Decree No. 78/2009/ND-CP detailing and guiding the implementation of certain provisions of the Law on Vietnamese Citizenship

DECREE

Regulations detailing and guiding the implementation of certain provisions of

Law on Vietnamese Citizenship

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THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Nationality of Vietnam dated November 13, 2008;

Considering the proposal of the Minister of Justice,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree provides detailed implementation of Articles 13, 19, 20, 22, 23, 24, 27, 28, 32, 34 of the Law on Vietnamese Citizenship and guides the implementation of certain other provisions thereof.

Article 2. Legalization of consular documents, authentication, and translation into Vietnamese of citizenship dossier documents

1. Documents included in the application for acquisition, reacquisition, renunciation of Vietnamese citizenship and in the resolution of other matters concerning Vietnamese citizenship issued by competent authorities of foreign countries must be legalized, except where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise.

2. Foreign language documents included in the dossiers specified in Clause 1 of this Article must be translated into Vietnamese and authenticated in accordance with Vietnamese law.

Article 3. Notification of results in matters concerning citizenship

When notifying the applicant for acquisition, reacquisition, renunciation of Vietnamese citizenship pursuant to Article 41 of the Law on Vietnamese Citizenship, the Ministry of Justice shall simultaneously notify the People's Committee of the province or centrally governed city (hereinafter referred to as the provincial People's Committee) if the applicant for acquisition, reacquisition, renunciation of Vietnamese citizenship submits the application within the country.

In the case where the applicant for reacquisition, renunciation of Vietnamese citizenship submits the application at a Vietnamese representative office abroad, the notification of the result of the resolution to the applicant for reacquisition, renunciation of Vietnamese citizenship shall be carried out through the Ministry of Foreign Affairs.

Article 4. Fees for resolving matters concerning citizenship

1. The applicant for acquisition, reacquisition, renunciation of Vietnamese citizenship, registration to retain Vietnamese citizenship must pay the fee, except in cases provided for in Clause 2 of this Article.

2. Cases exempted from paying fees for application for acquisition, reacquisition of Vietnamese citizenship, and request for determination of Vietnamese citizenship:

2. The following persons are exempt from the fee for acquisition, reacquisition of Vietnamese citizenship:

b) Persons meeting the poverty standard as defined by law;

b) Persons meeting the poverty standard as prescribed by law.

c) Stateless persons applying for Vietnamese citizenship in accordance with Article 22 of the Law on Vietnamese Citizenship.

3. The agency receiving applications for acquisition, reacquisition of Vietnamese citizenship shall decide on the exemption of fees for each specific case based on the regulations of the Ministry of Finance.

Chapter II

PROVISIONS FOR DETAILING AND GUIDANCE ON IMPLEMENTATION OF CERTAIN PROVISIONS ON ACQUISITION, REACQUISITION, RENUNCIATION AND REGISTRATION TO RETAIN VIETNAMESE CITIZENSHIP

Section 1

ACQUISITION OF VIETNAMESE CITIZENSHIP

Article 5. Certain conditions for acquisition of Vietnamese citizenship

Points c, d and đ Clause 1 Article 19 of the Law on Vietnamese Citizenship are stipulated as follows:

1. Knowledge of Vietnamese sufficient for integration into the Vietnamese community of the applicant for acquisition of Vietnamese citizenship is assessed based on the ability to communicate in Vietnamese with Vietnamese citizens in daily life, appropriate to the living and working environment of that person.

2. The applicant for acquisition of Vietnamese citizenship pursuant to Clause 1 and Clause 2 Article 19 of the Law on Vietnamese Citizenship must be a person residing permanently in Vietnam and holding a permanent residence card issued by the competent Vietnamese public security authority.

The period of residence in Vietnam of the applicant for acquisition of Vietnamese citizenship is calculated from the date the person was granted the permanent residence 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 6. Cases exempted from certain conditions for acquisition of Vietnamese citizenship

Points b and c Clause 2 Article 19 of the Law on Vietnamese Citizenship are stipulated as follows:

1. A person who has made special contributions to the cause of building and defending the Fatherland of Vietnam must be a person awarded Orders, Medals, high honors of the Democratic Republic of Vietnam, the Provisional Revolutionary Government of the Republic of South Vietnam, the Socialist Republic of Vietnam, or confirmed by competent agencies or organizations of Vietnam regarding such special contributions.

2. A person whose acquisition of Vietnamese citizenship is beneficial to the Socialist Republic of Vietnam must be a person with talent in scientific, economic, cultural, social, artistic, sports fields, certified by the agency or organization where the person works, and confirmed by a central-level state management agency or the provincial People's Committee that their acquisition of citizenship will contribute to development in these fields in Vietnam.

Article 7. Certain Documents in the Application for Vietnamese Citizenship

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

a) Other documents that can substitute for the Birth Certificate and Passport of the applicant for Vietnamese citizenship are those documents that prove the foreign nationality of the applicant.

b) Documents proving the level of Vietnamese language proficiency of the applicant for Vietnamese citizenship include one of the following: a copy of a postgraduate, university, college, vocational high school, general secondary school, or junior secondary school graduation certificate; a copy of a Vietnamese language proficiency certificate issued by a Vietnamese language training institution.

In cases where the applicant for Vietnamese citizenship declares sufficient knowledge of Vietnamese to integrate as stipulated in Clause 1, Article 5 of this Decree but does not have any of the aforementioned documents, the Department of Justice shall organize an interview to assess the Vietnamese language proficiency of the applicant according to the guidelines of the Ministry of Justice. The results of the interview must be recorded in writing; the person conducting the interview shall base their recommendation on the standards set forth in Clause 1, Article 5 of this Decree and bear responsibility for their recommendation.

c) A copy of the Birth Certificate of the minor child applying for Vietnamese citizenship along with their parent(s), or other documents proving the parent-child relationship. If only one parent applies for Vietnamese citizenship while the minor child lives with them, then a written agreement from both parents regarding the child's application for Vietnamese citizenship must also be submitted.

d) Certified copies of Permanent Resident Cards;

đ) Documents proving the means of livelihood in Vietnam of the applicant for Vietnamese citizenship include one of the following: documents proving ownership of property; salary or income certificates issued by the employer; tax authority income tax return confirmation; documents proving sponsorship by organizations or individuals in Vietnam; a confirmation letter from the People's Committee of the commune, ward, town (hereinafter referred to as the People's Committee at the commune level) where the applicant for Vietnamese citizenship resides, confirming their ability to sustain a living in Vietnam.

2. Individuals exempted from certain conditions for obtaining Vietnamese citizenship as provided for in Clause 2, Article 19 of the Law on Vietnamese Citizenship shall submit documents proving the exemption conditions, specifically:

a) Individuals who have a spouse who is a Vietnamese citizen must submit a copy of the Marriage Certificate proving the marital relationship.

b) Individuals who are the biological father, mother, or child of a Vietnamese citizen must submit a copy of the Birth Certificate or other valid documents proving the parent-child relationship.

c) Individuals who have made special contributions to the cause of building and defending the Socialist Republic of Vietnam must submit a copy of the Medal, Badge, or other certificates of prestigious titles, or a confirmation letter from authorized agencies or organizations in Vietnam.

d) Individuals whose acquisition of Vietnamese citizenship would benefit the Socialist Republic of Vietnam must submit a certification letter from the agency or organization where they work, confirmed by a provincial-level People's Committee or a ministry-level state management agency, stating that their acquisition of Vietnamese citizenship will contribute to the development of one of the fields mentioned in Clause 2, Article 6 of this Decree.

3. The application for Vietnamese citizenship must be prepared in three copies and stored at the Office of the President, the Ministry of Justice, and the receiving agency.

Article 8. Granting Vietnamese nationality according to the provisions of Article 22 of the Law on Vietnamese Nationality.

1. Stateless persons who have resided stably within the territory of Vietnam since July 1, 1989 (hereinafter referred to as stateless persons) and who wish to acquire Vietnamese nationality shall submit an application for Vietnamese nationality including the Application for Vietnamese Nationality and the Personal History Statement in accordance with the model prescribed by the Ministry of Justice.

2. The procedures and formalities for handling applications for Vietnamese nationality of stateless persons as stipulated in Clause 1 of this Article shall be carried out as follows:

a) The People's Committee of the province shall direct the Department of Justice to coordinate with the provincial Public Security agency, the Department of Foreign Affairs (if any), and the People's Committee of the district, county, town, or city under the province (hereinafter referred to as the People's Committee of the district) to guide the People's Committee of the commune in organizing the review, compiling lists, assisting in the preparation of files, and verifying personal information of applicants for Vietnamese nationality.

The People's Committee of the district shall examine the list and application for Vietnamese nationality and propose the Department of Justice to handle the matter of granting Vietnamese nationality.

The Department of Justice shall coordinate with the provincial Public Security agency and the Department of Foreign Affairs to verify, report, and submit to the Chairman of the People's Committee of the province.

b) The Chairman of the People's Committee of the province shall examine, conclude, and propose regarding the application for Vietnamese nationality of those listed and send it to the Ministry of Justice.

c) Based on the list and file proposed by the People's Committee of the province, the Minister of Justice, acting on behalf of the Prime Minister, shall sign the report along with the list and file to be submitted to the President for examination and decision. In necessary cases, the Ministry of Justice shall consult with the Ministry of Public Security and the Ministry of Foreign Affairs before submitting to the President.

3. The deadline for submitting applications for Vietnamese nationality as provided in this Article is December 31, 2012. After this deadline, those mentioned in Clause 1 of this Article who have not yet submitted their applications but wish to acquire Vietnamese nationality shall have their applications processed according to the provisions of Articles 19, 20, and 21 of the Law on Vietnamese Nationality.

4. The Ministry of Justice shall be responsible for coordinating with the Ministry of Public Security and the Ministry of Foreign Affairs to guide the People's Committee of the province in developing plans for reviewing, compiling lists, and supporting the processing of applications for Vietnamese nationality for those specified in Clause 1 of this Article.

Section 2

RETURNING TO VIETNAMESE NATIONALITY

Article 9. Certain conditions for returning to Vietnamese nationality

The conditions prescribed at points c, d, and đ of Clause 1 of Article 23 of the Law on Vietnamese Nationality are as follows:

1. Persons who have made special contributions to the cause of building and defending the Socialist Republic of Vietnam and whose return to Vietnamese nationality would benefit the State of the Socialist Republic of Vietnam shall be applied according to the provisions of Clauses 1 and 2 of Article 6 of this Decree.

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

Article 10. Certain documents in the application for returning to Vietnamese nationality

1. The documents prescribed at points đ and e of Clause 1 of Article 24 of the Law on Vietnamese Nationality include:

a) Documents proving that the applicant for returning to Vietnamese nationality once had Vietnamese nationality, which may be one of the following: a copy of the Birth Certificate; a copy of the Decision to Revoke Vietnamese Nationality or the Certificate of Loss of Vietnamese Nationality; other documents indicating Vietnamese nationality or having value as proof of former Vietnamese nationality.

b) Documents proving eligibility to return to Vietnamese nationality, which may be one of the documents prescribed at points a, b, c, and d of Clause 2 of Article 7 of this Decree, or documents proving that the applicant for returning to Vietnamese nationality is currently undergoing procedures to repatriate to Vietnam, or a copy of the document certifying investment in Vietnam.

2. For minor children accompanying their parents in returning to Vietnamese nationality, a copy of the Birth Certificate of the child or other documents proving the parent-child relationship must be submitted. In cases where only the father or mother returns to Vietnamese nationality while the minor child lives with them and also wishes to return to Vietnamese nationality, a written agreement between the parents regarding the child's return to Vietnamese nationality must be submitted.

3. Applications for returning to Vietnamese nationality must be prepared in three copies and stored at the Office of the President, the Ministry of Justice, and the receiving agency.

Article 11. Verification of Applications for Reacquiring Vietnamese Nationality

1. In cases where it is necessary to verify additional information about the identity of individuals applying to reacquire Vietnamese nationality as stipulated in Clause 3, Article 25 of the Law on Vietnamese Nationality, the Ministry of Justice shall issue a document specifying the specific contents requesting the Ministry of Public Security to verify.

2. Within thirty 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 12. Cases Where Resignation from Vietnamese Nationality Has Not Been Granted

Individuals who owe taxes to the State or have financial obligations to agencies, organizations, or individuals in Vietnam as provided for in Point a, Clause 2, Article 27 of the Law on Vietnamese Nationality, and whose tax authorities or creditors issue a written request not to grant them resignation from Vietnamese nationality, the agency receiving the application will not process their request to resign from Vietnamese nationality.

Article 13. Certain Documents in Applications for Resignation from Vietnamese Nationality

The documents specified in Points d and g, Clause 1, Article 28 of the Law on Vietnamese Nationality are defined as follows:

1. The document confirming that the individual applying to resign from Vietnamese nationality is in the process of applying for foreign nationality is a document issued or guaranteed by the competent authority of the foreign country certifying or ensuring that the individual can acquire foreign nationality, except in cases where the laws of that country do not provide for the issuance of such a document. If the individual has already acquired foreign nationality before applying to resign from Vietnamese nationality, they must submit a copy of their passport or other identification document issued by the competent authority of the foreign country to prove that they hold foreign nationality.

2. The confirmation document specified in Point g, Clause 1, Article 28 of the Law on Vietnamese Nationality is issued by the head of the agency or unit that made the decision to retire, terminate employment, remove from office, dismiss, discharge, or release the individual from service, based on the regulations of the sector, to confirm that the individual's resignation from Vietnamese nationality does not affect national security protection or does not contravene the regulations of that sector.

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 receiving the application.

Article 14. Responsibilities of Agencies, Organizations, and Individuals in Reporting Cases Where Resignation from Vietnamese Nationality Has Not Been Granted or Is Not Permitted

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

Article 15. Verification of Identity of Individuals Applying to Resign from Vietnamese Nationality

1. In cases where individuals applying to resign from Vietnamese nationality are not exempted from identity verification procedures as stipulated in Article 30 of the Law on Vietnamese Nationality, the Ministry of Justice shall issue a document requesting the Ministry of Public Security to conduct verification.

2. Within thirty days from the date of receipt of the request from the Ministry of Justice, the Ministry of Public Security shall be responsible for conducting verification and replying with a written result to the Ministry of Justice.

Section 4

STRIPPING OF VIETNAMESE NATIONALITY AND CANCELLATION OF DECISIONS ON GRANTING VIETNAMESE NATIONALITY

 GRANTING VIETNAMESE NATIONALITY

Article 16. Documents for Requesting Revocation of Vietnamese Citizenship

1. In cases where the People's Committee of a province or the Vietnamese Representative Office abroad requests the revocation of Vietnamese citizenship from a person who has committed acts as prescribed in Clause 1, Article 31 of the Law on Vietnamese Citizenship, the documents shall include:

a) The request document of the People's Committee of a province or the Vietnamese Representative Office abroad regarding the revocation of Vietnamese citizenship;

b) Verification materials and conclusions of competent authorities regarding the violations committed by the person whose Vietnamese citizenship is being requested to be revoked;

c) Complaint letters or petitions against the person whose Vietnamese citizenship is being requested to be revoked (if any).

2. In cases where the Court has sentenced the defendant for committing acts as prescribed in Clause 1, Article 31 of the Law on Vietnamese Citizenship and requests the revocation of Vietnamese citizenship from that person, the documents shall include:

a) The request document of the Court regarding the revocation of Vietnamese citizenship.

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

Article 17. Documents for Requesting Cancellation of Decision on Granting Vietnamese Citizenship

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) Verification materials and conclusions of competent authorities regarding the violations committed by the person whose decision on granting Vietnamese citizenship is being requested to be canceled;

c) Complaint letters or petitions against the person whose decision on granting Vietnamese citizenship is being requested to be canceled (if any).

2. In cases where the Court has sentenced the defendant for committing acts as prescribed in Clause 1, Article 33 of the Law on Vietnamese Citizenship and requests the cancellation of the decision on granting Vietnamese citizenship from that person, the documents shall include:

a) The request document of the Court regarding the revocation of Vietnamese citizenship;

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

Section 5

 REGISTERING TO MAINTAIN VIETNAMESE CITIZENSHIP, ANNOUNCEMENT

 HOLDING FOREIGN NATIONALITY

Article 18. Registering to Maintain Vietnamese Citizenship

1. Vietnamese citizens residing abroad who have not lost Vietnamese citizenship under Vietnamese law before July 1, 2009 and do not have a valid Vietnamese passport, if they wish to maintain Vietnamese citizenship, must register to maintain Vietnamese citizenship.

2. The registration to maintain Vietnamese citizenship shall be completed by July 1, 2014. After this deadline, those mentioned in Clause 1 of this Article who do not register to maintain Vietnamese citizenship will lose Vietnamese citizenship; if they wish to regain Vietnamese citizenship, they must follow the procedures for reacquiring Vietnamese citizenship as stipulated by law.

Article 19. Authorities Implementing Registration to Maintain Vietnamese Citizenship

1. The Vietnamese Representative Office abroad authorized to implement the registration to maintain Vietnamese citizenship is the permanent or concurrently appointed Vietnamese Representative Office in the country where the person registering to maintain citizenship currently holds citizenship or resides.

2. In cases where Vietnam does not have diplomatic relations or a permanent or concurrently appointed Representative Office in the country where the person registering to maintain citizenship currently resides, the registration to maintain citizenship shall be carried out at a Vietnamese Representative Office in a third country upon authorization by the Ministry of Foreign Affairs.

Article 20. Procedures and Formalities for Registering to Maintain Vietnamese Citizenship

1. A person registering to maintain Vietnamese citizenship shall submit the Application Form according to the model and a copy of the document proving their Vietnamese citizenship to the authority responsible for registering to maintain Vietnamese citizenship as stipulated in Article 19 of this Decree (hereinafter referred to as the Registration Authority).

2. Upon receiving the Application Form for registering to maintain Vietnamese citizenship, the Registration Authority shall record it in the Register of Maintaining Vietnamese Citizenship and issue a confirmation certificate to the applicant stating that they have registered to maintain Vietnamese citizenship.

3. If the person registering to maintain Vietnamese citizenship has clear documentation proving their Vietnamese citizenship, the Registration Authority shall record in the Register of Maintaining Vietnamese Citizenship that the person has Vietnamese citizenship.

If the person registering to maintain Vietnamese citizenship does not have sufficient documentation proving their Vietnamese citizenship or the documentation is unclear, the Registration Authority shall cooperate with relevant agencies and organizations to conduct verification according to the guidelines of the Ministry of Justice, the Ministry of Foreign Affairs, and the Ministry of Public Security to determine whether the person has Vietnamese citizenship. The results of the verification shall also be recorded in the Register of Maintaining Vietnamese Citizenship.

Article 21. Notification of Foreign Nationality

1. As of July 1, 2009, a Vietnamese citizen who has acquired foreign nationality for any reason and has not yet lost Vietnamese nationality shall still retain Vietnamese nationality.

2. Within two years from the date of acquiring foreign nationality, the person specified in Clause 1 of this Article or their parents or guardians, if residing abroad, must notify the competent Vietnamese representative agency as prescribed in Article 19 of this Decree; if residing within the country, they must notify the Department of Justice where they reside about their acquisition of foreign nationality, along with a copy of the document proving their foreign nationality.

3. The Vietnamese representative agencies abroad and the Departments of Justice are responsible for recording in the Nationality Register when a Vietnamese citizen notifies of their acquisition of foreign nationality.

Chapter III

RECORDING MATTERS RELATING TO NATIONALITY IN THE HOUSEHOLD REGISTRATION BOOK

Article 22. Recording Vietnamese Nationality for Children Born to Stateless Parents

The registration of Vietnamese nationality for children born to stateless parents as stipulated in Article 17 of the Vietnamese Nationality Law is carried out through birth registration. When registering births, the household registration authority records the Vietnamese nationality of such children in the Birth Registration Book and Birth Certificate.

Article 23. Recording Matters Relating to Household Registration for Persons Acquiring or Returning to Vietnamese Nationality

Persons acquiring Vietnamese nationality or returning to Vietnamese nationality and residing in the country with household registration documents issued by the competent authorities of a foreign country must complete procedures to record these matters in the Household Registration Book at the Department of Justice where they reside, in accordance with the law on household registration. In cases where they apply for related household registration documents, the Department of Justice will record Vietnamese nationality in the documents requested.

Article 24. Recording Nationality in Household Registration Documents for Vietnamese Citizens Having Dual Nationality

Vietnamese citizens having dual nationality, when registering household matters before the competent Vietnamese authorities, shall have both Vietnamese nationality and foreign nationality recorded in the household registration documents.

Article 25. Note in the Household Registration Book Regarding Renunciation of Vietnamese Nationality

1. The Department of Justice is responsible for notifying the household management authority that retains the Birth Registration Book containing the name of the person who has renounced nationality to note the change of nationality in the Birth Registration Book.

2. In cases where the person who previously renounced Vietnamese nationality registered their birth at a Vietnamese representative agency abroad, this agency shall note the change of nationality of the person who has renounced Vietnamese nationality in the Birth Registration Book.

Chapter IV

RESPONSIBILITIES OF THE AUTHORITIES IN MANAGING NATIONALITY AFFAIRS

Article 26. Responsibilities of the Ministry of Justice

The Ministry of Justice assists the Government in exercising unified state management over nationality throughout the country and is responsible for the following:

1. Drafting and submitting to the competent state authorities for promulgation or promulgating within its jurisdiction normative legal documents on nationality;

2. Organizing, guiding, and directing provincial People's Committees in implementing normative legal documents on nationality;

3. Coordinating with the Ministry of Foreign Affairs in organizing, guiding, and directing Vietnamese representative agencies abroad in implementing normative legal documents on nationality;

4. Summarizing the situation and statistics of matters resolved regarding nationality, annually reporting to the Government;

5. Propagating and popularizing legal education on nationality;

6. Issuing and managing uniformly the forms and books on Vietnamese nationality;

7. Inspecting, supervising, and resolving complaints and denunciations related to the resolution of matters concerning Vietnamese nationality within its jurisdiction;

8. Reviewing files and coordinating with the Ministry of Public Security in verifying nationality files in accordance with the law;

9. The Minister of Justice, acting on behalf of the Prime Minister, signs the Memorandum requesting the President to approve the granting, restoration, or renunciation of Vietnamese nationality;

10. Taking the lead and coordinating with the Ministry of Foreign Affairs and the Ministry of Public Security in negotiating and signing international treaties on nationality;

11. Building and directing the construction of a nationwide electronic database on Vietnamese nationality;

12. After the time limit for processing as prescribed in Articles 8 and 18 of this Decree, directing provincial People's Committees to summarize the process of granting Vietnamese nationality to stateless persons; coordinating with the Ministry of Foreign Affairs to direct Vietnamese representative agencies abroad to summarize the registration of maintaining Vietnamese nationality for reporting to the Government.

Article 27. Responsibilities of the Ministry of Foreign Affairs

The Ministry of Foreign Affairs shall coordinate with the Ministry of Justice to manage state affairs regarding nationality for Vietnamese citizens abroad, and shall have the following responsibilities:

1. To take the lead and coordinate with the Ministry of Justice in organizing, guiding, and directing Vietnamese representative offices abroad to implement legal regulations on nationality.

2. To coordinate with the Ministry of Justice in inspecting and auditing nationality work at Vietnamese representative offices abroad.

3. To disseminate and popularize laws on nationality among Vietnamese citizens abroad.

4. To compile the situation and statistical data on nationality matters resolved at Vietnamese representative offices abroad, and annually report to the Ministry of Justice.

5. To coordinate with the Ministry of Justice in negotiating and signing international treaties on nationality.

6. To post on the Ministry of Foreign Affairs' website information about the subjects, deadlines, competent authorities, and procedures for registering to retain Vietnamese nationality until July 1, 2014; to take the lead and coordinate with the Ministry of Justice and the Ministry of Public Security to provide specific guidance on registering to retain Vietnamese nationality when encountering difficulties.

7. After the deadline specified in Article 18 of this Decree, to direct Vietnamese representative offices abroad to summarize the registration to retain Vietnamese nationality and report to the Ministry of Justice.

Article 28. Responsibilities of the Ministry of Public Security

1. The Ministry of Public Security shall coordinate with the Ministry of Justice during the process of handling nationality matters, and shall be responsible for reviewing, verifying, or guiding local public security agencies in verifying the personal status of individuals applying for acquisition, reacquisition, renunciation of Vietnamese nationality, or those proposed to have their Vietnamese nationality revoked or their decision to acquire Vietnamese nationality annulled.

2. To coordinate with the Ministry of Justice in negotiating and signing international treaties on nationality.

Article 29. Responsibilities of Provincial People's Committees

Provincial People's Committees shall manage state affairs regarding nationality within their jurisdiction and shall have the following responsibilities:

1. To examine and propose opinions on cases of application for acquisition, reacquisition, renunciation of Vietnamese nationality, revocation of Vietnamese nationality, and annulment of decisions to grant Vietnamese nationality.

2. To disseminate and popularize laws on nationality.

3. To compile the situation and statistics on nationality matters resolved, and annually report to the Ministry of Justice.

4. To handle complaints and denunciations within their authority.

5. After the deadline specified in Article 8 of this Decree, to summarize the resolution of granting Vietnamese nationality to stateless persons and report to the Ministry of Justice.

Article 30. Responsibilities of Vietnamese Representative Offices Abroad.

Vietnamese representative offices abroad shall manage state affairs regarding Vietnamese nationality within their area of responsibility and shall have the following responsibilities:

1. To examine and propose opinions on cases of application for renunciation, reacquisition of Vietnamese nationality, and revocation of Vietnamese nationality.

2. To register to retain Vietnamese nationality for Vietnamese citizens residing abroad and notify the results to the applicants.

3. To disseminate and popularize laws on nationality among Vietnamese citizens abroad.

4. To compile the situation and statistics on nationality matters resolved at Vietnamese representative offices abroad, and annually report to the Ministry of Foreign Affairs.

5. To handle complaints and denunciations regarding nationality within their authority.

6. To post procedures, formalities, and deadlines for registering to retain Vietnamese nationality on the Vietnamese representative office's website abroad until July 1, 2014.

7. After the deadline specified in Article 18 of this Decree, to summarize the registration to retain Vietnamese nationality and report to the Ministry of Foreign Affairs and the Ministry of Justice.

Chapter V

IMPLEMENTING PROVISIONS

Article 31. Effective Date

This Decree takes effect from November 10, 2009, and replaces Government Decree No. 104/1998/NĐ-CP dated December 31, 1998, detailing and guiding the implementation of the Law on Vietnamese Nationality, and Government Decree No. 55/2000/NĐ-CP dated October 11, 2000, amending certain articles of Government Decree No. 104/1998/NĐ-CP dated December 31, 1998, detailing and guiding the implementation of the Law on Vietnamese Nationality.

Article 32. Responsibility for Implementation

Within their functions and tasks, the Ministry of Justice, the Ministry of Foreign Affairs, and the Ministry of Public Security shall detail the implementation of assigned provisions and guide other necessary contents of this Decree to meet the requirements of state management over nationality.

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the Central Government shall be responsible for implementing this Decree.