Joint Circular No. 05/2009/TTLT-BCA-BNG guides the procedures for Vietnamese citizens residing abroad to register permanent residence in Vietnam.

JOINT CIRCULAR

Guidelines for procedures to process applications for permanent residence registration in Vietnam from Vietnamese citizens residing abroad

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

Pursuant to Decree No. 107/2007/NĐ-CP dated June 25, 2007, issued by the Government, detailing and guiding the implementation of certain provisions of the Law on Residence;

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

Pursuant to Directive No. 19/2008/CT-TTg dated June 6, 2008, issued by the Prime Minister, regarding continued efforts to implement the Government's program of work with overseas Vietnamese;

The Ministry of Public Security and the Ministry of Foreign Affairs provide guidelines for procedures to process applications for permanent residence registration in Vietnam from Vietnamese citizens residing abroad (hereinafter referred to as Overseas Vietnamese Citizens - OVC) as follows:

I. OBJECTS AND SCOPE OF APPLICATION

1. These Circulars apply to OVC holding passports or travel documents issued by foreign countries that are still valid (collectively referred to as foreign passports) who return to Vietnam to register for permanent residence.

2. OVC without foreign passports, if they have permanent residence certificates issued by foreign countries, shall also be subject to these Circulars.

3. OVC holding valid Vietnamese passports shall be processed for permanent residence registration in Vietnam according to paragraph b, point 1, Section II of Circular No. 06/2007/TT-BCA-C11 dated July 1, 2007, issued by the Ministry of Public Security.

4. The following cases are not within the scope of application of these Circulars:

- Persons who have renounced Vietnamese citizenship. If they wish to apply for permanent residence in Vietnam, they must follow the procedures to regain Vietnamese citizenship as stipulated by Vietnamese law.

- Persons who fall under the category of "not allowed entry into Vietnam" as provided for in Clause 1, Article 8 of the Ordinance on Entry, Exit, Stay of Foreigners in Vietnam 2000.

II. PROCEDURES FOR PROCESSING PERMANENT RESIDENCE REGISTRATION FOR OVC RETURNING TO VIETNAM

A. THE APPLICATION FILE FOR PERMANENT RESIDENCE REGISTRATION IN VIETNAM SHALL BE COMPOSED OF TWO SETS, EACH CONTAINING THE FOLLOWING DOCUMENTS:

1. Application form for permanent residence registration in Vietnam (according to the prescribed format);

2. Copy of foreign passport or permanent residence certificate issued by a foreign country (or original copy for verification purposes);

3. Copy of one of the following documents proving Vietnamese nationality:

- Birth certificate; if the birth certificate does not clearly indicate Vietnamese nationality, it must be accompanied by documents proving the nationality of the parents;

- Identity card;

- Vietnamese passport;

- Decision to restore Vietnamese nationality, decision recognizing adoption of Vietnamese children by foreigners, decision allowing foreigners to adopt Vietnamese children;

- Other documents issued by competent Vietnamese authorities confirming the applicant's retention of Vietnamese nationality as stipulated by Vietnamese laws on nationality.

4. Three recent photographs measuring 4x6 cm, white background, facing forward, bareheaded, without tinted glasses (two attached to the application form and one separate);

5. One of the following documents proving legal residence in Vietnam:

5.1. For those who own property in Vietnam:

Copy of one of the following documents proving legal ownership (or original copy for verification purposes) such as: Certificate of Ownership of Housing; documents on purchase, sale, gift, exchange, inheritance of housing; Contract for purchasing housing or documents proving the handover and acceptance of housing from enterprises engaged in housing construction and sale; court or administrative authority decisions allowing ownership of housing which have taken effect.

5.2. For those who reside legally through renting, borrowing, or staying with individuals:

- Copy of the lease, loan, or stay agreement with an individual (or original copy for verification purposes);

- Written proof showing the landlord's consent for the applicant to register permanent residence;

- Copy of documents proving the landlord's ownership of the property (or original copy for verification purposes).

6. For OVC applying for permanent residence in provincial-level cities other than the capital city, in addition to the above documents in the file, there must be one of the following documents proving eligibility for permanent residence registration in provincial-level cities (as stipulated in Clause 1, 2, and 4 of Article 20 of the Law on Residence):

6.1. For OVC with legal residence, one of the following documents must prove continuous temporary residence in that city for at least one year:

- Documents on temporary residence permits or confirmation from the police station, commune, ward about the duration of temporary residence;

- Temporary residence book or confirmation from the police station, commune, ward about the time of temporary residence registration

6.2. For OVC whose relatives agree to include them in their household registration books, one of the following documents must prove the blood relationship between the two parties:

- Wife living with husband; husband living with wife; child living with father, mother; father, mother living with child;

- Elderly person retiring or disabled transferring to live with siblings;

- Disabled person, unemployed person, mentally ill person or other person unable to recognize or control their behavior living with siblings, aunts, uncles, cousins, guardians;

- Unmarried minor without parents or with parents but parents unable to support them living with grandparents, siblings, aunts, uncles, cousins, guardians;

- Unmarried minor living with grandparents;

In case there are no documents proving the blood relationship mentioned above, the guarantor must submit a statement and obtain confirmation from the People's Committee of the commune where the guarantor has permanent residence.

6.3. Documents proving that OVC previously registered for permanent residence in a provincial-level city and now return to live legally in that city.

7. For CDVNĐCNN requesting permanent residence registration at religious facilities in Vietnam and engaging in religious activities, the application must include a written opinion from the head of the religious facility agreeing to their permanent residence registration, accompanied by documentation proving they are a religious dignitary, monk, or person professionally engaged in religious activities as stipulated by laws on belief and religion, and a written opinion from the competent authority in Vietnam regarding religious affairs approving their return to Vietnam for religious activities.

B. PLACE OF SUBMISSION AND FEES:

1. CDVNĐCNN requesting permanent residence in Vietnam shall submit their application to one of the following authorities:

- The Vietnamese representative office where the applicant resides;

- The Immigration Management Department under the Ministry of Public Security or the Provincial Police Immigration Management Office under the Central City Police Department where the applicant requests to reside permanently.

2. Persons granted permission for permanent residence in Vietnam must pay the fee as prescribed by the Ministry of Finance.

C. RESPONSIBILITIES OF COMPETENT AUTHORITIES AND PERSONS REQUESTING PERMANENT RESIDENCE IN VIETNAM

1. Vietnamese representative offices abroad have the responsibility:

- To guide procedures and accept applications from persons requesting permanent residence in Vietnam. Within ten working days from the date of receiving complete and valid applications, they must send one set of original documents along with comments to the Immigration Management Department.

- Within five working days from the date of receiving a written notification from the Immigration Management Department (granting permission for permanent residence in Vietnam or reasons for not granting permission), the Vietnamese representative office must notify the applicant in writing of the result.

- To issue re-entry permits for those permitted to return for permanent residence in Vietnam. Re-entry permits are issued individually, valid for twelve months from the date of issuance and cannot be extended.

2. The Immigration Management Department has the responsibility:

- Within sixty days from the date of receiving complete and valid applications (received domestically or transferred by Vietnamese representative offices abroad), it must complete the examination and resolution process for CDVNĐCNN requesting permanent residence in Vietnam.

- To notify the results of the resolution to Vietnamese representative offices and relevant authorities of the Ministry of Foreign Affairs (if the application was submitted abroad); provincial police departments, relevant authorities of the Ministry of Foreign Affairs, and relatives of the applicant (if the application was submitted domestically). In cases where the applicant is temporarily residing in Vietnam, the written notification of approval for permanent residence from the Immigration Management Department sent to the relatives of the applicant serves as a substitute for the re-entry permit.

- During the examination and resolution process, including after CDVNĐCNN have registered for permanent residence in Vietnam, if fraudulent behavior is discovered to obtain a re-entry permit, the Immigration Management Department must review again, and depending on the nature and severity of the violation, handle it according to Vietnamese law or transfer it to the competent authority for handling.

3. Provincial police departments have the responsibility:

- Within thirty working days from the date of receiving complete and valid applications, the provincial police department must send the application along with comments to the Immigration Management Department.

- To guide necessary procedures and facilitate CDVNĐCNN in making formalities for permanent residence registration in Vietnam.

4. Responsibilities of CDVNĐCNN requesting permanent residence in Vietnam:

- To truthfully declare their background, activity history, and purpose of requesting permanent residence in Vietnam.

- Persons granted permission for permanent residence in Vietnam must pay the fee as prescribed by the Ministry of Finance.

- To submit a valid application as prescribed in this Circular.

- After receiving the notification, persons granted permission for permanent residence in Vietnam need to contact the Vietnamese representative office to collect the re-entry permit within twelve months. Upon returning to the country, they must immediately contact the provincial police department where they requested permanent residence to make formalities for permanent residence registration as prescribed.

- In cases where CDVNĐCNN fail to collect the re-entry permit within twelve months or have not completed the permanent residence registration formalities (for those who submitted applications domestically) beyond that period:

+ If the deadline is exceeded but not more than twenty-four months, they must submit two new application forms for re-entry permits (according to the model) and two recent 4x6 cm photos.

+ If the deadline exceeds twenty-four months, they must resubmit a new application for permanent residence in Vietnam as in the initial procedure.

- CDVNĐCNN who have registered for permanent residence in Vietnam, if they need to enter and exit Vietnam, must apply for a Vietnamese passport to be used like a resident citizen in Vietnam, and may not use foreign passports or residency documents issued by foreign countries for entering and exiting Vietnam.

III. IMPLEMENTATION

1. Based on Article 27 of Decree No. 136/2007/NĐ-CP dated August 17, 2007 of the Government on the departure and entry of Vietnamese citizens, the Director of the Immigration Management Department issues the following types of documents after consulting with the Consular Department Director:

- Model re-entry permit;

- Application form for permanent residence in Vietnam;

- Model notification of the result of granting CDVNĐCNN permission for permanent residence in Vietnam.

2. The Immigration Management Department is responsible for guiding immigration management units of provincial police departments to implement this Circular.

3. The Consular Department is responsible for guiding Vietnamese representative offices abroad to implement this Circular.

4. This Circular takes effect forty-five days from the date of issuance and replaces the following documents:

- Joint Circular No. 06/TT-LT dated January 29, 1997 of the Ministry of Home Affairs (now the Ministry of Public Security) and the Ministry of Foreign Affairs guiding the implementation of Decision No. 875/TTg dated November 21, 1996 of the Prime Minister on resolving the return of CDVNĐCNN to Vietnam;

- Joint Circular No. 04/2005/TTLT-BCA-BNG dated November 28, 2005 of the Ministry of Public Security and the Ministry of Foreign Affairs amending and supplementing Joint Circular No. 06/TT-LT dated January 29, 1997 of the Ministry of Home Affairs (now the Ministry of Public Security) and the Ministry of Foreign Affairs./.