Procedures for application for verification of Vietnamese nationality

Procedures for application for verification of Vietnamese nationality
Trần Thanh Rin

What are the procedures for application for verification of Vietnamese nationality? – Quang Huy (Da Nang, Vietnam)

Procedures for application for verification of Vietnamese nationality

Procedures for application for verification of Vietnamese nationality (Internet image)

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

1. Types of papers serving as the basis for verification of Vietnamese nationality

According to Clause 2, Article 28 of Decree 16/2020/ND-CP, papers serving as the basis for verification of Vietnamese nationality include:

- Documents relating to nationality, civil status, residence registry, passports or other documents issued by competent agencies of Vietnam to Vietnamese citizens from 1945 to July 1, 2009 exclusively, which specify Vietnamese nationality or information relating to Vietnamese nationality and citizens;

- Documents relating to nationality, civil status, residence registry, passports or other documents issued by former southern government of Vietnam before April 30, 1975 or by former government in Hanoi from 1911 to 1956, which specify Vietnamese nationality or information relating to Vietnamese nationality and citizens.

2. Procedures for application for verification of Vietnamese nationality

2.1. Application for verification of Vietnamese nationality

Each applicant for verification of Vietnamese nationality shall prepare 1 application consisting of a declaration form, 4 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 specified in Section 1.

(Clause 1, Article 29 of Decree 16/2020/ND-CP)

2.2. Procedures for application for verification of Vietnamese nationality

Specifically, in Clause 2, Article 29 of Decree 16/2020/ND-CP stipulating the registration procedures to be determined to have Vietnamese nationality as follows:

- Within 5 working days from the date on which applications are accepted, representative bodies are responsible for examining the applications, directly looking up or requesting Ministry of Foreign Affairs in written form to propose Ministry of Justice to looking nationality up;

Within 10 working days, Ministry of Justice shall look up and respond Ministry of Foreign Affairs in written form. If Vietnamese nationality of the applicant is verified and the applicant is not under lists of persons subject to renunciation, denaturalization and annulment of decision on naturalization of Vietnamese nationality, record in books for application for verification of Vietnamese nationality. 

In case the applicant requests issuance of Vietnamese passport, representative bodies shall follow procedures for issuance of passport or inform the applicant to arrive at the representative bodies to follow procedures for issuance of passports if the applicant receives the passport via postal services. Issuance of passports shall be implemented according to relevant law provisions.

In case of application for verification of Vietnamese nationality without issuance of Vietnamese passports, after recording in the books for application for Vietnamese nationality verification, representative bodies shall provide the applicant with copies using defined form.

If the applicant later requests issuance of Vietnamese passports, representative bodies shall issue passports according to relevant law provisions.

- During the period specified in Clause 2 of Article 29 of Decree 16/2020/ND-CP, if verification of Vietnamese nationality is not well-grounded, representative bodies shall issue written request to Ministry of Foreign Affairs to propose Ministry of Foreign Affairs to look up and send Ministry of Public Security for verification.

Within 45 days from the date on which the request is received, Ministry of Justice and Ministry of Public Security shall look up, verify and respond Ministry of Foreign Affairs in written form.

Within 5 working days from the date on which looking up and verification results are received, Ministry of Foreign Affairs shall inform representative bodies to complete verification of Vietnamese nationality of the applicant.

If Vietnamese nationality cannot be verified, agencies accepting the application shall respond the applicant in writing.

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