Procedures for processing of application for renunciation of Vietnamese nationality

Procedures for processing of application for renunciation of Vietnamese nationality (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Grounds for renunciation of Vietnamese nationality

The grounds for renunciation of Vietnamese nationality under Article 27 of the Law on Vietnamese Nationality 2008 are as follows:

- A Vietnamese citizen who files an application for renunciation of Vietnamese nationality to acquire a foreign nationality may be permitted to renounce Vietnamese nationality.

- A person applying for renunciation of Vietnamese nationality may not renounce Vietnamese nationality if he/she falls into any of the following cases:

+ Owing tax debts to the State or having a property obligation toward an agency, organization or individual in Vietnam;

+ Being examined for penal liability;

+ Serving a Vietnamese court’s judgment or ruling;

+ Being kept in detention pending judgment enforcement;

+ Serving a decision on application of the administrative handling measure of confinement to an education establishment, a medical treatment establishment or a reformatory.

- A person applying for renunciation of Vietnamese nationality may not renounce Vietnamese nationality if such renunciation is detrimental to Vietnam’s national interests.

- Cadres, civil servants and those who are serving in Vietnamese people’s armed forces may not renounce Vietnamese nationality.

- The Government shall specify conditions for renunciation of Vietnamese nationality.

2. Application for renunciation of Vietnamese nationality

Application for renunciation of Vietnamese nationality under Clauses 1 and 2, Article 28 of the Law on Vietnamese Nationality 2008 is as follows:

- An application for renunciation of Vietnamese nationality comprises:

+ An application for renunciation of Vietnamese nationality;

+ A curriculum vitae;

+ A copy of the Vietnamese passport, identity card or other papers specified in Article 11 of the Law on Vietnamese Nationality 2008;

+ A judicial record issued by a competent Vietnamese authority. Judicial records must be issued within 90 days before the date of filing the dossier;

+ Papers proving that the applicant is carrying out procedures for acquisition of foreign nationality, except cases in which the laws of that country do not provide for the issuance of these papers.

+ The written certification of clearance of tax debts, issued by the Tax Department of the locality where the applicant resides;

+ Those who used to be cadres, civil servants or employees or used to serve in Vietnamese people’s armed forces and have retired, stopped working, been dismissed, removed from office or relieved from post or demobilized for not more than 5 years, are also required to submit documents of the agencies, organizations or units which have issued the decisions on their retirement, dismissal, removal from office or relief from post or demobilization, certifying that their renunciation of Vietnamese nationality is not detrimental to Vietnam’s national interests.

- Vietnamese citizens who do not permanently reside in Vietnam are not required to submit papers specified at Points d, f and g, Clause 1 of rticle 28 of the Law on Vietnamese Nationality 2008.

3. Procedures for processing of application for renunciation of Vietnamese nationality

Procedures for processing of application for renunciation of Vietnamese nationality under Article 29 of the Law on Vietnamese Nationality 2008 are as follows;

-  If the person applying for renunciation of Vietnamese nationality resides in Vietnam, he/she shall file the dossier to the provincial-level Justice Service of the locality where he/she resides;

If residing abroad, he/she shall file the dossier to the Vietnamese representative mission in the host country. In case the dossier is incomplete under Article 28 of the Law on Vietnamese Nationality 2008 or invalid, the dossier-receiving agency shall immediately notify the applicant thereof for supplementation or completion of the dossier.

- In case the person applying for renunciation of Vietnamese nationality resides in Vietnam, within 5 working days after the receipt of a complete and valid dossier, the provincial-level Justice Service shall publish an announcement on the application for renunciation of Vietnamese nationality on three consecutive issues of a local printed or online newspaper and forward this announcement to the Justice Ministry for posting on the latter’s website;

On case the applicant resides abroad, within 5 working days after the receipt of a complete and valid dossier, the overseas Vietnamese representative mission shall publish the announcement on its website.

Announcements must be posted on websites for at least 30 days.

- Within 5 working days after the receipt of a complete and valid dossier, the provincial-level Justice Service shall send to the provincial-level Public Security Department a written request for verification of the applicant’s identity.

Within 20 days after the receipt of the provincial-level Justice Service’s request, the provincial-level Public Security Department shall conduct verification and send verification results to the provincial-level Justice Service.

During this period, the provincial-level Justice Service shall examine papers in the dossier of application for renunciation of Vietnamese nationality.

Within 5 working days after the receipt of verification results, the provincial-level Justice Service shall complete the dossier for submission to the provincial-level People’s Committee president.

Within 5 working days after the receipt of the proposal of the provincial-level Justice Service, the provincial-level People’s Committee president shall consider, make conclusion and send his/her opinion to the Ministry of Justice.

- Within 20 days after the receipt of a complete and valid dossier, the overseas Vietnamese representative mission shall examine and transfer the dossier, together with its opinion on the renunciation of Vietnamese nationality to the Ministry of Foreign Affairs for forwarding to the Ministry of Justice.

In case of necessity, the Ministry of Justice may request the Ministry of Public Security to verify the applicant’s identity.

- Within 20 days after the receipt of the proposal of the provincial-level People’s Committee president or the overseas Vietnamese representative mission, the Ministry of Justice shall re-examine the dossier, if finding that the applicant is eligible for renunciation of Vietnamese nationality, the Ministry shall report the case to the Prime Minister for submission to the President for consideration and decision.

- The President shall consider and make decision within 20 days after the receipt of the Prime Minister’s proposal.

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