Joint Circular No. 05/2013/TTLT-BTP-BNG-BCA amends and supplements Article 13 of the Joint Circular No. 05/2010/TTLT-BTP-BNG-BCA dated March 1, 2010 issued by the Ministry of Justice, the Ministry of Foreign Affairs, and the Ministry of Public Security guiding the implementation of 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.

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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. 78/2009/NĐ-CP dated September 22, 2009 of the Government detailing and guiding the implementation of certain provisions of the Law on Vietnamese Citizenship;Deputy ministers of ministerial-level agencies,Pursuant to Decree No. 77/2009/NĐ-CP dated September 15, 2009 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

Pursuant to Decree No. 93/2008/NĐ-CP dated August 22, 2008, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

Based on Decree No. 15/2008/NĐ-CP dated February 4, 2008, issued by the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Foreign Affairs;

The Ministry of Justice, the Ministry of Foreign Affairs, and the Ministry of Public Security hereby agree as follows.;

Amending and supplementing Article 13 of the Joint Circular No. 05/2010/TTLT-BTP-BNG-BCA dated March 1, 2010 of the Ministry of Justice, the Ministry of Foreign Affairs, and the Ministry of Public Security guiding the implementation of 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 Citizenship, specifically:

Article 1. "1. Issuing Certificate of Having Vietnamese Citizenship

a) When there is a need to confirm having Vietnamese citizenship, the applicant may submit the application directly or send it via postal service to the Vietnamese representative office abroad where the applicant resides (in case there is no Vietnamese representative office in that country, the application should be submitted to the designated representative office or the most convenient representative office) or the Department of Justice where the applicant resides.
- Application for confirmation of having Vietnamese citizenship (according to form TP/QT-2013-TKXNCQTVN) with two 4x6 photos;
b) The application for confirmation of Vietnamese nationality includes:

- A copy of identity card, passport, or other equivalent documents; - A copy with original for verification or a certified copy of one of the documents prescribed in Article 11 of the Law on Vietnamese Citizenship 2008 or similar documents issued by the previous authority, including birth certificates without nationality section or with blank nationality section if they bear Vietnamese names (applicant's name, father's name, mother's name);

- Declaration of criminal record and other documents specified in Clause 1 of Article 10 of the Joint Circular No. 05/2010/TTLT-BTP-BNG-BCA in cases where there are no documents proving citizenship as mentioned above.

In cases where there are sufficient grounds to determine Vietnamese citizenship:
c) Handling by the Vietnamese representative office abroad, the Department of Justice:

The Vietnamese representative office abroad or the Department of Justice shall proactively check and verify the list of those who have renounced or had their Vietnamese citizenship revoked. If it is confirmed that the applicant has Vietnamese citizenship, within five working days from receipt of the application, the Vietnamese representative office abroad or the Department of Justice will examine and issue the Certificate of Having Vietnamese Citizenship (according to form TP/QT-2013-GXNCQTVN);

+ The Vietnamese representative office abroad will conduct procedures to verify Vietnamese citizenship according to the provisions of Article 10 of the Joint Circular No. 05/2010/TTLT-BTP-BNG-BCA (for applications submitted at the representative office).

+ The Vietnamese representative office abroad shall conduct procedures to verify Vietnamese nationality according to Article 10 of Circular Joint No. 05/2010/TTLT/BTP-BNG-BCA (for cases where the application is submitted to the representative office).

+ The Department of Justice shall request the Ministry of Justice and the provincial public security agency where the applicant resides or their last place of residence in Vietnam to conduct verification (for cases where the application is submitted to the Department of Justice).

+ The Department of Justice will request the Ministry of Justice and the provincial public security agency where the applicant currently resides or the last place of residence in Vietnam to conduct verification (for applications submitted at the Department of Justice).

- In cases where there is doubt about the authenticity of the documents in the application, the Vietnamese representative office abroad or the Department of Justice will request relevant agencies and organizations to search, check, and verify;

Within ten working days from receipt of the request for searching, checking, and verifying, the Ministry of Justice or the relevant agency or organization will provide a written response. Within five working days from receipt of the results of searching, checking, and verifying, the Vietnamese representative office abroad or the Department of Justice will examine and issue the Certificate of Having Vietnamese Citizenship (according to form TP/QT-2013-GXNCQTVN) if it is determined that the applicant has Vietnamese citizenship.

- In cases where, after conducting searches, checks, and verifications, there are still insufficient grounds to determine that the applicant has Vietnamese citizenship, the receiving agency will notify the applicant in writing.

a) When there is a need to confirm being of Vietnamese origin, the applicant may submit the application directly or send it via postal service to the Vietnamese representative office abroad where the applicant resides (in case there is no Vietnamese representative office in that country, the application should be submitted to the designated representative office or the most convenient representative office) or the State Committee for Overseas Vietnamese Affairs under the Ministry of Foreign Affairs or the Department of Justice where the applicant resides.
b) The application for confirmation as a person of Vietnamese origin includes:
- Application for confirmation of being of Vietnamese origin (according to form TP/QT-2013-TKXNLNGVN; with two 4x6 photos;
- A copy accompanied by the original for verification or a certified copy of documents proving that the person was once a Vietnamese national when born with

- A copy with original for verification or a certified copy of documents proving that the person was once a Vietnamese citizen when born, or had a parent, grandparent, or great-grandparent who was a Vietnamese citizen by bloodline;

- A copy of identity card, passport, or other equivalent documents;

+ Personal, household registration, and nationality documents as specified in Clause 2 of Article 9 of the Joint Circular No. 05/2010/TTLT-BTP-BNG-BCA (a copy with original for verification or a certified copy);

TP/QT-2013-GXNLNGVN).

- Within five working days from receipt of the complete application for confirmation of being of Vietnamese origin, the Vietnamese representative office abroad, the State Committee for Overseas Vietnamese Affairs, or the Department of Justice will examine the documents presented by the applicant and check and verify related databases and documents concerning nationality (if available). If it is found that there are sufficient grounds to determine that the person has Vietnamese origins, they will issue the Certificate of Being of Vietnamese Origin (according to form TP/QT-2013-GXNLNGVN) to the applicant.

+ Documents issued by a competent authority abroad indicating Vietnamese nationality or Vietnamese origin nationality (a copy accompanied by the original for verification or a certified copy).

- Within five working days from the date of receipt of the complete application file requesting confirmation as a person of Vietnamese origin, the representative office of Vietnam abroad, the State Committee for Vietnamese Abroad, or the Department of Justice shall examine the documents presented by the applicant and verify and compare relevant nationality-related records (if any). If it is found that there are sufficient grounds to determine that the person has Vietnamese origin, they shall issue a Certificate of Vietnamese Origin (Form TP/QT-2013-GXNLNGVN).

Is a person of Vietnamese origin.
c) Handling by the Vietnamese representative office abroad, the Department of Justice:

- Application for confirmation of having Vietnamese citizenship, form: TP/QT-2013-TKXNCQTVN:

- In case there is insufficient basis to determine that the person requesting is a Vietnamese national, the agency receiving the file shall notify such person in writing.
3. Accompanying this Circular are four types of forms for issuing Certificates of Vietnamese nationality and Certificates of Vietnamese origin:

- Certificate of Being of Vietnamese Origin, form: TP/QT-2013-GXNLNGVN."

- Application for Certificate of Vietnamese origin, model: TP/QT-2013-TKXNLNGVN;

- Certificate of Vietnamese nationality, model: TP/QT-2013-GXNCQTVN;

This joint circular takes effect from March 16, 2013.

Article 2. Effective Date

During its implementation, if any difficulties arise, state agencies, organizations, and individuals should report to the Ministry of Justice for timely guidance in coordination with the Ministry of Foreign Affairs and the Ministry of Public Security.

DEPUTY MINISTER OF FOREIGN AFFAIRS