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GOVERNMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.
16/2020/ND-CP
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Hanoi,
February 3, 2020
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DECREE
ELABORATING TO LAW ON VIETNAMESE NATIONALITY
Pursuant to Law on Government
Organization dated June 19, 2015;
Pursuant to Law on Vietnamese
Nationality dated November 13, 2008;
Pursuant to the Law on
amendments to a number of Articles of Law on Vietnamese Nationality dated June
24, 2014;
At the request of Minister of
Justice;
Government promulgates Decree elaborating
to Law on Vietnamese Nationality.
Chapter I
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Article 1.
Scope
This Decree elaborates to a number
of Articles and provides guidelines for implementation of Law on Vietnamese
Nationality regarding naturalization, restoration, renunciation and
denaturalization of Vietnamese nationality; annulment of decisions on
naturalization of Vietnamese nationality; notice about results of
nationality-related affairs; registration for retention of Vietnamese
nationality; issuance of certificate of Vietnamese nationality; issuance of
certificate of Vietnamese origin and responsibilities of agencies in performing
state management regarding nationality.
Article 2.
Consular legalization and translation of nationality-related documents into
Vietnamese
Documents in applications for
naturalization, restoration and renunciation of Vietnamese nationality and
documents of other Vietnamese nationality-related affairs issued by foreign
competent agencies must undergo consular legalization, except for cases of
exemption from consular legalization according to regulations and law of
Vietnam or international agreements to which Vietnam is a signatory.
Contents of nationality-related
documents must be translated into Vietnamese; the translation must be verified
or bearing authenticated signatures of the translators according to regulations
and law of Vietnam.
Article 3.
Methods of submission, acceptance of documents and return of results of
nationality-related affairs
1. Applicants for restoration,
renunciation of Vietnamese nationality or handling other affairs related to
nationality may apply in persons or submit via postal services to competent
agencies capable of accepting applications according to Law on Vietnamese
Nationality and this Decree. Applicants must not authorize other persons to
apply. In case an applicant who applies for restoration, renunciation of
Vietnamese nationality or handling of other affairs related to nationality
resides in a country or territory where diplomatic missions, consular missions
or other authorized agencies exercising consular functions of Vietnam in
foreign countries (hereinafter referred to as “representative missions”) are
not available, he/she shall apply at a non-resident representative mission or a
representative mission of choice.
An applicant for naturalization of
Vietnamese nationality must apply in person at Department of Justice where
he/she resides.
Application for handling of
nationality-related affairs on behalf of minors and persons with limited legal
capacity shall be performed by legal representatives or guardians thereof.
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In case documents are submitted via
postal services, copies thereof must be certified or issued with the original
copies; Application, declaration form and personal information sheet must bear
authenticated signatures as per the law.
3. Persons receiving documents are responsible
for examining legitimacy of contents thereof. If the documents are in adequate
or unsatisfactory, provide guidance on revision and completion. If the
documents are adequate and satisfactory, the persons receiving the documents
shall record in acceptance registers and issue receipt notice using defined
forms for the applicants. If the documents are submitted via postal services,
the persons receiving the documents shall send receipt notice to the applicants
via postal services.
4. Agencies accepting documents
shall fully prepare list of all contents contained in each document and list of
persons applying for handling of nationality-related affairs using defined
forms.
With respect to application for
renunciation of Vietnamese nationality, agencies accepting documents are
responsible for classifying into documents exempted from record verification
according to Article 30 of Law on Vietnamese Nationality and documents
requiring record verification.
In case of exemption from record
verification, documents on naturalization of foreign nationality must remain
valid for at least 120 days from the date of acceptance; in case of compulsory
record verification, documents on naturalization of foreign nationality must
remain valid for at least 150 days from the date of acceptance.
5. Handling results of
nationality-related affairs shall be returned to the applicants in persons or
via postal services. Applicants requesting result return via postal services
shall pay all costs associated with returning results via postal services.
6. Assignment of Decision on
naturalization of Vietnamese nationality shall comply with Article 12 of this
Decree.
Article 4.
Annulment of documents proving Vietnamese nationality issued for persons
denaturalizing or renouncing and annulment of decision of naturalization of
Vietnamese nationality
1. From the effective date of
decisions on renunciation of Vietnamese nationality, denaturalization of
Vietnamese nationality, annulment of decision on naturalization of Vietnamese
nationality of a person, documents specified in Article 11 of Law on Vietnamese
Nationality issued for said person shall be no longer valid for proving
Vietnamese nationality.
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In case Vietnamese nationality is
specified in civil status documents of persons who have their Vietnamese
nationality renounced, denaturalized or decision on naturalization of
Vietnamese nationality annulled, informing and recording change of nationality
in civil status books shall comply with Article 25 of this Decree.
Article 5. Use
of Vietnamese nationality of Vietnamese nationals simultaneously having foreign
nationality in affairs involving Vietnamese competent agencies
Government of Socialist Republic of
Vietnam shall recognize only Vietnamese nationality of Vietnamese nationals who
also have foreign nationality in affairs involving Vietnamese competent
agencies, unless otherwise specified by international agreements to which
Vietnam is a signatory.
Article 6.
Prohibited acts
1. Acts below are prohibited:
a) Use of fabricated or falsified
documents; dishonest declaration or deception in procedures for handling
nationality-related affairs;
b) Use of documents rendered
invalid specified in Clause 1 Article 4 of this Decree to prove Vietnamese
nationality;
c) Illegal exploitation of assigned
entitlement to issue documents relating to Vietnamese nationality, documents
proving Vietnamese nationality or other documents specifying Vietnamese
nationality; provide confirmation without basis or untruthful confirmation regarding
applicants for naturalization and restoration of Vietnamese nationality;
d) Exploitation of naturalization,
restoration and renunciation of Vietnamese nationality and retention of foreign
nationality in case of successful naturalization or restoration of Vietnamese
nationality to violate national security and benefits, social order and safety
of Government of Socialist Republic of Vietnam; violate legal rights and
benefits of Vietnamese agencies, organizations and citizens.
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3. If a person who has naturalized
in Vietnamese nationality according to Article 19 of Law on Nationality is
discovered to commit violations specified in Point a Clause 1 of this Article,
Ministry of Justice shall finalize document, report to Prime Minister and
propose the President to annul Decision on naturalization of Vietnamese
nationality as specified in Articles 33 and 34 Law on Vietnamese Nationality
and Article 23 of this Decree.
Chapter II
PROCEDURES FOR NATURALIZATION, RESTORATION,
RENUNCIATION, DENATURALIZATION AND ANNULMENT OF DECISION ON NATURALIZATION OF
VIETNAMESE NATIONALITY
Section 1.
NATURALIZATION OF VIETNAMESE NATIONALITY
Article 7.
Conditions for naturalization of Vietnamese nationality according to Article 19
of Law of Vietnamese Nationality
1. Be fluent in Vietnamese enough
to blend into Vietnamese community refers to capacity to hear, speak, read and
write in Vietnamese satisfactory to living and working environment of
applicants for naturalization of Vietnamese nationality.
2. Applicants for naturalization of
Vietnamese nationality specified in Clauses 1 and 2 Article 19 of Law on
Vietnamese Nationality must be residing in Vietnam and provided with Permanent
Residence Cards by competent police agencies of Vietnam.
Duration of stay in Vietnam of
applicants for naturalization of Vietnamese nationality shall begin from the
date on which the applicants are issued with Permanent Residence Cards.
3. Ability to ensure livelihood in
Vietnam of applicants for naturalization of Vietnam nationality shall be proven
by legal assets and sources of income of the applicants or guarantee of
organizations and individuals in Vietnam.
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1. Having made meritorious
contributions to Vietnam’s national construction and defense means being
awarded with medals or other prestigious titles of Government of the Democratic
Republic of Vietnam, Provisional Revolutionary Government of the Republic of
South Vietnam, Government of Socialist Republic of Vietnam or having
confirmation of competent agencies of Vietnam regarding said meritorious
contributions on the basis of documents and remarks of relevant agencies and
organizations and specialized regulations and law.
2. Being helpful for Government of
Socialist Republic of Vietnam means having outstanding talents in fields of
science, economy, culture, social, arts, sports, health, education, having won
international awards, medals or certified by presiding agencies or
organizations, confirmed by ministerial regulatory agencies regarding talents
and positive and long-lasting contribution towards said fields of Vietnam after
naturalization is well-grounded.
Article 9.
Special cases of naturalization of Vietnamese nationality and retention of
foreign nationality as specified in Clause 3 Article 19 of Law on Vietnamese
Nationality
An applicant for naturalization of
Vietnamese nationality falling into any of the cases specified in Clause 2
Article 19 of Law of Vietnamese Nationality shall be considered to be a special
case specified in Clause 3 Article 19 of Law on Vietnamese Nationality and
proposed to the President for consideration of naturalization of Vietnamese
nationality without renunciation of foreign nationality if following conditions
are simultaneously satisfied:
1. He/she satisfies the conditions
for naturalization of Vietnamese nationality according to Law of Vietnamese
Nationality.
2. He/she has made meritorious
contribution to Vietnam’s national construction and defense and the
naturalization of Vietnamese nationality with retention of foreign nationality
is beneficial to the Government of Socialist Republic of Vietnam.
3. Retention of his/her foreign
nationality upon naturalization of Vietnamese nationality is satisfactory to
regulations and law of said foreign country.
4. Renunciation of foreign
nationality leads to impacts on his/her rights and benefits in the foreign
country.
5. He/she does not utilize foreign
nationality to harm legal rights and benefits of agencies, organizations and
individuals; harm national security and benefits, social order and safety of
the Government of Socialist Republic of Vietnam.
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1. Documents specified in Points b,
dd, e and g Clause 1 Article 20 of Law on Vietnamese Nationality are:
a) Other documents serving as
substitutes for birth certificates and passports with respect to stateless
person applying for naturalization of Vietnamese nationality refer to documents
containing information about full name, date of birth, pictures of said persons
and stamps of competent agencies, laissez-passers or documents allowing
international travel;
b) Documents proving fluency in
Vietnamese of applicants for naturalization of Vietnamese nationality refer to
degrees and qualifications proving that the applicants have studied in
Vietnamese in Vietnam such as copies of doctor degrees, master degrees,
bachelor degrees, university degrees, college degrees or intermediate education
degrees (including professional secondary education diplomas or professional intermediate
education diplomas); upper secondary education or secondary education degrees;
copies of certificates of Vietnamese proficiency according to framework of
reference of Vietnamese for foreigners issued by Vietnamese education
institutions according to regulations and law of Ministry of Education and
Training.
In case an applicant for Vietnamese
nationality does not have documents proving fluency in Vietnamese, Department
of Justice shall organize examination and carry out interview him/her on his/her
ability to hear, speak, read and write in Vietnamese to ensure satisfactory to
Clause 1 Article 7 of this Decree. Representatives of Departments of Justice
and Departments of Education and Training shall participate in the interviews.
Results of the examination and interviews shall be made into records. Persons
directly participating in the examination and interviews shall be responsible
for results of the examination, interviews and their recommendations;
c) Copies of birth certificates of
juvenile children who will be naturalized in Vietnamese nationality with their
parents or other valid documents proving father-son or mother-son relationship.
In case only one of the parents is naturalized in Vietnamese nationality and
their juvenile children are also naturalized in Vietnamese nationality with
them, submit written agreements bearing both signatures of the parents on
naturalization of Vietnamese nationality for the children. Signature
authentication is not required for the agreements; a parent whose name is on
the application for naturalization of Vietnamese nationality of the children
shall be responsible for authenticity of signature of the other parent.
In case parents are deceased, lost
legal capacity or having limited legal capacity, the agreements shall be
replaced with documents proving deceased parents, parents with lost legal
capacity or parents having limited legal capacity.
d) Copies of Permanent Residence
Cards;
dd) Documents proving livelihood
capacity in Vietnam of applicants for Vietnamese nationality include any of the
following: documents proving asset ownership; documents issued by agencies and
organizations where the applicants are working confirming salary or income;
guarantee documents of organizations and individuals in Vietnam; documents of
People’s Committees of communes, wards or townlets (hereinafter referred to as
“People’s Committees of communes”) where the applicants reside temporarily on
house, occupation and income of the applicants.
2. Persons exempted from conditions
for naturalization of Vietnamese nationality as specified in Clause 2 Article
19 of Law of Vietnamese Nationality and Article 8 of this Decree must submit
following documents:
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b) In case of persons with
meritorious contributions to Vietnam’s national construction and defense or
naturalization of Vietnamese nationality is beneficial for the Government of
Socialist Republic of Vietnam as specified in Article 8 of this Decree, submit
documents proving corresponding eligibility.
3. Applicants for naturalization of
Vietnamese nationality and retention of foreign nationality falling into
special cases specified in Article 9 of this Decree must possess documents
proving eligibility for naturalization of Vietnamese nationality specified in
Clause 1 Article 9, documents issued by competent agencies of Vietnam or
foreign countries proving conditions specified in Clauses 2, 3 and 4 Article 9
and written commitment regarding contents in Clause 5 Article 9 of this Decree.
4. Applications for naturalization
of Vietnamese nationality shall be made into 3 sets and stored at Office of the
President, Ministry of Justice and agencies that accept the applications.
Article 11.
Responsibilities of Ministry of Justice in handling applications for
naturalization of Vietnamese nationality according to Clause 3 Article 21 of
Law on Vietnamese Nationality
1. During the period specified in
Clause 3 Article 21 of Law on Vietnamese Nationality, if the application for
naturalization of Vietnamese nationality is considered to be inadequate or the
applicant is considered to be unsatisfactory to conditions for naturalization
of Vietnamese nationality, Ministry of Justice shall notice People’s Committees
of provinces and central-affiliated cities (hereinafter referred to as
“provincial People’s Committees”) in writing and provide guidance for
Departments of Justice on instructing the applicants to revise the application
and fulfill all conditions. Within 5 working days from the date on which
notice of Ministry of Justice is received, Departments of Justice shall issue
documents providing the applicants with guidelines on revision of the
applications and fulfillment of the conditions.
In case of application for
naturalization of Vietnamese nationality and retention of foreign nationality
without having sufficient documents proving eligibility for special cases as
specified in Clauses 2, 3, 4 and 5 Article 9 of this Decree, Ministry of
Justice shall notice provincial People’s Committees in writing to request the
applicants to renounce foreign nationality.
2. If an applicant fails to revise
his/her application, fulfill all conditions or submit documents issued by
foreign competent agencies allowing renunciation of foreign nationality within
9 months from the date on which Ministry of Justice issues the notice as
specified in Clause 1 of this Article, he/she shall be considered to stop
applying for naturalization of Vietnamese nationality and Ministry of Justice
shall return the application. The 9-month period shall not be accounted for in
the period for processing applications as specified in Clause 3 Article 21 of
Law on Vietnamese Nationality.
3. During consideration of
applications for naturalization of Vietnamese nationality with retention of
foreign nationality of special cases specified in Article 9 of this Decree, if
the applications are complicated or related to security and politics, Ministry
of Justice shall consult relevant ministries before reporting to Prime Minister
and proposing the President.
4. Once the application for
Vietnamese nationality is sufficient and valid, Minister of Justice shall sign
proposal to the President to consider naturalization of Vietnamese nationality
on behalf of Prime Minister, except for cases specified in Clause 3 of this
Article.
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5. Regulations on handling process
of applications for naturalization of Vietnamese nationality with retention of
foreign nationality in Clauses 1, 2 and 3 of this Article are also applicable
to applications for restoration of Vietnamese nationality with retention of
foreign nationality as specified in Article 14 of this Decree.
Article 12.
Assignment of decisions on naturalization of Vietnamese nationality
After receiving decisions of the
President on naturalization of Vietnamese nationality attached to notice of
Ministry of Justice, provincial People’s Committees shall direct Department of
Justice to hold ceremony on assignment of decisions on naturalization of
Vietnamese nationality for applicants of naturalization of Vietnamese
nationality in a formal and meaningful fashion and satisfactory to current
local conditions.
Section 2.
RESTORATION OF VIETNAMESE NATIONALITY
Article 13.
Eligibility for restoration of Vietnamese nationality as specified in Points c,
d and dd Clause 1 Article 23 of Law of Vietnamese Nationality
1. Eligibility for restoration of
Vietnamese nationality in case of persons having meritorious contributions to
Vietnam’s national construction and defense and persons whose nationality once
restored is beneficial for the Government of Socialist Republic of Vietnam shall
be applied according to Article 8 of this Decree.
2. Making investment in Vietnam
requires having investment projects and investment in said projects verified in
written form by competent agencies of Vietnam.
Article 14.
Special cases of restoration of Vietnamese nationality and retention of foreign
nationality as specified in Clause 5 Article 23 of Law on Vietnamese
Nationality
An applicant for restoration of
Vietnamese nationality falling into any of the cases specified in Clause 5
Article 23 of Law of Vietnamese Nationality shall be considered to be a special
case and proposed to the President for consideration of restoration of
Vietnamese nationality without renunciation of foreign nationality if following
conditions are simultaneously satisfied:
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2. Retention of his/her foreign
nationality upon restoration of Vietnamese nationality is satisfactory to
regulations and law of said foreign country.
3. Renunciation of foreign
nationality leads to impacts on his/her rights and benefits in the foreign
country.
4. He/she does not utilize foreign
nationality to harm legal rights and benefits of agencies, organizations and
individuals; harm national security and benefits, social order and safety of
the Government of Socialist Republic of Vietnam.
Article 15.
Certain documents in application for restoration of Vietnamese nationality
1. Documents proving that
applicants for restoration of Vietnamese nationality used to obtain Vietnamese
nationality as specified in Point dd Clause 1 Article 24 of Law on Vietnamese
nationality are one of the following:
a) Documents proving renunciation
by the President or denaturalization of Vietnamese nationality;
b) Previous documents issued and
verified by competent agencies and organizations which specify Vietnamese
nationality or equivalent documents certifying Vietnamese nationality of the
applicants.
2. Documents proving satisfaction
to conditions for restoration of Vietnamese nationality as specified in Points
b, c, dd and e Clause 1 Article 23 of Law on Vietnamese nationality are one of
the following:
a) Documents proving spouse,
biological parents or biological children of applicants for Vietnamese nationality
are Vietnamese citizens as specified in Point a Clause 2 Article 10 of this
Decree; or
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c) Documents proving investment in
Vietnam as specified in Clause 2 Article 13 of this Decree; or
d) In case of application for
restoration of Vietnamese nationality due to renunciation of Vietnamese
nationality for naturalization in foreign nationality and rejected application
for naturalization of the foreign nationality, present documents issued by
foreign competent agencies stating in details reasons for rejection of
naturalization of foreign nationality. In case of rejection of naturalization
of foreign nationality due to subjective reasons of the applicants, present
guarantee documents of any of biological parents, children, siblings or spouse
of the applicants who are Vietnamese citizens and living in Vietnam together
with written commitment of the applicants to voluntarily reside in Vietnam.
3. Applicants for restoration of
Vietnamese nationality with retention of foreign nationality must possess
documents proving eligibility for restoration of Vietnamese nationality
specified in Clause 1 Article 14, documents issued by competent agencies of
Vietnam or foreign countries proving eligibility specified in Clauses 2 and 3
Article 14 and commitment of the applicants regarding contents specified in
Clause 4 Article 14 of this Decree.
4. Copies of birth certificates or
other valid documents proving father-son or mother-son relationship are
required for juvenile children whose Vietnamese nationality shall be restored
with their parents’. In case only one of the parents is restored with
Vietnamese nationality and their juvenile children are also restored with
Vietnamese nationality with them, submit written agreements on restoration of
Vietnamese nationality for the children. The agreements must bear both
signatures of the parents, signature authentication is not required for the
agreements; a parent whose name is on the application for restoration of
Vietnamese nationality of the children shall be responsible for authenticity of
signature of the other parent.
In case parents are deceased, lost
legal capacity or having limited legal capacity, the agreements shall be
replaced with documents proving deceased parents, parents with lost legal
capacity or parents having limited legal capacity.
5. Applications for restoration of
Vietnamese nationality shall be made into 3 sets and stored at Office of the
President, Ministry of Justice and agencies that accept the applications.
Article 16.
Verification of application for restoration of Vietnamese nationality
1. In case records of applicants
for restoration of Vietnamese nationality must be verified according to Clause
3 Article 26 of Law on Vietnamese Nationality, Ministry of Justice shall issue
documents stating contents that need to be verified by Ministry of Public
Security.
2. Within 45 days from the date on
which request of Ministry of Justice is received, Ministry of Public Security
is responsible for verifying and responding with the results in written form.
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Article 17.
Cases of suspension of renunciation of Vietnamese nationality as specified in
Point a Clause 2 Article 27 of Law of Vietnamese Nationality
While processing the applications,
if tax administration authorities or agencies, organizations and individuals
who are legal creditors issue documents on debts in form of tax, money or
assets, competent agencies shall not accept or consider processing the
application for renunciation of Vietnamese nationality.
Article 18.
Certain documents in application for renunciation of Vietnamese nationality
1. Documents confirming applicants
for renunciation of Vietnamese nationality are following procedures for
naturalization of foreign nationality specified in Point dd Clause 1 Article 28
of Law on Vietnamese Nationality are documents issued by foreign competent
agencies confirming or guaranteeing that the applicants shall be naturalized in
foreign nationality; in case the applicants are already naturalized in foreign
nationality, submit copies of passports or record documents bearing pictures
issued by foreign competent agencies to prove that the applicants are obtaining
foreign nationality.
2. Documents specified in Point g
Clause 1 Article 28 of Law on Vietnamese Nationality are documents of heads of
agencies confirming retirement, discharge, dismissal, removal or demobilization
based on regulations of the fields to determine if renunciation of Vietnamese
nationality of the applicants does not affect protection of national secrets
and security or against regulations and law of such fields.
3. Copies of birth certificates of
juvenile children who will be renounced in Vietnamese nationality with their
parents or other valid documents proving father-son or mother-son relationship.
In case only one of the parents’ Vietnamese nationalities is renounced in and
their juvenile children’s Vietnamese nationality is also renounced with the
parents, submit written agreements bearing both signatures of the parents on
renunciation of Vietnamese nationality for the children. Signature
authentication is not required for the agreements; a parent whose name is on
the application for renunciation of Vietnamese nationality of the children
shall be responsible for authenticity of signature of the other parent.
In case parents are deceased, lost
legal capacity or having limited legal capacity, the agreements shall be
replaced with documents proving deceased parents, parents with lost legal
capacity or parents having limited legal capacity.
4. Applications for renunciation of
Vietnamese nationality shall be made into 3 sets and stored at Office of the
President, Ministry of Justice and agencies that accept the applications.
Article 19.
Handling of application for renunciation of Vietnamese nationality in case of
expired documents enabling naturalization of foreign nationality
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2. Representative bodies shall come
up with measures to assist applicants for renunciation of Vietnamese
nationality within following procedures for extending or issuing anew documents
enabling naturalization of foreign nationality, if requested by the applicants.
3. Applicants for renunciation of
Vietnamese nationality shall submit extended or issued anew documents enabling
naturalization of foreign nationality for representative bodies to transfer to
Ministry of Justice.
Article 20.
Responsibilities of agencies, organizations and individuals in informing about
cases of suspension and rejection of renunciation of Vietnamese nationality
Within 60 days from the date on
which Departments of Justice upload information on applicants for renunciation
of Vietnamese nationality according to Clause 2 Article 29 Law on Vietnamese
Nationality, police authorities, civil judgment enforcement authorities, tax
authorities or other agencies, organizations and individuals that discover any
indication suggesting that the applicants fall into cases of suspension or
rejection of renunciation of Vietnamese nationality as specified in Clauses 2,
3 and 4 Article 27 of Law on Vietnamese Nationality and Article 17 of this
Decree must promptly inform Departments of Justice which have uploaded the
information.
Article 21.
Record verification of applicants for renunciation of Vietnamese nationality
1. In case an applicant for
renunciation of Vietnamese nationality is not eligible for exemption from
record verification according to Article 30 of Law on Vietnamese Nationality,
Ministry of Justice shall issue documents stating contents that need to be verified
by Ministry of Public Security.
2. Within 45 working days from the
date on which request of Ministry of Justice is received, Ministry of Public
Security is responsible for verifying and responding with the results in
written form.
Section 4.
DENATURALIZATION AND ANNULMENT OF DECISION ON NATURALIZATION OF VIETNAMESE
NATIONALITY
Article 22.
Request for denaturalization of Vietnamese nationality
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a) Written request of provincial
People’s Committees or representative bodies regarding denaturalization of
Vietnamese nationality;
b) Documents and files on
investigation, verification and conclusion of competent agencies regarding
violations of persons subject to request for denaturalization of Vietnamese
nationality;
c) Written accusations against
persons subject to request for denaturalization of Vietnamese nationality, if
any.
2. In case courts that judge
defendants committing violations in Clause 1 Article 31 of Law on Vietnamese
Nationality request denaturalization of the defendants, requesting documents
shall include:
a) Written request of the courts
regarding denaturalization of Vietnamese naturalization;
b) Legally valid judgments and
relevant documents.
Article 23.
Request for annulment of decisions on naturalization of Vietnamese nationality
1. In case provincial People’s
Committees request to annul decisions on naturalization of Vietnamese
nationality of persons committing violations specified in Clause 1 Article 33
of Law on Vietnamese Nationality, requesting documents shall include:
a) Written request of provincial
People's Committees regarding annulling decisions on naturalization of
Vietnamese nationality;
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c) Written accusations against
persons subject to request for annulment of decisions on naturalization of
Vietnamese nationality, if any.
2. In case courts that judge
defendants committing violations in Clause 1 Article 33 of Law on Vietnamese
Nationality request annulment of decisions on naturalization of the defendants,
requesting documents shall include:
a) Written request of the courts
regarding annulling decisions on naturalization of Vietnamese nationality;
b) Legally valid judgments and
relevant documents.
Chapter III
NOTICE ABOUT RESULTS OF NATIONALITY-RELATED AFFAIRS
Article 24.
Notice about naturalization, restoration, renunciation, denaturalization and
annulment of decisions on naturalization of Vietnamese nationality
1. Within 10 working days from the
date on which decisions on naturalization of Vietnamese nationality are
received, Ministry of Justice shall issue notice together with copies of the
decisions on naturalization of Vietnamese nationality to provincial People’s
Committees where the applications for naturalization are accepted to hold
ceremony on assignment of decisions on naturalization of Vietnamese
nationality.
Assignment of decisions on
naturalization of Vietnamese nationality shall comply with Article 12 of this
Decree.
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Within 10 working days from the date
on which decisions on restoration, renunciation, denaturalization and annulment
of decisions on naturalization of Vietnamese nationality are received, Ministry
of Justice shall issue notice together with copies of said decisions to persons
subject to restoration, renunciation, denaturalization and annulment of
decisions on naturalization of Vietnamese nationality and to provincial
People’s Committees where the applications for restoration, renunciation,
denaturalization and annulment of decisions on naturalization of Vietnamese
nationality are accepted to monitor, management and keep records of
nationality-related affairs that have been handled.
In case applications for
restoration, renunciation and denaturalization of Vietnamese nationality are
accepted at representative bodies, after receiving notice of Ministry of
Justice, the representative bodies are responsible for informing persons
subject to restoration, renunciation and denaturalization of Vietnamese
nationality about results of corresponding nationality-related affairs.
Representative bodies shall collect Vietnamese passports, ID cards and Citizen
Identity Cards of persons subject to renunciation and denaturalization of
Vietnamese nationality according to relevant law provisions.
3. Persons subject to renunciation,
denaturalization and annulment of decisions on naturalization of Vietnamese
nationality are responsible for cooperating with police authorities in
following procedures to remove permanent residence registration and submitting
Vietnamese passports, ID cards and Citizen Identity Cards according to relevant
law provisions.
4. Persons subject to
naturalization and restoration of Vietnamese nationality may register for
residence and be issued with Vietnamese passports, ID cards and Citizen Identity
Cards according to relevant law provisions at request.
Article 25.
Notice about record in civil status books regarding changes in nationality
1. Within 10 working days from the
day on which decisions on renunciation, denaturalization and annulment of
decisions on naturalization of Vietnamese nationality, Ministry of Justice
shall inform Departments of Justice or representative bodies where civil status
of the persons subject to the decisions above is registered to record or
provide guidance on how to record in the civil status books. Record
contents include: decision number; date of issue; details; contents; officials
who record must sign and specify full name and date of record. In case civil
registration is performed at representative bodies and civil status books have
been archived at Ministry of Foreign Affairs, Ministry of Foreign Affairs shall
do the record.
2. In case of a person subject to
restoration of Vietnamese nationality whose civil status book was previously
recorded with renunciation or denaturalization of Vietnamese nationality or a
person subject to naturalization of Vietnamese nationality who previously
performed civil registration at competent agencies of Vietnam, notice about
record in civil status book due to restoration and naturalization of Vietnamese
nationality shall be performed according to Clause 1 of this Article.
3. In case representative bodies or
Departments of Justice that no longer store previous civil status books receive
notice about record, inform Ministry of Justice for further monitor and
management.
Article 26.
Communication with Ministry of Public Security on results of
nationality-related affairs
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2. In case persons subject to
renunciation, denaturalization and annulment of decisions on naturalization of
Vietnamese nationality are living in Vietnam or used to be living in Vietnam,
within 10 working days from the date on which decisions on affairs mentioned
above are issued, Ministry of Justice shall inform Ministry of Public Security
to direct competent police authorities to remove permanent residence
registration, collection of Vietnamese passports, ID cards and Citizen Identity
Cards of said persons.
Chapter IV
APPLICATION FOR VERIFICATION OF VIETNAMESE
NATIONALITY, ISSUANCE OF CERTIFICATE OF VIETNAMESE NATIONALITY AND ISSUACE OF
CERTIFICATE OF VIETNAMESE ORIGIN
Section 1.
APPLICATION FOR VERIFICATION OF VIETNAMESE NATIONALITY
Article 27.
Application for verification of Vietnamese nationality
Overseas Vietnamese who have not
lost Vietnamese nationality according to regulations and law of Vietnam before
July 1, 2009 without having document proving Vietnamese nationality according
to Article 11 of Law on Vietnamese Nationality shall apply to representative
bodies where they reside in order to be verify as obtaining Vietnamese
nationality if necessary (hereinafter referred to as “applicants for
verification of Vietnamese nationality”).
Article 28.
Legislative documents and papers serving as basis for verification of
Vietnamese nationality
1. Based on year of birth, place of
birth or place of residence of applicants for verification of Vietnamese
nationality and historic background from time to time, representative bodies
shall rely on following legislative documents to verify whether the applicants
obtain Vietnamese nationality:
a) Order No. 53/SL dated October
20, 1945 on Vietnamese nationality;
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c) Order No. 25/SL dated February
25, 1946 on amendments to Order No. 53/SL dated October 20, 1945 on Vietnamese
nationality;
d) Order No. 215/SL dated August
20, 1948 on special benefits for assisting foreigners during the Resistance
War;
dd) Order No. 51/SL dated December
14, 1959 on annulment of Articles 5 and 6 of Order No. 53/SL dated October 20,
1945 on Vietnamese nationality;
e) Resolution NO. 1043/NQ-TVQHK6
dated February 8, 1971 of Standing Committee of National Assembly on
renunciation or naturalization of Vietnamese nationality;
g) Decision No. 268/TTg dated
September 12, 1980 of Prime Minister on policies on renunciation and
restoration of Vietnamese nationality of foreign Vietnamese;
h) Law on Vietnamese Nationality in
1988 and documents elaborating thereto;
i) Law on Vietnamese Nationality in
1998 and documents elaborating thereto;
k) Law on Vietnamese Nationality in
2008 and documents elaborating thereto;
l) International agreements relating
to nationality in which Vietnam is a signatory.
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a) Documents relating to
nationality, civil status, residence registry, passports or other documents
issued by competent agencies of Vietnam to Vietnamese citizens from 1945 to
July 1, 2009 exclusively, which specify Vietnamese nationality or information
relating to Vietnamese nationality and citizens;
b) Documents relating to
nationality, civil status, residence registry, passports or other documents
issued by former southern government of Vietnam before April 30, 1975 or by
former government in Hanoi from 1911 to 1956, which specify Vietnamese
nationality or information relating to Vietnamese nationality and citizens.
Article 29.
Procedures for application for verification of Vietnamese nationality
1. Each applicant for verification
of Vietnamese nationality shall prepare 1 application consisting of a
declaration form, 4 4x6 photos taken in the past 6 months and copies of
following documents:
a) Documents on record of the
applicant namely ID card, Citizen Identity Card, residence documents, temporary
resident card, laissez-passers, documents allowing international travel or
documents confirming personal record bearing photos issued by competent
agencies;
b) Documents specified in Clause 2
Article 28 of this Decree.
2. Within 5 working days from the
date on which applications are accepted, representative bodies are responsible
for examining the applications, directly looking up or requesting Ministry of
Foreign Affairs in written form to propose Ministry of Justice to looking
nationality up; within 10 working days, Ministry of Justice shall look up and
respond Ministry of Foreign Affairs in written form. If Vietnamese nationality
of the applicant is verified and the applicant is not under lists of persons
subject to renunciation, denaturalization and annulment of decision on
naturalization of Vietnamese nationality, record in books for application for
verification of Vietnamese nationality. In case the applicant requests
issuance of Vietnamese passport, representative bodies shall follow procedures
for issuance of passport or inform the applicant to arrive at the
representative bodies to follow procedures for issuance of passports if the
applicant receives the passport via postal services. Issuance of passports
shall be implemented according to relevant law provisions.
In case of application for
verification of Vietnamese nationality without issuance of Vietnamese
passports, after recording in the books for application for Vietnamese
nationality verification, representative bodies shall provide the applicant
with copies using defined form.
If the applicant later requests
issuance of Vietnamese passports, representative bodies shall issue passports
according to relevant law provisions.
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Within 5 working days from the date
on which looking up and verification results are received, Ministry of Foreign
Affairs shall inform representative bodies to complete verification of
Vietnamese nationality of the applicant.
If Vietnamese nationality cannot be
verified, agencies accepting the application shall respond the applicant in
writing.
Section 2.
ISSUANCE OF CERTIFICATE OF VIETNAMESE NATIONALITY
Article 30.
Entitlement to issue certificates of Vietnamese nationality
Applicants for issuance of
certificates of Vietnamese nationality shall apply at Departments of Justice
where they reside domestically or representative bodies where they reside
overseas at the time of application.
Article 31.
Procedures for issuance of certificates of Vietnamese nationality
1. Each applicant for issuance of
certificate of Vietnamese nationality shall prepare 1 application consisting of
a declaration form, 2 4x6 photos taken in the past 6 months and copies of
following documents:
a) Documents on record of the
applicant namely ID card, Citizen Identity Card, residence documents, temporary
resident card, laissez-passers, documents allowing international travel or
documents confirming personal record bearing photos issued by competent
agencies;
b) Documents proving Vietnamese
nationality according to Article 11 of Law on Vietnamese Nationality or
equivalent documents issued by previous government, including birth
certificates where nationality section is left empty or full name sections are
filled with full name of the applicant and his/her parents in Vietnamese;
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2. Procedures for examining,
verifying and looking up Vietnamese nationality are as follows:
a) In case documents proving
Vietnamese nationality are available, if the applications are submitted at
Departments of Justice, within 5 working days from the date on which the
applications are accepted, Departments of Justice shall examine, directly look
up or request Ministry of Justice in writing to look up Vietnamese nationality;
within 10 working days, Ministry of Justice shall look up and respond the
Departments of Justice in writing. If authenticity of documents proving
Vietnamese nationality is called into question, Departments of Justice shall
request agencies that issued the questioned documents to verify; within 10 days
from the date on which request of the Departments of Justice is received, the
issuing agencies shall verify and respond the Departments of Justice in
writing.
In case of submitting applications
at representative bodies, within 05 working days from the date on which
applications are accepted, representative bodies are responsible for examining
the applications, directly looking up or requesting Ministry of Foreign Affairs
in written form to propose Ministry of Justice to looking up Vietnamese
nationality; within 10 working days, Ministry of Justice shall look up and
respond in written form. If authenticity of documents proving Vietnamese
nationality issued by domestic competent agencies is called into question,
representative bodies shall propose Ministry of Foreign Affairs in written form
to request the issuing agencies to verify; within 10 working days from the date
on which request of Ministry of Foreign Affairs is received, the issuing
agencies shall verify and respond Ministry of Foreign Affairs in written form.
Within 5 working days from the date on which lookup results are received,
Ministry of Foreign Affairs shall inform the representative bodies in written
form;
b) In case of having documents
specified in Clause 2 Article 28 of this Decree without having documents
proving Vietnamese nationality, if applications are submitted at Departments of
Justice, within 5 working days from the date on which the applications are
accepted, Departments of Justice shall look up or request Ministry of Justice
to look up Vietnamese nationality, within 10 working days, Ministry of Justice
shall look up and respond Departments of Justice in written form. Meanwhile,
Departments of Justice shall request police authorities of the same level to
verify record of the applicants; within 45 working days from the date on which
request of the Departments of Justice is received, police authorities shall
verify and respond Departments of Justice in written form.
If applications are submitted at
representative bodies, within 5 working days from the date on which the
applications are accepted, representative bodies shall look up or attach photos
of documents and information provided by the applicants to the applicants and
send to Ministry of Foreign Affairs to request Ministry of Justice and Ministry
of Public Security to look up and verify record of the applicants. Within 10
working days, Ministry of Justice shall look up and respond Ministry of Foreign
Affairs in written form; within 45 days, Ministry of Public Security shall
verify record of the applicants and respond. Within 5 working days from the
date on which lookup results are received, Ministry of Foreign Affairs shall inform
the representative bodies in written form.
3. Within 5 working days from the
date on which lookup and verification results specified in Clause 2 of this
Article are received, if the applicants are verified to be obtaining Vietnamese
nationality and they are not under lists of persons subject to renunciation,
denaturalization or annulment of decisions on naturalization of Vietnamese
nationality, agencies that accept the applications shall record in Vietnamese
nationality certificate registry; heads of the agencies shall sign and issue
certificates of Vietnamese nationality to the applicants.
If issuance of certificates of
Vietnamese nationality is not well-grounded, agencies accepting the application
shall respond the applicants in writing.
Section 3. ISSUANCE
OF CERTIFICATES OF VIETNAMESE ORIGIN
Section 32.
Entitlement to issue certificates of Vietnamese origin
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Article 33.
Procedures for issuance of certificates of Vietnamese origin
1. Each applicant for issuance of
certificate of Vietnamese origin shall prepare 1 application consisting of a
declaration form, 2 4x6 photos taken in the past 6 months and copies of
following documents:
a) Documents on record of the
applicant namely ID card, Citizen Identity Card, residence documents, temporary
resident card, laissez-passers, documents allowing international travel or
documents confirming personal record bearing photos issued by competent
agencies;
b) Documents previously issued
proving that the applicant once held Vietnamese nationality or documents
proving he/she has parents or grandparents who hold Vietnamese nationality.
In case none of the documents above
are available, on a case-by-case basis, submit copies of documents on personal
record, nationality or civil status issued by former southern government before
April 30, 1975; documents issued by former government of Hanoi from 1911 to
1956; guarantees of associations and groups of overseas Vietnamese where the
applicant is residing that confirm Vietnamese origin of the applicant;
guarantees of Vietnamese nationals which confirm Vietnamese origin of the
applicant; documents issued by foreign competent agencies that specified
Vietnamese nationality or Vietnamese origin.
2. Within 5 working days from the
date on which the applications are accepted, agencies that accept the
applications are responsible for inspecting and examining information in the
applications and documents presented by the applicant and compare with database
and dossiers on nationality. If the applicant is sufficiently identified to
have Vietnamese origin, agencies that accept the applications shall record in
Vietnamese origin certificate registry and issue certificates of Vietnamese
origin to the applicant.
If issuance of certificates of
Vietnamese origin is not well-grounded, agencies accepting the application
shall notice the applicants in writing.
Chapter V
RESPONSIBILITIES OF AGENCIES FOR STATE MANAGEMENT ON
NATIONALITY
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Ministry of Justice shall assist
the government in performing joint state management on nationality and have
following tasks and powers:
1. Issue or request competent
agencies to issue legislative documents on nationality and organize
implementation of nationality laws.
2. Direct, instruct, train and
improve professional operations regarding nationality of public officials and
employees working in nationality-related affairs.
3. Publicize, popularize and raise
awareness regarding nationality laws.
4. Issue, provide guidance on use
and manage forms of nationality registry and documents.
5. Inspect and handle affairs
related to Vietnamese nationality, relevant accusations and violations related
to nationality.
6. Examine documents and cooperate
with Ministry of Public Security in verifying nationality documents as per the
law.
7. Take charge and cooperate with
Ministry of Foreign Affairs and Ministry of Public Security in negotiating and
signing international agreements relating to nationality.
8. Conduct research and apply
information technology in state management on nationality and handling of
nationality documents.
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10. Consolidate and list all
handled nationality-related affairs and report to Prime Minister.
Article 35.
Responsibilities of Ministry of Foreign Affairs
1. Ministry of Foreign Affairs
shall cooperate with Ministry of Justice in performing state management on
nationality at representative bodies and have following tasks and powers:
a) Direct and instruct
representative bodies to jointly implement legislative documents on
nationality;
b) Examine and inspect nationality
affairs at representative bodies;
c) Improve nationality operation
for members of diplomatic missions and consular posts;
d) Publicize and popularize
nationality laws for overseas Vietnamese;
dd) Handle accusations and take
actions against violation regarding nationality within their competence;
e) Collect and annul Vietnamese
passports, ID cards and Citizen Identity Cards issued to persons subject to
renunciation, denaturalization or annulment of decisions on naturalization of
Vietnamese nationality who are residing overseas as per the law;
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h) Consolidate and list all handled
nationality affairs at representative bodies and submit Ministry of Justice as
per the law.
2. Representative bodies shall have
following tasks and powers:
a) Accept and handle applications
for restoration and renunciation of Vietnamese nationality within their
competence; request the President to denaturalize Vietnamese nationality;
verify Vietnamese nationality; issue certificates of Vietnamese nationality;
issue certificates of Vietnamese origin as per the law;
b) Assign members of diplomatic
missions and consular posts to accept and handle documents on nationality
within their competence;
c) Publicize and popularize
nationality laws for overseas Vietnamese;
d) Store nationality registry and
documents;
dd) Consolidate and list all
handled nationality-related affairs and report to Ministry of Foreign Affairs
as per the law;
e) Handle accusations and take
actions against violation regarding nationality within their competence.
Article 36.
Responsibilities of Ministry of Public Security
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1. Appraise, verify or direct
competent police authorities to verify record of persons subject to
naturalization, restoration and renunciation of Vietnamese nationality;
denaturalization of Vietnamese nationality; annulment of decisions on
naturalization of Vietnamese nationality; verification of Vietnamese
nationality.
2. Direct competent police
authorities in verifying authenticity of documents issued by competent police
authorities that can prove Vietnamese nationality according to Clause 2 and
Clause 3 Article 11 of Law on Vietnamese Nationality at request of Departments
of Justice, representative bodies or other competent agencies.
3. Direct to handle residence
registration, issuance of Vietnamese passports, ID cards and Citizen Identity
Cards for persons subject to naturalization and restoration of Vietnamese
nationality; removal of residence registration, collection and disposal of
Vietnamese passports, ID cards and Citizen Identity Cards of persons subject to
renunciation, denaturalization and annulment of decisions on naturalization of
Vietnamese nationality as per the law.
4. Cooperate in taking actions
against violations in handling nationality-related affairs.
Article 37.
Responsibilities of provincial People’s Committees
1. Provincial People’s Committees
shall perform state management on nationality in provinces and have following
tasks and powers:
a) Accept and handle applications
for naturalization, restoration and renunciation of Vietnamese nationality
within their competence; request the President to denaturalize Vietnamese
nationality and annul decisions on naturalization of Vietnamese nationality;
verify Vietnamese nationality; issue certificates of Vietnamese nationality;
issue certificates of Vietnamese origin as per the law;
b) Publicize, popularize and raise
awareness regarding nationality laws;
c) Store nationality registry and
documents;
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dd) Consolidate and list all
handled nationality-related affairs and report to Ministry of Justice as per
the law;
e) Hold formal and meaningful
ceremony on assignment of decisions of the President on naturalization of
Vietnamese nationality;
g) Collect papers related to
Vietnamese nationality illegally issued by Departments of Justice.
2. Departments of Justice shall
assist provincial People’s Committees in performing tasks and powers specified
in Points a, b, c, dd and e Clause 1 of this Article.
Article 38.
Transition clauses
Nationality-related documents
accepted before the effective date hereof that have not been fully processed
shall continue to be processed according to Decree No. 78/2009/ND-CP dated
September 22, 2009 of Government on elaborating to a number of Articles of Law
on Vietnamese Nationality and Decree No. 97/2014/ND-CP dated October 17, 2014
of Government on amendments to a number of Articles of Decree No. 78/2009/ND-CP
dated September 22, 2009 of Government on elaborating to a number of Articles
of Law on Vietnamese Nationality.
Article 39.
Entry into force
This Decree comes into force from
March 20, 2020.
This Decree shall replace Decree
No. 78/2009/ND-CP dated September 22, 2009 of Government on elaborating to a
number of Articles of Law on Vietnamese Nationality and Decree No.
97/2014/ND-CP dated October 17, 2014 of Government on amendments to a number of
Articles of Decree No. 78/2009/ND-CP dated September 22, 2009 of Government on
elaborating to a number of Articles of Law on Vietnamese Nationality.
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PP.
GOVERNMENT
PRIME MINISTER
Nguyen Xuan Phuc