Decree No. 104/1998/ND-CP detailing and guiding the implementation of the Law on Vietnamese Citizenship

DECREE

Detailed regulations and guidance for implementing the Law on Vietnamese Citizenship

________________

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

Based on the Law on Vietnamese Citizenship number 07/1998/QH10 dated May 20, 1998;

At the proposal of the Minister of Justice,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Application

This Decree provides detailed regulations and guidance for implementing certain provisions of the Law on Vietnamese Citizenship and sets forth procedures and processes for applications to acquire, reacquire, renounce Vietnamese citizenship, issuance of Certificates of Vietnamese Citizenship, Certificates of Loss of Vietnamese Citizenship, and cancellation of Decisions to grant Vietnamese citizenship, deprivation of Vietnamese citizenship.

Article 2. Responsibilities of the Ministry of Justice regarding citizenship

The Ministry of Justice assists the Government in managing state administration concerning Vietnamese citizenship and has the following tasks and powers:

1. Drafting and submitting to competent state agencies for promulgation legal normative documents on Vietnamese citizenship and issuing such documents within its authority to guide implementation of these legal normative documents;

2. Guiding provincial people's committees, coordinating with and through the Ministry of Foreign Affairs to guide diplomatic missions and consular posts of Vietnam abroad (hereinafter referred to as Vietnamese diplomatic and consular missions) in handling matters related to Vietnamese citizenship;

3. Organizing and directing the dissemination and education of laws on Vietnamese citizenship;

4. Implementing national statistics on Vietnamese citizenship;

5. Issuing and uniformly managing forms and records related to Vietnamese citizenship;

6. Inspecting, supervising, and resolving complaints and denunciations within its authority related to the handling of matters concerning Vietnamese citizenship;

7. Cooperating with the Ministry of Foreign Affairs to propose the signing of international treaties on citizenship or related to citizenship; implementing international cooperation in the field of citizenship.

Article 3. Responsibilities of Ministries, ministerial-level agencies, and government agencies regarding citizenship

1. Ministries, ministerial-level agencies, and government agencies within their respective functions and powers shall be responsible for coordinating with the Ministry of Justice to implement tasks and powers concerning Vietnamese citizenship as stipulated in this Decree and other legal provisions.

2. The Ministry of Foreign Affairs and the Ministry of Public Security shall be responsible for directing and guiding subordinate agencies in handling matters related to Vietnamese citizenship according to the procedures and processes prescribed in this Decree.

Article 4. Responsibilities of provincial people's committees, Vietnamese diplomatic and consular missions regarding citizenship

1. Provincial people's committees shall be responsible for receiving, examining, and proposing decisions on applications to acquire, reacquire, renounce Vietnamese citizenship; examining and issuing Certificates of Vietnamese Citizenship, Certificates of Loss of Vietnamese Citizenship; examining and recommending cancellation of Decisions to grant Vietnamese citizenship, deprivation of Vietnamese citizenship.

The Department of Justice assists provincial people's committees in performing the functions and duties specified in this clause.

2. Vietnamese diplomatic and consular missions shall be responsible for receiving, examining, and proposing decisions on applications to reacquire, renounce Vietnamese citizenship; examining and issuing Certificates of Vietnamese Citizenship, Certificates of Loss of Vietnamese Citizenship; examining and recommending cancellation of Decisions to grant Vietnamese citizenship, deprivation of Vietnamese citizenship.

Vietnamese diplomatic and consular missions shall be responsible for receiving, examining, and proposing decisions on applications to acquire Vietnamese citizenship in individual cases as provided for in point b, Clause 1, Article 9 of this Decree.

Article 5. Value of documents issued or certified by foreign authorities

Documents accompanying applications to resolve matters related to Vietnamese citizenship that are issued or certified by authorized foreign authorities must be apostilled; documents in foreign languages must be translated into Vietnamese, and the translation must be notarized in accordance with Vietnamese law.

Article 6. Submission of application materials and fees

1. Applicants seeking to acquire, reacquire, renounce Vietnamese citizenship, or requesting issuance of Certificates of Vietnamese Citizenship, Certificates of Loss of Vietnamese Citizenship, if residing within the country, shall submit their applications at the Department of Justice where they reside; if residing abroad, they shall submit their applications at Vietnamese diplomatic and consular missions within their jurisdiction.

2. When submitting applications to resolve matters related to Vietnamese citizenship as stipulated in Clause 1 of this Article, applicants must pay the fee. The level of collection and management and use of the fee shall be jointly regulated by the Minister of Finance, the Minister of Justice, and the Minister of Foreign Affairs.

Applicants seeking to acquire or reacquire Vietnamese citizenship who have made meritorious contributions to the cause of building and defending the Socialist Republic of Vietnam or are beneficial to the development of the economy, society, science, and national defense of the Socialist Republic of Vietnam shall be exempt from paying the fee.

Article 7. apply international treaties

In cases where international treaties signed or acceded to by the Socialist Republic of Vietnam provide differently from the provisions of this Decree, the provisions of those international treaties shall apply.

Chapter II

PROCEDURES AND PROCESSES FOR RESOLVING MATTERS RELATED TO VIETNAMESE CITIZENSHIP

 MATTERS RELATED TO VIETNAMESE CITIZENSHIP

Section 1

ACQUIRING VIETNAMESE CITIZENSHIP

Article 8Application materials for acquiring Vietnamese citizenship

1. Foreign nationals applying for Vietnamese citizenship must submit an application form as prescribed by the Ministry of Justice. Accompanying the application for Vietnamese citizenship must be the following documents:

a) A copy of the Birth Certificate or other equivalent documents, including those of minor children, if simultaneously applying for them;

b) A personal history statement as prescribed by the Ministry of Justice;

c) A certificate of criminal record issued by the competent authority in Vietnam where the applicant usually resides; if the applicant does not usually reside in Vietnam, then a certificate of criminal record issued by the competent authority in the country where the applicant is a citizen or usually resides must be submitted;

d) A certificate of Vietnamese language proficiency, including knowledge of Vietnamese culture, history, and law as prescribed by the Ministry of Education and Training and the Ministry of Justice;

đ) A certificate confirming the continuous residence period in Vietnam issued by the People's Committee of the commune, ward, town (hereinafter referred to as the People's Committee of the commune) where the applicant usually resides; if the applicant previously resided in another locality, then a certificate confirming the residence period issued by the People's Committee of the commune of that locality must also be submitted;

e) A certificate regarding place of residence, employment, lawful income, or property status in Vietnam issued by the People's Committee of the commune where the applicant usually resides;

g) A commitment to renounce foreign nationality (if applicable) upon being granted Vietnamese nationality.

In cases where foreign nationality is automatically lost upon being granted Vietnamese nationality, the above commitment shall be replaced by a confirmation letter from the diplomatic mission or consulate of the country of which the applicant is a citizen, stating that the laws of that country provide for automatic loss of nationality in such circumstances.

In special cases, when a foreigner applying for Vietnamese nationality requests to retain their foreign nationality in accordance with Clause 3, Article 20 of the Vietnamese Nationality Law, they are not required to submit the documents specified herein but must file an application to retain foreign nationality in the form prescribed by the Ministry of Justice; the application must clearly state the reasons for retaining foreign nationality and commit to the retention of foreign nationality not hindering the exercise of basic rights and obligations of Vietnamese citizens.

2. The applicant for Vietnamese nationality must have a Vietnamese name; the Vietnamese name must be clearly stated in the application for Vietnamese nationality.

3. The application for Vietnamese nationality and accompanying documents of foreigners residing in Vietnam must be prepared in four sets of files; for foreigners who do not reside in Vietnam in exceptional cases stipulated in Point b, Clause 1, Article 9 of this Decree, only three sets of files are required.

Article 9. Exemption and reduction of conditions for applying for Vietnamese nationality

1. The exemption and reduction of certain conditions for obtaining Vietnamese nationality are regulated as follows:

a) Persons having a spouse, parent, or child who is a Vietnamese citizen; persons awarded Orders, Medals, or high honors by the Democratic Republic of Vietnam, the Provisional Revolutionary Government of the Republic of South Vietnam, or the Socialist Republic of Vietnam, or those who have made outstanding contributions to the cause of building and defending the Fatherland of Vietnam, shall be exempted from two years of the continuous residence requirement in Vietnam and shall be exempted from the conditions of knowing Vietnamese and the ability to ensure a living standard in Vietnam.

b) In exceptional cases, when granting Vietnamese nationality to a foreigner will bring significant benefits to the economic, social, scientific, and national defense development of the Socialist Republic of Vietnam, they shall be exempted from the conditions of time spent residing in Vietnam, knowledge of Vietnamese, and the ability to ensure a living standard in Vietnam.

2. Persons exempted or reduced from conditions for obtaining Vietnamese nationality as provided in Clause 1 of this Article are not required to submit corresponding documents as stipulated in Clause 1 of Article 8 of this Decree, but must submit documents proving compliance with the conditions set forth in Clause 1 of this Article.

Article 10. Procedures and process at provincial level

1. Within four months from the date the Department of Justice receives complete and valid files, the provincial People's Committee is responsible for directing the Department of Justice to review the files, submit them for examination and conclusion by the provincial People's Committee, and propose to the Ministry of Justice for the resolution of these files.

2. The procedures for handling files are regulated as follows:

a) Within seven days from the date of receiving complete and valid files and collecting fees, the Department of Justice shall issue a document sent to the same-level Public Security agency (hereinafter referred to as the Provincial Public Security agency), along with one set of files for verification of personal background.

b) Within thirty days thereafter, the Department of Justice must review the files, compare statements, certifications, and documents of the applicant with the conditions for obtaining Vietnamese nationality.

In cases where it is deemed necessary to conduct additional verifications on the actual conditions of the applicant for Vietnamese nationality (such as capacity for civil acts, time spent residing in Vietnam, ability to ensure a living standard in Vietnam, or Vietnamese language proficiency), the Department of Justice shall coordinate with relevant agencies to carry out such verifications.

c) Within sixty days for the Provincial Public Security agency and thirty days for other relevant agencies, from the date of receiving the request from the Department of Justice, these agencies must conduct verifications according to their specialized functions and respond in writing to the Department of Justice.

d) Immediately upon receiving the results of the verifications from the Provincial Public Security agency and other relevant agencies, the Department of Justice shall draft a document, submit it for examination and conclusion by the Chairman of the provincial People's Committee, and sign a document proposing to the Ministry of Justice, along with two sets of files for the application for Vietnamese nationality of the applicant.

3. In cases where the Chairman of the provincial People's Committee concludes that the applicant does not meet the conditions for obtaining 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 provisions of the law.

Article 11. Procedures and process at diplomatic and consular agencies

1. Within three months from the date of receiving complete and valid files and collecting fees for exceptional cases stipulated in Point b, Clause 1, Article 9 of this Decree, the Vietnamese diplomatic and consular agencies must examine and verify the files, compare statements, certifications, and documents of the applicant with the conditions for obtaining Vietnamese nationality, and issue a conclusion document proposing the resolution of the application for Vietnamese nationality to the Ministry of Foreign Affairs for transfer to the Ministry of Justice, along with two sets of files for the application for Vietnamese nationality of the applicant.

2. In cases where the conclusion is that the applicant does not meet the conditions for obtaining Vietnamese nationality, the Vietnamese diplomatic and consular agencies shall notify the applicant in writing; if the applicant disagrees with this conclusion, they have the right to appeal in accordance with the provisions of the law.

Article 12. Procedures and process at central level

1. Within thirty days from the date of receipt of the proposal document from the provincial People's Committee or Vietnamese diplomatic and consular agencies, the Ministry of Justice is responsible for rechecking the files and, if it finds that the files are complete and the applicant meets the conditions for obtaining Vietnamese nationality as prescribed by law, it shall issue a report to the Prime Minister for authorization to submit a proposal to the President for consideration and decision.

In cases where the file is deemed incomplete or there are issues requiring clarification, the Ministry of Justice shall issue a document requesting the provincial People's Committee to complete the file or request the Vietnamese diplomatic and consular agencies through the Ministry of Foreign Affairs to supplementarily verify the file. In such cases, the time limit mentioned above is 75 days.

Within 30 days from the date of receiving the Ministry of Justice's request, the provincial People's Committee or Vietnamese diplomatic and consular agencies must complete the file or clarify the issues requested and respond in writing to the Ministry of Justice.

2. Immediately upon receipt of the Prime Minister's authorization opinion, the Ministry of Justice shall notify the provincial People's Committee or Vietnamese diplomatic and consular agencies about the applicant having completed the application for Vietnamese citizenship. If necessary, the provincial People's Committee or Vietnamese diplomatic and consular agencies shall issue a confirmation certificate regarding the completion of the application to the applicant for them to proceed with the procedure to renounce foreign citizenship.

3. Within seven days from the date of receipt of the Prime Minister's authorization opinion, or if necessary, from the date of receipt of the certificate of renunciation of foreign citizenship by the applicant, the Ministry of Justice shall complete the file; the Minister of Justice, authorized by the Prime Minister, shall submit a report to the State President for consideration and decision, accompanied by one set of the applicant's application for Vietnamese citizenship. For special cases where the applicant wishes to retain foreign citizenship, the report must clearly state the proposal regarding this matter.

In cases of granting Vietnamese citizenship, the State President's decision shall include the name of the applicant in Vietnamese.

Section 2

RETURNING TO VIETNAMESE CITIZENSHIP

Article 13. Application for returning to Vietnamese citizenship

1. The applicant for returning to Vietnamese citizenship must submit an application form prescribed by the Ministry of Justice. Accompanying the application for returning to Vietnamese citizenship must be the following documents:

a) A personal history statement according to the form prescribed by the Ministry of Justice;

b) A criminal record clearance certificate issued by the competent authority of the country where the applicant is a citizen or resident;

c) Documents or evidence proving that the applicant previously held Vietnamese citizenship.

2. In addition to the documents stipulated in Clause 1 of this Article, the applicant must also submit one of the following documents:

a) A confirmation letter from a Vietnamese diplomatic or consular agency or the Overseas Vietnamese Committee confirming that the applicant has submitted an application for repatriation to Vietnam;

b) Documents or evidence proving that the applicant has a spouse, child, parent who is a Vietnamese citizen;

c) Documents or evidence proving that the applicant was awarded medals, orders, or honorary titles by the Democratic Republic of Vietnam, the Provisional Revolutionary Government of the Republic of South Vietnam, or the Socialist Republic of Vietnam, or confirming that the applicant has made significant contributions to the construction and defense of the Vietnamese homeland;

d) Documents or evidence proving that the applicant's return to Vietnamese citizenship will benefit the economic, social, scientific development, and national security of the Socialist Republic of Vietnam.

3. The applicant for returning to Vietnamese citizenship must restore their previous Vietnamese name and clearly indicate it in the application for returning to Vietnamese citizenship; if they wish to change their name, they must provide a clear explanation.

4. Applications for returning to Vietnamese citizenship and accompanying documents of applicants residing in Vietnam must be prepared in four sets; those residing abroad must be prepared in three sets.

Article 14. Procedures and process at provincial level

1. Within two months from the date when the Department of Justice receives all valid applications, the provincial People's Committee is responsible for directing the Department of Justice to review the application, submit it for examination and conclusion by the provincial People's Committee, and propose to the Ministry of Justice for the resolution of the application.

2. The procedures for handling files are regulated as follows:

a) Within seven days from the date of receiving all valid applications and collecting fees, the Department of Justice shall send a document to the Provincial Police, along with one set of the application for verification of personal background.

b) Within the next fifteen days, the Department of Justice must review the application, compare the statements, certifications, and documents of the applicant with the conditions for returning to Vietnamese citizenship.

In cases where supplementary verification of the actual conditions of the applicant for returning to Vietnamese citizenship (such as repatriation, kinship with Vietnamese citizens, contributions or potential contributions of the applicant to the construction and defense of the Vietnamese homeland) is deemed necessary, the Department of Justice shall coordinate with relevant specialized agencies to carry out such verification.

c) Within thirty days from the date of receiving the Department of Justice's request, the Provincial Police and other specialized agencies must conduct verification according to their functional expertise and respond in writing to the Department of Justice.

d) Immediately upon receipt of the verification results from the Provincial Police and other specialized agencies, the Department of Justice shall draft a document for submission to the Chairman of the provincial People's Committee for examination, conclusion, and signing a document proposing to the Ministry of Justice, accompanied by two sets of the applicant's application for returning to Vietnamese citizenship.

3. In cases where the Chairman of the provincial People's Committee concludes that the applicant does not meet the conditions for returning to Vietnamese citizenship, the Department of Justice shall notify the applicant in writing; if the applicant disagrees with this conclusion, they have the right to appeal according to the law.

Article 15. Procedures and process at diplomatic and consular agencies

1. Within two months from the date of receiving all valid applications and collecting fees, the Vietnamese diplomatic and consular agencies must examine and verify the application, compare the statements, certifications, and documents of the applicant with the conditions for returning to Vietnamese citizenship, and issue a conclusion and proposal on the resolution of the application for returning to Vietnamese citizenship to the Ministry of Foreign Affairs for transfer to the Ministry of Justice, accompanied by two sets of the applicant's application for returning to Vietnamese citizenship.

2. In cases where the conclusion is that the applicant does not meet the conditions for returning to Vietnamese citizenship, the Vietnamese diplomatic and consular agencies shall notify the applicant in writing; if the applicant disagrees with this conclusion, they have the right to appeal according to the law.

Article 16. Procedures and process at central level

1. Within thirty days from the date of receipt of the request document of the provincial People's Committee or the Vietnamese diplomatic or consular agency, the Ministry of Justice shall be responsible for rechecking the file, and if it finds that the file is complete and the applicant meets the conditions to regain Vietnamese citizenship as prescribed by law, it shall prepare a report to the Prime Minister for authorization to submit a proposal to the President for consideration and decision.

In cases where the file is incomplete or there are issues requiring clarification, the Ministry of Justice shall issue a document requesting the provincial People's Committee or through the Ministry of Foreign Affairs to request the Vietnamese diplomatic or consular agency to complete the file or conduct additional verification. In such cases, the time limit mentioned above is sixty days.

2. Within fifteen days from the date of receipt of the request of the Ministry of Justice, the provincial People's Committee or the Vietnamese diplomatic or consular agency must complete the file or conduct additional verification and reply in writing to the Ministry of Justice.

3. Within seven days from the date of receipt of the authorization opinion of the Prime Minister, the Ministry of Justice shall complete the file; the Minister of Justice, authorized by the Prime Minister, shall sign the proposal to the President for consideration and decision, accompanied by one set of the applicant's application file for regaining Vietnamese citizenship.

In the event of granting the restoration of Vietnamese citizenship, the Decision of the President shall record the name of the applicant using their Vietnamese name.

Section 3

ISSUE OF CERTIFICATE OF VIETNAMESE CITIZENSHIP

Article 17. Application for issuance of Certificate of Vietnamese Citizenship

1. Vietnamese citizens applying for issuance of Certificate of Vietnamese Citizenship must submit an application form prescribed by the Ministry of Justice, clearly stating the purpose of applying for the Certificate of Vietnamese Citizenship in the application.

Accompanying the application for issuance of Certificate of Vietnamese Citizenship must be a copy of the Identity Card or Vietnamese Passport still valid. When submitting the application, the applicant must present the Identity Card or Passport for verification.

In case there is no Identity Card or Passport, then accompanying the application for issuance of Certificate of Vietnamese Citizenship must be submitted a certified copy of one of the following documents to prove Vietnamese citizenship:

a) Documents proving the applicant has been granted Vietnamese citizenship;

b) Documents proving the applicant has regained Vietnamese citizenship;

c) Decision recognizing adoption of foreign children;

d) Registration certificate issued by the Vietnamese diplomatic or consular agency;

đ) Household registration book;

e) Most recent voter card;

g) Documents proving Vietnamese citizenship of parents; father or mother;

h) Birth certificate;

i) Documents and materials proving the applicant is a Vietnamese citizen under international treaties to which Vietnam is a party.

k) In case there is no one of the documents specified in points a to i of this clause, then submit a sworn statement regarding the date and place of birth, place of origin, residence of the applicant; name, age, nationality, residence of parents and family background. This statement must be attested by at least two persons who know the matter and confirmed by the People's Committee of the commune where the applicant was born.

2. The application for issuance of Certificate of Vietnamese Citizenship and accompanying documents stipulated in Clause 1 of this Article shall be prepared in two sets of files.

Article 18. Procedure for handling at the provincial People's Committee

1. Within thirty days from the date of receipt of a complete and valid file and payment of fees, the Department of Justice must verify the file. If it finds that the file is complete, the statements, certifications, and documents of the applicant are true, and the applicant has not lost Vietnamese citizenship, the Department of Justice shall prepare a report to the Chairman of the provincial People's Committee for issuance of Certificate of Vietnamese Citizenship.

Immediately after the Chairman of the provincial People's Committee signs the Certificate of Vietnamese Citizenship, the Department of Justice must deliver or send the Certificate to the applicant.

In cases where the file requires additional verification, the Department of Justice shall issue a document requesting the Provincial Public Security Department to carry out the verification, accompanied by one set of the file. In such cases, the time limit mentioned above is sixty days.

Within thirty days from the date of receipt of the request of the Department of Justice, the Provincial Public Security Department shall be responsible for verifying and replying in writing to the Department of Justice.

2. In cases where the Chairman of the provincial People's Committee concludes that the applicant is not eligible for issuance of Certificate of Vietnamese Citizenship, the Department of Justice shall notify the applicant in writing; if the applicant disagrees with the conclusion, they have the right to appeal according to the provisions of the law.

3. Every three months, the Department of Justice shall report to the Ministry of Justice on the situation of issuing Certificates of Vietnamese Citizenship.

Article 19. Procedure for handling at the Vietnamese diplomatic or consular agency

1. Within thirty days from the date of receipt of a complete and valid file and payment of fees, the Vietnamese diplomatic or consular agency must verify the file. If it finds that the file is complete, the statements, certifications, and documents of the applicant are true, and the applicant has not lost Vietnamese citizenship, the head of the Vietnamese diplomatic or consular agency shall sign the Certificate of Vietnamese Citizenship and deliver or send the Certificate to the applicant.

In cases where the file requires additional verification, the Vietnamese diplomatic or consular agency shall cooperate with relevant domestic agencies to carry out the verification. In such cases, the time limit mentioned above is sixty days.

Within fifteen days from the date of receipt of the request of the Vietnamese diplomatic or consular agency, the domestic agency must verify and reply in writing to the Vietnamese diplomatic or consular agency.

2. In cases where the conclusion is that the applicant is not eligible for issuance of Certificate of Vietnamese Citizenship, the Vietnamese diplomatic or consular agency shall notify the applicant in writing; if the applicant disagrees with the conclusion, they have the right to appeal according to the provisions of the law.

3. Through the Ministry of Foreign Affairs, the Vietnamese diplomatic or consular agency shall report every three months to the Ministry of Justice on the situation of issuing Certificates of Vietnamese Citizenship.

Section 4

RESIGNATION FROM VIETNAMESE CITIZENSHIP

Article 20. Application for resignation from Vietnamese Citizenship

Vietnamese citizens applying for resignation from Vietnamese Citizenship must submit an application form prescribed by the Ministry of Justice.

1. Accompanying the application for resignation from citizenship of Vietnamese citizens residing in the country must include the following documents:

a) A personal history statement according to the form prescribed by the Ministry of Justice;

b) A certified copy of identity documents, Passport, or other documents proving that the party holds foreign nationality (for those who currently hold foreign nationality); A confirmation or guarantee document stating that the person will acquire foreign nationality (for those applying to acquire foreign nationality), except in cases where the laws of that country do not provide for issuing such documents;

c) A tax clearance certificate issued by the Tax Department where the party usually resides;

d) For individuals who were previously civil servants, public officials, or served in the People's Armed Forces and have retired, resigned, taken early retirement, or been discharged from military service within the last five years, they must also submit a document from the authority that decided their retirement, resignation, early retirement, or discharge, confirming that their renunciation of Vietnamese nationality does not harm Vietnam’s national interests;

đ) A criminal record certificate issued by the competent authority of Vietnam where the party usually resides;

e) A certificate from the Department of Education and Training where the party usually resides, confirming that the party has reimbursed the state for training costs if the party was trained at the university, vocational college, or postgraduate level using state funds, including funds provided by foreign countries;

2. Along with the application to renounce Vietnamese nationality submitted by Vietnamese citizens residing abroad, there must be attached the documents specified in points a, b, and e of Clause 1 of this Article. In this case, the document specified in point e of Clause 1 of this Article shall be issued by the Vietnamese diplomatic or consular agency responsible for the area where the party usually resides;

3. The application to renounce Vietnamese nationality and accompanying documents of Vietnamese citizens residing within the country must be prepared in four sets of files; for those residing abroad, it must be prepared in three sets of files;

Article 21. Exemption from personal background verification procedures

Applications for renouncing Vietnamese nationality from individuals falling under any of the following circumstances do not need to go through the personal background verification procedure by the police authority as stipulated in Clause 2 of Article 22 of this Decree:

1. Individuals under 14 years old;

2. Individuals born and raised abroad;

3. Individuals who have resided abroad for more than 15 years;

4. Individuals who have left Vietnam under family reunion programs;

Article 22. Procedures and sequence of handling at provincial people's committees

1. Within two months from the date when the Department of Justice receives complete and valid files, the provincial people's committee is responsible for directing the Department of Justice to review the files, submit them for consideration and conclusion by the provincial people's committee, and propose to the Ministry of Justice regarding the resolution of these files. In cases stipulated in Article 21 of this Decree, the above period is one month;

2. The procedures for handling files are regulated as follows:

a) Within seven days from the date of receiving all valid applications and collecting fees, the Department of Justice shall send a document to the Provincial Police, along with one set of the application for verification of personal background.

During this period, the Department of Justice must post notices at its office premises and simultaneously publish in local newspapers for three consecutive issues about the application to renounce Vietnamese nationality of the applicant;

b) Within thirty days thereafter, the Department of Justice must review the files, compare statements, certifications, and documents of the applicant with the conditions for renouncing Vietnamese nationality;

If it is deemed necessary to conduct further reviews or if complaints are received regarding the actual conditions of the applicant (such as tax arrears or financial obligations to agencies, organizations, or Vietnamese citizens), the Department of Justice will coordinate with relevant specialized agencies to carry out these reviews;

c) Within thirty days from the date of receiving the Department of Justice's request, the Provincial Police and other specialized agencies must conduct verification according to their functional expertise and respond in writing to the Department of Justice.

d) Upon expiration of the period specified in point b of this clause or immediately upon receipt of the review results from the provincial police department and other specialized agencies, the Department of Justice drafts a document, submits it for examination and conclusion by the Chairman of the provincial people's committee, and proposes to the Ministry of Justice, accompanied by two sets of files on the application to renounce Vietnamese nationality of the applicant;

3. In cases where the Chairman of the provincial people's committee concludes that the applicant does not meet the conditions to renounce Vietnamese nationality, the Department of Justice must notify the applicant in writing; if the applicant disagrees with this conclusion, they have the right to appeal according to the provisions of the law;

Article 23. Procedures and process at diplomatic and consular agencies

1. Within two months from the date of receiving complete and valid files and collecting fees, the Vietnamese diplomatic or consular agency must post notices at its office premises regarding the application to renounce Vietnamese nationality of the applicant; examine and review the files, compare statements, certifications, and documents of the applicant with the conditions for renouncing Vietnamese nationality, and issue a conclusion document proposing the resolution of the application to renounce Vietnamese nationality to the Ministry of Foreign Affairs for transfer to the Ministry of Justice, accompanied by two sets of files on the application to renounce Vietnamese nationality of the applicant. In cases stipulated in Article 21 of this Decree, the above period is one month;

2. In cases where the conclusion is that the applicant does not meet the conditions to renounce Vietnamese nationality, the Vietnamese diplomatic or consular agency must notify the applicant in writing; if the applicant disagrees with this conclusion, they have the right to appeal according to the provisions of the law;

Article 24. Procedures and process at central level

1. Within thirty days from the date of receiving the proposal document from the provincial people's committee or the Vietnamese diplomatic or consular agency, the Ministry of Justice is responsible for rechecking the files and, if it finds that the files are complete and the applicant meets the conditions to renounce Vietnamese nationality as prescribed by law, it must issue a report to the Prime Minister for authorization to submit a proposal to the President for consideration and decision;

In cases where the file is incomplete or there are issues requiring clarification, the Ministry of Justice shall issue a document requesting the provincial People's Committee or through the Ministry of Foreign Affairs to request the Vietnamese diplomatic or consular agency to complete the file or conduct additional verification. In such cases, the time limit mentioned above is sixty days.

2. Within fifteen days from the date of receipt of the request of the Ministry of Justice, the provincial People's Committee or the Vietnamese diplomatic or consular agency must complete the file or conduct additional verification and reply in writing to the Ministry of Justice.

3. Within seven days from the date of receiving the authorization opinion from the Prime Minister, the Ministry of Justice completes the files; the Minister of Justice, acting on behalf of the Prime Minister, signs the proposal to the President for consideration and decision, accompanied by one set of files on the application to renounce Vietnamese nationality of the applicant;

Section 5

ISSUANCE OF CERTIFICATE OF LOSS OF VIETNAMESE NATIONALITY

Article 25. Application for Issuance of Certificate of Loss of Vietnamese Nationality

1. Individuals applying for issuance of a Certificate of Loss of Vietnamese Nationality must submit an application form as prescribed; the purpose of applying for the Certificate of Loss of Vietnamese Nationality must be clearly stated in the application;

Attached to the application for issuance of a Certificate of Loss of Vietnamese Nationality must be a certified copy of one of the documents specified in Clause 1 of Article 17 of this Decree to prove that the applicant once held Vietnamese nationality, and one of the following documents to prove that the applicant has lost Vietnamese nationality:

a) Documents proving that the applicant was granted permission to renounce Vietnamese nationality;

b) Documents proving that the applicant had their Vietnamese nationality revoked;

c) Documents proving the cancellation of the Decision granting Vietnamese nationality to the applicant;

d) Documents and materials proving that the party has lost Vietnamese nationality pursuant to an international treaty to which Vietnam is a signatory or participant;

đ) Documents and materials proving that the party has lost Vietnamese nationality due to finding out that their father, mother, or guardian is a foreign citizen as provided for in Clause 2, Article 19, or due to the parents being relieved of Vietnamese nationality as provided for in Article 28 of the Vietnamese Nationality Law;

2. The application for issuance of a Certificate of Loss of Vietnamese Nationality and accompanying documents as stipulated in Clause 1 of this Article shall be established in two sets of files.

Article 26. Procedures and steps for issuing a Certificate of Loss of Vietnamese Nationality

Procedures and steps for handling applications for issuance of a Certificate of Loss of Vietnamese Nationality as prescribed in Articles 18 and 19 of this Decree.

Section 6

REVOKE DECISION TO GRANT VIETNAMESE NATIONALITY,

STRIP VIETNAMESE NATIONALITY

Article 27. Revoke Decision to Grant Vietnamese Nationality

A person who has been granted Vietnamese nationality for less than five years, regardless of whether they reside within or outside the country, may have the Decision to Grant Vietnamese Nationality revoked if they fall under any of the following circumstances:

1. Has intentionally made false declarations in the application file for Vietnamese nationality, leading to a misunderstanding by the competent authority of Vietnam regarding the conditions for granting Vietnamese nationality to the applicant;

2. Has fabricated or used a forged document as specified in Points a, c, d, đ, e, and g of Clause 1, Article 8, Clause 2, Article 9, or the Certificate of Renunciation of Foreign Nationality as specified in Clause 3, Article 12 of this Decree, with the aim of proving that they meet the conditions for granting Vietnamese nationality.

Article 28. Strip Vietnamese Nationality

A Vietnamese citizen residing abroad, or a person who has been granted Vietnamese nationality regardless of whether they reside within or outside the territory of Vietnam, if they commit actions seriously harming the independence of the nation, the cause of building and defending the Socialist Republic of Vietnam, or the reputation of the Socialist Republic of Vietnam, may have their Vietnamese nationality stripped.

Article 29. Procedures and steps for proposing revocation of the Decision to Grant Vietnamese Nationality, stripping Vietnamese Nationality

1. Within fifteen days from the date of discovery or receipt of a complaint letter regarding the acts prescribed in Articles 27 and 28 of this Decree, the provincial People's Committee, the Vietnamese diplomatic and consular agencies shall be responsible for reviewing, establishing three files, and submitting a written proposal to the Ministry of Justice, accompanied by two sets of files.

2. The court that has adjudicated the criminal offense of the defendant concerning the acts prescribed in Clause 2, Article 27 and Article 28 of this Decree has the right to propose to the Ministry of Justice about the revocation of the Decision to Grant Vietnamese Nationality, stripping Vietnamese Nationality.

3. Within fifteen days from the date of receipt of the written proposal from the provincial People's Committee, the Vietnamese diplomatic and consular agencies, or the court regarding the revocation of the Decision to Grant Vietnamese Nationality, stripping Vietnamese Nationality, the Ministry of Justice shall be responsible for examining the file, coordinating with the Ministry of Public Security, the Ministry of Foreign Affairs, and other relevant ministries and sectors to submit a report to the Prime Minister for authorization to draft a Memorandum to the President for consideration and decision, accompanied by one set of files.

In cases where the file is deemed incomplete or requires further clarification, the Ministry of Justice shall issue a written request to the agency that established the file to complete it or conduct supplementary review within fifteen days.

4. Immediately upon receiving the authorization from the Prime Minister, the Ministry of Justice completes the file; the Minister of Justice, acting on behalf of the Prime Minister, signs the Memorandum to the President for consideration and decision, accompanied by one set of files.

Chapter III

IMPLEMENTING PROVISIONS

Article 30. Publish in the Official Gazette the Decision of the President on matters related to Vietnamese Nationality

The Decision of the President on granting, restoring, renouncing Vietnamese Nationality, revoking the Decision to grant Vietnamese Nationality, and stripping Vietnamese Nationality shall be published in the Official Gazette of the Socialist Republic of Vietnam within fifteen days from the date of signing.

Article 31. Documents applicable to stateless persons

For stateless persons, the documents specified in Point c, Clause 1, Article 8 and Point b, Clause 1, Article 13 of this Decree shall be understood as those issued by the competent authority of the country where they usually reside.

Article 32. Effective Date

1. This Decree takes effect from January 1, 1999, and replaces Decree No. 37-HĐBT dated February 5, 1990 detailing the implementation of the Vietnamese Nationality Law 1988 and Government Decree No. 06/1998/NĐ-CP dated January 14, 1998 amending and supplementing certain provisions of Decree No. 37-HĐBT.

2. The provisions of this Decree also apply to handle applications for Vietnamese nationality submitted to competent state agencies of Vietnam before the effective date of this Decree but not yet resolved.

Article 33. Regulations on Issuing Certificates of Not Having Vietnamese Nationality

Based on the procedures and steps for handling matters related to Vietnamese Nationality as prescribed in this Decree, the Minister of Justice shall regulate the issuance of Certificates of Not Having Vietnamese Nationality at the request of foreigners residing in Vietnam.

Article 34. Implementation organization

The Minister of Justice is responsible for guiding the implementation of this Decree.

Ministers, heads of ministerial-level agencies, heads of agencies under the Government, Chairmen of provincial people's committees directly under the central government are responsible for implementing this Decree./.