Nghị định 16/2020/NĐ-CP hướng dẫn Luật Quốc tịch Việt Nam

DECREE

ELABORATING TO LAW ON VIETNAMESE NATIONALITY

Pursuant to Law on Government Organization dated June 19, 2015;

Pursuant to Law on Vietnamese Nationality dated November 13, 2008;

Pursuant to the Law on amendments to a number of Articles of Law on Vietnamese Nationality dated June 24, 2014;

At the request of Minister of Justice;

Government promulgates Decree elaborating to Law on Vietnamese Nationality.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree elaborates to a number of Articles and provides guidelines for implementation of Law on Vietnamese Nationality regarding naturalization, restoration, renunciation and denaturalization of Vietnamese nationality; annulment of decisions on naturalization of Vietnamese nationality; notice about results of nationality-related affairs; registration for retention of Vietnamese nationality; issuance of certificate of Vietnamese nationality; issuance of certificate of Vietnamese origin and responsibilities of agencies in performing state management regarding nationality.

Article 2. Consular legalization and translation of nationality-related documents into Vietnamese

Documents in applications for naturalization, restoration and renunciation of Vietnamese nationality and documents of other Vietnamese nationality-related affairs issued by foreign competent agencies must undergo consular legalization, except for cases of exemption from consular legalization according to regulations and law of Vietnam or international agreements to which Vietnam is a signatory.

Contents of nationality-related documents must be translated into Vietnamese; the translation must be verified or bearing authenticated signatures of the translators according to regulations and law of Vietnam.

Article 3. Methods of submission, acceptance of documents and return of results of nationality-related affairs

1. Applicants for restoration, renunciation of Vietnamese nationality or handling other affairs related to nationality may apply in persons or submit via postal services to competent agencies capable of accepting applications according to Law on Vietnamese Nationality and this Decree. Applicants must not authorize other persons to apply. In case an applicant who applies for restoration, renunciation of Vietnamese nationality or handling of other affairs related to nationality resides in a country or territory where diplomatic missions, consular missions or other authorized agencies exercising consular functions of Vietnam in foreign countries (hereinafter referred to as “representative missions”) are not available, he/she shall apply at a non-resident representative mission or a representative mission of choice.

An applicant for naturalization of Vietnamese nationality must apply in person at Department of Justice where he/she resides.

Application for handling of nationality-related affairs on behalf of minors and persons with limited legal capacity shall be performed by legal representatives or guardians thereof.

2. In case documents to be applied are prescribed by regulations and law to be copies, applicants may submit photocopies of the original copies, certified true copies or copies issued with the original copies. If photocopies of the original copies are submitted, the original copies must be attached for comparison; persons receiving the documents shall compare the copies with the original copies and sign to confirm the comparison.

In case documents are submitted via postal services, copies thereof must be certified or issued with the original copies; Application, declaration form and personal information sheet must bear authenticated signatures as per the law.

3. Persons receiving documents are responsible for examining legitimacy of contents thereof. If the documents are in adequate or unsatisfactory, provide guidance on revision and completion. If the documents are adequate and satisfactory, the persons receiving the documents shall record in acceptance registers and issue receipt notice using defined forms for the applicants. If the documents are submitted via postal services, the persons receiving the documents shall send receipt notice to the applicants via postal services.

4. Agencies accepting documents shall fully prepare list of all contents contained in each document and list of persons applying for handling of nationality-related affairs using defined forms.

With respect to application for renunciation of Vietnamese nationality, agencies accepting documents are responsible for classifying into documents exempted from record verification according to Article 30 of Law on Vietnamese Nationality and documents requiring record verification.

In case of exemption from record verification, documents on naturalization of foreign nationality must remain valid for at least 120 days from the date of acceptance; in case of compulsory record verification, documents on naturalization of foreign nationality must remain valid for at least 150 days from the date of acceptance.

5. Handling results of nationality-related affairs shall be returned to the applicants in persons or via postal services. Applicants requesting result return via postal services shall pay all costs associated with returning results via postal services.

6. Assignment of Decision on naturalization of Vietnamese nationality shall comply with Article 12 of this Decree.

Article 4. Annulment of documents proving Vietnamese nationality issued for persons denaturalizing or renouncing and annulment of decision of naturalization of Vietnamese nationality

1. From the effective date of decisions on renunciation of Vietnamese nationality, denaturalization of Vietnamese nationality, annulment of decision on naturalization of Vietnamese nationality of a person, documents specified in Article 11 of Law on Vietnamese Nationality issued for said person shall be no longer valid for proving Vietnamese nationality.

2. Removal of permanent residence registration, revocation and annulment of Vietnamese passports, ID cards and Citizen Identity Cards of persons specified in Clause 1 of this Article shall comply with Clause 3 Article 24, Clause 2 Article 26 of this Decree and relevant law provisions.

In case Vietnamese nationality is specified in civil status documents of persons who have their Vietnamese nationality renounced, denaturalized or decision on naturalization of Vietnamese nationality annulled, informing and recording change of nationality in civil status books shall comply with Article 25 of this Decree.

Article 5. Use of Vietnamese nationality of Vietnamese nationals simultaneously having foreign nationality in affairs involving Vietnamese competent agencies

Government of Socialist Republic of Vietnam shall recognize only Vietnamese nationality of Vietnamese nationals who also have foreign nationality in affairs involving Vietnamese competent agencies, unless otherwise specified by international agreements to which Vietnam is a signatory.

Article 6. Prohibited acts

1. Acts below are prohibited:

a) Use of fabricated or falsified documents; dishonest declaration or deception in procedures for handling nationality-related affairs;

b) Use of documents rendered invalid specified in Clause 1 Article 4 of this Decree to prove Vietnamese nationality;

c) Illegal exploitation of assigned entitlement to issue documents relating to Vietnamese nationality, documents proving Vietnamese nationality or other documents specifying Vietnamese nationality; provide confirmation without basis or untruthful confirmation regarding applicants for naturalization and restoration of Vietnamese nationality;

d) Exploitation of naturalization, restoration and renunciation of Vietnamese nationality and retention of foreign nationality in case of successful naturalization or restoration of Vietnamese nationality to violate national security and benefits, social order and safety of Government of Socialist Republic of Vietnam; violate legal rights and benefits of Vietnamese agencies, organizations and citizens.

2. Individuals and organizations committing violations specified in Clause 1 of this Article shall be sanctioned as per the law depending on nature and severity of the violations; documents specified in Point b Clause 1 of this Article, documents issued in cases specified in Points a and c Clause 1 of this Article that are not legitimate must be revoked and disposed.

3. If a person who has naturalized in Vietnamese nationality according to Article 19 of Law on Nationality is discovered to commit violations specified in Point a Clause 1 of this Article, Ministry of Justice shall finalize document, report to Prime Minister and propose the President to annul Decision on naturalization of Vietnamese nationality as specified in Articles 33 and 34 Law on Vietnamese Nationality and Article 23 of this Decree.

Chapter II

PROCEDURES FOR NATURALIZATION, RESTORATION, RENUNCIATION, DENATURALIZATION AND ANNULMENT OF DECISION ON NATURALIZATION OF VIETNAMESE NATIONALITY

Section 1. NATURALIZATION OF VIETNAMESE NATIONALITY

Article 7. Conditions for naturalization of Vietnamese nationality according to Article 19 of Law of Vietnamese Nationality

1. Be fluent in Vietnamese enough to blend into Vietnamese community refers to capacity to hear, speak, read and write in Vietnamese satisfactory to living and working environment of applicants for naturalization of Vietnamese nationality.

2. Applicants for naturalization of Vietnamese nationality specified in Clauses 1 and 2 Article 19 of Law on Vietnamese Nationality must be residing in Vietnam and provided with Permanent Residence Cards by competent police agencies of Vietnam.

Duration of stay in Vietnam of applicants for naturalization of Vietnamese nationality shall begin from the date on which the applicants are issued with Permanent Residence Cards.

3. Ability to ensure livelihood in Vietnam of applicants for naturalization of Vietnam nationality shall be proven by legal assets and sources of income of the applicants or guarantee of organizations and individuals in Vietnam.

Article 8. Eligibility for exemption from conditions for naturalization of Vietnamese nationality specified in Points b and c Clause 2 Article 19 of Law of Vietnamese Nationality

1. Having made meritorious contributions to Vietnam’s national construction and defense means being awarded with medals or other prestigious titles of Government of the Democratic Republic of Vietnam, Provisional Revolutionary Government of the Republic of South Vietnam, Government of Socialist Republic of Vietnam or having confirmation of competent agencies of Vietnam regarding said meritorious contributions on the basis of documents and remarks of relevant agencies and organizations and specialized regulations and law.

2. Being helpful for Government of Socialist Republic of Vietnam means having outstanding talents in fields of science, economy, culture, social, arts, sports, health, education, having won international awards, medals or certified by presiding agencies or organizations, confirmed by ministerial regulatory agencies regarding talents and positive and long-lasting contribution towards said fields of Vietnam after naturalization is well-grounded.

Article 9. Special cases of naturalization of Vietnamese nationality and retention of foreign nationality as specified in Clause 3 Article 19 of Law on Vietnamese Nationality

An applicant for naturalization of Vietnamese nationality falling into any of the cases specified in Clause 2 Article 19 of Law of Vietnamese Nationality shall be considered to be a special case specified in Clause 3 Article 19 of Law on Vietnamese Nationality and proposed to the President for consideration of naturalization of Vietnamese nationality without renunciation of foreign nationality if following conditions are simultaneously satisfied:

1. He/she satisfies the conditions for naturalization of Vietnamese nationality according to Law of Vietnamese Nationality.

2. He/she has made meritorious contribution to Vietnam’s national construction and defense and the naturalization of Vietnamese nationality with retention of foreign nationality is beneficial to the Government of Socialist Republic of Vietnam.

3. Retention of his/her foreign nationality upon naturalization of Vietnamese nationality is satisfactory to regulations and law of said foreign country.

4. Renunciation of foreign nationality leads to impacts on his/her rights and benefits in the foreign country.

5. He/she does not utilize foreign nationality to harm legal rights and benefits of agencies, organizations and individuals; harm national security and benefits, social order and safety of the Government of Socialist Republic of Vietnam.

Article 10. Certain documents in application for naturalization of Vietnamese nationality

1. Documents specified in Points b, dd, e and g Clause 1 Article 20 of Law on Vietnamese Nationality are:

a) Other documents serving as substitutes for birth certificates and passports with respect to stateless person applying for naturalization of Vietnamese nationality refer to documents containing information about full name, date of birth, pictures of said persons and stamps of competent agencies, laissez-passers or documents allowing international travel;

b) Documents proving fluency in Vietnamese of applicants for naturalization of Vietnamese nationality refer to degrees and qualifications proving that the applicants have studied in Vietnamese in Vietnam such as copies of doctor degrees, master degrees, bachelor degrees, university degrees, college degrees or intermediate education degrees (including professional secondary education diplomas or professional intermediate education diplomas); upper secondary education or secondary education degrees; copies of certificates of Vietnamese proficiency according to framework of reference of Vietnamese for foreigners issued by Vietnamese education institutions according to regulations and law of Ministry of Education and Training.

In case an applicant for Vietnamese nationality does not have documents proving fluency in Vietnamese, Department of Justice shall organize examination and carry out interview him/her on his/her ability to hear, speak, read and write in Vietnamese to ensure satisfactory to Clause 1 Article 7 of this Decree. Representatives of Departments of Justice and Departments of Education and Training shall participate in the interviews. Results of the examination and interviews shall be made into records. Persons directly participating in the examination and interviews shall be responsible for results of the examination, interviews and their recommendations;

c) Copies of birth certificates of juvenile children who will be naturalized in Vietnamese nationality with their parents or other valid documents proving father-son or mother-son relationship. In case only one of the parents is naturalized in Vietnamese nationality and their juvenile children are also naturalized in Vietnamese nationality with them, submit written agreements bearing both signatures of the parents on naturalization of Vietnamese nationality for the children. Signature authentication is not required for the agreements; a parent whose name is on the application for naturalization of Vietnamese nationality of the children shall be responsible for authenticity of signature of the other parent.

In case parents are deceased, lost legal capacity or having limited legal capacity, the agreements shall be replaced with documents proving deceased parents, parents with lost legal capacity or parents having limited legal capacity.

d) Copies of Permanent Residence Cards;

dd) Documents proving livelihood capacity in Vietnam of applicants for Vietnamese nationality include any of the following: documents proving asset ownership; documents issued by agencies and organizations where the applicants are working confirming salary or income; guarantee documents of organizations and individuals in Vietnam; documents of People’s Committees of communes, wards or townlets (hereinafter referred to as “People’s Committees of communes”) where the applicants reside temporarily on house, occupation and income of the applicants.

2. Persons exempted from conditions for naturalization of Vietnamese nationality as specified in Clause 2 Article 19 of Law of Vietnamese Nationality and Article 8 of this Decree must submit following documents:

a) In case an applicant has a spouse who is a Vietnamese citizen, submit copies of marriage certificates or marital status certificates; in case an applicant has parents and children who are Vietnamese citizens, submit copies of birth certificates or other valid documents proving father-son or mother-son relationship;

b) In case of persons with meritorious contributions to Vietnam’s national construction and defense or naturalization of Vietnamese nationality is beneficial for the Government of Socialist Republic of Vietnam as specified in Article 8 of this Decree, submit documents proving corresponding eligibility.

3. Applicants for naturalization of Vietnamese nationality and retention of foreign nationality falling into special cases specified in Article 9 of this Decree must possess documents proving eligibility for naturalization of Vietnamese nationality specified in Clause 1 Article 9, documents issued by competent agencies of Vietnam or foreign countries proving conditions specified in Clauses 2, 3 and 4 Article 9 and written commitment regarding contents in Clause 5 Article 9 of this Decree.

4. Applications for naturalization of Vietnamese nationality shall be made into 3 sets and stored at Office of the President, Ministry of Justice and agencies that accept the applications.

Article 11. Responsibilities of Ministry of Justice in handling applications for naturalization of Vietnamese nationality according to Clause 3 Article 21 of Law on Vietnamese Nationality

1. During the period specified in Clause 3 Article 21 of Law on Vietnamese Nationality, if the application for naturalization of Vietnamese nationality is considered to be inadequate or the applicant is considered to be unsatisfactory to conditions for naturalization of Vietnamese nationality, Ministry of Justice shall notice People’s Committees of provinces and central-affiliated cities (hereinafter referred to as “provincial People’s Committees”) in writing and provide guidance for Departments of Justice on instructing the applicants to revise the application and fulfill all conditions. Within 5 working days from the date on which notice of Ministry of Justice is received, Departments of Justice shall issue documents providing the applicants with guidelines on revision of the applications and fulfillment of the conditions.

In case of application for naturalization of Vietnamese nationality and retention of foreign nationality without having sufficient documents proving eligibility for special cases as specified in Clauses 2, 3, 4 and 5 Article 9 of this Decree, Ministry of Justice shall notice provincial People’s Committees in writing to request the applicants to renounce foreign nationality.

2. If an applicant fails to revise his/her application, fulfill all conditions or submit documents issued by foreign competent agencies allowing renunciation of foreign nationality within 9 months from the date on which Ministry of Justice issues the notice as specified in Clause 1 of this Article, he/she shall be considered to stop applying for naturalization of Vietnamese nationality and Ministry of Justice shall return the application. The 9-month period shall not be accounted for in the period for processing applications as specified in Clause 3 Article 21 of Law on Vietnamese Nationality.

3. During consideration of applications for naturalization of Vietnamese nationality with retention of foreign nationality of special cases specified in Article 9 of this Decree, if the applications are complicated or related to security and politics, Ministry of Justice shall consult relevant ministries before reporting to Prime Minister and proposing the President.

4. Once the application for Vietnamese nationality is sufficient and valid, Minister of Justice shall sign proposal to the President to consider naturalization of Vietnamese nationality on behalf of Prime Minister, except for cases specified in Clause 3 of this Article.

Regulations on Minister of Justice signing the proposal to the President on behalf of Minister of Justice are also applicable to applications for restoration and renunciation of Vietnamese nationality.

5. Regulations on handling process of applications for naturalization of Vietnamese nationality with retention of foreign nationality in Clauses 1, 2 and 3 of this Article are also applicable to applications for restoration of Vietnamese nationality with retention of foreign nationality as specified in Article 14 of this Decree.

Article 12. Assignment of decisions on naturalization of Vietnamese nationality

After receiving decisions of the President on naturalization of Vietnamese nationality attached to notice of Ministry of Justice, provincial People’s Committees shall direct Department of Justice to hold ceremony on assignment of decisions on naturalization of Vietnamese nationality for applicants of naturalization of Vietnamese nationality in a formal and meaningful fashion and satisfactory to current local conditions.

Section 2. RESTORATION OF VIETNAMESE NATIONALITY

Article 13. Eligibility for restoration of Vietnamese nationality as specified in Points c, d and dd Clause 1 Article 23 of Law of Vietnamese Nationality

1. Eligibility for restoration of Vietnamese nationality in case of persons having meritorious contributions to Vietnam’s national construction and defense and persons whose nationality once restored is beneficial for the Government of Socialist Republic of Vietnam shall be applied according to Article 8 of this Decree.

2. Making investment in Vietnam requires having investment projects and investment in said projects verified in written form by competent agencies of Vietnam.

Article 14. Special cases of restoration of Vietnamese nationality and retention of foreign nationality as specified in Clause 5 Article 23 of Law on Vietnamese Nationality

An applicant for restoration of Vietnamese nationality falling into any of the cases specified in Clause 5 Article 23 of Law of Vietnamese Nationality shall be considered to be a special case and proposed to the President for consideration of restoration of Vietnamese nationality without renunciation of foreign nationality if following conditions are simultaneously satisfied:

1. He/she satisfies the conditions for restoration of Vietnamese nationality according to Law of Vietnamese Nationality.

2. Retention of his/her foreign nationality upon restoration of Vietnamese nationality is satisfactory to regulations and law of said foreign country.

3. Renunciation of foreign nationality leads to impacts on his/her rights and benefits in the foreign country.

4. He/she does not utilize foreign nationality to harm legal rights and benefits of agencies, organizations and individuals; harm national security and benefits, social order and safety of the Government of Socialist Republic of Vietnam.

Article 15. Certain documents in application for restoration of Vietnamese nationality

1. Documents proving that applicants for restoration of Vietnamese nationality used to obtain Vietnamese nationality as specified in Point dd Clause 1 Article 24 of Law on Vietnamese nationality are one of the following:

a) Documents proving renunciation by the President or denaturalization of Vietnamese nationality;

b) Previous documents issued and verified by competent agencies and organizations which specify Vietnamese nationality or equivalent documents certifying Vietnamese nationality of the applicants.

2. Documents proving satisfaction to conditions for restoration of Vietnamese nationality as specified in Points b, c, dd and e Clause 1 Article 23 of Law on Vietnamese nationality are one of the following:

a) Documents proving spouse, biological parents or biological children of applicants for Vietnamese nationality are Vietnamese citizens as specified in Point a Clause 2 Article 10 of this Decree; or

b) In case of persons with meritorious contributions to Vietnam’s national construction and defense or restoration of Vietnamese nationality is beneficial for the Government of Socialist Republic of Vietnam as specified in Clause 1 Article 13 of this Decree, submit documents proving corresponding eligibility; or

c) Documents proving investment in Vietnam as specified in Clause 2 Article 13 of this Decree; or

d) In case of application for restoration of Vietnamese nationality due to renunciation of Vietnamese nationality for naturalization in foreign nationality and rejected application for naturalization of the foreign nationality, present documents issued by foreign competent agencies stating in details reasons for rejection of naturalization of foreign nationality. In case of rejection of naturalization of foreign nationality due to subjective reasons of the applicants, present guarantee documents of any of biological parents, children, siblings or spouse of the applicants who are Vietnamese citizens and living in Vietnam together with written commitment of the applicants to voluntarily reside in Vietnam.

3. Applicants for restoration of Vietnamese nationality with retention of foreign nationality must possess documents proving eligibility for restoration of Vietnamese nationality specified in Clause 1 Article 14, documents issued by competent agencies of Vietnam or foreign countries proving eligibility specified in Clauses 2 and 3 Article 14 and commitment of the applicants regarding contents specified in Clause 4 Article 14 of this Decree.

4. Copies of birth certificates or other valid documents proving father-son or mother-son relationship are required for juvenile children whose Vietnamese nationality shall be restored with their parents’. In case only one of the parents is restored with Vietnamese nationality and their juvenile children are also restored with Vietnamese nationality with them, submit written agreements on restoration of Vietnamese nationality for the children. The agreements must bear both signatures of the parents, signature authentication is not required for the agreements; a parent whose name is on the application for restoration of Vietnamese nationality of the children shall be responsible for authenticity of signature of the other parent.

In case parents are deceased, lost legal capacity or having limited legal capacity, the agreements shall be replaced with documents proving deceased parents, parents with lost legal capacity or parents having limited legal capacity.

5. Applications for restoration of Vietnamese nationality shall be made into 3 sets and stored at Office of the President, Ministry of Justice and agencies that accept the applications.

Article 16. Verification of application for restoration of Vietnamese nationality

1. In case records of applicants for restoration of Vietnamese nationality must be verified according to Clause 3 Article 26 of Law on Vietnamese Nationality, Ministry of Justice shall issue documents stating contents that need to be verified by Ministry of Public Security.

2. Within 45 days from the date on which request of Ministry of Justice is received, Ministry of Public Security is responsible for verifying and responding with the results in written form.

Section 3. RENUNCIATION OF VIETNAMESE NATIONALITY

Article 17. Cases of suspension of renunciation of Vietnamese nationality as specified in Point a Clause 2 Article 27 of Law of Vietnamese Nationality

While processing the applications, if tax administration authorities or agencies, organizations and individuals who are legal creditors issue documents on debts in form of tax, money or assets, competent agencies shall not accept or consider processing the application for renunciation of Vietnamese nationality.

Article 18. Certain documents in application for renunciation of Vietnamese nationality

1. Documents confirming applicants for renunciation of Vietnamese nationality are following procedures for naturalization of foreign nationality specified in Point dd Clause 1 Article 28 of Law on Vietnamese Nationality are documents issued by foreign competent agencies confirming or guaranteeing that the applicants shall be naturalized in foreign nationality; in case the applicants are already naturalized in foreign nationality, submit copies of passports or record documents bearing pictures issued by foreign competent agencies to prove that the applicants are obtaining foreign nationality.

2. Documents specified in Point g Clause 1 Article 28 of Law on Vietnamese Nationality are documents of heads of agencies confirming retirement, discharge, dismissal, removal or demobilization based on regulations of the fields to determine if renunciation of Vietnamese nationality of the applicants does not affect protection of national secrets and security or against regulations and law of such fields.

3. Copies of birth certificates of juvenile children who will be renounced in Vietnamese nationality with their parents or other valid documents proving father-son or mother-son relationship. In case only one of the parents’ Vietnamese nationalities is renounced in and their juvenile children’s Vietnamese nationality is also renounced with the parents, submit written agreements bearing both signatures of the parents on renunciation of Vietnamese nationality for the children. Signature authentication is not required for the agreements; a parent whose name is on the application for renunciation of Vietnamese nationality of the children shall be responsible for authenticity of signature of the other parent.

In case parents are deceased, lost legal capacity or having limited legal capacity, the agreements shall be replaced with documents proving deceased parents, parents with lost legal capacity or parents having limited legal capacity.

4. Applications for renunciation of Vietnamese nationality shall be made into 3 sets and stored at Office of the President, Ministry of Justice and agencies that accept the applications.

Article 19. Handling of application for renunciation of Vietnamese nationality in case of expired documents enabling naturalization of foreign nationality

1. In case of expired documents enabling naturalization of foreign nationality, Ministry of Justice shall issue notice to representative bodies to inform the applicants for renunciation of Vietnamese to follow procedures for extension or new issuance of said documents.

2. Representative bodies shall come up with measures to assist applicants for renunciation of Vietnamese nationality within following procedures for extending or issuing anew documents enabling naturalization of foreign nationality, if requested by the applicants.

3. Applicants for renunciation of Vietnamese nationality shall submit extended or issued anew documents enabling naturalization of foreign nationality for representative bodies to transfer to Ministry of Justice.

Article 20. Responsibilities of agencies, organizations and individuals in informing about cases of suspension and rejection of renunciation of Vietnamese nationality

Within 60 days from the date on which Departments of Justice upload information on applicants for renunciation of Vietnamese nationality according to Clause 2 Article 29 Law on Vietnamese Nationality, police authorities, civil judgment enforcement authorities, tax authorities or other agencies, organizations and individuals that discover any indication suggesting that the applicants fall into cases of suspension or rejection of renunciation of Vietnamese nationality as specified in Clauses 2, 3 and 4 Article 27 of Law on Vietnamese Nationality and Article 17 of this Decree must promptly inform Departments of Justice which have uploaded the information.

Article 21. Record verification of applicants for renunciation of Vietnamese nationality

1. In case an applicant for renunciation of Vietnamese nationality is not eligible for exemption from record verification according to Article 30 of Law on Vietnamese Nationality, Ministry of Justice shall issue documents stating contents that need to be verified by Ministry of Public Security.

2. Within 45 working days from the date on which request of Ministry of Justice is received, Ministry of Public Security is responsible for verifying and responding with the results in written form.

Section 4. DENATURALIZATION AND ANNULMENT OF DECISION ON NATURALIZATION OF VIETNAMESE NATIONALITY

Article 22. Request for denaturalization of Vietnamese nationality

1. In case provincial People’s Committees or representative bodies request denaturalization of Vietnamese nationality of persons committing violations specified in Clause 1 Article 31 of Law on Vietnamese Nationality, requesting documents shall include:

a) Written request of provincial People’s Committees or representative bodies regarding denaturalization of Vietnamese nationality;

b) Documents and files on investigation, verification and conclusion of competent agencies regarding violations of persons subject to request for denaturalization of Vietnamese nationality;

c) Written accusations against persons subject to request for denaturalization of Vietnamese nationality, if any.

2. In case courts that judge defendants committing violations in Clause 1 Article 31 of Law on Vietnamese Nationality request denaturalization of the defendants, requesting documents shall include:

a) Written request of the courts regarding denaturalization of Vietnamese naturalization;

b) Legally valid judgments and relevant documents.

Article 23. Request for annulment of decisions on naturalization of Vietnamese nationality

1. In case provincial People’s Committees request to annul decisions on naturalization of Vietnamese nationality of persons committing violations specified in Clause 1 Article 33 of Law on Vietnamese Nationality, requesting documents shall include:

a) Written request of provincial People's Committees regarding annulling decisions on naturalization of Vietnamese nationality;

b) Documents and files on investigation, verification and conclusion of competent agencies regarding violations of persons subject to request for annulment of decisions on naturalization of Vietnamese nationality;

c) Written accusations against persons subject to request for annulment of decisions on naturalization of Vietnamese nationality, if any.

2. In case courts that judge defendants committing violations in Clause 1 Article 33 of Law on Vietnamese Nationality request annulment of decisions on naturalization of the defendants, requesting documents shall include:

a) Written request of the courts regarding annulling decisions on naturalization of Vietnamese nationality;

b) Legally valid judgments and relevant documents.

Chapter III

NOTICE ABOUT RESULTS OF NATIONALITY-RELATED AFFAIRS

Article 24. Notice about naturalization, restoration, renunciation, denaturalization and annulment of decisions on naturalization of Vietnamese nationality

1. Within 10 working days from the date on which decisions on naturalization of Vietnamese nationality are received, Ministry of Justice shall issue notice together with copies of the decisions on naturalization of Vietnamese nationality to provincial People’s Committees where the applications for naturalization are accepted to hold ceremony on assignment of decisions on naturalization of Vietnamese nationality.

Assignment of decisions on naturalization of Vietnamese nationality shall comply with Article 12 of this Decree.

2. Notice of decisions on restoration, renunciation, denaturalization and annulment of decisions on naturalization of Vietnamese nationality shall be performed as follows:

Within 10 working days from the date on which decisions on restoration, renunciation, denaturalization and annulment of decisions on naturalization of Vietnamese nationality are received, Ministry of Justice shall issue notice together with copies of said decisions to persons subject to restoration, renunciation, denaturalization and annulment of decisions on naturalization of Vietnamese nationality and to provincial People’s Committees where the applications for restoration, renunciation, denaturalization and annulment of decisions on naturalization of Vietnamese nationality are accepted to monitor, management and keep records of nationality-related affairs that have been handled.

In case applications for restoration, renunciation and denaturalization of Vietnamese nationality are accepted at representative bodies, after receiving notice of Ministry of Justice, the representative bodies are responsible for informing persons subject to restoration, renunciation and denaturalization of Vietnamese nationality about results of corresponding nationality-related affairs. Representative bodies shall collect Vietnamese passports, ID cards and Citizen Identity Cards of persons subject to renunciation and denaturalization of Vietnamese nationality according to relevant law provisions.

3. Persons subject to renunciation, denaturalization and annulment of decisions on naturalization of Vietnamese nationality are responsible for cooperating with police authorities in following procedures to remove permanent residence registration and submitting Vietnamese passports, ID cards and Citizen Identity Cards according to relevant law provisions.

4. Persons subject to naturalization and restoration of Vietnamese nationality may register for residence and be issued with Vietnamese passports, ID cards and Citizen Identity Cards according to relevant law provisions at request.

Article 25. Notice about record in civil status books regarding changes in nationality

1. Within 10 working days from the day on which decisions on renunciation, denaturalization and annulment of decisions on naturalization of Vietnamese nationality, Ministry of Justice shall inform Departments of Justice or representative bodies where civil status of the persons subject to the decisions above is registered to record or provide guidance on how to record in the civil status books. Record contents include: decision number; date of issue; details; contents; officials who record must sign and specify full name and date of record. In case civil registration is performed at representative bodies and civil status books have been archived at Ministry of Foreign Affairs, Ministry of Foreign Affairs shall do the record.

2. In case of a person subject to restoration of Vietnamese nationality whose civil status book was previously recorded with renunciation or denaturalization of Vietnamese nationality or a person subject to naturalization of Vietnamese nationality who previously performed civil registration at competent agencies of Vietnam, notice about record in civil status book due to restoration and naturalization of Vietnamese nationality shall be performed according to Clause 1 of this Article.

3. In case representative bodies or Departments of Justice that no longer store previous civil status books receive notice about record, inform Ministry of Justice for further monitor and management.

Article 26. Communication with Ministry of Public Security on results of nationality-related affairs

1. Within 10 working days from the date on which decisions on naturalization and restoration of Vietnamese nationality are issued, Ministry of Justice shall inform Ministry of Public Security to direct competent police authorities to register for residence, issue Vietnamese passports and Citizen Identity Cards for persons subject to naturalization and restoration of Vietnamese nationality as per the law.

2. In case persons subject to renunciation, denaturalization and annulment of decisions on naturalization of Vietnamese nationality are living in Vietnam or used to be living in Vietnam, within 10 working days from the date on which decisions on affairs mentioned above are issued, Ministry of Justice shall inform Ministry of Public Security to direct competent police authorities to remove permanent residence registration, collection of Vietnamese passports, ID cards and Citizen Identity Cards of said persons.

Chapter IV

APPLICATION FOR VERIFICATION OF VIETNAMESE NATIONALITY, ISSUANCE OF CERTIFICATE OF VIETNAMESE NATIONALITY AND ISSUACE OF CERTIFICATE OF VIETNAMESE ORIGIN

Section 1. APPLICATION FOR VERIFICATION OF VIETNAMESE NATIONALITY

Article 27. Application for verification of Vietnamese nationality

Overseas Vietnamese who have not lost Vietnamese nationality according to regulations and law of Vietnam before July 1, 2009 without having document proving Vietnamese nationality according to Article 11 of Law on Vietnamese Nationality shall apply to representative bodies where they reside in order to be verify as obtaining Vietnamese nationality if necessary (hereinafter referred to as “applicants for verification of Vietnamese nationality”).

Article 28. Legislative documents and papers serving as basis for verification of Vietnamese nationality

1. Based on year of birth, place of birth or place of residence of applicants for verification of Vietnamese nationality and historic background from time to time, representative bodies shall rely on following legislative documents to verify whether the applicants obtain Vietnamese nationality:

a) Order No. 53/SL dated October 20, 1945 on Vietnamese nationality;

b) Order No. 73/SL dated December 7, 1945 on naturalization of Vietnamese nationality;

c) Order No. 25/SL dated February 25, 1946 on amendments to Order No. 53/SL dated October 20, 1945 on Vietnamese nationality;

d) Order No. 215/SL dated August 20, 1948 on special benefits for assisting foreigners during the Resistance War;

dd) Order No. 51/SL dated December 14, 1959 on annulment of Articles 5 and 6 of Order No. 53/SL dated October 20, 1945 on Vietnamese nationality;

e) Resolution NO. 1043/NQ-TVQHK6 dated February 8, 1971 of Standing Committee of National Assembly on renunciation or naturalization of Vietnamese nationality;

g) Decision No. 268/TTg dated September 12, 1980 of Prime Minister on policies on renunciation and restoration of Vietnamese nationality of foreign Vietnamese;

h) Law on Vietnamese Nationality in 1988 and documents elaborating thereto;

i) Law on Vietnamese Nationality in 1998 and documents elaborating thereto;

k) Law on Vietnamese Nationality in 2008 and documents elaborating thereto;

l) International agreements relating to nationality in which Vietnam is a signatory.

2. Papers serving as the basis for verification of Vietnamese nationality include:

a) Documents relating to nationality, civil status, residence registry, passports or other documents issued by competent agencies of Vietnam to Vietnamese citizens from 1945 to July 1, 2009 exclusively, which specify Vietnamese nationality or information relating to Vietnamese nationality and citizens;

b) Documents relating to nationality, civil status, residence registry, passports or other documents issued by former southern government of Vietnam before April 30, 1975 or by former government in Hanoi from 1911 to 1956, which specify Vietnamese nationality or information relating to Vietnamese nationality and citizens.

Article 29. Procedures for application for verification of Vietnamese nationality

1. Each applicant for verification of Vietnamese nationality shall prepare 1 application consisting of a declaration form, 4 4x6 photos taken in the past 6 months and copies of following documents:

a) Documents on record of the applicant namely ID card, Citizen Identity Card, residence documents, temporary resident card, laissez-passers, documents allowing international travel or documents confirming personal record bearing photos issued by competent agencies;

b) Documents specified in Clause 2 Article 28 of this Decree.

2. Within 5 working days from the date on which applications are accepted, representative bodies are responsible for examining the applications, directly looking up or requesting Ministry of Foreign Affairs in written form to propose Ministry of Justice to looking nationality up; within 10 working days, Ministry of Justice shall look up and respond Ministry of Foreign Affairs in written form. If Vietnamese nationality of the applicant is verified and the applicant is not under lists of persons subject to renunciation, denaturalization and annulment of decision on naturalization of Vietnamese nationality, record in books for application for verification of Vietnamese nationality. In case the applicant requests issuance of Vietnamese passport, representative bodies shall follow procedures for issuance of passport or inform the applicant to arrive at the representative bodies to follow procedures for issuance of passports if the applicant receives the passport via postal services. Issuance of passports shall be implemented according to relevant law provisions.

In case of application for verification of Vietnamese nationality without issuance of Vietnamese passports, after recording in the books for application for Vietnamese nationality verification, representative bodies shall provide the applicant with copies using defined form.

If the applicant later requests issuance of Vietnamese passports, representative bodies shall issue passports according to relevant law provisions.

3. During the period specified in Clause 2 of this Article, if verification of Vietnamese nationality is not well-grounded, representative bodies shall issue written request to Ministry of Foreign Affairs to propose Ministry of Foreign Affairs to look up and send Ministry of Public Security for verification. Within 45 days from the date on which the request is received, Ministry of Justice and Ministry of Public Security shall look up, verify and respond Ministry of Foreign Affairs in written form.

Within 5 working days from the date on which looking up and verification results are received, Ministry of Foreign Affairs shall inform representative bodies to complete verification of Vietnamese nationality of the applicant.

If Vietnamese nationality cannot be verified, agencies accepting the application shall respond the applicant in writing.

Section 2. ISSUANCE OF CERTIFICATE OF VIETNAMESE NATIONALITY

Article 30. Entitlement to issue certificates of Vietnamese nationality

Applicants for issuance of certificates of Vietnamese nationality shall apply at Departments of Justice where they reside domestically or representative bodies where they reside overseas at the time of application.

Article 31. Procedures for issuance of certificates of Vietnamese nationality

1. Each applicant for issuance of certificate of Vietnamese nationality shall prepare 1 application consisting of a declaration form, 2 4x6 photos taken in the past 6 months and copies of following documents:

a) Documents on record of the applicant namely ID card, Citizen Identity Card, residence documents, temporary resident card, laissez-passers, documents allowing international travel or documents confirming personal record bearing photos issued by competent agencies;

b) Documents proving Vietnamese nationality according to Article 11 of Law on Vietnamese Nationality or equivalent documents issued by previous government, including birth certificates where nationality section is left empty or full name sections are filled with full name of the applicant and his/her parents in Vietnamese;

c) In case documents proving Vietnamese nationality specified in Point b Clause 1 of this Article are not available, the applicant must prepare personal data sheet together with any of the documents specified in Clause 2 Article 28 of this Decree to serve as the basis for verification of Vietnamese nationality.

2. Procedures for examining, verifying and looking up Vietnamese nationality are as follows:

a) In case documents proving Vietnamese nationality are available, if the applications are submitted at Departments of Justice, within 5 working days from the date on which the applications are accepted, Departments of Justice shall examine, directly look up or request Ministry of Justice in writing to look up Vietnamese nationality; within 10 working days, Ministry of Justice shall look up and respond the Departments of Justice in writing. If authenticity of documents proving Vietnamese nationality is called into question, Departments of Justice shall request agencies that issued the questioned documents to verify; within 10 days from the date on which request of the Departments of Justice is received, the issuing agencies shall verify and respond the Departments of Justice in writing.

In case of submitting applications at representative bodies, within 05 working days from the date on which applications are accepted, representative bodies are responsible for examining the applications, directly looking up or requesting Ministry of Foreign Affairs in written form to propose Ministry of Justice to looking up Vietnamese nationality; within 10 working days, Ministry of Justice shall look up and respond in written form. If authenticity of documents proving Vietnamese nationality issued by domestic competent agencies is called into question, representative bodies shall propose Ministry of Foreign Affairs in written form to request the issuing agencies to verify; within 10 working days from the date on which request of Ministry of Foreign Affairs is received, the issuing agencies shall verify and respond Ministry of Foreign Affairs in written form. Within 5 working days from the date on which lookup results are received, Ministry of Foreign Affairs shall inform the representative bodies in written form;

b) In case of having documents specified in Clause 2 Article 28 of this Decree without having documents proving Vietnamese nationality, if applications are submitted at Departments of Justice, within 5 working days from the date on which the applications are accepted, Departments of Justice shall look up or request Ministry of Justice to look up Vietnamese nationality, within 10 working days, Ministry of Justice shall look up and respond Departments of Justice in written form. Meanwhile, Departments of Justice shall request police authorities of the same level to verify record of the applicants; within 45 working days from the date on which request of the Departments of Justice is received, police authorities shall verify and respond Departments of Justice in written form.

If applications are submitted at representative bodies, within 5 working days from the date on which the applications are accepted, representative bodies shall look up or attach photos of documents and information provided by the applicants to the applicants and send to Ministry of Foreign Affairs to request Ministry of Justice and Ministry of Public Security to look up and verify record of the applicants. Within 10 working days, Ministry of Justice shall look up and respond Ministry of Foreign Affairs in written form; within 45 days, Ministry of Public Security shall verify record of the applicants and respond. Within 5 working days from the date on which lookup results are received, Ministry of Foreign Affairs shall inform the representative bodies in written form.

3. Within 5 working days from the date on which lookup and verification results specified in Clause 2 of this Article are received, if the applicants are verified to be obtaining Vietnamese nationality and they are not under lists of persons subject to renunciation, denaturalization or annulment of decisions on naturalization of Vietnamese nationality, agencies that accept the applications shall record in Vietnamese nationality certificate registry; heads of the agencies shall sign and issue certificates of Vietnamese nationality to the applicants.

If issuance of certificates of Vietnamese nationality is not well-grounded, agencies accepting the application shall respond the applicants in writing.

Section 3. ISSUANCE OF CERTIFICATES OF VIETNAMESE ORIGIN

Section 32. Entitlement to issue certificates of Vietnamese origin

Applicants for issuance of certificates of Vietnamese origin shall apply at Departments of Justice where they reside domestically or State Committee on Overseas Vietnamese Affairs affiliated to Ministry of Foreign Affairs.

Article 33. Procedures for issuance of certificates of Vietnamese origin

1. Each applicant for issuance of certificate of Vietnamese origin shall prepare 1 application consisting of a declaration form, 2 4x6 photos taken in the past 6 months and copies of following documents:

a) Documents on record of the applicant namely ID card, Citizen Identity Card, residence documents, temporary resident card, laissez-passers, documents allowing international travel or documents confirming personal record bearing photos issued by competent agencies;

b) Documents previously issued proving that the applicant once held Vietnamese nationality or documents proving he/she has parents or grandparents who hold Vietnamese nationality.

In case none of the documents above are available, on a case-by-case basis, submit copies of documents on personal record, nationality or civil status issued by former southern government before April 30, 1975; documents issued by former government of Hanoi from 1911 to 1956; guarantees of associations and groups of overseas Vietnamese where the applicant is residing that confirm Vietnamese origin of the applicant; guarantees of Vietnamese nationals which confirm Vietnamese origin of the applicant; documents issued by foreign competent agencies that specified Vietnamese nationality or Vietnamese origin.

2. Within 5 working days from the date on which the applications are accepted, agencies that accept the applications are responsible for inspecting and examining information in the applications and documents presented by the applicant and compare with database and dossiers on nationality. If the applicant is sufficiently identified to have Vietnamese origin, agencies that accept the applications shall record in Vietnamese origin certificate registry and issue certificates of Vietnamese origin to the applicant.

If issuance of certificates of Vietnamese origin is not well-grounded, agencies accepting the application shall notice the applicants in writing.

Chapter V

RESPONSIBILITIES OF AGENCIES FOR STATE MANAGEMENT ON NATIONALITY

Article 34. Responsibilities of Ministry of Justice

Ministry of Justice shall assist the government in performing joint state management on nationality and have following tasks and powers:

1. Issue or request competent agencies to issue legislative documents on nationality and organize implementation of nationality laws.

2. Direct, instruct, train and improve professional operations regarding nationality of public officials and employees working in nationality-related affairs.

3. Publicize, popularize and raise awareness regarding nationality laws.

4. Issue, provide guidance on use and manage forms of nationality registry and documents.

5. Inspect and handle affairs related to Vietnamese nationality, relevant accusations and violations related to nationality.

6. Examine documents and cooperate with Ministry of Public Security in verifying nationality documents as per the law.

7. Take charge and cooperate with Ministry of Foreign Affairs and Ministry of Public Security in negotiating and signing international agreements relating to nationality.

8. Conduct research and apply information technology in state management on nationality and handling of nationality documents.

9. Store nationality documents

10. Consolidate and list all handled nationality-related affairs and report to Prime Minister.

Article 35. Responsibilities of Ministry of Foreign Affairs

1. Ministry of Foreign Affairs shall cooperate with Ministry of Justice in performing state management on nationality at representative bodies and have following tasks and powers:

a) Direct and instruct representative bodies to jointly implement legislative documents on nationality;

b) Examine and inspect nationality affairs at representative bodies;

c) Improve nationality operation for members of diplomatic missions and consular posts;

d) Publicize and popularize nationality laws for overseas Vietnamese;

dd) Handle accusations and take actions against violation regarding nationality within their competence;

e) Collect and annul Vietnamese passports, ID cards and Citizen Identity Cards issued to persons subject to renunciation, denaturalization or annulment of decisions on naturalization of Vietnamese nationality who are residing overseas as per the law;

g) Collect papers related to Vietnamese nationality illegally issued by representative bodies.

h) Consolidate and list all handled nationality affairs at representative bodies and submit Ministry of Justice as per the law.

2. Representative bodies shall have following tasks and powers:

a) Accept and handle applications for restoration and renunciation of Vietnamese nationality within their competence; request the President to denaturalize Vietnamese nationality; verify Vietnamese nationality; issue certificates of Vietnamese nationality; issue certificates of Vietnamese origin as per the law;

b) Assign members of diplomatic missions and consular posts to accept and handle documents on nationality within their competence;

c) Publicize and popularize nationality laws for overseas Vietnamese;

d) Store nationality registry and documents;

dd) Consolidate and list all handled nationality-related affairs and report to Ministry of Foreign Affairs as per the law;

e) Handle accusations and take actions against violation regarding nationality within their competence.

Article 36. Responsibilities of Ministry of Public Security

Ministry of Public Security shall cooperate with Ministry of Justice in handling nationality-related affairs and have following tasks and powers:

1. Appraise, verify or direct competent police authorities to verify record of persons subject to naturalization, restoration and renunciation of Vietnamese nationality; denaturalization of Vietnamese nationality; annulment of decisions on naturalization of Vietnamese nationality; verification of Vietnamese nationality.

2. Direct competent police authorities in verifying authenticity of documents issued by competent police authorities that can prove Vietnamese nationality according to Clause 2 and Clause 3 Article 11 of Law on Vietnamese Nationality at request of Departments of Justice, representative bodies or other competent agencies.

3. Direct to handle residence registration, issuance of Vietnamese passports, ID cards and Citizen Identity Cards for persons subject to naturalization and restoration of Vietnamese nationality; removal of residence registration, collection and disposal of Vietnamese passports, ID cards and Citizen Identity Cards of persons subject to renunciation, denaturalization and annulment of decisions on naturalization of Vietnamese nationality as per the law.

4. Cooperate in taking actions against violations in handling nationality-related affairs.

Article 37. Responsibilities of provincial People’s Committees

1. Provincial People’s Committees shall perform state management on nationality in provinces and have following tasks and powers:

a) Accept and handle applications for naturalization, restoration and renunciation of Vietnamese nationality within their competence; request the President to denaturalize Vietnamese nationality and annul decisions on naturalization of Vietnamese nationality; verify Vietnamese nationality; issue certificates of Vietnamese nationality; issue certificates of Vietnamese origin as per the law;

b) Publicize, popularize and raise awareness regarding nationality laws;

c) Store nationality registry and documents;

d) Handle accusations and take actions against violation regarding nationality within their competence;

dd) Consolidate and list all handled nationality-related affairs and report to Ministry of Justice as per the law;

e) Hold formal and meaningful ceremony on assignment of decisions of the President on naturalization of Vietnamese nationality;

g) Collect papers related to Vietnamese nationality illegally issued by Departments of Justice.

2. Departments of Justice shall assist provincial People’s Committees in performing tasks and powers specified in Points a, b, c, dd and e Clause 1 of this Article.

Article 38. Transition clauses

Nationality-related documents accepted before the effective date hereof that have not been fully processed shall continue to be processed according to Decree No. 78/2009/ND-CP dated September 22, 2009 of Government on elaborating to a number of Articles of Law on Vietnamese Nationality and Decree No. 97/2014/ND-CP dated October 17, 2014 of Government on amendments to a number of Articles of Decree No. 78/2009/ND-CP dated September 22, 2009 of Government on elaborating to a number of Articles of Law on Vietnamese Nationality.

Article 39. Entry into force

This Decree comes into force from March 20, 2020.

This Decree shall replace Decree No. 78/2009/ND-CP dated September 22, 2009 of Government on elaborating to a number of Articles of Law on Vietnamese Nationality and Decree No. 97/2014/ND-CP dated October 17, 2014 of Government on amendments to a number of Articles of Decree No. 78/2009/ND-CP dated September 22, 2009 of Government on elaborating to a number of Articles of Law on Vietnamese Nationality.

Joint Circular No. 05/2010/TTLT/BTP-BNG-BCA dated March 1, 2010 of Ministry of Justice, Ministry of Foreign Affairs and Ministry of Public Security on elaborating to Decree No. 78/2009/ND-CP dated September 22, 2009 of Government on elaborating to a number of Articles of Law on Vietnamese Nationality and Joint Circular No. 05/2013/TTLT/BTP-BNG-BCA dated January 31, 2013 on amendments to Article 13 of Joint Circular No. 05/2010/TTLT/BTP-BNG-BCA shall expire from the effective date hereof./.

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