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MINISTRY OF JUSTICE OF VIETNAM |
SOCIALIST REPUBLIC OF VIETNAM |
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No. 1066/VBHN-BTP |
Hanoi, February 28, 2025 |
ELABORATION AND MEASURES FOR ENFORCEMENT OF LAW ON VIETNAMESE NATIONALITY
The Government’s Decree No. 16/2020/ND-CP dated February 03, 2020 on elaboration and measures for enforcement of the Law on Vietnamese Nationality, which comes into force from March 20, 2020 is amended by:
The Government’s Decree No. 07/2025/ND-CP dated January 09, 2024 on amendments to a number of articles of Decrees in the fields of civil status, nationality and authentication, which comes into force from January 09, 2025.
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 the Minister of Justice;
The Government promulgates Decree on elaboration and measures for enforcement of Law on Vietnamese Nationality[1].
This Decree elaborates some 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 for state management regarding nationality.
Article 2. Consular legalization and translation of nationality-related documents into Vietnamese
Documents included in applications for naturalization, restoration and renunciation of Vietnamese nationality and documents on 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 written in foreign languages must be translated into Vietnamese; the translations must be verified or bear authenticated signatures of the translators according to regulations and law of Vietnam.
1. Applicants for restoration, renunciation of Vietnamese nationality or settlement of other affairs related to nationality may submit applications in person or by post to competent agencies capable of accepting applications according to Law on Vietnamese Nationality and this Decree. Applicants must not authorize other persons to submit their applications. In case an applicant who applies for restoration, renunciation of Vietnamese nationality or settlement of other affairs related to nationality resides in a country or territory where diplomatic missions, consular missions or other agencies authorized to exercise consular functions of Vietnam in foreign countries (hereinafter referred to as “representative missions”) are not available, he/she shall submit the application at a non-resident representative mission or a representative mission of choice.
An applicant for naturalization of Vietnamese nationality must submit an application in person at Department of Justice of province where he/she resides.
Applications for settlement of nationality-related affairs on behalf of minors and persons with limited legal capacity shall be submitted by legal representatives or guardians thereof.
2. In case documents to be submitted must be copies as prescribed by regulations and law, applicants may submit photocopies of the master registers, certified true copies or copies issued with the master registers. If photocopies of the master registers are submitted, the master registers must be attached for comparison; persons receiving the documents shall compare the copies with the master registers and sign to confirm the comparison.
In case documents are submitted by post, copies thereof must be certified or issued with the master registers; Applications, declaration forms and personal information sheets must bear authenticated signatures as per the law.
3. Persons accepting applications are responsible for examining legitimacy of contents thereof. If the applications are inadequate or unsatisfactory, guidance on revision and completion must be provided. If the applications are adequate and satisfactory, the persons accepting the applications shall record them in acceptance registers and issue receipt notices using defined forms to the applicants. If the applications are submitted by post, the persons accepting the applications shall send receipt notices to the applicants by post.
4. Each agency accepting applications shall fully prepare list of all contents contained in each document and list of applicants for settlement of nationality-related affairs using defined forms.
With respect to applications for renunciation of Vietnamese nationality, agencies accepting applications are responsible for classifying into applications exempted from verification of personal information according to Article 30 of Law on Vietnamese Nationality and applications requiring verification of personal information.
In case of exemption from verification of personal information, documents on naturalization of foreign nationality must remain valid for at least 120 days from the date of acceptance; in case of compulsory verification of personal information, documents on naturalization of foreign nationality must remain valid for at least 150 days from the date of acceptance.
5. Results of settlement of nationality-related affairs shall be returned to the applicants in person or by post. Applicants requesting that results be returned by post shall pay all costs for return of results by post.
6. Assignment of Decision on naturalization of Vietnamese nationality shall comply with Article 12 of this Decree.
1. From the effective date of decision 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 to the aforesaid person shall be no longer valid for proving Vietnamese nationality.
2. Removal of permanent residence registration, revocation and invalidation of Vietnamese passports, ID cards and Citizen Identity Cards or e-identification [2] of persons specified in clause 1 of this Article shall comply with clause 3 Article 24, clause 2 Article 26 of this Decree and relevant law provisions.
In case Vietnamese nationality is specified in civil status documents of persons who renounce their Vietnamese nationality or are denaturalized or are subject to annulment of decisions on naturalization of Vietnamese nationality, the change of nationality shall be notified and recorded in civil status books in accordance with Article 25 of this Decree.
The Government of Socialist Republic of Vietnam shall only recognize 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.
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 that are no longer valid specified in clause 1 Article 4 of this Decree to prove Vietnamese nationality;
c) Abuse of assigned powers to issue documents related to Vietnamese nationality, documents proving Vietnamese nationality or other documents specifying Vietnamese nationality; provision of confirmation without any ground or untruthful confirmation regarding applicants for naturalization and restoration of Vietnamese nationality;
d) Abuse of naturalization, restoration and renunciation of Vietnamese nationality and retention of foreign nationality in case of successful naturalization or restoration of Vietnamese nationality for infringement of national security and benefits, social order and safety of the Government of Socialist Republic of Vietnam; commission of violations against legitimate rights and benefits of Vietnamese agencies, organizations and citizens.
2. Individuals and organizations committing violations specified in clause 1 of this Article shall incur penalties as per the law depending on nature and severity of the violations; documents specified in point b clause 1 of this Article, documents issued in cases specified in points a and c clause 1 of this Article that are not valid shall be revoked and disposed.
3. If it is discovered that a person who has been naturalized in Vietnam according to Article 19 of Law on Nationality commits one of the violations specified in point a clause 1 of this Article, the Ministry of Justice shall finalize document and send a report to the Prime Minister that will request 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.
Section 1. NATURALIZATION OF VIETNAMESE NATIONALITY
1. Knowing Vietnamese enough for integration into Vietnamese community refers to capacity to hear, speak, read and write in Vietnamese in conformity with 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 shall be persons who are residing in Vietnam and issued 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. The 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.
1. Persons who have made meritorious contributions to Vietnam’s national construction and defense refer to those who are awarded medals or other prestigious titles of the Government of the Democratic Republic of Vietnam, the Provisional Revolutionary Government of the Republic of South Vietnam, the Government of Socialist Republic of Vietnam or have their meritorious contributions confirmed by competent agencies of Vietnam on the basis of documents and remarks of relevant agencies and organizations and specialized regulations and law.
2. Persons whose naturalization of Vietnamese nationality is helpful for the Government of Socialist Republic of Vietnam shall be persons who have outstanding talents in fields of science, economy, culture, social, arts, sports, health, education, have won international awards, medals or have their talents certified by presiding agencies or organizations, confirmed by ministerial regulatory agencies and positive and long-lasting contribution towards the aforesaid fields of Vietnam after naturalization is well-grounded.
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 the 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 and the retention of his/her foreign nationality at the same time is beneficial to the Government of Socialist Republic of Vietnam.
3. The retention of his/her foreign nationality upon naturalization of Vietnamese nationality is satisfactory to regulations and law of said foreign country.
4. The 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 legitimate 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 10. Certain documents included application for naturalization of Vietnamese nationality
1.[3] Documents specified in points b, d, dd, e and g of clause 1 of Article 20 of Law on Vietnamese Nationality are the following documents:
a) Other documents serving as substitutes for birth certificates and passports with respect to stateless persons applying for naturalization of Vietnamese nationality refer to documents containing information about full name, date of birth, pictures of such 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 copies of degrees and qualifications proving that the applicants have studied in Vietnamese in Vietnam, including 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 issued by the Ministry of Education and Training.
In case an applicant for Vietnamese nationality does not have documents proving fluency in Vietnamese, the Department of Justice shall organize examination and carry out interview him/her about his/her ability to hear, speak, read and write in Vietnamese to ensure that regulations in clause 1 Article 7 of this Decree are complied with. 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)[4] Copies of birth certificates of juvenile children who will be naturalized in Vietnam together with their parents or other valid documents proving parent-child relationship are required in case receiving agencies cannot extract information proving the parent-child relationship from the Electronic Civil Status Database or the National Population Database.
In case only one of the parents is naturalized in Vietnam and their juvenile children are also naturalized in Vietnam together with them, written agreements bearing both signatures of the parents on naturalization of Vietnamese nationality for the children shall be present. Signature authentication is not required for the agreements; a parent whose name is written 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, have lost legal capacity or have limited legal capacity, the agreements shall be replaced with documents proving that parents are deceased, have lost legal capacity or have limited legal capacity;
d) Copies of Permanent Residence Cards shall be presented;
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 and 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 permanently on house, occupation and income of the applicants.
e)[5] Departments of Justice shall proactively request agencies managing judicial record databases to issue judicial record cards to the applicants for Vietnamese nationality during their residence in Vietnam to complete their applications, except in cases where the applicants have been already issued with Criminal Record Cards at the time of submission of their applications.
Such regulations also apply to applications for restoration of Vietnamese nationality and applications for renunciation of Vietnamese nationality submitted to the Departments of Justice.”.
2. Persons exempted from certain conditions for naturalization of Vietnamese nationality as specified in clause 2 Article 19 of Law of Vietnamese Nationality and Article 8 of this Decree shall submit following documents:
a) [6] In case an applicant has a spouse who is a Vietnamese citizen, a copy of marriage certificate or marital status certificate is required; in case an applicant has parents and children who are Vietnamese citizens, copies of birth certificates or other valid documents parent-child relationship are required if the receiving agency cannot extract information proving the marital relationship, the parent-child relationship from the Electronic Civil Status Database or the National Population Database
b) In case persons have meritorious contributions to Vietnam’s national construction and defense or their naturalization of Vietnamese nationality is beneficial for the Government of Socialist Republic of Vietnam as specified in Article 8 of this Decree, documents proving corresponding eligibility are required.
3. Applicants for naturalization of Vietnamese nationality and retention of foreign nationality at the same time falling into special cases specified in Article 9 of this Decree shall 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 to prove conditions specified in Clauses 2, 3 and 4 Article 9 and written commitment regarding contents in clause 5 Article 9 of this Decree.
4. An application for naturalization of Vietnamese nationality shall be made into 03 and they shall be stored at the Office of the President, the Ministry of Justice and application-accepting agencies.
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 has not yet fulfilled all conditions for naturalization of Vietnamese nationality, the Ministry of Justice shall notify the People’s Committee of province or central-affiliated city (hereinafter referred to as “provincial People’s Committee”) in writing and provide guidance for the Department of Justice to instruct the applicant to revise the application and fulfilled all conditions. Within 5 working days from the date of receipt of the notification from the Ministry of Justice, the Department of Justice shall issue a document providing the applicant with guidance on revision to the application and fulfillment of the conditions.
In case of application for naturalization of Vietnamese nationality and retention of foreign nationality at the same time without provision of sufficient documents proving eligibility for special cases as specified in clauses 2, 3, 4 and 5 Article 9 of this Decree, the Ministry of Justice shall notify the provincial People’s Committee in writing to request the applicant to renounce foreign nationality.
2. If an applicant fails to revise his/her application, fulfill all conditions or submit documents issued by the foreign competent agency and allowing renunciation of foreign nationality within 9 months from the date on which the Ministry of Justice issues the notification as specified in clause 1 of this Article, he/she shall be considered to stop applying for naturalization of Vietnamese nationality and the Ministry of Justice shall return the application. The 9-month period shall not be included in the period for processing the application as specified in clause 3 Article 21 of Law on Vietnamese Nationality.
3. During consideration of the applications for naturalization of Vietnamese nationality and retention of foreign nationality at the same time of special cases specified in Article 9 of this Decree, if the applications are complicated or related to security and politics, the Ministry of Justice shall consult relevant ministries before sending reports to the Prime Minister that will request the President to consider issuing decisions.
4. Once the application for Vietnamese nationality is sufficient and valid, the Minister of Justice shall sign proposal to be submitted to the President to consider naturalization of Vietnamese nationality on behalf of the Prime Minister, except for the case specified in clause 3 of this Article.
Regulations on the Minister of Justice signing the proposal to be submitted to the President on behalf of the Minister of Justice are also applicable to applications for restoration and renunciation of Vietnamese nationality.
5. Regulations on procedures for processing applications for naturalization of Vietnamese nationality and retention of foreign nationality at the same time in clauses 1, 2 and 3 of this Article are also applicable to applications for restoration of Vietnamese nationality and retention of foreign nationality at the same time 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 notification given by the Ministry of Justice, provincial People’s Committees shall direct Departments of Justice to hold ceremonies on assignment of decisions on naturalization of Vietnamese nationality to applicants of naturalization of Vietnamese nationality in a formal and meaningful fashion and in a manner satisfactory to current local conditions.
Section 2. RESTORATION OF VIETNAMESE NATIONALITY
1. Eligibility for restoration of Vietnamese nationality with regard to 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. Investors in Vietnam shall have investment projects issued with investment certificates by competent agencies of Vietnam.
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 the following conditions are simultaneously satisfied:
1. He/she satisfies the conditions for restoration of Vietnamese nationality according to Law of Vietnamese Nationality.
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.[7] Documents proving that an applicant for restoration of Vietnamese nationality used to obtain Vietnamese nationality as specified in point dd of clause 1 of Article 24 of Law on Vietnamese nationality are one of the following documents:
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 applicant.
In case previous information about the Vietnamese nationality status of the applicant can be extracted in the Electronic Civil Status Database or the National Population Database, the receiving agency shall not request the applicant to submit the above documents.
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 documents:
a) Documents proving spouse, biological parents or biological children of the applicant for restoration of Vietnamese nationality are Vietnamese citizens as specified in point a clause 2 Article 10 of this Decree; or
b) Documents proving corresponding eligibility in case of persons with meritorious contributions to Vietnam’s national construction and defense or where restoration of Vietnamese nationality is beneficial for the Government of Socialist Republic of Vietnam as specified in Clause 1 Article 13 of this Decree; or
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, documents issued by foreign competent agencies stating in detailed reasons for rejection of naturalization of foreign nationality. In case of rejection of naturalization of foreign nationality due to subjective reasons of the applicant, guarantee documents of any of biological parents, children, siblings or spouse of the applicant who are Vietnamese citizens and live in Vietnam together with written commitment of the applicant to voluntarily reside in Vietnam.
3. Applicants for restoration of Vietnamese nationality and retention of foreign nationality at the same time shall 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.[8] Copies of birth certificates or other valid documents proving parent-child relationship are required for juvenile children whose Vietnamese nationality shall be restored with their parents in case the receiving agency cannot extract information proving the parent-child relationship from the Electronic Civil Status Database or the National Population Database. In case only one of the parents has his/her Vietnamese nationality restored and their juvenile children also have their Vietnamese nationality restored with them, written agreements on restoration of Vietnamese nationality for the children are required. The agreements must bear both signatures of the parents, signature authentication is not required for the agreements; a parent whose name is written 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, have lost legal capacity or have 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. The application for restoration of Vietnamese nationality shall be made into 3 and stored at the Office of the President, the Ministry of Justice and agencies that accept the applications.
Article 16. Verification of application for restoration of Vietnamese nationality
1.[9] In case personal information on applicants for restoration of Vietnamese nationality shall be verified according to clause 3 Article 26 of Law on Vietnamese Nationality, the 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 the written request of Ministry of Justice is received, the Ministry of Public Security is responsible for conducting verification and replying in writing to the Ministry of Justice.
Section 3. RENUNCIATION 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 applications for renunciation of Vietnamese nationality.
Article 18. Certain documents in application for renunciation of Vietnamese nationality
1.[10] Documents confirming that 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, copies of passports or documents on personal information bearing pictures and issued by foreign competent agencies to prove that the applicants are obtaining foreign nationality are required.
1a. Documents proving that the applicants for renunciation of Vietnamese nationality have Vietnamese nationality are copies of their Vietnamese passports, citizen ID cards, 12-digit ID cards, electronic identification, 9-digit identity cards or other documents specified in Article 11 of the Law on Vietnamese Nationality, in case the receiving agency cannot extract information proving that the applicants have Vietnamese nationality from the Electronic Civil Status Database or the National Population Database.
2. Documents specified in point g clause 1 Article 28 of Law on Vietnamese Nationality are documents made by heads of agencies and confirming retirement, discharge, dismissal, removal or demobilization according to regulations of the fields to determine that 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.[11] Copies of birth certificates of juvenile children who will renounce Vietnamese nationality together with their parents or other valid documents proving parent-child relationship are required, in case the receiving agency cannot extract information proving the parent-child relationship from the Electronic Civil Status Database or the National Population Database In case only one of the parents renounces his/her Vietnamese nationality and their juvenile children also renounce their Vietnamese nationality together with the parents, written agreements bearing both signatures of the parents on renunciation of Vietnamese nationality for the children are required. Signature authentication is not required for the agreements; a parent whose name is written 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, have lost legal capacity or have 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. The application for renunciation of Vietnamese nationality shall be made into 03 and stored at the Office of the President, Ministry of Justice and agencies that accept the applications.
1. In case of expired documents enabling naturalization of foreign nationality, the Ministry of Justice shall notify in writing representative bodies to inform the applicants for renunciation of Vietnamese to follow procedures for extension or new issuance of said documents.
2. Representative bodies shall come up with measures to assist applicants for renunciation of Vietnamese nationality in 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 to representative bodies to transfer them to the Ministry of Justice.
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 shall promptly inform Departments of Justice which have uploaded the information.
1. In case an applicant for renunciation of Vietnamese nationality is not eligible for exemption from verification of personal information according to Article 30 of Law on Vietnamese Nationality, the Ministry of Justice shall issue documents stating contents that need to be verified by the Ministry of Public Security.
2. Within 45 working days from the date on which the request of Ministry of Justice is received, the Ministry of Public Security is responsible for conducting verification and replying in writing to the Ministry of Justice.
Section 4. DENATURALIZATION AND ANNULMENT OF DECISION ON NATURALIZATION OF VIETNAMESE NATIONALITY
Article 22. Request for denaturalization of Vietnamese nationality
1. In case provincial People’s Committees or representative bodies request denaturalization of Vietnamese nationality of persons committing violations specified in clause 1 Article 31 of Law on Vietnamese Nationality, requesting documents shall include:
a) Written request of provincial People’s Committees or representative bodies for denaturalization of Vietnamese nationality;
b) Documents and files on investigation, verification and conclusion of competent agencies regarding violations committed by 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 annulment of 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 for annulment of decisions on naturalization of Vietnamese nationality;
b) Documents and files on investigation, verification and conclusion of competent agencies regarding violations of persons subject to request for annulment of decisions on naturalization of Vietnamese nationality;
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 annulment of decisions on naturalization of Vietnamese nationality;
b) Legally valid judgments and relevant documents.
NOTIFICATION OF RESULTS OF NATIONALITY-RELATED AFFAIRS
1. Within 10 working days from the date on which decisions on naturalization of Vietnamese nationality are received, the Ministry of Justice shall give notification 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 ceremonies 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.
2. Decisions on restoration, renunciation, denaturalization and annulment of decisions on naturalization of Vietnamese nationality shall be notified as follows:
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, the Ministry of Justice shall give notification 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, manage 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 notification from the Ministry of Justice, the representative bodies shall be responsible for informing persons subject to restoration, renunciation and denaturalization of Vietnamese nationality about results of corresponding nationality-related affairs. Representative bodies shall revoke Vietnamese passports, ID cards and Citizen Identity Cards, electronic identification [12] 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 shall responsible for cooperating with police authorities in following procedures to remove permanent residence registration and submitting Vietnamese passports, ID cards and Citizen Identity Cards, electronic identification [13] according to relevant law provisions.
4. Persons eligible for naturalization and restoration of Vietnamese nationality may register for residence and be issued with Vietnamese passports, ID cards and Citizen Identity Cards, and electronic identification [14] according to relevant law provisions if requested.
Article 25. Notifying and recording changes in nationality in civil status books
1. Within 10 working days from the day on which decisions on renunciation, denaturalization and annulment of decisions on naturalization of Vietnamese nationality are received, the 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 them in the civil status books. Contents to be recorded include: decision number; date of issue; details; contents; and officials in charge of record shall sign and specify full name and date of record. In case civil registration is performed at representative bodies and civil status books have been stored at the Ministry of Foreign Affairs, the Ministry of Foreign Affairs shall do the record.
2. In case a person is eligible for restoration of Vietnamese nationality and the renunciation or denaturalization of his/her nationality has yet been recorded in the civil status book or a person is eligible for naturalization of Vietnamese nationality and the civil registration has been made at competent agencies of Vietnam, the notification of 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 notification of record, the Ministry of Justice shall be informed for further monitor and management.
1. Within 10 working days from the date on which decisions on naturalization and restoration of Vietnamese nationality are issued, the Ministry of Justice shall notify the Ministry of Public Security to direct competent police authorities to register for residence, issue Vietnamese passports and Citizen Identity Cards and electronic identification [15] to persons eligible for naturalization and restoration of Vietnamese nationality as per the law.
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, the Ministry of Justice shall notify Ministry of Public Security to direct competent police authorities to remove permanent residence registration, collection of Vietnamese passports, ID cards and Citizen Identity Cards, and electronic identification [16] of said persons.
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 send applications to representative bodies at places where they reside in order to be verified that they obtain Vietnamese nationality if necessary (hereinafter referred to as “applicants for verification of Vietnamese nationality”).
1. Based on year of birth, place of birth or place of residence of an applicant for verification of Vietnamese nationality and historic background from time to time, the representative body shall rely on following legislative documents to verify whether the applicant obtains 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 to which Vietnam is a signatory.
2. Papers serving as the basis for verification of Vietnamese nationality include:
a) Documents on 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 on 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 personal information on the applicant, including his/her ID card, Citizen Identity Card, electronic identification[17], residence documents, temporary resident card, laissez-passers, documents allowing international travel or documents confirming personal information which bear photos and are 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 the application is accepted, the representative body shall be responsible for examining the application, directly searching or requesting the Ministry of Foreign Affairs in written form to propose the Ministry of Justice to search nationality; within 10 working days, the Ministry of Justice shall search nationality and respond in writing to the Ministry of Foreign Affairs. If Vietnamese nationality of the applicant is verified and the applicant is not under the list of persons subject to renunciation, denaturalization and annulment of decision on naturalization of Vietnamese nationality, it shall be recorded in the book for application for verification of Vietnamese nationality. In case the applicant requests issuance of Vietnamese passport, the representative body shall follow procedures for issuance of passport or inform the applicant to arrive at the representative body to follow procedures for issuance of passports if the applicant receives the passport by post. The passport shall be issued according to relevant law provisions.
In case of application for verification of Vietnamese nationality without issuance of the Vietnamese passport, after recording Vietnamese nationality verification in the book for application, the representative body shall provide the applicant with copies using defined forms.
If the applicant later requests issuance of Vietnamese passport, the representative body shall issue the passport 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, the representative body shall issue written request to the Ministry of Foreign Affairs to propose the Ministry of Foreign Affairs to conduct search and request the Ministry of Public Security to carry out verification. Within 45 days from the date on which the request is received, the Ministry of Justice and the Ministry of Public Security shall conduct search and verification and respond in writing to the Ministry of Foreign Affairs.
Within 5 working days from the date on which looking up and verification results are received, the Ministry of Foreign Affairs shall inform the representative body to complete verification of Vietnamese nationality of the applicant.
If Vietnamese nationality cannot be verified, the agency accepting the application shall respond to the applicant in writing.
Section 2. ISSUANCE OF CERTIFICATE OF VIETNAMESE NATIONALITY
Article 30. Power to issue certificates of Vietnamese nationality [18]
Applicants for issuance of certificates of Vietnamese nationality shall send applications to Departments of Justice or representative bodies of provinces where they reside at the time of submission of applications.
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 personal information on the applicant, including his/her ID card, Citizen Identity Card, electronic identification[19], residence documents, temporary resident card, laissez-passers, documents allowing international travel or documents confirming personal information which bear photos and are issued by competent agencies;
b) [20] 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, in case the receiving agency cannot extract information proving Vietnamese nationality of the applicant from the Electronic Civil Status Database or the National Population Database
c) In case documents proving Vietnamese nationality specified in Point b Clause 1 of this Article are not available, the applicant must prepare personal data sheet together with any of the documents specified in clause 2 Article 28 of this Decree to serve as the basis for verification of Vietnamese nationality.
2. Procedures for examining, verifying and searching Vietnamese nationality are followed 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 search or request the Ministry of Justice in writing to search Vietnamese nationality; within 10 working days, the Ministry of Justice shall search and respond to the Departments of Justice in writing. If there is any doubt about authenticity of documents proving Vietnamese, Departments of Justice shall request agencies that issued the doubted documents to conduct verification; within 10 days from the date on which request of the Departments of Justice is received, the issuing agencies shall conduct verification and respond to the Departments of Justice in writing.
In case applications are submitted at representative bodies, within 05 working days from the date on which applications are accepted, representative bodies shall be responsible for examining the applications, directly searching or requesting the Ministry of Foreign Affairs in written form to propose the Ministry of Justice to search Vietnamese nationality; within 10 working days, the Ministry of Justice shall search nationality and respond in writing. If there is any doubt about authenticity of documents proving Vietnamese nationality issued by domestic competent agencies, representative bodies shall propose the Ministry of Foreign Affairs in writing to request the issuing agencies to conduct verification; within 10 days from the date on which the request of Ministry of Foreign Affairs is received, the issuing agencies shall conduct verification and respond to the Ministry of Foreign Affairs in writing. Within 5 working days from the date on which search results are received, the Ministry of Foreign Affairs shall inform in writing the representative bodies;
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 search or request the Ministry of Justice to search Vietnamese nationality, within 10 working days, the Ministry of Justice shall search nationality and respond in writing to Departments of Justice. Meanwhile, Departments of Justice shall request police authorities of the same level to verify personal information on the applicants; within 45 working days from the date on which requests of the Departments of Justice are received, police authorities shall verify personal information and respond in writing to Departments of Justice.
If applications are submitted at representative bodies, within 5 working days from the date on which the applications are accepted, representative bodies shall proactively conduct search or attach photos of documents and information provided by the applicants and send them to the Ministry of Foreign Affairs to request the Ministry of Justice and the Ministry of Public Security to search and verify personal information on the applicants. Within 10 working days, the Ministry of Justice shall conduct search and respond in writing to the Ministry of Foreign Affairs; within 45 days, the Ministry of Public Security shall verify personal information on the applicants and respond. Within 5 working days from the date on which search results are received, the Ministry of Foreign Affairs shall inform in writing the representative bodies.
3. Within 5 working days from the date on which search and verification results specified in clause 2 of this Article are received, if there are enough grounds to verify that the applicants obtain 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 it 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 applications shall respond to the applicants in writing.
Section 3. ISSUANCE OF CERTIFICATES OF VIETNAMESE ORIGIN
Article 32. Power to issue certificates of Vietnamese origin [21]
Applicants for issuance of certificates of Vietnamese origin shall submit applications at Departments of Justice or representative bodies of places where they reside at the time of submission of applications.
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 personal information on the applicant, including his/her ID card, Citizen Identity Card, electronic identification[22], residence documents, temporary resident card, laissez-passers, documents allowing international travel or documents confirming personal information which bear photos and are issued by competent agencies;
b)[23] Documents previously issued and proving that the applicant once held Vietnamese nationality and at birth their nationality was determined by their bloodline or documents proving he/she has parents or grandparents who hold Vietnamese nationality in case the receiving agency cannot extract such information from the Electronic Civil Status Database or the National Population Database.
In case none of the documents above are available, on a case-by-case basis, 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 may be submitted.
2. Within 5 working days from the date on which the applications are accepted, agencies that accept the applications shall be responsible for inspecting and examining information in the applications and documents presented by the applicants and compare them with database and dossiers on nationality. If there are enough grounds to confirm that the applicants have Vietnamese origin, agencies that accept the applications shall record it in Vietnamese origin certificate registry and issue certificates of Vietnamese origin to the applicants.
If issuance of certificates of Vietnamese origin is not well-grounded, agencies accepting the application shall notify the applicants in writing.
RESPONSIBILITIES OF AGENCIES FOR STATE MANAGEMENT OF NATIONALITY
Article 34. Responsibility of the Ministry of Justice
The Ministry of Justice shall assist the Government in performing joint state management of 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 and train professional operations regarding nationality for public officials and employees working in nationality-related affairs.
3. Publicize, popularize and raise awareness of nationality laws.
4. Issue, provide guidance on use of and manage forms of nationality registry and documents.
5. Inspect and handle affairs related to Vietnamese nationality, relevant accusations and violations related to nationality within its jurisdiction.
6. Examine documents and cooperate with the Ministry of Public Security in verifying nationality documents as per the law.
7. Take charge and cooperate with the Ministry of Foreign Affairs and the Ministry of Public Security in negotiating and signing international agreements related to nationality.
8. Conduct research and apply information technology to state management of nationality and processing of nationality documents.
9. Store nationality documents
10. Consolidate and list all nationality-related affairs handled and report them to the Prime Minister.
Article 35. Responsibility of the Ministry of Foreign Affairs
1. The Ministry of Foreign Affairs shall cooperate with the Ministry of Justice in performing state management of 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) Provide training in nationality operations for members of diplomatic missions and consular posts;
d) Publicize and popularize nationality laws for overseas Vietnamese;
dd) Handle accusations and take actions against violations related to nationality within its jurisdiction;
e) Collect and invalidate Vietnamese passports, ID cards and Citizen Identity Cards, electronic identification [24] issued to persons subject to renunciation, denaturalization or annulment of decisions on naturalization of Vietnamese nationality who are residing overseas as per the law;
g) Collect papers related to Vietnamese nationality illegally issued by representative bodies.
h) Consolidate and list all handled nationality affairs at representative bodies and submit them to the 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 jurisdiction; request in writing 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 jurisdiction;
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 them to the Ministry of Foreign Affairs as per the law;
e) Handle accusations and take actions against violation regarding nationality within their jurisdiction.
Article 36. Responsibility of the Ministry of Public Security
The Ministry of Public Security shall cooperate with the Ministry of Justice in handling nationality-related affairs and have following tasks and powers:
1. Appraise, verify or direct competent police authorities to verify personal information on 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 to verify 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 the request of Departments of Justice, representative bodies or other competent agencies.
3. Direct processing of residence registration, issuance of Vietnamese passports, ID cards, Citizen Identity Cards, electronic identification [25] to persons subject to naturalization and restoration of Vietnamese nationality; removal of residence registration, collection and invalidation of Vietnamese passports, ID cards, Citizen Identity Cards, electronic identification [26] of persons subject to renunciation, denaturalization and annulment of decisions on naturalization of Vietnamese nationality as per the law.
4. Cooperate in handling violations against regulations on settlement of nationality-related affairs.
Article 37. Responsibilities of provincial People’s Committees
1. Provincial People’s Committees shall perform state management of nationality in provinces and have following tasks and powers:
a) Accept and handle applications for naturalization, restoration and renunciation of Vietnamese nationality within their jurisdiction; request in writing the President to denaturalize Vietnamese nationality and annul decisions on naturalization of Vietnamese nationality; issue certificates of Vietnamese nationality; issue certificates of Vietnamese origin as per the law;
b) Publicize, popularize and raise awareness of nationality laws;
c) Store nationality registry and documents;
d) Handle accusations and handle violations against regulations on nationality within their jurisdiction;
dd) Consolidate and list all handled nationality-related affairs and report them to the Ministry of Justice as per the law;
e) Hold formal and meaningful ceremonies 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 that have been accepted before the effective date hereof but have not been fully processed shall continue to be processed according to the Decree No. 78/2009/ND-CP dated September 22, 2009 of the Government on elaborating a number of Articles of Law on Vietnamese Nationality and the Decree No. 97/2014/ND-CP dated October 17, 2014 of the Government on amendments to a number of Articles of the Decree No. 78/2009/ND-CP dated September 22, 2009 of the Government on elaborating a number of Articles of Law on Vietnamese Nationality.
Article 39. Entry into force [27]
This Decree comes into force from March 20, 2020.
This Decree replaces the Decree No. 78/2009/ND-CP dated September 22, 2009 of the Government on elaborating a number of Articles of Law on Vietnamese Nationality and the Decree No. 97/2014/ND-CP dated October 17, 2014 of the Government on amendments to a number of Articles of the Decree No. 78/2009/ND-CP dated September 22, 2009 of the Government on elaborating to a number of Articles of Law on Vietnamese Nationality.
The Joint Circular No. 05/2010/TTLT/BTP-BNG-BCA dated March 1, 2010 of the Ministry of Justice, the Ministry of Foreign Affairs and the Ministry of Public Security on elaborating the Decree No. 78/2009/ND-CP dated September 22, 2009 of the Government on elaborating to a number of Articles of Law on Vietnamese Nationality and the Joint Circular No. 05/2013/TTLT/BTP-BNG-BCA dated January 31, 2013 on amendments to Article 13 of the Joint Circular No. 05/2010/TTLT/BTP-BNG-BCA shall cease to be effective from the effective date hereof./.
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This translation is made by THƯ VIỆN PHÁP LUẬT, Ho Chi Minh City, Vietnam and
for reference purposes only. Its copyright is owned by THƯ VIỆN PHÁP LUẬT
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