Decree No. 16/2020/NĐ-CP detailing certain provisions and measures for the implementation of the Law on Vietnamese Citizenship

THE GOVERNMENT --------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
Number: 16/2020/NĐ-CP	Hanoi, February 3, 2020

 

DECREE

DETAILING CERTAIN PROVISIONS AND MEASURES FOR THE IMPLEMENTATION OF THE LAW ON VIETNAMESE CITIZENSHIP

||| 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;

Pursuant to 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 measures for the implementation of the Law on Vietnamese Citizenship.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree details certain provisions and measures for the implementation of the Law on Vietnamese Citizenship regarding the acquisition, reacquisition, renunciation, deprivation of Vietnamese citizenship; cancellation of decisions to grant Vietnamese citizenship; notification of results in handling matters related to citizenship; registration to be determined as having Vietnamese citizenship; issuance of Certificates confirming Vietnamese citizenship; issuance of Certificates confirming 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 dossier for application to acquire, reacquire, renounce Vietnamese citizenship, and other matters related to Vietnamese citizenship issued by competent authorities of foreign countries must be legalized, except where exempted from legalization 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 handling matters related to citizenship

1. Persons applying to reacquire, renounce Vietnamese citizenship or handle other matters related to citizenship may submit the dossier directly or send it through the postal system to the competent authority accepting the dossier as prescribed by the Law on Vietnamese Citizenship and this Decree, without authorizing another person to submit the dossier. In cases where persons applying to reacquire, renounce Vietnamese citizenship or handle other matters related to citizenship reside in a country or territory without a diplomatic mission, consulate, or other agency authorized to perform consular functions abroad (hereinafter referred to as the Diplomatic Mission), they shall submit the dossier to the nearest Diplomatic Mission or the most convenient Diplomatic Mission.

Persons applying to acquire Vietnamese citizenship must submit the dossier directly at the Department of Justice where they reside.

Requests to handle matters related to citizenship for minors or persons with restricted civil capacity shall be made by their legal representatives or guardians.

2. Where the law requires submission of copies of documents, the person requesting the handling of matters related to citizenship 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, and 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 Register of Acceptance and issue a Receipt for Dossier 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 Receipt for Dossier to the person submitting the dossier through the postal system.

4. The agency accepting the dossier will prepare a complete list of documents in each dossier, accompanied by a list of persons requesting the handling of matters related to citizenship according to the prescribed form.

For dossiers for renouncing Vietnamese citizenship, the agency 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 exempted from verification of personal background, the validity period of documents ensuring eligibility for foreign citizenship must be at least 120 days from the date of acceptance of the dossier; where verification of personal background is required, the validity period must be at least 150 days from the date of acceptance of the dossier.

5. Results of handling matters related to citizenship 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 fee for delivery through the postal system.

6. Issuance of Decisions 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 Passports, Identity Cards, and Citizen Identification Cards of the subjects specified in Clause 1 of this Article shall be carried out 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 household registration documents of persons who have renounced, lost Vietnamese nationality, or had their decision to acquire Vietnamese nationality revoked still indicate Vietnamese nationality, the notification and recording in the household registry of the change in nationality shall be implemented 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

1. 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 related to 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, return to, or retention of Vietnamese nationality;

d) Exploiting the acquisition, return, renunciation of Vietnamese nationality, and the request to retain foreign nationality upon acquiring or returning to Vietnamese nationality to harm national security, interests, public order, and social safety of the Socialist Republic of Vietnam; damaging the legitimate rights and interests of agencies, organizations, and Vietnamese citizens.

2. Individuals and organizations implementing the acts prescribed in Clause 1 of this Article shall be subject to legal sanctions depending on the nature and severity of the 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 prescribed in point a of Clause 1 of this Article, the Ministry of Justice shall complete the dossier, 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, RETURNING TO, RENOUNCING, LOSING, AND REVOKING THE DECISION TO ACQUIRE VIETNAMESE NATIONALITY

Section 1. ACQUIRING VIETNAMESE CITIZENSHIP

Article 7. Certain conditions for acquiring Vietnamese citizenship as stipulated in

Article 19 of the Vietnamese Citizenship Law

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 citizenship.

2. Persons applying for Vietnamese citizenship as stipulated in Clause 1 and Clause 2 of Article 19 of the Vietnamese Citizenship Law must be residents in Vietnam and have been issued a Resident Card by the competent Vietnamese police authority.

The period of residence in Vietnam of persons applying for Vietnamese citizenship shall be calculated from the date they were issued a Resident Card.

3. The ability to ensure a standard of living in Vietnam for persons applying for Vietnamese citizenship is demonstrated through their assets or lawful sources of income, or through sponsorship by 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 Vietnamese Citizenship Law

1. Persons with special contributions to the cause of building and defending the Socialist Republic of Vietnam must be those who have been awarded Orders, Medals, or other high honors by the Democratic Republic of Vietnam, the Provisional Revolutionary Government of the Republic of South Vietnam, the Socialist Republic of Vietnam, or have been recognized by competent Vietnamese authorities based on relevant files, opinions of related agencies and organizations, and specialized laws regarding such special contributions.

2. Persons whose acquisition of Vietnamese citizenship would benefit the Socialist Republic of Vietnam must be those with truly outstanding talent in fields such as science, economy, culture, society, arts, sports, healthcare, education, having won international awards, orders, medals, or been certified by the agency or organization where they work and confirmed by a state management agency at the ministry level about their talent, and there is evidence 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 acquiring Vietnamese citizenship while retaining foreign citizenship as stipulated in

Clause 3 of Article 19 of the Vietnamese Citizenship Law

Persons applying for Vietnamese citizenship under one of the circumstances specified in Clause 2 of Article 19 of the Vietnamese Citizenship Law, if they meet all of the following conditions, shall be considered special cases as stipulated in Clause 3 of Article 19 of the Vietnamese Citizenship Law and may submit to the President for consideration of granting Vietnamese citizenship without renouncing their foreign citizenship:

1. Meeting the conditions for acquiring Vietnamese citizenship as prescribed by the Vietnamese Citizenship Law.

2. Having made special contributions to the cause of building and defending the Socialist Republic of Vietnam, and the acquisition of Vietnamese citizenship while retaining foreign citizenship would benefit the Socialist Republic of Vietnam.

3. Their request to retain foreign citizenship upon acquiring Vietnamese citizenship is consistent with the laws of that foreign country.

4. Renunciation of foreign citizenship would result in the loss of rights and benefits abroad.

5. Not using foreign citizenship to harm the legitimate rights and interests of agencies, organizations, and individuals; nor undermining national security, social order, and public safety of the Socialist Republic of Vietnam.

Article 10. Certain Documents in the Application for Vietnamese Nationality

1. The documents specified in Points b, đ, e, and g, Clause 1, Article 20 of the Law on Vietnamese Nationality are as follows:

a) Other documents with equivalent value to Birth Registration Certificate and Passport for stateless persons applying for Vietnamese nationality are documents containing information about name, date of birth, affixed with a photograph of the person and stamped by the competent authority, or travel documents, international travel documents;

b) Documents proving Vietnamese language proficiency for persons applying for Vietnamese nationality are certified copies of diplomas, certificates proving that they have studied in Vietnamese in Vietnam such as certified copies of doctoral, master's, bachelor's degrees or university graduation certificates, college or intermediate vocational school graduation certificates (including vocational high school or intermediate vocational school graduation certificates); Vietnamese high school or secondary school graduation certificates; certified copies of Vietnamese language certificates according to the Vietnamese language proficiency framework for foreigners issued by educational institutions in Vietnam in accordance with the regulations of the Ministry of Education and Training;

In cases where persons applying for Vietnamese nationality do not have documents proving Vietnamese language proficiency, the Department of Justice shall organize interviews to test their ability to listen, speak, read, and write Vietnamese, ensuring compliance with the provisions of Clause 1, Article 7 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 tests and interviews must be recorded in writing. Those directly involved in the testing and interviewing shall be responsible for the results of the tests and interviews and their recommendations;

c) Certified copies of Birth Registration Certificates of minor children applying for Vietnamese nationality together with their parents, or other valid documents proving parent-child relationships. In cases where only the father or mother applies for Vietnamese nationality while the minor child lives with them and applies for Vietnamese nationality through the father or mother, they must submit an agreement signed by both parents regarding the application for Vietnamese nationality for the child. The agreement does not require notarization; the applicant for Vietnamese nationality for the child shall be responsible for the accuracy of the other party's signature;

In cases where the parents are deceased, have lost civil capacity, or are restricted in civil capacity, the agreement shall be replaced by documents proving the death, loss, or restriction of civil capacity of the parents;

d) Certified copies of Permanent Resident Cards;

đ) Documents proving the ability to ensure a living standard in Vietnam for persons applying for Vietnamese nationality, including one of the following documents: documents proving ownership of property; documents from the organization or entity where the person works confirming salary or income; sponsorship letters from organizations or individuals in Vietnam; confirmation letters from People's Committees of communes, wards, towns (hereinafter referred to as commune-level People's Committees) regarding the housing status, employment, and income of the person applying for Vietnamese nationality;

2. Persons exempted from certain conditions for Vietnamese nationality as stipulated in Clause 2, Article 19 of the Law on Vietnamese Nationality and Article 8 of this Decree must submit the following documents:

a) In cases where there is a spouse who is a Vietnamese citizen, submit certified copies of Marriage Certificates or Certificates of Marital Status; if there are parents or children who are Vietnamese citizens, submit certified copies of Birth Registration Certificates or other valid documents proving parent-child relationships;

b) Persons who have made special contributions to the construction and defense of the Socialist Republic of Vietnam or whose acquisition of Vietnamese nationality is beneficial to the State of the Socialist Republic of Vietnam as stipulated in Article 8 of this Decree must submit documents proving they fall under the corresponding category;

3. Persons applying for Vietnamese nationality while retaining foreign nationality under the special circumstances stipulated in Article 9 of this Decree must provide documents proving eligibility for Vietnamese nationality as specified in Clause 1, Article 9, documents issued by competent authorities in Vietnam or abroad to prove the conditions specified in Clauses 2, 3, and 4, Article 9, and a commitment by the person regarding the content specified in Clause 5, Article 9 of this Decree;

4. The application for Vietnamese nationality must be prepared in three sets and stored at the Office of the President, the Ministry of Justice, and the agency handling the application.

Article 11. Responsibilities of the Ministry of Justice in processing applications for Vietnamese citizenship under Clause 3 of Article 21 of the Law on Vietnamese Citizenship.

1. Within the time limit specified in Clause 3 of Article 21 of the Law on Vietnamese Citizenship, if the Ministry of Justice finds that the application for Vietnamese citizenship is incomplete or the applicant has not met the conditions for Vietnamese citizenship, the Ministry of Justice shall issue a notification to the People's Committee of the province or centrally governed city (hereinafter referred to as the provincial People's Committee) and simultaneously send it to the Department of Justice to guide the applicant to supplement the application and complete 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 notification guiding the applicant to supplement the application and complete the necessary conditions.

For cases where an application for Vietnamese citizenship is made concurrently with retaining foreign citizenship without sufficient documentation proving special circumstances as stipulated in Clauses 2, 3, 4, and 5 of Article 9 of this Decree, the Ministry of Justice shall issue a notification to the provincial People's Committee requesting such person to renounce their foreign citizenship.

If within nine months from the date the Ministry of Justice issues a notification as provided in Clause 1 of this Article, the applicant for Vietnamese citizenship cannot supplement the application, does not meet the necessary conditions, or fails to submit a document from a competent authority abroad renouncing foreign citizenship, then it shall be considered that the applicant has ceased to apply for Vietnamese citizenship and the Ministry of Justice will return the application. The nine-month period does not count towards the time limit for processing the application as prescribed in Clause 3 of Article 21 of the Law on Vietnamese Citizenship.

When reviewing applications for Vietnamese citizenship concurrently with retaining foreign citizenship under special circumstances as stipulated in Article 9 of this Decree, if the application is complex or related to national 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.

After the application for Vietnamese citizenship is complete and valid, the Minister of Justice, acting on behalf of the Prime Minister, shall sign a Petition for submission to the President for consideration regarding granting Vietnamese citizenship, except in cases as provided in Clause 3 of this Article.

The provisions concerning the Minister of Justice signing a Petition on behalf of the Prime Minister for submission to the President also apply to the submission of applications for reacquiring or renouncing Vietnamese citizenship.

The provisions concerning the procedures for processing applications for Vietnamese citizenship concurrently with retaining foreign citizenship as set out in Clauses 1, 2, and 3 of this Article also apply when processing applications for reacquiring Vietnamese citizenship concurrently with retaining foreign citizenship as stipulated in Article 14 of this Decree.

Article 12. Issuance of Decision on Granting Vietnamese Citizenship

Upon receiving the Decision of the President granting Vietnamese citizenship accompanied by a notification from the Ministry of Justice, the provincial People's Committee shall direct the Department of Justice to organize a ceremony for presenting the Decision on granting Vietnamese citizenship to the person granted Vietnamese citizenship in a solemn and meaningful manner, appropriate to the actual situation in the locality.

After receiving the Decision of the President granting Vietnamese citizenship accompanied by 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 being granted Vietnamese citizenship in a solemn and meaningful manner, appropriate to the actual situation in the locality.

Mục 2. RETURN 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. Conditions for returning to Vietnamese citizenship for persons who have made special contributions to the cause of building and defending the Socialist Republic of Vietnam and those whose return to Vietnamese citizenship is beneficial to the Socialist Republic of Vietnam shall be applied accordingly as provided for in Article 8 of this Decree.

2. Persons implementing investment projects in Vietnam must have investment projects that have been certified by competent authorities in Vietnam.

Article 14. Special cases for requesting to return to Vietnamese citizenship while retaining foreign citizenship as stipulated in Clause 5, Article 23 of the Law on Vietnamese Citizenship

Persons requesting to return to Vietnamese citizenship under one of the circumstances specified in Clause 5, Article 23 of the Law on Vietnamese Citizenship, if they meet all the following conditions, shall be considered special cases for submission to the President for consideration of allowing them to return to Vietnamese citizenship without renouncing their foreign citizenship:

1. They satisfy the conditions for returning to Vietnamese citizenship as prescribed by the Law on Vietnamese Citizenship.

2. Their request to retain foreign citizenship upon returning to Vietnamese citizenship is in accordance with the laws of that foreign country.

3. Renouncing foreign citizenship would affect their rights and interests in that foreign country.

4. They do not use their foreign citizenship to harm the rights and legitimate interests of agencies, organizations, and individuals; nor do they endanger national security, social order, and public safety of the Socialist Republic of Vietnam.

Article 15. Certain Documents in the Application for Returning to Vietnamese Citizenship

1. Documents 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 include one of the following:

2. Documents proving that the person satisfies 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 include one of the following:

a) Documents proving that the person applying to return to Vietnamese citizenship has a spouse, father, mother, or biological child who is a Vietnamese citizen as stipulated in point a Clause 2, Article 10 of this Decree;

a) Documents proving that the President of the State allowed the renunciation of Vietnamese citizenship or deprived the person of Vietnamese citizenship;

b) Documents issued, confirmed, or recognized by competent authorities of Vietnam, which include the notation of Vietnamese citizenship or documents having value to prove former Vietnamese citizenship of the person.

b) Documents proving that the person applying to return to Vietnamese citizenship has made special contributions to the cause of building and defending 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 submit corresponding documents;

c) Documents proving the implementation of investment in Vietnam as stipulated in Clause 2, Article 13 of this Decree;

d) In cases where the person applying to return to Vietnamese citizenship has terminated Vietnamese citizenship to acquire foreign citizenship but was not granted such foreign citizenship, they must have documents issued by the competent authority of the foreign country confirming the reasons for not being granted foreign citizenship. If the failure to obtain foreign citizenship is due to the person's own fault, they must provide a guarantee letter from one of their parents, spouse, children, or full siblings who are Vietnamese citizens residing in Vietnam, along with a voluntary declaration from the person to reside in Vietnam.

3. Persons applying to return to Vietnamese citizenship while retaining foreign citizenship must provide documents proving they meet the conditions for returning to Vietnamese citizenship as stipulated in Clause 1, Article 14, documents issued by competent authorities in Vietnam or abroad to prove the conditions specified in Clauses 2 and 3, Article 14, and a commitment statement from the person regarding the content stipulated in Clause 4, Article 14 of this Decree.

4. Unmarried minor children accompanying their parents in returning to Vietnamese citizenship must submit a copy of their birth certificate or other valid documents proving the parent-child relationship. If only the father or mother returns to Vietnamese citizenship and the unmarried minor child lives with them, they must submit a mutual agreement between the parents regarding the application for the child to return to Vietnamese citizenship. The agreement must contain signatures from both parents, which do not need to be notarized, but the person submitting the application for the child must bear responsibility for the authenticity of the other party's signature.

In cases where the parents are deceased, incapacitated, or partially incapacitated, the mutual agreement can be replaced by documents proving the death, incapacity, or partial incapacity of the parents.

5. Applications for returning to Vietnamese citizenship must be prepared in three copies and stored at the Office of the President, the Ministry of Justice, and the agency handling the application.

In cases where the father or mother has died, lost capacity to act in civil matters, or is restricted in capacity to act in civil matters, the agreement document shall be replaced by papers proving that the father or mother has died, lost, or is restricted in capacity to act in civil matters.

5. The application dossier for resuming Vietnamese citizenship must be prepared in three copies, to be stored at the Office of the President, the Ministry of Justice, and the agency handling the dossier.

Article 16. Verification of Applications for Reacquiring Vietnamese Nationality

Clause 1. In cases where it is necessary to verify the identity of individuals applying to reacquire Vietnamese nationality as stipulated in Clause 3, Article 26 of the Law on Vietnamese Nationality, the Ministry of Justice shall issue a document specifying the contents requested from the Ministry of Public Security for verification.

Clause 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. RESIGNATION FROM VIETNAMESE NATIONALITY

Article 17. Cases where resignation from Vietnamese nationality has not been granted according to

Point a, Clause 2, Article 27 of the Law on Vietnamese Nationality

During the process of handling and considering 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 consider the application for resignation from Vietnamese nationality.

Article 18. Certain Documents in Applications for Resignation from Vietnamese Nationality

Clause 1. The document confirming that the applicant for resignation from Vietnamese nationality is undergoing procedures to acquire foreign nationality as stipulated in Point d, Clause 1, Article 28 of the Law on Vietnamese Nationality is a document issued or guaranteed by a competent authority of a foreign country to confirm or ensure that the person will acquire foreign nationality; in case the applicant for resignation from Vietnamese nationality already holds foreign nationality, they must submit a copy of their Passport or other personal identification document issued by a competent authority of a foreign country to prove that they hold foreign nationality.

Clause 2. The document specified in Point g, Clause 1, Article 28 of the Law on Vietnamese Nationality is a confirmation letter from the head of the agency or unit that has decided to grant retirement, termination of employment, removal from office, dismissal, discharge, or demobilization, based on the regulations of the sector, to confirm that the resignation from Vietnamese nationality by the person does not affect national security secrets or does not contravene the regulations of that sector.

Clause 3. A copy of the Birth Certificate of the underage child who is also resigning Vietnamese nationality along with their parent or other valid documents proving the parent-child relationship. If only the father or mother is resigning Vietnamese nationality while the underage child living with them is also resigning Vietnamese nationality through their parent, then a consent agreement signed by both parents regarding the application for resignation from Vietnamese nationality for the child must be submitted. The consent agreement does not require notarization; the person submitting the application for resignation from Vietnamese nationality for the child is responsible for the accuracy of the other party's signature.

In cases where the father or mother has died, lost capacity to act in civil matters, or is restricted in capacity to act in civil matters, the agreement document shall be replaced by papers proving that the father or mother has died, lost, or is restricted in capacity to act in civil matters.

Clause 4. Applications for resignation from 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. Resolution of Applications for Resignation from Vietnamese Nationality in Cases Where Documents Guaranteeing Acquisition of Foreign Nationality Have Expired

Clause 1. In cases where documents guaranteeing acquisition of foreign nationality have expired, the Ministry of Justice shall send a document to the representative office to notify the applicant for resignation from Vietnamese nationality to apply for an extension or issuance of new documents.

Clause 2. The representative office shall take measures to assist the applicant for resignation from Vietnamese nationality in applying for an extension or issuance of new documents guaranteeing acquisition of foreign nationality, if requested by the applicant.

Clause 3. The applicant for resignation from Vietnamese nationality shall submit the extended or newly issued documents guaranteeing acquisition of foreign nationality to the representative office for transfer to the Ministry of Justice.

Article 20. Responsibilities of agencies, organizations, and individuals in reporting cases where termination of Vietnamese nationality has not been granted or cannot be granted

Within sixty days from the date on which the Department of Justice publishes information about the person applying to terminate Vietnamese nationality pursuant to Clause 2, Article 29 of the Law on Vietnamese Nationality, the police agency, civil enforcement agency, tax management agency, or other agencies, organizations, or individuals, if they discover that the person applying to terminate Vietnamese nationality falls under the cases where termination of Vietnamese nationality has not been granted or cannot be granted as stipulated in Clauses 2, 3, and 4, Article 27 of the Law on Vietnamese Nationality and Article 17 of this Decree, must promptly report to the Department of Justice that published the information.

Article 21. Verification of the identity of persons applying to terminate Vietnamese nationality

1. In cases where the person applying to terminate Vietnamese nationality does not fall within the category exempted from verification procedures regarding their identity as provided for in Article 30 of the Law on Vietnamese Nationality, the Ministry of Justice shall issue a document specifying the contents requested for the Ministry of Public Security to verify.

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 have the responsibility to verify and respond in writing to the Ministry of Justice with the results.

Section 4. STRIPPING NATIONALITY, CANCELING DECISIONS TO GRANT VIETNAMESE NATIONALITY

Article 22. Documents for requesting stripping of Vietnamese nationality

1. In cases where the People's Committee of a province or the Representative Office requests the stripping of Vietnamese nationality of a person who commits acts as specified in Clause 1, Article 31 of the Law on Vietnamese Nationality, the documents include:

a) The request document of the People's Committee of a province or the Representative Office regarding the stripping of Vietnamese nationality;

b) Investigation, verification, and conclusion documents of the competent authority regarding the violation acts of the person proposed to have their nationality stripped;

c) Complaint letters against the person proposed to have their nationality stripped, if any.

2. In cases where the Court has sentenced the defendant for committing acts as specified in Clause 1, Article 31 of the Law on Vietnamese Nationality and requests the stripping of Vietnamese nationality of that person, the documents include:

a) The request document of the Court regarding the stripping of Vietnamese nationality; b) The judgment that has taken legal effect and related documents.

Article 23. Documents for requesting cancellation of decisions to grant Vietnamese nationality

1. In cases where the People's Committee of a province requests the cancellation of the decision to grant Vietnamese nationality to a person who commits acts as specified in Clause 1, Article 33 of the Law on Vietnamese Nationality, the documents include:

a) The request document of the People's Committee of a province to cancel the decision to grant Vietnamese nationality;

b) Investigation, verification, and conclusion documents of the competent authority regarding the violation acts of the person proposed to have their decision to obtain nationality canceled;

c) Complaint letters against the person proposed to have their decision to obtain nationality canceled, if any.

2. In cases where the Court has sentenced the defendant for committing acts as specified in Clause 1, Article 33 of the Law on Vietnamese Nationality and requests the cancellation of the decision to grant Vietnamese nationality to that person, the documents include:

a) The request document of the Court to cancel the decision to grant Vietnamese nationality;

b) The judgment that has taken legal effect and related documents.

Chapter III

ANNOUNCEMENT OF RESULTS IN RESOLVING NATIONALITY ISSUES

Article 24. Notification regarding acquisition, resumption, renunciation, deprivation of nationality, and revocation of decisions to grant Vietnamese nationality

1. Within ten working days from the date of receipt of the Decision to grant Vietnamese nationality, the Ministry of Justice shall send a notification letter along with a copy of the Decision to grant Vietnamese nationality to the People's Committee of the province where the dossier was processed for the purpose of organizing the ceremony to hand over the Decision to grant Vietnamese nationality.

The handing over of the Decision to grant Vietnamese nationality shall be carried out in accordance with the provisions of Article 12 of this Decree.

2. The notification of Decisions to resume, renounce, deprive of nationality, and revoke decisions to grant Vietnamese nationality shall be implemented as follows:

Within ten working days from the date of receipt of the Decision to resume, renounce, deprive of nationality, or revoke the decision to grant Vietnamese nationality, the Ministry of Justice shall send a notification along with a copy of the Decision to the person who resumes, renounces, or has been deprived of nationality, or whose decision to grant Vietnamese nationality has been revoked, while simultaneously sending it to the People's Committee of the province where the dossier was processed for monitoring, management, and statistical purposes of the matters already resolved concerning nationality.

In cases where dossiers to resume, renounce, or deprive of Vietnamese nationality are processed at the Representative Office, after receiving the notification from the Ministry of Justice, the Representative Office shall have the responsibility to notify the person who renounces, resumes, or has been deprived of Vietnamese nationality of the results of the corresponding nationality resolution. The Representative Office shall recover the Vietnamese Passport, Identity Card, and Citizen Identification Card of the person who renounces or has been deprived of Vietnamese nationality in accordance with relevant laws.

3. The person who renounces, is deprived of, or has had the decision to grant Vietnamese nationality revoked shall cooperate with the police authority to complete procedures to deregister permanent residence, return the Vietnamese Passport, Identity Card, and Citizen Identification Card in accordance with relevant laws.

4. The person who acquires or resumes Vietnamese nationality, if so requested, shall be registered for residence, issued a Vietnamese Passport, Identity Card, and Citizen Identification Card in accordance with relevant laws.

Article 25. Notification and Entry into Household Registry Regarding Changes in Nationality

1. Within ten working days from the date of receipt of the Decision to renounce, deprive of, or revoke the decision to grant Vietnamese nationality, the Ministry of Justice shall notify in writing the Department of Justice or the Representative Office where the household registry of that person was registered to make an entry or guide the entry into the household registry. The content of the entry includes: the number of the Decision; the date, month, and year of issuance of the Decision; the content of the Decision; the officer making the entry must sign, write their full name, and the date of the entry. In cases where the household registration was conducted at the Representative Office but the household registry has been transferred for storage at the Ministry of Foreign Affairs, the Ministry of Foreign Affairs shall carry out the entry.

2. In cases where the person who resumes Vietnamese nationality previously had their renunciation or deprivation of Vietnamese nationality recorded in the household registry, or the person who acquires Vietnamese nationality previously registered their household at a competent authority of Vietnam, the notification and entry into the household registry due to resuming or acquiring Vietnamese nationality shall also be carried out in accordance with the provisions of Clause 1 of this Article.

3. In cases where the Representative Office or the Department of Justice receives a notification for entry but cannot retain the previous household registry, 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 Vietnamese nationality or returning to Vietnamese nationality, the Ministry of Justice shall notify the Ministry of Public Security to direct the competent public security agency to register residence, issue Vietnamese passports, and citizen identification cards for persons granted or returned to Vietnamese nationality in accordance with the provisions of the law.

2. In cases where persons who have ceased, been deprived of, or had their decisions on granting Vietnamese nationality revoked are residing in Vietnam or have previously resided in Vietnam, within ten working days from the date of the Decision on ceasing nationality, depriving of nationality, or revoking the decision on granting Vietnamese nationality, the Ministry of Justice shall notify the Ministry of Public Security to direct the competent public security agency to delete permanent residence registration, recover Vietnamese passports, identity cards, and citizen identification cards of such persons in accordance with the provisions of the law.

Chapter IV

REGISTRATION TO BE DETERMINED AS HAVING VIETNAMESE NATIONALITY, ISSUANCE OF CERTIFICATE OF VIETNAMESE NATIONALITY, AND ISSUANCE OF CERTIFICATE OF VIETNAMESE DESCENT

Section 1. REGISTRATION TO BE DETERMINED AS HAVING VIETNAMESE NATIONALITY

Article 27. Registration to be determined as having Vietnamese nationality

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 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 context of each period, the representative office shall apply the corresponding legal document 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 granting special benefits to foreign nationals who assisted in 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 cease or acquire Vietnamese nationality;

g) Decision No. 268/TTg dated September 12, 1980 of the Prime Minister on policies for ceasing and returning to Vietnamese nationality of 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) International treaties related to nationality of which Vietnam is a member.

2. Papers serving as basis for determining Vietnamese nationality include:

a) Papers on nationality, household registration, domicile registration, identification or other papers issued by the competent authority of Vietnam to Vietnamese citizens during various periods from 1945 to June 30, 2009, indicating Vietnamese nationality or information related to nationality and Vietnamese citizenship;

b) Papers on nationality, household registration, domicile registration, identification or other papers issued by the old regime in South Vietnam before April 30, 1975 or by the old regime in Hanoi from 1911 to 1956, indicating Vietnamese nationality or information related to nationality and Vietnamese citizenship.

Article 29. Procedure and Formalities for Registration to Determine Vietnamese Nationality

1. The person requesting to determine their 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, residence certificate, temporary residence card, travel document, international travel document, or personal identity confirmation document with attached photograph issued by the competent authority;

b) Documents specified in Clause 2, Article 28 of this Decree.

2. Within five working days from the date of accepting the application, the Diplomatic Agency shall be responsible for reviewing 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 from the date of acceptance, the Ministry of Justice shall conduct the search and send a reply to the Ministry of Foreign Affairs. If there is sufficient basis to determine that the person has Vietnamese nationality and is not listed in the list of those who have renounced, been deprived of, or had their decision to acquire Vietnamese nationality revoked, they shall be recorded in the Register of Determination of Vietnamese Nationality. In case the person requests issuance of a Vietnamese Passport, the Diplomatic Agency shall process the issuance of the passport for them or notify them to come to the Diplomatic 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 determine Vietnamese nationality is requested without requesting issuance of a Vietnamese Passport, after recording in the Register of Determination of Vietnamese Nationality, the Diplomatic 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 Diplomatic Agency shall process the issuance of the passport for them in accordance with relevant laws.

3. Within the time limit stipulated in Clause 2 of this Article, if there is insufficient basis to determine Vietnamese nationality, the Diplomatic Agency shall send a letter to the Ministry of Foreign Affairs to request 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 send replies 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 Diplomatic Agency to complete the determination of whether the applicant has Vietnamese nationality.

If there is no basis to determine Vietnamese nationality, the agency 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

The person requesting issuance of a Certificate of Vietnamese Nationality shall submit the application documents to the Department of Justice where they reside domestically or the Diplomatic Agency where they reside abroad at the time of submission.

Article 31. Procedure 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, residence certificate, temporary residence card, travel document, international travel document, or personal identity confirmation document with attached photograph issued by the competent authority;

b) Documents proving Vietnamese nationality as stipulated in Article 11 of the Law on Vietnamese Nationality or similar documents issued by the 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;

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 statement of personal history, accompanied by one of the documents specified in Clause 2, Article 28 of this Decree to serve as the basis for verifying Vietnamese nationality.

2. The procedure for checking, verifying, and searching for Vietnamese nationality shall be carried out as follows:

a) In 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 review 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 send a reply to the Department of Justice. If there is doubt 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 request letter from the Department of Justice, the issuing authority shall conduct the verification and send a reply to the Department of Justice.

In cases where the application is submitted to the Diplomatic Agency, within five working days from the date of accepting the application, the Diplomatic Agency shall review 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 send a reply. If there is doubt about the authenticity of the documents proving Vietnamese nationality issued by domestic competent authorities, the Diplomatic 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 request letter from the Ministry of Foreign Affairs, the receiving authority shall conduct the verification and send a 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 Diplomatic Agency in writing.

b) In 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 send a 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 request from the Department of Justice, the Public Security authority shall conduct the verification and send a 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 copies 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 on identity 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 stipulated 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 those who have renounced Vietnamese nationality, had their Vietnamese nationality revoked, or had their decision to be granted 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 the Certificate of Vietnamese Nationality, the agency accepting the application shall inform the applicant in writing.

Section 3. ISSUANCE OF CERTIFICATE AS A PERSON OF VIETNAMESE DESCENT

Article 32. Competence to Issue Certificate as a Person of Vietnamese Descent

The applicant for a Certificate as a Person of Vietnamese Descent submits an application to the Department of Justice or the Representative Office where the applicant resides at the time of submission or the State Committee for Vietnamese Nationals Abroad under the Ministry of Foreign Affairs.

Article 33. Procedures and Formalities for Issuing Certificate as a Person of Vietnamese Descent

1. The applicant for a Certificate as a Person of Vietnamese Descent shall prepare one set of application materials, including a completed Application Form as prescribed, two recent passport-sized photographs taken within six months, and copies of the following documents:

a) Personal identity documents such as Identity Card, Citizen Identification Card, residence certificate, temporary residence card, travel document, international travel document, or personal identity confirmation document with attached photograph issued by the competent authority;

b) Documents issued previously to prove that the person once held Vietnamese nationality or documents to prove that at birth, the person's parents or grandparents were Vietnamese nationals.

In case there are no such documents, depending on specific circumstances, copies of personal and nationality-related documents issued by the previous regime in South Vietnam before April 30, 1975; documents issued by the old government in Hanoi from 1911 to 1956; a letter of sponsorship from Vietnamese associations abroad where the person resides, confirming the person's Vietnamese origin; a letter of sponsorship from a Vietnamese national, confirming the person's Vietnamese origin; documents issued by foreign authorities indicating Vietnamese nationality or original Vietnamese nationality 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 the person's Vietnamese origin, the agency accepting the application shall record in the Register of Issuance of Certificates as a Person of Vietnamese Descent; the head of the agency shall sign and issue the Certificate as a Person of Vietnamese Descent according to the prescribed form to the applicant.

If there is no basis for issuing the Certificate as a Person of Vietnamese Descent, the agency accepting the application shall inform the applicant in writing.

Chapter V

RESPONSIBILITIES OF THE AUTHORITIES IN MANAGING NATIONALITY AFFAIRS

Article 34. Responsibilities of the Ministry of Justice

The Ministry of Justice assists the Government in uniformly managing state affairs related to nationality, with the following tasks and powers:

1. Issuing or submitting to competent authorities for issuance legal normative documents on nationality and organizing the implementation of laws on nationality.

2. Directing, guiding, training, and enhancing the professional skills of officials and civil servants involved in nationality work.

3. Propagating, disseminating, and educating the public about laws on nationality.

4. Issuing, guiding the use of, and managing templates for nationality registers and nationality-related documents.

5. Inspecting, supervising, resolving matters concerning Vietnamese nationality, complaints, and accusations, and handling violations related to nationality within its jurisdiction.

6. Reviewing files and coordinating with the Ministry of Public Security in verifying nationality files according to the provisions of the 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 of nationality and in processing nationality files.

9. Keeping nationality 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 coordinates with the Ministry of Justice in managing state affairs related to nationality at diplomatic missions, with the following tasks and powers:

a) Directing and guiding diplomatic missions to uniformly implement legal normative documents on nationality;

b) Inspecting and auditing nationality work at diplomatic missions;

c) Enhancing the professional skills of diplomatic and consular staff in nationality matters;

d) Propagating and disseminating laws on nationality to overseas Vietnamese residents;

đ) Resolving complaints and accusations and handling violations related to nationality within its jurisdiction;

e) Revoking and invalidating Vietnamese passports, identity cards, and citizen 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;

g) Revoking nationality-related documents issued by diplomatic missions contrary to the provisions of the law.

h) Summarizing situations and compiling statistics on resolved nationality matters at diplomatic missions, sending them to the Ministry of Justice as prescribed.

2. Diplomatic missions perform the following tasks and powers:

a) Receiving and resolving applications for reacquiring, renouncing Vietnamese nationality; establishing files to request the President to revoke Vietnamese nationality; determining Vietnamese nationality; issuing Certificates of Vietnamese Nationality; issuing Certificates of Vietnamese Origin according to the law;

b) Assigning diplomatic and consular staff to handle and resolve nationality files within their jurisdiction;

c) Propagating and disseminating laws on nationality to Vietnamese citizens abroad;

d) Keeping nationality registers and nationality files;

đ) Summarizing situations and compiling statistics on resolved nationality matters, reporting to the Ministry of Foreign Affairs as prescribed;

e) Resolving complaints and accusations and handling violations related to nationality within their jurisdiction.

Article 36. Responsibilities of the Ministry of Public Security

The Ministry of Public Security shall cooperate with the Ministry of Justice in handling matters related to nationality and shall have the following duties and powers:

1. Reviewing, verifying, or directing competent public security agencies to verify the personal status of individuals applying for entry, re-entry, withdrawal of Vietnamese nationality; revocation of Vietnamese nationality; cancellation of decisions to grant Vietnamese nationality; determination of Vietnamese nationality.

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 of Article 11 of the Law on Vietnamese Nationality at the request of the Department of Justice, diplomatic missions, or other competent authorities.

3. Directing the registration of residence, issuance of Vietnamese passports, identity cards, and citizen identification cards for individuals granted entry or re-entry of Vietnamese nationality; removal of residence registration, recovery, and invalidation of Vietnamese passports, identity cards, and citizen identification cards of individuals who have withdrawn their nationality, had their nationality revoked, or had their decision to grant Vietnamese nationality canceled according to the provisions of the law.

4. Cooperating in handling violations of the law in the process of handling matters related to nationality.

Article 37. Responsibilities of Provincial People's Committees

1. Provincial People's Committees shall manage state affairs regarding nationality at the local level and shall have the following duties and powers:

a) Organizing the acceptance and processing of applications for entry, re-entry, and withdrawal of Vietnamese nationality within their jurisdiction; establishing files to recommend the President of the State to revoke Vietnamese nationality, cancel decisions to grant Vietnamese nationality; issuing Certificates confirming Vietnamese nationality; issuing Certificates confirming Vietnamese origin according to the provisions of the law;

b) Propagandizing and disseminating laws on nationality;

c) Maintaining nationality registers and nationality files;

d) Handling complaints, denunciations, and violations of the law on nationality within their jurisdiction;

đ) Summarizing situations and statistics on matters related to nationality and reporting to the Ministry of Justice as prescribed;

e) Organizing the Ceremony for the President of the State to issue Decisions granting Vietnamese nationality solemnly and meaningfully;

g) Recovering documents related to Vietnamese nationality issued by the Department of Justice contrary to the provisions of the law.

2. The Department of Justice shall assist the Provincial People's Committee in performing the tasks and powers specified in points a, b, c, đ, and e of Article 1 of this Decree.

Article 38. Transitional Provisions

Files on nationality that were accepted for handling before the effective date of this Decree but not yet resolved shall continue to be handled according to the provisions of Decree No. 78/2009/NĐ-CP dated September 22, 2009, of the Government detailing and guiding the implementation of certain articles of the Law on Vietnamese Nationality and Decree No. 97/2014/NĐ-CP dated October 17, 2014, of the Government amending and supplementing certain articles of Decree No. 78/2009/NĐ-CP dated September 22, 2009, of the Government detailing and guiding the implementation of the Law on Vietnamese Nationality.

Article 39. Effective date

This Decree takes effect from March 20, 2020.

This Decree replaces Decree No. 78/2009/NĐ-CP dated September 22, 2009, of the Government detailing and guiding the implementation of certain articles of the Law on Vietnamese Nationality and Decree No. 97/2014/NĐ-CP dated October 17, 2014, of the Government amending and supplementing certain articles of Decree No. 78/2009/NĐ-CP dated September 22, 2009, of the Government detailing and guiding the implementation of the Law on Vietnamese Nationality.

Joint Circular No. 05/2010/TTLT/BTP-BNG-BCA dated March 1, 2010, of the Ministry of Justice, Ministry of Foreign Affairs, and 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 articles 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./.

 

Place of Receipt: - Central Party Committee Secretariat; - Prime Minister, Deputy Prime Ministers; - Ministries, ministerial-level agencies, and agencies under the Government; - Provincial People's Councils, People's Committees of centrally governed cities; - Central Party Office and Party Committees; - General Secretary's Office; - President's Office; - Ethnic Council and Committees of the National Assembly; - National Assembly's Office; - Supreme People's Court; - Supreme People's Procuracy; - State Audit Agency; - National Financial Supervisory Commission; - Social Policy Bank; - Vietnam Development Bank; - Vietnam Fatherland Front Central Committee; - Central Agencies of Social Organizations; - VPCP: Deputy Chairman, all Vice Chairmen, Assistants to the Prime Minister, Director of the Government Portal, all Departments, Bureaus, subordinate units, Official Gazette; - To be filed: VT, PL (2b).

PRIME MINISTER PRIME MINISTER Nguyen Xuan Phuc