JOINT CIRCULAR
Guiding the implementation of Decree No. 78/2009 / ND-CP of September 22, 2009 of the Government detailing and guiding the implementation of some articles of the Law on Nationality Vietnam || | ____________________________
Pursuant to Decree No. 78/2009 / ND-CP of September 22, 2009 the Government detailing and guiding the implementation of some articles of the Law on Nationality of Vietnam;
Pursuant to Decree No. 93/2008 / ND-CP of August 22, 2008 of the Government regulating the functions, tasks, powers and organizational structure of the Ministry of Justice;
Pursuant to Decree No. 15/2008 / ND-CP dated 04 May 02, 2008 of the Government regulating the functions, tasks, powers and organizational structure of the Ministry of Foreign Affairs;
Pursuant to Decree No. 77/2009 / ND-CP of September 15, 2009 of the Government regulating the functions, tasks, powers and organizational structure of the Ministry of Public Security, Ministry of Justice
, Ministry of Foreign Affairs and Ministry of Public security, guiding the implementation of Decree No. 78/2009 / ND-CP of September 22, 2009 of the Government detailing and guiding the implementation of some articles of the Law on Nationality Vietnam as follows:
Article 1. scope this
joint circular guiding the reception, verification and transfer of citizenship records; announced the results of solving the nationality; settlement profile Vietnam nationality relinquishment papers in the case to ensure that the foreign citizenship expired; settling the Vietnam citizenship for stateless persons in accordance with Article 22 Vietnam Nationality Law; Registration Vietnam hold citizenship and inform foreign nationals; confirm the nationality Vietnam, confirmation is a native of Vietnam; notes on the birth register of information on nationality.
Article 2. To receive and verify dossiers apply for return, renunciation of nationality Vietnam
1. When receiving dossiers apply for return, renunciation of nationality Vietnam, if records are complete and valid, Vietnam representative agencies abroad, the Department of Justice (hereinafter referred to as Agency receiving records) recorded in the records of acceptance apply for return, renunciation of nationality Vietnam, and grant applicants receive dossiers slip in the prescribed form and must be a stamp of agencies receiving dossiers. If the dossier is incomplete, invalid, the receiving agency guidance documents to the applicants added, finishing as prescribed by Vietnam Nationality Law of 2008 and the guiding text.
2. Agencies receiving dossiers carried out the verification of records and apply for return, renunciation of nationality Vietnam to examine the legality of the documents in the dossier and the authenticity of the information on the apply for return, renunciation of nationality Vietnam. Agencies receiving dossiers requesting competent authorities check, verify if there are unclear, imprecise name, address, family relationships, purpose and apply for return , renunciation of nationality Vietnam, proving information on the contribution to the cause of building and defending the Fatherland, to enter, return to Vietnam nationality in favor of the State of Vietnam or other information relating . 3
. Agencies receiving dossiers cataloging the papers contained in each file and the list of persons proposed for solving the citizenship in the prescribed form.
4. For the record the nationality renunciation of Vietnam, receiving agencies are responsible for records classified as exempt records of personal verification as provided for in Article 30 of the Law on Nationality of Vietnam and dossiers subject need to verify the identity. If the dossier nationality relinquishment Vietnam exempt personal verification, the duration of the guarantee documents for foreign citizenship must remain at least 120 days from the date of receipt of the application; Free event no verification procedures, the time limit personal must remain at least 150 days from the date of receipt of the dossier.

Article 3. Transfer records apply for return, renunciation of nationality Vietnam
1. Vietnam representative agencies abroad (through the Ministry of Foreign Affairs), the People's Committees of provinces and centrally-run cities (hereinafter referred to as the provincial People's Committee) to the Ministry of Justice suggested text is accompanied by a list of persons proposed settlement and records apply for return, renunciation of nationality Vietnam.
When sending text suggestions about solving records and apply for return, renunciation of nationality Vietnam, Vietnam representative agencies abroad, the provincial People's Committee and sent Justice Ministry list of people recommended to resolve e-mail addresses of the Ministry of Justice: quoctich@moj.gov.vn.
2. After receiving the written proposal is accompanied by a list of persons proposed settlement and records apply for return, Vietnam nationality relinquishment referred to in paragraph 1 of this Article, the Ministry of Justice recorded in the book receiving records and published the list of the proposed settlement of the nationality on the electronic portal of the Ministry of Justice. Ministry of Justice updated schedule results in settlement documents were published list.
Article 4. Announcement of results for the settlement documents and apply for return, renunciation of nationality Vietnam
1. Where people who apply for return, renunciation of nationality Vietnam in the country of residence, then within 10 days from the date of receiving the decision of the President to enter, to return, to renunciation President of Vietnam, the Ministry of Justice sent to the person in, get back, get Vietnam renunciation that decision copy enclosed extract from a list of people to be in, to be returned, is renunciation Vietnam and also sent 01 copies to the provincial people's Committee has received the records for monitoring, management and statistics of the solved on nationality.
2. Where the application for restoration, renunciation of Vietnam nationality residing abroad, then within 10 days from the date of receiving the decision of the President to return, for renunciation of Vietnam, the Ministry of Justice shall send a copy of this decision together with a list of people to be returned, is renunciation Vietnam for the State Department to move to Vietnam representative agencies overseas which has received the dossier. Within 10 days from the date of receiving the copy of the decision, Vietnam representative agencies in foreign countries notified in writing to the back, is renunciation Vietnam, clearly stating: the Decision nail; day, month and year of the Decision; Content Decision. 3
. Where the Ministry of Justice found ineligible to the President resolved to enter, to return, to the renunciation Vietnam or not the President agree to enter, to return, to the renunciation Vietnam Men, it shall notify in writing the Vietnam representative agencies abroad (through the Ministry of foreign Affairs) or to the provincial people's Committee to notify the filing said.
Article 5. Inform agency of civil registration, restoration, renunciation Vietnam

1. Within 10 days from the date of the decision of the President to the admission, for renunciation of Vietnam, the Ministry of Justice announced the Department of Justice, where the citizens of Vietnam has previously birth registration , or book store where the birth registration of the old regime to the note in the register of birth as directed in Article 14 of this joint Circular. Former case the applicant has to register the birth at the People's Committees of districts, towns and provincial cities (hereinafter referred to as district-level People's Committees) or People's Committees of communes, wards and townships (hereinafter referred to as the commune-level people's Committees), after receiving the notice of the Ministry of Justice, the Department of Justice is responsible for informing the people's Committees at district and commune-level people's Committees, which have birth registration for notes in the register of birth.
In cases where the import, renunciation Vietnam was previously registered at birth Vietnam representative agencies abroad, the message being sent to Vietnam representative agencies abroad, where birth registration; if the register of birth has moved up 01 volumes at the State Department, the Vietnam representative agencies abroad are responsible for notification to the Ministry of Foreign Affairs to take notes on the birth registration book kept at the Ministry of Foreign Affairs .
2. In cases where the nationality restoration Vietnam that previously noted in the Register of birth renunciation of Vietnam, then the notice and notes on the register of birth nationality restoration Vietnam well done as instructed in Paragraph 1 of this Article. 3
. In case of receiving notification of the entry, return, renunciation Vietnam that the agency has no birth registration book store earlier birth registration, the receiving agency to notify the Ministry of Justice legal monitoring and management.
Article 6. Settlement profile Vietnam renunciation of citizenship papers in the case to ensure that the foreign citizenship expired
1. Where the settlement records nationality relinquishment Vietnam which led to delayed paperwork ensure the admission of foreign nationals expired, the Ministry of Justice notifies Vietnam representative agencies abroad to notify the applicant of nationality Vietnam and knew the procedures for extension or applying for new papers.
2. If the renunciation of citizenship of Vietnam requested, Vietnam representative agencies in foreign countries to take measures to support the procedures for extension or new application for ensuring paperwork for foreign citizenship. 3
. The applicant citizenship papers filed Vietnam secured the admission of foreign nationals have been granted an extension or new to Vietnam representative agencies abroad to transfer to the Justice Ministry to the State President for consideration, let alone citizenship Vietnam.
Article 7. Addressing the Vietnam citizenship for stateless persons in accordance with Article 22 of the Law on Nationality Vietnam
1. Department of Justice, in collaboration with provincial police agencies, and cities directly under the Central Government (hereinafter called the provincial public security organs), Foreign Affairs and the agencies and other relevant organizations to build Successor planning settlement of citizenship for stateless persons without adequate identity papers, but had permanent residence on the territory of Vietnam from 20 years or older as of date of 01/7/2009, which residing in localities to the Chairman of the provincial people's Committee for approval.
Based on the approved plan, the Department of Justice, in collaboration with the district People's Committee guided the commune People's Committee in reviewing and making a list of people subject to the above-mentioned settlement currently residing in localities.
2. Provincial police agencies shall, in collaboration with the Department of Justice and the relevant authorities at the local verification of identity and residence time of stateless persons in the localities.

Where a stateless person subject to the above-mentioned settlement has resided in many provinces and cities under different central, the provincial police agency contact offices of the local police that he had been residing for verification of identity and residence time of the person.
Article 8. Upload list Vietnam representative agencies abroad carry out the registration of Vietnam hold citizenship and receive notifications of foreign nationality
Foreign Ministry posted on the Portal e believe the State Department's list of Vietnam representative agencies overseas competent jurisdictions do hold citizenship registration Vietnam and receive notifications of foreign nationality citizens Vietnam residing abroad. The list is also posted on the electronic portal of the Ministry of Justice.
Article 9. Legal documents and papers used to determine the nationality of Vietnam for subscribers Vietnam hold citizenship
1. Vietnam representative agencies in foreign countries apply the laws of nationality Vietnam was issued between 1945 and before July 1, 2009 to determine who register can hold citizenship or stateless Vietnam at the time of registration, including the following text:
- Ordinance No. 53 / SL 20 October 1945 specified the nationality of Vietnam;
- Ordinance No. 73 / SL December 7, 1945 stipulates the citizenship of Vietnam;
- Ordinance No. 25 / SL 02 on May 25, 1946 amending Ordinance No. 53 / SL 20 October 1945 specified the nationality of Vietnam;
- Ordinance No. 215 / SL 20 August 1948 fixing the special benefits for foreign domestic workers struggle to help Vietnam;
- Ordinance No. 51 / SL December 14, 1959 to annul Articles 5 and 6 of Decree No. 53 / SL 20 October 1945 specified the nationality of Vietnam;
- Resolution No 1043 / NQ-TVQHK6 on 08 May 02, 1971 of the Standing Committee of the National Assembly on the renunciation of citizenship or Vietnam;
- Decision No. 268 / TTg of September 12, 1980 by the Prime Minister on policies for severance and back nationality Vietnam Vietnam from abroad;
- Vietnam Nationality Law in 1988 and the implementation of the guidelines;
- Vietnam Nationality Law, 1998 and the documents guiding the implementation thereof;
- The international treaties to which Vietnam is a member.
2. The personal papers, civil status, nationality by the former regime before April 30, 1975 is also the basis for Vietnam representative agencies abroad to consider and determine the person's nationality Vietnam registration Vietnam hold citizenship. 3
. When applying the Vietnam legislation on nationality or review the documents to determine the nationality of Vietnam referred to in paragraph 1 of this Article, in particular cases, if any problems arise, the Vietnamese representative missions Male abroad to the Ministry of foreign Affairs to coordinate with the Ministry of Justice and Public security Ministry timely guidance.
Article 10. Verify Vietnam's nationality registration Vietnam hold citizenship
1. Where subscribers keep Vietnam nationality is not sufficient proof of nationality Vietnam or proof is not clear, apart from the information in the registration declaration Vietnam hold citizenship, applicants holding Vietnam nationality must also submit a curriculum vitae and declarations of the following documents (if any) to facilitate the verification of the person's nationality:
- Copies of personal documents, civil status, nationality of grandparents, father, mother, brother, sister, child;
- Copies of papers related content to the nationality of the person concerned by the former regime before April 30, 1975;
- Copy of the paper on which the nationality Vietnam Vietnam or national origin by the competent authorities of foreign countries.

2. Within 05 working days from the date of receiving registration declaration Vietnam hold citizenship, for those cases where clarification is needed to determine the nationality of subscribers Vietnam or not, Agency Representative Vietnam abroad send a written request to the Ministry of foreign Affairs to verify together with copies of the documents, information serves the verification provided by the registrant.
Within 05 working days from the date of receipt of the written request of the Vietnam representative agencies abroad, the Foreign Ministry of Public Security sent a written request to verify your identity, at the same time the Ministry of Justice sent a written request to the person concerned lookup view named in the list were alone or had been deprived of nationality Vietnam or not.
Within 60 days from the date of receipt of the written request verification, the Ministry of Public Security carried out the verification of identity and answers the Foreign Ministry on the results of verification.
Within 30 days from the date of receipt of a written request to look up, the Ministry of Justice is responsible for the lookup list has been President for renunciation Vietnam, list of those who have Vietnam citizenship stripped in storage systems and respond to the state Department about the results of the inquiry. 3
. Within 05 working days from the date of receiving the written replies of the verification results and search referred to in paragraph 2 of this Article, the State Department sent a written notice to verify the results, look for agencies Vietnam representative abroad to complete registration procedures Vietnam hold citizenship.
Article 11 Notification of foreign nationals
1. Vietnam citizens and foreign nationals subject to the provisions of Clause 1 of Article 21 of Decree No. 78/2009 / ND-CP of September 22, 2009 of the Government detailing and guiding the implementation of a nationality of the Law on Vietnam directly or through parents or guardians of such persons to submit written notification on foreign nationals for Vietnam representative agencies abroad or the Department of Justice where they reside (hereinafter called the Agency receiving notification). The written notification must be made in the prescribed form, signed by the notifier.
Where unconditional implementation of such notification, the notifier may send a written notice to foreign nationals receiving agencies notified by mail, together with a copy identification.
2. Within 10 working days from the date of receiving the notice of foreign nationality, Agencies receiving notice in the Register notes previous birth as directed in Article 15 of this Joint Circular, if the birth registration has previously been performed at receiving agency announced. The determination of the place of birth registration was previously based on the applicant's declaration in a written notice.
Where the previous birth registration is done in other places, the agency received a written notice must inform the Department of Justice or the Vietnam representative agencies abroad, where previously litigants have birth registration to make notes on the register of birth. If the previous birth registration done at the district-level People's Committees or communal People's Committee, after receiving the notice, the Department of Justice announced to the district-level People's Committees and Committees commune people leave notes on the register of birth.
In case of receiving notice of the foreign nationality of citizens that the agency has no birth registration book store earlier birth registration, the Agency receiving notification notify the Ministry of Justice.
Article 12. Reporting the results registered Vietnam hold citizenship, citizen registration, notification of foreign nationality

1. Vietnam representative agencies in foreign countries where the registration receipt Vietnam hold citizenship and receive notifications of foreign nationality sum annually, reports the State Department list of subscribers hold citizenship Vietnam and Vietnam citizen list has informed foreign nationals. Foreign Ministry to notify the Ministry of Justice and Ministry of Public Security on that list.
Every year, the Ministry of Foreign Affairs to notify the Ministry of Justice and Ministry of Public Security said the results of citizen registration in Vietnam representative offices overseas to serve the settlement, management, synthesis, statistics on the nationality.
2. The Justice Department has received the notification of foreign nationality citizens aggregate annual report to the Ministry of Justice list Vietnam citizens informed foreign nationals. The Ministry of Justice announced the Ministry of Foreign Affairs and Ministry of Public Security on that list.
Article 13. Confirmation of Vietnam nationality, is a native confirmation Vietnam
1. When required, please confirm the nationality of Vietnam, who asked to submit application for certification to a nationality Vietnam Vietnam representative agencies abroad or the Department of Justice where they reside, which clearly the purpose of the application for certification of nationality Vietnam, together with copies of proof of citizenship Vietnam.
Within 05 working days from the date of receiving the application for confirmation of nationality Vietnam, Vietnam representative agencies abroad, the Department of Justice Department of Justice recommended list of people lookup was President for renunciation Vietnam and the list of people stripped of nationality Vietnam. Within 10 days from the date of receipt of a written request, the Justice Department lookup nationality storage systems and give the results.
Based on the proof of nationality Vietnam and lookup results of the Ministry of Justice, if it deems there is sufficient basis to affirm the applicant nationality Vietnam, Vietnam representative offices in the country in addition, the Department of Justice answered in writing which he confirmed citizenship Vietnam.
2. When wishing to apply for certification as a native of Vietnam, who asked to submit application for certification is a native of Vietnam to Vietnam representative agencies abroad or the Department of Justice where they reside, which clearly the purpose of the application for certification is a native of Vietnam, together with copies of documents proving the citizenship of people who had Vietnam that nationality at birth is determined by descent.
Within 05 working days from the date of receiving the application for certification is a native of Vietnam, Vietnam representative agencies abroad, the Department of Justice Department of Justice recommended list lookup who has been President for the renunciation of Vietnam and the list of people stripped of nationality Vietnam. Within 10 days from the date of receipt of a written request, the Ministry of Justice in lookup nationality storage systems and give the results.
Based on the test results and look, if it deems there is sufficient basis to affirm the applicant is a native of Vietnam, then within 05 working days from the date of completion of the testing procedures investigate, examine, Vietnam representative agencies abroad, the Department of Justice answered in writing which confirmed he is a native of Vietnam. 3
. Where no sufficient basis to affirm the applicant nationality is a native of Vietnam or Vietnam, the Vietnam representative agencies abroad, the Department of Justice notified in writing to that person know.
Article 14. Notes on the register of birth, restoration, renunciation Vietnam

Upon receiving notice of the entry, return, renunciation Vietnam, authorities are stored Register of birth as directed in Article 5 of this Joint Circular notes to the notes column of the log book birth registration. Content notes include: the Decision; day, month and year of the Decision; Content Decision. Make notes staff must sign, full name and the date, month and year under the notes.
Article 15. Notes to the birth register of the notice of foreign nationality
1. Upon receiving notice of the foreign nationals, agencies are stored Register of birth as directed in Article 11 of this Joint Circular notes into notes column of the birth register of citizens Vietnam and foreign nationals. Content notes should include existing foreign nationality, time of foreign nationality, way of foreign nationality. Officers make notes signed, full name and date of implementation notes.
2. After the announcement noted Vietnam's citizens with foreign nationality, the statement of the person's nationality in the birth certificate when re-issued birth certificate or a copy of the birth certificate level from Book Published birth registration is recorded both Vietnam nationality and foreign nationality.
Article 16 Implementation
This Circular takes effect as from April 15, 2010.
Annually, the Ministry of Justice statistics, report to the Government results for resolving matters of nationality. /.