Why is it easier for Dang Van Lam to obtain Vietnamese nationality than Filip Nguyen under law of Vietnam?

Date: 31 August 2021

Writers: Huy Nguyen & Quang Nguyen

In recent years, Vietnamese’s men football has been getting many achievements on the continental field. Those successes are due to the great efforts of the players, especially the contribution of an overseas Vietnamese goalkeeper named Dang Van Lam. In addition, to prepare for the upcoming international important tournaments and to complete the squad, the Vietnam football federation is trying to find other good players. One of the brightest candidates is a Vietnamese-origin goalkeeper with Czech nationality, Filip Nguyen. With the mind towards his homeland, Filip Nguyen often shows that he wants to naturalize in Vietnam to contribute to the national team. However, while Dang Van Lam has obtained Vietnam nationality, Filip Nguyen’s naturalization process is troublesome and encounters many obstacles, procedures. BLawyers Vietnam presents to you regulations for obtaining Vietnamese nationality through the example of the goalies mentioned above.

1. Conditions for naturalization in Vietnam

By law, the conditions for a person to obtain naturalization in Vietnam include:

  1. Knowing Vietnamese enough to integrate into the Vietnamese community, including the ability to listen, speak, read and write in Vietnamese suitable to the living and working environment of the applicant for Vietnamese naturalization;
  2. Having resided in Vietnam for 5 years or more by the time of application for naturalization and has been granted a Permanent Residence Card by the competent police agencies of Vietnam. The duration of permanent residence in Vietnam of an applicant for Vietnamese naturalization is counted from the date he/she is granted a Permanent Residence Card;
  3. Having the ability to secure life in Vietnam as proved by the person’s property, lawful income source, or the guarantee of an organization or individual in Vietnam; and
  4. Other conditions as prescribed by law.

In addition, there are some special cases where a person applying for naturalization is still able to obtain Vietnamese nationality even though he/ she does not meet the above conditions, including:

  1. Being the wife, husband, natural father, mother, or natural child of a Vietnamese citizen;
  2. Having special merits for contributing to the construction and protection of Vietnam; and
  3. Being beneficial to the State of the Socialist Republic of Vietnam.

2. Filip Nguyen’s difficulties in obtaining Vietnamese naturalization

Dang Van Lam returned to Vietnam when he was young and has close relatives living in Vietnam. Therefore, Dang Van Lam easily meets the conditions of languages, of applying for a Permanent Residence Card and having a guarantor in Vietnam.

In contrast, despite having a Vietnamese father, Filip Nguyen has lived far from his father and settled in the Czech Republic since childhood. This leads to difficulties in meeting the conditions of language, applying for a Permanent Residence Card, and having a guarantor in Vietnam.

Besides, under the law, the applicant for Vietnamese naturalization must directly submit the dossier at the Department of Justice, where he or she resides and cannot authorize a representative. However, due to the Covid-19 epidemic, Vietnam temporarily stopped operating international commercial flights, making traveling to directly submit naturalization documents and solve residency problems is also a big problem for Filip Nguyen.

Should you have any questions about the above contents, please revert to BLawyers Vietnam at consult@blawyersvn.com. We are more than happy to hear from you!

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