Application for verification of Vietnamese nationality for overseas Vietnamese

The procedures of application for verification of Vietnamese nationality for overseas Vietnamese

Post date: 28-08-2022

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Application for verification of Vietnamese nationality for overseas Vietnamese

Application for verification of Vietnamese nationality for overseas Vietnamese

 

1. Papers proving Vietnamese nationality for overseas Vietnamese

One of the following papers is valid to prove that the person has Vietnamese nationality:
a) Birth certificate; in case the birth certificate does not clearly show the Vietnamese nationality, it must be accompanied by papers proving the Vietnamese nationality of the parents;
b) Vietnamese identity card;
c) Vietnamese passport;
d) Decision permitting the naturalization in Vietnam, decision permitting the restoration of Vietnamese nationality, decision recognizing the adoption of a foreign child, and decision permitting a foreigner to adopt a Vietnamese child.

2. Application for verification of Vietnamese nationality for overseas Vietnamese

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”).

3. Legislative documents and papers serving as basis for verification of Vietnamese nationality for overseas Vietnamese

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;
b) Order No. 73/SL dated December 7, 1945 on naturalization of Vietnamese nationality;
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.

2. Papers serving as the basis for verification of Vietnamese nationality include:

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.

4. Procedures for application for verification of Vietnamese nationality for overseas Vietnamese.

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.

3. During the period specified in Clause 2 of this Article, if verification of Vietnamese nationality is not well-grounded, representative bodies shall issue written request to Ministry of Foreign Affairs to propose Ministry of Foreign Affairs to look up and send Ministry of Public Security for verification. Within 45 days from the date on which the request is received, Ministry of Justice and Ministry of Public Security shall look up, verify and respond Ministry of Foreign Affairs in written form.

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.


Source: - Article 11- Law on Vietnamese Nationality
              - Decree No. 16/2020/ND-CP of the Government of Vietnam dated February 3, 2020

LAWYER VIETNAM LAW FIRM - Vietnamese Lawyers
 

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