Who has the entitlement to issue certificates of Vietnamese origin?

Who has the entitlement to issue certificates of Vietnamese origin? (Internet image)

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

1. Who are persons of Vietnamese origin residing abroad?

According to Clause 4, Article 3 of the Law on Vietnamese Nationality 2008, 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.

2. Who has the entitlement to issue certificates of Vietnamese origin?

Specifically, Article 32 of Decree 16/2020/ND-CP stipulates the entitlement to issue certificates of Vietnamese origin as follows:

Applicants for issuance of certificates of Vietnamese origin shall apply at Departments of Justice where they reside domestically or State Committee on Overseas Vietnamese Affairs affiliated to Ministry of Foreign Affairs.

3. Procedures for issuance of certificates of Vietnamese origin 

Pursuant to Article 33 of Decree 16/2020/ND-CP, procedures for issuance of certificates of Vietnamese origin are as follows:

- 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 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.

- 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.

4. Policies toward persons of Vietnamese origin residing abroad 

Policies toward persons of Vietnamese origin residing abroad are prescribed in Article 7 of the Law on Vietnamese Nationality 2008 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.

Ho Quoc Tuan

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE