Joint Circular No. 05/2009/TTLT-BCA-BNG dated May 12, 2009 of the Ministry of Public Security and the Ministry of Foreign Affairs guiding the procedures for overseas Vietnamese to register permanent residence in Vietnam

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Issuing body:	Ministry of Public Security; Ministry of Foreign Affairs	Effective date:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Official number:	05/2009/TTLT-BCA-BNG	Signer:	Nguyen Van Huong; Nguyen Thanh Son
Type:	Joint Circular	Expiry date:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Issuing date:	12/05/2009	Effect status:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Fields:	Foreign affairs

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Effect status: Known

THE MINISTRY OF PUBLIC SECURITY- THE MINISTRY OF FOREIGN AFFAIRS

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No.05/2009/TTLT-BCA-BNG

SOCIALIST REPUBLIC OF VIETNAM

Independence- Freedom- Happiness

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Hanoi, May 12, 2009

JOINT CIRCULAR

Guiding the procedures for overseas Vietnamese to register permanent residence in Vietnam

Pursuant to Residence Law No. 81/2006/QH11 dated November 29, 2006;

Pursuant to the Government’s Decree No. 107/2007/ND-CP dated June 25, 2007, detailing and guiding a number of articles of the Residence Law;

Pursuant to the Government’s Decree No. 136/2007/ND-CP dated August 17, 2007, on exit and entry of Vietnamese citizens;

Pursuant to the Prime Minister’s Directive No. 19/2008/CT-TTg dated June 6, 2008, enhancing the implementation of the Government’s action program on overseas Vietnamese-related affairs;

The Ministry of Public Security and the Ministry of Foreign Affairs jointly guide the procedures for overseas Vietnamese to register residence in Vietnam as follows:

I. SUBJECTS AND SCOPE OF APPLICATION

1. This Circular applies to overseas Vietnamese holding valid passports or passport substitute papers granted by foreign authorities (below collectively referred to as foreign passports) who register permanent residence in Vietnam.

2. This Circular also applies to overseas Vietnamese who do not hold foreign passports, but permanent residence papers granted by foreign authorities.

3. Overseas Vietnamese holding valid Vietnamese passports may register residence in Vietnam according to Item b, Point 1, Section II of the Public Security Ministry’s Circular No. 06/2007/TT-BCA-C11 dated July 1, 2007.

4. This Circular does not apply to the following subjects:

- Persons having renounced Vietnamese nationality. If wishing to register permanent residence in Vietnam, they shall carry out procedures to restore Vietnamese nationality under Vietnamese law.

- Persons ineligible for entry into Vietnam under Clause 1, Article 8 of the 2000 Ordinance on Entry, Exit and Residence of Foreigners in Vietnam.

II. ORDER AND PROCEDURES FOR OVERSEAS VIETNAMESE TO PERMANENTLY RESIDE IN VIETNAM

A. A dossier of request for permanent residence in Vietnam, which shall be made in two sets, comprises:

1. An application for permanent residence in Vietnam (made according to a set form);

2. A certified copy of foreign passport or residence paper granted by a foreign authority (or a photocopy enclosed with the original for comparison);

3. The certified copy of any of the following papers evidencing Vietnamese nationality:

- Birth certificate; when the birth certificate does not clearly show the applicant’s Vietnamese nationality, it must be enclosed with papers evidencing Vietnamese nationality of his/her parents;

- Identity card;

- Vietnamese passport;

- Decision on restoration of Vietnamese nationality, decision on recognition of adoption of a foreign child or decision on a foreigner’s adoption of a Vietnamese child;

- Other papers granted by competent Vietnamese authorities certifying the applicant’s retention of Vietnamese nationality under Vietnam law on nationality.

4. Three 4 cm x 6 cm recent photos with white background showing the applicant looking straight, bareheaded and wearing no color glasses (2 photos glued to the application and the other left loose);

5. Either of the following papers evidencing that the applicant lawfully has homes in Vietnam:

5.1. For those having owned homes in Vietnam:

The certified copy of any of the following papers evidencing accommodation lawfully owned by the applicant (or the photocopy enclosed with the original for comparison); certificate of house ownership; papers on purchase, sale, donation, grant, exchange or inheritance of the house; house purchase contract or papers evidencing the handover of the house by a licensed real estate developer; legally effective documents of a court or competent state administrative agency allowing house ownership.

5.2. For those lawfully having homes by lease or borrowing of or permitted stay in houses of other individuals:

- Certified copy of the contract on lease or borrowing of or permission of stay in houses of an individual (or a photocopy enclosed with original for comparison);

- Document evidencing the consent to the applicant’s permanent residence registration of the person who leases or lends the house to the applicant or allows him/her to stay in the house;

- Certified copy of papers and documents evidencing the house ownership of the person who leases or lends the house to the applicant or allows him/her to stay in the house (or photocopy enclosed with the original for comparison).

6. Overseas Vietnamese applicants who wish to permanently reside in centrally run cities shall, in addition to the above papers, produce any of the following papers evidencing their eligibility for registering permanent residence in those cities (under Clauses 1, 2 and 4, Article 20 of the Residence Law):

6.1 Overseas Vietnamese who lawfully have homes shall produce either of the following papers evidencing their constant temporary residence in those cities for at least one year:

- Paper on temporary residence for a definite duration or written certification of the police of wards, communes or townships on temporary residence duration;

- Temporary residence book or written certification of the police of wards, communes or townships on registered temporary residence duration.

6.2. An overseas Vietnamese who is allowed by the household residence book owner to be named in this book shall produce any of the following papers evidencing the blood relation between them:

- A wife living with her husband; a husband living with his wife; a child living with his/her parent(s); a farther or mother living with his/her child;

- Person beyond the working age, on pension, resigning on poor health or being laid-off and living with blood sibling;

- Person with disabilities, losing working capacity or suffering from mental illness or other diseases which render him/her in capable of perceiving or controlling his/her act, and living with blood sibling, aunt or uncle, or guardian;

- Minor whose parent die or cannot afford his/her and living with paternal or maternal grandparents, blood sibling, aunt or uncle, or guardian;

- Single minor living with paternal or maternal grandparents.

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Joint Circular No. 05/2009/TTLT-BCA-BNG dated May 12, 2009 of the Ministry of Public Security and the Ministry of Foreign Affairs guiding the procedures for overseas Vietnamese to register permanent residence in Vietnam

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