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GOVERNMENT OF
VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No. 191/2025/ND-CP
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Hanoi, July 01,
2025
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DECREE
Elaborating certain articles and measures for organization
of and guidance on the implementation of the Law on Vietnamese Nationality
Pursuant to the Law on Government Organization
dated February 18, 2025;
Pursuant to the Law on Vietnamese Nationality
dated November 13, 2008; and the Law on amendments to the Law on Vietnamese
Nationality dated June 24, 2014; the Law on amendments to the Law on Vietnamese
Nationality dated June 24, 2025;
At the request of the Minister of Justice;
The Government hereby promulgates a Decree
elaborating certain articles and measures for organization of and guidance on
the implementation of the Law on Vietnamese Nationality.
Chapter I
GENERAL PROVISIONS
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This Decree provides detailed regulations on Clause
6 of Article 5, Clause 5 of Article 11, Clause 3 of Article 13, Article 19,
Clause 3 of Article 20, Article 23, Clause 2 of Article 24, Clause 5 of Article
27, Clause 3 of Article 28, Clause 1 of Article 32, Clause 1 of Article 34, and
Clause 7 of Article 39 of the Vietnamese Nationality Law and measures for
implementation of the Vietnamese Nationality Law regarding the determination of
nationality for children during birth registration procedures; verification of
applications for acquisition, reinstatement or renunciation of Vietnamese
nationality; the responsibilities of the Ministry of Justice in processing
applications for acquisition, reinstatement and renunciation of Vietnamese
nationality; issuing decisions to grant Vietnamese nationality; announcing the
results of the resolution of nationality-related works; issuing certificates of
Vietnamese descent; the responsibilities of agencies in state management of
nationality; and the construction, management, updating, connection, sharing,
exploitation, and use of the Nationality Database.
Article 2. Consular
legalization, translation into Vietnamese of documents in the application for
acquisition, reinstatement, renunciation of Vietnamese nationality, and the
resolution of other works related to Vietnamese nationality
Documents in the application for acquisition,
reinstatement, renunciation of Vietnamese nationality, and resolution of other
works related to Vietnamese nationality issued by a foreign authority must be
certified to be legally used in Vietnam, except in cases where consular
legalization is exempted as prescribed by Vietnamese law or international
treaties of which the Socialist Republic of Vietnam is a member.
Documents in the application for acquisition,
reinstatement, renunciation of Vietnamese nationality, and resolution of other
works related to Vietnamese nationality written in foreign language must be
translated into Vietnamese; the translation must be certified by the
translator's signature in accordance with the laws of Vietnam.
Article 3. Nationality database
1. The nationality database is a collection of data
regarding entities that have Vietnamese nationality granted, reinstated or
deprived, have decisions to grant Vietnamese nationality or decisions to
reinstate Vietnamese nationality canceled, have been granted certificates of
Vietnamese nationality, and issuing certificates of Vietnamese descent. This
database is developed, managed, updated, connected, shared, exploited and used
online to serve the state management of nationality.
2. The Ministry of Justice shall directly perform
the state management of the nationality database. The Ministry of Foreign
Affairs, the Ministry of Public Security, provincial People's Committees,
Departments of Justice, diplomatic missions, consular missions, or other agencies
authorized to perform the consular functions of Vietnam abroad (hereinafter
referred to as “representative office”) and other agencies as prescribed by law
are entitled to access and exploit nationality-related information to serve the
state management.
Article 4. Establishing,
managing, updating, connecting, sharing, exploiting and using the Nationality
Database
1. The Ministry of Justice shall:
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b) Issue regulations on management, updating,
connection, sharing, exploitation and use of the Nationality Database;
c) Develop and implement the Software for managing
and processing nationality applications (hereinafter referred to as “the
Software”) to digitize nationality data and address nationality-related works.
2. The Department of Justice and the representative
offices are responsible for updating, exploiting and using the Nationality
Database through the Software.
3. The data in the nationality database is established
from the following sources:
a) The data is generated through the resolution of
nationality-related works on the Software;
b) Data digitized from records related to the
resolution of nationality-related works;
c) The data is connected and shared from the
electronic civil status database, the national population database, and other
related databases.
4. The nationality database must be updated fully,
accurately and promptly while ensuring information security and cybersecurity
in accordance with legal regulations. The updating, sharing, exploitation and
use of information for the nationality database must comply with the legal
regulations on protection of privacy, personal secrets, family secrets, the
provisions of the Vietnamese Nationality Law and other relevant laws.
5. The connection, sharing, exploitation and use of
information between the nationality database and the electronic civil status
database, the national population database and other related databases must
ensure efficiency, comply with regulations on the management of data connection
and sharing within regulatory agencies, regulations on information security and
cybersecurity, and align with the functions, duties and powers of agencies and
organizations, as well as other relevant legal provisions.
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1. An applicant for reinstatement or renunciation
of their Vietnamese nationality, or resolution of other nationality-related
works may submit an application online, in person or via postal service to the
authority competent to accept the application in accordance with the provisions
of the Law on Vietnamese Nationality and this Decree, and may not authorize
others to submit the application on their behalf.
An applicant for Vietnamese nationality must
directly submit their application at the Department of Justice or the
representative office where they reside, except in cases specified in Clause 2
of this Article.
In cases where individuals apply for acquisition,
reinstatement or renunciation of Vietnamese nationality or resolution of other
nationality-related works in countries or territories without a representative
office, they should submit their applications at the nearest concurrent
representative offices or the most convenient representative office.
2. The request for resolving nationality-related
works for minors, individuals with restricted civil capacity and those
experiencing difficulties in perception and behavioral control shall be carried
out by their legal representatives in accordance with the provisions of civil
law.
3. In cases where the law stipulates that submitted
documents must be copies, applicants for the resolution of nationality-related
works may submit documents that are photocopies of the originals; certified
copies from the originals; copies issued from the master registers; electronic
copies of these documents; or documents that are integrated and displayed on
the electronic identification application (VNeID). If a photocopy from the
original is submitted, the original must be available for comparison; the
recipient will check and compare the copy with the original and add a
countersign to confirm the comparison.
In the event that the applicant submits their
application online, it shall be carried out in accordance with the provisions
of Article 6 of this Decree. In the case where the application is sent via
postal service, the documents included in the application must be certified
from the original or issued from the master register; the application form,
declaration and personal history must have their signatures certified in
accordance with legal regulations.
4. The recipient is responsible for verifying the
validity of the documents in the application. In cases where the application is
incomplete or inaccurate according to regulations, guidance must be provided
immediately to the applicant for the resolution of nationality-related works to
supplement, complete the application, and clearly state the reasons according
to the supplementation request form; in cases where the application is complete
and accurate according to regulations, the case handler shall accept the
application and record it in the acceptance register.
5. The receiving authority shall create a complete
list of all documents in each application, along with a list of applicants for
the resolution of nationality-related works in accordance with the prescribed
form.
For applications for renunciation of Vietnamese
nationality, the receiving authority is responsible for classifying the
applications into those exempt from verification of personal identity as
stipulated in Article 30 of the Law on Vietnamese Nationality and those that
require verification of personal identity.
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6. The results of the resolution of
nationality-related works are returned directly, online or sent via postal
services to the applicant, except in cases provided for in Clause 7 of this
Article.
7. The issuance of a decision to grant Vietnamese
nationality shall comply with the provisions of Article 16 of this Decree.
Article 6. Processing
applications for nationality online
The processing of applications for nationality
online as stipulated in Clause 7, Article 39 of the Vietnamese Nationality Law
shall comply with the provisions of the law on the implementation of
administrative procedures under the single-window system and interlinked
single-window system at the One-stop Division and the National Public Service
Portal, and the provisions of this Decree as follows:
1. The applicant must log in to their account on
the National Public Service Portal, which is connected to the information
system for processing administrative procedures at the ministerial and
provincial levels, submit the application as required, provide information
according to the interactive electronic form, enclosed with the electronic
copy. In cases where the electronic information and data of the applicant have
been connected and shared among databases, the applicant is not required to
provide the information again or attach documents.
In cases where there is no electronic version,
copies or photocopies of the required documents; fees and charges shall be paid
using the payment feature of the National Public Service Portal, other payment
platforms, or other methods according to the provisions of the law.
2. After completing the application submission, the
applicant will be issued with a number for administrative procedures to monitor
and check the progress of processing or to access and complete the application
when requested by the receiving authority.
3. The electronic application for reinstatement or
renunciation of Vietnamese nationality, issuance of a Certificate of Vietnamese
nationality, or issuance of a Certificate of Vietnamese descent shall be
submitted at the National Public Service Portal and through the information
system for handling administrative procedures at the ministerial and provincial
levels, which will be forwarded to the Software for processing by the competent
authorities.
In the event that the Ministry of Justice decides
to refuse to process the application in accordance with clauses 1, 2, 4, and 7
of Article 14 of this Decree, a notification shall be sent to the receiving
authority through the Software to inform the applicant.
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a) Receive the electronic document sent via email
or the electronic data management repository of that organization or
individual;
b) Receive the electronic document sent to the
digital device through an appropriate data transmission method, ensuring the
safety and confidentiality of the information.
c) Receive the physical document through postal
services and pay the fee for the results;
d) Receive the physical document at the receiving
authority.
5. The Department of Justice or the representative
office under their jurisdiction shall receive and resolve requests regarding
nationality online in accordance with the level of implementation of online
public services in the field of nationality.
Article 7. Documents proving
Vietnamese nationality as prescribed in Clause 5 Article 11 of the Law on
Vietnamese Nationality
1. The certificate of Vietnamese nationality issued
in accordance with the provisions of Article 30 of this Decree.
2. The extract recorded in the civil status
register regarding the birth registration that has been completed at the
competent authority of a foreign country, issued in accordance with the
provisions of the law.
Article 8. Annulment of the
validity of documents proving Vietnamese nationality issued to individuals who
have renounced their nationality, been deprived of nationality, or had their
decisions to grant Vietnamese nationality or decisions to reinstate Vietnamese
nationality cancelled
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2. The termination of permanent residency
registration, the revocation and cancellation of the validity of Vietnamese
passports, citizen ID cards, ID cards, and e-ID keys in the cases specified in
clause 1 of this Article shall comply with the provisions of clause 3 of
Article 26 and clause 2 of Article 28 of this Decree and related laws.
In the case of civil status documents for
individuals who have renounced Vietnamese nationality, had their Vietnamese
nationality deprived, or had their decision to reinstate Vietnamese nationality
cancelled, where the documents indicate Vietnamese nationality, the
notification and annotation in the Civil status register regarding the change
of nationality shall comply with the provisions of Article 27 of this Decree
and the laws on civil status.
Article 9. Determination of the
nationality of children when carrying out the birth registration procedures as
stipulated in Clause 2, Article 16 of the Law on Vietnamese Nationality
1. Children born to a Vietnamese citizen as one
parent and a foreign citizen as the other shall have their Vietnamese
nationality determined in accordance with the provisions of Clause 2, Article
16 of the Law on Vietnamese Nationality as follows:
a) Children who hold Vietnamese nationality shall
have it chosen by their parents in accordance with their agreement when
registering for birth.
b) In the case where a child is born on the
territory of Vietnam and the parents cannot reach an agreement on the choice of
nationality for their child when registering for birth, that child shall have
Vietnamese nationality. Either parent shall execute a written declaration
affirming that they have not reached an agreement regarding the selection of nationality
for their child and shall assume responsibility for this declaration.
c) In the case where a child has been registered
for birth at a competent foreign authority and holds foreign nationality, that
child may acquire Vietnamese nationality if the parents agree to choose
Vietnamese nationality for their child when recording the birth and the
retention of foreign nationality in the civil status register, must comply with
the laws of the country whose nationality the child holds. Parents of the child
must provide a declaration regarding the retention of foreign nationality in
accordance with the laws of the country of which the child holds nationality,
and they shall be responsible for this declaration.
2. When carrying out the birth registration procedure
at a competent authority in Vietnam, in the case of a child having dual
Vietnamese and foreign nationality, the child's name may be a compound of a
Vietnamese name and a foreign name.
Article 10. Prohibited actions
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a) Using fake documents, altered documents or
documents that have been erased to distort the content; making untruthful
declarations, engaging in fraudulent activities and providing false declarations
in order to process nationality-related works.
b) Using documentation that is no longer valid for
proving Vietnamese nationality as stipulated in Clause 1 of Article 8 of this
Decree to demonstrate that one holds Vietnamese nationality;
c) Abusing the conferred authority to issue
documents regarding Vietnamese nationality, documents proving Vietnamese
nationality, or other documents stating Vietnamese nationality in violation of
legal regulations; providing confirmation without basis, providing inaccurate
confirmation regarding the applicants for acquisition, for reinstatement or for
renunciation of Vietnamese nationality;
d) Exploiting the process of acquiring or
reinstating or renouncing Vietnamese nationality; taking advantage of the
application for holding foreign nationality when acquiring or reinstating
Vietnamese nationality to jeopardize the security, national interests, and
social order and safety of the Socialist Republic of Vietnam; or to harm the
legitimate rights and interests of agencies, organizations and citizens of
Vietnam.
2. Individuals and organizations that commit acts
specified in clause 1 of this Article shall be dealt with in accordance with
the law, depending on the nature and severity of violations; the documents
specified in point b of clause 1 of this Article, as well as the documents
issued in the cases specified in point a and point c of clause 1 of this
Article, shall be deemed invalid and must be revoked or canceled.
3. In cases where individuals have acquired Vietnamese
nationality in accordance with Article 19 of the Law on Nationality of Vietnam,
or individuals who are reinstated to Vietnamese nationality under Article 23 of
the Law on Vietnamese Nationality, and are found to have committed acts
specified in points a and d of Clause 1 of this Article, the Ministry of
Justice shall finalize the dossier and report to the Prime Minister to present
to the President for the annulment of the Decision to grant Vietnamese
nationality and the Decision to reinstate Vietnamese nationality according to
the provisions of Article 33, Article 34 of the Law on Vietnamese Nationality
and Article 25 of this Decree.
Chapter II
PROCEDURES
FOR ACQUISITION, REINSTATEMENT, RENUNCIATION, DEPRIVATION OF NATIONALITY OR
CANCELATION OF DECISIONS TO GRANT VIETNAMESE NATIONALITY OR DECISIONS TO
REINSTATE VIETNAMESE NATIONALITY
Section 1. Acquisition of
Vietnamese nationality
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1. Knowing Vietnamese sufficiently to integrate
into the Vietnamese community is the ability to listen, speak, read, and write
in Vietnamese appropriately according to the living and working environment of
the applicant for Vietnamese nationality.
2. An applicant for Vietnamese nationality who is
not exempt from the permanent residence conditions stipulated in points d and
dd of clause 1, Article 19 of the Law on Vietnamese Nationality must be a
person currently residing permanently in Vietnam and has been issued with a
Permanent Residence Card by the competent authority of Vietnam.
The duration of permanent residence in Vietnam for
an applicant for Vietnamese nationality shall start from the date on which the
applicant is granted a Permanent Residence Card.
3. The ability to ensure livelihood in Vietnam for
an applicant for Vietnamese nationality is demonstrated by their assets, legal
sources of income or sponsorship by organizations or individuals in Vietnam.
Article 12. In cases of
special contributions to the cause of building and protecting the Fatherland of
Vietnam, which are beneficial to the Socialist Republic of Vietnam as
stipulated in Clause 6 of Article 5 and Clause 3 of Article 19 of the Law on
Vietnamese Nationality
1. Individuals who have made special contributions
to the cause of building and protecting the Fatherland of Vietnam must be
awarded medals, decorations or other noble titles by the State of the
Democratic Republic of Vietnam, the Provisional Revolutionary Government of the
South Vietnam Republic, the Socialist Republic of Vietnam, or recognized by the
competent authorities of Vietnam for their special contributions based on the
documentation, opinions from relevant agencies and organizations, and the
provisions of related laws.
2. Entities deemed beneficial to the Socialist
Republic of Vietnam include:
a) Individuals with exceptional talent in the
fields of science, technology, innovation, digital transformation, economy,
law, culture, society, arts, sports, health, education or other fields whose
talent has been recognized by state management agencies at the ministerial
level or who have received international awards, medals, or decorations in
cases where there is evidence to show that the individuals will contribute
positively and sustainably to the development of the aforementioned fields in
Vietnam;
b) Entrepreneurs and investors who are individuals
engaged in business and investment activities in Vietnam and have been
confirmed by the state management agencies at the ministerial level to
contribute positively and sustainably to the development of Vietnam.
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Article 13. Certain documents
in an application for acquisition of Vietnamese nationality
1. The documents specified in points b, dd, e and g
of Clause 1, Article 20 of the Law on Vietnamese Nationality are as follows:
a) Another document that can substitute for the
Birth Certificate or Passport of a stateless individual applying for Vietnamese
nationality include any document containing information about the individual's
full name, date, month, and year of birth, the individual's photograph and a
seal from a competent authority, or a laissez-passer/international travel
paper;
b) The documents proving the Vietnamese language
proficiency of the applicant for Vietnamese nationality are copies of diplomas
or certificates that demonstrate the applicant has studied in Vietnamese in
Vietnam, such as copies of doctoral degrees, master's degrees, bachelor's
degrees, or university diploma, college diploma, intermediate education diploma
(including professional secondary diploma or intermediate professional
education diploma), or high school diplomas or junior high school diplomas from
Vietnam, or copies of Vietnamese language certificates according to the
Vietnamese language proficiency framework for foreigners issued by educational
institutions in Vietnam as regulated by the Ministry of Education and Training.
In the event that an applicant for Vietnamese nationality
does not have documentation proving their Vietnamese language proficiency, the
Department of Justice shall conduct an examination and interview regarding the
applicant’s abilities in listening, speaking, reading and writing in Vietnamese
to ensure compliance with the provisions in Clause 1, Article 11 of this
Decree. The participants in the interview included representatives from the
Department of Justice and the Department of Education and Training. The results
of the examination and interview must be documented in writing. The individuals
who conduct the exams and interviews are responsible for the results of the
exams and interviews as well as their recommendations.
c) A copy of the birth certificate of the minor
child applying for Vietnamese nationality through their parents, or other valid
documents proving the parent-child relationship; in case the receiving
authority is unable to extract information verifying the parent-child
relationship from the electronic civil status database or the national
population database.
In the case of a minor child whose father or mother
is a Vietnamese citizen applying for Vietnamese nationality, if only one parent
obtains Vietnamese nationality and the minor child residing with that parent
applying for Vietnamese nationality through their parent, the application for
the child's Vietnamese nationality must include a written agreement signed by
both parents regarding the child's application for Vietnamese nationality. The
signature in the written agreement does not require notarization; the applicant
for their child's Vietnamese nationality shall be responsible for the accuracy
of the signature of the other party.
In the case where the father or mother has died,
has lost their civil capacity or has restricted civil capacity, the written
agreement may be replaced by documentation proving that the father or mother
has died, has lost their civil capacity, or has restricted civil capacity;
d) A copy of the permanent residence card, except in
the cases specified in Clause 3 of Article 19 of the Law on Vietnamese
Nationality.
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2. Those exempted from certain conditions for
acquisition of Vietnamese nationality according to the provisions in clauses 2
and 3 of Article 19 of the Law on Vietnam Nationality and Article 12 of this
Decree must submit the following documents:
a) In the case where the husband or wife of the
applicant is a Vietnamese citizen, a copy of the marriage certificate or a
certificate of marital status shall be submitted; if the biological father,
biological mother or biological child of the applicant is a Vietnamese citizen,
a copy of the birth certificate or other valid documents proving the
parent-child relationship shall be submitted; if the paternal or maternal
grandparents of the applicant are Vietnamese citizens, a copy of valid
documents to prove this shall be submitted in case the receiving authority
cannot extract information from the electronic civil status database or the
national population database;
b) Individuals who have made special contributions
to the cause of building and defending the Fatherland of Vietnam or whose
acquisition of Vietnamese nationality is beneficial to the Socialist Republic
of Vietnam, as stipulated in Article 12 of this Decree, shall submit documents
proving their eligibility in the corresponding case.
3. Applicants for both acquisition of Vietnamese
nationality and retention of foreign citizenship must provide the following
documents:
a) Documents issued by the competent authorities of
a foreign country regarding the retention of foreign nationality in accordance
with the laws of that country. In cases where the foreign law does not provide
for the issuance of this type of document, the individual must have a declaration
stating that the competent authority of the foreign country does not prescribe
the issuance of this type of document and that the request to retain foreign
nationality when acquiring Vietnamese nationality is in accordance with the
laws of that foreign country;
b) A commitment not to use foreign nationality to
harm the lawful rights and interests of agencies, organizations or individuals;
or to infringe upon the security, national interests, order, and social safety
of the Socialist Republic of Vietnam.
In the case where an applicant for both acquisition
of Vietnamese nationality and retention of foreign nationality does not fully
meet the conditions specified in Clause 6, Article 19 of the Law on Vietnamese
Nationality, they must renounce their foreign nationality.
4. Applications for Vietnamese nationality must be
prepared in triplicate and stored at the Office of the President, the Ministry
of Justice and the receiving authorities.
Article 14. Responsibilities
of the Ministry of Justice in processing applications for Vietnamese
nationality as stipulated in Clause 3, Article 21 of the Law on Vietnamese
Nationality
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In cases where an applicant for both acquisition of
Vietnamese nationality and retention of their foreign nationality have
insufficient documentation proving eligibility as specified in Clause 2 and
Clause 3 of Article 13 of this Decree, the Ministry of Justice shall issue a
written notification for the receiving authority to request the applicant to
renounce their foreign nationality.
2. Within 09 months from the date the Ministry of
Justice issues a written notification in accordance with clause 1 of this
Article, if an applicant for Vietnamese nationality does not submit a written
approval for the renunciation of foreign nationality issued by the foreign
competent authority, the Ministry of Justice shall decide to reject the
processing of the application. The 09-month period is not included in the time
limit for processing the application as prescribed in Clause 3, Article 21 of
the Law on Vietnamese Nationality.
3. When considering applications for both
acquisition of Vietnamese nationality and retention of foreign nationality under
the provisions of Clause 2 and Clause 3 of Article 19 of the Law on Vietnamese
Nationality, if the application is found to be complex or related to political
security, the Ministry of Justice shall consult with relevant ministries,
agencies or organizations before reporting to the Prime Minister for submission
to the President for review and decision.
4. In cases where the personal identity
verification results indicate that the application for acquisition of
Vietnamese nationality is detrimental to the rights and legal interests of
agencies, organizations, or individuals, jeopardizes national security,
national interests or public order and safety of the Socialist Republic of
Vietnam, the Ministry of Justice shall decide to reject the application.
5. Once the application for acquisition of
Vietnamese nationality is complete and valid, the Minister of Justice, under
the authorization of the Prime Minister, shall sign a proposal for the
President of the State to consider granting Vietnamese nationality, except in
cases specified in Clause 3 of this Article.
The regulations regarding the Minister of Justice
signing the proposal on behalf of the Prime Minister to present to the
President also apply to the submission of applications for reinstatement and
renunciation of Vietnamese nationality.
6. The decision to refuse to process the
application stipulated in clauses 1, 2 and 4 of this Article is not subject to
complaint or lawsuit in accordance with clause 8 of Article 5 of the Law on
Vietnamese Nationality.
7. Regulations on the processing of applications
for acquisition of Vietnamese nationality, applications for both acquisition of
Vietnamese nationality and retention of foreign nationality in clauses 1, 2, 3,
4 and clause 6 of this Article shall also apply to the processing of
applications for the reinstatement of Vietnamese nationality and applications
for both reinstatement of Vietnamese nationality and retention of foreign
nationality according to the provisions of Article 23 of the Law on Vietnamese
Nationality.
The provisions in clauses 1, 4 and 6 of this
Article shall also apply when processing applications for renunciation of
Vietnamese nationality in accordance with Article 27 of the Law on Vietnamese
Nationality.
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The Ministry of Justice has issued a written
request for the Ministry of Public Security to verify the personal identity in
accordance with Clause 2a, Article 21 of the Law on Vietnamese Nationality.
Within a period of 45 days from the date of receipt of the document, the
Ministry of Public Security is responsible for verifying and sending a written
response to the Ministry of Justice; in complex cases, this period may be
extended, but not exceeding 60 days.
Article 16. Issuance of
Decisions to grant Vietnamese nationality
Upon receiving the Decision to grant Vietnamese
nationality enclosed with the notification from the Ministry of Justice, the
provincial People's Committee shall direct the Department of Justice to
organize a Ceremony for issuance of the Decision to grant Vietnamese
nationality to individuals who are being granted Vietnamese nationality and are
residing within the country; the representative office is responsible for
organizing the Ceremony for issuance of the Decision to grant Vietnamese
nationality to individuals who are being granted Vietnamese nationality and are
residing abroad.
The organization of the Ceremony for issuance of
the Decision to grant Vietnamese nationality shall be conducted in a solemn and
meaningful manner, in accordance with the actual situation of the area or of
the representative office.
Section 2. Reintatement of Vietnamese nationality
Article 17. Certain documents
in an application for reinstatement of Vietnamese nationality
1. Documents proving that the applicant for
reinstatement of Vietnamese nationality has previously held Vietnamese
nationality as stipulated in point dd of clause 1, Article 24 of the Law on
Vietnamese Nationality include one of the following documents:
a) Documentation proving that the applicant has
their Vietnamese nationality reinstated or deprived of by the President of
Vietnam;
b) Documents issued and certified by the competent
authority or organization of Vietnam in which the Vietnamese nationality is
written or documents that serve as evidence of that applicant's Vietnamese
nationality in the past.
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2. Regarding an applicant for reinstatement of
Vietnamese nationality, if they have renounced Vietnamese nationality to
require foreign nationality but are unable to obtain foreign nationality, they
must provide documentation issued by the competent authorities of the foreign
country clearly confirming the reason for ineligibility for foreign
nationality. In the event that the ineligibility for foreign nationality is due
to the fault of the applicant, the applicant must provide a guarantee of their
father, mother, wife, husband, child or sibling who is a Vietnamese citizen
residing in Vietnam enclosed with a document showing that they voluntarily
reside in Vietnam.
3. An applicant for both reinstatement of
Vietnamese nationality and retention of foreign nationality must provide the
following documents:
a) Documents issued by the competent authorities of
a foreign country regarding the retention of foreign nationality in accordance
with the laws of that country. In cases where the foreign law does not provide
for the issuance of this type of document, the individual must have a
declaration stating that the competent authority of the foreign country does
not prescribe the issuance of this type of document and that the request to
retain foreign nationality when reinstating Vietnamese nationality is in accordance
with the laws of that foreign country;
b) A commitment not to use foreign nationality to
harm the lawful rights and interests of agencies, organizations or individuals;
or to infringe upon the security, national interests, order, and social safety
of the Socialist Republic of Vietnam.
In the case where an applicant for both
reinstatement of Vietnamese nationality and retention of foreign nationality
does not fully meet the conditions specified in Clause 5, Article 23 of the Law
on Vietnamese Nationality, they must renounce their foreign nationality.
4. In case a minor child applies for reinstatement
of Vietnamese nationality through their parents, a copy of the child’s birth
certificate or other valid documents proving the parent-child relationship; in
case the receiving authority is unable to extract information verifying the
parent-child relationship from the electronic civil status database or the
national population database. In the case where either of the parents having
Vietnamese nationality reinstated applies for the minor child living with that
parent to reinstate Vietnamese nationality, it is necessary to submit a written
agreement signed by both parents regarding the application for the child to
reinstate Vietnamese nationality. The signature in the written agreement does
not require authentication; the applicant for their child to reinstate
Vietnamese nationality shall be responsible for the accuracy of the signature
of the other party.
In the case where the father or mother has died, is
legally incapacitated or has limited legal capacity, the written agreement may
be replaced by documentation proving that the father or mother has died, is
legally incapacitated, or has limited legal capacity.
5. An application for reinstatement of Vietnamese
nationality must be prepared in triplicate and stored at the Office of the
President, the Ministry of Justice and the receiving authority in the case of
ineligibility or incapability to process the application online.
In cases where the application is processed online,
the application shall be executed in one counterpart and stored at the
receiving authority. The Office of the President and the Ministry of Justice
maintain electronic application in accordance with regulations.
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The Ministry of Justice has issued a written
request for the Ministry of Public Security to verify the personal identity in
accordance with Clause 3, Article 25 of the Law on Vietnamese Nationality.
Within a period of 45 days from the date of receipt of the document, the
Ministry of Public Security is responsible for verifying and sending a written
response to the Ministry of Justice; in complex cases, this period may be
extended, but not exceeding 60 days.
Section 3. Renunciation of Vietnamese nationality
Article 19. Eligibility
conditions for renouncing Vietnamese nationality
Applicants for renunciation of Vietnamese
nationality who do not fall under the cases specified in clauses 2, 3, and 4 of
Article 27 of the Law on Vietnamese Nationality shall be considered for the
processing of their requests to renounce Vietnamese nationality.
Article 20. Certain documents
in an application for renunciation of Vietnamese nationality
1. Documents confirming that an applicant for
renunciation of Vietnamese nationality is in the process of acquiring foreign
nationality as stipulated in point dd, clause 1, Article 28 of the Law on
Vietnamese Nationality shall be documents on which the competent authorities
certify or guarantee that the applicant is eligible for foreign nationality; in
cases where the applicant has already obtained foreign nationality, a copy of
the passport or personal ID document with a photo issued by a competent
authority of the foreign country must be submitted to prove that the applicant
holds foreign nationality.
2. Documentation proving that the applicant for
renunciation of Vietnamese nationality has Vietnamese nationality includes a
copy of the Vietnamese passport, citizen ID card, new-style ID card, electronic
ID card, old-style ID card, or other documents stipulated in Article 11 of the
Law on Vietnamese Nationality and Article 7 of this Decree, in cases where the
receiving authority cannot extract information proving the Vietnamese nationality
of the applicant from the electronic civil status database or the national
population database.
3. The document stipulated in point g, clause 1,
Article 28 of the Law on Vietnamese Nationality is the written confirmation
from the head of the agency or unit that has made the decision to permit
retirement/dismissal, to remove/discharge from work, to discharge from military
service, based on the regulations of the sector, proving that the renunciation
of Vietnamese nationality of the applicant does not affect the protection of
state secrets or national security and is not contrary to the regulations of
that sector.
4. A copy of the birth certificate of the minor
child applying for renunciation of Vietnamese nationality through their
parents, or other valid documents proving the parent-child relationship; in
case the receiving authority is unable to extract information verifying the
parent-child relationship from the electronic civil status database or the
national population database. In the case where either of the parents having
Vietnamese nationality renounced applies for the minor child living with that
parent to renounce Vietnamese nationality, it is necessary to submit a written
agreement signed by both parents regarding the application for the child to
renounce Vietnamese nationality. The signature in the written agreement does
not require authentication; the applicant for their child to renounce
Vietnamese nationality shall be responsible for the accuracy of the signature
of the other party.
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5. Applications for renunciation of Vietnamese
nationality must be prepared in triplicate and stored at the Office of the
President, the Ministry of Justice and the receiving authorities in cases of
ineligibility or incapability to process the application online.
In cases where the application is processed online,
the application shall be executed in one counterpart and stored at the
receiving authority. The Office of the President and the Ministry of Justice
maintain electronic application in accordance with regulations.
Article 21. Resolution of
applications for renunciation of Vietnamese nationality in cases where written
guarantees for the acquisition of foreign nationality have expired
1. In the event that the written guarantee for the
acquisition of foreign nationality has expired, the Ministry of Justice shall
send a written notice to the representative office to inform the applicant for
renunciation of Vietnamese nationality of completing the procedures for
extending or renewing that guarantee.
2. The representative office has measures to assist
the applicant for renunciation of Vietnamese nationality in the procedures for
extending or renewing the guarantee for the acquisition of foreign nationality,
if such applicant requests it.
3. The applicant for renunciation of Vietnamese
nationality shall submit the written guarantee for the acquisition of foreign
nationality that has been extended or renewed to the representative office to
be forwarded to the Ministry of Justice.
Article 22. Responsibilities
of agencies, organizations and individuals in notifying ineligibility for
renunciation of Vietnamese nationality
1. Since the date the Department of Justice
publishes information about the applicant for renunciation of Vietnamese
nationality according to the provisions of Clause 2, Article 29 of the Law on
Nationality of Vietnam, the police authority, the civil judgment enforcement
agency, the tax authority, or any other agency, organization or individual that
discovers the applicant is ineligible for renunciation of Vietnamese
nationality according to the provisions of Clauses 2, 3 and 4 of Article 27 of
the Law on Nationality of Vietnam and Clause 2 of this Article must promptly
notify the Department of Justice that published the information.
2. During the process of reviewing and processing
an application, if there is a document from a tax authority or a agency,
organization or individual that is a legitimate creditor concerning the
individual's outstanding tax obligations, money or assets, the competent
authority will not consider the application for renunciation of Vietnamese
nationality.
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The Ministry of Justice has issued a written
request for the Ministry of Public Security to verify the personal identity in
accordance with Clause 4, Article 29 of the Law on Vietnamese Nationality.
Within a period of 45 days from the date of receipt of the document, the
Ministry of Public Security is responsible for verifying and sending a written
response to the Ministry of Justice; in complex cases, this period may be
extended, but not exceeding 60 days.
Section 4. DEPRIVATION of nationality or cancelation OF DECISIONS
TO GRANT VIETNAMESE NATIONALITY AND DECISIONS TO REINSTATE VIETNAMESE
NATIONALITY
Article 24. Proposals for
deprivation of Vietnamese nationality
1. In the case where the People’s Committee of a
province or a representative office proposes for the renunciation of Vietnamese
nationality of an individual who has committed the acts specified in Clause 1,
Article 31 of the Law on Nationality of Vietnam, the proposal shall include the
following:
a) The written proposal from the provincial People's
Committee or the representative office regarding the deprivation of Vietnamese
nationality;
b) The records and documents of the investigation,
verification and conclusions of the competent authority regarding the
violations committed by the individual proposed for the deprivation of
Vietnamese nationality;
c) A letter of denunciation of the individual
proposed for the deprivation of Vietnamese nationality (if applicable).
2. In the case where the Court that has prosecuted
the defendant for acts specified in Clause 1, Article 1 of the Law on
Vietnamese Nationality propose for deprivation of Vietnamese nationality of the
person, the proposal shall include:
a) The written proposal of the Court for the
deprivation of Vietnamese nationality;
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3. Once the proposal for deprivation of Vietnamese
nationality is complete and valid, the Minister of Justice, under the
authorization of the Prime Minister, shall sign the proposal for the President
of Vietnam to consider depriving of Vietnamese nationality.
Article 25. Proposals for
cancelation of decisions to grant Vietnamese nationality and decisions to
reinstate Vietnamese nationality
1. In the case where the People’s Committee of a
province or a representative office proposes for the cancellation of a decision
to grant Vietnamese nationality or a decision to reinstate Vietnamese
nationality for an individual who has committed the acts specified in Clause 1,
Article 33 of the Law on Nationality of Vietnam, the proposal shall include the
following:
a) The written proposal for cancellation of the
Decision to grant Vietnamese nationality, the Decision to reinstate Vietnamese
nationality from the Provincial People’s Committee or the representative
office;
b) The records and documents of the investigation,
verification and conclusions of the competent authority regarding the
violations committed by the individual proposed for the cancelation of the
decision to grant Vietnamese nationality or the decision to reinstate
Vietnamese nationality;
c) A letter of denunciation of the individual
proposed for cancelation of the decision to grant Vietnamese nationality and
the decision to reinstate Vietnamese nationality (if any).
2. In case the Court that has adjudicated against
the defendant who committed the act specified in Clause 1, Article 33 of this
Law proposes for cancelation of the decision to grant Vietnamese nationality or
decision to reinstate Vietnamese nationality of that person, the proposal shall
include:
a) The written proposal of the Court for
cancellation of the decision to grant Vietnamese nationality or the decision to
reinstate Vietnamese nationality;
b) The judgment that has come into force and
related documents.
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Chapter III
NOTIFICATION OF THE
RESULTS OF RESOLUTION OF NATIONALITY-RELATED WORKS
Article 26. Notification of
the results of resolution of the acquisition, reinstatement, renunciation,
deprivation of nationality or cancelation of decisions to grant Vietnamese
nationality or decisions to reinstate Vietnamese nationality
1. Within 07 working days from the date of
receiving the Decision to grant Vietnamese nationality or the Decision to
reinstate Vietnamese nationality, the Ministry of Justice shall send the
results of resolution of the granting of Vietnamese nationality to the
provincial People's Committee or the representative office to organize a Ceremony
for issuance of the Decision to grant Vietnamese nationality.
The issuance of a decision to grant Vietnamese
nationality shall comply with the provisions of Article 16 of this Decree.
2. The notification of the results of resolution of
the reinstatement, renunciation, deprivation of nationality or cancelation of a
decision to grant Vietnamese nationality or a decision to reinstate Vietnamese
nationality shall be as follows:
Within 07 working days from the date of receiving
the decision to reinstate, renounce or deprive of nationality, or cancel the
decision to grant Vietnamese nationality or the decision to reinstate
Vietnamese nationality, the Ministry of Justice shall send the resolution
results to the provincial People's Committee or the representative office to
notify the applicant and for monitoring, managing and compiling statistics on
nationality-related matters resolved.
The representative office shall withdraw Vietnamese
passport, citizen ID card or the ID card of the individual whose Vietnamese
nationality has been renounced or deprived in accordance with relevant legal
provisions.
3. Any individual whose Vietnamese nationality has
been renounced or deprived, or who has their decision to grant Vietnamese
nationality or decision to reinstate Vietnamese nationality cancelled is
responsible for cooperating with the police authority in proceeding with the
procedures for canceling their permanent residence registration, returning
their Vietnamese passport, citizen ID card, ID card, and electronic ID lock in
accordance with relevant laws.
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Article 27. Notification and
commentation in Civil status registers regarding the change of nationality
1. Within 07 working days from the receipt of the
Decision to permit renunciation of Vietnamese nationality, deprive of Vietnamese
nationality, cancel the decision to grant Vietnamese nationality, or the
decision to reinstate Vietnamese nationality, the Ministry of Justice shall
notify in writing the Department of Justice or the representative office where
the individual's civil status was registered to make a comment or provide
guidance for making a note in the Civil status register. Contents of the
comment: Decision number; date of issuance of the Decision; content of the
Decision; the commenting person must sign, clearly write their full name and
the date. In the event that the registration of civil status is carried out at
a representative office but the Civil status register has been transferred to
and stored at the Ministry of Foreign Affairs, the Ministry of Foreign Affairs
shall make the comment.
2. In cases where an individual has their
Vietnamese nationality reinstated after the renunciation or deprivation of
Vietnamese nationality has previously been recorded in the Civil status
registry or an individual is granted Vietnamese nationality after having
registered civil status at the competent authority of Vietnam, the notification
of recording the reinstatement or the acquisition of Vietnamese nationality in
the civil status register shall also be carried out in accordance with the
provisions of Clause 1 of this Article.
3. In the case where the representative office or
the Department of Justice receives a notification of commentation but no longer
retain the previous Civil status register, it shall establish a new register to
monitor, manage and resolve matters related to civil status and nationality.
4. In cases where the Nationality database has been
connected and shared with the electronic civil status database, the
notification of nationality change shall be carried out online.
Article 28. Notification to
the Ministry of Public Security of the results of resolution of
nationality-related works
1. Within 07 working days from the receipt of the
decision to grant or reinstate Vietnamese nationality, the Ministry of Justice
shall notify the Ministry of Public Security to direct the competent police
authorities to carry out the residence registration, issue Vietnamese
passports, ID cards, and electronic ID cards for individuals who are eligible
for acquisition or reinstatement of Vietnamese nationality in accordance with
the law.
2. In the event that an individual having their
nationality renounced or deprived, or having their decision to grant Vietnamese
nationality or decision to reinstate Vietnamese nationality cancelled is currently
residing in Vietnam or has previously resided in Vietnam, the Ministry of
Justice shall notify the Ministry of Public Security within 07 working days
from the date of receiving the decision to permit renunciation of Vietnamese
nationality, deprive of nationality, cancel the decision to grant Vietnamese
nationality or the decision to reinstate Vietnamese nationality. The Ministry
of Public Security will then direct the competent police authority to remove
the individual's permanent residence registration, revoke and invalidate their
Vietnamese passport, citizen ID card, ID card, and electronic ID lock in
accordance with laws.
3. In cases where the Nationality database has been
connected and shared with the national population databases, the notification of
the results of resolution of nationality-related works shall be carried out
online.
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CERTIFICATION
OF ACQUISITION OF VIETNAMESE NATIONALITY, CERTIFICATION OF VIETNAMESE DESCENT
Section 1. Certification of acquisition of Vietnamese
nationality
Article 29. Authority for
certification of the acquisition of Vietnamese nationality
The Department of Justice or the representative
office, where the applicant for the Certification of Vietnamese nationality
resides at the time of submitting the application, is authorized to issue the
Certificate of Vietnamese nationality.
Article 30. Procedures for
certification of the acquisition of Vietnamese nationality
1. The applicant for a certificate of acquisition
of Vietnamese nationality must prepare a complete application, including an
application form as prescribed, two 4 x 6 photographs taken within the last six
months and certified copies of the following documents:
a) Documents proving the personal identity of the
applicant, such as citizen ID card, ID card, electronic ID card,
residence-related documents, temporary residence card, laissez-passer, valid
international travel documents or personal identity verification documents with
a photograph issued by competent authorities;
b) Valid documentary evidence of Vietnamese
nationality as stipulated in Article 11 of the Law on Vietnamese Nationality
and Article 7 of this Decree, or similar documents previously issued by former
authorities, including Birth Certificate that does not specify nationality or
has the nationality field left blank, but which contain the Vietnamese full
name of the applicant and their parents, in cases where the receiving authority
is unable to extract information proving the applicant's Vietnamese nationality
from the electronic civil status database or the national population database.
c) In the event that there are no documentary
evidence of Vietnamese nationality as specified in point b clause 1 of this
Article, the applicant for certification of the acquisition of Vietnamese
nationality must prepare a personal biography accompanied by one of the
following documents to establish the basis for verifying Vietnamese
nationality:
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Documents relating to nationality, civil status,
household registration, ID card or other documents issued by the former regime
in South Vietnam or documents issued by the previous government in North
Vietnam, which state Vietnamese nationality or information related to the
nationality of Vietnamese citizens.
2. The procedure for checking, verifying and
looking up Vietnamese nationality is as follows:
a) In cases where there are documentary evidence of
Vietnamese nationality and the application is submitted to the Department of Justice,
within 05 working days from the receipt of the application, the Department of
Justice shall verify the documents, conduct direct searches or submit a written
request to the Ministry of Justice to look up information regarding the
renunciation or deprivation of Vietnamese nationality, or cancellation of
decision to grant Vietnamese nationality or decision to reinstate Vietnamese
nationality; within 10 working days, the Ministry of Justice shall conduct the
search and provide a written response to the Department of Justice. If there
are doubts about the authenticity of the documentary evidence of Vietnamese
nationality, the Department of Justice shall request the issuing authority to
verify the evidence; within 10 working days from the receipt of the written
request from the Department of Justice, the issuing authority shall conduct the
verification and provide a written response to the Department of Justice.
In cases where the application is submitted at the
representative office, within 05 working days from the receipt of the
application, the representative office shall verify the documents, conduct
direct searches or submit a written request for the Ministry of Foreign Affairs
to request the Ministry of Justice to look up information regarding the renunciation
or deprivation of Vietnamese nationality, or cancellation of decision to grant
Vietnamese nationality or decision to reinstate Vietnamese nationality; within
10 working days, the Ministry of Justice shall conduct the search and provide a
written response. If there are doubts about the authenticity of the documentary
evidence of Vietnamese nationality issued by a competent authority in Vietnam,
the representative office shall submit a written request for the Ministry of
Foreign Affairs to verify the evidence; within 10 working days from the receipt
of the written request from the Ministry of Foreign Affairs, the issuing
authority shall conduct the verification and provide a written response to the
Ministry of Foreign Affairs. Within 05 working days from the date of receiving
the verification results, the Ministry of Foreign Affairs shall notify in
writing the representative office;
b) In the case of an individual who does not
possess documentary evidence of their Vietnamese nationality but holds the
documents specified in Point c, Clause 1 of this Article, if the application is
submitted to the Department of Justice, within 05 working days from the date of
acceptance of the application, the Department of Justice shall proactively
search or request the Ministry of Justice to look up information regarding the
renunciation of nationality, deprivation of nationality, or cancellation of the
decision to grant Vietnamese nationality, or the decision to reinstate
Vietnamese nationality. Within 10 working days, the Ministry of Justice shall
conduct the search and provide a written response to the Department of Justice.
Simultaneously, the Department of Justice shall submit a written request for
the provincial police authority to verify the personal identity of the
applicant. Within 45 days from the receipt of the written request of the
Department of Justice, the provincial police authority is responsible for
verifying and sending a written response to the Department of Justice; in
complex cases, this period may be extended, but not exceeding 60 days.
If the application is submitted to the
representative office, within 05 working days from the receipt of the
application, the representative office shall proactively search or send printed
copies or photographs of the documents and information provided by the
applicant to the Ministry of Foreign Affairs. The Ministry of Foreign Affairs
will then request the Ministry of Justice to look up information regarding the
renunciation or deprivation of Vietnamese nationality, or the cancellation of
the Decision to grant Vietnamese nationality or the Decision to reinstate
Vietnamese nationality, and request the Ministry of Public Security to verify
the personal identity of the applicant. Within 10 working days, the Ministry of
Justice shall conduct the search and provide a written response to the Ministry
of Foreign Affairs; for the verification of personal identity and response
regarding the results of the verification of personal identity by the Ministry
of Public Security, the time limit shall be 45 days; in complex cases, the
extension may be granted but shall not exceed 60 days. Within 05 working days
from the date of receiving the results of the search and verification, the
Ministry of Foreign Affairs shall notify in writing the representative office.
3. Within 03 working days from the receipt of the
results of the search and verification as provided in Clause 2 of this Article,
if there is sufficient basis to determine Vietnamese nationality and the
applicant is not included in the list of those who have their nationality
renounced or deprived, or those whose decision to grant Vietnamese nationality
or decision to reinstate Vietnamese nationality is cancelled, the receiving
authority shall record the grant of the certificate of acquisition of
Vietnamese nationality in the register; the head of the authority shall add
their signature and issue the Certificate of acquisition of Vietnamese
nationality according to the prescribed form for the applicant.
If there is no basis to issue the Certificate of acquisition of Vietnamese
nationality, the receiving authority shall respond in writing to inform the
applicant.
Section 2. CERTIFICATION OF
VIETNAMESE DESCENT
Article 31. Authority for
certification of Vietnamese descent
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Article 32. Procedures for
certification of Vietnamese descent
1. The applicant for a certificate of Vietnamese
descent must prepare a complete application, including an application form as
prescribed, two 4 x 6 photographs taken within the last six months and
certified copies of the following documents:
a) Documents proving the personal identity of the
applicant, such as citizen ID card, ID card, electronic ID card,
residence-related documents, temporary residence card, laissez-passer, valid
international travel documents or personal identity verification documents with
a photograph issued by a competent authorities;
b) Previously issued documents proving that the
applicant used to have Vietnamese nationality which is determined at birth by
the principle of bloodline, or documents proving that the applicant was born to
parents or grandparents used to have Vietnamese nationality, in cases where the
receiving authority is unable to extract information from the electronic civil
status database or the national database on population.
In the absence of any of the aforementioned
documents, depending on the specific circumstances, the applicant may submit a
copy of document on personal identity, nationality or civil status issued by
the former regime in the South Vietnam, or document issued by the former
government in the North Vietnam; a written guarantee from Vietnamese
organizations in the foreign country where the applicant currently resides,
confirming that the applicant has Vietnamese descent; a written guarantee from
a Vietnamese national, confirming that the applicant has Vietnamese descent; or
documents issued by the competent authorities of a foreign country stating
Vietnamese nationality or original Vietnamese nationality.
2. Within 05 working days from the receipt of the
application, the receiving authority is responsible for reviewing and verifying
the information in the documents presented by the applicant and must send a
written notice to the provincial police authority (if the application is
submitted to the Department of Justice) or the Ministry of Public Security (if
the application is submitted to a representative office) to verify the personal
identity of the applicant. The time limit for verification and response
regarding the verification results shall be 45 days; in complex cases, it may
be extended but not exceeding 60 days.
Within 03 working days from the receipt of the
verification results, if there is sufficient basis to determine that the
applicant has Vietnamese descent, the receiving authority shall record the
issuance of Certificate of Vietnamese descent in the register; the head of the
authority shall add their signature and issue the certificate of Vietnamese
descent according to the prescribed form for the applicant.
If there is no basis to issue the Certificate of
Vietnamese descent, the receiving authority shall notify in writing to the
applicant.
Chapter V
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Article 33. Responsibilities
of the Ministry of Justice
The Ministry of Justice shall assist the Government
in the unified performance of state management of nationality, with the
following responsibilities and powers:
1. Promulgate legislative documents on nationality
or propose the promulgation of them to competent authorities and organize the
implementation of nationality laws.
2. Direct, provide guidance, training and refresher
training in professional competence in nationality matters for those working in
the field of nationality.
3. Disseminate and educate about nationality laws.
4. Enact and provide guidance on the use and
management of the nationality register template and the nationality document
template.
5. Examine and address Vietnamese
nationality-related works, complaints, denunciations, and violations against
regulations on nationality within its authority.
6. Examine the records and cooperate with the
Ministry of Public Security in verifying the nationality records in accordance
with laws.
7. Take charge and cooperate with the Ministry of
Foreign Affairs and the Ministry of Public Security in negotiating and signing
international treaties regarding nationality.
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9. Carry out research on the application of information
technology in state management of nationality and the processing of nationality
records.
10. Maintain nationality records.
11. Compile the situation and statistics regarding
the resolved nationality-related works, and report to the Prime Minister.
Article 34. Responsibilities
of the Ministry of Foreign Affairs and representative offices
1. The Ministry of Foreign Affairs shall cooperate
with the Ministry of Justice in performing state management of nationality at
representative offices, with the following duties and authorities:
a) Direct and guild representative offices to
uniformly implement legislative documents on nationality;
b) Direct representative offices in the updating,
exploitation and use of the nationality database;
c) Inspect the nationality work at representative
offices;
d) Provide refresher training in professional
competence in nationality matters for diplomatic and consular officials;
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e) Direct representative offices to frequently
update foreign nationality laws in order to perform state management and
resolve nationality-related works;
g) Resolve complaints, denunciations and handle
violations against regulations on nationality within its authority;
h) Revoke the documents related to Vietnamese
nationality issued by representative offices in violation of legal regulations.
i) Summarize the situation and statistics of
nationality-related works that have been resolved at the representative offices,
and submit this information to the Ministry of Justice as prescribed.
2. Representative offices shall perform the
following duties and powers:
a) Receive and process applications for
acquisition, reinstatement or renunciation of Vietnamese nationality within
their authority; submit proposals to the President of Vietnam to deprive of
Vietnamese nationality, cancel decisions to grant Vietnamese nationality,
cancel decisions to reinstate Vietnamese nationality; issue certificates of
acquisition of Vietnamese nationality; issue certificates of Vietnamese descent
in accordance with the law;
b) Carry out the updating, exploitation and use of
the Nationality Database;
c) Revoke and invalidate Vietnamese passports,
citizen ID cards, and ID cards issued to individuals currently residing abroad
in accordance with laws who have their Vietnamese nationality renounced or
deprived, or whose decisions to grant Vietnamese nationality or decisions to
reinstate Vietnamese nationality have been cancelled.
d) Arrange diplomatic and consular officials to
carry out the mission of receiving and processing nationality records within
their jurisdiction;
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e) Frequently update laws on nationality of the
host country in order to perform state management and resolve
nationality-related works within their jurisdiction;
g) Retain the nationality register and nationality
records;
h) Summarize the situation and compile statistics
on nationality-related works that have been resolved to report to the Ministry
of Foreign Affairs as required;
i) Resolve complaints, denunciations and handle
violations against regulations on nationality within their jurisdiction;
k) Organize ceremonies for issuance of decisions to
grant Vietnamese nationality by the President of Vietnam, ensuring they are
conducted with solemnity and significance.
Article 35. Responsibilities
of the Ministry of Public Security
1. The Ministry of Public Security shall cooperate
with the Ministry of Justice in the process of resolving nationality-related
works, with the following responsibilities and powers:
a) Review, verify or direct competent police
authorities in the verification of personal identity of applicants for
acquisition, reinstatement, renunciation of Vietnamese nationality; those
having Vietnamese nationality deprived; those whose decisions to grant
Vietnamese nationality, decisions to reinstate Vietnamese nationality have been
cancelled; certification of acquisition of Vietnamese nationality;
certification of Vietnamese descent.
b) Direct competent police authorities to verify
the validity of the documents issued by the competent police authorities that
serve as proof of Vietnamese nationality in accordance with the provisions in
clauses 2 and 3 of Article 11 of the Law on Vietnamese Nationality, as proposed
by Departments of Justice, representative offices, or other competent
authorities.
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d) Cooperate in handling violations again
regulations on the resolution of nationality-related works.
2. Direct provincial police authorities to
cooperate with Departments of Justice and relevant agencies in handling
nationality-related works as prescribed.
Article 36. Responsibilities
of the Provincial People’s Committees
1. The provincial People's Committees shall perform
state management of nationality in their areas and have the following tasks and
powers:
a) Receive and process applications for acquisition,
reinstatement or renunciation of Vietnamese nationality within their authority;
submit proposals to the President of Vietnam to deprive of Vietnamese
nationality, cancel decisions to grant Vietnamese nationality, cancel decisions
to reinstate Vietnamese nationality; issue certificates of acquisition of
Vietnamese nationality; issue certificates of Vietnamese descent in accordance
with the law;
b) Direct the updating, exploitation and use of the
Nationality Database;
c) Disseminate nationality laws.
d) Retain the nationality register and nationality
records;
dd) Resolve complaints, denunciations and handle
violations against laws on nationality within their jurisdiction;
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g) Organize ceremonies for issuance of decisions to
grant Vietnamese nationality, ensuring they are conducted with solemnity and
significance.
h) Revoke the documents related to Vietnamese
nationality issued by Departments of Justice in violation of legal regulations.
2. Departments of Justice shall assist the
provincial People's Committees in performing the tasks and powers stipulated in
points a, b, c, d, e, and g of Clause 1 of this Article.
Chapter VI
IMPLEMENTATION
PROVISIONS
Article 37. Effects
1. This Decree comes into force as of July 01,
2025.
2. Decree No. 16/2020/ND-CP dated February 3, 2020
of the Government elaborating certain articles and measures for the
implementation of the Law on Vietnamese Nationality, and Article 4 of Decree
No. 07/2025/ND-CP dated January 9, 2025 of the Government amending certain
articles of decrees in the field of civil status, nationality and
authentication shall be ineffective as of the date this Decree takes effect.
Article 38. Implementation
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ON BEHALF OF
GOVERNMENT OF VIETNAM
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Le Thanh Long