Circular 05/2013/ttlt-Btp-Bca-Bng: Modify, Supplement 13 Circular No. 05/2010/ttlt-Btp-Bca-Bng On 1St March, 2010 Of The Ministry Of Justice, Ministry Of Foreign Affairs And The Ministry Of Public Security Enforcement Guide ...

Original Language Title: Thông tư liên tịch 05/2013/TTLT-BTP-BNG-BCA: Sửa đổi, bổ sung điều 13 Thông tư liên tịch số 05/2010/TTLT-BTP-BNG-BCA ngày 01 tháng 3 năm 2010 của Bộ Tư pháp, Bộ Ngoại giao và Bộ Công an hướng dẫn thi hành ...

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CIRCULAR additional amendments to article 13 circular No. 05/2010/TTLT-BTP-BCA-BNG on 1st March, 2010 of the Ministry of Justice, Ministry of Foreign Affairs and the Ministry of public security guidelines for implementing Decree No. 78/2009/ND-CP of September 22, 2009 by the Government detailing and guiding the implementation of some articles of the law of nationality Vietnam _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the law of nationality in Vietnam 2008;
Pursuant to Decree No. 78/2009/ND-CP of September 22, 2009 by the Government detailing and guiding the implementation of some articles of the law of Vietnam nationality;
Pursuant to Decree No. 93/2008/ND-CP on August 22, 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of Justice;
Pursuant to Decree No. 15/2008/ND-CP DATED April 2, 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of Foreign Affairs;
Pursuant to Decree No. 77/2009/ND-CP on September 15th, 2009 by government regulation functions, tasks, powers and organizational structure of the Ministry of public security;
The Ministry of Justice, Ministry of Foreign Affairs and the Ministry of public security following reunification.
Article 1. Modify, Supplement 13 circular No. 05/2010/TTLT-BTP-BCA-BNG on 1st March, 2010 of the Ministry of Justice, Ministry of Foreign Affairs and the Ministry of public security guidelines for implementing Decree No. 78/2009/ND-CP of September 22, 2009 by the Government detailing and guiding the implementation of some articles of the law of the country of origin Vietnam , specifically: "1. Granting Vietnam nationals confirmed a) When demand confirmation of Vietnam nationals, the requirements may apply in person or send it by post to the Vietnam representative offices abroad where that person resides (in the case in which no representative body shall apply at the Agency Chief Representative or the most convenient place representation) or the Justice Department where the person resides.
b) recommended records confirm Vietnam nationals include:-declarations confirm nationality Vietnam (HO CHI MINH CITY/QT form-2013-TKXNCQTVN) with 8 photos 4 x 6;
-Paper copy of identity card, passport or valuable papers;
-Copy attached themselves to collate or authenticated copies one of the papers is regulated in article 11 Vietnam 2008 Citizenship Law or similar papers by former Government previously granted, including birth certificates which do not have the nationality or category of nationality if they record it on the vacant Vietnam name (name of person requesting name, father, mother);
-Background declarations and documents specified in clause 1 article 10 circular No. 05/2010/TTLT-BTP-BCA-BNG in the absence of proof of citizenship.
c) solving of Vietnam representative offices abroad, the Justice Department: for the case there is enough basis determine nationality Vietnam: Vietnam representative offices abroad, the Justice Department actively checking against a list of people who were only Vietnam citizenship or nationality was stripped of Vietnam. The case confirms the requirement, the Vietnam nationals within 5 working days from the date of receiving the application, Vietnam representative offices abroad, the Justice Department review and granting Vietnam nationals validation (form TP/QT-2013-GXNCQTVN);
For cases not enough Vietnam citizenship defined basis:-the absence of sufficient proof of citizenship: + Vietnam Vietnam representative offices abroad to conduct the verification procedures of Vietnam nationality according to the provisions in article 10 circular No. 05/2010/TTLT-BTP-BCA-BNG (for filing cases in representative bodies).
+ Department of Justice suggest that the Ministry of Justice and public security provincial level where the request is resident or where the last permanent residence of that person in Vietnam to conduct verification (for case filing at the Department of Justice).
-The case of doubt the authenticity of the documents in the record, the Vietnam representative offices abroad, the Justice Department recommended the agencies, related organizations, lookup test, verification;
Within 10 working days from the date of receiving the recommended text retrieval, testing, verification, or Department of justice agencies, related organizations have written answers. Within 5 working days from the date of receiving results retrieval, testing, verification, Vietnam representative offices abroad, the Justice Department review and granting Vietnam nationals validation (form TP/QT-2013-GXNCQTVN) if identified who required are Vietnam nationality.
-Case after conducting the check, examine, verify, still do not have enough facilities to determine who requires Vietnam nationals, the receiver records the notice in writing to that person know.
2. Granting Vietnam a descent is confirmed) When in need of confirmation is Vietnam descent, who can request submission directly or sent by post to the Vietnam representative offices abroad where that person resides (in the case in which no representative body shall apply in concurrent representative body or body an convenient place for) or the State Commission of Vietnam abroad-Ministry of Foreign Affairs or the Department of justice where the person resides.
b) recommended records confirm is Vietnam descent include:-declarations confirm is Vietnam descent (form TP/QT-2013-TKXNLNGVN; 4 x 6 Photo 2 included;-paper copy identity card, passport or papers worth;-copy accompanied by a reference to or a copy authenticated proof of who has ever had that Vietnam nationality when born the President of Vietnam that when born Vietnam citizenship defined the principle of blood or father or mother, grandfather or grandmother, grandfather or grandmother ever Vietnam nationals according to the blood;
-Other relevant papers as a basis for reference include: + papers on identity, nationality, the Registrar stated in clause 2 article 9 circular No. 05/2010/TTLT-BTP-BCA-BNG (copies attached to the originals to reference or copy attested);
+ Application of Vietnam who society in which people are required to reside, which confirmed the original person has Vietnam;
+ Application of Vietnam nationality, which confirmed the original Vietnam requested;
+ Papers by the competent bodies of foreign countries in which Vietnam citizenship records or original Vietnam nationality (copy attached themselves to collate or authenticated copies).
c) solving of Vietnam representative offices abroad, the Justice Department:-within 5 working days from the date of receiving the full recommended records confirm a native Vietnam, Vietnam representative offices abroad, the State Committee on the Vietnam overseas or the Justice Department to review the papers required to present and test , the database collation, documents related to nationality (if any), if found to have enough basis to determine which Vietnam then give a certificate that is Vietnam descent (form TP/QT-2013-GXNLNGVN).
-Where there are not enough facilities to identify the requester is Vietnam descent, the receiver records the notice in writing to that person know.
3. Attached to this circular 4 types of sample papers for the granting of Vietnam nationality verification and confirmation is Vietnam descent:-declarations confirm Vietnam nationals, model: TP/QT-2013-TKXNCQTVN:-declarations confirm is Vietnam descent, model: TP/QT-2013-TKXNLNGVN;
-Vietnam nationality certificate, model: TP/QT-2013-GXNCQTVN;
-Confirmation is Vietnam descent, model: TP/QT-2013-GXNLNGVN. "2. Effective enforcement of this circular effect since August 16, 2013.
In the process, if any problems then the State agencies, organizations and individuals to reflect on the Justice Ministry to coordinate with the Foreign Ministry and the Ministry of public security timely instructions./.