You asked ( 27-03-2012)
Your response regarding how foreign nationals who are married to Vietnamese citizens can obtain a permanent residence card in last week's You Asked has brought up some related questions:
1. If I apply for a permanent residence card, will I lose my rights as a citizen of the UK?
2. Is the permanent residence card like an Identity card?
Dear Mr Khoi,
Based on the legal consultancy of lawyer Nguyen Hung Quang of Ha Noi-based NHQuang & Associates, we would like to give the following answers:
1. You should acknowledge that applying for a permanent residence card and a Vietnamese citizenship certificate are two different procedures.
– The issuance of a permanent residence card to foreigners in Viet Nam does not require them to give up their citizenship. (The registration procedure of permanent residence was mentioned last week's You Asked)
– Under Article 19 of Viet Nam's Citizenship Law, foreigners obtaining a Vietnamese citizenship certificate must give up their citizenship, except for the following circumstances:
a) They are the spouse, offspring, or parent of a Vietnamese citizen residing in Viet Nam.
b) They have a meritorious contribution to the cause of building and defending the Vietnamese Fatherland.
c) They bring benefits to the Socialist Republic of Viet Nam.
d) They are granted Vietnamese citizenship by the State President.
You meet the circumstance A so even when you get a Vietnamese citizenship certificate, you are not required to give up your UK citizenship.
2. The registration procedure of a Vietnamese citizenship certificate includes the following preparation materials:
– Registration form for Vietnamese citizenship published by the Ministry of Public Security's Immigration Department
– Copy of birth certificate
– Copy of passport or another kind of document proving that you are a foreigner
– Legal curriculum vitaes stamped by a relevant UK agency within a 90 day period after applying for documents.
– Copy of Permanent Residence Card
– Documentary proof of Vietnamese language level
– Documentary proof of financial status in Viet Nam (such as salary granted by an office, property possession rights or income tax payments granted by the tax office)
– Copy of marriage certificate
The registration procedure for a Vietnamese citizenship certificate then requires:
– All the documents mentioned above be translated into Vietnamese, notarised and made into three copies.
– All the documents must be handed out at the Immigration Office of the provinces and central-level cities' Police.
3. A permanent residence card is different from an ID card:
– A permanent residence card is written proof that you are legally and permanently residing in Viet Nam.
– An ID card is written proof that you are a Vietnamese citizen. It functions as administrative management of individuals in the country.
A foreigner who holds a permanent residence card in Viet Nam is allowed to enter the country multiple times and has the right to make permanent residence in the country. However, he /she has no rights as a Vietnamese citizen, such as the certificate of land use or the right to vote.