Question: I am a Vietnamese citizen currently working in Canada and have completed the procedures for obtaining Canadian citizenship. However, I have not yet renounced my Vietnamese citizenship. Since my wife and children still reside in Vietnam, I will frequently stay there temporarily while working in Canada. I would like to ask what procedures I need to follow in order to return to Vietnam in my case, and whether I am required to renounce my Canadian citizenship.
Answer
Based on the information you have provided, we offer the following preliminary advice:
1. Do you need to apply for the restoration of Vietnamese citizenship in your case?
According to the Law on Vietnamese Nationality, an individual is required to apply for the restoration of Vietnamese nationality only if they have lost, been deprived of, or renounced their Vietnamese nationality. If you have not renounced your Vietnamese nationality and do not fall under any of these cases, you do not need to apply for the restoration of Vietnamese nationality. In this case, you only need to apply for a Certificate of Vietnamese Nationality.
Legal basis: Articles 23 and 26 of the 2008 Law on Vietnamese Nationality
2. Conditions for Retaining Foreign Nationality When Applying for the Restoration of Vietnamese Nationality
According to Articles 23 and 26 of the 2008 Law on Vietnamese Nationality, individuals applying for the restoration of Vietnamese nationality are generally required to renounce their foreign nationality. However, in certain special cases, if approved by the President, they may be allowed to retain their foreign nationality while restoring their Vietnamese nationality. These cases include:
a) Being the spouse, biological parent, or biological child of a Vietnamese citizen;
b) Having made significant contributions to the development and defense of Vietnam;
c) Retaining foreign nationality is beneficial to the Socialist Republic of Vietnam.
Additionally, under Article 14 of Decree No. 16/2020/ND-CP, to be considered a special case and retain foreign nationality when restoring Vietnamese nationality, an individual must meet the following conditions simultaneously:
- Satisfy the conditions for restoring Vietnamese nationality as prescribed by the Law on Vietnamese Nationality;
- The request to retain foreign nationality must comply with the laws of the respective foreign country;
- Renouncing foreign nationality would adversely affect the individual's rights in the foreign country;
- Not using the foreign nationality to harm the legitimate rights and interests of individuals or organizations in Vietnam or to threaten national security and interests.
Therefore, you should carefully review these regulations to determine whether you qualify to restore your Vietnamese nationality while retaining your foreign nationality.
3. Where to Submit an Application for a Certificate of Vietnamese Nationality
If you are in Canada, you can submit your application at the Embassy of Vietnam in Canada.
If you are in Vietnam, you can submit your application at the Department of Justice in the locality where you reside.
4. Document Preparation
When applying for a Certificate of Vietnamese Nationality, you need to prepare the following documents:
- Application form (as per the prescribed template);
- Four (4) recent passport-sized photos (4x6 cm, taken within the last six months);
- Personal identification documents, such as:
+ Identity card, citizen identification card, personal ID card, or electronic ID card;
+ Residency documents, temporary residence card;
+ Travel documents or any internationally recognized travel permits;
+ Personal identification documents with a photo issued by a competent authority.
Legal basis: Clause 1, Article 31 of Decree No. 16/2020/ND-CP, supplemented by Clauses 6 and 9, Article 4 of Decree No. 07/2025/ND-CP.
- Documents proving Vietnamese nationality, such as:
+ Birth certificate (if it does not explicitly state Vietnamese nationality, additional documents proving the nationality of the parents are required);
+ Identity card;
+ Vietnamese passport.
Legal basis: Article 11 of the 2008 Law on Vietnamese Nationality.
5. Processing Time
If you submit your application at the Embassy of Vietnam in Canada: Estimated 70 working days from the date of receiving a complete application.
If you submit your application in Vietnam: Estimated 85 working days.
For reference: https://sblaw.vn/services/
