This Circular guides the implementation of Decision No. 875/TTg on the settlement for Vietnamese citizens residing abroad (VCRA) returning to Vietnam, specifying conditions, procedures for establishing return application files, and responsibilities of relevant agencies. Notably, it clearly defines the conditions for VCRA to be considered for return, the submission process, and file processing.
적용 범위
Vietnamese citizens residing abroad (VCRA) wishing to return to Vietnam.
핵심 사항
- VCRA → must have Vietnamese nationality or have registered as a citizen with the Vietnamese Representative Office abroad, ensure a living standard after return, and be guaranteed accommodation and financial support by the sponsor (if any), as stated in the sponsorship letter.
- Return application file → includes two sets of files, each set comprising: Application for return, passport or substitute travel document, photograph affixed to the application form, and other related documents.
- Re-entry Permit → issued to VCRA for entry into Vietnam upon approval of return, without the need to present a passport.
- The Vietnamese Representative Office abroad → carries out registration procedures and confirms registration status according to guidelines from the Ministry of Foreign Affairs, and issues the Re-entry Permit.
- The Ministry of Public Security (Department of Population Management) → notifies relevant agencies of the results of the examination and resolution of return application files, re-examines if fraudulent activities are detected.
🌐 이 문서의 사회적 영향
- Positive impact: Facilitates VCRA in returning to Vietnam and settling down more easily.
- Negative impact: May cause difficulties for those who do not meet the required conditions for return application, leading to psychological and financial burdens.
❓ 자주 묻는 질문
What documents does VCRA need to prepare when applying for return?
The file includes two sets of files: Application for return, passport or substitute travel document, photograph affixed to the application form, and other related documents.
What conditions must VCRA meet to be considered for return?
Must have Vietnamese nationality or have registered as a citizen with the Vietnamese Representative Office abroad, ensure a living standard after return, and be guaranteed accommodation and financial support by the sponsor (if any), as stated in the sponsorship letter.
What is the purpose of the Re-entry Permit?
The Re-entry Permit is issued to VCRA for entry into Vietnam upon approval of return, without the need to present a passport.
Which agency is responsible for re-examining if fraudulent activities are detected?
The Ministry of Public Security is responsible for re-examining and handling according to Vietnamese law if fraudulent activities are detected.
What will happen to VCRA who have returned but do not meet the required conditions?
If fraudulent activities are discovered after VCRA has returned, the Ministry of Public Security is responsible for re-examining and handling according to Vietnamese law.
전문
JOINT CIRCULAR
Guidelines for Implementing Decision No. 875/TTg dated November 21, 1996 of the Prime Minister
On November 21, 1996, the Prime Minister issued Decision No. 875/TTg on the settlement of Vietnamese citizens residing abroad (hereinafter referred to as CDVNĐCNN) returning to Vietnam.The Ministry of Interior and the Ministry of Foreign Affairs provide detailed guidance on conditions and procedures for establishing return home applications and the responsibilities of competent authorities in examining and settling such applications as follows:
I. REGARDING CONDITIONS FOR CONSIDERATION OF RETURN HOME
(ARTICLE 2 CLAUSE 1, 3, 4 DECISION 875/TT)g)
1. The condition "Having Vietnamese nationality" (as stipulated in Clause 1, Article 2) includes the following two cases:
Holding a valid Vietnamese passport or a document with equivalent value to a passport issued by a competent authority of the Socialist Republic of Vietnam.
Not holding a Vietnamese passport but possessing a foreign passport or a document with equivalent value to that foreign passport without having lost Vietnamese nationality and registered as a citizen at a Vietnamese Representative Office abroad.
2. The condition "Ensuring a living after returning home" (as stipulated in Clause 3, Article 2) includes:
Ensuring legal residence: the applicant must provide evidence and clearly state in the application form about their financial capability to purchase housing after returning home, or the guarantor must clearly state in the guarantee letter about ensuring accommodation after returning home.
Ensuring the ability to maintain a living after returning home: the applicant must provide evidence and clearly state in the application form about sources of livelihood or plans to seek employment after returning home, or the guarantor must clearly state in the guarantee letter about providing financial support and maintenance after returning home.
3. Guarantee conditions (as stipulated in Clause 4, Article 2):
a. For applicants returning home under the sponsorship of a Vietnamese agency:
The sponsoring Vietnamese agency must issue a written statement affirming that the applicant has investment capital or a feasible project in Vietnam; has a high level of education (above university) or a high skill level accepted for work and will be assigned a position commensurate with their educational qualifications and skills.
b. For applicants returning home under the sponsorship of relatives:
Must ensure compliance with the conditions set forth in Clause 4b, Article 2 of Decision 875/TTg, and the sponsor must not have lost or been restricted from exercising civil rights, and must have kinship relations with the sponsored person, including: spousal relationship; parent-child relationship; grandparent-grandchild relationship; sibling relationship; aunt-uncle-cousin relationship.
II. APPLICATIONS FOR RETURN HOME (AS STATED IN CLAUSE 1, ARTICLE 2 DECISION 875/TT)g)
Each applicant must prepare two sets of return home applications, each set comprising:
1. A return home application form HH1 (attached); fill out all columns accurately and in detail.
2. Copies of passports or documents with equivalent value to passports. In cases where the applicant holds both Vietnamese and foreign passports, an additional written confirmation from a Vietnamese Representative Office abroad regarding registration as a citizen is required.
3. Three new 4x6 cm photos, two to be affixed to the application form, one to be marked with full name (on the back) for issuance of travel documents (if approved for return).
4. Other relevant documents related to the application for return, specifically:
a. For applicants returning home under the sponsorship of relatives:
A relative's sponsorship letter form HH2 (attached), filled out completely and accurately, and verified by the People's Committee of the ward (or commune) where the sponsor resides.
Documents proving or explaining kinship relations with the sponsor. If it is an explanatory letter, verification by the People's Committee of the ward (or commune) where the sponsor resides is required.
Documents proving the ability to ensure a living after returning home.
b. For applicants returning home under the sponsorship of a Vietnamese agency:
The content of the sponsorship letter (signed and stamped) by the head of the agency as stated in Clause 4a, Article 2 of Decision 875/TTg must meet the requirements set forth in Point 3a, Section I above.
III. REGARDING RETURN HOME TRAVEL DOCUMENTS (AS STATED IN ARTICLE 6 DECISION 875/TT)g)
Return Home Travel Documents (form HH3 attached) are issued to CDVNĐCNN who are permitted to return home to replace passports and visas when entering Vietnam (returnees do not need to present passports upon entry). If using the Return Home Travel Document beyond its validity period for entry, they will be denied entry, and must reapply for a return home application.
IV. REGARDING THE RESPONSIBILITIES OF COMPETENT AUTHORITIES (AS STATED IN ARTICLE 5 DECISION 875/TT)g)
1. For Vietnamese Representative Offices Abroad:
In addition to the responsibilities stated in Point 1, Article 5 of Decision 875/TTg, the Representative Office shall carry out procedures for registering citizens and confirming registration according to guidelines from the Ministry of Foreign Affairs.
When issuing Return Home Travel Documents, all columns must be fully and specifically filled out, including permanent address (clearly stating house number, street name, ward, commune, district, province, city), the photo affixed in the document must bear a border stamp and protective measures as prescribed for passports.
2. For the Ministry of Interior (Overseas Vietnamese Management Bureau):
Notify the results of examination and resolution of return home applications to Vietnamese Representative Offices abroad, the Ministry of Foreign Affairs (Committee for Overseas Vietnamese), and provincial public security departments for applications submitted to Vietnamese Representative Offices abroad. For applications submitted within the country, in addition to the aforementioned agencies, notify the guarantor or the returnee.
During the examination and resolution process, including after CDVNĐCNN have returned home, if fraudulent behavior by the applicant or related individuals or organizations is discovered to obtain permission to return, the Ministry of Interior shall be responsible for re-examination, and depending on the nature and severity of the violation, handle it or transfer it to the competent authority for handling according to Vietnamese law.
3. For Public Security Departments of provinces and centrally-administered cities:
If the applicant is temporarily residing in the locality and the Ministry of Interior notifies non-approval of the return home application, they must be required to leave the country within the duration of their temporary stay; if they refuse to leave, coercive measures may be taken or they may be handled according to Vietnamese law.
When the Consolidated Document on the Repatriation of Overseas Vietnamese Nationals has repatriated the provincial police, they shall collect the Repatriation Permit, guide necessary procedures, and facilitate their registration for permanent residence and issuance of Identity Cards. In cases where there are foreign passports, such passports shall be deemed invalid for use, and the provincial police shall not confiscate them nor process any procedures related to those passports.
This Circular replaces Circular No. 05/LB dated July 23, 1994, of the Joint Ministry of Interior - Ministry of Foreign Affairs - Central Committee for Overseas Vietnamese Affairs and shall take effect fifteen days after the date of signature./.
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