Issuance of certificate of Vietnamese nationality for overseas Vietnamese

The procedures of issuance of certificate of Vietnamese nationality for overseas Vietnamese

Post date: 28-08-2022

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Issuance of certificate of Vietnamese nationality for overseas Vietnamese

Issuance of certificate 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. Authorities to issue certificates of Vietnamese nationality for overseas Vietnamese

Applicants, overseas Vietnamese, 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.

3. Application files for issuance of certificates of Vietnamese nationality for overseas Vietnamese

Each applicant, overseas Vietnamese, for issuance of certificate of Vietnamese nationality shall prepare 1 application consisting of following documents:
a) A declaration form in standard form, with 2 photos sized 4x6 taken in the past 6 months
b) Copies of following documents:
i) 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;
ii) Documents proving Vietnamese nationality according to Clause 1 above 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;
iii) In case documents proving Vietnamese nationality specified in Point ii Clause b above are not available, the applicant must prepare personal data sheet together with any of the following documents to serve as the basis for verification of Vietnamese nationality:
- 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;
- 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 examining, verifying and looking up Vietnamese nationality for oversea Vietnamese 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.

5. Within 5 working days from the date on which lookup and verification results specified in Clause 4 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.


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

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