Methods of submission, acceptance of documents and return of results of nationality-related affairs
Article 3, Chapter 1, Decree No. 16/2020/ND-CP dated February 3, 2020 elaborating to Law on Vietnamese Nationality regulates methods of submission, acceptance of documents and return of results of nationality-related affairs.
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| Methods of submission, acceptance of documents and return of results of nationality-related affairs. |
1. Applicants for restoration, renunciation of Vietnamese nationality or handling other affairs related to nationality may apply in persons or submit via postal services to competent agencies capable of accepting applications according to Law on Vietnamese Nationality and this Decree. Applicants must not authorize other persons to apply. In case an applicant who applies for restoration, renunciation of Vietnamese nationality or handling of other affairs related to nationality resides in a country or territory where diplomatic missions, consular missions or other authorized agencies exercising consular functions of Vietnam in foreign countries (hereinafter referred to as “representative missions”) are not available, he/she shall apply at a non-resident representative mission or a representative mission of choice.
An applicant for naturalization of Vietnamese nationality must apply in person at Department of Justice where he/she resides.
Application for handling of nationality-related affairs on behalf of minors and persons with limited legal capacity shall be performed by legal representatives or guardians thereof.
2. In case documents to be applied are prescribed by regulations and law to be copies, applicants may submit photocopies of the master registers, certified true copies or copies issued with the master registers. If photocopies of the master registers are submitted, the master registers must be attached for comparison; persons receiving the documents shall compare the copies with the master registers and sign to confirm the comparison.
In case documents are submitted via postal services, copies thereof must be certified or issued with the master registers. Application, declaration form and personal information sheet must bear authenticated signatures as per the law.
Persons receiving documents are responsible for examining legitimacy of contents thereof. If the documents are in adequate or unsatisfactory, provide guidance on revision and completion. If the documents are adequate and satisfactory, the persons receiving the documents shall record in acceptance registers and issue receipt notice using defined forms for the applicants. If the documents are submitted via postal services, the persons receiving the documents shall send receipt notice to the applicants via postal services.
3. Agencies accepting documents shall fully prepare list of all contents contained in each document and list of persons applying for handling of nationality-related affairs using defined forms.
With respect to application for renunciation of Vietnamese nationality, agencies accepting documents are responsible for classifying into documents exempted from record verification according to Article 30 of Law on Vietnamese Nationality and documents requiring record verification.
In case of exemption from record verification, documents on naturalization of foreign nationality must remain valid for at least 120 days from the date of acceptance; in case of compulsory record verification, documents on naturalization of foreign nationality must remain valid for at least 150 days from the date of acceptance.
5. Handling results of nationality-related affairs shall be returned to the applicants in persons or via postal services. Applicants requesting result return via postal services shall pay all costs associated with returning results via postal services.
6. Assignment of Decision on naturalization of Vietnamese nationality shall comply with Article 12 of this Decree.
| Article 2. Consular legalization and translation of nationality-related documents into Vietnamese Documents in applications for naturalization, restoration and renunciation of Vietnamese nationality and documents of other Vietnamese nationality-related affairs issued by foreign competent agencies must undergo consular legalization, except for cases of exemption from consular legalization according to regulations and law of Vietnam or international agreements to which Vietnam is a signatory. Contents of nationality-related documents must be translated into Vietnamese; the translation must be verified or bearing authenticated signatures of the translators according to regulations and law of Vietnam. |
| Article 12. Assignment of decisions on naturalization of Vietnamese nationality After receiving decisions of the President on naturalization of Vietnamese nationality attached to notice of Ministry of Justice, provincial People’s Committees shall direct Department of Justice to hold ceremony on assignment of decisions on naturalization of Vietnamese nationality for applicants of naturalization of Vietnamese nationality in a formal and meaningful fashion and satisfactory to current local conditions.
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