Conditions for Vietnamese Citizenship for the Spouse of a Foreigner

Question: I am currently living in Ho Chi Minh City and would like to sponsor my husband, who is a Singaporean citizen, to apply for Vietnamese citizenship. Does he need to be a permanent resident in Vietnam? What is the procedure and which authority handles this?

Lawyer's Answer:

According to Article 19 of the 2008 Law on Vietnamese Nationality, foreign nationals and stateless individuals who are permanent residents in Vietnam may apply for citizenship if they meet the following conditions:

1. Have full civil legal capacity as per Vietnamese law.
2. Abide by the Constitution and laws of Vietnam; respect the traditions, customs, and practices of the Vietnamese people.
3. Have sufficient knowledge of Vietnamese to integrate into the community.
4. Have resided in Vietnam for at least 5 years prior to applying for citizenship.
5. Have the ability to support themselves in Vietnam.

However, foreign nationals may be exempt from conditions c, d, and e if they fall into one of the following categories:

• Are the spouse, biological parent, or biological child of a Vietnamese citizen.
• Have made significant contributions to the cause of building and defending the country.
• Have special interests for the Vietnamese State.

Since your husband is the spouse of a Vietnamese citizen, he does not need to be a permanent resident to apply for Vietnamese citizenship.

Documents for Vietnamese Citizenship Application

According to Article 20 of the 2008 Law on Vietnamese Nationality, the documents required for applying for Vietnamese citizenship include:

1. Application for Vietnamese citizenship.
2. A copy of the birth certificate, passport, or equivalent documents.
3. A personal history form.
4. A criminal record check (issued no more than 90 days prior to submitting the application).
5. Documents proving proficiency in Vietnamese.
6. Documents proving residence and duration of permanent residence in Vietnam.
7. Documents proving the ability to support oneself in Vietnam.

You need to submit these documents to the Department of Justice in your place of residence, which in your case is the Department of Justice of Ho Chi Minh City. If the documents are incomplete or invalid, the Department of Justice will notify you to provide additional information.

Application Processing Procedure

• Within 5 working days after receiving a complete application, the Department of Justice will send a request to the Ho Chi Minh City Police Department to verify your husband's background..
• The police will have 30 days to conduct the verification and send the results back to the Department of Justice..
• The Department of Justice will have 10 working days to finalize the application and submit it to the Chairman of the Ho Chi Minh City People's Committee.
• The Chairman of the Ho Chi Minh City People's Committee will have 10 days to review and forward the proposal to the Ministry of Justice.
• The Ministry of Justice will examine and process the application within 20 days before submitting it to the Prime Minister and the President for final consideration.

The entire process of applying for citizenship can take 115 to 125 days from the submission of a valid application.

What is a Permanent Resident?

A permanent resident is someone who has long-term residence status in a country where they are not a citizen. A permanent resident visa grants certain rights, such as the ability to live, work, and study in that country, but does not provide full citizenship rights (e.g., the right to vote).

In your husband's case, permanent residency is not a mandatory requirement for applying for Vietnamese citizenship if he is the spouse of a Vietnamese citizen.