Thông tư liên tịch 05/2009/TTLT-BCA-BNG hướng dẫn thủ tục giải quyết cho công dân Việt Nam định cư ở nước ngoài đăng ký thường trú tại Việt Nam do Bộ Công an - Bộ Ngoại giao ban hành

JOINT CIRCULAR

GUIDING THE PROCEDURES FOR OVERSEAS VIETNAMESE TO REGISTER PERMANENT RESIDENCE IN VIETNAM

Pursuant to Residence Law No. 81/2006/QH11 dated November 29, 2006;
Pursuant to the Government’s Decree No. 107/2007/ND-CP dated June 25, 2007, detailing and guiding a number of articles of the Residence Law;
Pursuant to the Government’s Decree No. 136/2007/ND-CP dated August 17, 2007, on exit and entry of Vietnamese citizens;s
Pursuant to the Prime Minister’s Directive No. 19/2008/CT-TTg dated June 6, 2008, enhancing the implementation of the Government’s action program on overseas Vietnamese-related affairs;
The Ministry of Public Security and the Ministry of Foreign Affairs jointly guide the procedures for overseas Vietnamese to register residence in Vietnam as follows:

I. SUBJECTS AND SCOPE OF APPLICATION

1. This Circular applies to overseas Vietnamese holding valid passports or passport substitute papers granted by foreign authorities (below collectively referred to as foreign passports) who register permanent residence in Vietnam.

2. This Circular also applies to overseas Vietnamese who do not hold foreign passports, but permanent residence papers granted by foreign authorities.

3. Overseas Vietnamese holding valid Vietnamese passports may register residence in Vietnam according to Item b, Point 1, Section II of the Public Security Ministry’s Circular No. 06/2007/TT-BCA-C11 dated July 1, 2007.

4. This Circular does not apply to the following subjects:

- Persons having renounced Vietnamese nationality. If wishing to register permanent residence in Vietnam, they shall carry out procedures to restore Vietnamese nationality under Vietnamese law.

- Persons ineligible for entry into Vietnam under Clause 1, Article 8 of the 2000 Ordinance on Entry, Exit and Residence of Foreigners in Vietnam.

II. ORDER AND PROCEDURES FOR OVERSEAS VIETNAMESE TO PERMANENTLY RESIDE IN VIETNAM

A. A DOSSIER OF REQUEST FOR PERMANENT RESIDENCE IN VIETNAM, WHICH SHALL BE MADE IN TWO SETS, COMPRISES:

1. An application for permanent residence in Vietnam (made according to a set form);

2. A certified copy of foreign passport or residence paper granted by a foreign authority (or a photocopy enclosed with the original for comparison);

3. The certified copy of any of the following papers evidencing Vietnamese nationality:

- Birth certificate; when the birth certificate does not clearly show the applicant’s Vietnamese nationality, it must be enclosed with papers evidencing Vietnamese nationality of his/her parents;

- Identity card;

- Vietnamese passport;

- Decision on restoration of Vietnamese nationality, decision on recognition of adoption of a foreign child or decision on a foreigner’s adoption of a Vietnamese child;

- Other papers granted by competent Vietnamese authorities certifying the applicant’s retention of Vietnamese nationality under Vietnam law on nationality.

4. Three 4 cm x 6 cm recent photos with white background showing the applicant looking straight, bareheaded and wearing no color glasses (2 photos glued to the application and the other left loose);

5. Either of the following papers evidencing that the applicant lawfully has homes in Vietnam:

5.1. For those having owned homes in Vietnam:

The certified copy of any of the following papers evidencing accommodation lawfully owned by the applicant (or the photocopy enclosed with the original for comparison); certificate of house ownership; papers on purchase, sale, donation, grant, exchange or inheritance of the house; house purchase contract or papers evidencing the handover of the house by a licensed real estate developer; legally effective documents of a court or competent state administrative agency allowing house ownership.

5.2. For those lawfully having homes by lease or borrowing of or permitted stay in houses of other individuals:

- Certified copy of the contract on lease or borrowing of or permission of stay in houses of an individual (or a photocopy enclosed with original for comparison);

- Document evidencing the consent to the applicant’s permanent residence registration of the person who leases or lends the house to the applicant or allows him/her to stay in the house;

- Certified copy of papers and documents evidencing the house ownership of the person who leases or lends the house to the applicant or allows him/her to stay in the house (or photocopy enclosed with the original for comparison).

6. Overseas Vietnamese applicants who wish to permanently reside in centrally run cities shall, in addition to the above papers, produce any of the following papers evidencing their eligibility for registering permanent residence in those cities (under Clauses 1, 2 and 4, Article 20 of the Residence Law):

6.1 Overseas Vietnamese who lawfully have homes shall produce either of the following papers evidencing their constant temporary residence in those cities for at least one year:

- Paper on temporary residence for a definite duration or written certification of the police of wards, communes or townships on temporary residence duration;

- Temporary residence book or written certification of the police of wards, communes or townships on registered temporary residence duration.

6.2. An overseas Vietnamese who is allowed by the household residence book owner to be named in this book shall produce any of the following papers evidencing the blood relation between them:

- A wife living with her husband; a husband living with his wife; a child living with his/her parent(s); a farther or mother living with his/her child;

- Person beyond the working age, on pension, resigning on poor health or being laid-off and living with blood sibling;

- Person with disabilities, losing working capacity or suffering from mental illness or other diseases which render him/her in capable of perceiving or controlling his/her act, and living with blood sibling, aunt or uncle, or guardian;

- Minor whose parent die or cannot afford his/her and living with paternal or maternal grandparents, blood sibling, aunt or uncle, or guardian;

- Single minor living with paternal or maternal grandparents.

When papers evidencing the above blood relations are unavailable, the surety shall make a written explanation which is certified by the commune-level People’s Committee of the locality where his/her permanent residence is registered.

6.3. Papers evidencing that overseas Vietnamese has previously registered permanent residence in centrally run cities and now they return to these cities to live in their lawful homes.

7. An overseas Vietnamese who applies for registration of permanent residence in a religious institution in Vietnam and practice religious activities shall obtain written permission of the head of the religious institution for such residence registration enclosed with papers evidencing that the applicant is a religious dignitary, religious person or religious activist under the law on beliefs and religions, and written permission of a competent Vietnamese agency in charge of religious affairs of the applicant’s religious activities in Vietnam.

B. PLACES FOR SUBMITTING DOSSIERS AND PAYING FEES:

1. Overseas Vietnamese applying for permanent residence in Vietnam shall submit their dossiers to either of the following agencies:

- Vietnamese missions in countries where they are residing:

- The Immigration Management Department of the Ministry of Public Security or Immigration Management Sections of provinces and centrally run cities in which applicants wish to permanently reside.

2. Persons who are allowed to permanently reside in Vietnam shall pay fees under the Ministry of Finance’s regulations.

C. RESPONSIBILITIES OF FUNCTIONAL AGENCIES AND APPLICANTS FOR PERMANENT RESIDENCE IN VIETNAM

1. Overseas Vietnamese missions shall:

- Guide procedures and receive dossiers of applicants for permanent residence in Vietnam. Within 10 working days after receiving a complete and valid dossier, submit 1 set of dossier (the original) enclosed with their opinions to the Immigration Management Department;

- Within 5 working days after receiving a written notice of the Immigration Management Department (permitting, or stating a reason for refusal to permit, permanent residence in Vietnam), notify the applicant in writing of results of his/her application:

- Grant repatriation laissez-passers to persons permitted to permanently reside in Vietnam. Such a laissez-passer shall be granted on a case-by-case basis, is valid for 12 months from the date of issuance and may not be extended.

2. The Immigration Management Department shall:

- Within 60 days after receiving complete and valid dossiers (at home or from overseas Vietnamese missions), complete the consideration and grant permission for overseas Vietnamese’s permanent residence in Vietnam;

- Notify settlement results to overseas Vietnamese missions and functional agencies of the Ministry of Foreign Affairs (if dossiers are submitted overseas); to provincial-level Police Departments, functional agencies of the Ministry of Foreign Affairs and relatives of applicants (if dossiers are submitted at home). For applicants who are temporarily residing in Vietnam, the Immigration Management Department’s notice permitting permanent residence sent to relatives of applicants substitutes the repatriation laissez-passer;

- In the course of consideration and settlement, even when overseas Vietnamese have registered permanent residence in Vietnam, if detecting frauds in obtaining repatriation laissez-passers, verify such cases and, depending on the nature and severity of violation, handle or refer them to functional agencies for handling under Vietnam law.

3. Police Departments of provinces and centrally run cities shall:

- Within 30 working days after receiving complete and valid dossiers, forward those dossiers enclosed with their opinions and recommendations to the Immigration Management Department;

- Guide necessary procedures and create favorable conditions for overseas Vietnamese to carry out procedures for registering permanent residence in Vietnam.

4. Overseas Vietnamese applying to permanently reside in Vietnam shall:

- Make truthful declarations of their backgrounds, activities in the past and purpose of permanent residence in Vietnam;

- Pay fees under the Ministry of Finance’s regulations if being permitted for permanent residence in Vietnam;

- Submit valid dossiers under this Circular;

- Contact overseas Vietnamese missions to receive repatriation laissez-passers within 12 months after receiving notice, if being permitted for permanent residence in Vietnam, Promptly contact Police Departments of provinces or cities in which they register permanent residence to carry out permanent residence registration procedures under regulations;

- Overseas Vietnamese who get repatriation laissez-passers after more than 12 months from the date of receiving notice or fail to carry out permanent residence registration procedures (for those submitting dossiers at home) shall carry out the following procedures:

+ Submit 2 applications for repatriation laissez-passer (made according to a set form) and two 4 cm x 6 cm recent photos, if such applications are submitted within 24 months from the date of receiving notice.

+ Past the 24 month limit, compile dossiers of application for permanent residence in Vietnam again.

- Overseas Vietnamese having registered permanent residence in Vietnam who wish to exit or enter Vietnam shall carry out procedures to apply for Vietnamese passports for use like Vietnamese permanently residing in the country and may not use foreign passports or permanent residence papers granted by foreign authorities to exit or enter Vietnam.

III. ORGANIZATION OF IMPLEMENTATION

1. Pursuant to Article 27 of the Government’s Decree No. 136/2007/ND-CP dated August 17, 2007, on exit and entry of Vietnamese citizens, the director of the Immigration Management Department shall promulgate forms of the following paper after consulting the director of the Consular Department:

- Repatriation laissez-passer;

- Application for permanent residence in Vietnam;

- Notice on result of settlement of overseas Vietnamese’s application for permanent residence in Vietnam.

2. The Immigration Management Department shall guide immigration management sections of Police Departments of provinces and centrally run cities in implementing this Circular.

3. The Consular Department shall guide overseas Vietnamese missions in implementing this Circular.

4. This Circular takes effect 45 days from the date of its signing and replaces the following documents:

- Joint Circular No. 06/TT-LT dated January 29, 1997, of the Ministry of the Interior (now the Ministry of Public Security) and the Ministry of Foreign Affairs, guiding the Prime Minister’s Decision No. 875/TTg dated November 21, 1996, on settlement of repatriation of overseas Vietnamese;

- Joint Circular No. 04/2005/TTLT-BCA-BNG dated November 28, 2005, of the Ministry of Public Security and the Ministry of Foreign Affairs, amending and supplementing Joint Circular No. 06/TT-LT dated January 29, 1997, of the Ministry of the Interior (now the Ministry of Public Security) and the Ministry of Foreign Affairs.