Circular No. 2461/2001/TT-BNG guides the implementation of Article 1 of Decision No. 114/2001/QĐ-TTG dated July 31, 2001 regarding amendments and supplements to certain provisions of Decision No. 210/1999/QĐ-TTG dated October 27, 1999 of the Government on special policies for overseas Vietnamese.

CIRCULAR

Guidelines for implementing Article 1 of Decision No. 114/2001/QĐ-TTg dated July 31, 2001 on amending and supplementing certain provisions of Decision No. 210/1999/QĐ-TTg dated October 27, 1999 of the Government on some foreign policies towards Vietnamese citizens abroad.

On July 31, 2001, the Prime Minister issued Decision No. 114/2001/QĐ-TTg (hereinafter referred to as the Decision) on amending and supplementing certain provisions of Decision No. 210/1999/QĐ-TTg dated October 27, 1999 of the Prime Minister on some policies towards Vietnamese citizens abroad. The Ministry of Foreign Affairs provides guidelines for implementing Article 1 of the Decision as follows:

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

1. This Circular applies to Vietnamese citizens residing abroad holding Vietnamese passports; overseas Vietnamese holding foreign passports and their accompanying relatives (including spouse, parents-in-law, children from a spouse's previous marriage, and legally adopted children) with confirmation from Vietnamese representative offices in the host country or the Committee for Overseas Vietnamese regarding such family relationships; overseas Vietnamese holding foreign passports who have made contributions to the national liberation cause and nation-building efforts, confirmed by Vietnamese representative offices in the host country or the Committee for Overseas Vietnamese.

2. Overseas Vietnamese mentioned in Point 1 of Section I of this Circular refers to individuals who currently or previously held Vietnamese citizenship; those whose father, mother, paternal grandfather, paternal grandmother, maternal grandfather, or maternal grandmother currently or previously held Vietnamese citizenship.

3. Accompanying relatives (including spouse, parents-in-law, children from a spouse's previous marriage, and legally adopted children) refer to relatives of Vietnamese citizens residing abroad holding Vietnamese passports; or overseas Vietnamese holding foreign passports.

4. Overseas Vietnamese holding foreign passports who have contributed to the national liberation cause and nation-building efforts include:

- Individuals who have made significant contributions to the national liberation cause and nation-building efforts, awarded medals, orders, certificates of merit by the President of the State, the Prime Minister; awarded orders by the Chairman of the Central Committee of the Vietnam Fatherland Front or the Minister/Head of central management agencies; conferred academic titles or honorary titles in science, education, or other high honors by Vietnam.

- Individuals entitled to preferential treatment under the Decree on Preferential Treatment for Revolutionary Activists, Martyrs, and Their Families, War Invalids, and Those Who Contributed to the Revolution, issued on August 29, 1994.

- Individuals elected to the Central Committee of Associations or key figures in organizations of overseas Vietnamese with ties to the domestic government through the Committee for Overseas Vietnamese; individuals who have actively contributed and assisted domestic agencies or foreign affairs activities in their respective countries.

- Individuals participating in the leadership of political and social organizations of Vietnam such as the Vietnam Fatherland Front, the General Confederation of Labor of Vietnam, the Vietnam Women's Union, the Vietnam Farmers' Union, the Vietnam Youth Federation... at provincial level or higher.

- Individuals invited by Party and State leaders or heads of Ministries, agencies equivalent to Ministries, agencies under the Government, or the Chairmen of Provincial People's Committees to work as experts, consultants, or scientific collaborators.

5. The subjects mentioned in Point 1 (excluding Vietnamese citizens residing abroad holding Vietnamese passports); Points 2, 3, and 4 of Section I of this Circular, if they possess documents proving "Overseas Vietnamese," "Relationships with Vietnamese Citizens Abroad," and "Overseas Vietnamese Holding Foreign Passports Who Have Contributed to the National Liberation Cause and Nation-Building Efforts" as stipulated in Sections II and IV of this Circular, upon returning to Vietnam, shall enjoy the same service fees and travel ticket prices applicable to Vietnamese citizens within the country.

Vietnamese citizens residing abroad holding Vietnamese passports; overseas Vietnamese holding foreign passports who have contributed to the national liberation cause and nation-building efforts as mentioned in Point 4 of Section I of this Circular shall be subject to the same fee and tax rates as Vietnamese citizens within the country.

Overseas Vietnamese holding foreign passports who have contributed to the national liberation cause and nation-building efforts as mentioned above shall be exempted from visa fees when entering and exiting Vietnam.

6. "Certificate of Overseas Vietnamese," "Certificate of Family Relationship with Vietnamese Citizens Abroad," and "Preference Certificate" shall be issued free of charge by Vietnamese representative offices in the host country or the Committee for Overseas Vietnamese to Vietnamese citizens abroad and their relatives.

II. DOCUMENTS PROVING OVERSEAS VIETNAMESE,
RELATIONSHIPS WITH VIETNAMESE CITIZENS ABROAD

1. Documents proving overseas Vietnamese status, including one of the following documents:

1.1. Passport or valid travel document issued by a foreign country that includes Vietnamese name and place of birth in Vietnam.

1.2. One of the following valid documents (including those issued before 1975): "Certificate of Overseas Vietnamese" issued by Vietnamese representative offices in the host country or the Committee for Overseas Vietnamese (as specified in Appendices I and II attached); "Certificate of Blood Relation with Vietnam" issued by Vietnamese representative offices in the host country or the Committee for Overseas Vietnamese; certificate of Vietnamese citizenship; certificate of loss of Vietnamese citizenship; birth certificate; identity card; citizen identification card; old passport; household registration book (or family book).

2. Documents proving family relationship with Vietnamese citizens abroad:

2.1. Documents proving family relationship as spouse; legally adopted child with Vietnamese citizens abroad when returning to Vietnam, including one of the following valid documents (including those issued before 1975):

- "Certificate of Family Relationship with Vietnamese Citizens Abroad" issued by Vietnamese representative offices in the host country or the Committee for Overseas Vietnamese (as specified in Appendices III and IV attached).

- If the subject is the spouse of a Vietnamese person abroad: a marriage registration certificate with a Vietnamese person abroad.

- If the subject is a legally adopted child of a Vietnamese person abroad: a legal adoption confirmation certificate of a Vietnamese person abroad.

2.2. Documents proving the family relationship as parents-in-law or children from a previous marriage of a Vietnamese person abroad when returning to Vietnam, including one of the following valid documents (including those issued before 1975):

- A "Confirmation of Family Relationship with a Vietnamese Person Abroad" issued by the Vietnamese representative office in the host country or the Committee for Overseas Vietnamese.

- If the subject is the parent-in-law of a Vietnamese person abroad: a marriage certificate with a Vietnamese person abroad together with the birth certificate of the spouse of the Vietnamese person abroad.

- If the subject is a child from a previous marriage of a Vietnamese person abroad: a marriage certificate with a Vietnamese person abroad together with the birth certificate of the child.

III. PROCEDURES FOR ISSUING THE CONFIRMATION OF VIETNAMESE ORGANICITY AND FAMILY RELATIONSHIP WITH VIETNAMESE PERSONS ABROAD
NGƯỜI VIỆT NAM, NGƯỜI CÓ QUAN HỆ GIA ĐÌNH VỚI
VIETNAMESE PERSONS ABROAD

1. The Vietnamese representative office in the host country or the Committee for Overseas Vietnamese issues "Confirmation of Vietnamese Origin" for subjects mentioned in Point 2, Section I of this Circular and "Confirmation of Family Relationship with Vietnamese Persons Abroad" for subjects mentioned in Point 3, Section I of this Circular.

2. Individuals who wish to apply for "Confirmation of Vietnamese Origin" shall directly submit the application form for confirmation to the Vietnamese representative office in the host country or the Committee for Overseas Vietnamese (as prescribed in Appendix V attached), accompanied by a certified copy of one of the documents mentioned in Point 1, Section II of this Circular.

In case there is no document proving Vietnamese origin as stated in this Circular, individuals shall directly submit the aforementioned application form for confirmation, accompanied by a certified copy of their passport. This application must be attested by at least two Vietnamese citizens or persons of Vietnamese origin with full civil capacity, having documents proving they are Vietnamese citizens or persons of Vietnamese origin.

3. Vietnamese citizens residing abroad holding a Vietnamese passport; persons of Vietnamese origin holding a foreign passport wishing to apply for confirmation, shall directly submit the application form for confirmation of family relationship with Vietnamese persons abroad to the Vietnamese representative office abroad or the Committee for Overseas Vietnamese (as prescribed in Appendix VI attached), accompanied by a certified copy of one of the documents mentioned in Point 1, Section II and documents proving family relationship with Vietnamese persons abroad mentioned in Point 2, Section II of this Circular.

4. "Confirmation of Vietnamese Origin" is valid for three years from the date of issuance and may be renewed multiple times, each time not exceeding three years.

"Confirmation of Family Relationship with Vietnamese Persons Abroad" is valid for six months from the date of issuance and may be renewed multiple times, each time not exceeding six months.

5. Within five days from receiving the request from the individual concerned, the Vietnamese representative office abroad or the Committee for Overseas Vietnamese will examine and issue "Confirmation of Vietnamese Origin"; "Confirmation of Family Relationship with Vietnamese Persons Abroad" or renew it, and simultaneously respond in writing to the requesting individual.

6. Vietnamese representative offices abroad proactively notify the content of the Prime Minister's Decision and examine and issue "Confirmation of Vietnamese Origin"; "Confirmation of Family Relationship with Vietnamese Persons Abroad" for individuals with such needs.

The Committee for Overseas Vietnamese examines and issues "Confirmation of Vietnamese Origin"; "Confirmation of Family Relationship with Vietnamese Persons Abroad" for cases that have returned to Vietnam and have such needs but have not yet applied for confirmation at the Vietnamese representative office in the host country.

IV. PROCEDURES FOR ISSUING THE CONFIRMATION OF PRIVILEGES

1. The Vietnamese representative office in the host country or the Committee for Overseas Vietnamese issues "Confirmation of Privileges" for subjects mentioned in Point 4, Section I of this Circular (as prescribed in Appendices VII and VIII attached).

2. Ministries, central sector management agencies, and provincial/municipal People's Committees under the Central Government have the responsibility to periodically report the list of persons of Vietnamese origin holding foreign passports as mentioned in Point 4, Section I of this Circular to the Ministry of Foreign Affairs (the Committee for Overseas Vietnamese) to request issuance of "Confirmation of Privileges" exempting visa fees upon entry, exit, and transit in Vietnam and enjoying service prices, travel ticket prices on various modes of transportation, and other fees and charges as applicable to Vietnamese persons within the country.

3. Individuals with such needs can directly submit the application form for confirmation to the Vietnamese representative office abroad or the Committee for Overseas Vietnamese (as prescribed in Appendix IX attached), accompanied by the following documents:

a) Documents proving Vietnamese origin: a certified copy of one of the documents mentioned in Point 1, Section II of this Circular.

b) Documents proving eligibility for privileges.

A certified copy of one of the following documents: Certificate of decoration, medal, award; certificate of meritorious service or family with meritorious service; investment permit; capital contribution confirmation; invitation letter from ministries, sectors, provinces, or cities; decision or equivalent document approving social welfare construction projects; confirmation of charitable and humanitarian activities serving the public.

4. Within five days from receiving the official letter or application from the individual concerned, the Committee for Overseas Vietnamese or the Vietnamese representative office abroad will examine and issue "Confirmation of Privileges" or renew it, and simultaneously respond to the requesting party.

5. "Confirmation of Privileges" is valid for three years from the date of issuance and may be renewed multiple times, each time not exceeding three years.

V. IMPLEMENTATION PROVISIONS

This Circular takes effect 15 days from the date of signature.

During the implementation process, if any issues arise, the ministries, central management agencies, provincial People's Committees under the direct jurisdiction of the central government, and Vietnamese representative offices abroad are requested to promptly report them to the Ministry of Foreign Affairs for study and resolution.