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THE MINISTRY OF JUSTICE
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 03/2015/TT-BTP
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Hanoi, April 1, 2015
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CIRCULAR
STIPULATING THE
ELIGIBILITY REQUIREMENT, PROCESS AND PROCEDURE FOR GRANT OF NATURALIZED
VIETNAMESE CITIZENSHIP AND REGISTRATION FOR BIRTH, MARRIAGE OF MIGRANTS LIVING
AT VIETNAM-LAOS BORDER DICTRICTS
Pursuant to the Agreement between the
Government of the Socialist Republic of Vietnam and the Government of the Lao
People's Democratic Republic dated July 8, 2013 on dealing with people who
spontaneously migrate and illegitimately get married inside the border areas of
two countries;
Pursuant to the Law on Vietnamese Nationality
adopted in 2008;
Pursuant to the Government’s Decree No.
78/2009/NĐ-CP dated September 22, 2009 on providing specific regulations and
detailed instructions on the implementation of several articles of the Law on
Vietnamese Nationality;
Pursuant to the Government’s Decree No.
158/2005/NĐ-CP dated December 27, 2005 on registration and management of civil
status;
Pursuant to the Government’s Decree No.
06/2012/NĐ-CP dated February 2, 2012 on amendments to several articles of
Decrees on civil status, marriage, family and authentication;
Upon implementing the Prime Minister’s
Decision No. 2627/QĐ-TTg dated December 31, 2013 on approving the project for
implementation of "Agreement between the Government of the Socialist
Republic of Vietnam and the Government of the Lao People's Democratic Republic
on dealing with people who spontaneously migrate and illegitimately get married
inside the border areas of two countries”;
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The Minister of Justice hereby stipulates the
eligibility requirement, process and procedure for grant of naturalized
Vietnamese citizenship and registration for birth, marriage of migrants living
at Laos-Vietnam border districts as follows:
Chapter I
GENERAL PROVISIONS
Article 1. Scope of application
1. This Circular shall provide for the
eligibility requirement, process and procedure for grant of naturalized
Vietnamese citizenship and registration for birth, marriage of Laotian people
migrating from Laos to live at Vietnam-Laos border districts under the
Agreement between the Government of the Socialist Republic of Vietnam and the
Government of the Lao People's Democratic Republic on dealing with people who
spontaneously migrate and illegitimately get married inside the border areas of
two countries (hereinafter referred to as Agreement), and nationality and civil
status forms used for the abovementioned action.
2. This Circular shall be also applicable to
dealing with birth and marriage registration of Vietnamese citizens returned by
Laos in accordance with regulations laid down at Point 2.1 Clause 2 Article 3
of the Agreement.
Article 2. Applicable entities and localities
1. Laotian people migrating to Vietnam's
districts located in Vietnam – Laos border areas are specified as entities who
are permitted to reside in Vietnam under the provisions of Clause 1 Article 3
of the Agreement and approved by the Leader of Vietnam Border Committee
Delegation (hereinafter referred to as Laotian migrants accepted as legal
residents).
2. Vietnamese people migrating to Laos’
districts located in Laos - Vietnam border areas are specified as entities that
are permitted to reside in Vietnam under the provisions of Clause 1 Article 3
of the Agreement, and returned by Laos, and approved by the Leader of Laos
Border Committee Delegation, and received by the Leader of Vietnam Border
Committee Delegation.
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Article 3. Interpretation of terms
Terms used herein shall be construed as follows:
1. Laotian people refers to those who
have Lao national or are descended from Laotian people. They migrate from Laos
to reside at Vietnam’s districts in the Vietnam-Laos border areas but have yet
to be granted documents indicating their citizenship, civil status and other
documents by Vietnam's competent authorities as stipulated by laws.
2. Vietnamese citizen refers to those who
have Vietnamese national but have yet to be granted documents indicating their
citizenship, civil status and other documents by Laos’ competent authorities as
stipulated by laws.
Chapter II
ELIGIBILITY REQUIREMENT, PROCESS AND PROCEDURE FOR
GRANT OF NATURALIZED VIETNAMESE CITIZENSHIP AND REGISTRATION FOR BIRTH,
MARRIAGE
Article 4. Eligibility requirements for grant
of naturalized Vietnamese citizenship
Laotian people who are specified as entities
stipulated in Clause 1 Article 2 hereof, if they wish to be granted the
Vietnamese citizenship and meet the following requirements, shall be eligible
to apply for a Vietnamese citizenship:
1. Voluntarily file their application for
becoming Vietnamese citizenship;
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3. Do not violate criminal laws;
4. Have a stable living standard, house or other
real property, or farmlands at their residence;
5. Not a wanted person or a persons subjected to
the enforcement of the court decision as prescribed in Vietnam's laws;
6. Have a Vietnamese name. This name must be
chosen by the applicant for Vietnamese citizenship and specified in the
Vietnamese naturalization application form.
Article 5. Process and procedure for dealing
with application for Vietnamese naturalization
1. Laotian migrants accepted as legal residents
who express their wish for grant of Vietnamese citizenship shall be required to
contact the People's Committee of a commune or town (hereinafter referred to as
Communal People’s Committee) where they are residing to receive instructions
and assistance to complete their application. Each applicant shall be required
to submit 02 set of documents; each set of documents shall include the
application for becoming Vietnamese citizenship and résumé according to the
form enclosed herein.
2. Process for completing and processing
applications for Vietnamese naturalization shall include:
a) Within a maximum period of 10 working days of
receipt of the list of Laotian migrants accepted as legal residents approved by
the Leader of Vietnam Border Committee Delegation, the Provincial People’s
Committee shall direct the Department of Justice to preside over and
collaborate with the Police authority at the same level and the People's
Committee of the border district in sending a mobile working team to the
Communal People’s Committee of that border district in order to provide
instructions and support for completion and receipt of such applications.
b) Within a maximum period of 05 working days
from the date of completing required applications, after the Department of
Justice shall consider and check whether these applications have included
required information and applicants for Vietnamese citizenship through
naturalization has proved eligible to become Vietnamese citizens in compliance
with regulations laid down in Article 4 hereof, this Department shall send a
request to the Provincial People’s Committee enclosing the list of applicants and
applications for grant of Vietnamese citizenship.
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d) Within a maximum period of 10 working days
from the date of receiving the request of the President of the Provincial People’s
Committee, the Ministry of Justice shall double check these applications. If
they judge that applicants are eligible to become Vietnamese citizens, the
Minister of Justice shall exercise their authority delegated by the Prime
Minister to sign the request for submission to the President of Vietnam for
consideration and decision.
dd) Within a maximum period of 05 working days
from the date of receiving the Decision to grant permission for grant of
Vietnamese citizenship through naturalization from the President of Vietnam,
the Ministry of Justice shall send a copy of that Decision and the list of
applicants obtaining permission for naturalization to the Provincial People’s
Committee, and concurrently to the Leader of Vietnam Border Committee
Delegation.
e) Within a maximum period of 05 working days
from the date of receiving the notification of the result of application for
grant of Vietnamese citizenship through naturalization, the Provincial People’s
Committee shall direct the Department of Justice to confer this Decision on
naturalization applicants.
Article 6. Notification of the list of
Vietnamese people permitted to become Laotian citizens
1. Within a maximum period of 03 working days
from the date of receiving the notification from Lao authorities and the list
of Vietnamese people permitted to become Laotian citizens, the Leader of
Vietnam Border Committee Delegation shall send the Ministry of Justice a copy
of the decision on permission for naturalization from Laos' competent
authorities enclosing the list of Vietnamese people permitted to become Laotian
citizens.
2. Within a maximum period of 05 working days
from the date of receiving the copy of that decision and the list of Vietnamese
people permitted to become Laotian citizens, the Ministry of Justice shall
report to the Government so that the Government can send a report to the
President of Vietnam, and update the data of those subjected to cessation/loss
of Vietnamese citizenship stored at the Ministry of Justice.
Article 7. Birth registration
1. The Communal People’s Committee of a border
district where applicants for birth registration are residing shall be
responsible for the birth registration.
2. Application for the birth registration shall
include documents like the birth registration form (according to the form
issued together with this Circular) and notice of birth (according to the
regulated form); if the notice of birth is not available, the written
confirmation of birth must be submitted.
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As for the birth registration for an
illegitimate child, if a father of this child is not identifiable, the section
for information about this father in the birth record book and birth
certificate must be kept blank. If there is someone accepting such child at the
birth registration date, the Communal People's Committee shall collaborate in
dealing with this acceptance and deciding birth registration issues.
4. In case of the birth registration for a child
of a Vietnamese citizen and a Laotian citizen, the nationality section in the
birth certificate shall be filled in according to a written consent of the
father or mother; if the child's parents do not agree to selection of
nationality, Vietnamese citizenship shall be accepted.
In case the birth registration is not for a
child, the nationality of the birth certificate holder shall be defined on the
basis of nationality defined in the list approve by the Leader of Vietnam
Border Committee Delegation.
5. As for those who has been granted the
naturalized Vietnamese citizenship in accordance with regulations laid down in
Article 5 hereof, if that person requires a birth certificate, (s)he is also
eligible for the birth registration under the provisions of this Article and
his/her Vietnamese nationality shall be clearly written in the birth register
and birth certificate.
Article 8. Marriage registration
1. The Communal People's Committee of a border
district where both spouses are residing shall be responsible for the marriage
registration for entities stipulated in Clause 1 and 2 Article 2 hereof.
Both spouses must submit the marriage
registration form (according to the form issued together with this Circular) to
the Communal People’s Committee.
2. Within a permitted period of 01 working day
of receipt of the marriage registration form, if both spouses are eligible for
marriage registration in conformity with the Law on Marriage and Family,
registrars must record their marriage in the marriage register, marriage
certificate and report to the Communal People’s Committee for his/her signature
and grant of the marriage certificate to both spouses.
3. When registering their marriage, both spouses
must be present and sign their names into the marriage register and marriage
certificate before obtaining the confirmatory signature from the registrar; if
they are unable to sign their names, their fingerprints must be appended.
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Chapter III
IMPLEMENTARY PROVISIONS
Article 9. Effect
This Circular shall come into force from May 16,
2015 and shall be declared void if the agreement is terminated.
After the validity of this Circular ends but
dealing with applications for grant of Vietnamese citizenship, birth, marriage
registration for entities stipulated by Article 2 hereof still continues, this
Circular shall continue its effectiveness till the end of this action. As for
Vietnamese naturalization application, birth and marriage registration that may
arise after the end of the validity of this Circular, general legal regulations
shall be the basis for considering any solution to such actions.
Article 10. Implementary responsibility
The People’s Committee of Dien Bien, Son La,
Thanh Hoa, Nghe An, Ha Tinh, Quang Binh, Quang Tri, Thua Thien Hue, Quang Nam
and Kon Tum at all administrative levels and relevant agencies shall be
responsible for implementing this Circular.
In the course of implementation, if there is any
difficulty that may arise, organizations or individuals must promptly notify
the Ministry of Justice to seek their instructions./.
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PP. THE MINISTER
THE DEPUTY MINISTER
Nguyen Khanh Ngoc