Nghị định 55/2000/ND-CP

Decree of Government No.55/2000/ND-CP of October 11, 2000 amending a number of articles of The Government’s Decree No. 104/1998/ND-CP of December 31st, 1998 which details and guides the implementation of The Law on Vietnamese nationality

Decree of Government No.55/2000/ND-CP of October 11, 2000 amending a number of articles of The Government’s Decree No. 104/1998/ND-CP of December 31st, 1998 which details and guides the implementation of The Law on Vietnamese nationality đã được thay thế bởi Decree No. 78/2009/ND-CP, detailing and guiding a number of articles of the Law on Vietnamese Nationality và được áp dụng kể từ ngày 10/11/2009.

Nội dung toàn văn Decree of Government No.55/2000/ND-CP of October 11, 2000 amending a number of articles of The Government’s Decree No. 104/1998/ND-CP of December 31st, 1998 which details and guides the implementation of The Law on Vietnamese nationality


THE GOVERNMENT
-------

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
----------

No: 55/2000/ND-CP

Hanoi, October 11, 2000

DECREE

AMENDING A NUMBER OF ARTICLES OF THE GOVERNMENTS DECREE No. 104/1998/ND-CP OF DECEMBER 31ST, 1998 WHICH DETAILS AND GUIDES THE IMPLEMENTATION OF THE LAW ON VIETNAMESE NATIONALITY

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of September 30, 1992;
Pursuant to the Law on Vietnamese Nationality of May 20, 1998;
At the proposal of the Minister of Justice,

DECREES:

Article 1.- To amend a number of articles of the Governments Decree No. 104/1998/ND-CP of December 31st, 1998 detailing and guiding the implementation of the Law on Vietnamese Nationality as follows:

1. Article 12 shall be amended and supplemented as follows:

"Article 12.- The procedures and order for settlement at the central level

1. Within 30 days after receiving a written request of a provincial-level Peoples Committee or a Vietnamese diplomatic mission or consulate, the Ministry of Justice shall have to re-examine the dossier, and if finding that the dossier is complete and the applicant is fully qualified for naturalization in Vietnam as prescribed by law, it shall notify the provincial-level Peoples Committee or the Vietnamese diplomatic mission or consulate of the completion of the dossier applying for naturalization in Vietnam by the applicant. The provincial-level Peoples Committee or the Vietnamese diplomatic mission or consulate shall grant the naturalization applicant a paper certifying the dossier completion so that the latter can fill in the procedures for relinquishment of his/her foreign nationality. In special cases where persons applying for naturalization in Vietnam wish to retain their foreign nationality(ies) under the provisions in Clause 3, Article 20 of the Law on Vietnamese Nationality, the Minister of Justice shall, under the Prime Ministers authorization, sign reports to the State President for consideration and decision, which must clearly state the naturalization applicants requests to retain their nationality(ies), and be enclosed with one set of their dossiers of application for naturalization in Vietnam.

In cases where it deems that the dossier is incomplete or contains matters that need to be clarified, the Ministry of Justice shall request in writing the provincial-level Peoples Committee or, through the Ministry for Foreign Affairs, the Vietnamese diplomatic mission or consulate to complete the dossier or make the additional verification. For the dossier, sent by the Vietnamese diplomatic mission or consulate, that contains matters to be verified by a domestic specialized body, the Ministry of Justice shall directly request in writing such verification. For such cases, the above-said time limit shall be 75 days.

2. Within 30 days after receiving the Justice Ministrys request as prescribed in Clause 1 of this Article, the provincial-level Peoples Committee, the Vietnamese diplomatic mission or consulate or the domestic specialized body shall have to complete the dossier or clarify the requested matters and reply in writing the Ministry of Justice.

3. Within 07 days after receiving the certificate of relinquishment of foreign nationality of the applicant, the Ministry of Justice shall complete the dossier; the Minister of Justice shall, under the Prime Ministers authorization, sign a report to the State President for consideration and decision, which is enclosed with 01 set of the applicants dossier applying for naturalization in Vietnam.

If the applicant is naturalized in Vietnam, the State Presidents decision shall write his/her Vietnamese name".

2. Article 16 shall be amended and supplemented as follows:

"Article 16.- The procedures and order for settlement at the central level

1. Within 30 days after receiving the written request of a provincial-level Peoples Committee or a Vietnamese diplomatic mission or consulate, the Ministry of Justice shall have to re-examine the dossier, and if finding that the dossier is complete and the applicant if fully qualified for Vietnamese nationality restoration as prescribed by law, the Minister of Justice shall, under the Prime Ministers authorization, sign a report to the State President for consideration and decision, which is enclosed with 01 set of the applicants dossier of application for Vietnamese nationality restoration.

If the applicants Vietnamese nationality restoration is permitted, the State Presidents decision shall write the applicants Vietnamese name.

In cases where it deems that the dossier is incomplete or contains matters that need to be clarified, the Ministry of Justice shall request in writing the provincial-level Peoples Committee or, through the Ministry for Foreign Affairs, the Vietnamese diplomatic mission or consulate to complete the dossier or make the additional verification. For the dossier, sent by the Vietnamese diplomatic mission or consular office, that contains matters to be verified by a domestic specialized body, the Ministry of Justice shall directly request in writing such verification. For such cases, the above-said time limit shall be 60 days.

2. Within 15 days after receiving the Justice Ministrys request as prescribed in Clause 1 of this Article, the provincial-level Peoples Committee, the Vietnamese diplomatic mission or consulate or the domestic specialized body shall have to complete the dossier or clarify the requested matters and reply in writing the Ministry of Justice".

3. Article 24 shall be amended and supplemented as follows:

"Article 24.- The procedures and order for settlement at the central level

1. Within 30 days after receiving the written request of a provincial-level Peoples Committee or a Vietnamese diplomatic mission or consulate, the Ministry of Justice shall have to re-examine the dossier, and if finding that the dossier is complete and the applicant is fully qualified for Vietnamese nationality relinquishment as prescribed by law, the Minister of Justice shall, under the Prime Ministers authorization, sign a report to the State President for consideration and decision, which is enclosed with 01 set of the applicants dossier of application for Vietnamese nationality relinquishment.

In cases where it deems that the dossier is incomplete or contains matters that need to be clarified, the Ministry of Justice shall request in writing the provincial-level Peoples Committee or, through the Ministry for Foreign Affairs, the Vietnamese diplomatic mission or consulate to complete the dossier or make the additional verification. For the dossier, sent by the Vietnamese diplomatic mission or consular office, that contains matters to be verified by the domestic specialized body, the Ministry of Justice shall directly request in writing such verification. For such cases, the above-said time limit shall be 60 days.

2. Within 15 days after receiving the Justice Ministrys request as prescribed in Clause 1 of this Article, the provincial-level Peoples Committee, the Vietnamese diplomatic mission or consulate or the domestic specialized body shall have to complete the dossier or clarify the requested matters and reply in writing the Ministry of Justice".

Article 2.-

1. This Decree takes effect 15 days after its signing.

2. The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the Peoples Committees of the provinces and centrally-run cities shall have to implement this Decree.

ON BEHALF OF THE GOVERNMENT
PRIME MINISTER




Phan Van Khai

Đã xem:

Đánh giá:  
 

Thuộc tính Văn bản pháp luật 55/2000/ND-CP

Loại văn bảnNghị định
Số hiệu55/2000/ND-CP
Cơ quan ban hành
Người ký
Ngày ban hành11/10/2000
Ngày hiệu lực26/10/2000
Ngày công báo...
Số công báo
Lĩnh vựcBộ máy hành chính, Quyền dân sự
Tình trạng hiệu lựcHết hiệu lực 10/11/2009
Cập nhật4 năm trước
Yêu cầu cập nhật văn bản này

Download Văn bản pháp luật 55/2000/ND-CP

Lược đồ Decree of Government No.55/2000/ND-CP of October 11, 2000 amending a number of articles of The Government’s Decree No. 104/1998/ND-CP of December 31st, 1998 which details and guides the implementation of The Law on Vietnamese nationality


Văn bản bị đính chính

    Văn bản đính chính

      Văn bản bị thay thế

        Văn bản hiện thời

        Decree of Government No.55/2000/ND-CP of October 11, 2000 amending a number of articles of The Government’s Decree No. 104/1998/ND-CP of December 31st, 1998 which details and guides the implementation of The Law on Vietnamese nationality
        Loại văn bảnNghị định
        Số hiệu55/2000/ND-CP
        Cơ quan ban hànhChính phủ
        Người kýPhan Văn Khải
        Ngày ban hành11/10/2000
        Ngày hiệu lực26/10/2000
        Ngày công báo...
        Số công báo
        Lĩnh vựcBộ máy hành chính, Quyền dân sự
        Tình trạng hiệu lựcHết hiệu lực 10/11/2009
        Cập nhật4 năm trước

        Văn bản được dẫn chiếu

          Văn bản hướng dẫn

            Văn bản được hợp nhất

              Văn bản được căn cứ

                Văn bản hợp nhất

                  Văn bản gốc Decree of Government No.55/2000/ND-CP of October 11, 2000 amending a number of articles of The Government’s Decree No. 104/1998/ND-CP of December 31st, 1998 which details and guides the implementation of The Law on Vietnamese nationality

                  Lịch sử hiệu lực Decree of Government No.55/2000/ND-CP of October 11, 2000 amending a number of articles of The Government’s Decree No. 104/1998/ND-CP of December 31st, 1998 which details and guides the implementation of The Law on Vietnamese nationality