Reacquisition of Vietnamese Nationality: 6 Mandatory Conditions for Overseas Vietnamese and the Option for Dual Citizenship (2025 Update)

Is the Decision to Renounce Citizenship Permanent?
My name is Nguyen Tommy. I renounced my Vietnamese citizenship to acquire U.S. citizenship in the 1960s. Now, in my later years, I wish to return to my homeland for permanent residence. Am I eligible to reacquire Vietnamese nationality? More critically, can I retain my U.S. citizenship?
I am Tran Anna, an Overseas Vietnamese who married and settled in the U.K., renouncing my Vietnamese nationality in 2001. I now wish to return and reacquire my Vietnamese citizenship. Am I eligible for state approval to restore my nationality? If so, what documentation and procedures are required? Furthermore, if granted Vietnamese nationality, must I renounce my British citizenship?
These are shared concerns for many Overseas Vietnamese who either voluntarily renounced or were compelled to relinquish their Vietnamese citizenship in the past. After dedicating years to building a life abroad, does the desire to return to the homeland necessarily entail forsaking the life and status established overseas? Or is the option for dual citizenship still available?

The answer is: YES!
Overseas Vietnamese who have previously renounced their citizenship are ABSOLUTELY eligible to apply for reacquisition of Vietnamese nationality. This process is meticulously regulated under Article 23 of the Law on Vietnamese Nationality 2008 (as amended and supplemented) and is contingent upon meeting specific criteria. This article, compiled by Legal Counsel at An Law Vietnam, will guide you through the steps required to restore your civic rights and evaluate your eligibility for dual citizenship status.

Contents

6 MANDATORY Conditions for Reacquiring Vietnamese Nationality (Article 23)

Under current legislation, individuals who have lost Vietnamese nationality (including those who renounced it) and submit an application for reacquisition shall be considered if they fall under one of the following categories. The reacquisition must not be detrimental to the national interests of Vietnam.

No.	Circumstance for Consideration of Reacquisition	Legal Basis (Clause 1, Article 23)
1	Applying for repatriation to reside in Vietnam.	Article 23.1.a
2	Having a spouse, natural father, natural mother, or natural child who is a Vietnamese citizen.	Article 23.1.b
3	Having made special contributions to the cause of building and defending the Socialist Republic of Vietnam.	Article 23.1.c
4	Being beneficial to the Socialist Republic of Vietnam (State interests).	Article 23.1.d
5	Having made investments in Vietnam.	Article 23.1.đ
6	Having renounced Vietnamese nationality to acquire a foreign nationality, but was subsequently denied that foreign nationality.	Article 23.1.e

Special Note: Individuals who were stripped of their Vietnamese nationality may only be considered for reacquisition after a minimum of 5 years from the date the stripping decision was issued.

Mandatory Renunciation of Foreign Citizenship? 3 Exceptions for Dual Status

This is the central point of interest for many Viet Kieu. In principle, individuals granted reacquisition of Vietnamese nationality must renounce their foreign citizenship.
However, the law permits 3 special exceptions where the President of Vietnam may consider and approve the retention of dual citizenship (no renunciation of foreign citizenship required):

Circumstance for RETAINING DUAL CITIZENSHIP (No Foreign Renunciation Required)	Necessary Conditions
1. Family Ties/Relationship	Being the spouse, natural father, natural mother, or natural child of a Vietnamese citizen.
2. Special Contributions	Having made special contributions to the cause of building and defending the Fatherland.
3. State Benefit	Being beneficial to the Socialist Republic of Vietnam.

Additional Mandatory Criteria: Beyond fitting into one of the three exceptions above, the applicant must also:

The retention of the foreign nationality must be consistent with the laws of that country.
The applicant must commit not to use the foreign nationality to infringe upon the security or national interests of Vietnam.

Mr. Tommy’s Case (U.S. Citizenship Holder): If he meets one of the three dual citizenship exceptions (e.g., having a natural child who is a Vietnamese citizen) and is approved by the President, he will not be required to renounce his U.S. citizenship. Conversely, if he does not meet these criteria, he must proceed with the foreign renunciation procedure.

Detailed Guidance on Documentation and Procedure for Reacquisition

The procedure for reacquiring Vietnamese nationality demands meticulous documentation and traverses multiple levels of review.
Required Application Dossier
The dossier (03 sets) must include the following principal documents (Referencing Article 24 of the Law on Nationality and Decree 191/2025/ND-CP):

Application Form for Reacquisition of Vietnamese Nationality.
Curriculum Vitae.
Certified copies of the Birth Certificate, Passport or other valid substitute documents.
Documentation evidencing prior Vietnamese nationality (e.g., official papers confirming renunciation/stripping of Vietnamese nationality, old Vietnamese Passport).
Documentation proving eligibility for reacquisition (e.g., family relationship papers, investment certificates).
Criminal Record Check (Phiếu Lý lịch tư pháp) issued by the competent foreign authority for the duration of residence abroad (must be issued within 90 days of submission).
If applying for dual citizenship, supplement with: Documentation from the foreign authority confirming the retention of foreign nationality is permissible under their laws, and a Commitment Letter not to violate Vietnamese national interests.

Documentation Note: Documents issued by foreign authorities must be Consular Legalized and translated into Vietnamese with the translator’s signature certified (unless exempted).

Submission Channels and Processing Sequence
Place of Submission:

Residing domestically: Submission to the Department of Justice (Sở Tư pháp) of the province/city of residence.
Residing abroad: Submission to the Vietnamese Representative Agency abroad (Embassy/Consulate) in the country of residence.

Processing Sequence (Summary):

Authority Level	Responsibility and Timeline
Department of Justice / Representative Agency	Receive and appraise the dossier (5 working days).
Provincial Public Security	Verify the personal background of the applicant (20 days).
Provincial People’s Committee Chairman	Review, conclude, and submit recommendations to the Ministry of Justice (5 working days).
Ministry of Justice	Review the dossier and report to the Prime Minister. If foreign renunciation required: Notify the applicant to proceed with foreign renunciation. If dual citizenship requested: Report directly to the Prime Minister for presidential review (15 days).
The President of Vietnam	Review and issue the Decision granting Reacquisition of Vietnamese Nationality (20 days).

Application Fee: 2,500,000 VND.

Legal Consequences of Reacquiring Nationality: Rights and Obligations

Upon the President’s decision to grant reacquisition of Vietnamese nationality, the Overseas Vietnamese is officially recognized as a Vietnamese citizen, entitled to full rights and bound by corresponding obligations under the Constitution and laws of Vietnam.
Absolute Rights Granted
The restoration of Vietnamese nationality confers legal advantages significantly greater than merely possessing a 5-year Visa Exemption Certificate or a Certificate of Vietnamese Origin:

Post-Acquisition Right	Analysis of Value
Land Ownership Rights (Housing Ownership)	The most significant right. You are treated as a domestic citizen, with the right to register, receive transfer, inherit, and own stable, long-term residential land/housing.
Permanent Visa Exemption	Entitled to enter and exit Vietnam at any time without visa application, free from temporary residence restrictions applicable to foreigners.
Civic/Political Rights	The right to vote, run for office, and engage in national political activities (upon registration of permanent or temporary residence).
Consular Protection and Legal Support	Entitled to protection by the Vietnamese State abroad through its Embassies/Consulates.

Obligations to be Fulfilled
As a Vietnamese citizen, the individual must adhere to general civic obligations, including:

Legal Obligation	Explanatory Binding
Compliance with Constitution & Laws	All activities, residence, business, and transactions in Vietnam must comply with the Vietnamese legal system.
Tax Obligations	Individuals with income generated in Vietnam (from investment, business, property transfer, etc.) must fulfill personal income tax obligations as regulated.
Military Service Obligation	Applicable to male citizens. In practice, this obligation is often waived for Viet Kieu reacquiring citizenship due to age factors, but the principle remains codified in law.

Conclusion and Contact for Expert Legal Support

The application for Reacquisition of Vietnamese Nationality is an intricate legal process demanding absolute precision in the dossier, particularly concerning past documentation and foreign criminal records checks.
For complex cases, such as those aiming to retain dual citizenship or where documentation of the renunciation is decades old, obtaining expert legal support is crucial. This support aims to significantly reduce processing time and ensure the dossier meets all prerequisites for Presidential approval.
With years of experience as a Family Law Firm – An Law Vietnam, our team of legal counsel specializes in assisting Overseas Vietnamese with matters of nationality, identity documentation, and property ownership rights.
Do you require an in-depth assessment of your legal status or comprehensive assistance with the complex procedure?
Contact us today for a professional consultation:
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📧 Email: info@anlawvietnam.com
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