Joint Circular No. 11/BKH-NG guiding procedures for confirming Vietnamese origin and criminal records of overseas Vietnamese investing in Vietnam under the Law on Encouraging Domestic Investment.

 JOINT CIRCULAR

Guidelines for Procedures to Confirm Vietnamese Origin and Criminal Record for Overseas Vietnamese Returning to Invest in Vietnam under the Law on Domestic Investment Incentives to facilitate overseas Vietnamese in confirming their Vietnamese origin and criminal record for investment in Vietnam under the Law on Domestic Investment Incentives as stipulated in Decree No. 29/CP dated May 12, 1995 of the Government detailing the implementation of the Law on Domestic Investment Incentives, the Ministry of Planning and Investment and the Ministry of Foreign Affairs hereby provide the following guidelines:

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Confirmation of Vietnamese Origin:

Article 1. Article 1.1. Vietnamese citizens residing abroad referred to in Article 2 of Decree No. 29/CP dated May 12, 1995 include those holding Vietnamese citizenship residing abroad and Vietnamese-origin individuals with foreign citizenship.

Those still holding valid Vietnamese passports do not need confirmation of Vietnamese origin. In cases where the individual only holds a foreign passport, they must be confirmed to have Vietnamese origin by one of the following authorities:

a. Diplomatic or consular agencies of Vietnam abroad;

b. Committee for Overseas Vietnamese;

c. Competent authority of the foreign country where the individual holds a foreign passport.

Article 1.2. Individuals applying for confirmation of Vietnamese origin at one of the Vietnamese authorities specified in point a and b of Clause 1.1 of this Article must meet the following conditions and procedures:

a. Submit an application for confirmation of Vietnamese origin (Form No. 01/NG-LS-UB attached hereto);

b. Present one of the valid documents (including those issued before 1975) such as birth certificate, identification card, citizen registration card, household registration book (or family book), marriage certificate, old passport, etc., proving that the individual currently or previously held Vietnamese citizenship or had a parent who currently or previously held Vietnamese citizenship;

c. Hold a valid foreign passport.

Article 2. Confirmation of Criminal Record:

Overseas Vietnamese (including those holding Vietnamese passports and those holding only foreign passports) returning to invest in Vietnam under the Law on Domestic Investment Incentives must have:

a. A confirmation from the competent authority of the foreign country where the individual resides stating that during the period of residence in that country, the individual is not currently subject to criminal prosecution, has not been convicted and not yet had the sentence expunged, and is not currently prohibited from engaging in business according to the judgment of a foreign court;

b. A commitment stating that during the period of residence in Vietnam (including before emigrating to reside abroad and when returning to Vietnam temporarily), the individual is not currently subject to criminal prosecution, has not been convicted and not yet had the sentence expunged, and is not currently prohibited from engaging in business according to the judgment of a Vietnamese court.

The documents confirming Vietnamese origin and criminal record issued by foreign countries or confirmed under point c of Clause 1.1 of Article 1 and point a of Article 2 of this Circular must be legalized by the competent authority as prescribed by Vietnamese law. These documents must be translated into Vietnamese and the translation must be certified by the competent authority as prescribed by Vietnamese law.

Article 3. Within ten working days from the date of receipt of complete and valid files, the competent authorities as prescribed by Vietnamese law must issue certificates confirming Vietnamese origin (Forms No. 02/NG-LS-UB and No. 03/NG-LS-UB attached hereto) or legalize the documents confirming Vietnamese origin and criminal record issued by foreign countries or confirmed.

Article 4. This Circular takes effect from the date of signature and replaces the relevant provisions concerning the confirmation of Vietnamese origin and criminal record in Circular No. 02 BKH/DN dated January 30, 1996 of the Ministry of Planning and Investment guiding the implementation of Decree No. 29/CP dated May 12, 1995 on the procedures for direct investment in Vietnam by overseas Vietnamese and foreigners residing long-term in Vietnam.

Article 5. Deputy Minister of Foreign Affairs