Circular No. 03/2015/TT-BTP stipulates the conditions, procedures, and formalities for acquiring Vietnamese citizenship, registering birth, and marriage for voluntary migrants from Laos to border counties of Vietnam.

CIRCULAR

(vi) Agreement on the amount of reserve left behind and the deadline for selling the purchased cash foreign currency to the authorized credit institution. conditions, procedures, and formalities for acquiring Vietnamese nationality and registering birth and marriage

for voluntary migrants in border counties of Vietnam adjacent to Laos

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Pursuant to the Agreement between the Government of the Socialist Republic of Vietnam and the Government of the Lao People's Democratic Republic dated July 8, 2013 on the resolution of issues concerning voluntary migrants and non-marital marriages in the border areas of the two countries; Pursuant to the Law on Vietnamese Nationality 2008;

Pursuant to Decree No. 78/2009/NĐ-CP dated September 22, 2009 of the Government detailing and guiding the implementation of certain provisions of the Law on Vietnamese Nationality;

Pursuant to Decree No. 158/2005/NĐ-CP dated December 27, 2005 of the Government on registration and management of civil status records;

Pursuant to Decree No. 06/2012/NĐ-CP dated February 2, 2012 of the Government amending and supplementing certain articles of decrees on civil status, marriage and family, and notarization;

Implementing Decision No. 2627/QĐ-TTg dated December 31, 2013 of the Prime Minister approving the Project to implement the "Agreement between the Government of the Socialist Republic of Vietnam and the Government of the Lao People's Democratic Republic on the resolution of issues concerning voluntary migrants and non-marital marriages in the border areas of the two countries"; conditions, procedures, and formalities for acquiring Vietnamese nationality, registering birth, and marriage for voluntary migrants in border counties of Vietnam adjacent to Laos:

Article 1. This Circular stipulates the conditions, procedures, and formalities for voluntary Laotian migrants to acquire Vietnamese nationality, register birth, and marry in border counties of Vietnam adjacent to the Vietnam-Laos border according to the Agreement between the Government of the Socialist Republic of Vietnam and the Government of the Lao People's Democratic Republic on the resolution of issues concerning voluntary migrants and non-marital marriages in the border areas of the two countries (hereinafter referred to as the Agreement), and the model documents on nationality and civil status to be used in resolving the aforementioned matters. Article 2. Object and scope of application

The Minister of Justice issues this Circular detailing and guiding the implementation of certain provisions of Decree No. 23/2015/NĐ-CP dated February 16, 2015 of the Government on issuing certified copies from original registers, certifying copies from originals, certifying signatures, and certifying contracts and transactions:

The Minister of Justice issues this Circular to stipulate 1. Voluntary Laotian migrants residing in border counties of Vietnam adjacent to the Vietnam-Laos border, who are permitted to reside in Vietnam according to Clause 1, Article 3 of the Agreement and approved by the Chief of the Vietnamese Border Delegation (hereinafter referred to as permitted Laotian migrants).

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

2. Vietnamese citizens who have migrated to border counties of Laos adjacent to the Laos-Vietnam border and are not permitted to reside in Laos according to Clause 1, Article 3 of the Agreement, and are returned by the Lao side and approved by the Chief of the Lao Border Delegation and received by the Chief of the Vietnamese Border Delegation.

3. The scope of application is the border counties of Vietnam adjacent to the Vietnam-Laos border (hereinafter referred to as border counties) listed in this Circular.

1. A Laotian person is a person with Laotian nationality or of Laotian origin, who has migrated from Laos to live in border counties of Vietnam adjacent to Laos without having been issued documents on nationality, civil status, and other required documents by competent Vietnamese authorities as prescribed by law.

2. A Vietnamese citizen is a person with Vietnamese nationality who has not been issued documents on nationality, civil status, and other required documents by competent Lao authorities as prescribed by Lao law.

2. Vietnamese citizens migrating to Laotian counties adjacent to the Laos-Vietnam national border do not fall within the category of persons permitted to reside in Laos pursuant to Clause 1 of Article 3 of the Agreement and shall be repatriated by the Chief Delegate of the Laos Border Delegation, approved by the Chief Delegate of the Vietnam Border Delegation.

3. The applicable area is the Vietnamese counties adjacent to the Vietnam-Laos national border (hereinafter referred to as border counties) according to the list attached to this Circular.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. Laotians are individuals with Laotian nationality or of Laotian origin who have migrated from Laos to live in Vietnamese border counties adjacent to Laos without having been issued nationality, household registration, and other documents by competent Vietnamese authorities as prescribed by law.

2. Vietnamese citizens are individuals with Vietnamese nationality who have not been issued nationality, household registration, and other documents by competent Laotian authorities as prescribed by Laotian law.

Chapter II

Article 4. Conditions for Acquiring Vietnamese Citizenship; Procedures for Birth Registration and Marriage Registration

Article 4. Conditions for Acquiring Vietnamese Citizenship

Laotian individuals falling within the scope defined in Clause 1, Article 2 of this Circular, if they express their willingness and meet all the following conditions, shall be considered for acquisition of Vietnamese citizenship:

1. Voluntarily submit an application for Vietnamese citizenship;

2. Voluntarily comply with the Constitution and laws of Vietnam;

3. Not have violated criminal law;

4. Have a stable life, own fixed property and assets, and possess agricultural land at their place of residence;

5. Not be a person under arrest warrant or serving a sentence according to Vietnamese law;

6. Possess a Vietnamese name. This name must be chosen by the applicant and clearly stated in the Application for Vietnamese Citizenship.

Article 5. Procedure and Formalities for Processing Applications for Vietnamese Citizenship

1. Laotian migrants permitted to reside who wish to apply for Vietnamese citizenship shall go to the People's Committee of the commune or town (hereinafter referred to as the People's Committee of the commune) where they reside to receive guidance and support in preparing the application dossier. Each individual prepares two sets of dossiers; each set includes the Application for Vietnamese Citizenship and the Personal Information Form according to the model issued together with this Circular.

2. The procedure for preparing and processing applications for Vietnamese citizenship shall be carried out as follows:

a) Within ten working days from the date of receipt of the list of Laotian migrants permitted to reside approved by the Chief of the Vietnamese Border Delegation, the Provincial People's Committee shall direct the Department of Justice to take the lead, coordinate with the Public Security Bureau at the same level and the People's Committee of the border district to organize mobile teams to visit the People's Committees of communes within the border district to provide guidance and support for the preparation and acceptance of applications for Vietnamese citizenship.

b) Within five working days from the date of completion of the dossier, the Department of Justice shall examine and review the dossier. If it finds that the information is complete and the applicant meets the conditions stipulated in Article 4 of this Circular, it shall issue a document to the Provincial People's Committee along with the list and dossier for Vietnamese citizenship.

c) Within five working days from the date of receipt of the Department of Justice's proposal, the Chairman of the Provincial People's Committee shall examine and conclude, and issue a document proposing to the Ministry of Justice along with the list and dossier for Vietnamese citizenship.

d) Within ten working days from the date of receipt of the proposal document from the Chairman of the Provincial People's Committee, the Ministry of Justice shall re-examine the dossier. If it determines that the applicant meets the conditions for Vietnamese citizenship, the Minister of Justice shall authorize

f) Within five working days from the date of receipt of the Decision of

e) Within five working days from the date of receipt of the notification of the result of acquiring Vietnamese citizenship, the Provincial People's Committee shall direct the Department of Justice to organize the delivery of the Decision to the individual granted Vietnamese citizenship.

Article 6. Notification of List of Vietnamese Individuals Acquiring Laotian Citizenship

1. Within three working days from the date of receipt of the notification from Laos and the list of Vietnamese individuals acquiring Laotian citizenship, the Chief of the Vietnamese Border Delegation shall send a copy of the decision of the competent authority in Laos along with the list of Vietnamese individuals acquiring Laotian citizenship to the Ministry of Justice.

2. Within five working days from the date of receipt of the copy of the decision and the list of Vietnamese individuals acquiring Laotian citizenship, the Ministry of Justice shall report to the Government to present

Article 7. Birth Registration

1. The People's Committee of the commune within the border district where the person requesting birth registration resides shall implement the birth registration.

2. The birth registration dossier includes: the birth registration form (according to the model issued together with this Circular) and the Birth Certificate (according to the prescribed model); in cases where there is no Birth Certificate, a declaration statement regarding the birth shall be submitted.

3. Within one working day from the date of receiving the complete dossier as stipulated in Clause 2 of this Article, the judicial civil servant - household registrar shall examine and check the dossier, compare it with the list already approved by the Head of the Vietnamese Border Delegation, if the information is found to be complete and valid, they shall record the birth details in the Birth Registration Book, issue the original Birth Certificate, report to the Chairman of the People's Committee of the commune for signature and issue the original Birth Certificate to the person registering the birth.

In cases of registering births out of wedlock, if the father cannot be identified, the section recording the father in the Birth Registration Book and the Birth Certificate shall remain blank. If at the time of birth registration, there is someone who acknowledges the child, then the People's Committee of the commune shall combine the acknowledgment process and the birth registration.

4. In cases of registering births for children born to Vietnamese citizens and Lao citizens, the nationality section in the child's Birth Certificate shall be recorded according to the written agreement of the parents; if the parents cannot agree on the choice of nationality for the child, Vietnamese nationality shall be recorded.

For individuals whose birth registration is not for a child, their nationality shall be determined based on the nationality information in the list already approved by the Head of the Vietnamese Border Delegation.

5. For individuals who have been granted Vietnamese nationality according to Article 5 of this Circular, if they request, they shall also be registered for birth according to the provisions of this Article and clearly record Vietnamese nationality in the Birth Registration Book and Birth Certificate.

Article 8. Marriage Registration

1. The People's Committee of the commune within the border district where the residence of both male and female parties is located shall register marriage for cases stipulated in Clause 1 and Clause 2 of Article 2 of this Circular.

Both male and female parties submit the Marriage Registration Form (according to the model issued together with this Circular) to the People's Committee of the commune.

2. Within one working day from the date of receiving the Marriage Registration Form, if all parties meet the conditions for marriage as stipulated by the Law on Marriage and Family, the judicial civil servant - household registrar shall record the marriage in the Marriage Registration Book, the Marriage Certificate, and report to the Chairman of the People's Committee of the commune for signature and issuance of the Marriage Certificate to both male and female parties.

3. When registering marriage, both male and female parties must be present and jointly sign the Marriage Registration Book and the Marriage Certificate with the judicial civil servant - household registrar; if they cannot write, they shall affix their fingerprints.

4. In cases requiring verification of the marriage conditions of both male and female parties, the resolution period shall not exceed three working days.

Chapter III

IMPLEMENTING PROVISIONS

Article 9. Effective Date

This Circular takes effect from May 16, 2015, and will cease to be effective when the Agreement terminates its effectiveness.

After this Circular ceases to be effective, if the processing of applications for Vietnamese nationality, birth registration, and marriage for the subjects specified in Article 2 of this Circular has not yet concluded, such processing shall continue under this Circular until completion. For applications for Vietnamese nationality, birth registration, and marriage arising after this Circular ceases to be effective, they shall be considered and processed according to the general provisions of the law.

Article 10. Responsibility for Implementation

The People's Committees at all levels in Dien Bien, Son La, Thanh Hoa, Nghe An, Ha Tinh, Quang Binh, Quang Tri, Thua Thien Hue, Quang Nam, Kon Tum provinces and related agencies are responsible for implementing this Circular. During implementation, if there are difficulties, relevant agencies, organizations, and individuals shall promptly reflect them to the Ministry of Justice for guidance.

During implementation, if there are difficulties, relevant agencies, organizations, and individuals shall promptly reflect them to the Ministry of Justice for guidance./.