Who are persons of Vietnamese origin residing abroad? What are procedures for issuance of certificates of Vietnamese origin?
Who are persons of Vietnamese origin residing abroad? What are procedures for issuance of certificates of Vietnamese origin?
Who are persons of Vietnamese origin residing abroad?
Pursuant to Article 3 of the Law on Vietnamese Nationality in 2008:
Interpretation of terms
In this Law, the terms below are construed as follows:
1. “Foreign nationality” is the nationality of a country other than the Vietnamese nationality.
2. “Stateless person” is a person who has neither Vietnamese nationality nor foreign nationality.
3. “Overseas Vietnamese” are Vietnamese citizens and persons of Vietnamese origin who permanently reside in foreign countries.
4. “Persons of Vietnamese origin residing abroad” are Vietnamese people who used to have Vietnamese nationality which had been determined at the time of their birth on the consanguinity principle and their offsprings and grandchildren are permanently residing in foreign countries.
5. “Foreigners residing in Vietnam” are foreign nationals and stateless persons who permanently or temporarily reside in Vietnam.
As regulated above, persons of Vietnamese origin residing abroad are Vietnamese people who used to have Vietnamese nationality which had been determined at the time of their birth on the consanguinity principle and their offsprings and grandchildren are permanently residing in foreign countries.
Who are persons of Vietnamese origin residing abroad? What are procedures for issuance of certificates of Vietnamese origin? - image from internet
What are procedures for issuance of certificates of Vietnamese origin?
Pursuant to Article 33 of the Decree 16/2020/ND-CP stipulating procedures for issuance of certificates of Vietnamese origin:
Step 1: Submission of application
Each applicant for issuance of certificate of Vietnamese origin shall prepare 1 application consisting of a declaration form, 2 4x6 photos taken in the past 6 months and copies of following documents:
- Documents on record of the applicant namely ID card, Citizen Identity Card, residence documents, temporary resident card, laissez-passers, documents allowing international travel or documents confirming personal record bearing photos issued by competent agencies;
- Documents previously issued proving that the applicant once held Vietnamese nationality or documents proving he/she has parents or grandparents who hold Vietnamese nationality.
In case none of the documents above are available, on a case-by-case basis, submit following documents
- Copies of documents on personal record, nationality or civil status issued by former southern government before April 30, 1975;
- Documents issued by former government of Hanoi from 1911 to 1956;
- Guarantees of associations and groups of overseas Vietnamese where the applicant is residing that confirm Vietnamese origin of the applicant;
- Guarantees of Vietnamese nationals which confirm Vietnamese origin of the applicant;
- Documents issued by foreign competent agencies that specified Vietnamese nationality or Vietnamese origin.
Step 2: Consideration and issuance of certificates of Vietnamese origin
Within 5 working days from the date on which the applications are accepted, agencies that accept the applications are responsible for inspecting and examining information in the applications and documents presented by the applicant and compare with database and dossiers on nationality.
If the applicant is sufficiently identified to have Vietnamese origin, agencies that accept the applications shall record in Vietnamese origin certificate registry and issue certificates of Vietnamese origin to the applicant.
If issuance of certificates of Vietnamese origin is not well-grounded, agencies accepting the application shall notice the applicants in writing.
What are policies toward persons of Vietnamese origin residing abroad?
Pursuant to Article 7 of the Law on Vietnamese Nationality in 2008 stipulating policies toward persons of Vietnamese origin residing abroad:
Policies toward persons of Vietnamese origin residing abroad
1. The State of the Socialist Republic of Vietnam adopts policies to encourage and create favorable conditions for persons of Vietnamese origin residing abroad to maintain close relations with their families and homeland and contribute to the building of their homeland and country.
2. The State adopts policies to create favorable conditions for persons who have lost their Vietnamese nationality to restore Vietnamese nationality.
As regulated above, policies toward persons of Vietnamese origin residing abroad are as follows:
- The State of the Socialist Republic of Vietnam adopts policies to encourage and create favorable conditions for persons of Vietnamese origin residing abroad to maintain close relations with their families and homeland and contribute to the building of their homeland and country.
- The State adopts policies to create favorable conditions for persons who have lost their Vietnamese nationality to restore Vietnamese nationality.
