Thông tư liên tịch 05/2013/TTLT/BTP-BNG-BCA

JOINT CIRCULAR

AMENDING AND SUPPLEMENTING ARTICLE 13 OF THE JOINT CIRCULAR NO. 05/2010/TTLT/BTP-BNG-BCA , OF MARCH 01, 2010 OF THE MINISTRY OF JUSTICE, THE MINISTRY OF FOREIGN AFFAIRS AND THE MINISTRY OF PUBLIC SECURITY GUIDING IMPLEMENTATION OF THE GOVERNMENT’S DECREE NO. 78/2009/ND-CP OF SEPTEMBER 22, 2009 DETAILING AND GUIDING IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE LAW ON VIETNAMESE NATIONALITY

Pursuant to the 2008 Law on Vietnamese nationality;

Pursuant to the Government’s Decree No. 78/2009/ND-CP of September 22, 2009 detailing and guiding implementation of a number of articles of the Law on Vietnamese nationality;

Pursuant to the Government’s Decree No. 93/2008/ND-CP of August 22, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Justice;

Pursuant to the Government’s Decree No. 15/2008/ND-CP of February 04, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Foreign Affairs;

Pursuant to the Government’s Decree No. 77/2009/ND-CP of September 15, 2009, defining the functions, tasks, powers and organizational structure of the Ministry of Public Security;

The Ministry of Justice, the Ministry of Foreign Affairs and the Ministry of Public Security uniform as follows:

Article 1. To amend and supplement article 13 of the Joint Circular No. 05/2010/TTLT/BTP-BNG-BCA, of March 01, 2010 of the Ministry of Justice, the Ministry of Foreign Affairs and the Ministry of Public Security guiding implementation of the Government’s Decree No. 78/2009/ND-CP of September 22, 2009 detailing and guiding implementation of a number of articles of the law on Vietnamese nationality, specifying:

“1. Grant of Certificate of holding of Vietnamese nationality

a) When a person wishes to apply for certificate of holding of Vietnamese nationality, he/she shall send an application directly or by post to the overseas Vietnamese representative mission in the country where he or she resides (in case such country has no representative mission, dossier maybe submitted to a concurrently representative mission or representative mission in the most convenience place) or the provincial-level Justice Department of the locality where he/she resides.

b) Dossier requesting for Certificate of holding of Vietnamese nationality includes:

- Declaration for certification of holding of Vietnamese nationality (in according to form TP/QT-2013-TKXNCQTVN) enclosed with 02 pictures with size of 4x6;

- Copy of ID card, passport or valuable papers that can substitute;

- Copy enclosed with original for comparison or authenticated copy of one of papers specified in Article 11 of the 2008 Law on Vietnamese nationality or similar papers which were granted by the former authorities, including certificate of birth which has indicated no nationality or the nationality is vacated if the full names in Vietnamese are written on that (full name of the requester, the full names of parents);

- Curriculum vitae and papers specified in clause 1 Article 10 of the Joint Circular No. 05/2010/TTLT/BTP-BNG-BCA in case there is no paper proving on nationality as mentioned above.

c) Settlement of the overseas Vietnamese representative mission, the provincial-level Justice Department:

For cases there is full basis to define Vietnamese nationality:

The overseas Vietnamese representative mission, the provincial-level Justice Department shall proactively inspect, compare with lists of persons who have been permitted for renunciation of Vietnamese nationality or have been deprived of Vietnamese nationality. If confirm that the requester holds Vietnamese nationality, within 05 working days, after receiving dossier, the overseas Vietnamese representative mission, the provincial-level Justice Department shall consider and grant the Certificate of holding of Vietnamese nationality (in according to form TP/QT-2013-GXNCQTVN);

For cases there is not full basis to define Vietnamese nationality:

- In case of not having sufficient papers proving Vietnamese nationality:

+ The overseas Vietnamese representative mission shall implement procedures for verifying Vietnamese nationality as prescribed in Article 10 of the Joint Circular No. 05/2010/TTLT/BTP-BNG-BCA (for case when dossier is submitted in the representative mission).

+ The provincial-level Justice Department shall propose the Ministry of Justice and the provincial-level Public Security Department where the applicant resides or the last place in Vietnam which such person resides for verifying (for case when dossier is submitted in the provincial-level Justice Department).

- If there are doubts on authenticity of papers in dossier, the overseas Vietnamese representative mission, the provincial-level Justice Department shall request relevant agencies, organizations for searching, inspection and verification;

Within 10 working days, after receiving written request for searching, inspection and verification, the Ministry of Justice or relevant agencies, organizations shall have written reply. Within 05 working days, after receiving result of searching, inspection and verification, the overseas Vietnamese representative mission, the provincial-level Justice Department shall consider and grant the Certificate of holding of Vietnamese nationality (in according to form TP/QT-2013-GXNCQTVN) if defining that the requester is holding Vietnamese nationality.

- In case after searching, inspecting, verifying, there is not full basis to define that the requester holds Vietnamese nationality, the agencies receiving dossier must notify in writing to such persons.

2. Grant of certificate of Vietnamese origin person

a) When a person wishes to apply for certificate of Vietnamese origin person, he/she shall send an application directly or by post to the overseas Vietnamese representative mission in the country where he or she resides (in case such country has no representative mission, dossier maybe submitted to a concurrently representative mission or representative mission in the most convenience place) or the State Committee on overseas Vietnamese persons – the Ministry of Foreign Affairs or provincial-level Justice Department of the locality where he/she resides.

b) Dossier requesting for Certificate of Vietnamese origin person includes:

- Declaration for certification of Vietnamese origin person (in according to form TP/QT-2013-TKXNLNGVN) enclosed with 02 pictures with size of 4x6;

- Copy of ID card, passport or valuable papers that can substitute;

- Copy enclosed with original for comparison or authenticated copy of papers proving that he/she used to hold Vietnamese nationality which was determined upon his/her birth by consanguinity principle or he/she has father or mother, grandfather or grandmother who used to hold Vietnamese nationality by consanguinity principle;

- Relevant other papers to do as basis for reference include:

+ Paper on personal identity, civil status and nationality indicated in clause 2 Article 9 of the Joint Circular No. 05/2010/TTLT/BTP-BNG-BCA (copy enclosed with original for comparison or authenticated copy);

+ Guarantee paper of Association of Vietnamese persons in country where the requester resides, in which confirming that such person is Vietnamese origin person;

+ Guarantee paper of person holding Vietnamese nationality, in which confirming that the requester has Vietnamese origin;

+ Paper granted by foreign competent agencies in which record Vietnamese nationality or Vietnamese original Nationality (copy enclosed with original for comparison or authenticated copy;

c) Settlement of the overseas Vietnamese representative mission, the provincial-level Justice Department:

- Within 05 working days, after receiving a full dossier requesting for certificate of Vietnamese origin person, the overseas Vietnam representative mission, the State Committee on overseas Vietnamese persons or the provincial-level Justice Department shall consider papers presented by the requester and examine, compare with the database, document related to nationality (if any), if consider there is sufficient basis to define that such person has Vietnamese origin, they shall grant a certificate of Vietnamese origin person (in according to form TP/QT-2013-GXNLNGVN).

- In case there is not full basis to define that the requester is Vietnamese origin person, the agencies receiving dossier must notify in writing to such person.

3. Together with this Joint Circular, to adopt 04 types of forms for grant of Certificate of holding of Vietnamese nationality and Certificate of Vietnamese origin person:

- Declaration for certification of holding of Vietnamese nationality, in according to form: TP/QT-2013-TKXNCQTVN;

- Declaration for certification of Vietnamese origin person, in according to form: TP/QT-2013-TKXNLNGVN;

- Certificate of holding of Vietnamese nationality, in according to form: TP/QT-2013-GXNCQTVN;

- Certificate of Vietnamese origin person, in according to form: TP/QT-2013-GXNLNGVN.”;

Article 2. Effect

This Joint Circular takes effect on March 16, 2013.

In the course of implementation, any arising problems should be reported to the Ministry of Justice in order to coordinate with the Ministry of Foreign Affairs and the Ministry of Public Security for timely guidance.

 (All forms are not translated herein)