Thông tư 02/2011/TT-BNG

CIRCULAR

GUIDING PROCEDURES FOR CITIZENSHIP REGISTRATION BY OVERSEAS VIETNAMESE

Pursuant to the June 18. 2009 Law on Overseas Representative Missions of the Socialist Republic of Vietnam:

Pursuant to the Government's Decree No. 15/2008/ND-CP of February 4. 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Foreign Affairs;

In furtherance of the Government's Resolution No. 50/NQ-CP of December 10. 2010, on simplification of administrative procedures under the management of the Ministty of Foreign Affairs;

The Ministry of Foreign Affairs guides procedures for citizenship registration by overseas Vietnamese as follows:

Article 1. Contents and purposes of citizenship registration

1. Citizenship registration means the recording of personal identity details of overseas Vietnamese in citizenship registers by overseas Vietnamese diplomatic missions, consulates or other agencies authorized to perform consular functions (below collectively referred to as representative missions).

2. Citizenship registration aims to assist representative missions in protecting, and performing other consular functions toward, overseas Vietnamese and, at the same time, to serve the making of statistics on overseas Vietnamese.

Article 2. Citizenship registrants Citizenship registrants include:

1. Holders of valid Vietnamese passports or other passport substitutes.

2. Persons without any papers specified in Clause 1 of this Article but having a paper proving their Vietnamese citizenship.

Article 3. Agencies competent to register citizenship

Agencies competent to register citizenship include:

1. Representative missions in the countries in which citizenship registrants reside or representative missions taking charge of these countries.

2. Representative missions which are convenient for citizenship registrants, in case no representative mission is based in the countries in which the registrants reside.

Article 4. Citizenship registration procedures

1. Each citizenship registrant shall submit 1 dossier, comprising:

- A completed citizenship registration form (which can be filled in online on websites of representative missions);

- A copy of the Vietnamese passport or passport substitute, for the cases specified in Clause 1. Article 2 of this Circular;

- A copy of the personal identity paper and a copy of the paper proving Vietnamese nationality provided in Article 11 of the 2008 Law on Vietnamese Nationality (certificate of birth: identity card; decision permitting nationalization in Vietnam, decision permitting restoration of Vietnamese citizenship, decision recognizing adoption of a foreign child or decision permitting a foreigner to adopt a Vietnamese child), for the cases specified in Clause 2. Article 2 of this Circular.

- A stamped addressed envelope, in case the registrant wishes to receive dossier-processing results by post.

2. Citizenship registration dossiers may be submitted directly or by post to representative missions.

3. Within 1 working day after receiving a complete and valid dossier, the representative mission shall examine and check information declared in the citizenship registration form against other papers in the dossier and. on that basis, process the dossier and notify the results in writing to the registrant.

4. In case none of papers proving Vietnamese citizenship is available or such papers need further examination or verification, the representative mission shall guide the registrant to carry out procedures to verify his/her Vietnamese citizenship according to the nationality law. Upon receiving verification results from competent agencies, the representative mission shall immediately process the dossier and notify the results in writing to the registrant.

Article 5. Modification of citizenship registration information

1. Persons who have registered citizenship shall notify in writing any changes in their personal identity details already provided in citizenship registration forms within 90 days after these changes occur to representative missions for modification of citizenship registers.

2. An applicant for modification of citizenship registration information shall submit 1 dossier, comprising:

- A completed citizenship registration form. which can be filled in online on websites of representative missions:

- A stamped addressed envelope, in case the applicant wishes to receive dossier-processing results by post.

3. Dossiers of application for modification of citizenship registration information may be submitted directly or by post to representative missions.

4. Within 1 working day after receiving a complete and valid dossier, the representative mission shall process the dossier and notify the results in writing to the applicant.

Article 6. Archive of citizenship registration dossiers

1. A citizenship registration dossier comprises the citizenship registration form (including also forms submitted for modification of citizenship registration information), copies of papers and documents already submitted by citizenship registrant to the representative mission, verification documents, and other relevant papers and records.

2. Citizenship registration dossiers shall be numbered according to the time of recording the entries in citizenship registers. Citizenship registers shall be made in printed form and computerized form.

3. Representative missions shall take measures to preserve citizenship registration dossiers and preserve them:

- For 5 years, for citizenship registration dossiers;

- Forever, for citizenship registers.

Article 7. Organization of implementation

1. The registration of citizenship by Vietnamese citizens who are enjoying the status of refugees under the July 28.1951 Convention and the January 31. 1967 Protocol relating to the Status of Refugees or under foreign laws and persons who hold dual Vietnamese and foreign citizenship complies with the-Ministry of Foreign Affairs' guidance.

2. To promulgate together with this Circular forms of citizenship registration (form No. 01/ NG-DKCD). written certification of citizenship registration (form No. 02/NG-DKCD) and citizenship register (form No. 03/ NG-DKCD) in replacement of forms No. 01/ NG-LS and No. 02/NG-LS promulgated together with the Minister of Foreign Affairs' Decision No. 05/2002/QD-BNG of July 30, 2002, providing regulations on the settlement of consular affairs.

3. This Circular takes effect 45 days from the date of its signing and replaces the Minister of Foreign Affairs' Decision No. 713/NG-QD of May 17, 1997, promulgating provisional regulations on procedures for citizenship registration by overseas Vietnamese. Any problems arising in the course of implementation of this Circular should be reported to the Ministry of Foreign Affairs for consideration and settlement.-