Chương V Luật Quốc tịch Việt Nam 1998: Thẩm quyền và thủ tục giải quyết các vấn đề về quốc tịch

Chapter V

THE POWERS AND PROCEDURES FOR HANDLING NATIONALITY-RELATED MATTERS

Article 31.- The powers of the National Assembly regarding nationality

The National Assembly has the following tasks and powers regarding the nationality:

1. To promulgate legal documents on Vietnamese nationality;

2. To exert the supreme supervision on the observance of the legislation on Vietnamese nationality;

3. To ratify or rescind international treaties on nationality which the Socialist Republic of Vietnam has signed or acceded to at the proposal of the State President.

Article 32.- The powers of the State President over nationality

The State President has the following tasks and powers over nationality:

1. To permit the naturalization in Vietnam;

2. To permit the Vietnamese nationality restoration;

3. To permit the Vietnamese nationality relinquishment;

4. To decide the Vietnamese nationality deprivation;

5. To annul decisions on naturalization in Vietnam;

6. To conclude international treaties on behalf of the State of the Socialist Republic of Vietnam, decide the ratification of or acceding to international treaties on nationality or concerning nationality, except for cases where such international treaties must be submitted to the National Assembly for decision.

Article 33.- The powers of the Government over nationality

The Government has the following tasks and powers over nationality:

1. To submit to the National Assembly and the National Assembly Standing Committee draft laws, ordinances and resolutions on Vietnamese nationality; to promulgate documents guiding the implementation of legislation on Vietnamese nationality;

2. To submit to the State President for decision the granting, restoration, relinquishment or deprivation of Vietnamese nationality and the annulment of decisions on naturalization in Vietnam;

3. To submit to the State President for decision the signing of international treaties on the State’s behalf, the ratification of or acceding to international treaties on nationality or concerning nationality; to decide the signing of or acceding to international treaties on nationality or concerning nationality on the Government’s behalf;

4. To direct and guide the granting of certificates of Vietnamese nationality and certificates of loss of Vietnamese nationality;

5. To organize and direct the dissemination and education of legislation on Vietnamese nationality;

6. To make State statistics on Vietnamese nationality;

7. To inspect and supervise, according to its competence, the observance of the legislation on Vietnamese nationality;

8.To establish international cooperation on nationality.

Article 34.- The powers of the ministries, the ministerial-level agencies and the agencies attached to the Government regarding nationality

1. The Ministry of Justice shall assist the Government in performing the tasks and exercising the powers defined in Article 33 of this Law.

2. The ministries, the ministerial-level agencies and the agencies attached to the Government shall, within their respective tasks and powers, have to coordinate with the Ministry of Justice in performing the tasks an exercising the powers regarding nationality as prescribed by the Government.

Article 35.- The powers of the People’s Committees of the provinces and cities directly under the Central Government

The People’s Committees of the provinces and cities directly under the Central Government have the following tasks and powers regarding the nationality:

1. To receive examine dossiers of application for the granting, restoration or relinquishment of Vietnamese nationality; to request the handling of such dossiers;

2. To propose the deprivation of Vietnamese nationality or the annulment of decisions on naturalization in Vietnam;

3. To consider and grant certificates of Vietnamese nationality and certificates of loss of Vietnamese nationality.

Article 36.- The powers of the Vietnamese diplomatic missions and consular offices overseas regarding nationality

The Vietnamese diplomatic missions and consular offices overseas have the following tasks and powers regarding nationality:

1. To receive and examine dossiers of application for the restoration or relinquishment of Vietnamese nationality; to receive dossiers of application for Vietnamese nationality in some exceptional cases; to request the handling of such dossiers;

2. To propose the deprivation of Vietnamese nationality and the annulment of decisions on naturalization in Vietnam;

3. To consider and grant certificates of Vietnamese nationality and certificates of loss of Vietnamese nationality.

Article 37.- Filing applications for settlement of nationality matters

Persons applying for the granting, restoration or relinquishment of Vietnamese nationality, or for certificates of Vietnamese nationality or certificates of loss of Vietnamese nationality shall send their applications to the People’s Committees of the provinces and cities directly under the Central Government where they reside, if they live in Vietnam; or to the Vietnamese diplomatic missions or consular offices overseas if they reside abroad.

Article 38.- The time limit for handling nationality-related applications

1. The time limit for settling an application for naturalization in Vietnam shall not exceed 12 months, and an application for Vietnamese nationality relinquishment or restoration shall not exceed 6 months, from the date the People’s Committee of the province or city directly under the Central Government or the Vietnamese diplomatic mission or consular office overseas receives complete and valid dossiers.

2. The time limit for settling an application for a certificate for Vietnamese nationality or a certificate of loss of Vietnamese nationality shall not exceed 90 days from the date the People’s Committee of the province or city directly under the Central Government or the Vietnamese diplomatic mission or consular office overseas receives complete and valid dossiers.

Article 39.- Publishing on the Official Gazette decisions on granting, restoration, relinquishment or deprivation of Vietnamese nationality and the annulment of decisions on naturalization in Vietnam

The decisions on granting restoration, relinquishment or deprivation of Vietnamese nationality and the annulment of decisions on naturalization in Vietnam shall be published on the Official Gazette of the Socialist Republic of Vietnam.

Article 40.- The settlement of complaints, denunciations and disputes about Vietnamese nationality

1. Complaints about the administrative decisions or administrative acts of State agencies defined in Articles 34, 35 and 36 of this Saw and denunciations against law-breaking acts in the handling of Vietnamese nationality-related matters shall be made in accordance with the provisions of the legislation on complaints and denunciations.

2. Disputes among individuals on Vietnamese nationality shall be settled by courts according to the procedures for settling civil cases.