What are the procedures for issuing a certificate of Vietnamese nationality?

Issuing a certificate of Vietnamese nationality is a legal procedure to determine an individual’s Vietnamese citizenship status. This process applies to Vietnamese people residing abroad who have not lost their Vietnamese citizenship but lack documents to prove it. This procedure is carried out at Vietnamese representative agencies abroad or the Department of Justice in the country. The following article by Long Phan will analyze in detail the cases, documents and procedures for granting certificates of Vietnamese nationality.

Which case is considered a person with Vietnamese nationality?

According to Article 13 of the Law on Vietnamese Nationality  2008 (amended in 2014), a person with Vietnamese nationality is a person who:

• People holding Vietnamese nationality until July 1, 2009.
• Vietnamese people residing abroad without losing Vietnamese nationality according to Vietnamese law before July 1, 2009.
• Vietnamese people residing abroad who have not lost Vietnamese nationality without documents proving Vietnamese nationality (Birth certificate, identity card, Vietnamese passport, Decision on naturalization in Vietnam, Decision to restore Vietnamese nationality, Decision to recognize adoption of foreign children, Decision to allow foreigners to adopt Vietnamese children).

Types of documents proving that a person has Vietnamese nationality

Pursuant to Article 11 of the Vietnamese Nationality Law 2008, five types of documents are valuable to prove Vietnamese nationality, including:

• Birth certificate; In case the birth certificate does not clearly show Vietnamese nationality, it must be accompanied by documents proving the Vietnamese nationality of the parents;
• Identity card;
• Vietnamese passport;
• Decision to grant Vietnamese nationality;
• Decision to restore Vietnamese nationality;
• Decision to recognize adoption of foreign children;
• Decision to allow foreigners to adopt Vietnamese children.

Application for confirmation of Vietnamese nationality

People with Vietnamese nationality who want to confirm their Vietnamese nationality need to prepare a set of documents to confirm their Vietnamese nationality. Implementation documents are specifically specified in Article 31 of Decree 16/2020/ND-CP, including the following documents:

In case there are documents proving Vietnamese nationality:

• Declaration form
• 02 4×6 photos taken within 6 months.
• Documents about that person’s identity such as ID card, citizen identification card, residence document, temporary residence card, laissez-passer document, international travel document or document confirming valid identity. Paste a photo issued by a competent authority.
• Valuable documents proving Vietnamese nationality or similar documents issued by the previous government, including Birth Certificates in which there is no nationality section or the nationality section is blank but the Vietnamese name is written on it. of the requester and that person’s father and mother.

In case there are no documents proving Vietnamese nationality:

• Declaration according to the prescribed form.
• 02 4×6 photos taken within 6 months.
• Documents about that person’s identity such as ID card, citizen identification card, residence document, temporary residence card, laissez-passer document, international travel document or document confirming valid identity. Paste a photo issued by a competent authority.
• Background statement.
• Documents on nationality, civil status, household registration, identification or other documents issued by competent Vietnamese agencies to Vietnamese citizens over the periods from 1945 to before July 1, 2009, in that contains Vietnamese nationality or information related to Vietnamese nationality and citizenship;
• Documents on nationality, civil status, household registration, identification or other documents issued by the former regime in South Vietnam before April 30, 1975 or documents issued by the former government in Hanoi from 1911 to 1956, which contains Vietnamese nationality or information related to Vietnamese nationality and citizenship.

Procedures for applying for a certificate of Vietnamese nationality

Competent authority to issue certificates

According to Article 30 of Decree 16/2020/ND-CP, the authority to issue a certificate of Vietnamese nationality belongs to:

• Department of Justice where the person requests a certificate of residence in the country.
• The representative agency where the person resides abroad at the time of application.

Procedures carried out

Procedures for applying for a certificate of Vietnamese nationality comply with Clause 2, Article 31 of Decree 16/2020/ND-CP, including the following steps:

1. Step 1: The requester submits the application to the competent authority.
2. Step 2: Check, verify, look up Vietnamese nationality.

If the application is submitted to the Department of Justice:

In case of having documents proving Vietnamese nationality:

• Within 05 working days from the date of processing the dossier: the Department of Justice checks the dossier, directly looks up or sends a written request to the Ministry of Justice to look up Vietnamese nationality.
• Within 10 working days from the date of receiving the written request from the Department of Justice: The Ministry of Justice conducts a search and provides a written response to the Department of Justice.
• Within 10 days from the date of receipt of the written request from the Department of Justice, the agency that issued the documents shall verify and respond in writing to the Department of Justice. If there is any doubt about the authenticity of documents proving Vietnamese nationality, the Department of Justice requests the agency that issued the documents to verify.

For cases without documents proving Vietnamese nationality:

• Within 05 working days from the date of processing the dossier: the Department of Justice checks the dossier, directly looks up or sends a written request to the Ministry of Justice to look up Vietnamese nationality.
• Within 10 working days from the date of receiving the written request from the Department of Justice: The Ministry of Justice conducts a search and provides a written response to the Department of Justice. At the same time, the Department of Justice has issued a written request to the Police agency at the same level to verify the identity of the requester; Within 45 working days from the date of receiving the request from the Department of Justice, the Police Department shall verify and respond in writing to the Department of Justice.

If the application is submitted to a Representative Office:

In case of having documents proving Vietnamese nationality:

• Within 05 working days from the date of processing the dossier: The representative agency checks the dossier, directly looks up or sends a written request to the Ministry of Justice to look up Vietnamese nationality.
• Within 10 working days from the date of receipt of the representative agency’s written request: the Ministry of Justice conducts a search and provides a written response.
• Within 10 days from the date of receipt of the representative agency’s written request, the Ministry of Justice shall conduct a search and issue a written response to the Department of Justice. If there is any doubt about the authenticity of documents proving Vietnamese nationality, the representative agency shall make a written request from the Ministry of Foreign Affairs, the agency receiving the request to conduct verification and provide a written response to the Ministry of Foreign Affairs. deliver.
• Within 05 working days from the date of receiving the search and verification results, the Ministry of Foreign Affairs shall notify the representative agency in writing.

For cases without documents proving Vietnamese nationality:

Within 05 working days from the date of processing the dossier: The representative agency proactively looks up or sends documents with copies of documents and information provided by the requester to the Ministry of Foreign Affairs to request the Ministry of Foreign Affairs. Justice and the Ministry of Public Security look up and verify the identity of the requesting person.

Within 10 working days, the Ministry of Justice will conduct a search and provide a written response to the Ministry of Foreign Affairs; For verification and response to identity verification results by the Ministry of Public Security, the time limit is 45 days.

Within 05 working days from the date of receiving the search and verification results, the Ministry of Foreign Affairs shall notify the representative agency in writing.

1. Step 3: issue a certificate of Vietnamese nationality

Within 05 working days from the date of receiving the results of the search and verification if there are enough grounds to determine Vietnamese nationality; If your name is not on the list of candidates for relinquishment of nationality, deprivation of nationality, or cancellation of the decision to grant Vietnamese nationality, the agency handling the application will record it in the certificate issuance book.

The head of the agency that registers and issues the certificate of Vietnamese nationality and the agency that processes the dossier shall respond in writing to the requester.

Support and consulting services for applying for a certificate of Vietnamese nationality

At Long Phan, we provide consulting services and guidance on procedures for applying for a certificate of Vietnamese nationality. Our Services include:

• Consulting on conditions for applying for a certificate of Vietnamese nationality.
• Consulting on applications for Vietnamese nationality confirmation in case the applicant is in Vietnam.
• Consulting on application for Vietnamese nationality confirmation in case the applicant is abroad.
• Consulting on preparing documents to prove Vietnamese nationality.
• Instruct customers to submit documents in accordance with legal regulations.
• Monitor the progress of processing documents.
• Consulting on relevant regulations during the implementation of procedures.

Issuing a certificate of Vietnamese nationality is a procedure to recognize the nationality of Vietnamese citizens. Our above article has presented detailed and specific instructions on the process to apply for nationality confirmation. For detailed advice on the implementation process, please contact Long Phan’s hotline 0906 735 386 for advice and guidance on completing the procedure quickly and in accordance with the law.