Decree 191/2025/ND-CP detailing and guiding implementation of the Law on Vietnamese Nationality

DECREE

Detailing a number of articles, and providing measures to organize and guide the implementation, of the Law on Vietnamese Nationality^[1]

Pursuant to the February 18, 2025 Law on Organization of the Government;

Pursuant to the November 13, 2008 Law on Vietnamese Nationality; the June 24, 2014 Law Amending and Supplementing a Number of Articles of the Law on Vietnamese Nationality; and the June 24, 2025 Law Amending and Supplementing a Number of Articles of the Law on Vietnamese Nationality;

At the proposal of the Minister of Justice;

The Government promulgates the Decree detailing a number of articles, and providing measures to organize and guide the implementation, of the Law on Vietnamese Nationality.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree details Clause 6, Article 5; Clause 5, Article 11; Clause 3, Article 13; Article 19; Clause 3, Article 20; Article 23; Clause 2, Article 24; Clause 5, Article 27; Clause 3, Article 28; Clause 1, Article 32; Clause 1, Article 34; and Clause 7, Article 39, of the Law on Vietnamese Nationality, and provides measures to implement the Law on Vietnamese Nationality regarding the determination of the nationality of children upon performance of birth registration procedures; verification of dossiers of application for naturalization in Vietnam or restoration or renunciation of Vietnamese nationality; responsibilities of the Ministry of Justice in the settlement of dossiers of application for naturalization in Vietnam, or restoration or renunciation of Vietnamese nationality; delivery of decisions permitting naturalization in Vietnam; notification of results of the settlement of nationality-related matters; issuance of letters of confirmation of persons of Vietnamese origin; responsibilities of agencies in performing the state management of nationality; and establishment, management, updating, connection, sharing, exploitation and use of the Nationality Database.

Article 2. Consular legalization and translation into Vietnamese of documents in dossiers of application for naturalization in Vietnam or restoration or renunciation of Vietnamese nationality and for settlement of other matters relating to Vietnamese nationality

Documents issued by foreign authorities in dossiers of application for naturalization in Vietnam, or restoration or renunciation of Vietnamese nationality, and for settlement of other matters relating to Vietnamese nationality shall be consularly legalized, unless they are exempt from consular legalization under Vietnam’s law or treaties to which the Socialist Republic of Vietnam is a contracting party.

Foreign-language documents in dossiers of application for naturalization in Vietnam, restoration or renunciation of Vietnamese nationality and for settlement of other matters relating to Vietnamese nationality shall be translated into Vietnamese; and the translators’ signatures shall be authenticated in accordance with Vietnam’s law.

Article 3. The Nationality Database

1. The Nationality Database is a collection of data on cases in which applications for naturalization in Vietnam or restoration or renunciation of Vietnamese nationality have been settled; cases involving persons deprived of Vietnamese nationality or subject to annulment of decisions permitting naturalization in Vietnam or decisions permitting restoration of Vietnamese nationality; and cases involving issuance of letters of confirmation of Vietnamese nationality or issuance of letters of confirmation of persons of Vietnamese origin, which shall be established, managed, updated, connected, shared, exploited and used in an electronic environment to serve the state management of nationality.

2. The Ministry of Justice shall directly perform the state management of the Nationality Database. The Ministry of Foreign Affairs, the Ministry of Public Security, provincial-level People’s Committees, provincial-level Departments of Justice, Vietnamese diplomatic missions, consular offices or other agencies authorized to perform consular functions in foreign countries (below collectively referred to as representative missions), and other agencies prescribed by law may access and obtain nationality information to serve their state management functions.

Article 4. Establishment, management, updating, connection, sharing, exploitation and use of the Nationality Database

1. The Ministry of Justice has the following responsibilities:

a/ To establish, manage, update, connect, share, exploit and use the Nationality Database;

b/ To issue regulations on the management, updating, connection, sharing, exploitation and use of the Nationality Database;

c/ To develop and deploy the nationality dossier management and settlement software in order to digitize nationality data and settle nationality-related matters.

2. Provincial-level Departments of Justice and representative missions shall update, exploit and use the Nationality Database through the nationality dossier management and settlement software.

3. Data in the Nationality Database include:

a/ Data generated in the settlement of nationality-related matters in the nationality dossier management and settlement software;

b/ Data digitized from dossiers for settlement of nationality-related matters;

c/ Data connected and shared from the Electronic Civil Status Database, the National Population Database and other specialized databases.

4. The Nationality Database shall be fully, accurately and promptly updated, and must ensure information security and cybersecurity in accordance with law. The updating, sharing, exploitation and use of information for the Nationality Database must comply with regulations on protection of privacy, personal secrets and family secrets, the Law on Vietnamese Nationality, and other relevant laws.

5. The connection, sharing, exploitation and use of information between the Nationality Database and the Electronic Civil Status Database, the National Population Database and other specialized databases must ensure effectiveness, comply with regulations on management of digital data connection and sharing among state agencies, regulations on information security and cybersecurity as suitable to the functions, tasks and powers of related agencies and organizations, and other relevant regulations.

Article 5. Methods of submission of dossiers for settlement of nationality-related matters, processing of dossiers, and notification of settlement results

1. Applicants for restoration or renunciation of Vietnamese nationality or for settlement of other nationality-related matters may submit dossiers online, in person or by post to the agencies competent to process dossiers in accordance with the Law on Vietnamese Nationality and this Decree, and may not authorize others to submit dossiers.

Applicants for naturalization in Vietnam shall personally submit dossiers at provincial-level Departments of Justice or representative missions based in the localities where they reside, except the case specified in Clause 2 of this Article.

In case an applicant for naturalization in Vietnam, or restoration or renunciation of Vietnamese nationality, or for settlement of other nationality-related matters resides in a country or territory where no representative mission is available, he/she shall submit the dossier to the agency assigned to concurrently perform tasks of a representative mission or to the representative mission that is the most convenient for him/her.

2. Applications for settlement of nationality-related matters for minors, persons with limited civil act capacity or persons facing difficulties in cognition or behavior control shall be made by legal representatives of these persons in accordance with the civil law.

3. In case it is required by law to submit copies of documents, an applicant for settlement of nationality-related matters may submit photocopies from the originals; copies certified from the originals; copies issued from master registers; or electronic copies of these documents; or documents integrated and displayed on the Vietnamese electronic identification (VNeID) application. If submitting photocopies from the originals, the applicant shall produce the originals for collation; the dossier-processing officer shall check and collate copies against the originals and sign to certify the collation.

If submitting dossiers online, the applicant shall comply with Article 6 of this Decree. For dossiers sent by post, the documents included therein must be copies certified from the originals or copies issued from master registers; for applications, declaration forms and personal history forms, the applicants’ signatures thereon shall be authenticated in accordance with law.

4. The dossier-processing officer shall check the validity of documents in a dossier for settlement of nationality-related matters. In case the dossier is incomplete or inaccurate, the officer shall immediately instruct the applicant to supplement and complete the dossier, stating the reason and using the law-prescribed form of request for dossier supplementation and completion; if the dossier is complete and accurate, the officer shall receive the dossier and record it in the dossier processing register.

5. The dossier-processing agency shall make a list of all documents in each dossier, accompanied by a list of applicants for settlement of nationality-related matters, made according to a law-prescribed form.

For dossiers of application for renunciation of Vietnamese nationality, the dossier-processing agency shall classify them into those exempt from personal background verification under Article 30 of the Law on Vietnamese Nationality and dossiers subject to personal background verification.

For a dossier exempt from personal background verification, the documents used for guarantee for naturalization in a foreign country must remain valid for at least 120 days, counted to the date of receipt of the dossier for processing; for a dossier subject to personal background verification, the documents must remain valid for at least 150 days, counted to the date of receipt of the dossier for processing.

6. Results of the settlement of nationality-related matters may be notified directly, online or by post to applicants, except the case specified in Clause 7 of this Article.

7. The delivery of decisions permitting naturalization in Vietnam must comply with Article 16 of this Decree.

Article 6. Settlement of nationality-related dossiers in an electronic environment

The settlement of nationality-related dossiers in an electronic environment under Clause 7, Article 39 of the Law on Vietnamese Nationality must comply with regulations on the performance of administrative procedures under the single-window and inter-agency single-window mechanisms at single-window divisions and on the National Public Service Portal, and with this Decree, specifically as follows:

1. An applicant shall log in to his/her account on the National Public Service Portal connected with the ministerial- or provincial-level information system for administrative procedure settlement and submit the dossier under regulations, providing information based on the interactive electronic form and attaching relevant electronic copies. In case the applicant’s electronic information and data have been connected and shared across relevant databases, the applicant is not required to re-declare such information or attach electronic copies.

In case electronic copies are not available, the applicant may attach photocopies or copies of documents in the dossier under regulations; and shall pay charges and fees via the online payment function of the National Public Service Portal, or through other payment platforms, or by other methods as prescribed by law.

2. Upon completing the submission of the dossier, the applicant will be issued a administrative procedure dossier code tracking to monitor processing progress or accessing the system to supplement the dossier at the request of the dossier-processing agency.

3. Electronic dossiers of application for restoration or renunciation of Vietnamese nationality, or for issuance of a letter of confirmation of Vietnamese nationality or issuance of a letter of confirmation of  a person of Vietnamese origin shall be received at the National Public Service Portal and then, via the ministerial- or provincial-level information system for administrative procedure settlement, forwarded to the nationality dossier management and settlement software for processing by competent agencies.

In case the Ministry of Justice decides to refuse settlement of a dossier under Clauses 1, 2, 4 and 7, Article 14 of this Decree, it shall transmit information thereon to the dossier-receiving agency via the nationality dossier management and settlement software for notification to the applicant.

4. An applicant may choose to receive the dossier processing result in the following forms:

a/ Receiving electronic copies sent to its/his/her email or electronic data storage repository;

b/ Receiving electronic copies sent to his/her digital devices through an appropriate data transmission method, ensuring information security and confidentiality;

c/ Receiving paper copies delivered by post and paying a charge;

d/ Receiving paper copies at the dossier-processing agency.

5. Provincial-level Departments of Justice or representative missions shall receive and settle within their competence nationality-related applications in the electronic environment in conformity with the level of online public service implementation in the field of nationality.

Article 7. Documents proving Vietnamese nationality under Clause 5, Article 11 of the Law on Vietnamese Nationality

1. Letters of confirmation of Vietnamese nationality issued under Article 30 of this Decree.

2. Legally issued extracts of birth registration from the civil status register that has been made at foreign authorities.

Article 8. Invalidation of documents proving Vietnamese nationality that have been issued to persons who have renounced Vietnamese nationality or been deprived of Vietnamese nationality or are subject to annulment of decisions permitting naturalization in Vietnam or decisions permitting restoration of Vietnamese nationality

1. From the effective date of the decision permitting renunciation of Vietnamese nationality or deprivation of Vietnamese nationality or annulment of the decision permitting naturalization in Vietnam or the decision permitting restoration of Vietnamese nationality for a person, the documents specified in Article 11 of the Law on Vietnamese Nationality and Article 7 of this Decree that have been issued to such person are no longer valid as proof of Vietnamese nationality.

2. The deregistration of permanent residence, revocation and invalidation of Vietnamese passports, citizen identity cards or identity cards, or deactivation of electronic identity cards for the persons specified in Clause 1 of this Article must comply with Clause 3, Article 26; and Clause 2, Article 28, of this Decree, and relevant regulations.

In case the civil status paper of a person who has renounced Vietnamese nationality or been deprived of Vietnamese nationality, or for whom the decision permitting naturalization in Vietnam or the decision permitting restoration of Vietnamese nationality is annulled, indicates his/her Vietnamese nationality, the notification and annotation of nationality-related changes in the civil status register shall be carried out in accordance with Article 27 of this Decree and the law on civil status.

Article 9. Determination of children’s nationality upon performance of birth registration procedures under Clause 2, Article 16 of the Law on Vietnamese Nationality

1. For a child whose one parent is a Vietnamese citizen and the other is a foreign citizen, the determination of the child’s Vietnamese nationality under Clause 2, Article 16 of the Law on Vietnamese Nationality is as follows:

a/ The child will be considered holding Vietnamese nationality if his/her parents agree to choose Vietnamese nationality for him/her when carrying out birth registration procedures.

b/ In case the child is born in the territory of Vietnam and his/her parents cannot reach agreement on the child’s nationality when carrying out birth registration procedures, the child will be considered holding Vietnamese nationality. Either parent shall make a declaration statement that the parents cannot reach agreement on the child’s nationality and shall bear responsibility for such declaration statement.

c/ In case the child’s birth registration has been made at a foreign authority and the child holds foreign nationality, the child will be considered holding Vietnamese nationality if his/her parents agree to choose Vietnamese nationality for him/her when recording the birth registration in the civil status register, and the retention of foreign nationality must comply with the law of the country of which the child is a national. The parents shall make a written declaration statement that the retention of foreign nationality complies with the law of the country of which the child is a national and shall bear responsibility for such declaration statement.

2. When performing birth registration procedures at a competent agency of Vietnam, in case a child holds both Vietnamese nationality and foreign nationality, the child’s name may be a compound name consisting of his/her Vietnamese and foreign names.

Article 10. Prohibited acts

1. Individuals and organizations are prohibited from committing the following acts:

a/ Using forged papers or altered or erased papers with falsified contents; making untruthful declarations, committing fraudulent acts, or making false declarations to carry out procedures for settlement of nationality-related matters;

b/ Using papers that are no longer valid as proof of Vietnamese nationality under Clause 1, Article 8 of this Decree to prove Vietnamese nationality;

c/ Abusing their assigned competence to illegally issue papers relating to Vietnamese nationality, papers proving Vietnamese nationality, or other papers indicating Vietnamese nationality; giving groundless or untruthful certifications regarding applicants for naturalization in Vietnam or for restoration or renunciation of Vietnamese nationality;

d/ Taking advantage of naturalization in Vietnam or restoration or renunciation of Vietnamese nationality; or taking advantage of applying for retention of foreign nationality when permitted to be naturalized in Vietnam or to have Vietnamese nationality restored to undermine national security, national interests or social order and safety of the State of the Socialist Republic of Vietnam; or to harm the lawful rights and interests of Vietnamese agencies, organizations or citizens.

2. Individuals or organizations that commit the acts specified in Clause 1 of this Article shall, depending on the nature and severity of their violations, be handled in accordance with law; the documents specified at Point b, Clause 1 of this Article, and documents issued in the cases specified at Points a and c, Clause 1 of this Article, shall be invalidated, revoked and annulled.

3. In case a person who has been naturalized in Vietnam under Article 19 of the Law on Vietnamese Nationality or has had Vietnamese nationality restored under Article 23 of the Law on Vietnamese Nationality is later found to have committed the acts specified at Points a and d, Clause 1 of this Article, the Ministry of Justice shall complete the dossier and report such to the Prime Minister for proposing the President to annul the decision permitting naturalization in Vietnam or the decision permitting restoration of Vietnamese nationality under Article 33 or 34 of the Law on Vietnamese Nationality and Article 25 of this Decree.

Chapter II

PROCEDURES FOR NATURALIZATION IN VIETNAM, RESTORATION, RENUNCIATION OR DEPRIVATION OF VIETNAMESE NATIONALITY, AND ANNULMENT OF DECISIONS PERMITTING NATURALIZATION IN VIETNAM OR DECISIONS PERMITTING RESTORATION OF VIETNAMESE NATIONALITY

Section 1

NATURALIZATION IN VIETNAM

Article 11. Conditions for an applicant for naturalization in Vietnam under Article 19 of the Law on Vietnamese Nationality

1. Having sufficient proficiency in Vietnamese for integration into the Vietnamese community, e.g., possessing listening, speaking, reading and writing skills in Vietnamese appropriate to his/her living and working environment.

2. Permanently residing in Vietnam and having a permanent residence card issued by a competent public security agency of Vietnam, unless exempt from the conditions on permanent residence specified at Points d and dd, Clause 1, Article 19 of the Law on Vietnamese Nationality.

The period of the applicant’s permanent residence in Vietnam shall be counted from the date he/she is issued a permanent residence card.

3. Being able to ensure his/her livelihood in Vietnam, evidenced by his/her lawful property and sources of income, or by guarantee from organizations or individuals in Vietnam.

Article 12. Cases in which persons are considered having recorded special merits for their contributions to the cause of building and defending the Fatherland of Vietnam or considered beneficial to the State of the Socialist Republic of Vietnam as specified in Clause 6, Article 5, and Clause 3, Article 19, of the Law on Vietnamese Nationality

1. Persons considered having recorded special merits for their contributions to the cause of building and defending the Fatherland of Vietnam are those awarded orders, medals or other honorable titles 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 those whose special merits are certified by competent Vietnamese agencies based on application dossiers, opinions of relevant agencies or organizations, and specialized laws.

2. Persons considered beneficial to the State of the Socialist Republic of Vietnam include:

a/ Persons with outstanding talents in the fields of science, technology, innovation and digital transformation, economy, law, culture, social affairs, arts, sports, health and education, or other fields, as certified by ministerial-level state management agencies, or those awarded international prizes, orders or medals, and for whom there are grounds to believe that they will make positive, long-term contributions to Vietnam’s development in such fields;

b/ Entrepreneurs or investors engaged in business or investment activities in Vietnam, who are certified by ministerial-level state management agencies as likely to make positive, long-term contributions to Vietnam’s development.

3. Agencies competent to manage, recruit and employ civil servants and public employees under the Law on Cadres and Civil Servants and the Law on Public Employees shall decide on the recruitment and employment of civil servants and public employees who are Vietnamese citizens concurrently holding foreign nationality under Clause 6, Article 5 of the Law on Vietnamese Nationality, if they find that such persons are considered beneficial to the State of the Socialist Republic of Vietnam in accordance with Clause 2 of this Article.

Article 13. Documents in a dossier of application for naturalization in Vietnam

1. The documents specified at Points b, dd, e and g, Clause 1, Article 20 of the Law on Vietnamese Nationality include:

a/ Other documents substituting for birth certificates or passports for stateless persons applying for naturalization in Vietnam, which contain the applicant’s full name and date of birth, bear his/her photo and a competent agency’s seal, or are laissez-passers or international travel documents;

b/ Documents proving the applicant’s Vietnamese language proficiency, which are copies of diplomas or certificates evidencing that the applicant has completed training courses in Vietnamese in Vietnam, such as a copy of a doctoral degree, master’s degree, bachelor’s degree, university diploma, college diploma, or intermediate diploma (including professional intermediate diploma), or upper secondary or lower secondary education diploma of Vietnam, or a copy of a Vietnamese-language certificate issued under the Vietnamese language proficiency framework for foreigners by a Vietnamese education institution in accordance with regulations issued by the Ministry of Education and Training.

In case the applicant cannot provide documents proving his/her Vietnamese language proficiency, the provincial-level Department of Justice shall organize a test and an interview to evaluate the applicant’s listening, speaking, reading and writing skills in Vietnamese, ensuring satisfaction of the condition specified in Clause 1, Article 11 of this Decree. The interviewers must include representatives of the provincial-level Department of Justice and Department of Education and Training. The test and interview results shall be recorded in writing. Persons directly engaged in the test and interview shall be held responsible for the test and interview results and their recommendations;

c/ Copies of birth certificates of minor children jointly applying for naturalization in Vietnam together with their parents, or other valid documents proving parent-child relationship, in case the dossier-receiving agency cannot obtain such information from the Electronic Civil Status Database or the National Population Database.

In case a minor child whose father or mother is a Vietnamese citizen applies for naturalization in Vietnam, and who lives together with his/her father or mother who is naturalized in Vietnam, a written agreement bearing both parents’ signatures regarding the child’s application for naturalization in Vietnam shall be submitted, and the signatures are not required to be certified; the parent signing the application for naturalization in Vietnam for the child shall be held responsible for the authenticity of the other parent’s signature.

In case the child’s father or mother has died, or has lost civil act capacity or suffers limited civil act capacity, the written agreement may be replaced by a document evidencing such death, or loss or limitation of civil act capacity.

d/ Copies of permanent residence cards, except the case specified in Clause 3, Article 19 of the Law on Vietnamese Nationality;

dd/ Documents proving the applicant’s ability to ensure livelihood in Vietnam, which may be one of the following: proof of ownership of property; an employer’s letter of confirmation of the applicant’s salary or income; a letter of guarantee from organizations or individuals in Vietnam; or a letter of confirmation issued by the commune-level People’s Committee of the locality where the applicant permanently resides, indicating his/her housing, employment and income conditions.

2. A person exempted from certain conditions for naturalization in Vietnam as specified in Clauses 2 and 3, Article 19 of the Law on Vietnamese Nationality and Article 12 of this Decree shall submit:

a/ A copy of a marriage certificate or certificate of marital status, if his/her spouse is a Vietnamese citizen; or a copy of a birth certificate or another valid document proving parent-child relationship, if his/her biological parent or biological child is a Vietnamese citizen; or copies of valid supporting documents, if his/her parental grandparents or maternal grandparents are Vietnamese citizens, in case the dossier-receiving agency cannot obtain such information from the Electronic Civil Status Database or the National Population Database; or,

b/ Supporting documents, for persons who are considered having recorded special merits for their contributions to the cause of building and defending the Fatherland of Vietnam or whose naturalization in Vietnam is considered beneficial to the State of the Socialist Republic of Vietnam under Article 12 of this Decree.

3. An applicant for naturalization in Vietnam who concurrently applies for retention of foreign nationality shall submit:

a/ The document issued by the authority of a foreign country indicating that the retention of foreign nationality is compliant with the law of that country. In case the foreign law does not provide the issuance of such document, the applicant shall submit a declaration statement that the foreign authority does not issue such document and that the application for retention of foreign nationality upon naturalization in Vietnam is compliant with the law of that country; or,

b/ A commitment statement not to use foreign nationality to harm the lawful rights and interests of agencies, organizations and individuals, or to undermine the national security, national interests or the social order and safety of the State of the Socialist Republic of Vietnam.

In case the applicant fails to fully meet the conditions specified in Clause 6, Article 19 of the Law on Vietnamese Nationality, he/she shall renounce his/her foreign nationality.

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

Article 14. Responsibilities of the Ministry of Justice in the settlement of dossiers of application for naturalization in Vietnam under Clause 3, Article 21 of the Law on Vietnamese Nationality

1. Within the time limit specified in Clause 3, Article 21 of the Law on Vietnamese Nationality, if deeming that a dossier of application for naturalization in Vietnam is incomplete or that the applicant fails to fully satisfy the conditions for naturalization in Vietnam, the Ministry of Justice shall decide to refuse to process the dossier.

In case the applicant for naturalization in Vietnam who concurrently applies for retention of foreign nationality fails to provide sufficient documents proving that he/she falls into the case specified in Clause 2 or 3, Article 13 of this Decree, the Ministry of Justice shall issue a notice to the dossier-processing agency, requesting the applicant to proceed with the procedures for renunciation of foreign nationality.

2. Within 9 months from the date the Ministry of Justice issues the notice under Clause 1 of this Article, if the applicant fails to submit a document issued by a foreign authority permitting renunciation of foreign nationality, the Ministry of Justice shall decide to refuse to process the dossier. This 9-month period shall not be included in the time limit for dossier processing specified in Clause 3, Article 21 of the Law on Vietnamese Nationality.

3. When considering a dossier of application for naturalization in Vietnam concurrently with application for retention of foreign nationality under Clauses 2 and 3, Article 19 of the Law on Vietnamese Nationality, if deeming that the dossier is complicated or involves political security, the Ministry of Justice shall consult related ministries, sectors, agencies and organizations before reporting such to the Prime Minister for submission to the President for consideration and decision.

4. If verification of the applicant’s personal background shows that the application for naturalization in Vietnam is likely to harm the lawful rights and interests of agencies, organizations or individuals, or undermine the national security, national interests or the social order and safety of the State of the Socialist Republic of Vietnam, the Ministry of Justice shall decide to refuse to process the dossier.

5. After deeming that a dossier of application for naturalization in Vietnam is complete and valid, the Minister of Justice shall, as authorized by the Prime Minister, sign the request to be submitted to the President for permission for naturalization in Vietnam, except the case specified in Clause 3 of this Article.

The provision that the Minister of Justice, as authorized by the Prime Minister, signs the request to be submitted to the President shall also apply to the submission of dossiers of application for restoration or renunciation of Vietnamese nationality.

6. Decisions to refuse dossier processing under Clauses 1, 2 and 4 of this Article are not subject to complaints or lawsuits under Clause 8, Article 5 of the Law on Vietnamese Nationality.

7. The provisions on the processing of dossiers of application for naturalization in Vietnam, or dossiers of application for naturalization in Vietnam concurrently with application for retention of foreign nationality of Clauses 1, 2, 3, 4 and 6 of this Article shall also apply to the processing of dossiers of application for restoration of Vietnamese nationality, or dossiers of application for restoration of Vietnamese nationality concurrently with application for retention of foreign nationality under Article 23 of the Law on Vietnamese Nationality.

The provisions of Clauses 1, 4 and 6 of this Article shall also apply to the processing of dossiers of application for renunciation of Vietnamese nationality under Article 27 of the Law on Vietnamese Nationality.

Article 15. Verification of dossiers of application for naturalization in Vietnam

The Ministry of Justice shall send a written request to the Ministry of Public Security for verifying the applicant’s personal background in accordance with Clause 2a, Article 21 of the Law on Vietnamese Nationality. Within 45 days after receiving the request, the Ministry of Public Security shall conduct the verification and give a written reply to the Ministry of Justice; for complicated cases, this time limit may be extended but must not exceed 60 days.

Article 16. Delivery of decisions permitting naturalization in Vietnam

After receiving decisions permitting naturalization in Vietnam together with the notice from the Ministry of Justice, provincial-level People’s Committees shall direct provincial-level Departments of Justice to organize ceremonies for delivering the decisions to the persons permitted to be naturalized in Vietnam who currently reside in the country; representative missions shall organize ceremonies for delivering the decisions to the persons permitted to be naturalized in Vietnam who currently reside abroad.

The ceremonies for delivering decisions permitting naturalization in Vietnam shall be organized in a solemn and meaningful manner as suitable to the conditions of the concerned localities or representative missions.

Section 2

RESTORATION OF VIETNAMESE NATIONALITY

Article 17. Documents in a dossier of application for restoration of Vietnamese nationality

1. The document proving that the applicant for restoration of Vietnamese nationality previously held Vietnamese nationality under Point dd, Clause 1, Article 24 of the Law on Vietnamese Nationality is:

a/ A document proving that the applicant has been permitted to renounce Vietnamese nationality under a decision issued by the President, or has been deprived of Vietnamese nationality; or,

b/ A document issued or certified by a competent agency or organization of Vietnam, indicating the applicant’s Vietnamese nationality, or another document proving that the applicant previously held Vietnamese nationality.

In case the information regarding the applicant’s previous Vietnamese nationality status can be obtained from the Electronic Civil Status Database or the National Population Database, the dossier-receiving agency may not ask the applicant to submit the above-mentioned document.

2. In case a person applies for restoration of Vietnamese nationality on the ground that he/she has renounced Vietnamese nationality to apply for naturalization in a foreign country but has not been permitted to be naturalized, he/she shall submit the document issued by the foreign authority stating the reason for not permitting the naturalization. If the refusal of the naturalization is due to the applicant’s fault, the applicant shall submit a letter of guarantee from his/her parent, spouse, child or sibling who is a Vietnamese citizen permanently residing in Vietnam, together with his/her application for voluntary residence in Vietnam.

3. An applicant for restoration of Vietnamese nationality who concurrently applies for retention of foreign nationality shall submit:

a/ A document issued by the authority of a foreign country indicating that retention of foreign nationality is compliant with the law of that country. If the foreign law does not provide issuance of such document, the applicant shall submit a declaration statement that the foreign authority does not issue such document and that the application for retention of foreign nationality upon applying for restoration of Vietnamese nationality is compliant with the law of that country; and,

b/ A commitment statement not to use foreign nationality to harm the lawful rights and interests of agencies, organizations or individuals; or to undermine the national security, national interests or social order and safety of the State of the Socialist Republic of Vietnam.

In case the applicant fails to fully meet the conditions specified in Clause 5, Article 23 of the Law on Vietnamese Nationality, he/she shall be required to renounce his/her foreign nationality.

4. For a minor child jointly applying for restoration of Vietnamese nationality together with his/her parent(s), a copy of the child’s birth certificate or another valid document proving parent-child relationship shall be submitted in case the dossier-receiving agency cannot obtain information proving parent-child relationship from the Electronic Civil Status Database or the National Population Database. In case either parent applies for restoration of Vietnamese nationality and the minor child residing together with the applying parent also applies for restoration of Vietnamese nationality, a written agreement bearing the signatures of both parents on the child’s application for restoration of Vietnamese nationality shall be also submitted, and these signatures are not required to be certified; the parent signing the application for restoration of Vietnamese nationality for the child shall be held responsible for the authenticity of the other parent’s signature.

In case the child’s father or mother has died, or has lost civil act capacity or suffers limited civil act capacity, the written agreement may be replaced by the document proving such death, or loss or limitation of civil act capacity.

5. A dossier of application for restoration of Vietnamese nationality shall be made in 3 sets and kept at the Office of the President, the Ministry of Justice, and the dossier-receiving agency in case it is still impossible to process the dossier in an electronic environment.

To be processed in an electronic environment, a dossier shall be made in 1 set and stored at the dossier-receiving agency. The Office of the President and the Ministry of Justice shall store electronic dossiers in accordance with regulations.

Article 18. Verification of dossiers of application for restoration of Vietnamese nationality

The Ministry of Justice shall send a written request to the Ministry of Public Security for verifying the applicant’s personal background under Clause 3, Article 25 of the Law on Vietnamese Nationality. Within 45 days after receiving the request, the Ministry of Public Security shall conduct verification and give a written reply to the Ministry of Justice; for complicated cases, this time limit may be extended but must not exceed 60 days.

Section 3

RENUNCIATION OF VIETNAMESE NATIONALITY

Article 19. Conditions for renunciation of Vietnamese nationality

An applicant for renunciation of Vietnamese nationality who does not fall into the cases specified in Clauses 2, 3 and 4, Article 27 of the Law on Vietnamese Nationality may have his/her application considered for settlement.

Article 20. Documents in a dossier of application for renunciation of Vietnamese nationality

1. A document evidencing that the applicant for renunciation of Vietnamese nationality concurrently carries out the procedures for naturalization in a foreign country as specified at Point dd, Clause 1, Article 28 of the Law on Vietnamese Nationality, which is a document issued by a foreign authority certifying or guaranteeing the applicant’s eligibility for the naturalization; in case the applicant holds foreign nationality, he/she shall submit a copy of his/her passport or personal identification paper affixed with his/her photo and issued by a foreign authority, to prove his/her foreign nationality.

2. A document proving that the applicant currently holds Vietnamese nationality, which is a copy of his/her Vietnamese passport, citizen identity card, identity card, electronic identity card, people’s identity card or another document specified in Article 11 of the Law on Vietnamese Nationality and Article 7 of this Decree, in case the dossier-receiving agency cannot obtain information evidencing the applicant’s Vietnamese nationality from the Electronic Civil Status Database or the National Population Database.

3. A document specified at Point g, Clause 1, Article 28 of the Law on Vietnamese Nationality, which is a letter of confirmation issued by the head of the agency/unit that issued the decision on retirement, resignation, relief from duty, removal from office, dismissal or demobilization, stating that the applicant’s renunciation of Vietnamese nationality does not affect the protection of national secrets or security or does not contravene the regulations of the relevant sector.

4. A copy of birth certificate of the minor child as co-applicant for renunciation of Vietnamese nationality with his/her parent, or another valid document proving parent-child relationship, in case the dossier-receiving agency cannot obtain information proving parent-child relationship from the Electronic Civil Status Database or the National Population Database. In case either parent applies for renunciation of Vietnamese nationality and the minor child residing together with the applying parent also applies for renunciation of Vietnamese nationality, a written agreement bearing the signatures of both parents on the child’s application for renunciation of Vietnamese nationality shall also be submitted, and the signatures are not required to be certified; the parent signing the application for renunciation of Vietnamese nationality for the child shall be held responsible for the authenticity of the other parent’s signature.

In case the child’s father or mother has died, or has lost civil act capacity or suffers limited civil act capacity, the written agreement may be replaced by the document proving such death, or loss or limitation of civil act capacity.

5. A dossier of application for renunciation of Vietnamese nationality shall be made in 3 sets and stored at the Office of the President, the Ministry of Justice and the dossier-receiving agency in case it is still impossible to process the dossier in an electronic environment.

To be processed in an electronic environment, a dossier shall be made in 1 set and stored at the dossier-receiving agency. The Office of the President and the Ministry of Justice shall store electronic dossiers in accordance with regulations.

Article 21. Processing of dossiers of application for renunciation of Vietnamese nationality in case the document guaranteeing naturalization in a foreign country has expired

1. In case the document guaranteeing naturalization in a foreign country has expired, the Ministry of Justice shall send a written request to the representative mission for notifying the applicant for renunciation of Vietnamese nationality for him/her to carry out the procedures for renewal or re-issuance of such document.

2. The representative mission shall assist the applicant in carrying out the procedures for renewal or re-issuance of the document guaranteeing naturalization in a foreign country, if the applicant so requests.

3. The applicant shall submit the renewed or re-issued document guaranteeing naturalization in a foreign country to the representative mission for forwarding to the Ministry of Justice.

Article 22. Responsibilities of agencies, organizations and individuals in notifying and settling cases in which applicants for renunciation of Vietnamese nationality have not yet been permitted or are not permitted to renounce Vietnamese nationality

1. From the date the provincial-level Department of Justice posts information about the applicant for renunciation of Vietnamese nationality under Clause 2, Article 29 of the Law on Vietnamese Nationality, if the public security agency, the civil judgment enforcement agency, the tax administration agency, or another agency/organization/individual finds that the applicant falls into the cases in which he/she has not yet been permitted or is not permitted to renounce Vietnamese nationality as specified in Clauses 2, 3 and 4, Article 27 of the Law on Vietnamese Nationality and Clause 2 of this Article, it/he/she shall promptly notify such to the provincial-level Department of Justice that posted the information.

2. During the processing of a dossier of application for renunciation of Vietnamese nationality, if the tax administration agency or any agency/organization/individual that is a lawful creditor issues a notice stating that the applicant still owes taxes, money or property, the competent agency shall not process the dossier.

Article 23. Verification of personal background of applicants for renunciation of Vietnamese nationality

The Ministry of Justice shall send a written request to the Ministry of Public Security to verify the applicant’s personal background under Clause 4, Article 29 of the Law on Vietnamese Nationality. Within 45 days after receiving the request, the Ministry of Public Security shall conduct verification and give a written reply to the Ministry of Justice; for complicated cases, this time limit may be extended but must not exceed 60 days.

Section 4

DEPRIVATION OF VIETNAMESE NATIONALITY, ANNULMENT OF DECISIONS PERMITTING NATURALIZATION IN VIETNAM OR DECISIONS PERMITTING RESTORATION OF VIETNAMESE NATIONALITY

Article 24. Dossiers of proposal for deprivation of Vietnamese nationality

1. In case a provincial-level People’s Committee or a representative mission proposes deprivation of Vietnamese nationality from a person who has committed an act specified in Clause 1, Article 31 of the Law on Vietnamese Nationality, a dossier of proposal for deprivation of Vietnamese nationality must comprise:

a/ A letter of proposal, made by the provincial-level People’s Committee or the representative mission, for deprivation of Vietnamese nationality;

b/ The competent agency’s investigation and verification records and documents and conclusions concerning the violations of the person concerned;

c/ Complaints or denunciations against the person concerned (if any).

2. In case the court, after having tried a defendant who has committed an act specified in Clause 1, Article 31 of the Law on Vietnamese Nationality, proposes deprivation of Vietnamese nationality for that person, a dossier of proposal for deprivation of Vietnamese nationality must comprise:

a/ The court’s letter of proposal for deprivation of Vietnamese nationality;

b/ The legally effective judgment and relevant documents.

3. After deeming that the dossier is complete and valid, the Minister of Justice shall, as authorized by the Prime Minister, sign a request to be submitted to the President for consideration of the deprivation of Vietnamese nationality.

Article 25. Dossier of proposal for annulment of decisions permitting naturalization in Vietnam or decisions permitting restoration of Vietnamese nationality

1. In case a provincial-level People’s Committee or a representative mission proposes annulment of the decision permitting naturalization in Vietnam or the decision permitting restoration of Vietnamese nationality for a person who has committed an act specified in Clause 1, Article 33 of the Law on Vietnamese nationality, a dossier of proposal for annulment of the decision permitting naturalization in Vietnam or the decision permitting restoration of Vietnamese nationality must comprise:

a/ A letter of proposal, made by the provincial-level People’s Committee or the representative mission, for annulment of the decision permitting naturalization in Vietnam or the decision permitting restoration of Vietnamese nationality;

b/ The competent agency’s investigation and verification records and documents and conclusions concerning the violations of the person concerned;

c/ Complaints or denunciations against the person concerned (if any).

2. In case the court, after having tried a defendant who has committed an act specified in Clause 1, Article 33 of the Law on Vietnamese Nationality, proposes annulment of the decision permitting naturalization in Vietnam or the decision permitting restoration of Vietnamese nationality for that person, a dossier of proposal for annulment of the decision permitting naturalization in Vietnam or the decision permitting restoration of Vietnamese nationality must comprise:

a/ The court’s letter of proposal for annulment of the decision permitting naturalization in Vietnam or the decision permitting restoration of Vietnamese nationality;

b/ The legally effective judgment and relevant documents.

3. After deeming that the dossier is complete and valid, the Minister of Justice shall, as authorized by the Prime Minister, sign a request to be submitted to the President for consideration of the annulment of the decision permitting naturalization in Vietnam or the decision permitting restoration of Vietnamese nationality.

Chapter III

NOTIFICATION OF RESULTS OF SETTLEMENT OF NATIONALITY-RELATED MATTERS

Article 26. Notification of results of settlement of applications for naturalization in Vietnam, restoration, renunciation or deprivation of Vietnamese nationality, or annulment of decisions permitting naturalization in Vietnam or decisions permitting restoration of Vietnamese nationality

1. Within 7 working days after receiving the decision permitting naturalization in Vietnam, the Ministry of Justice shall send the result concerning permission for the naturalization in Vietnam to the provincial-level People’s Committee or the representative mission for organizing a ceremony to deliver the decision permitting naturalization in Vietnam.

The delivery of decisions permitting naturalization in Vietnam must comply with Article 16 of this Decree.

2. Notification of results concerning permission for restoration or renunciation of Vietnamese nationality, deprivation of Vietnamese nationality, or annulment of a decision permitting naturalization in Vietnam or a decision permitting restoration of Vietnamese nationality:

Within 7 working days after receiving the decision permitting restoration or renunciation of Vietnamese nationality, on deprivation of Vietnamese nationality, or annulment of the decision permitting naturalization in Vietnam or the decision permitting restoration of Vietnamese nationality, the Ministry of Justice shall send the result thereof to the provincial-level People’s Committee or the representative mission for notifying such to the applicant and for serving the monitoring, management and statistics of nationality-related matters already settled.

The representative mission shall withdraw the Vietnamese passport, citizen identity card or identity card from the person who is permitted to renounce Vietnamese nationality or is deprived of Vietnamese nationality in accordance with relevant laws.

3. The person who is permitted to renounce Vietnamese nationality or is deprived of Vietnamese nationality or for whom the decision permitting naturalization in Vietnam or the decision permitting restoration of Vietnamese nationality is annulled, shall collaborate with the public security agency in carrying out the procedures for deregistration of permanent residence, and return his/her Vietnamese passport, citizen identity card or identity card, or has his/her electronic identity card deactivated in accordance with relevant laws.

4. The person who is permitted to be naturalized in Vietnam or to have Vietnamese nationality restored will, if so wishing, be entitled to residence registration, or issuance of a Vietnamese passport, an identity card or an electronic identity card in accordance with relevant laws.

Article 27. Notification and annotation of nationality-related changes in the civil status register

1. Within 7 working days after receiving the decision permitting renunciation of Vietnamese nationality or on deprivation of Vietnamese nationality, or annulment of the decision permitting naturalization in Vietnam or the decision permitting restoration of Vietnamese nationality, the Ministry of Justice shall send a notice to the provincial-level Department of Justice or the representative mission that has made civil status registration for the concerned person for making annotations or guiding the making of annotations in the civil status register. The annotations include: code of the decision; date of issuance of the decision; and contents of the decision; the person making the annotations shall give his/her signature and full name and record the date of making the annotations. In case civil status registration is made at the representative mission while the civil status register has been transferred to the Ministry of Foreign Affairs for filing, the Ministry of Foreign Affairs shall take charge of making the annotations.

2. For a person who is permitted to have Vietnamese nationality restored and for whom the information on renunciation or deprivation of Vietnamese nationality had been previously recorded in the civil status register, or for a person who is permitted to be naturalized in Vietnam and for whom civil status registration had been previously made at a competent Vietnamese agency, the notification and annotation in the civil status register the information on restoration of Vietnamese nationality or naturalization in Vietnam must also comply with Clause 1 of this Article.

3. In case the representative mission or the provincial-level Department of Justice, upon receiving the notice of annotation, no longer keeps the previous civil status register, it shall open a new register for monitoring, management and settlement of relevant matters on civil status and nationality.

4. In case the Nationality Database has been connected and shared with the Electronic Civil Status Database, notification of changes in nationality-related matters shall be carried out in an electronic environment.

Article 28. Notification to the Ministry of Public Security of results of settlement of nationality-related matters

1. Within 7 working days after receiving the decision permitting naturalization in Vietnam or restoration of Vietnamese nationality, the Ministry of Justice shall notify such to the Ministry of Public Security for directing a competent public security agency to proceed with residence registration and issuance of a Vietnamese passport, an identity cards or an electronic identity card to the person permitted to be naturalized in Vietnam or to have Vietnamese nationality restored in accordance with law.

2. In case a person who is permitted to renounce Vietnamese nationality or is deprived of Vietnamese nationality, or for whom the decision permitting naturalization in Vietnam or the decision permitting restoration of Vietnamese nationality is annulled, currently resides or previously resided in Vietnam, the Ministry of Justice shall, within 7 working days after receiving the decision permitting renunciation of Vietnamese nationality or on deprivation of Vietnamese nationality, or on the annulment of the decision permitting naturalization in Vietnam or the decision permitting restoration of Vietnamese nationality, notify such to the Ministry of Public Security for directing a competent public security agency to proceed with the deregistration of permanent residence, revocation and invalidation of the Vietnamese passport, citizen identity card or identity card, or deactivation of the electronic identity card of that person in accordance with law.

3. In case the Nationality Database has been connected and shared with the Electronic Civil Status Database, the notification of results of settlement of nationality-related matters shall be carried out in an electronic environment.

Chapter IV

ISSUANCE OF LETTERS OF CONFIRMATION OF VIETNAMESE NATIONALITY OR ISSUANCE OF LETTERS OF CONFIRMATION OF PERSONS OF VIETNAMESE ORIGIN

Section 1

ISSUANCE OF LETTERS OF CONFIRMATION OF VIETNAMESE NATIONALITY

Article 29. Competence to issue letters of confirmation of Vietnamese nationality

Provincial-level Departments of Justice or representative missions based in the localities where the applicants for letters of confirmation of Vietnamese nationality reside at the time of filing the application dossiers, have the competence to issue letters of confirmation of Vietnamese nationality.

Article 30. Order and procedures for issuance of letters of confirmation of Vietnamese nationality

1. An applicant for a letter of confirmation of Vietnamese nationality shall prepare one 1 set of dossier, comprising a declaration form as prescribed, accompanied by two 4cm x 6cm photos taken within the last 6 months, and copies of the following papers:

a/ One of personal identification papers, such as citizen identity card, identity card, electronic identity card, residence document, temporary residence card, laissez-passer, international travel document, or another personal identification paper affixed with the applicant’s photo and issued by a competent agency;

b/ One of the documents as proof of Vietnamese nationality as specified in Article 11 of the Law on Vietnamese Nationality and Article 7 of this Decree, or similar documents issued by the former administrations, even a birth certificate without the item “nationality” or having the item “nationality” that is left blank, which indicates the applicant’s and his/her parents’ Vietnamese full names, in case the dossier-receiving agency cannot obtain information evidencing the applicant’s Vietnamese nationality from the Electronic Civil Status Database or the National Population Database;

c/ If having none of the documents evidencing Vietnamese nationality as specified at Point b, Clause 1 of this Article, the applicant shall submit a personal history declaration accompanied by one of the following documents to enable verification of his/her Vietnamese nationality:

Document on nationality, civil status or household registration, identity card, or another document issued by a competent authority of Vietnam to Vietnamese citizens in different periods, which indicates Vietnamese nationality or information related to Vietnamese nationality or citizens;

Document on nationality, civil status or household registration, identity card, or another document issued by the former regime in Southern Vietnam or by the former administration in Northern Vietnam, which indicates Vietnamese nationality or information related to Vietnamese nationality or citizens.

2. Procedures for checking, verifying and searching for information on Vietnamese nationality:

a/ In case the applicant can produce a document evidencing Vietnamese nationality and files the application dossier with the provincial-level Department of Justice, within 5 working days after receiving the dossier, the provincial-level Department of Justice shall check the dossier and directly search information or request in writing the Ministry of Justice to search information on renunciation or deprivation of Vietnamese nationality, or annulment of the decision permitting naturalization in Vietnam or the decision permitting restoration of Vietnamese nationality. Within 10 working days, the Ministry of Justice shall search information and give a written reply to the provincial-level Department of Justice. If having any doubt about the authenticity of the document evidencing Vietnamese nationality, the provincial-level Department of Justice shall request verification from the agency that has issued such document. Within 10 working days after receiving the request from the provincial-level Department of Justice, such agency shall conduct verification and give a written reply to the provincial-level Department of Justice.

If the application dossier is filed with a representative mission, within 5 working days after receiving it, the representative mission shall check the dossier and directly search information or send a request to the Ministry of Foreign Affairs for requesting the Ministry of Justice to search information on renunciation or deprivation of Vietnamese nationality, or annulment of the decision permitting naturalization in Vietnam or the decision permitting restoration of Vietnamese nationality. Within 10 working days, the Ministry of Justice shall search information and reply in writing. If having any doubt about the authenticity of the document evidencing Vietnamese nationality issued by a domestic competent agency, the representative mission shall send a written request to the Ministry of Foreign Affairs for requesting verification from such agency. Within 10 working days after receiving the request from the Ministry of Foreign Affairs, such agency shall conduct verification and give a written reply to the Ministry of Foreign Affairs. Within 5 working days after receiving the result of search and verification, the Ministry of Foreign Affairs shall issue a notice thereof to the representative mission;

b/ In case the applicant cannot produce the document evidencing Vietnamese nationality but can produce the document specified at Point c, Clause 1 of this Article, and files the application dossier with the provincial-level Department of Justice, within 5 working days after receiving the dossier, the provincial-level Department of Justice shall search information or request the Ministry of Justice to search information on renunciation or deprivation of Vietnamese nationality, or annulment of the decision permitting naturalization in Vietnam or the decision permitting restoration of Vietnamese nationality. Within 10 working days, the Ministry of Justice shall search information and give a written reply to the provincial-level Department of Justice. At the same time, the provincial-level Department of Justice shall request in writing the provincial-level public security agency to verify the applicant’s personal background. Within 45 days after receiving the request from the provincial-level Department of Justice, the provincial-level public security agency shall conduct verification and give a written reply to the provincial-level Department of Justice; for complicated cases, this time limit may be extended but must not exceed 60 days.

If the application dossier is filed with a representative mission, within 5 working days after receiving the dossier, the representative mission shall search information or send a written request together with copies of the papers and information provided by the applicant to the Ministry of Foreign Affairs, requesting the Ministry of Justice to search information on renunciation or deprivation of Vietnamese nationality, or annulment of the decision permitting naturalization in Vietnam or the decision permitting restoration of Vietnamese nationality, and requesting the Ministry of Public Security to verify personal background of the applicant. Within 10 working days, the Ministry of Justice shall search information and give a written reply to the Ministry of Foreign Affairs; the Ministry of Public Security shall conduct verification and give a reply on the result of verification of the applicant’s personal background within 45 days; for complicated cases this time limit may be extended but must not exceed 60 days. Within 5 working days after receiving the result of search and verification, the Ministry of Foreign Affairs shall issue a notice thereof to the representative mission.

3. Within 3 working days after receiving the result of search and verification under Clause 2 of this Article, if having sufficient grounds to determine the applicant’s Vietnamese nationality and that the applicant is not included in the list of persons permitted to renounce Vietnamese nationality or subject to deprivation of Vietnamese nationality or subject to annulment of the decision permitting naturalization in Vietnam or the decision permitting restoration of Vietnamese nationality, the dossier-processing agency shall record such in the register of issuance of letters of confirmation of Vietnamese nationality; and the agency’s head shall sign and issue a letter of confirmation of Vietnamese nationality, using the prescribed form, to the applicant.

If having no grounds to issue a letter of confirmation of Vietnamese nationality, the dossier-processing agency shall reply in writing to the applicant.

Section 2

ISSUANCE OF LETTERS OF CONFIRMATION OF PERSONS OF VIETNAMESE ORIGIN

Article 31. Competence to issue letters of confirmation of persons of Vietnamese origin

Provincial-level Departments of Justice or representative missions based in the localities where the applicants for letters of confirmation of persons of Vietnamese origin reside at the time of filing the application dossiers have the competence to issue letters of confirmation of persons of Vietnamese origin.

Article 32. Order and procedures for issuance of letters of confirmation of persons of Vietnamese origin

1. An applicant for a letter of confirmation of a person of Vietnamese origin shall prepare 1 set of dossier, comprising a declaration form as prescribed, accompanied by his/her two 4cm x 6cm photos taken within the last 6 months, and copies of the following papers:

a/ One of his/her personal identification papers, such as people’s identity card, citizen identity card, identity card, electronic identity card, residence document, temporary residence card, laissez-passer, international travel document, or another personal identification paper affixed with his/her photo and issued by a competent agency;

b/ A previously issued document evidencing that the applicant used to hold Vietnamese nationality and, upon his/her birth, his/her nationality was determined by descent at birth, or a document evidencing that, upon his/her birth, the applicant’s parents or paternal grandparents/maternal grandparents used to hold Vietnamese nationality, in case the dossier-receiving agency cannot obtain information from the Electronic Civil Status Database or the National Population Database.

If none of the above documents is available, depending on circumstances, the applicant may submit copies of his/her personal identification paper, document on nationality or civil status issued by the former regime in Southern Vietnam or document issued by the former administration in Northern Vietnam; letter of guarantee issued by the Vietnamese association in the foreign country where the applicant currently resides, which indicates that he/she is of Vietnamese origin; letter of guarantee by the person holding Vietnamese nationality, which indicates that the applicant is of Vietnamese origin; or document issued by a foreign authority stating Vietnamese nationality or Vietnamese origin.

2. Within 5 working days after receiving the dossier, the dossier-receiving agency shall check information in the dossier and documents produced by the applicant, and send a written request to the provincial-level public security agency (if the dossier is filed with the provincial-level Department of Justice) or to the Ministry of Public Security (if the dossier is filed with a representative mission) for verification of the applicant’s personal background. The time limit for conducting verification and giving a reply on the verification result is 45 days; for complicated cases, this time limit may be extended but must not 60 days.

Within 3 working days after receiving the verification result, if having sufficient grounds to ascertain that the applicant is of Vietnamese origin, the dossier-receiving agency shall record such in the register of issuance of certificates of persons of Vietnamese origin, and the agency’s head shall sign and issue a letter of confirmation of a person of Vietnamese origin, using the prescribed form, to the applicant.

If having no grounds to issue a letter of confirmation of a person of Vietnamese origin, the dossier-processing agency shall reply in writing to the applicant.

Chapter V

RESPONSIBILITIES OF AGENCIES IN STATE MANAGEMENT OF NATIONALITY

Article 33. Responsibilities of the Ministry of Justice

The Ministry of Justice shall assist the Government in performing the unified state management of nationality, having the following tasks and powers:

1. To promulgate, or submit to competent agencies for promulgation, legal documents on nationality, and organize the implementation of the law on nationality.

2. To direct, guide and organize nationality-related training courses for personnel engaged in nationality affairs.

3. To carry out public communication and education about the law on nationality.

4. To issue, provide instructions for the use of, and manage, forms of nationality registers and forms of nationality-related papers.

5. To examine, and settle within its competence, matters related to Vietnamese nationality, settle complaints and denunciations, and handle violations relating to nationality.

6. To examine, and coordinate with the Ministry of Public Security in verifying, nationality-related dossiers in accordance with law.

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

8. To perform the tasks specified in Clause 1, Article 4 of this Decree.

9. To research the application of information technology in performing the state management of nationality and processing nationality-related dossiers.

10. To keep nationality-related dossiers.

11. To summarize, and compile statistics of, data on nationality-related matters already settled, and report thereon to the Prime Minister.

Article 34. Responsibilities of the Ministry of Foreign Affairs and representative missions

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

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

b/ To direct representative missions in updating, exploiting and using the Nationality Database;

c/ To inspect nationality-related affairs at representative missions;

d/ To organize nationality-related training courses for diplomatic and consular officers;

dd/ To popularize the law on nationality among overseas Vietnamese;

e/ To direct representative missions to regularly update the foreign laws on nationality for performing the state management function and settling nationality-related matters;

g/ To settle complaints and denunciations and handle violations relating to nationality within its competence;

h/ To revoke documents relating to Vietnamese nationality issued by representative missions in contravention of law;

i/ To summarize, and provide statistics of, data on nationality-related matters already settled at representative missions and send them to the Ministry of Justice under regulations.

2. Representative missions have the following tasks and powers:

a/ To receive, and settle within their competence, dossiers of application for naturalization in Vietnam or for restoration or renunciation of Vietnamese nationality; to prepare dossiers proposing the President to deprive Vietnamese nationality, or annul decisions permitting naturalization in Vietnam or decisions permitting restoration of Vietnamese nationality; to issue letters of confirmation of Vietnamese nationality; to issue letters of confirmation of persons of Vietnamese origin in accordance with law;

b/ To update, exploit and use the Nationality Database;

c/ To revoke and invalidate Vietnamese passports, citizen identity cards or identity cards issued to persons who have been permitted to renounce Vietnamese nationality or have been deprived of Vietnamese nationality or for whom decisions permitting naturalization in Vietnam or decisions permitting restoration of Vietnamese nationality are annulled, and who currently reside abroad, in accordance with law;

d/ To assign diplomatic and consular officers to receive and process nationality-related dossiers within their competence;

dd/ To popularize the law on nationality to overseas Vietnamese citizens;

e/ To regularly update the host countries’ laws on nationality for performing the state management function and settling nationality-related matters within their competence;

g/ To keep nationality registers and nationality-related dossiers;

h/ To summarize, and provide statistics of, data on nationality-related matters already settled and report thereon to the Ministry of Foreign Affairs under regulations;

i/ To settle complaints and denunciations and handle violations related to nationality within their competence;

k/ To organize in a solemn and meaningful manner ceremonies for delivering the President’s decisions permitting naturalization in Vietnam.

Article 35. Responsibilities of the Ministry of Public Security

1. The Ministry of Public Security shall coordinate with the Ministry of Justice in the settlement of nationality-related matters, having the following tasks and powers:

a/ To examine and verify, or direct competent public security agencies to verify, the personal background of applicants for naturalization in Vietnam or restoration or renunciation of Vietnamese nationality; to deprive persons of Vietnamese nationality; to annul decisions permitting naturalization in Vietnam or decisions permitting restoration of Vietnamese nationality; to provide confirmation of Vietnamese nationality; to provide confirmation of persons of Vietnamese origin.

b/ To direct competent public security agencies to verify the authenticity of documents issued by such agencies serving as proof of Vietnamese nationality as specified in Clauses 2 and 3, Article 11 of the Law on Vietnamese Nationality at the proposal of provincial-level Departments of Justice, representative missions or other competent agencies.

c/ To direct the settlement of residence registration and issuance of Vietnamese passports, citizen identity cards or electronic identity cards for persons permitted to be naturalized in Vietnam or permitted to have Vietnamese nationality restored; to carry out residence deregistration, and revoke and invalidate Vietnamese passports, citizen identity cards, identity cards or electronic identity cards of persons who are permitted to renounce Vietnamese nationality or are deprived of Vietnamese nationality or for whom decisions permitting naturalization in Vietnam or decisions permitting restoration of Vietnamese nationality are annulled in accordance with law.

d/ To coordinate in handling violations in the settlement of nationality-related matters.

2. To direct provincial-level public security agencies to coordinate with provincial-level Departments of Justice and related agencies in settling nationality-related matters under regulations.

Article 36. Responsibilities of provincial-level People’s Committees

1. Provincial-level People’s Committees shall perform the state management of nationality in localities, having the following tasks and powers:

a/ To organize the receipt of, and process within their competence, dossiers of application for naturalization in Vietnam or restoration or renunciation of Vietnamese nationality; to prepare dossiers proposing the President to deprive persons of Vietnamese nationality or to annul decisions permitting naturalization in Vietnam or decisions permitting restoration of Vietnamese nationality; to issue letters of confirmation of Vietnamese nationality; to issue letters of confirmation of persons of Vietnamese origin in accordance with law;

b/ To direct the updating, exploitation and use of the Nationality Database;

c/ To popularize the law on nationality;

d/ To keep nationality registers and nationality-related dossiers;

dd/ To settle complaints and denunciations and handle violations relating to nationality within their competence;

e/ To summarize, and make statistics of, data on nationality-related matters, and report thereon to the Ministry of Justice under regulations;

g/ To organize in a solemn and meaningful manner ceremonies for delivering decisions permitting naturalization in Vietnam;

h/ To revoke documents relating to Vietnamese nationality that are issued by provincial-level Departments of Justice in contravention of law.

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

Chapter VI

IMPLEMENTATION PROVISIONS

Article 37. Effect

1. This Decree takes effect on July 1, 2025.

2. The Government’s Decree No. 16/2020/ND-CP of February 3, 2020, detailing a number of articles of, and providing measures to implement, the Law on Vietnamese Nationality, and Article 4 of the Government’s Decree No. 07/2025/ND-CP of January 9, 2025, amending and supplementing a number of articles of the Decrees in the fields of civil status, nationality and authentication, cease to be effective on the date this Decree takes effect.

Article 38. Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, and related agencies, organizations and individuals shall implement this Decree.-

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
LE THANH LONG