Circular No. 09/1999/TT-BTP guiding the issuance of the Certificate of Not Having Vietnamese Nationality

CIRCULAR

Guidelines for Issuing Certificates of Not Having Vietnamese Nationality

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Pursuant to Decree No. 38/CP dated June 4, 1993 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Justice;

Pursuant to 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 Justice provides guidelines for issuing Certificates of Not Having Vietnamese Nationality as follows:

I. GENERAL PROVISIONS

1. The Certificate of Not Having Vietnamese Nationality shall be issued to foreign individuals residing in Vietnam on a permanent basis and those residing temporarily in Vietnam for six months or more (hereinafter referred to as foreign residents in Vietnam) upon their request, to certify that they have never had Vietnamese nationality.

2. The People's Committee of provinces and centrally governed cities (hereinafter collectively referred to as provincial People's Committees) where foreign residents in Vietnam reside shall have the authority to issue Certificates of Not Having Vietnamese Nationality.

3. When submitting an application for issuance of a Certificate of Not Having Vietnamese Nationality, the applicant must pay the fee.

The collection, payment, management, and utilization of the fee for issuing Certificates of Not Having Vietnamese Nationality shall be carried out in accordance with Circular Joint No. 08/1998/TTLT/BTC-BTP-BNG dated December 31, 1998 of the Ministry of Finance, the Ministry of Justice, and the Ministry of Foreign Affairs.

II. PROCEDURES AND PROCEDURAL STEPS FOR ISSUING CERTIFICATES OF NOT HAVING VIETNAMESE NATIONALITY

1. Individuals requesting issuance of a Certificate of Not Having Vietnamese Nationality must submit an application form prescribed by the Ministry of Justice, clearly stating the purpose of requesting the Certificate of Not Having Vietnamese Nationality. Accompanying the application for issuance of a Certificate of Not Having Vietnamese Nationality must be the following documents:

a) A certified copy of the passport or other valid substitute document of the applicant;

b) A copy or a certified copy of the birth certificate or other document certifying the date of birth of the applicant;

c) Documents certifying the nationality of the applicant's parents; if the documents specified in points a and b above do not contain such information.

d) A declaration from the applicant confirming that they have never been granted Vietnamese nationality. These documents, if issued by competent authorities of foreign countries, must be apostilled, translated into Vietnamese, and the translation must be legally certified.

2. In cases where parents apply for issuance of a Certificate of Not Having Vietnamese Nationality for their minor children under 15 years old, they must provide the documents specified in Section II.1.a, c of this Circular and a copy or a certified copy of the birth certificate of the child.

3. The application and accompanying documents specified in Sections II.1 and 2 of this Circular must be prepared in two sets and submitted to the Department of Justice where the applicant resides. When submitting the application, the applicant must present the original documents specified in Section II.1.a, b of this Circular for verification.

4. The procedure for handling the issuance of Certificates of Not Having Vietnamese Nationality shall be carried out as follows:

a) Within thirty days from the date of receipt of complete and valid applications and payment of fees, the Department of Justice must review the application and, if necessary, check the list of persons granted Vietnamese nationality.

If it is found that the application is complete, the statements, certifications, and documents of the applicant are true, and the applicant has never had Vietnamese nationality, the Department of Justice shall prepare a report for the Chairman of the Provincial People's Committee to consider and issue a Certificate of Not Having Vietnamese Nationality to the applicant.

Immediately after the Chairman of the provincial People's Committee signs the Certificate of Not Having Vietnamese Nationality, the Department of Justice must deliver or send the Certificate to the applicant. If there are complex circumstances requiring further investigation into the identity and nationality of the applicant, the Department of Justice shall send a letter to the provincial Public Security Bureau, along with one set of the application, for joint investigation.

In this case, the time limit mentioned above is sixty days.

b) In the event that the Chairman of the provincial People's Committee concludes that the applicant is not eligible for issuance of a Certificate of Not Having Vietnamese Nationality, the Department of Justice shall notify the applicant in writing. If the applicant disagrees with this conclusion, they have the right to appeal in accordance with the law on appeals.

c) Every three months, the Department of Justice shall report to the Ministry of Justice on the situation regarding the issuance of Certificates of Not Having Vietnamese Nationality (along with the issuance of Certificates of Having Vietnamese Nationality and Certificates of Loss of Vietnamese Nationality).

III. IMPLEMENTATION PROVISIONS

1. This Circular takes effect fifteen (15) days after its issuance.

2. During the implementation of this Circular, if there are any difficulties, the Departments of Justice shall promptly reflect them to the Ministry of Justice for further guidance./.