Nghị định 97/2014/NĐ-CP sửa đổi Nghị định 78/2009/NĐ-CP hướng dẫn Luật Quốc tịch Việt Nam

DECREE

AMENDING AND SUPPLEMENTING SOME ARTICLES OF THE GOVERNMENT’S DECREE No. 78/2009/ND-CP DATED SEPTEMBER 22, 2009 STIPULATING IN DETAIL AND GUIDING THE IMPLEMENTATION OF THE LAW ON VIETNAMESE NATIONALITY

Pursuant to Law on Government organization dated December 25, 2001;

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

Pursuant to Law on amending and supplementing some articles of the Law on Vietnamese nationality dated June 24, 2014;

At the proposal of the Minister of Justice,

The Government has promulgated the decree amending and supplementing some articles of the Government’s Decree No. 78/2009/ND-CP dated September 22, 2009 stipulating in detail and guiding the implementation of the Law on Vietnamese nationality.

Article 1. Amend and supplement Articles 4, 18, 19, 29 and Clause 2 of Article 30 of the Government’s Decree No.78/2009/ND-CP dated September 22, 2009 stipulating in detail and guiding the implementation of the Law on Vietnamese nationality.

1. Amend and supplement Article 4 as follows:

“Article 4. Fees for handling nationality-related issues

1. Any person who applies for, restores, discontinues Vietnamese nationality, or registers for issuance of Vietnamese passports shall pay a fee for registration except otherwise as prescribed in Clause 2 of this Article.

Fees, and collection, payment, management and use of fees shall be stipulated by the Ministry of Finance

2. Following cases are exempted from paying fees for registration when applying for, regaining Vietnamese citizenship or requesting recognition as Vietnamese nationality:

a) Persons who have made special meritorious contributions to Vietnam’s national construction and defense wish to regain Vietnamese nationality;

b) Persons living below poverty threshold as defined by the provisions of law;

c) Stateless persons who wish to apply for Vietnamese nationality as prescribed in Article 22 of the Law on Vietnamese nationality;

d) Persons applying for Vietnamese nationality without applying for Vietnamese passports.

3. Agencies that receive dossiers applying for, regaining Vietnamese nationality or requesting recognition as Vietnamese nationality shall rely on the Ministry of Finance’s decisions to decide exemption from fees for cases prescribed in Clause 2 of this Article;

2. Amend and supplement Article 18 as follows:

“Article 18. Registration for recognition as Vietnamese nationality and issuance of Vietnamese passport

1. Overseas Vietnamese who have not yet lost Vietnamese nationality and have no papers to prove their Vietnamese nationality before July 1, 2009 according to the Vietnamese Law, should make registration with overseas Vietnamese representative missions to acquire recognition as Vietnamese nationality and have Vietnamese passport issued according to the provisions set out in Article 11 of the Law on Vietnamese nationality in 2008 according to sequences, procedures defined in this Decree (hereinafter referred to as requestors).

2. Diplomatic representative agencies, consulates or other agencies are authorized to perform Vietnamese consular functions abroad (hereinafter referred to as the representative agencies) where requestors are residing, receive and handle requests for recognition as Vietnamese nationality and issue Vietnamese passport.

In the event requestors reside in a country or territory without representative agencies, dossiers may be submitted to multi-office holding agencies or any agency considered as most convenient.

The Ministry of Foreign Affairs and the Ministry of Justice shall post on their portal list of representative agencies as prescribed in this Clause”.

3. Amend and supplement Article 19 as follows:

“Article 19. Legal documents and papers used to apply for recognition as Vietnamese nationality by requestors.

1. The representative agencies shall use the following legal documents relating to Vietnamese nationality issued from 1945 to before July 01, 2009 to determine Vietnamese nationality for requestors at the time of registration:

a) Decree No.53/SL dated October 20, 1945 defining Vietnamese nationality;

b) Decree No.73/SL dated December 07, 1945 defining naturalization as Vietnamese nationality;

c) Decree No.25/SL dated February 25, 1946 amending the Decree No.53/SL dated October 20, 1945 defining Vietnamese nationality;

d) Decree No.215/SL dated August 20, 1948 defining special benefits to foreigners contributing their supports to the Vietnamese Resistance;

d) Decree No.51/SL dated December 14, 1959 abrogating Articles 5, 6 of the Decree No.53/SL dated October 20, 1945 defining Vietnamese nationality;

e) Resolution No. 1043/NQ-TVQHK6 dated February 08, 1971 of the Standing Committee of the National Assembly on discontinuation or application for Vietnamese nationality ;

g) Decision No. 268/TTg dated September 12, 1980 of the Prime Minister on discontinuation and restoration of Vietnamese nationality with respect to overseas Vietnamese;

h) The Law on Vietnamese nationality in 1988 and guiding documents;

i) The Law on Vietnamese nationality in 1998 and guiding documents;

k) International treaties relating to nationality of which Vietnam is a member.

2. Papers serving as foundations for determining Vietnamese nationality comprise:

a) Papers on births, deaths, marriages, family registers, ID cards or other relevant documents issued by competent agencies from 1945 to before July 01, 2009, in which Vietnamese nationality or related information were stated.

b) Papers on births, deaths, marriages, family registers, ID cards or other relevant documents issued before April 30, 1975 by old regime in Southern Vietnam or by foreign competent agencies in which Vietnamese nationality related information is also considered as grounds for consideration and determination of Vietnamese nationality.

3. When using Vietnamese legal documents relating to nationality or considering papers to determine Vietnamese nationality as stated in Clauses 1 and 3 of this Article, and in specific circumstances, if there is any difficulty, the representative agencies shall do a report to the Ministry of Foreign Affairs for collaboration with the Ministry of Justice and the Ministry of Public Security on providing early guidance.”

4. Amend and supplement Article 20 as follows:

“Article 20. Sequence and procedures to register for recognition as Vietnamese nationality and issuance of Vietnamese passport

1. Upon having a request for being identified as Vietnamese nationality and for issuance of Vietnamese passport, overseas Vietnamese must make a “Registration statement for recognition as Vietnamese nationality and issuance of Vietnamese Passport” according to the forms enclosed herewith, together with four (4 x 6 cm) photos (less than six months old) and a copy of the two following papers:

a) One of the papers proving such person’s identity such as identity papers, ID cards, residency papers, temporary residence cards, passports, papers valid for international traveling or other identity papers;

b) One of the papers as prescribed in Clause 2, Article 19 hereof.

2. In case requestors make direct submission of the dossier to the representative agencies as prescribed in Clause 2, Article 18 hereof, only a copy of the papers is submitted and included with originals for checking as prescribed in Clause 1 of this Article; if the dossier is sent by post, its copy should be authenticated.

3. Upon receiving the dossier, the representative agencies shall issue a receipt to requestors in which location, time of receiving, enclosed papers and time to reply are specified; in case the dossier is received by post, a receipt shall be sent by the representative agencies to requestors in the same manner.

Within a period of five working days since the receipt of the dossier, the representative agencies shall study, compare and check information in the dossier against the information declared in the Registration statement. If grounds to identify requestors as Vietnamese nationality are available, record in the register (on recognition as Vietnamese nationality) that such requestors have Vietnamese nationality according to the forms enclosed herewith. In case such persons request issuance of Vietnamese passport, the representative agencies shall perform procedures on issuing Vietnamese passport to them or ask them to perform procedures at the office of the representative agencies if the dossier is received by post.

For persons who request identification as Vietnamese nationality and no issuance of Vietnamese passport, after recording in the register that such person have Vietnamese nationality, the representative agencies shall issue a copy confirming identification as Vietnamese nationality of such persons according to the form enclosed hereof, in which purpose and time limit for use of the copy should be specified.

If such persons have requests for issuance of Vietnamese passports in the future, the representative agencies shall rely on information recorded in the register and issue a written proposal to the Ministry of Justice and the Ministry of Public Security for studying, verification and giving comments.

4. In case the representative agencies find no adequate grounds for determining Vietnamese nationality, the followings should done:

a) In case requestor was born in Vietnam and had permanent residence in Vietnam:

The representative agencies shall study and check the information declared in the Registration statement against identity papers and attached relevant papers, and upon finding any information as grounds for determining Vietnamese nationality of such persons (such as papers bearing Vietnamese full names; place of birth, place for registering births, deaths and marriages in Vietnam; institutions of education and training, agencies, organizations in Vietnam where such persons studied and worked, residence address in Vietnam before leaving the country; full name and address of relatives in Vietnam), the representative agencies shall send a document enclosed with such papers to the Ministry of Foreign Affairs for proposal to the Ministry of Public Security, Ministry of Justice for verification according to the provision set out in Clause 5 of this Article.

After receiving verification results and upon finding grounds for determination of Vietnamese nationality, the representative agencies shall record in the register that such persons have Vietnamese nationality; issuance of passports or a copy of recognition of such persons as Vietnamese nationality shall be executed according to the provisions set out in Clause 3 of this Article.

In case home-based agencies have no grounds for determination of Vietnamese nationality, the representative agencies shall reply in writing to such requestor that he/she has no grounds for determination of Vietnamese nationality.

b) In case a requestor was born abroad and has never resided in Vietnam:

The representative agencies shall study identity papers and attached relevant papers, and upon finding any information as grounds for determining Vietnamese nationality of such persons, shall carry out interviews, examination and verification for clarity. Based on dossier and results from interviews and verification, and upon finding any ground for Vietnamese nationality, the representative agencies shall record in the register that such persons have Vietnamese nationality; issuance of passports or a copy of recognition of such persons as Vietnamese nationality shall be executed according to the provisions set out in Clause 3 of this Article.

In case grounds to determine Vietnamese nationality are not available, the representative agencies shall reply in writing to such requestor that he/she has no grounds for determination of Vietnamese nationality.

5. Within a period of five working days since receipt of a request for verification of nationality as prescribed in Point a, Clause 4 of this Article, the Ministry of Foreign Affairs shall send a written proposal to the Ministry of Public Security or the Ministry of Justice for verification and investigation.

6. Within a period of 45 days since receipt of such written proposal, the Ministry of Public Security, Ministry of Justice shall carry out verification, investigation and response to the Ministry of Foreign Affairs.

After receiving written response from the Ministry of Public Security, Ministry of Justice regarding results from verification and investigation, the Ministry of Foreign Affairs shall send a written notice of such results to the representative agencies for concluding if such person has Vietnamese nationality.

5. Amend and supplement Clause 2, Article 30 as follows:

“Article 30. Responsibilities of representative agencies

... 2. “Receive and handle requests for recognition as Vietnamese nationality and issue Vietnamese passports to overseas Vietnamese".

Article 2. Abrogate Clause 12 of Article 26 and Clauses 6, 7 of Article 27, and Clause 7 of Article 30 of the Government’s Decree No.78/2009/ND-CP dated September 22, 2009 stipulating in detail and guiding the implementation of the Law on Vietnamese nationality.

Article 3. Effect

1. This Decree comes into force since December 01, 2014.

2. The Ministry of Justice, the Minister of Foreign Affairs and the Minister of Public Security shall be responsible for coordinating the execution of this Decree.

3. Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, the Presidents of People’s Committees of central-affiliated cities and provinces shall be responsible for executing this Decree.