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Circular 05/2010/ttlt-Btp-Bca-Bng: Guide The Implementation Of Decree No. 78/2009/nd-Cp Of September 22, 2009 By The Government Detailing And Guiding The Implementation Of Some Articles Of Law T

Original Language Title: Thông tư liên tịch 05/2010/TTLT-BTP-BNG-BCA: Hướng dẫn thi hành Nghị định số 78/2009/NĐ-CP ngày 22 tháng 9 năm 2009 của Chính phủ quy định chi tiết và hướng dẫn thi hành một số điều của Luật Quốc t

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CIRCULAR guiding the implementation of 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 Decree No. 78/2009/ND-CP of September 22, 2009 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, 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 on Vietnamese citizenship As follows, 1. The scope of this circular adjustment instructions the reception, verification and transfer of records of citizenship; Notice the results solve the work of citizenship; profile resolution to vacate Vietnam nationals in case the guarantee papers for foreign citizenship expiry; solve the Vietnam citizenship for stateless people under article 22 the nationality law of Vietnam; Subscribe to keep Vietnam nationals and foreign nationals announcement; confirmation of Vietnam nationality, native of Vietnam confirmed; Notes on the birth registry information about citizenship.
Article 2. Receive and verify the profile please login, please go back, to vacate Vietnam citizenship 1. When the receiving application for importing, please come back, vacate Vietnam nationality, if you see a profile that has full and valid, the Vietnam representative offices abroad, the Department of Justice (hereinafter called the agency receiving records) recorded on the shared acceptance of records please enter, please come back , vacate Vietnam citizenship, granted to the applicants receiving Votes of records according to the prescribed form and must be stamped hanging of the agency receiving records. Case records are incomplete, invalid, then the receiving agency records guides for additional litigants, finishing under the provisions of the nationality law of Vietnam in 2008 and the writing guide.
2. the receiving agency records do verify the profile please login, please go back, to vacate Vietnam nationality in order to check the legality of the papers are on file and the authenticity of the information on the enter, return, vacate Vietnam nationality. Receiver records suggest that the competent authorities check, verify if there are not clear, the lack of accurate name, address, family ties, please, please come back, vacate Vietnam nationals, proving information about donations for the cause of construction and defense the enter, return to Vietnam nationals benefit Vietnam State or other related information.
3. the receiving authority records created directory of papers are in each profile and a list of those recommended to solve the work of citizenship according to the form prescribed.
4. For the record to vacate Vietnam nationals, the agency receiving records is responsible for sorting the records in an exemption of verification of identity according to the provisions of article 30 of law of nationality and the Vietnam record in need of verification of identity. The case resumes to vacate Vietnam nationals in an exempt verify about identity, the term of the secured papers for foreign citizenship must be at least 120 days from the date of receiving the record; the case was not free of verification procedures on identification, the time limit must be at least 150 days from the date of receiving the records.
Article 3. Transfer of records please enter, please come back, vacate Vietnam citizenship 1. Vietnam representative offices abroad (through the Ministry of Foreign Affairs), the people's committees of provinces and cities directly under the Central Government (hereinafter the provincial people's Committee) submitted the proposed text comments attached to the list of those recommended to resolve and profile please enter Please come back, vacate Vietnam nationality.
When sending text to propose ideas for solving application integration, please go back, to vacate Vietnam nationality, Vietnam representative offices abroad, the provincial people's Committee at the same time send to the list of those recommended to resolve the e-mail address of the Ministry of Justice : quoctich@moj.gov.vn.   
2. After receiving the proposed text comments attached to the list of those recommended to solve application and enter, please come back, vacate Vietnam nationality stated in paragraph 1 of this article, the Ministry of Justice received log records and post the list of those recommended to solve the work of citizenship on the electronic portal of the Ministry of Justice. The Ministry of Justice updated the progress of the results resolve the profile on the list has been posted.
Article 4. Notice the results resolve records for the enter, return, vacate Vietnam citizenship 1. The case please enter, please come back, vacate Vietnam nationals residing in the country, then within 10 days from the date of the decision of the President to enter, return, only Vietnam citizenship, the Ministry of Justice sent to persons entered, are back, all right of citizenship decision replica Vietnam which enclose a quoted list of stars who are entering , are back, all right, Vietnam nationals sent 11 to the provincial people's Committee where the receiving records to track, manage, the statistics work to resolve about nationality.
2. where the person back, vacate Vietnam nationals residing abroad, shall within 10 days from the date of the decision of the President to return, only Vietnam citizenship, the Justice Department sent a copy of the decision is accompanied by a list of the people who are back the President of Vietnam, fine for the Foreign Ministry to transfer to Vietnam representative offices abroad where took the record. Within 10 days from the date of receiving a copy of the decision, the Vietnam representative offices abroad notice in writing to the person who was back, all right, in which Vietnam citizenship stating: the number of the decision; day, month, year of decision; content decision.
3. in case the Justice Department found did not qualify for the State President to enter, to return to Vietnam or nationality only, not the President agree to enter, return, only Vietnam, citizenship notice in writing to the Vietnam representative offices abroad (through the Ministry of Foreign Affairs) or to the provincial people's Committee to report for the applicants knew.
Article 5. Notify the Registrar registry enter, return, stop Vietnam citizenship 1. Within 10 days from the date of the decision of the President of the merged, only Vietnam citizenship, the Ministry of Justice informed the Justice Department, where the population of Vietnam has registered the birth before, or where the birth registry archive of the old regime to the note on the birth register according to the instructions in article 14 of this circular. The former case litigants have registered the birth in the district people's Committee, district, town, city in the province (hereafter referred to as the people's committees at district level) or the people's committees of communes, wards and towns (hereinafter the township-level people's committees), then after receiving the notice of the Ministry of Justice , The Department of Justice has a responsibility to notify the Committee at district level and people's Social Committee, registered the birth place to note on the registry of births.
In case people entered, well before Vietnam nationals have registered the birth in Vietnam representative offices abroad, the notice was sent to Vietnam representative offices abroad, registered place of birth; If the birth registry had moved to save 1 vol. in the Foreign Ministry, the Vietnam representative offices abroad is responsible for notification to the Ministry of Foreign Affairs notes to the birth registry at the Ministry of Foreign Affairs.
2. In the case of people who are returned to Vietnam nationality which had previously noted in the registry of births the only Vietnam citizenship, then the message and notes on birth registration book the back country of origin Vietnam also made as instructed in paragraph 1 of this article. 
3. In the case of the notice on the enter, return, stop Vietnam nationality that agencies have registered the birth are no longer saved in the registry of births before, then the receiver back to the justice tracking, management.
Article 6. Profile resolution to vacate Vietnam nationals in case the guarantee papers for foreign citizenship expiry 1. The resolution of the case records to vacate Vietnam citizenship delays that lead to ensure the papers for foreign citizenship expiry, then the Ministry of Justice informed Vietnam representative offices abroad to inform people to vacate Vietnam citizenship know and renewals procedures or new application papers.
2. If the vacate Vietnam citizenship proposal, Vietnam representative offices in foreign countries to take measures to support the procedure please renew or apply for a new grant secured the papers for foreign citizenship.
3. Who resign citizenship Vietnam secured the papers submission for the foreign citizen has been renewed or granted for new Vietnam representative offices abroad to transfer to the Ministry of justice the President considered, decided to stop Vietnam nationality.
Article 7. Solve the Vietnam citizenship for stateless people under article 22 the nationality law of Vietnam

1. The Department of Justice, in cooperation with the public security organs, the central cities (hereafter called the provincial public security authority), foreign service and the Agency, other organization concerned construction plan solve the citizenship for stateless persons without full papers on human body but has the stable residence on the territory of Vietnam from 20 years or over as of 1/7/2009, currently residing on the local table to the Chairman of the provincial people's Committee for approval.
Based on the approved plan, the Department of Justice, in collaboration with the people's Committee of the district level people's Committee issued guidelines your town, make a list of those subject to the aforesaid resolution currently residing on the local.
2. provincial public security authorities, in cooperation with the Department of Justice and the local authorities on the verification of identity and residence time of stateless people in the locality.
The case of stateless persons subject to the aforesaid resolution have residences in many provinces and cities under central Government are different, then the provincial public security authorities to contact the police of the locality for which the person has been residing for verification of identity and time of residence of that person.
Article 8. Post list of Vietnam representative offices abroad implement the registration hold Vietnam citizenship and receiving notice of foreign nationals Affairs posted on the electronic portal of the Ministry of Foreign Affairs list of Vietnam representative offices abroad have the authority under the counties made the registration hold Vietnam citizenship and receiving information report on foreign nationals of Vietnam citizens domiciled abroad. This list was posted on the electronic portal of the Ministry of Justice.
Article 9. Legal documents and paperwork used to determine nationality Vietnam for the Vietnam nationals holds registration 1. Vietnam representative offices abroad apply the laws of Vietnam nationality was issued from 1945 to before 1 July 2009 to identify registrants who hold citizenship or no citizenship Vietnam at the time of registration, including the following text :-Decree 53/SL on October 20, 1945 Vietnam citizenship regulations;
-Decree No. 73/SL on December 7, 1945 Vietnam naturalization regulations;
-Decree No. 25/SL 25 February 1946 amending decree 53/SL on October 20, 1945 Vietnam citizenship regulations;
-Decree No. 215/SL on August 20, 1948 and assign these rights especially for those foreign countries helped Vietnam resistance;
-Decree No. 51/SL on December 14, 1959 repealed article 5, Decree No. 53/SL 6 October 1945 Vietnam citizenship regulations;
-Resolution No. 1043/NQ-TVQHK6 August 2 1971 of the Standing Committee of the National Assembly on the vacate or enter Vietnam nationality;
-Decision No. 268/TTg dated 12 September 1980 by the Prime Minister on the policy for fine and give back Vietnam's Vietnam nationals abroad;
-Law of Vietnam nationality in 1988 and the guidelines for implementing texts;
-Vietnam nationality law of 1998 and the guidelines for implementing texts;
-The international treaties to which Vietnam is a member.
2. The papers about identity, nationality, Registrar because the old regime issued before July 30, 1975 is also grounds for Vietnam representative offices abroad consider, identify Vietnam nationality of registrants keep Vietnam nationality.
3. When applying the laws of Vietnam nationality or review papers to determine Vietnam nationality stated in paragraph 1 of this article, in particular cases, if there are problems, the Vietnam representative offices abroad reflects on the Foreign Ministry to coordinate with the Ministry of Justice and the Ministry of public security timely instructions.
Article 10. Vietnam nationality verification of subscribers keeps Vietnam citizenship 1. The case of registrants keep Vietnam nationality do not have enough proof of citizenship or proof of Vietnam unknown, then in addition to the information in the registration form to keep Vietnam nationals, subscribers hold Vietnam nationals have to submit additional declarations and resume the following papers (if available) to serve the verification of nationality of that person :-a copy of the papers about identity, nationality, Registrar, his grandmother, father, mother, brothers, siblings, children;
-A copy of papers related to the content of citizenship by the old regime issued before July 30, 1975;
-A copy of the papers on which the nationality or citizenship of the original Vietnam Vietnam due to the competent bodies of foreign countries.
2. within 10 working days from the date of receiving the registration form keep Vietnam citizenship, for those cases need to be verified to identify registrants who have citizenship or not Vietnam, Vietnam representative offices abroad to send the verification proposal text on Ministry of Foreign Affairs accompanied by copies of the papers , the information service of the verification provided by the person who registered.
Within 5 working days from the date of receiving the written recommendation of the Vietnam representative offices abroad, the Foreign Ministry sent the Ministry of public security proposed text on verification of identity, at the same time submit the proposed text retrieval see litigants have named in the list were well or have been deprived of Vietnam nationality or not.
Within a period of 60 days from the date of the verification proposal text, Ministry of public security made the verification of identity and respond to the Foreign Ministry about the verification results.
Within 30 days from the date of the proposed text retrieval, the Ministry of Justice has the responsibility to consult the list of those who had been President for only Vietnam nationality, list of people who have been stripped of citizenship in the Vietnam archive system and answered The diplomacy of results retrieval.
3. within 5 working days from the date of receiving the written reply about the results verify and lookup stated in paragraph 2 of this article, the State Department sent text message verification results, lookup for Vietnam representative agencies overseas to complete registration procedures keep Vietnam nationality.
Article 11. Inform foreign nationals 1. The population of Vietnam at the same time foreign nationals subject to the provisions in article 21 paragraph 1 of Decree 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 directly or through parents , guardian of the person submitting the notice in writing about having foreign citizenship for Vietnam representative offices abroad or the Department of justice where the person resides (hereinafter called the agency receiving the notice). Written notice must be made according to the prescribed form, signed by the announcement.
No case conditions made the announcements as above, then the message can send written notice to foreign nationals to receive notification by mail, enclose a copy of identification.
2. within 10 working days from the date of the notice of foreign nationals receiving agency notices, notes on previous birth register according to the instructions in article 15 of this circular, if previous birth registrations were made at the Agency receives the notice. The determination of the place of birth registration was previously based on the declarations of the litigants in the message text.
The case of the registration of the birth has previously been done in other places, the receiver must have a written notice informing the Justice Department or the Vietnam representative offices abroad, where the former litigants have registered to make notes on the registry of births. If the previous birth registration made at the district level people's Committee or the people's Social Committee, after receiving the notice, the Justice Department notified the Commission for district-level people's committees and the social level to notes on the registry of births.
In the case of the notice about having foreign citizenship of the citizens that the Agency has registered the birth are no longer saved in the registry of births before, then the agency receiving notifications back to the Ministry of Justice.
Article 12. Report results register kept Vietnam nationality, registration of citizens, informed foreign nationals 1. Vietnam representative offices abroad where receiving the registration hold Vietnam citizenship and receiving notice of periodic foreign nationals every year, reports the Foreign Ministry a list of registrants keep nationality Vietnam and Vietnam citizens list have reported to have foreign nationality. The Foreign Ministry informed the Ministry of Justice and the Ministry of public security on that list.
Every year, the Ministry of Foreign Affairs informed the Ministry of Justice and the Ministry of public security said the results of registration of citizens in Vietnam representative agencies overseas to serve the resolution, management, General statistics, the work of citizenship.
2. where the Department of Justice receives the notice of the foreign nationality of the citizens annual recurring General, Department of Justice report lists citizens of Vietnam have reported to have foreign nationality. The Ministry of Justice informs the Foreign Ministry and the Ministry of public security on that list.
Article 13. Confirmation of Vietnam nationality, native of Vietnam confirmed 1. When in need please confirm Vietnam nationals, people asked to send an application for confirmation of nationality to Vietnam Vietnam representative offices abroad or the Department of justice where that person resides, in which clearly the purpose of Vietnam nationality verification, please, enclose a copy of proof of Vietnam nationality.
Within 5 working days from the date of receiving the application for confirmation of nationality, Vietnam Vietnam representative offices abroad, the Justice Department recommended the Ministry of Justice consulted the list of those who had been President for only Vietnam nationality and the list of people being deprived of Vietnam nationality. Within 10 days from the date of the proposed text, the justice system lookup nationality and answer results.

Evidence base of Vietnam nationality and results retrieval of the Ministry of Justice, if it deems there is enough basis to affirm the applicant has citizenship Vietnam, Vietnam representative offices abroad, the Justice Department responded in writing that that person confirmed to have Vietnam nationality.
2. When in need please confirm is Vietnam descent who asked to send an application for confirmation is Vietnam descent to Vietnam representative offices abroad or the Department of justice where that person resides, in which clearly the purpose of the Please confirm is Vietnam descent , accompanied by a fierce, proof of who has ever had that Vietnam nationality when born out of that nationality is determined by blood.
Within 5 working days from the date of receiving the confirmation form is a native of Vietnam, Vietnam representative offices abroad, the Justice Department recommended the Ministry of Justice consulted the list of those who had been President for only Vietnam nationality and the list of people being deprived of Vietnam nationality. Within 10 days from the date of the proposed text, the reference in the system archive of citizenship and answer results.
The base test results and check, if it deems there is enough basis to affirm the applicant is Vietnam descent, then within 5 working days from the date of completion of the examination procedure, review, Vietnam representative offices abroad, the Justice Department responded in writing that that person was the original confirmation of Vietnam.
3. in case of insufficient basis to affirm Vietnam nationality the applicant or a native of Vietnam, the Vietnam representative offices abroad, the Justice Department notified in writing to the people that know.
Article 14. Notes on the birth register, back, only Vietnam citizenship When getting the message about the import, back, only Vietnam citizenship Agency, are stored in the registry of births under the guidelines in article 5 this circular notes in the notes column of the registry of births. Contents include: notes of the decision; day, month, year of decision; content decision. Officers made notes must sign, stating the name and the date, month, year subordinated notes.
Article 15. Notes on the birth register informed foreign nationals 1. When getting the message about having foreign nationality, the bodies are stored in the registry of births under the guidance in article 11 of this circular notes in the notes column of the registry was born the same time Vietnam citizens have foreign nationality. Content notes must include: foreign nationals there, the time of foreign nationals, foreign nationals way. Officers made notes, stating the name and the date, month and year made notes.
2. After the publication of notice of the citizens of Vietnam have foreign citizenship, then the record of that person's nationality in the birth certificate when the level back to the original birth certificate or a copy of a birth certificate from the registry of births are recorded both in Vietnam and the nationality of foreign nationality.
Article 16. Implementation of this circular are effective since 15 April 2010.
Annual recurring, Ministry of justice statistics, General Government reports results addressing the work of citizenship.