This Decree specifies details regarding acquisition, reacquisition, renunciation, deprivation of Vietnamese nationality; notification of results in nationality matters; registration to be recognized as having Vietnamese nationality; issuance of certificates confirming nationality and Vietnamese origin. It applies to state agencies and individuals involved in nationality procedures.
Đối tượng áp dụng
State agencies (Ministry of Justice, Ministry of Foreign Affairs, Ministry of Public Security), Department of Justice, diplomatic missions, People's Committees of provinces, persons applying for acquisition, reacquisition, renunciation of Vietnamese nationality, persons requesting recognition of nationality and Vietnamese origin.
Các điểm cốt lõi
- Persons applying for acquisition of Vietnamese nationality must submit legalized consular documents, translated into Vietnamese; directly submit their application at the Department of Justice where they reside.
- The time limit for resolving nationality matters is nine months (except in special cases).
- The agency handling the application has the responsibility to check the validity of the documents and provide guidance for supplementation and completion if necessary.
- Documents proving Vietnamese nationality lose their validity when the person renounces or is deprived of nationality, or when the decision to grant nationality is revoked.
- Persons applying for reacquisition of Vietnamese nationality must meet the required conditions and submit corresponding documents.
🌐 Tác động xã hội từ văn bản này
- Facilitate acquisition, reacquisition, renunciation of nationality through clear and transparent procedures.
- Reduce legal burdens on persons applying for Vietnamese nationality through flexible conditions.
- Carefully consider deprivation of nationality and revocation of decisions granting nationality to protect individual rights.
- Provide opportunities for persons of Vietnamese origin to reassess their nationality status.
- Depending on the procedural process, it may create financial and time burdens for citizens.
❓ Câu hỏi thường gặp
What documents must a person applying for Vietnamese nationality submit?
In addition to regular documents, applicants for Vietnamese nationality must demonstrate sufficient knowledge of Vietnamese to integrate and ensure a livelihood in Vietnam. If they have special merit or outstanding talent, they must also submit proof thereof.
How long is the processing time for nationality applications?
The time limit for resolving nationality matters is nine months (except in special cases).
What documents must a person applying for reacquisition of Vietnamese nationality submit?
If they have a spouse or child who is a Vietnamese citizen, they must submit proof of relationship. Otherwise, they need to submit proof that they previously had Vietnamese nationality and other required documents as stipulated.
Which documents lose their validity when a person renounces or is deprived of nationality?
Documents confirming nationality, Passports, Identity Cards, Citizen Identification Cards, Citizen Cards, and Electronic Citizen Cards of persons who have renounced nationality, been deprived of nationality, or had the decision to grant nationality revoked will be confiscated and lose their validity.
Where can a person apply for reacquisition of Vietnamese nationality submit their application?
Persons applying for reacquisition of Vietnamese nationality must submit their application directly to the Department of Justice where they reside. If there is no diplomatic mission, they may submit their application to an ad hoc diplomatic mission or the most convenient one.
Toàn văn
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| SOCIALIST REPUBLIC OF VIET NAM
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DECREE
Detailed regulations on certain provisions and implementation measures of the Law on Vietnamese Citizenship
Decree No. 16/2020/NĐ-CP dated February 3, 2020 of the Government detailing certain provisions and implementation measures of the Law on Vietnamese Citizenship, which took effect from March 20, 2020, was amended and supplemented by:
Decree No. 07/2025/NĐ-CP dated January 9, 2024 of the Government amending and supplementing certain provisions of decrees in the field of civil status, citizenship, certification, which took effect from January 9, 2025.
||| Pursuant to the Law on Organization of the Government dated June 19, 2015;
Pursuant to the Law on Nationality of Vietnam dated November 13, 2008;
Based on the Law Amending and Supplementing Certain Provisions of the Law on Vietnamese Citizenship dated June 24, 2014;
At the proposal of the Minister of Justice;
The Government promulgates this Decree detailing certain provisions and implementation measures of the Law on Vietnamese Citizenship[1].
Chapter I. GENERAL PROVISIONS
Article 1. Scope of Regulation
This Decree details certain provisions and implementation measures of the Law on Vietnamese Citizenship regarding acquisition, reacquisition, renunciation, deprivation of Vietnamese citizenship; cancellation of decisions to grant Vietnamese citizenship; notification of results of matters concerning citizenship; registration for determination of having Vietnamese citizenship; issuance of Certificates of Vietnamese Citizenship; issuance of Certificates of Vietnamese Origin; and responsibilities of agencies in state management of citizenship.
Article 2. Legalization of consular documents, translation of citizenship dossier documents into Vietnamese
Documents in the application dossier for acquisition, reacquisition, renunciation of Vietnamese citizenship and resolution of other matters concerning Vietnamese citizenship issued by competent authorities of foreign countries must be legalized, except where exemption from legalization is provided for under Vietnamese law or international treaties to which Vietnam is a party.
Documents in the citizenship dossier in a foreign language must be translated into Vietnamese; the translation must be notarized or certified with the signature of the translator according to Vietnamese law.
Article 3. Methods of submitting, accepting dossiers and delivering results of resolution of citizenship matters
1. Persons applying for reacquisition, renunciation of Vietnamese citizenship or resolution of other matters concerning citizenship may submit the dossier directly or send it through the postal system to the competent authority accepting the dossier according to the Law on Vietnamese Citizenship and this Decree, without delegating another person to submit the dossier. In cases where persons applying for reacquisition, renunciation of Vietnamese citizenship or resolution of other matters concerning citizenship reside in a country or territory without a diplomatic mission, consulate, or other agency authorized to perform consular functions of Vietnam abroad (hereinafter referred to as the Diplomatic Mission), they shall submit the dossier to the nearest Diplomatic Mission.
Persons applying for acquisition of Vietnamese citizenship must submit the dossier directly at the Department of Justice where they reside.
Requests for resolution of citizenship matters for minors or persons with restricted capacity for civil acts shall be made by their legal representatives or guardians.
2. Where the law stipulates that copies of documents must be submitted, the person requesting resolution of citizenship matters may submit copies taken from the original, copies certified from the original, or copies issued from the original record. If copies taken from the original are submitted, the original must be available for comparison; the person receiving the dossier will check and compare the copy with the original and sign to confirm the comparison.
Where the dossier is sent through the postal system, copies of documents must be certified from the original or issued from the original record; Applications, Declarations, Biographical Statements must be certified with signatures according to the law.
3. The person accepting the dossier is responsible for checking the validity of the documents in the dossier. Where the dossier is incomplete or invalid, guidance for supplementation and completion will be provided. If the dossier is complete and valid, the person accepting the dossier will record it in the acceptance register and issue a Dossier Acceptance Receipt according to the prescribed form to the person submitting the dossier. Where the dossier is sent through the postal system, the person accepting the dossier will send the Dossier Acceptance Receipt to the person submitting the dossier through the postal system.
4. The authority accepting the dossier will prepare a full list of documents in each dossier, accompanied by a list of persons requesting resolution of citizenship matters according to the prescribed form.
For dossiers for renunciation of Vietnamese citizenship, the authority accepting the dossier is responsible for classifying them into dossiers exempted from verification of personal background according to Article 30 of the Law on Vietnamese Citizenship and dossiers requiring verification of personal background.
Where exemption from verification of personal background is granted, the validity period of the document ensuring entry into foreign citizenship must be at least 120 days from the date of dossier acceptance; where verification of personal background is required, the validity period must be at least 150 days from the date of dossier acceptance.
5. Results of resolution of citizenship matters will be delivered directly or sent through the postal system to the person requesting them. Persons requesting delivery of results through the postal system must pay the cost of delivery through the postal system.
6. Issuance of the Decision to Grant Vietnamese Citizenship shall be carried out according to the provisions of Article 12 of this Decree.
Article 4. Invalidate the value of nationality proof documents issued to persons who have renounced, lost, or had their decision to acquire Vietnamese nationality revoked.
1. From the date on which the Decision on Renouncing Vietnamese Nationality, Losing Vietnamese Nationality, or Revoking the Decision to Acquire Vietnamese Nationality of a person becomes legally effective, the documents specified in Article 11 of the Vietnamese Nationality Law issued to that person shall no longer be valid for proving Vietnamese nationality.
2. The cancellation of permanent residence registration, recovery, and invalidation of the use of Vietnamese Passport, Identity Card, Citizen Identification Card, Citizen Card, and Electronic Citizen Identification Card[2] of the subjects specified in Clause 1 of this Article shall be implemented in accordance with the provisions of Clause 3 of Article 24 and Clause 2 of Article 26 of this Decree and relevant laws.
In cases where the household registration documents of persons who have renounced Vietnamese nationality, lost Vietnamese nationality, or had their decision to acquire Vietnamese nationality revoked indicate Vietnamese nationality, the notification and recording in the household registry of the change in nationality shall be carried out in accordance with the provisions of Article 25 of this Decree.
Article 5. The use of dual nationality by Vietnamese citizens simultaneously holding foreign nationality in relation to Vietnamese competent authorities
The Socialist Republic of Vietnam only recognizes Vietnamese nationality for Vietnamese citizens simultaneously holding foreign nationality in relation to Vietnamese competent authorities, except where international treaties to which Vietnam is a party provide otherwise.
Article 6. Prohibited Acts
The following acts are strictly prohibited:
a) Using false documents, altered documents, or documents with erased content; making false declarations or engaging in fraudulent behavior to process matters related to nationality;
b) Using documents that are no longer valid for proving Vietnamese nationality as stipulated in Clause 1 of Article 4 of this Decree to prove current possession of Vietnamese nationality;
c) Misusing granted authority to issue documents regarding Vietnamese nationality, documents proving Vietnamese nationality, or other documents indicating Vietnamese nationality contrary to the provisions of the law; confirming the absence of grounds or inaccuracies regarding individuals applying for acquisition or reacquisition of Vietnamese nationality;
d) Exploiting the acquisition, reacquisition, renunciation of Vietnamese nationality, and the request to retain foreign nationality upon acquiring or reacquiring Vietnamese nationality to harm national security, national interests, public order, and social safety of the Socialist Republic of Vietnam; damaging the legitimate rights and interests of Vietnamese agencies, organizations, and citizens.
2. Individuals or organizations implementing the acts prescribed in Clause 1 of this Article shall be subject to legal sanctions according to the nature and degree of violation; documents specified in point b of Clause 1 of this Article, and those issued in the circumstances specified in points a and c of Clause 1 of this Article shall have no legal validity and must be recovered and revoked.
3. In cases where a person who has acquired Vietnamese nationality in accordance with Article 19 of the Nationality Law is found to have committed the act specified in point a of Clause 1 of this Article, the Ministry of Justice shall complete the file, report to the Prime Minister for submission to the President to revoke the Decision on Acquisition of Vietnamese Nationality in accordance with Articles 33 and 34 of the Nationality Law and Article 23 of this Decree.
Chapter II. PROCEDURES FOR ACQUIRING, REACQUIRING, RENOUNCING, LOSING NATIONALITY, AND REVOKING THE DECISION TO ACQUIRE NATIONALITY OF VIETNAM
Mục 1. APPLICATION FOR VIETNAMESE CITIZENSHIP
Article 7. Certain conditions for acquiring Vietnamese citizenship as stipulated in Article 19 of the Law on Citizenship of Vietnam
1. Knowledge of the Vietnamese language sufficient to integrate into the Vietnamese community means the ability to listen, speak, read, and write in Vietnamese appropriate to the living and working environment of the person applying for Vietnamese nationality.
2. Persons applying for Vietnamese citizenship under Clause 1 and Clause 2 of Article 19 of the Law on Citizenship of Vietnam must be residing in Vietnam and have been issued a Permanent Resident Card by a competent public security authority of Vietnam.
The period of residence in Vietnam of a person applying for Vietnamese nationality shall be calculated from the date such person was issued a Permanent Residence Card.
3. The ability to ensure a livelihood in Vietnam of a person applying for Vietnamese nationality shall be proven by assets, lawful sources of income of that person or a guarantee from organizations or individuals in Vietnam.
Article 8. Persons exempted from certain conditions for acquiring Vietnamese citizenship as stipulated in Point b and Point c of Clause 2 of Article 19 of the Law on Citizenship of Vietnam
1. Persons who have made outstanding contributions to the cause of building and defending the Fatherland of Vietnam must be those awarded Orders, Medals, or other prestigious titles by the State of the Democratic Republic of Vietnam, the Provisional Revolutionary Government of the Republic of South Vietnam, the State of the Socialist Republic of Vietnam, or confirmed by a competent authority of Vietnam based on their special merits through relevant files, opinions of related agencies and organizations, and specialized laws.
2. Persons whose acquisition of Vietnamese citizenship would be beneficial to the Socialist Republic of Vietnam must be individuals with truly exceptional talent in fields such as science, economy, culture, society, art, sports, healthcare, education, having won international awards, Orders, Medals, or certified by their workplace authorities and national management agencies at the ministerial level regarding their talent, and there must be evidence showing that their acquisition of Vietnamese citizenship will make positive and long-term contributions to the development of these fields in Vietnam.
Article 9. Special cases for application for Vietnamese citizenship while retaining foreign citizenship as stipulated in Clause 3 of Article 19 of the Law on Citizenship of Vietnam
Applicants for Vietnamese citizenship falling under any of the circumstances specified in Clause 2 of Article 19 of the Law on Citizenship of Vietnam, if they meet all the following conditions, shall be considered as special cases stipulated in Clause 3 of Article 19 of the Law on Citizenship of Vietnam and may be submitted to the President for consideration of granting Vietnamese citizenship without renouncing their foreign citizenship:
1. They satisfy the conditions for acquiring Vietnamese citizenship as prescribed by the Law on Citizenship of Vietnam.
2. They have made outstanding contributions to the cause of building and defending the Fatherland of Vietnam, and the simultaneous acquisition of Vietnamese citizenship and retention of foreign citizenship would be beneficial to the Socialist Republic of Vietnam.
3. Their request to retain foreign citizenship upon acquiring Vietnamese citizenship is in accordance with the laws of that foreign country.
4. Renunciation of foreign citizenship would result in their rights and interests abroad being affected.
5. They do not use foreign citizenship to harm the rights and legitimate interests of agencies, organizations, and individuals; nor do they endanger the national security, social order, and safety of the Socialist Republic of Vietnam.
Article 10. Certain documents in the application dossier for Vietnamese citizenship
1.[3] The documents specified in Points b, d, đ, e, and g of Clause 1 of Article 20 of the Law on Citizenship of Vietnam are as follows:
a) Other documents with equivalent value to Birth Registration Certificate or Passport for stateless persons applying for Vietnamese citizenship are documents containing information about name, date of birth, affixed with a photograph of the applicant and stamped by a competent authority, or travel documents, international travel documents;
b) Documents proving Vietnamese language proficiency of applicants for Vietnamese citizenship are copies of diplomas, certificates proving that they have studied in Vietnamese in Vietnam, such as copies of doctoral, master's, bachelor's degrees, or university graduation certificates, college or vocational school graduation certificates (including secondary vocational or vocational high school graduation certificates); Vietnamese high school or junior high school graduation certificates; copies of Vietnamese language proficiency certificates issued by educational institutions in Vietnam according to the regulations of the Ministry of Education and Training;
In cases where applicants for Vietnamese citizenship do not have documents proving Vietnamese language proficiency, the Department of Justice shall organize interviews to assess their Vietnamese listening, speaking, reading, and writing skills to ensure compliance with the provisions of Clause 1 of this Decree. The interview panel shall include representatives from the Department of Justice and the Department of Education and Training. The results of the assessment and interviews must be recorded in writing. Those directly involved in the assessment and interviews bear responsibility for the results and recommendations;
c)[4] Copies of Birth Registration Certificates of minor children applying for Vietnamese citizenship along with their parents, or other valid documents proving parent-child relationships, in cases where the receiving agency cannot extract information about parent-child relationships from the Electronic Household Registry Database or the National Population Database.
If only the father or mother acquires Vietnamese citizenship and the minor child living with them applies for Vietnamese citizenship through the father or mother, then a consent agreement signed by both parents regarding the application for Vietnamese citizenship for the child must be submitted. The consent agreement does not require notarization; the person submitting the application for Vietnamese citizenship for the child bears responsibility for the accuracy of the other party's signature.
In cases where the parents are deceased, incapacitated, or partially incapacitated, the consent agreement can be replaced by documents proving the death, incapacity, or partial incapacity of the parents;
d) Copies of Permanent Resident Cards;
đ) Documents proving the ability to ensure a livelihood in Vietnam for applicants for Vietnamese citizenship, including one of the following documents: documents proving ownership of assets; documents from the employer or organization confirming salary or income; sponsorship letters from organizations or individuals in Vietnam; confirmation letters from the People's Committee of the commune, ward, town (hereinafter referred to as the People's Committee of the commune) regarding the housing situation, employment, and income of the applicant for Vietnamese citizenship.
e)[5] The Department of Justice shall proactively request the agency managing the criminal record database to issue a Criminal Record Certificate for individuals applying for Vietnamese citizenship during their residence in Vietnam to complete the application for Vietnamese citizenship, except in cases where the applicant already possesses a Criminal Record Certificate at the time of submitting the application.
This provision also applies to applications for reacquiring Vietnamese citizenship and applications for renouncing Vietnamese citizenship submitted to the Department of Justice.
2. Individuals exempted from certain conditions for acquiring Vietnamese citizenship pursuant to Clause 2, Article 19 of the Law on Citizenship of Vietnam and Article 8 of this Decree must submit the following documents:
a) [6] In case they have a spouse who is a Vietnamese citizen, they must submit a copy of the Marriage Certificate or a Certificate of Marital Status; if they have a parent or child who is a Vietnamese citizen, they must submit a copy of the Birth Certificate or other valid documents proving the parent-child relationship, provided that the receiving authority cannot extract information proving marital status or parent-child relationships from the Electronic Household Registry Database or the National Population Database.
b) Individuals with special contributions to the cause of building and defending the Fatherland of Vietnam, or whose acquisition of Vietnamese citizenship would be beneficial to the Socialist Republic of Vietnam, as stipulated in Article 8 of this Decree, must submit documents proving their corresponding situation.
3. Individuals applying for Vietnamese citizenship while concurrently requesting to retain foreign citizenship under the special circumstances specified in Article 9 of this Decree must provide documents proving they meet the conditions for acquiring Vietnamese citizenship as prescribed in Clause 1, Article 9, documents issued by competent authorities in Vietnam or abroad to prove the conditions set forth in Clauses 2, 3, and 4, Article 9, and a commitment statement by the individual regarding the provisions set out in Clause 5, Article 9 of this Decree.
4. Applications for Vietnamese citizenship must be prepared in three sets and stored at the Office of the President, the Ministry of Justice, and the agency processing the application.
Article 11. Responsibilities of the Ministry of Justice in handling applications for Vietnamese citizenship according to Clause 3, Article 21 of the Law on Citizenship of Vietnam
1. Within the time limit prescribed in Clause 3, Article 21 of the Law on Citizenship of Vietnam, if the Ministry of Justice finds that the application for Vietnamese citizenship is incomplete or the applicant does not meet the conditions for acquiring Vietnamese citizenship, it shall notify the People's Committee of the province or centrally-administered city (hereinafter referred to as the Provincial People's Committee) in writing, and simultaneously send a copy to the Department of Justice to guide the applicant to supplement the application and fulfill the necessary conditions. Within five working days from the date of receipt of the notification from the Ministry of Justice, the Department of Justice shall issue a written guidance to the applicant to supplement the application and fulfill the necessary conditions.
For cases where individuals apply for Vietnamese citizenship while concurrently requesting to retain foreign citizenship without sufficient documents proving special circumstances as prescribed in Clauses 2, 3, 4, and 5, Article 9 of this Decree, the Ministry of Justice shall notify the Provincial People's Committee to require such individuals to renounce their foreign citizenship.
2. Within nine months from the date the Ministry of Justice issues the notification as prescribed in Clause 1 of this Article, if the applicant for Vietnamese citizenship fails to supplement the application, fulfill the necessary conditions, or submit a document from a competent foreign authority renouncing their foreign citizenship, it shall be deemed that the applicant has ceased to pursue Vietnamese citizenship and the Ministry of Justice will return the application. The nine-month period does not count towards the time limit for resolving the application as prescribed in Clause 3, Article 21 of the Law on Citizenship of Vietnam.
3. When examining applications for Vietnamese citizenship while concurrently requesting to retain foreign citizenship under special circumstances as prescribed in Article 9 of this Decree, if the application is complex or involves political security, the Ministry of Justice shall seek opinions from relevant ministries and agencies before reporting to the Prime Minister for submission to the President for consideration and decision.
4. After the application for Vietnamese citizenship is complete and valid, the Minister of Justice, acting on behalf of the Prime Minister, shall sign a Report for submission to the President for consideration regarding the grant of Vietnamese citizenship, except in cases as prescribed in Clause 3 of this Article.
The provision regarding the Minister of Justice, acting on behalf of the Prime Minister, signing the Petition for submission to the President also applies to the submission of applications for reacquiring Vietnamese nationality and applications for renouncing Vietnamese nationality.
5. The procedures for handling applications for Vietnamese citizenship while concurrently requesting to retain foreign citizenship as prescribed in Clauses 1, 2, and 3 of this Article also apply when handling applications for reacquiring Vietnamese citizenship while concurrently requesting to retain foreign citizenship as prescribed in Article 14 of this Decree.
Article 12. Issuing the Decision to Acquire Vietnamese Citizenship
After receiving the Decision of the State President granting Vietnamese citizenship and the notification from the Ministry of Justice, the People's Committee of the province shall direct the Department of Justice to organize the ceremony for presenting the Decision to grant Vietnamese citizenship to the person acquiring Vietnamese citizenship in a solemn and meaningful manner, appropriate to the actual situation in the locality.
Section 2. RETURNING TO VIETNAMESE CITIZENSHIP
Article 13. Conditions for returning to Vietnamese citizenship as stipulated in points c, d, and đ, Clause 1, Article 23 of the Law on Vietnamese Citizenship
1. The conditions for returning to Vietnamese citizenship for persons who have made special contributions to the cause of building and defending the Fatherland of Vietnam and those whose return to Vietnamese citizenship is beneficial to the Socialist Republic of Vietnam shall be applied accordingly as prescribed in Article 8 of this Decree.
2. Persons implementing investment in Vietnam must have an investment project that has been granted an investment certificate by the competent authority of Vietnam.
Article 14. Special cases of requesting to return to Vietnamese citizenship while retaining foreign citizenship as stipulated in Clause 5, Article 23 of the Law on Vietnamese Citizenship
A person requesting to return to Vietnamese citizenship under one of the circumstances specified in Clause 5, Article 23 of the Law on Vietnamese Citizenship, if meeting all of the following conditions, shall be considered a special case to be submitted to the State President for consideration of granting Vietnamese citizenship without relinquishing foreign citizenship:
1. Meeting the conditions for returning to Vietnamese citizenship as prescribed by the Law on Vietnamese Citizenship.
2. The request to retain foreign citizenship when returning to Vietnamese citizenship is in accordance with the laws of the foreign country.
3. Relinquishing foreign citizenship would result in the loss of rights and interests of the person in the country of foreign citizenship.
4. Not using foreign citizenship to harm the legitimate rights and interests of agencies, organizations, and individuals; national security, interests, social order, and safety of the Socialist Republic of Vietnam.
Article 15. Some Documents in the Application for Returning to Vietnamese Citizenship
1.[7] The document proving that the person applying to return to Vietnamese citizenship once had Vietnamese citizenship as stipulated in point đ, Clause 1, Article 24 of the Law on Vietnamese Citizenship is one of the following documents:
a) Documents proving that the President of the State has granted permission to renounce Vietnamese citizenship or that Vietnamese citizenship was revoked;
b) Documents issued, certified, or confirmed by competent authorities in Vietnam, which include the notation of Vietnamese citizenship or documents having value to prove previous Vietnamese citizenship of the person.
If information about the previous Vietnamese citizenship status of the person applying to return to Vietnamese citizenship can be obtained from the Electronic Household Registration Database or the National Population Registry, the receiving agency will not require the person to submit the aforementioned documents.
2. The document proving that the person meets the conditions for returning to Vietnamese citizenship as stipulated in points b, c, đ, e, Clause 1, Article 23 of the Law on Vietnamese Citizenship is one of the following documents:
a) The document proving that the person applying to return to Vietnamese citizenship has a spouse, father, mother, or child who is a Vietnamese citizen as stipulated in point a, Clause 2, Article 10 of this Decree;
b) The document proving that the person applying to return to Vietnamese citizenship has made special contributions to the cause of building and defending the Fatherland of Vietnam or that their return to Vietnamese citizenship is beneficial to the Socialist Republic of Vietnam as stipulated in Clause 1, Article 13 of this Decree, then the corresponding document shall be submitted;
c) The document proving the implementation of investment in Vietnam as stipulated in Clause 2, Article 13 of this Decree;
d) In the case where the person applying to return to Vietnamese citizenship has relinquished Vietnamese citizenship to acquire foreign citizenship but was not granted foreign citizenship, they must provide a document issued by the competent authority of the foreign country confirming the reason for not being granted foreign citizenship. If the failure to obtain foreign citizenship is due to the person's own fault, a guarantee letter from one of their parents, spouse, children, or siblings who are Vietnamese citizens residing in Vietnam must be provided, along with a voluntary residence application from the person.
3. A person applying to return to Vietnamese citizenship while retaining foreign citizenship must provide the document proving that they meet the conditions for returning to Vietnamese citizenship as stipulated in Clause 1, Article 14, the document issued by the competent authority of Vietnam or the foreign country proving the conditions as stipulated in Clauses 2 and 3, Article 14, and the applicant’s commitment regarding the content stipulated in Clause 4, Article 14 of this Decree.
4.[8] An underage child accompanying their parents in returning to Vietnamese citizenship must submit a copy of the child's birth certificate or other valid document proving the parent-child relationship, in cases where the receiving agency cannot extract such information from the Electronic Household Registration Database or the National Population Registry. If only the father or mother returns to Vietnamese citizenship and the underage child lives with them, a written agreement between the parents regarding the child's application to return to Vietnamese citizenship must be submitted. The agreement must bear signatures of both parents, which need not be notarized, but the person submitting the application for the child must be responsible for the accuracy of the other party's signature.
In cases where the parents are deceased, incapacitated, or partially incapacitated, the written agreement may be replaced by a document proving the death, incapacity, or partial incapacity of the parents.
5. The application for returning to Vietnamese citizenship must be prepared in three copies and stored at the Office of the State President, the Ministry of Justice, and the agency handling the application.
Article 16. Verification of Applications to Reacquire Vietnamese Nationality
1.[9] In cases where it is necessary to verify the identity of individuals applying to reacquire Vietnamese nationality as stipulated in Clause 3, Article 25 of the Vietnamese Nationality Law, the Ministry of Justice shall issue a document specifying the contents requested for verification by the Ministry of Public Security.
2. Within forty-five days from the date of receipt of the request document from the Ministry of Justice, the Ministry of Public Security shall be responsible for verifying and replying with a written result to the Ministry of Justice.
Section 3. LOSS OF VIETNAMESE NATIONALITY
Article 17. Cases Where Vietnamese Nationality Has Not Been Renounced According to Point a, Clause 2, Article 27 of the Vietnamese Nationality Law
During the process of handling and examining applications, if there is a document from a tax management agency or a legitimate creditor organization or individual stating that the person still owes taxes, money, or assets, the competent authority shall not accept or examine the application to renounce Vietnamese nationality.
Article 18. Certain Documents in Applications to Renounce Vietnamese Nationality
1.[10The document confirming that the person applying to renounce Vietnamese nationality is undergoing procedures to acquire foreign nationality as stipulated in Point d, Clause 1, Article 28 of the Vietnamese Nationality Law is a document issued or guaranteed by the competent authority of the foreign country certifying that the person will obtain foreign nationality; in cases where the person applying to renounce Vietnamese nationality already holds foreign nationality, they must submit a copy of their Passport or other personal identification document issued by the competent authority of the foreign country to prove that they hold foreign nationality.
1a. The document proving that the person applying to renounce Vietnamese nationality holds Vietnamese nationality is a copy of the Vietnamese Passport, Citizen Identity Card, Citizen Card, Electronic Identity Card, Identity Card, or other document specified in Article 11 of the Vietnamese Nationality Law, in situations where the receiving authority cannot extract information proving Vietnamese nationality from the Electronic Household Registration Database or the National Population Database.
2. The document specified in Point g, Clause 1, Article 28 of the Vietnamese Nationality Law is a confirmation letter from the head of the agency or unit that has issued a decision on retirement, termination of employment, removal from office, discharge, or demobilization, based on the regulations of the sector, to confirm that renouncing Vietnamese nationality by that person does not affect national security or confidentiality or contravene the regulations of that sector.
3.[11] A copy of the Birth Certificate of the minor child who is renouncing Vietnamese nationality along with their parent(s), or other valid documents proving the parent-child relationship, in cases where the receiving authority cannot extract information proving the parent-child relationship from the Electronic Household Registration Database or the National Population Database. If only the father or mother is renouncing Vietnamese nationality while the minor child living with them is renouncing Vietnamese nationality along with the parent, then a consent agreement signed by both parents regarding the application to renounce Vietnamese nationality for the child must be submitted. The consent agreement does not require notarization; the applicant for renouncing Vietnamese nationality for the child must bear responsibility for the accuracy of the other party's signature.
In cases where the parents are deceased, incapacitated, or partially incapacitated, the written agreement may be replaced by a document proving the death, incapacity, or partial incapacity of the parents.
Applications to renounce Vietnamese nationality must be prepared in three copies and stored at the Office of the President, the Ministry of Justice, and the agency handling the application.
Article 19. Handling applications to renounce Vietnamese nationality where supporting documents for foreign citizenship have expired
Clause 1. Where supporting documents for foreign citizenship have expired, the Ministry of Justice shall send a document to the representative agency to notify the applicant to apply for an extension or issuance of new documents.
2. The representative agency shall provide assistance to the applicant to renew or obtain new supporting documents for foreign nationality acquisition if requested.
Clause 3. The applicant for renunciation of Vietnamese nationality shall submit the extended or newly issued supporting documents for foreign citizenship to the representative agency for transfer to the Ministry of Justice.
Article 20. Responsibilities of agencies, organizations, and individuals in reporting cases where renunciation of Vietnamese nationality is not granted or denied
Within sixty days from the date the Department of Justice publishes information about the applicant for renunciation of Vietnamese nationality as prescribed in Clause 2, Article 29 of the Law on Nationality, the police agency, civil enforcement agency, tax management agency, or other agencies, organizations, or individuals, if they discover that the applicant for renunciation of Vietnamese nationality falls under the cases where renunciation is not granted or denied as stipulated in Clauses 2, 3, and 4 of Article 27 of the Law on Nationality and Article 17 of this Decree, must promptly report to the Department of Justice which published the information.
Article 21. Verification of the identity of applicants for renunciation of Vietnamese nationality
Clause 1. Where the applicant for renunciation of Vietnamese nationality does not fall within the category exempted from identity verification procedures as prescribed in Article 30 of the Law on Nationality, the Ministry of Justice shall issue a document specifying the contents requested for verification by the Ministry of Public Security.
Clause 2. Within forty-five working days from the date of receipt of the request from the Ministry of Justice, the Ministry of Public Security shall be responsible for verifying and replying with a written result to the Ministry of Justice.
Section 4. STRIPPING OF NATIONALITY, CANCELLATION OF DECISIONS TO GRANT NATIONALITY
Article 22. Application dossier for stripping Vietnamese nationality
Clause 1. Where the People's Committee of a province or the representative agency proposes to strip Vietnamese nationality from a person who has committed acts as prescribed in Clause 1 of Article 31 of the Law on Nationality, the application dossier shall include:
Point a) A proposal document from the People's Committee of a province or the representative agency regarding the stripping of Vietnamese nationality;
b) Investigation, verification, and conclusion documents from the competent authority regarding the violation committed by the person proposed to have their nationality stripped;
Point c) Complaint letters against the person proposed for stripping of Vietnamese nationality, if any.
Clause 2. Where a court has convicted a defendant of committing acts as prescribed in Clause 1 of Article 31 of the Law on Nationality and proposes to strip Vietnamese nationality from that person, the application dossier shall include:
a) A proposal document from the court regarding the stripping of Vietnamese nationality;
b) The final judgment and related documents.
Article 23. Application dossier for cancellation of decisions to grant Vietnamese nationality
Clause 1. Where the People's Committee of a province proposes to cancel the decision to grant Vietnamese nationality to a person who has committed acts as prescribed in Clause 1 of Article 33 of the Law on Nationality, the application dossier shall include:
Point a) A proposal document from the People's Committee of a province regarding the cancellation of the decision to grant Vietnamese nationality;
Point b) Investigation, verification, and conclusion documents from competent authorities regarding the violation committed by the person proposed for cancellation of the decision to grant Vietnamese nationality;
Point c) Complaint letters against the person proposed for cancellation of the decision to grant Vietnamese nationality, if any.
Clause 2. Where a court has convicted a defendant of committing acts as prescribed in Clause 1 of Article 33 of the Law on Nationality and proposes to cancel the decision to grant Vietnamese nationality to that person, the application dossier shall include:
Point a) A proposal document from the court regarding the cancellation of the decision to grant Vietnamese nationality;
b) The final judgment and related documents.
Chapter III. ANNOUNCEMENT OF RESULTS OF CITIZENSHIP RESOLUTIONS
Article 24. Notification regarding acquisition, resumption, renunciation, deprivation of citizenship, and revocation of decisions to grant Vietnamese citizenship
1. Within ten working days from the date of receipt of the Decision to grant Vietnamese citizenship, the Ministry of Justice shall send a notification letter along with a copy of the Decision to grant Vietnamese citizenship to the People's Committee of the province where the file was processed, for the organization of the ceremony to hand over the Decision to grant Vietnamese citizenship.
The handing over of the Decision to grant Vietnamese citizenship shall be carried out in accordance with the provisions of Article 12 of this Decree.
2. The notification of the Decision to resume, renounce, deprive of citizenship, and revoke the decision to grant Vietnamese citizenship shall be implemented as follows:
Within ten working days from the date of receipt of the Decision to resume, renounce, deprive of citizenship, and revoke the decision to grant Vietnamese citizenship, the Ministry of Justice shall send a notification along with a copy of the Decision to the person who resumes, renounces citizenship, is deprived of citizenship, or has their decision to grant Vietnamese citizenship revoked, while also sending it to the People's Committee of the province where the file was processed for monitoring, management, and statistical purposes of the resolved citizenship matters.
In cases where applications to resume, renounce, or deprive of Vietnamese citizenship are processed by the Representative Office, after receiving the notification from the Ministry of Justice, the Representative Office shall be responsible for notifying the person who renounces, resumes citizenship, or is deprived of Vietnamese citizenship of the results of the corresponding citizenship matter resolution. The Representative Office shall recover the Vietnamese Passport, Identity Card, Citizen Identification Card, Citizen Card, and Electronic Citizen Card[12] of the person who renounces citizenship, or is deprived of Vietnamese citizenship in accordance with relevant laws.
3. The person who renounces citizenship, is deprived of citizenship, or has their decision to grant Vietnamese citizenship revoked shall cooperate with the Public Security agency to complete procedures to deregister permanent residence, return the Vietnamese Passport, Identity Card, Citizen Identification Card, Citizen Card, and Electronic Citizen Card[13] in accordance with relevant laws.
4. The person who acquires or resumes Vietnamese citizenship, if requested, may register residence, obtain a Vietnamese Passport, Identity Card, Citizen Identification Card, Citizen Card, and Electronic Citizen Card[14] in accordance with relevant laws.
Article 25. Notification and Entry into Household Register Regarding Changes in Citizenship
1. Within ten working days from the date of receipt of the Decision to renounce citizenship, deprive of citizenship, or revoke the decision to grant Vietnamese citizenship, the Ministry of Justice shall notify in writing the Department of Justice or the Representative Office where the household registration was previously recorded, to make a note or guide on making a note in the household register. The content of the note includes: the Decision number; the date of issuance of the Decision; the content of the Decision; the officer making the note must sign, write their full name and the date of the note. In cases where the household registration was conducted at the Representative Office but the household register has been transferred to the Ministry of Foreign Affairs for storage, the Ministry of Foreign Affairs shall make the note.
2. In cases where the person who resumes Vietnamese citizenship had previously noted the renunciation or deprivation of Vietnamese citizenship in the household register, or the person who acquires Vietnamese citizenship had previously registered household registration with the competent authority of Vietnam, the notification and entry into the household register due to resuming or acquiring Vietnamese citizenship shall also be implemented according to the provisions of Clause 1 of this Article.
3. In cases where the Representative Office or the Department of Justice receives a notification to make a note but cannot retain the previous household register, they shall notify the Ministry of Justice for monitoring and management.
Article 26. Notification to the Ministry of Public Security of the results of handling matters related to nationality
1. Within ten working days from the date of the Decision on granting or restoring Vietnamese nationality, the Ministry of Justice shall notify the Ministry of Public Security to direct the competent public security agencies to register residence, issue Vietnamese passports, citizen identification cards, citizen cards, electronic identification cards for persons granted or restored Vietnamese nationality in accordance with the provisions of the law.[15] for persons granted Vietnamese nationality or reacquired Vietnamese nationality in accordance with the provisions of the law.
2. In cases where persons who have been deprived of their Vietnamese nationality, had their Vietnamese nationality revoked, or had their decision on granting Vietnamese nationality annulled are residing in Vietnam or have previously resided in Vietnam, within ten working days from the date of the Decision on deprivation of nationality, revocation of nationality, or annulment of the decision on granting nationality, the Ministry of Justice shall notify the Ministry of Public Security to direct the competent public security agencies to cancel permanent residence registration, recover Vietnamese passports, identity cards, citizen identification cards, citizen cards, and electronic identification cards of such persons in accordance with the provisions of the law.[16] of that person in accordance with the provisions of the law.
Chapter IV. REGISTRATION TO BE DETERMINED AS A VIETNAMESE NATIONAL, ISSUE OF CERTIFICATE OF VIETNAMESE NATIONALITY, ISSUE OF CERTIFICATE OF VIETNAMESE DESCENT
Section 1. REGISTRATION TO BE DETERMINED AS A VIETNAMESE NATIONAL
Article 27. Registration to be determined as a Vietnamese national
Vietnamese citizens residing abroad who have not lost Vietnamese nationality under Vietnamese law before July 1, 2009 and do not have documents proving Vietnamese nationality as stipulated in Article 11 of the Law on Nationality of Vietnam, if they request, shall register with the representative office or place of residence to be determined as having Vietnamese nationality (hereinafter referred to as the person requesting determination of Vietnamese nationality).
Article 28. Legal documents and papers serving as the basis for determining Vietnamese nationality
1. Based on the year of birth, place of birth or residence of the person requesting determination of Vietnamese nationality and the historical circumstances of each period, the representative office shall apply the corresponding legal documents below to determine Vietnamese nationality of that person:
a) Decree No. 53/SL dated October 20, 1945 on Vietnamese nationality;
b) Decree No. 73/SL dated December 7, 1945 on the procedure for acquiring Vietnamese nationality;
c) Decree No. 25/SL dated February 25, 1946 amending Decree No. 53/SL dated October 20, 1945 on Vietnamese nationality;
d) Decree No. 215/SL dated August 20, 1948 establishing special benefits for foreign nationals who contributed to the Vietnamese resistance war;
đ) Decree No. 51/SL dated December 14, 1959 abolishing Articles 5 and 6 of Decree No. 53/SL dated October 20, 1945 on Vietnamese nationality;
e) Resolution No. 1043/NQ-TVQHK6 dated February 8, 1971 of the Standing Committee of the National Assembly on requests to renounce or acquire Vietnamese nationality;
g) Decision No. 268/TTg dated September 12, 1980 of the Government Prime Minister on policies for renouncing and returning to Vietnamese nationality for overseas Vietnamese;
h) The Law on Nationality of Vietnam in 1988 and guiding documents for implementation;
i) The Law on Nationality of Vietnam in 1998 and guiding documents for implementation;
k) The Law on Nationality of Vietnam in 2008 and guiding documents for implementation;
l) Relevant international treaties on nationality to which Vietnam is a member.
2. Papers serving as the basis for determining Vietnamese nationality include:
a) Papers on nationality, household registration, domicile registration, identification or other papers issued by competent authorities of Vietnam to Vietnamese citizens during various periods from 1945 to before July 1, 2009, indicating Vietnamese nationality or information related to nationality and Vietnamese citizens;
b) Papers on nationality, household registration, domicile registration, identification or other papers issued by the old regime in southern Vietnam before April 30, 1975 or papers issued by the old regime in Hanoi from 1911 to 1956, indicating Vietnamese nationality or information related to nationality and Vietnamese citizens.
Article 29. Procedures and formalities for registration to be recognized as having Vietnamese nationality
1. The person requesting recognition of Vietnamese nationality shall prepare one set of application documents, including a declaration form according to the prescribed model, accompanied by four 4x6 photographs taken within the last six months and copies of the following documents:
a) Personal identity documents such as Identity Card, Citizen Identification Card, Citizen Card, Electronic Citizen Identification[17], residence certificates, temporary residence cards, travel documents, international travel documents, or personal identity confirmation documents with attached photographs issued by competent authorities;
b) Documents specified in Clause 2, Article 28 of this Decree.
2. Within five working days from the date of accepting the application, the representative agency shall be responsible for checking the application, directly searching or sending a letter to the Ministry of Foreign Affairs to request the Ministry of Justice to search for nationality; within ten working days, the Ministry of Justice shall conduct the search and reply to the Ministry of Foreign Affairs. If there are grounds to determine that the person has Vietnamese nationality and is not listed in the list of those who have renounced, had their nationality revoked, or had their decision to acquire Vietnamese nationality annulled, they shall be recorded in the register of persons recognized as having Vietnamese nationality. In case the person requests issuance of a Vietnamese passport, the representative agency shall process the issuance of the passport for them or notify them to come to the representative agency to process the issuance of the passport if the application is submitted through the postal system. The issuance of the passport shall be carried out in accordance with relevant laws.
For cases where only registration to be recognized as having Vietnamese nationality is requested without requesting issuance of a Vietnamese passport, after recording in the register recognizing the person's Vietnamese nationality, the representative agency shall issue them a copy of the record according to the prescribed model.
If at a later time the person requests issuance of a Vietnamese passport, the representative agency shall issue the passport for them in accordance with relevant laws.
3. Within the time limit stipulated in Clause 2 of this Article, if there are insufficient grounds to determine Vietnamese nationality, the representative agency shall send a letter to the Ministry of Foreign Affairs requesting the Ministry of Justice to search and the Ministry of Public Security to verify. Within forty-five days from the date of receipt of the request, the Ministry of Justice and the Ministry of Public Security shall conduct searches and verifications and reply to the Ministry of Foreign Affairs.
Within five working days from the date of receiving the search and verification results, the Ministry of Foreign Affairs shall notify the representative agency to complete the determination of whether the applicant has Vietnamese nationality.
If there is no basis to determine Vietnamese nationality, the authority handling the application shall inform the applicant in writing.
Section 2. ISSUANCE OF CERTIFICATE OF VIETNAMESE NATIONALITY
Article 30. Authority to Issue Certificate of Vietnamese Nationality[18]
The person requesting issuance of a Certificate of Vietnamese Nationality shall submit the application to the Department of Justice or the representative agency where the person resides at the time of submission.
Article 31. Procedures and Formalities for Issuance of Certificate of Vietnamese Nationality
1. The person requesting issuance of a Certificate of Vietnamese Nationality shall prepare one set of application documents, including a declaration form according to the prescribed model, accompanied by two 4x6 photographs taken within the last six months and copies of the following documents:
a) Personal identity documents such as Identity Card, Citizen Identification Card, Citizen Card, Electronic Citizen Identification[19], residence certificates, temporary residence cards, travel documents, international travel documents, or personal identity confirmation documents with attached photographs issued by competent authorities;
b) [20] Documents proving Vietnamese nationality as stipulated in Article 11 of the Law on Vietnamese Nationality or similar documents issued by previous authorities, including birth certificates in which the nationality section is either absent or left blank but bear the Vietnamese name of the applicant and their parents, in cases where the receiving authority cannot extract information proving the applicant's Vietnamese nationality from the electronic household registry database or the national population database.
c) In cases where there are no documents proving Vietnamese nationality as stipulated in point b, Clause 1 of this Article, the applicant must prepare a personal history statement, accompanied by one of the documents specified in Clause 2, Article 28 of this Decree as a basis for verifying Vietnamese nationality.
2. The procedures for checking, verifying, and searching for Vietnamese nationality shall be carried out as follows:
a) For cases where there are documents proving Vietnamese nationality, if the application is submitted to the Department of Justice, within five working days from the date of accepting the application, the Department of Justice shall check the application, directly search or send a letter to the Ministry of Justice to request a search for Vietnamese nationality; within ten working days, the Ministry of Justice shall conduct the search and reply to the Department of Justice. If there are doubts about the authenticity of the documents proving Vietnamese nationality, the Department of Justice shall request the issuing authority to verify; within ten days from the date of receipt of the Department of Justice's request, the issuing authority shall conduct the verification and reply to the Department of Justice.
If the application is submitted to the representative agency, within five working days from the date of accepting the application, the representative agency shall check the application, directly search or send a letter to the Ministry of Foreign Affairs to request the Ministry of Justice to search for Vietnamese nationality; within ten working days, the Ministry of Justice shall conduct the search and reply. If there are doubts about the authenticity of the documents proving Vietnamese nationality issued by domestic competent authorities, the representative agency shall send a letter to the Ministry of Foreign Affairs to request the issuing authority to verify; within ten days from the date of receipt of the Ministry of Foreign Affairs' request, the receiving authority shall conduct the verification and reply to the Ministry of Foreign Affairs. Within five working days from the date of receipt of the search and verification results, the Ministry of Foreign Affairs shall notify the representative agency in writing.
b) For cases where there are no documents proving Vietnamese nationality, but there are documents specified in Clause 2, Article 28 of this Decree, if the application is submitted to the Department of Justice, within five working days from the date of accepting the application, the Department of Justice shall proactively search or request the Ministry of Justice to search for Vietnamese nationality, within ten working days, the Ministry of Justice shall conduct the search and reply to the Department of Justice. At the same time, the Department of Justice shall send a letter to the local public security authority to verify the personal identity of the applicant; within forty-five working days from the date of receipt of the Department of Justice's request, the public security authority shall conduct the verification and reply to the Department of Justice.
If the application is submitted to the Representative Office, within five working days from the date of accepting the application, the Representative Office shall proactively search or attach a copy of the documents and information provided by the applicant to the Ministry of Foreign Affairs to request the Ministry of Justice and the Ministry of Public Security to search and verify the identity of the applicant. Within ten working days, the Ministry of Justice shall conduct the search and provide a written response to the Ministry of Foreign Affairs; for verification and providing the results of verification by the Ministry of Public Security, the deadline is forty-five days. Within five working days from the date of receiving the search and verification results, the Ministry of Foreign Affairs shall notify the Representative Office in writing.
3. Within five working days from the date of receiving the search and verification results as prescribed in Clause 2 of this Article, if there are sufficient grounds to determine Vietnamese nationality and the person is not listed in the list of persons who have renounced Vietnamese nationality, had their Vietnamese nationality revoked, or had their decision to acquire Vietnamese nationality annulled, the agency accepting the application shall record in the Register of Issuance of Certificates of Vietnamese Nationality; the head of the agency shall sign and issue the Certificate of Vietnamese Nationality according to the prescribed form to the applicant.
If there is no basis for issuing a Certificate confirming Vietnamese nationality, the agency handling the application shall inform the applicant in writing.
Section 3. ISSUANCE OF CERTIFICATE AS A PERSON OF VIETNAMESE ORIGIN
Article 32. Competence to Issue Certificate as a Person of Vietnamese Origin[21]
The applicant for a Certificate as a Person of Vietnamese Origin submits the application at the Department of Justice or the Representative Office where the applicant resides at the time of submission.
Article 33. Procedures and Formalities for Issuing Certificate as a Person of Vietnamese Origin
1. The applicant for a Certificate as a Person of Vietnamese Origin prepares one set of application materials, including the Application Form according to the prescribed model, accompanied by two 4x6 photographs taken within six months and copies of the following documents:
a) Personal identity documents such as Identity Card, Citizen Identification Card, Citizen Card, Electronic Citizen Identification[22], residence certificates, temporary residence cards, travel documents, international travel documents, or personal identity confirmation documents with attached photographs issued by competent authorities;
b)[23] Documents issued previously to prove that the person once had Vietnamese nationality, which was determined based on the principle of bloodline at birth, or documents proving that the person's parents or grandparents were Vietnamese nationals, in cases where the receiving authority cannot extract such information from the Electronic Household Registration Database or the National Population Database.
In case there are no such documents mentioned above, depending on specific circumstances, copies of documents regarding personal identity, nationality, and household registration issued by the previous regime in South Vietnam before April 30, 1975; documents issued by the old government in Hanoi from 1911 to 1956; letters of sponsorship from Vietnamese associations abroad where the person resides, confirming that the person has Vietnamese origin; letters of sponsorship from Vietnamese nationals, confirming that the person has Vietnamese origin; documents issued by foreign authorities indicating Vietnamese nationality or Vietnamese origin may be submitted.
2. Within five working days from the date of accepting the application, the agency accepting the application shall be responsible for examining and verifying the information in the application with the documents presented by the applicant and comparing them with relevant databases and documents related to nationality. If there are sufficient grounds to determine that the person has Vietnamese origins, the agency accepting the application shall record in the Register of Issuance of Certificates as a Person of Vietnamese Origin; the head of the agency shall sign and issue the Certificate as a Person of Vietnamese Origin according to the prescribed form to the applicant.
If there is no basis for issuing a Certificate confirming Vietnamese origin, the agency handling the application shall notify the applicant in writing.
Chapter V. RESPONSIBILITIES OF AUTHORITIES IN NATIONAL ADMINISTRATION REGARDING NATIONALITY
Article 34. Responsibilities of the Ministry of Justice
The Ministry of Justice assists the Government in uniformly managing state affairs concerning nationality, with the following tasks and powers:
1. Issuing or proposing to competent authorities to issue normative legal documents on nationality and organizing the implementation of laws on nationality.
2. Directing, guiding, training, and enhancing the professional skills regarding nationality for officials and civil servants involved in nationality work.
3. Promoting, disseminating, and educating the public about laws on nationality.
4. Issuing, guiding the use, and managing templates for nationality registers and nationality-related documents.
5. Inspecting, supervising, and resolving matters related to Vietnamese nationality within its authority, handling complaints and accusations, and dealing with violations concerning nationality as stipulated.
6. Reviewing applications and coordinating with the Ministry of Public Security in verifying nationality-related applications as stipulated by law.
7. Leading and coordinating with the Ministry of Foreign Affairs and the Ministry of Public Security in negotiating and signing international treaties on nationality.
8. Researching and applying information technology in state management concerning nationality and processing nationality-related files.
9. Keeping records of nationality-related files.
10. Summarizing situations and compiling statistics on resolved nationality matters, reporting to the Prime Minister.
Article 35. Responsibilities of the Ministry of Foreign Affairs
1. The Ministry of Foreign Affairs collaborates with the Ministry of Justice in managing state affairs concerning nationality at diplomatic missions, with the following tasks and powers:
a) Directing and guiding diplomatic missions to uniformly implement legal regulations concerning nationality;
b) Inspecting and supervising nationality work at diplomatic missions;
c) Enhancing the professional skills of diplomats and consular officers in nationality matters;
d) Promoting and disseminating laws concerning nationality to overseas Vietnamese residents;
đ) Resolving complaints and accusations and handling violations concerning nationality within its authority;
e) Revoking and invalidating Vietnamese passports, identity cards, citizen identification cards, citizen cards, and electronic identification cards issued to individuals who have renounced Vietnamese nationality, had their nationality revoked, or had their decision to acquire Vietnamese nationality annulled according to the law while residing abroad;[24] f) Recovering other documents related to Vietnamese nationality issued by diplomatic missions contrary to legal provisions.
g) Compiling situations and statistics on resolved nationality matters at diplomatic missions, submitting them to the Ministry of Justice as prescribed.
2. Diplomatic missions perform the following tasks and powers:
a) Receiving and resolving applications to reacquire, renounce Vietnamese nationality, establishing files to request the President to revoke Vietnamese nationality, determining Vietnamese nationality status, issuing certificates confirming Vietnamese nationality, and issuing certificates confirming Vietnamese origin according to the law;
b) Assigning diplomats and consular officers to handle applications for nationality matters within their jurisdiction;
c) Promoting and disseminating laws concerning nationality to overseas Vietnamese citizens;
đ) Compiling situations and statistics on resolved nationality matters, reporting to the Ministry of Foreign Affairs as prescribed;
d) Maintaining nationality registers and nationality files;
e) Resolving complaints and accusations and handling violations concerning nationality within their authority.
Article 36. Responsibilities of the Ministry of Public Security
The Ministry of Public Security collaborates with the Ministry of Justice in the process of resolving nationality matters, with the following tasks and powers:
1. Reviewing and verifying or directing competent public security agencies to verify the personal background of individuals applying for acquisition, reacquisition, or renunciation of Vietnamese nationality, revocation of Vietnamese nationality, annulment of decisions to grant Vietnamese nationality, and determination of Vietnamese nationality status.
2. Directing competent public security agencies to verify the validity of documents issued by competent public security agencies that serve as proof of Vietnamese nationality as stipulated in Clause 2 and Clause 3, Article 11 of the Law on Nationality of Vietnam upon the request of the Department of Justice, diplomatic missions, or other competent agencies.
3. Directing the resolution of registration of residence, issuance of Vietnamese passports, identity cards, citizen identification cards, citizen cards, and electronic identification cards to individuals granted or reacquired Vietnamese nationality; removing registration of residence, recovering and invalidating Vietnamese passports, identity cards, citizen identification cards, citizen cards, and electronic identification cards of individuals who have renounced, had their nationality revoked, or had their decision to acquire Vietnamese nationality annulled according to the law.
4. Collaborating in handling violations of the law in resolving nationality matters.[25] 1. Provincial People's Committees manage state affairs concerning nationality at the local level, with the following tasks and powers:[26] a) Organizing the receipt and resolution of applications for acquisition, reacquisition, or renunciation of Vietnamese nationality, establishing files to request the President to revoke Vietnamese nationality, annul decisions to grant Vietnamese nationality, issuing certificates confirming Vietnamese nationality, and issuing certificates confirming Vietnamese origin according to the law;
b) Promoting and disseminating laws concerning nationality;
Article 37. Responsibilities of Provincial People's Committees
c) Keeping nationality registers and nationality-related files;
d) Resolving complaints and accusations and handling violations of the law concerning nationality within their authority;
đ) Compiling situations and statistics on resolved nationality matters, reporting to the Ministry of Justice as prescribed;
e) Organizing the presentation of the President's decision to grant Vietnamese nationality solemnly and meaningfully;
g) Recovering nationality-related documents issued by the Department of Justice contrary to legal provisions.
2. The Department of Justice assists the Provincial People's Committee in performing the tasks and powers specified in points a, b, c, đ, and e of Clause 1 of this Article.
Files concerning nationality received for processing before the effective date of this Decree but not yet resolved shall continue to be processed according to the provisions of Decree No. 78/2009/ND-CP dated September 22, 2009, of the Government detailing and guiding the implementation of certain articles of the Law on Nationality of Vietnam, and Decree No. 97/2014/ND-CP dated October 17, 2014, of the Government amending and supplementing certain articles of Decree No. 78/2009/ND-CP dated September 22, 2009, of the Government detailing and guiding the implementation of the Law on Nationality of Vietnam.
This Decree takes effect from March 20, 2020.
This Decree replaces Decree No. 78/2009/ND-CP dated September 22, 2009, of the Government detailing and guiding the implementation of certain articles of the Law on Nationality of Vietnam, and Decree No. 97/2014/ND-CP dated October 17, 2014, of the Government amending and supplementing certain articles of Decree No. 78/2009/ND-CP dated September 22, 2009, of the Government detailing and guiding the implementation of the Law on Nationality of Vietnam.
Article 38. Transitional Provisions
Files on nationality that were accepted for processing before this Decree takes effect and have not yet been resolved shall continue to be processed in accordance with the provisions of Government Decree No. 78/2009/NĐ-CP dated September 22, 2009, detailing and guiding the implementation of certain articles of the Law on Vietnamese Nationality, and Government Decree No. 97/2014/NĐ-CP dated October 17, 2014, amending and supplementing certain articles of Government Decree No. 78/2009/NĐ-CP dated September 22, 2009, detailing and guiding the implementation of the Law on Vietnamese Nationality.
Article 39. Effective date[27]
This Decree takes effect from March 20, 2020.
This Decree replaces Government Decree No. 78/2009/NĐ-CP dated September 22, 2009, detailing and guiding the implementation of certain articles of the Law on Vietnamese Nationality, and Government Decree No. 97/2014/NĐ-CP dated October 17, 2014, amending and supplementing certain articles of Government Decree No. 78/2009/NĐ-CP dated September 22, 2009, detailing and guiding the implementation of the Law on Vietnamese Nationality.
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, and Joint Circular No. 05/2013/TTLT/BTP-BNG-BCA dated January 31, 2013, amending and supplementing Article 13 of Joint Circular No. 05/2010/TTLT/BTP-BNG-BCA, shall cease to be effective from the date this Decree takes effect./.
| MINISTRY OF JUSTICE Number: 1066/VBHN-BTP
| CERTIFIED CONSOLIDATED DOCUMENT Hanoi, February 28, 2025
DEPUTY MINISTER |
___________________________________
[1] Decree No. 07/2025/NĐ-CP amending and supplementing certain articles of decrees in the field of household registration, nationality, and notarization is based on the following grounds for issuance:
"Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Articles of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;
Pursuant to the Civil Code on November 24, 2015;
Based on the Household Registration Law dated November 20, 2014;
Based on the Nationality Law of Vietnam dated November 13, 2008; the Law Amending and Supplementing Some Articles of the Nationality Law of Vietnam dated June 24, 2014;
At the proposal of the Minister of Justice;
The Government issues this Decree to amend and supplement certain articles of decrees in the field of household registration, nationality, and notarization.
[2] The phrase "Identity Card, Electronic Identity Card" is added according to Clause 9, Article 4 of Decree No. 07/2025/NĐ-CP amending and supplementing certain articles of decrees in the field of household registration, nationality, and notarization, which becomes effective from January 9, 2025.
[3] Clause 1 of Article 10 is amended according to Point a, Clause 1, Article 4 of Decree No. 07/2025/NĐ-CP amending and supplementing certain articles of decrees in the field of household registration, nationality, and notarization, which becomes effective from January 9, 2025.
[4] This point is amended and supplemented according to Point b, Clause 1, Article 4 of Decree No. 07/2025/NĐ-CP amending and supplementing certain articles of decrees in the field of household registration, nationality, and notarization, which becomes effective from January 9, 2025.
[5] This point is added according to Point c, Clause 1, Article 4 of Decree No. 07/2025/NĐ-CP amending and supplementing certain articles of decrees in the field of household registration, nationality, and notarization, which becomes effective from January 9, 2025.
[6] This point is amended and supplemented according to Point d, Clause 1, Article 4 of Decree No. 07/2025/NĐ-CP amending and supplementing certain articles of decrees in the field of household registration, nationality, and notarization, which becomes effective from January 9, 2025.
[7] This clause is amended and supplemented according to Clause 2, Article 4 of Decree No. 07/2025/NĐ-CP amending and supplementing certain articles of decrees in the field of household registration, nationality, and notarization, which becomes effective from January 9, 2025.
[8] This clause is amended and supplemented according to Clause 2, Article 4 of Decree No. 07/2025/NĐ-CP amending and supplementing certain articles of decrees in the field of household registration, nationality, and notarization, which becomes effective from January 9, 2025.
[9] This clause is amended according to Clause 3, Article 4 of Decree No. 07/2025/NĐ-CP amending and supplementing certain articles of decrees in the field of household registration, nationality, and notarization, which becomes effective from January 9, 2025.
[10] Clause 1a is added according to Point a, Clause 4, Article 4 of Decree No. 07/2025/NĐ-CP amending and supplementing certain articles of decrees in the field of household registration, nationality, and notarization, which becomes effective from January 9, 2025.
[11] This clause is amended and supplemented according to Point b, Clause 4, Article 4 of Decree No. 07/2025/NĐ-CP amending and supplementing certain articles of decrees in the field of household registration, nationality, and notarization, which becomes effective from January 9, 2025.
[12] The phrase "Identity Card, Electronic Identity Card" is added according to Clause 9, Article 4 of Decree No. 07/2025/NĐ-CP amending and supplementing certain articles of decrees in the field of household registration, nationality, and notarization, which becomes effective from January 9, 2025.
[13] The phrase "Identity Card, Electronic Identity Card" is added according to Clause 9, Article 4 of Decree No. 07/2025/NĐ-CP amending and supplementing certain articles of decrees in the field of household registration, nationality, and notarization, which becomes effective from January 9, 2025.
[14] The phrase "Identity Card, Electronic Identity Card" is added according to Clause 9, Article 4 of Decree No. 07/2025/NĐ-CP amending and supplementing certain articles of decrees in the field of household registration, nationality, and notarization, which becomes effective from January 9, 2025.
[15] The phrase "Identity Card, Electronic Identity Card" is added according to Clause 9, Article 4 of Decree No. 07/2025/NĐ-CP amending and supplementing certain articles of decrees in the field of household registration, nationality, and notarization, which becomes effective from January 9, 2025.
[16] The phrase "Identity Card, Electronic Identity Card" is added according to Clause 9, Article 4 of Decree No. 07/2025/NĐ-CP amending and supplementing certain articles of decrees in the field of household registration, nationality, and notarization, which becomes effective from January 9, 2025.
[17] The phrase "Identity Card, Electronic Identity Card" is added according to Clause 9, Article 4 of Decree No. 07/2025/NĐ-CP amending and supplementing certain articles of decrees in the field of household registration, nationality, and notarization, which becomes effective from January 9, 2025.
[18] This article is amended according to Clause 5, Article 4 of Decree No. 07/2025/NĐ-CP amending and supplementing certain articles of decrees in the field of household registration, nationality, and notarization, which becomes effective from January 9, 2025.
[19] The phrase "Identity Card, Electronic Identity Card" is added according to Clause 9, Article 4 of Decree No. 07/2025/NĐ-CP amending and supplementing certain articles of decrees in the field of household registration, nationality, and notarization, which becomes effective from January 9, 2025.
[20] This point is amended and supplemented according to Clause 6, Article 4 of Decree No. 07/2025/NĐ-CP amending and supplementing certain articles of decrees in the field of household registration, nationality, and notarization, which becomes effective from January 9, 2025.
[21] This provision has been amended pursuant to Clause 7, Article 4 of Decree No. 07/2025/NĐ-CP amending and supplementing certain provisions of several Decrees in the field of household registration, nationality, and notarization, which shall take effect from January 9, 2025.
[22] The phrase "Identity Card, Electronic Identity Card" is added according to Clause 9, Article 4 of Decree No. 07/2025/NĐ-CP amending and supplementing certain articles of decrees in the field of household registration, nationality, and notarization, which becomes effective from January 9, 2025.
[23] This point has been amended and supplemented pursuant to Clause 8, Article 4 of Decree No. 07/2025/NĐ-CP amending and supplementing certain provisions of several Decrees in the field of household registration, nationality, and notarization, which shall take effect from January 9, 2025.
[24] The phrase "Identity Card, Electronic Identity Card" is added according to Clause 9, Article 4 of Decree No. 07/2025/NĐ-CP amending and supplementing certain articles of decrees in the field of household registration, nationality, and notarization, which becomes effective from January 9, 2025.
[25] The phrase "Identity Card, Electronic Identity Card" has been added pursuant to Clause 9, Article 4 of Decree No. 07/2025/NĐ-CP amending and supplementing certain provisions of several Decrees in the field of household registration, nationality, and notarization, which shall take effect from January 9, 2025.
[26] The phrase "Identity Card, Electronic Identity Card" is added according to Clause 9, Article 4 of Decree No. 07/2025/NĐ-CP amending and supplementing certain articles of decrees in the field of household registration, nationality, and notarization, which becomes effective from January 9, 2025.
[27] Article 5 of Decree No. 07/2025/NĐ-CP amending and supplementing certain provisions of several Decrees in the field of household registration, nationality, and notarization, which shall take effect from January 9, 2025, provides as follows:
"1. This Decree shall take effect from the date of issuance.
2. Nationality files received before the effective date of this Decree that have not yet been resolved shall continue to be processed in accordance with Decree No. 16/2020/NĐ-CP.
3. The Ministry of Justice shall be responsible for guiding the implementation of this Decree.
4. The Minister, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of People's Committees at all levels, and individuals, agencies, and organizations related thereto shall be responsible for implementing this Decree."
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