Decree No. 16/2020/ND-CP detailing the Law on Vietnamese Citizenship

DECREE

Detailing a number of articles of, and providing measures to implement, the Law on Vietnamese Citizenship^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the November 13, 2008 Law on Vietnamese Citizenship;

Pursuant to the June 24, 2014 Law Amending and Supplementing a Number of Articles of the Law on Vietnamese Citizenship;

At the proposal of the Minister of Justice;

The Government promulgates the Decree detailing a number of articles of, and providing measures to implement, the Law on Vietnamese Citizenship.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Decree details a number of articles of, and provides measures to implement, the Law on Vietnamese Citizenship regarding the naturalization in Vietnam, restoration, renunciation and deprival of Vietnamese citizenship; cancellation of decisions permitting naturalization in Vietnam; notification of results of settlement of citizenship-related affairs; registration for identification of holding Vietnamese citizenship; grant of certificates of holding Vietnamese citizenship; grant of certificates of being persons of Vietnamese origin; and responsibilities of agencies in the state management of citizenship.

Article 2.Consular legalization and translation of papers in citizenship dossiers into Vietnamese

Papers in dossiers of application for naturalization in Vietnam, restoration or renunciation of Vietnamese citizenship, or for settlement of other affairs related to Vietnamese citizenship which are issued by foreign authorities must be consularly legalized, except cases exempt from consular legalization in accordance with Vietnam’s law or treaties to which Vietnam is a contracting party.

Foreign-language papers in citizenship dossiers must be translated into Vietnamese; translations must be notarized or have signatures of their translators certified in accordance with Vietnam’s law.

Article 3.Methods of submission and acceptance of dossiers and notification of results of settlement of citizenship-related affairs

1. Those who apply for restoration or renunciation of Vietnamese citizenship or settlement of other citizenship-related affairs may submit directly or send their dossiers by post to agencies competent to receive dossiers specified in the Law on Vietnamese Citizenship and this Decree and may not authorize others to submit dossiers. In case a person who applies for restoration or renunciation of Vietnamese citizenship or settlement of other citizenship-related affairs is residing in a country or territory where there is no Vietnamese diplomatic mission, consulate or another agency authorized to exercise consular functions in foreign countries (below referred to as Representative Mission), he/she shall submit such a dossier to the Representative Mission in charge of his/her country or the Representative Mission most convenient for him/her.

Applicants for naturalization in Vietnam shall submit their dossiers directly to provincial-level Justice Departments of localities where they reside.

Requests for settlement of citizenship-related affairs for minors or people with restricted civil act capacity shall be filed by their at-law representatives or guardians.

2. In case requesters for settlement of citizenship-related affairs are required by law to submit copies of papers, they may submit copies of originals, certified copies of originals or duplicates from registers. If submitting copies of originals, requesters shall produce originals for comparison; persons who receive dossiers shall check and compare copies with originals and sign to certify that they have compared copies with originals.

For dossiers sent by post, copies must be certified copies of originals or duplicates from registers. Signatures in applications, declarations and curriculum vitae must be certified in accordance with law.

3. A person who processes a dossier shall examine validity of papers in the dossier. If the dossier is incomplete or invalid, he/she shall guide the applicant/requester to supplement and complete the dossier. If the dossier is complete and valid, he/she shall make an entry in the dossier acceptance register and issue a dossier receipt, made according to a set form, to the submitter. For a dossier sent by post, a person who processes it shall send a dossier receipt to the submitter by post.

4. A dossier-processing agency shall make a list of all papers included in each dossier, enclosed with a list of requesters for settlement of citizenship-related affairs, according to set forms.

For dossiers of application for renunciation of Vietnamese citizenship, dossier-processing agencies shall classify dossiers into two categories: dossiers exempt from personal identity verification under Article 30 of the Law on Vietnamese Citizenship and dossiers subject to personal identity verification.

For cases exempt from personal identity verification, papers guaranteeing the acquisition of foreign citizenship must remain valid for at least 120 days from the date of dossier acceptance. For cases subject to personal identity verification, remaining validity duration must be at least 150 days from the date of dossier acceptance.

5. Notices of results of settlement of citizenship-related affairs shall be handed directly or sent by post to requesters. Those who want to receive notices of results of settlement of citizenship-related affairs by post shall pay expenses for sending these notices by post.

6. Handover of decisions permitting naturalization in Vietnam must comply with Article 12 of this Decree.

Article 4.Invalidation of papers proving Vietnamese citizenship granted to those who renounce Vietnamese citizenship, are deprived of Vietnamese citizenship or have decisions permitting their naturalization in Vietnam cancelled

1. As of the date a decision permitting the renunciation of Vietnamese citizenship, depriving of Vietnamese citizenship or cancelling a decision permitting naturalization in Vietnam of a person becomes legally effect, papers specified in Article 11 of the Law on Vietnamese Citizenship which have been granted to such person are no longer valid to prove his/her Vietnamese citizenship.

2. The deregistration of permanent residence, revocation and invalidation of Vietnamese passports, people’s identity cards or citizen identity cards of persons specified in Clause 1 of this Article must comply with Clause 3, Article 24 and Clause 2, Article 26 of this Decree and relevant laws.

For a person who has renounced Vietnamese citizenship, has been deprived of Vietnamese citizenship or has the decision permitting his/her naturalization in Vietnam cancelled, if his/her civil status papers indicate his/her Vietnamese citizenship, the notification and taking of note in the civil status register of the change of citizenship must comply with Article 25 of this Decree.

Article 5.Use of citizenship by Vietnamese citizens who concurrently hold foreign citizenship in relations with Vietnamese authorities

The State of the Socialist Republic of Vietnam only recognizes Vietnamese citizenship of Vietnamese citizens who concurrently hold foreign citizenship in relations with Vietnamese authorities, unless otherwise provided by treaties to which Vietnam is a contracting party.

Article 6.Prohibited acts

1. The following acts are prohibited:

a/ Using counterfeit, modified or erased papers to falsify  declared contents; making untruthful declarations or committing deceitful acts in carrying out citizenship-related procedures;

b/ Using papers that are no longer valid to prove Vietnamese citizenship under Clause 1, Article 4 of this Decree;

c/ Abusing vested powers to issue Vietnamese citizenship-related papers, papers proving Vietnamese citizenship or other papers indicating Vietnamese citizenship of holders in contravention of law; giving groundless or untruthful certifications about persons applying for naturalization in Vietnam or restoration of Vietnamese citizenship;

d/ Abusing naturalization in Vietnam, restoration or renunciation of Vietnamese citizenship or retention of foreign citizenship when being naturalized in Vietnam or having Vietnamese citizenship restored to cause harms to national security or interests and social order and safety of the State of the Socialist Republic of Vietnam or infringe upon lawful rights and interests of Vietnamese agencies, organizations and citizens.

2. Individuals and organizations that commit acts specified in Clause 1 of this Article shall, depending on nature and severity of their violations, be handled in accordance with law; papers specified at Point b, Clause 1 of this Article, and those issued in cases specified at Points a and c, Clause 1 of this Article are not legally valid and must be revoked.

3. For a person who has been naturalized in Vietnam under Article 19 of the Law on Vietnamese Citizenship but is detected as having committed the act specified at Point a, Clause 1 of this Article, the Ministry of Justice shall complete a dossier and report the case to the Prime Minister for proposing the President to cancel the decision permitting his/her naturalization in Vietnam under Articles 33 and 34 of the Law on Vietnamese Citizenship and Article 23 of this Decree.

Chapter II

PROCEDURES FOR NATURALIZATION IN VIETNAM, RESTORATION, RENUNCIATION OR DEPRIVAL OF VIETNAMESE CITIZENSHIP AND CANCELLATION OF DECISIONS PERMITTING NATURALIZATION IN VIETNAM

Section 1

NATURALIZATION IN VIETNAM

Article 7.A number of conditions for naturalization in Vietnam under Article 19 of the Law on Vietnamese Citizenship

1. Understanding Vietnamese language enough to integrate themselves into the Vietnamese community means Vietnamese listening comprehension, speaking, reading and writing skills suitable to living and working environments of applicants for naturalization in Vietnam.

2. Applicants for naturalization in Vietnam specified in Clauses 1 and 2, Article 19 of the Law on Vietnamese Citizenship must be those who are residing in Vietnam and have been granted permanent residence cards by competent Vietnamese public security agencies.

The period of permanent residence in Vietnam of an applicant for naturalization in Vietnam shall be counted from the date he/she is granted a permanent residence card.

3. Ability to ensure livelihood in Vietnam of an applicant for naturalization in Vietnam may be proven with his/her assets or lawful income sources or guaranteed by an organization or individual in Vietnam.

Article 8.Persons exempt from a number of conditions for naturalization in Vietnam under Points b and c, Clause 2, Article 19 of the Law on Vietnamese Citizenship

1. Persons with special merits and great contributions to the building and defense of the Vietnam Fatherland are those who are awarded an order, a medal or another honorable title of the State of the Democratic Republic of Vietnam, the Provisional Revolutionary Government of the Republic of South Vietnam or the State of the Socialist Republic of Vietnam or have their special merits certified by Vietnamese authorities on the basis of records and opinions of related agencies and organizations and the provisions of specialized laws.

2. Persons whose naturalization in Vietnam is beneficial to the State of the Socialist Republic of Vietnam are those who have outstanding talents in the fields of science, economics, culture, social affairs, arts, sports, healthcare or education, have won international prizes or awarded orders or medals or have their talents certified by agencies or organizations where they are working or ministerial-level state management agencies and there are grounds to believe that their naturalization in Vietnam will bring about positive and long-term contributions to the development of the above-said fields of Vietnam.

Article 9.Special cases of application for naturalization in Vietnam and concurrent retention of foreign citizenship under Clause 3, Article 19 of the Law on Vietnamese Citizenship

If an applicant for naturalization in Vietnam who falls into one of the cases specified in Clause 2, Article 19 of the Law on Vietnamese Citizenship fully satisfies the following conditions, he/she shall be regarded as a special case specified in Clause 3, Article 19 of the Law on Vietnamese Citizenship and his/her case shall be submitted to the President for consideration of permission for him/her to be naturalized in Vietnam without having to renounce his/her foreign citizenship:

1. He/she satisfies all the conditions for naturalization in Vietnam prescribed by the Law on Vietnamese Citizenship.

2. He/she has made special contribution to the building and defense of the Vietnam Fatherland and his/her naturalization in Vietnam while still holding foreign citizenship is beneficial to the State of the Socialist Republic of Vietnam.

3. His/her application for permission for retention of foreign citizenship upon naturalization in Vietnam is compliant with the law of the concerned foreign country.

4. The renunciation of his/her foreign citizenship might affect his/her interests in the concerned foreign country.

5. He/she does not use his/her foreign citizenship to cause harms to lawful rights and interests of agencies, organizations and individuals or infringe upon national security and interests and social order and safety of the State of the Socialist Republic of Vietnam.

Article 10.A number of papers in a dossier of application for naturalization in Vietnam

1. The papers specified at Points b, dd, e and g, Clause 1, Article 20 of the Law on Vietnamese Citizenship are the following:

a/ Another paper that may be used as a substitute for birth certificate or passport of a stateless person applying for naturalization in Vietnam is a paper containing information on full name and date of birth and stuck with a photo of such person and appended with the stamp of an authority or a laissez-passer or an international travel document.

b/ A paper proving Vietnamese language skills of a person applying for naturalization in Vietnam is a copy of a diploma or certificate proving that such person has studied in Vietnam in Vietnamese language, such as copy of doctor’s, master’s or bachelor’s degree or university graduation diploma, college or intermediate school graduation diploma (vocational secondary or intermediate school graduation diploma); upper or lower secondary school graduation diploma of Vietnam; copy of  Vietnamese-language certificate under the Vietnamese Language Competency Framework applicable to foreigners, issued by a Vietnamese educational institution under regulations of the Ministry of Education and Training.

In case an applicant for naturalization in Vietnam does not have papers proving his/her Vietnamese language skills, the concerned provincial-level Justice Department shall organize an examination or interview to check his/her Vietnamese listening comprehension, speaking, reading and writing skills to ensure that he/she satisfies the condition prescribed in Clause 1, Article 7 of this Decree. Interviewers include representatives of the provincial-level Justice Department and Education and Training Department. Examination or interview results shall be recorded in a minutes and examiners or interviewers shall take responsibility for examination or interview results as well as their recommendations.

c/ A copy of the birth certificate of a minor child who is naturalized in Vietnam together with his/her parent or another valid paper proving the father-child or mother-child relationship. In case only the father or mother applies for naturalization in Vietnam together with the minor child who is currently living with him/her, there must be a written agreement bearing signatures of both parents on application for naturalization in Vietnam for the child. Signatures on such a written agreement are not required to be certified but the person who undersigns the application for naturalization in Vietnam for the child shall be held responsible for authenticity of the signature of the other person.

In case the father or mother is dead, has lost civil act capacity or has restricted civil act capacity, such a written agreement may be replaced with a paper proving that the father or mother is dead, has lost civil act capacity or has restricted civil act capacity.

d/ A copy of the permanent residence card;

dd/ A paper proving ability of the applicant for naturalization in Vietnam to ensure  his/her livelihood in Vietnam which is one of the following papers: a document of title of his/her asset; paper issued by the agency or organization where he/she works certifying his/her salary or income; letter of guarantee of an organization or individual in Vietnam; and written certification by the People’s Committee of the commune, ward or township (below referred to as commune-level People’s Committee) where he/she is permanently residing of the his/her actual housing, job and income.

2. A person who is exempt from a number of conditions for naturalization in Vietnam under Clause 2, Article 19 of the Law on Vietnamese Citizenship and Article 8 of this Decree shall submit the following papers:

a/ A copy of his/her marriage certificate or written certification of marital status, for those whose spouses are Vietnamese citizens; a copy of his/her birth certificate or another valid paper proving parent-child relationship, for those whose parents or children are Vietnamese citizens;

b/ A paper proving his/her eligibility for exemption, for persons with special contributions to the building and defense of the Vietnam Fatherland or those whose naturalization in Vietnam is beneficial to the State of the Socialist Republic of Vietnam under Article 8 of this Decree.

3. A person who concurrently applies for naturalization in Vietnam and wishes to retain his/her foreign citizenship in a special case specified in Article 9 of this Decree must have papers proving satisfaction of the conditions for naturalization in Vietnam prescribed in Clause 1, Article 9, papers issued by Vietnamese and foreign authorities proving the satisfaction of the conditions prescribed in Clauses 2, 3 and 4, Article 9, and a written commitment about contents specified in Clause 5, Article 9, of this Decree.

4. A dossier of application for naturalization in Vietnam shall be made in 3 sets for archival at the Office of the President, Ministry of Justice and dossier-processing agency.

Article 11.Responsibilities of the Ministry of Justice in processing dossiers of application for naturalization in Vietnam under Clause 3, Article 21 of the Law on Vietnamese Citizenship

1. Within the time limit prescribed in Clause 3, Article 21 of the Law on Vietnamese Citizenship, if considering that a dossier is incomplete or an applicant for naturalization in Vietnam fails to fully satisfy the conditions for naturalization in Vietnam, the Ministry of Justice shall send a notice thereof to the People’s Committee of the concerned province or centrally run city (below referred to as provincial-level People’s Committee) and concurrently to the concerned provincial-level Justice Department for the latter to guide the applicant to supplement the dossier or fulfill the conditions. Within 5 working days after receiving the Ministry of Justice’s notice, the provincial-level Justice Department shall issue a document guiding the applicant to supplement the dossier or fulfill the conditions.

For a person who concurrently applies for naturalization in Vietnam and wishes to retain his/her foreign citizenship but does not have sufficient papers proving his/her eligibility for treatment as a special case under Clause 2, 3, 4 or 5, Article 9 of this Decree, the Ministry of Justice shall send a notice to the concerned provincial-level People’s Committee for the latter to request the applicant to carry out procedures for renouncing his/her foreign citizenship.

2. In case an applicant for naturalization in Vietnam fails to supplement his/her dossier, fulfill his/her conditions or submit a document issued by a foreign authority permitting him/her to renounce foreign citizenship within 9 months after the Ministry of Justice issues a notice under Clause 1 of this Article, he/she shall be considered no longer applying for naturalization in Vietnam and the Ministry of Justice shall return his/her dossier. The time limit of 9 months shall not be counted into the time limit for processing dossiers under Clause 3, Article 21 of the Law on Vietnamese Citizenship.

3. When considering a dossier of application for naturalization in Vietnam of an applicant who wishes to retain his/her foreign citizenship in a special case specified in Article 9 of this Decree, if finding the dossier complicated or involving a political security issue, the Ministry of Justice shall consult related ministries or sectors before reporting the case to the Prime Minister for submission to the President for consideration and decision.

4. When a dossier of application for naturalization in Vietnam becomes complete and valid, the Minister of Justice shall, under the authorization of the Prime Minister, sign a report to the President proposing the latter to consider permitting the applicant to be naturalized in Vietnam, except the cases specified in Clause 3 of this Article.

The provision that the Minister of Justice shall sign reports to the President under the authorization of the Prime Minister also applies to submission of dossiers of application for restoration or renunciation of Vietnamese citizenship.

5. The provisions on procedures for processing dossiers of application for naturalization in Vietnam and concurrent retention of foreign citizenship of Clauses 1, 2 and 3 of this Article also apply to processing dossiers of application for restoration of Vietnamese citizenship and concurrent retention of foreign citizenship under Article 14 of this Decree.

Article 12.Handover of decisions permitting naturalization in Vietnam

After receiving a decision of the President permitting the naturalization in Vietnam sent together with a notice of the Ministry of Justice, a concerned provincial-level People’s Committee shall hold a ceremony to hand over the decision to the person permitted to be naturalized in Vietnam in a solemn and significant manner suitable to local conditions.

Section 2

RESTORATION OF VIETNAMESE CITIZENSHIP

Article 13.Conditions for restoration of Vietnamese citizenship under Points c, d and dd, Clause 1, Article 23 of the Law on Vietnamese Citizenship

1. Conditions for restoration of Vietnamese citizenship for persons with special contributions to the building and defense of the Vietnam Fatherland and persons whose restoration of Vietnamese citizenship is beneficial to the State of the Socialist Republic of Vietnam are those applicable to cases specified in Article 8 of this Decree.

2. Investors in Vietnam must have investment projects and obtain papers proving their investment issued by Vietnamese authorities.

Article 14.Special cases of application for restoration of Vietnamese citizenship and concurrent retention of foreign citizenship under Clause 5, Article 23 of the Law on Vietnamese Citizenship

If an applicant for restoration of Vietnamese citizenship who falls into one of the cases specified in Clause 5, Article 23 of the Law on Vietnamese Citizenship and fully satisfies the following conditions, he/she shall be treated as a special case for submission to the President for grant of permission for restoration of Vietnamese citizenship without having to renounce his/her foreign citizenship:

1. He/she fully satisfies the conditions for restoration of Vietnamese citizenship under the Law on Vietnamese Citizenship.

2. The retention of his/her foreign citizenship while having Vietnamese citizenship restored is compliant with the law on the foreign country of which he/she holds citizenship.

3. The renunciation of his/her foreign citizenship might affect his/her interests in the country of which he/she holds citizenship.

4. He/she refrains from using his/her foreign citizenship to cause harms to lawful rights and interests of agencies, organizations and individuals or infringe upon national security and interests and social order and safety of the State of the Socialist Republic of Vietnam.

Article 15.A number of papers in a dossier of application for restoration of Vietnamese citizenship

1. A paper proving that an applicant for restoration of Vietnamese citizenship used to hold Vietnamese citizenship under Point dd, Clause 1, Article 24 of the Law on Vietnamese Citizenship is one of the following papers:

a/ Paper proving that the applicant has been permitted by the President to renounce Vietnamese citizenship or deprived of Vietnamese citizenship;

b/ Paper issued or certified by a Vietnamese competent agency or organization which indicates Vietnamese citizenship or paper that can be used to prove Vietnamese citizenship of the applicant in the past.

2. A paper proving satisfaction of the conditions for restoration of Vietnamese citizenship under Points b, c, dd and e, Clause 1, Article 23 of the Law on Vietnamese Citizenship is one of the following papers:

a/ Paper proving that the spouse, natural mother, natural father or child of the applicant for restoration of Vietnamese citizenship is a Vietnamese citizen as prescribed at Point a, Clause 2, Article 10 of this Decree;

b/ Paper proving that the applicant has made special contributions to the building and defense of the Vietnam Fatherland or the restoration of Vietnamese citizenship is beneficial to the State of the Socialist Republic of Vietnam under Clause 1, Article 13 of this Decree as appropriate;

c/ Paper proving investment of the applicant in Vietnam under Clause 2, Article 13 of this Decree;

d/ A person who applies for restoration of Vietnamese citizenship for the reason that he/she has renounced Vietnamese citizenship in order to acquire foreign citizenship but is not permitted to be naturalized in that foreign country must have a paper issued by a foreign authority certifying the reason for failure to acquire foreign citizenship. In case the applicant fails to acquire foreign citizenship because of his/her fault, there must be a letter of guarantee of his/her mother or father, spouse, child or natural sibling who is a Vietnamese citizen currently residing in Vietnam, enclosed with such person’s application for residence in Vietnam.

3. A person who applies for restoration of Vietnamese citizenship and concurrent retention of foreign citizenship must have papers proving the satisfaction of conditions for restoration of Vietnamese citizenship prescribed in Clause 1, Article 14, papers issued by Vietnamese or foreign authorities proving the satisfaction of the conditions prescribed in Clauses 2 and 3, Article 14, and such person’s undertaking for the contents prescribed in Clause 4, Article 14, of this Decree.

4. For a minor child who applies for restoration of Vietnamese citizenship together with his/her parents, there must be a copy of his/her birth certificate or another valid paper proving the father-child or mother-child relationship. In case only one parent applies for restoration of Vietnamese citizenship together with the minor child who is living with him/her, he/she shall submit a written agreement with the other parent on application for restoration of Vietnamese citizenship for their child. Such a written agreement must bear signatures of both parents which are not required to be certified but the person who undersigns the application for restoration of Vietnamese citizenship for the child shall be held responsible for authenticity of the signature of the other.

In case one parent is dead, has lost civil act capacity or has restricted civil act capacity, such a written agreement may be replaced with a paper proving that such person is dead, has lost civil act capacity or has restricted civil act capacity.

5. A dossier of application for restoration of Vietnamese citizenship shall be made in 3 sets for archival at the Office of the President, Ministry of Justice and dossier-processing agency.

Article 16.Verification of dossiers of application for restoration of Vietnamese citizenship

1. When necessary to verify personal identity of an applicant for restoration of Vietnamese citizenship under Clause 3, Article 26 of the Law on Vietnamese Citizenship, the Ministry of Justice shall send to the Ministry of Public Security a request clearly stating to-be-verified contents.

2. Within 45 days after receiving a request from the Ministry of Justice, the Ministry of Public Security shall verify and notify verification results in writing to the Ministry of Justice.

Section 3

RENUNCIATION OF VIETNAMESE CITIZENSHIP

Article 17.Cases not yet eligible for renunciation of Vietnamese citizenship under Point a, Clause 2, Article 27 of the Law on Vietnamese Citizenship

In the course of accepting and processing dossiers of application for renunciation of Vietnamese citizenship, if receiving documents of tax administration agencies or agencies, organizations or individuals being lawful creditors which say that applicants still owe tax debts or other monetary or asset debts, competent agencies shall refuse to accept and process such dossiers.

Article 18.A number of papers in a dossier of application for renunciation of Vietnamese citizenship

1. Papers proving that an applicant for renunciation of Vietnamese citizenship is carrying out procedures for naturalization in a foreign country under Point dd, Clause 1, Article 28 of the Law on Vietnamese Citizenship are papers issued by a foreign authority certifying or guaranteeing that such person is permitted to be naturalized in that foreign country. In case the applicant has acquired foreign citizenship, he/she shall submit a copy of his/her passport or an identity paper stuck with his/her photo, issued by a foreign authority to prove that he/she is holding foreign citizenship.

2. The paper specified at Point g, Clause 1, Article 28 of the Law on Vietnamese Citizenship is the document made by the head of the agency or unit that has issued the decision on retirement, work stoppage, relief from duty, dismissal, discharge from the army or demobilization under regulations of the sector to certify that such person’s renunciation of Vietnamese citizenship does neither affect the protection of national secrets or security nor contravene regulations of the sector.

3. A copy of the birth certificate of the minor child who renounces Vietnamese citizenship together with his/her parents or another valid paper proving the father-child or mother-child relationship. In case only one parent applies for renunciation of Vietnamese citizenship together with the minor child who is living him/her, he/she shall submit a written agreement with the other parent on application or renunciation of Vietnamese citizenship for their child. Such a written agreement must bear signatures of both parents which are not required to be certified, but the person who undersigns the application for renunciation of Vietnamese citizenship for the child shall be held responsible for authenticity of the signature of the other.

In case one parent is dead, has lost civil act capacity or has restricted civil act capacity, such a written agreement may be replaced with a paper proving that such person is dead, has lost civil act capacity or has restricted civil act capacity.

4. A dossier of application for renunciation of Vietnamese citizenship shall be made in 3 sets for archival at the Office of the President, Ministry of Justice and dossier-processing agency.

Article 19.Processing of dossiers of application for renunciation of Vietnamese citizenship in case papers guaranteeing the acquisition of foreign citizenship expire

1. In case a paper guaranteeing the acquisition of foreign citizenship of an applicant for renunciation of Vietnamese citizenship expires, the Ministry of Justice shall send a document to the concerned Representative Mission for the latter to notify the applicant for carrying out procedures for renewal or re-grant of such paper.

2. The concerned Representative Mission shall take measures to support the applicant in carrying out procedures for renewal or re-grant of the paper guaranteeing the acquisition of foreign citizenship, if he/she so requests.

3. The applicant for renunciation of Vietnamese citizenship shall submit the renewed or re-granted paper guaranteeing the acquisition of foreign citizenship to the concerned Representative Mission for the latter to forward it to the Ministry of Justice.

Article 20.Responsibilities of agencies, organizations and individuals in notifying cases not yet permitted or not permitted to renounce Vietnamese citizenship

Within 60 days after a provincial-level Justice Department publicizes information on an applicant for renunciation of Vietnamese citizenship under Clause 2, Article 29 of the Law on Vietnamese Citizenship, if public security agencies, civil judgment execution offices, tax administration agencies or other agencies, organizations or individuals detect that such applicant falls into cases not yet permitted or not permitted to renounce Vietnamese citizenship specified in Clauses 2, 3 and 4, Article 17 of the Law on Vietnamese citizenship, they shall promptly notify such to the provincial-level Justice Department that has publicized the information.

Article 21.Verification of personal identity of applicants for renunciation of Vietnamese citizenship

1. In case an applicant for renunciation of Vietnamese citizenship is not exempt from personal identity verification under Article 30 of the Law on Vietnamese Citizenship, the Ministry of Justice shall send to the Ministry of Public Security a request clearly stating to-be-verified contents.

2. Within 45 days after receiving a request from the Ministry of Justice, the Ministry of Public Security shall verify and notify verification results in writing to the Ministry of Justice.

Section 4

DEPRIVAL OF VIETNAMESE CITIZENSHIP, CANCELLATION OF DECISIONS PERMITTING NATURALIZATION IN VIETNAM

Article 22.Dossier of proposal for deprival of Vietnamese citizenship

1. In case a provincial-level People’s Committee or Representative Mission proposes the deprival of Vietnamese citizenship of a person who commits one of the acts specified in Clause 1, Article 31 of the Law on Vietnamese Citizenship, a dossier of proposal must comprise:

a/ A written proposal for deprival of Vietnamese citizenship, made by the provincial-level People’s Committee or representative mission;

b/ Investigation and verification files and documents and conclusions of competent agencies about the violation committed by the person proposed for deprival of Vietnamese citizenship;

c/ The written denunciation against the person proposed for deprival of Vietnamese citizenship (if any).

2. In case the court that has tried a defendant for an act specified in Clause 1, Article 31 of the Law on Vietnamese Citizenship proposes deprival of Vietnamese citizenship of such person, a dossier must comprise:

a/ A written proposal for deprival of Vietnamese citizenship, made by the court;

b/ The legally effective judgment and relevant documents.

Article 23.Dossiers of proposal for cancellation of decisions permitting naturalization in Vietnam

1. In case a provincial-level People’s Committee proposes cancellation of a decision permitting a person who commits a violation specified in Clause 1, Article 33 of the Law on Vietnamese Citizenship to naturalize in Vietnam, a dossier must comprise:

a/ A written proposal for cancellation of the decision permitting naturalization in Vietnam, made by the provincial-level People’s Committee;

b/ Investigation and verification files and documents and conclusions of competent agencies about the violation committed by such person;

c/ The written denunciation against such person (if any).

2. In case the court that has tried a defendant for a violation specified in Clause 1, Article 33 of the Law on Vietnamese Citizenship proposes cancellation of the decision permitting such person to naturalize in Vietnam, a dossier must comprise:

a/ A written proposal for cancellation of the decision on permission for naturalization in Vietnam, made by the court;

b/ The legally effective judgment and relevant documents.

Chapter III

NOTIFICATION OF RESULTS OF SETTLEMENT OF CITIZENSHIP-RELATED AFFAIRS

Article 24.Notification of grant to permission for naturalization in Vietnam, restoration, renunciation and deprival of Vietnamese citizenship, cancellation of decisions permitting naturalization in Vietnam

1. Within 10 working days after receiving a decision permitting a person to naturalize in Vietnam, the Ministry of Justice shall send a notice enclosed with a copy of such decision to the provincial-level People’s Committee where the dossier is accepted for the latter to organize a ceremony to hand over the decision to such person.

The handover of decision permitting naturalization in Vietnam must comply with Article 12 of this Decree.

2. Procedures for notification of decisions permitting restoration or renunciation or depriving of Vietnamese citizenship, or cancelling decision permitting naturalization in Vietnam are as follows:

Within 10 working days after receiving a decision permitting restoration or renunciation or depriving of Vietnamese citizenship or cancelling a decision permitting naturalization in Vietnam, the Ministry of Justice shall send a notice enclosed with a copy of such decision to the person who is permitted to restore or  renounce Vietnamese citizenship, deprived of Vietnamese citizenship or has the decision permitted him/her to naturalize in Vietnam cancelled, and concurrently to the provincial-level People’s Committee where the dossier is accepted for monitoring and management of, and making statistics on, settled citizenship-related affairs.

In case a dossier of application for restoration or renunciation Vietnamese citizenship or a dossier of deprival of Vietnamese citizenship is accepted at a representative mission, the representative mission shall, after receiving the Ministry of Justice’s notice, notify the person who is permitted to renounce or restore Vietnamese citizenship or is deprived Vietnamese citizenship of the result of settlement of the relevant citizenship-related affair. The representative mission shall revoke Vietnamese passport, people’s identity card or citizen identity card of such person in accordance with relevant laws.

3. A person who is permitted to renounce or restore Vietnamese citizenship, is deprived Vietnamese citizenship or has the decision permitting him/her to be naturalized in Vietnam cancelled shall coordinate with a public security agency in carrying out procedures for deletion of his/her permanent residence registration and return his/her Vietnamese passport, people’s identity card or citizen identity card in accordance with relevant laws.

4. Persons permitted to naturalize in Vietnam or restore Vietnamese citizenship may register their residence and be granted Vietnamese passports, people’s identity cards or citizen identity cards in accordance with relevant laws if they so wish.

Article 25.Notification and taking of notes of change of citizenship in civil status registers

1. Within 10 working days after receiving a decision permitting renunciation of Vietnamese citizenship, decision on deprival of Vietnamese citizenship, or decision cancelling a decision on permitting for naturalization in Vietnam, the Ministry of Justice shall send a notice to the provincial-level Justice Department or representative mission where the concerned person has made his/her civil status registration for the latter to take notes in the civil status register or guide the taking of notes in the civil status register. To-be-noted information includes the serial number, date of issue and contents of the decision; the officer who takes notes shall sign, write his/her full name and date of taking notes. In case such person has made civil status registration at a representative mission and the civil status register has been transferred to the Ministry of Foreign Affairs for archive, the Ministry of Foreign Affairs shall take notes.

2. For a person whose renunciation or deprival of Vietnamese citizenship has been noted in the civil status register and who now is permitted to restore Vietnamese citizenship or a person who is permitted for naturalization in Vietnam and has previously made civil status registration at a competent Vietnamese agency, the notification of the taking of notes of restoration of Vietnamese citizenship or naturalization in Vietnam in civil status registers must also comply with Clause 1 of this Article.

3. Upon receiving a notice of taking notes, if the representative mission or provincial-level Justice Department no longer archives the previous civil status register, it shall notify such to the Ministry of Justice for monitoring and management.

Article 26.Notification to the Ministry of Public Security of results of settlement of citizenship-related affairs

1. Within 10 working days after obtaining a decision permitting naturalization in Vietnam or restoration of Vietnamese citizenship, the Ministry of Justice shall notify such to the Ministry of Public Security for the latter to direct a competent public security agency in registering residence of, grant Vietnamese passport or citizen identity card to the person permitted to naturalize in Vietnam or restore Vietnamese citizenship in accordance with law.

2. In case a person who is permitted to renounce or is deprived of Vietnamese citizenship or has the decision permitting him/her to naturalize in Vietnam cancelled is currently residing in Vietnam or has once resided in Vietnam, within 10 working days after obtaining the decision permitting renunciation of Vietnamese citizenship, decision on deprival of Vietnamese citizenship, or decision cancelling the decision  permitting naturalization in Vietnam, the Ministry of Justice shall notify such to the Ministry of Public Security for the latter to direct a competent public security agency to delete such person’s residence registration and revoke his/her Vietnamese passport, people’s identity card or citizen identity card in accordance with law.

Chapter IV

REGISTRATION FOR IDENTIFICATION OF HOLDING VIETNAMESE CITIZENSHIP, GRANT OF CERTIFICATES OF HOLDING OF VIETNAMESE CITIZENSHIP, GRANT OF CERTIFICATES OF BEING PERSONS OF VIETNAMESE ORIGIN

Section 1

REGISTRATION FOR IDENTIFICATION OF HOLDING VIETNAMESE CITIZENSHIP

Article 27.Registration for identification of holding Vietnamese citizenship

Overseas Vietnamese who, by July 1, 2009, had not yet lost Vietnamese citizenship, but have no papers proving their Vietnamese citizenship as specified in Article 11 of the Law on Vietnamese Citizenship shall register with representative missions or their places of residence for identification of holding Vietnamese citizenship (below referred to as persons requesting identification of holding Vietnamese citizenship) if they so wish.

Article 28.Legal documents and papers used as grounds for identification of holding Vietnamese citizenship

1. Based on date and place of birth or place of residence of a person requesting  identification of holding Vietnamese citizenship and historical circumstance in each period, a representative mission shall apply one of the following legal documents to identify whether such person holds Vietnamese citizenship:

a/ Decree No. 53/SL of October 20, 1945, providing for Vietnamese citizenship;

b/ Decree No. 73/SL of December 7, 1945, providing for naturalization in Vietnam;

c/ Decree No. 25/SL of February 25, 1946, amending Decree No. 53/SL of October 20,1945, providing for Vietnamese citizenship;

d/ Decree No. 215/SL of August 20, 1948, providing special interests for foreigners who render assistance to Vietnam’s resistance war;

dd/ Decree No. 51/SL of December 14, 1959, annulling Articles 5 and 6 of Decree No. 53/SL of October 20, 1945, providing for Vietnamese citizenship;

e/ The National Assembly Standing Committee’s Resolution No. 1043/NQ-TVQHK6 of February 8, 1971, on application for renunciation of Vietnamese citizenship or naturalization in Vietnam;

g/ The Prime Minister’s Decision No. 268/TTg of September 12, 1980, on policies to permit overseas Vietnamese to renounce and restore Vietnamese citizenship;

h/ The 1988 Law on Vietnamese Citizenship and its guiding documents;

i/ The 1998 Law on Vietnamese Citizenship and its guiding documents;

k/ The 2008 Law on Vietnamese Citizenship and guiding documents;

l/ Citizenship-related treaties to which Vietnam is a contracting party.

2. Papers used as grounds for identification of holding Vietnamese citizenship include:

a/ Papers on citizenship, civil status, household registration, personal identifications or other papers granted by Vietnamese competent agencies to Vietnamese citizens through different periods from 1945 to before July 1, 2009, which clearly indicate Vietnamese citizenship or Vietnamese citizenship- or citizen-related information.

b/ Papers on citizenship, civil status, household registration, personal identifications or other papers granted by the former regime in southern Vietnam before April 30, 1975, or papers granted by Hanoi’s former administration from 1911 to 1956, which clearly indicate Vietnamese citizenship or Vietnamese citizenship- or citizen-related information.

Article 29.Order and procedures for registration for identification of holding Vietnamese citizenship

1. A person requesting identification of holding Vietnamese citizenship shall submit 1 set of dossier, comprising a written declaration made according to the set form, enclosed with four 4cm x 6cm photos taken within 6 months prior to the date of dossier submission and copies of the following papers: 

a/ Papers proving his/her personal identity such as people’s identity card, citizen identity card, residence card, temporary residence card, laissez passer, international travel documents, or personal identification papers stuck with photos, granted by competent agencies;   

b/ The papers specified in Clause 2, Article 28 of this Decree.

2. Within 5 working days after receiving a dossier, a representative mission shall examine the dossier, directly check or send a written proposal to the Ministry of Foreign Affairs for the latter to request the Ministry of Justice to check the citizenship; within 10 working days, the Ministry of Justice shall check the citizenship of the requester and send a written reply on checking results. If there are grounds to identify that such person holds Vietnamese citizenship and such person is not included in the list of persons who have renounced Vietnamese citizenship, have been deprived of Vietnamese citizenship or have the decisions permitting naturalization in Vietnam cancelled, the representative mission shall record Vietnamese citizenship in the register of people identified as holding Vietnamese citizenship. In case the requester applies for a Vietnamese passport, the representative mission shall carry out procedures to grant a Vietnamese passport to him/her or notify him/her to come to the representative mission for carrying out such procedures, for requesters who send their dossiers by post. The grant of Vietnamese passports must comply with relevant laws.

For a person who only requests identification of holding Vietnamese citizenship without applying for a Vietnamese passport, after recording his/her Vietnamese citizenship in the register of people identified as holding Vietnamese citizenship, the concerned representative mission shall grant him/her a duplicate made according to a set form.

If such person later applies for a Vietnamese passport, the representative mission shall grant a Vietnamese passport to him/her in accordance with relevant laws.

3. Within the time limit specified in Clause 2 of this Article, if there are insufficient grounds for identifying the holding of Vietnamese citizenship, a representative mission shall send a written request to the Ministry of Foreign Affairs for the latter to request the Ministry of Justice to check and the Ministry of Public Security to verify. Within 45 days after receiving such request, the Ministry of Justice and Ministry of Public Security shall check and verify the citizenship of the requester and issue a written reply to the Ministry of Foreign Affairs.

Within 5 working days after receiving checking and verification results, the Ministry of Foreign Affairs shall notify such to the representative mission for the latter to complete the identification of whether the requester holds Vietnamese citizenship.

If there are no grounds for identifying that the requester holds Vietnamese citizenship, the dossier-processing agency shall notify such in writing to the requester.    

Section 2

GRANT OF CERTIFICATES OF HOLDING OF VIETNAMESE CITIZENSHIP

Article 30.Competence to grant certificates of holding of Vietnamese citizenship

An applicant for a certificate of holding of Vietnamese citizenship shall submit his/her dossier to the provincial-level Justice Department of the locality or the representative mission in the foreign country where he/she resides at the time of dossier submission.

Article 31.Order and procedures for grant of certificates of holding of Vietnamese citizenship

1. An applicant for a certificate of holding of Vietnamese citizenship shall submit 1 set of dossier, comprising a written declaration, made according to the set form, stuck with two 4cm x 6cm photos taken within 6 months prior to the date of dossier submission and copies of the following papers: 

a/ Papers proving his/her personal identity, such as people’s identity card, citizen identity card, residence card, temporary residence card, laissez passer, international travel documents, or another personal identification paper stuck with the holder’s photo, granted by competent agencies;   

b/ Papers proving Vietnamese citizenship specified in Article 11 of the Law on Vietnamese Citizenship or papers of equivalent value granted by the former administration, including also birth certificates that contain no section for citizenship or with such a section left blank but indicate full names in Vietnamese of the applicant and his/her parents;

c/ In case the applicant has no papers proving his/her Vietnamese citizenship specified at Point b, Clause 1 of this Article, he/she shall make a curriculum vitae enclosed with one of the papers defined in Clause 2, Article 28 of this Decree for use as grounds for verification of Vietnamese citizenship.

2. Procedures for examination, verification and checking of Vietnamese citizenship are as follows:

a/ For an applicant who has papers proving his/her Vietnamese citizenship, if his/her dossier is submitted at a provincial-level Justice Department, within 5 working days after accepting the dossier, the provincial-level Justice Department shall examine the dossier and directly check the applicant’s Vietnamese citizenship or send a written request for checking Vietnamese citizenship to the Ministry of Justice. Within 10 working days, the Ministry of Justice shall check the applicant’s Vietnamese citizenship and issue a written reply to the provincial-level Justice Department. If having doubts about authenticity of papers proving Vietnamese citizenship, the provincial-level Justice Department shall send a written request for verification to the paper-granting agency. Within 10 working days after receiving a written request, the paper-granting agency shall carry out verification and issue a written reply to the provincial-level Justice Department.

If the applicant’s dossier is submitted at a representative mission, within 5 working days after receiving the dossier, the representative mission shall examine the dossier and directly check the applicant’sVietnamese citizenship or send a written proposal to the Ministry of Foreign Affairs for the latter to request the Ministry of Justice to check his/her citizenship. Within 10 working days, the Ministry of Justice shall check the applicant’s citizenship and issue a written reply. If having doubts about papers proving Vietnamese citizenship granted by a competent Vietnamese agency, the representative mission shall send a written proposal to the Ministry of Foreign Affairs for the latter to request the paper-granting agency to verify such papers. Within 10 days after receiving the Ministry of Foreign Affairs’ written request, the requested agency shall carry out verification and issue a written reply to the Ministry of Foreign Affairs. Within 5 working days after receiving checking and verification results, the Ministry of Foreign Affairs shall notify such in writing to the representative mission.

b/ For an applicant who has no papers proving Vietnamese citizenship but has the papers specified in Clause 2, Article 28 of this Decree, if his/her dossier is submitted at a provincial-level Justice Department, within 5 working days after receiving the dossier, the provincial-level Justice Department shall check or request the Ministry of Justice to check the applicant’s Vietnamese citizenship. Within 10 working days, the Ministry of Justice shall check the applicant’s Vietnamese citizenship and issue a written reply to the provincial-level Justice Department. At the same time, the provincial-level Justice Department shall send a written request to the provincial-level public security agency for verification of the applicant’s personal identity. Within 45 working days after receiving the provincial-level Justice Department’s written request, the public security agency shall carry out verification and issue a written reply to the provincial-level Justice Department.

If an applicant submits his/her dossier to a representative mission, within 5 working days after receiving the dossier, the representative mission shall check it or send a written document enclosed with copies of papers or information provided by the applicant to the Ministry of Foreign Affairs for the latter to request the Ministry of Justice and Ministry of Foreign Affairs to check and verify personal identity of the applicant. Within 10 working days, the Ministry of Justice shall check information and issue a written reply to the Ministry of Foreign Affairs. The time limit for the Ministry of Foreign Affairs to carry out verification and notify verification results is 45 days. Within 5 working days after receiving checking and verification results, the Ministry of Foreign Affairs shall notify such in writing to the representative mission.

3. Within 5 working days after receiving checking and verification results as specified in Clause 2 of this Article, if there are sufficient grounds to identify the applicant’s Vietnamese citizenship and he/she is not included in the list of persons who have been permitted for renunciation of Vietnamese citizenship, have been deprived of Vietnamese citizenship or have decisions permitting naturalization in Vietnam cancelled, the dossier-processing agency shall record his/her Vietnamese citizenship in the register of grantees of certificates of holding Vietnamese citizenship. The head of the dossier-processing agency shall sign and grant a certificate of holding of Vietnamese citizenship, made according to the set form, to the applicant.

Section 3

GRANT OF CERTIFICATES OF VIETNAMESE ORIGIN

Article 32.Competence to grant certificates of Vietnamese origin

An applicant for a certificate of Vietnamese origin shall send a dossier to the provincial-level Justice Department of the locality or representative mission of the country where he/she resides at the time of dossier submission or the State Committee for Overseas Vietnamese of the Ministry of Foreign Affairs.

Article 33.Order and procedures for grant of certificates of Vietnamese origin

1. An applicant for a certificate of Vietnamese origin shall submit 1 set of dossier, comprising a written declaration, made according to the set form, enclosed with two 4cm x 6cm photos taken within 6 months prior to the date of dossier submission and copies of the following papers: 

a/ The applicant’s personal identification papers, such as people’s identity card, citizen identity card, residence card, temporary residence card, laissez passer, international travel documents, or personal identification papers stuck with the holder’s photo, granted by competent agencies;   

b/ Previously granted papers proving that he/she used to hold Vietnamese citizenship or papers proving that his/her parents, paternal grandparents or maternal grandparents used to hold Vietnamese citizenship.

If an applicant has none of these above-said papers, depending on specific circumstances, he/she may submit copies of personal identification papers or citizenship or civil status papers granted by the former regime in southern Vietnam before April 30, 1975; papers granted by the former administration in Hanoi in the period from 1911 to 1956; a letter of guarantee of the Association of Overseas Vietnamese in the foreign country where he/she resides certifying his/her Vietnamese origin; a letter of guarantee of a Vietnamese citizenship holder certifying  his/her Vietnamese origin; papers granted by foreign authorities which clearly indicate Vietnamese citizenship or Vietnamese-origin citizenship.

2. Within 5 working days after receiving a dossier, the dossier-processing agency shall consider and examine information in the dossier against that in the papers produced by the applicant and the citizenship-related database and documents. If considering that there are sufficient grounds to identify that applicant is a person of Vietnamese origin; the dossier-processing agency shall record in the register of grantees of certificates of Vietnamese origin; the head of the dossier-processing agency shall sign and grant a certificate of Vietnamese origin, made according to the set form, to the applicant.

If having no grounds for granting a certificate of Vietnamese origin, the dossier-processing agency shall notify such to the applicant.

Chapter V

RESPONSIBILITIES OF AGENCIES IN STATE MANAGEMENT OF CITIZENSHIP

Article 34.Responsibilities of the Ministry of Justice

The Ministry of Justice shall assist the Government in performing the uniform state management of citizenship nationwide and have the following tasks and powers:

1. To promulgate according to its competence, or submit to competent agencies for promulgation, legal documents on citizenship.

2. To direct, guide, provide training and further training in citizenship-related work for cadres and civil servants engaged in citizenship work.

3. To propagate, disseminate and educate about the citizenship law.

4. To promulgate, guide and manage the use of forms of Vietnamese citizenship registers and papers.

5. To inspect, examine and settle according to its competence citizenship-related affairs, complaints and denunciations about the handling of citizenship-related violations.

6. To examine dossiers and coordinate with the Ministry of Public Security in verifying citizenship dossiers in accordance with law.

7. To assume the prime responsibility for, and coordinate with the Ministry of Foreign Affairs and Ministry of Public Security in, negotiating and concluding treaties on citizenship.

8. To research and apply information technology in the state management of citizenship and process citizenship dossiers.

9. To archive citizenship dossiers.

10. To review and make statistics on citizenship-related affairs already settled and report them to the Prime Minister.

Article 35.Responsibilities of the Ministry of Foreign Affairs

1. The Ministry of Foreign Affairs shall coordinate with the Ministry of Justice in performing the state management of citizenship at representative missions and have the following tasks and powers:

a/ To direct and guide representative missions in uniformly implementing legal documents on citizenship;

b/ To examine and inspect citizenship work performed at representative missions;

c/ To provide further professional training for members of diplomatic and consular staffs;

d/ To propagate and disseminate the citizenship law among overseas Vietnamese;

dd/ To settle complaints and denunciations and handle citizenship-related violations according to its competence.

e/ To revoke and invalidate Vietnam passports, people’s identity cards, citizen identity cards granted to overseas Vietnamese who have renounced Vietnamese citizenship or have been deprived of Vietnamese citizenship or have had decisions permitting naturalization in Vietnam cancelled in accordance with law;

g/ To revoke Vietnamese citizenship-related papers granted by representative missions in contravention of law;

h/ To review and make statistics on citizenship-related affairs settled by representative missions and send them to the Ministry of Justice under regulations.

2. Representative missions shall perform the following tasks and exercise the following powers:

a/ To receive and settle according to their competence dossiers of application for restoration or renunciation of Vietnamese citizenship; make dossiers of proposal for deprival of Vietnamese citizenship by the President; identify the holding of Vietnamese citizenship; grant certificates of holding of Vietnamese citizenship; and grant certificates of Vietnamese origin in accordance with law;

b/ To assign members of diplomatic and consular staffs to receive and process citizenship dossiers according to their competence;

c/ To disseminate the citizenship law among overseas Vietnamese;

d/ To archivecitizenship registers and citizenship dossiers;

dd/ To review and make statistics on settled citizenship-related affairs for reporting to the Ministry of Foreign Affairs under regulations;

e/ To settle complaints and denunciations and handle Vietnamese citizenship-related violations according to their competence.

Article 36. Responsibilities of the Ministry of Public Security

The Ministry of Public Security shall coordinate with the Ministry of Justice in the process of settling citizenship-related affairs and have the following tasks and powers:

1. To examine, verify or direct competent public security agencies in verifying personal identity of those who apply for naturalization in Vietnam or restoration or renunciation of Vietnamese citizenship; are deprived of Vietnamese citizenship; have decisions permitting naturalization in Vietnam cancelled; or request identification of holding Vietnamese citizenship.

2. To direct competent public security agencies in verifying validity of papers proving Vietnamese citizenship they have granted under Clauses 2 and 3, Article 11 of the Law on Vietnamese Citizenship at the request of provincial-level Justice Departments, representative missions or other competent agencies.

3. To direct the registration of residence, grant of Vietnamese passports, people’s identify cards or citizen identity cards to persons permitted to naturalize in Vietnam or restore Vietnamese citizenship; to delete residence registration, revoke and invalidate Vietnamese passports, people’s identify cards or citizen identity cards of persons who have been permitted to renounce Vietnamese citizenship or deprived of Vietnamese citizenship or have had decisions permitting naturalization in Vietnam cancelled in accordance with law;

4. To jointly handle violations in the settlement of citizenship-related affairs.

Article 37.Responsibilities of provincial-level People’s Committees

1. Provincial-level People’s Committees shall perform the state management of citizenship in their localities and have the following tasks and powers:

a/ To receive and settle according to their competence dossiers of application for naturalization in Vietnam, restoration or renunciation of Vietnamese citizenship;  make dossiers of proposal for deprival of Vietnamese citizenship by the State President or cancellation of decisions permitting naturalization in Vietnam; grant certificates of holding of Vietnamese citizenship; and grant certificates of Vietnamese origin in accordance with law;

b/ To propagate and disseminate the law on citizenship;

c/ To archive citizenship registers and dossiers;

d/ To settle complaints and denunciations and handle citizenship-related violations according to their competence.

dd/ To review and make statistics on settled citizenship-related affairs for reporting to the Ministry of Justice under regulation;

e/ To organize ceremonies to hand over the President’s decisions permitting naturalization in Vietnam in a solemn and significant manner;

g/ To revoke Vietnamese citizenship-related papers granted by provincial-level Justice Departments in contravention of law.

2. Provincial-level Justice Departments shall assist provincial-level People’s Committees in performing the tasks and exercising the powers specified at Points a, b, c, dd and e, Clause 1 of this Article.

Article 38.Transitional provisions

Citizenship-related dossiers accepted before the effective date of this Decree and remaining unsettled shall be settled under the Government’s Decree No. 78/2009/ND-CP of September 22, 2009, detailing and guiding a number of articles of the Law on Vietnamese Citizenship and Decree No. 97/2014/ND-CP of October 17, 2009, amending and supplementing a number of articles of the Government’s Decree No. 78/2009/ND-CP of September 22, 2009, detailing and guiding a number of articles of the Law on Vietnamese Citizenship.

Article 39.Effect

This Decree takes effect on March 20, 2020.

This Decree replaces the Government’s Decree No. 78/2009/ND-CP of September 22, 2009, detailing and guiding a number of articles of the Law on Vietnamese Citizenship, and Decree No. 97/2014/ND-CP of October 17, 2009, amending and supplementing a number of articles of the Government’s Decree No. 78/2009/ND-CP of September 22, 2009, detailing and guiding a number of articles of the Law on Vietnamese Citizenship.

Joint Circular No. 05/2010/TTLT/BTP-BNG-BCA of March 1, 2010, of the Ministry of Justice, Ministry of Foreign Affairs and Ministry of Public Security, guiding the implementation of the Government’s Decree No. 78/2009/ND-CP of September 22, 2009, detailing and guiding a number of articles of the Law on Vietnamese Citizenship, and Joint Circular No. 05/2013/TTLT/BTP-BNG-BCA of January 31, 2013, amending and supplementing Article 13 of Joint Circular No. 05/2010/TTLT/BTP-BNG-BCA, cease to be effective from the effective date of this Decree.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC