Contents
I. Authority to issue Certificate of Vietnamese nationality
The applicant for a Certificate of Vietnamese nationality shall submit a dossier at the Department of Justice, where he or she resides in the country, or a representative mission, where he/she resides in a foreign country at the time of application submission.
II. Condition
Vietnamese people residing abroad have not lost their Vietnamese nationality
III. Order of implementation (In Vietnam)
Step 1: Person wishing to confirm his/her Vietnamese nationality shall submit their dossiers directly at the Department of Justice of their residence or via the postal system.
Step 2: The Department of Justice receives the dossier, checks the validity and completeness of the documents included in the dossier:
+ If the application is complete and valid, it shall be recorded in the Acceptance Book and issued with a Certificate of Acceptance according to the prescribed form.
+ In case the application is incomplete or invalid, the applicant shall provide written instructions for supplementing and completing the application.
Step 3: Settlement of records
* Case 1: Having papers proving Vietnamese nationality:
Within 05 working days from the day on which the application is accepted, the Department of Justice shall examine the dossier, directly search it or send a written request to the Ministry of Justice to look up Vietnamese nationality.
Within 10 working days, the Ministry of Justice shall conduct a search and reply in writing to the Department of Justice. If there is doubt about the authenticity of documents proving Vietnamese nationality, the Department of Justice shall request the agency that has issued such papers to verify; within 10 days after receiving a written request from the Department of Justice, the agency that has issued that document shall verify and send a written reply to the Department of Justice.
Within 5 working days from the date of receipt of the search and verification results, if there are enough grounds to determine the Vietnamese nationality and the person is not on the list of persons entitled to renunciation of their nationality or deprived of their nationality, naturalization, the decision to naturalize Vietnam has been annulled, the Department of Justice shall record it in the Certificate of Vietnamese nationality issuance; the head of the agency shall sign and issue a certificate of Vietnamese nationality according to the prescribed form to the requester.
If there is no basis for granting a certificate of Vietnamese nationality, the Department of Justice shall reply in writing to the requester.
* Case 2: There is no document to prove Vietnamese nationality, but there are papers as a basis for determining Vietnamese nationality according to the provisions of Clause 2, Article 28 of Decree No. 16/2020/ND-CP:
Within 05 working days from the day on which the application is accepted, the Department of Justice shall actively search or request the Ministry of Justice to look up Vietnamese nationality.
Within 10 working days, the Ministry of Justice shall conduct a search and reply in writing to the Department of Justice. At the same time, the Department of Justice shall send a written request to the police office of the same level to verify the identity of the requester; within 45 working days from the date of receipt of the request of the Department of Justice, the police authority shall verify and send a written reply to the Department of Justice.
Within 05 working days from the date of receipt of the search and verification results, the Department of Justice shall continue to proceed with the same settlement as in case 1.
Step 4: The applicant based on the appointment date on the receipt to receive the settlement result at the Department of Justice as follows:
+ 1st time: Receive the result of processing the dossier or receive the notification that the dossier has been transferred for verification at the relevant agencies.
+ 2nd time: Receive the result of handling the application or the rejection document.
IV. Dossier composition
* Case 1: Having papers proving Vietnamese nationality:
+ An application form for a certificate of Vietnamese nationality (form TP/QT-2020-TKXNCQTVN), enclosed with 02 4×6 photos taken less than 6 months;
+ A copy of the person’s identity document such as identity card, citizen identification, residence document, temporary residence card, travel document, international travel document or certification of travel personal identity with a photo issued by a competent authority;
+ A copy of a valid document proving Vietnamese nationality as prescribed in Article 11 of the Law on Vietnamese Nationality (which is one of the following papers: Birth certificate, in case the birth certificate does not clearly show Vietnamese nationality) If male, must be accompanied by papers proving the Vietnamese nationality of parents; ID card; Vietnamese passport; Decision on naturalization of Vietnam, Decision on returning Vietnamese nationality, Decision on publicity. adoption of a foreign child, a decision for a foreigner to adopt a Vietnamese child) or a similar document issued by a previous government, including a birth certificate in which no there is a nationality section or a nationality section is left blank but on it are the Vietnamese names of the requester and his or her parents;
+ Papers proving the place of residence are one of the following documents: household registration book, temporary residence book, permanent residence card, temporary residence card (if any), in case the above documents are not available, the place of residence The applicant’s residence is the place where he/she is currently living and has the certification of the ward, commune or township police of his/her residence in the locality.
* Case 2: There is no paper to prove Vietnamese nationality, but there are papers as a basis for determining Vietnamese nationality according to the provisions of Clause 2, Article 28 of Decree No. 16/2020/ND- CP :
+ An application form for a certificate of Vietnamese nationality (form TP/QT-2020-TKXNCQTVN), enclosed with 02 4×6 photos taken less than 6 months old;
+ A copy of the person’s identity document such as identity card, citizen identification, residence document, temporary residence card, travel document, international travel document or certification of travel personal identity with a photo issued by a competent authority;
+ A curriculum vitae enclosed with one of the papers used as a basis for determining Vietnamese nationality:
- Copies of papers on nationality, civil status, household registration, identification or other papers issued by competent Vietnamese authorities to Vietnamese citizens over the period from 1945 to before July 1/ 2009, including Vietnamese nationality or information related to Vietnamese nationality and citizens.
- Copies of papers on nationality, civil status, household registration, identification or other documents issued by the former regime in South Vietnam before April 30, 1975, or papers issued by the former government in Hanoi from from 1911 to 1956, including Vietnamese nationality or information related to Vietnamese nationality and citizens.
+ Papers proving the place of residence are one of the following documents: household registration book, temporary residence book, permanent residence card, temporary residence card (if any), in case the above documents are not available, the place of residence The involved party’s residence is the place where he/she is living and has the certification of the ward, commune or township police of his/her residence in the locality.
– Where the law stipulates that the documents to be submitted are copies, the petitioner for settlement of nationality matters may submit documents which are photocopies from the originals, certified copies from the originals or granted copies. from the original book. If submitting a photocopy from the original, the original must be submitted for comparison; the person receiving the dossier shall check, compare the copy with the original and sign for verification.
In case the application is sent via the postal system, the copy of the document must be certified from the original or issued from the original book; The application, declaration, and curriculum vitae must be authenticated with signatures as prescribed by law.
V. Settlement time
– 20 working days for cases with documents proving Vietnamese nationality.
– 55 working days in case there is no proof of Vietnamese nationality.
VI. Fee
100,000 VND/case
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