cm x 3 cm on white background, front view, bare head and without sunglasses (one to be stuck on the form and two others left loose);

(iv) Your criminal record certificate issued by a competent authority of China, which must be consularly legalized and enclosed with notarized Vietnamese translations;

(v) A diplomatic note from a Vietnam-based Chinese diplomatic mission, requesting the competent authority to permit your permanent residence in Vietnam;

(vi) A certified copy of your passport;

(vii) Paper(s) proving your lawful place of residence, such as house rent contract or your wife’s house ownership certificate;

(viii) Paper(s) proving your stable income, such as your labor contract or certification of your bank account balance; and,

(ix) A certified copy of the marriage certificate or another document proving the marriage relationship between you and your wife.

After having completed all the above procedures, you may apply for naturalization in Vietnam.

You may be permitted for naturalization in Vietnam if satisfying the following conditions:

(i) Having the full civil act capacity as prescribed by Vietnam’s law;

(ii) Abiding by the Constitution and laws of Vietnam; respecting the traditions, customs and practices of the Vietnamese nation;

(iii) Having a permanent residence card and residing permanently in Vietnam;

(iv) Having chosen a Vietnamese name;

(v) Ensuring that your naturalization is not likely to cause harms to Vietnam’s national interests; and,

(vi) Having to have your foreign citizenship renounced. You are not required to do so if the President of the Socialist Republic of Vietnam allows you to retain your foreign citizenship.

After getting a permanent residence card, you may apply for naturalization in Vietnam. You have to prepare and submit a dossier to the provincial-level Justice Department under the provincial-level People’s Committee of the locality where you wish to reside. Such dossier must comprise:

(i) An application for naturalization in Vietnam (made according to Form TP/QT-2010-DXNQT.1 provided in Circular 08/2010/TT-BTP);

(ii) A copy of your birth certificate or passport or another paper proving your Chinese citizenship, which must be consularly legalized, translated into Vietnamese and notarized;

(iii) A personal resume;

(iv) A criminal record certificate issued by a Vietnamese authority, for your periods of temporary and permanent residence in Vietnam;

(v) A criminal record certificate issued by a Chinese authority, for the period you reside in your country. Such certificate must be issued within 90 days before the submission of the dossier and consularly legalized, translated into Vietnamese and notarized;

(vi) A notarized copy of your permanent residence card; and,

(vii) A certified copy of the marriage certificate or another document proving the marriage relationship between you and your wife.

Within 55 working days after receiving your valid dossier, the Ministry of Justice will notify you of whether you are permitted for naturalization in Vietnam or not. If seeing that all the conditions for your naturalization in Vietnam are met, the Ministry of Justice will send you a notice for carrying out the procedures for having your Chinese citizenship renounced, except where you wish to retain your Chinese citizenship and the Vietnamese President so permits. Within 40 days after you complete the procedures for renunciation of Chinese citizenship and submit all required documents to the Ministry of Justice, the President will consider and decide to permit your naturalization in Vietnam.- (VLLF)
 

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