Dual citizenship in Vietnam: Which rules apply to entry and (permanent) residence
As Vietnam becomes an increasingly attractive destination for return migration, education, and investment, many overseas Vietnamese (Việt Kiều) and international families are choosing to live or spend extended time in Vietnam. However, having dual citizenship – particularly for children – can lead to unexpected legal complications at the border and during residence.
A recent enforcement case in Hanoi has underscored the serious risks of misunderstanding Vietnam’s immigration laws for people with both Vietnamese and foreign nationalities. The Ecovis lawyers explain and comment on the case and its consequences for Việt Kiều and international families.
The case: Misidentification of legal status due to the passport used
On 29 July 2025, Hanoi’s immigration department sanctioned Mr. N.T., a Vietnamese Swedish dual citizen, for overstaying his temporary residence. He had entered Vietnam in May 2025 using a Swedish passport under a visa exemption. Believing his Vietnamese citizenship granted him permanent residence, he ignored the exit deadline – resulting in an administrative fine under Decree 144/2021/ND-CP.
This case demonstrates how using a foreign passport – despite holding Vietnamese nationality – subjects the individual to foreign immigration rules and not citizen privileges.
Key legal insight: The entry document determines the legal identity
Under the Vietnamese law on nationality (2008, amended 2014) and immigration regulations, Vietnam only recognises Vietnamese citizenship in legal proceedings if the individual uses Vietnamese documents.
- Anyone entering Vietnam with a foreign passport will be treated as a foreigner, even if they are a Vietnamese citizen under the law
- Anyone using a Vietnamese passport or equivalent document is treated as a citizen and enjoys rights such as permanent residence, simplified registration, and access to public services
This distinction is crucial for parents of children with dual nationality.
Children with two nationalities may be treated as foreigners
Many parents and grandparents wrongly assume their child’s Vietnamese ancestry automatically grants them citizen status in Vietnam. But unless a child enters Vietnam with Vietnamese travel documents, the child will:
- Be classified as a foreigner
- Be limited to the visa/residence duration given at entry (e.g., 15, 30, or 90 days)
- Be subject to overstay penalties if the duration is exceeded
- Face difficulties registering for school, healthcare, or household residence
“We help Vietnamese emigrants and international families navigate the intricacies of Vietnamese citizenship, visa and residency law.”
Vu Manh Quynh, Managing Partner, ECOVIS Vietnam Law, Ho Chi Minh City, Vietnam
People of Vietnamese origin and parents of children with dual nationality should observe certain rules to avoid fines, residency problems, or legal risks.
- Enter using Vietnamese documents whenever possible
Use a Vietnamese passport or travel certificate if available
For children: apply for a Vietnamese passport in advance if they hold Vietnamese nationality - Understand that entry equals status
Anyone entering with a foreign passport is legally a foreigner in Vietnam
Citizenship rights are not automatically granted unless entry is made with Vietnamese ID - Monitor residence deadlines
Always check the permitted stay duration upon entry
Do not assume that overstaying is possible just because a person is Vietnamese born. - Update children’s nationality documents
If a child qualifies for Vietnamese citizenship, nationality should be confirmed and a passport issued before or shortly after entry.
Significance for global Vietnamese and international families
In Vietnam’s legal system, dual nationality is recognised but not automatically applied. Families relocating or visiting Vietnam for education, business, or retirement must clearly understand how immigration status is determined by documents – not by heritage alone.
Misidentification can lead to legal consequences, impact school admission, delay visa renewals, and disrupt long-term relocation plans.
