Joint Circular No. 08/1998/TTLT-BTC-BTP-BNG guiding the level of collection, payment, management, and use of fees for handling matters related to acquiring, reacquiring, renouncing Vietnamese nationality, and issuing Certificates of Vietnamese Nationality and Certificates of Loss of Vietnamese Nationality.

JOINT CIRCULAR

Guidelines for the collection, submission, management, and utilization of fees for handling applications to acquire, reacquire, renounce Vietnamese nationality, and issue Certificates of Vietnamese Nationality and Certificates of Loss of Vietnamese Nationality.

 returning, renouncing Vietnamese nationality and issuing Certificates of Vietnamese Nationality, Certificates of Loss of Vietnamese Nationality

Vietnamese Nationality

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Pursuant to Article 6 of Decree No. 104/1998/NĐ-CP dated December 31, 1998 of the Government detailing and guiding the implementation of the Law on Vietnamese Nationality;

The Ministry of Finance, the Ministry of Justice, and the Ministry of Foreign Affairs provide guidelines for the collection, submission, management, and utilization of fees for handling applications to acquire, reacquire, renounce Vietnamese nationality, and issue Certificates of Vietnamese NationalITY and Certificates of Loss of Vietnamese Nationality as follows:

I. OBJECTS OF PAYMENT AND EXEMPTION FROM PAYMENT.

1. Vietnamese citizens and foreigners when submitting applications to acquire, reacquire, renounce Vietnamese nationality, and request issuance of Certificates of Vietnamese Nationality and Certificates of Loss of Vietnamese Nationality must pay a fee according to the rates specified in Section II.A of this Circular (hereinafter referred to as the Circular).

2. The following subjects are exempt from paying the application fee for acquiring or reacquiring Vietnamese nationality:

a) Persons who have made contributions to the cause of building and defending the Socialist Republic of Vietnam;

b) Persons whose acquisition or reacquisition of Vietnamese nationality would be beneficial to the Socialist Republic of Vietnam.

II. COLLECTION RATES AND COLLECTING AUTHORITIES

A/ THE COLLECTION RATES ARE AS FOLLOWS:

1. Acquisition of Vietnamese nationality: 2,000,000 VND;

2. Reacquisition of Vietnamese nationality: 2,000,000 VND;

3. Renunciation of Vietnamese nationality: 2,000,000 VND;

4. Issuance of Certificate of Vietnamese Nationality: 500,000 VND;

5. Issuance of Certificate of Loss of Vietnamese Nationality: 500,000 VND;

The collection rate specified in Section II.A.5 of this Circular also applies to the issuance of Certificates of Non-Vietnamese Nationality.

B/ COLLECTING AUTHORITIES:

- Fees for acquisition, reacquisition, renunciation of Vietnamese nationality, and issuance of Certificates of Vietnamese Nationality, Certificates of Loss of Vietnamese Nationality, and Certificates of Non-Vietnamese Nationality are state budget revenues collected by the Department of Justice of provinces and centrally-administered cities and diplomatic missions and consular offices of Vietnam abroad (hereinafter referred to as collecting authorities) upon receipt of applicants' files.

- Within the country, collecting authorities collect fees in Vietnamese currency; if applicants pay in foreign currency, it will be converted at the exchange rate published by the State Bank of Vietnam at the time of payment.

- Abroad, based on the collection rates specified in Section A above, collecting authorities determine the collection amount in US dollars and round up to the nearest whole number.

III. MANAGEMENT AND USE OF REVENUES:

1. When collecting fees, collecting authorities must use invoices and receipts issued uniformly by the Ministry of Finance (General Taxation Department) and maintain records of collection, submission, and utilization of fees; annually, they must prepare final accounts reports in accordance with current regulations.

2. Collecting authorities may retain 10% of the total collected fees to supplement operating funds (considered as supplementary funds from the state budget) for reviewing and verifying applications and covering other related expenses for handling applications to acquire, reacquire, renounce Vietnamese nationality, and request issuance of Certificates of Vietnamese Nationality, Certificates of Loss of Vietnamese Nationality, and Certificates of Non-Vietnamese Nationality. At year-end, collecting authorities must report on the use of these funds to the financial authority in their annual final accounts report. Any remaining funds not utilized by December 31 must be submitted to the state budget.

3. The remaining amount (90%) after retaining the portion specified in Point 2 of Section III of this Circular, collecting authorities must submit to the state budget as follows:

- Within the country, it should be deposited into Item 046 "administrative fees" under Subitem 15 corresponding to the collecting authority's chapter, type, and category. The deadline for collecting authorities to deposit the aforementioned amount is within the first five days of the following month, but no later than the end of the month before.

- Abroad, it should be deposited into the temporary holding fund of the state budget in accordance with Circular No. 11-TC/TCĐN dated April 20, 1992 of the Ministry of Finance regarding the management of temporary holding funds of the state budget at diplomatic missions abroad.

IV. IMPLEMENTATION PROVISIONS:

1. If market prices increase by 20% or more compared to the time this Circular was issued, the Ministry of Finance shall coordinate with the Ministry of Justice and the Ministry of Foreign Affairs to adjust the collection rates specified in Section II.A of this Circular.

2. This Circular takes effect from January 1, 1999.

During the implementation of this Circular, if there are any difficulties, collecting authorities must promptly report them to the Ministry of Finance, the Ministry of Justice, and the Ministry of Foreign Affairs for consideration and resolution./.