CHAPTER I:
GENERAL OVERVIEW
I. Function and duties of the Committee for Overseas Vietnamese Affairs
1. Function of the Committee for Overseas Vietnamese Affairs
The Committee for Overseas Vietnamese Affairs has the role of a General Authority under the Ministry of Foreign Affairs (MOFA). It helps the Minister of Foreign Affairs direct and exercise state management of overseas Vietnamese affairs.
2. Duties of the Committee for Overseas Vietnamese Affairs
- Research and propose policies for the overseas Vietnamese community to the Government and other relevant agencies.
- Help the Minister of Foreign Affairs to prepare legal documents regarding overseas Vietnamese to submit to the Government, and organise the implementation of these regulations after they are issued.
- Cooperate with the concerned authorities to protect the legitimate interests of overseas Vietnamese based on Vietnamese law, the law of resident countries and international law.
- Direct and help overseas Vietnamese in their relations with the home country, and introduce the abilities of overseas Vietnamese to the relevant domestic agencies.
- Cooperate with the concerned authorities to provide information about Vietnam, popularise Vietnamese culture and teach the Vietnamese language to the overseas Vietnamese community.
- Cooperate with other agencies to guide activities relating to the implementation of policies and mobilisation of the overseas Vietnamese community.
- Under the guidance of the Minister of Foreign Affairs, carry out international agreements between Vietnam and foreign countries and international organisations regarding aspects of activities relating to overseas Vietnamese .
II. Organisation of the Committee for Overseas Vietnamese Affairs
The Committee for Overseas Vietnamese Affairs consists of:
1. The Committee Office, which helps the Committee leaders carry out activities, collects and analyses information about the situation of overseas Vietnamese affairs, and maintains a relationship between the Committee and other ministries, agencies and localities.
Tel: 84-4-8 257 732; 84-4-8 240 401, ext. 124
Fax: 84-4-8 259 211
E-mail: ubnvnonn@mofa.gov.vn
2. The Department for Community Affairs Research, Collection and Analysis, which helps the Committee leaders to make policies, mobilises the community, and supervises and promotes the implementation of the policies.
Tel: 84-4-8 240 401; 84-4-8 240 402; 84-4-8 240 403, ext. 103, 104
E-mail: vu1ubnv@hotmail.com
3. The Department of Information and Culture, which helps the Committee leaders to research and propose guidelines and policies regardingculture and information, and education and training for the community; Que Huong (Home Land) Magazine (print media), Que Huong on the internet, and Nghe - Nhin (Look and Listen) Magazine belong to this Department.
Tel: 84-4-8 240 401; 84-4-8 240 402; 84-4-8 240 403, ext. 109
- Que Huong Magazine:
Tel: 84-4-8 240 401; 84-4-8 240 402; 84-4-8 240 403, ext. 112
Website:
http://www.quehuong.org.vn/E-mail: quehuong@hn.vnn.vn
4. The Department of Economic, Scientific and Technological Relations, which helps the Committee leaders to research and propose guidelines and policies regarding cooperative relationships in economy, science and technology between overseas Vietnamese and domestic organisations.
Tel: 84-4-8 240 401; 84-4-8 240 402; 84-4-8 240 403
Ext. 105, 106, 107, 108
E-mail: vu3ubnv@hotmail.com
5. The guest house at 32 Ba Trieu St. (managed by the Committee Office), which provides overseas Vietnamese and their relatives and friends with accommodation, and services for travelling and country visiting; arranges summer vacations combined with Vietnamese language learning for students and teenagers who are children of overseas Vietnamese.
Tel: 84-4-8 257 354; 84-4-8 254 315
III. Responsibilities of Vietnamese Diplomatic Representative Missions and Consular Agencies for the protection of Vietnamese overseas
Vietnamese Diplomatic Representative Missions and Consular Agencies (hereinafter known as Representative Missions) assume the following responsibilities for the protection of Vietnamese citizens overseas:
1. Legal protection
- Representative Missions are responsible for protecting legitimate rights and interests of Vietnamese citizens residing overseas in compliance with the law of the resident country, international agreements which both Vietnam and that country signed or are members of, and in accordance with normal international practice.
- Representative Missions ensure that Vietnamese citizens in the resident country enjoy basic rights in accordance with international law, such as the inherent right to life and property, the right to liberty and freedom of residence, movement and profession, and other legitimate rights.
- Measures for protection:
+ Issuing necessary documents to Vietnamese citizens such as certificates of nationality and documents relating to births, deaths and marriages; issuing passports and visas, and notarising and legalising documents in compliance with the rules of law regarding these issues.
+ Making known to Vietnamese citizens and guiding them to exercise the legitimate rights and interests that they enjoy, and the duties that they assume in the resident country.
+ When the legitimate rights and interests of Vietnamese citizens are violated, Representative Missions are responsible for taking all measures to recover those legitimate rights and interests.
2. Acting on behalf of legal entities and/or citizens
Representative Missions can act on behalf of Vietnamese legal entities and/or citizens in setting up and practising civil transactions, or act on behalf of Vietnamese citizens before the courts and/or other competent authorities of the resident country during criminal and/or civil procedures, when Vietnamese legal entities and/or citizens in the consular area are absent without authorising anybody to act on behalf of them, or, for some certain reasons, cannot self protect their rights and interests.
3. Protecting Vietnamese citizens in a case where they are arrested, held in custody, put in temporary detention, imprisoned or restricted in their private freedom in any form
- Representative Missions are responsible for contacting competent local authorities to ensure that the arrest, custody, detention and trial of our citizens is carried out in compliance with the law of the resident country, the international agreements that Vietnam and that country signed or are members of, and in accordance with normal international practice. If a violation by the resident country is found, the Representative Mission shall require the competent authorities in that consular area to take measures to correct the situation.
- Representative Missions contact competent authorities of the resident country to arrange visits with Vietnamese citizens. When meeting with Vietnamese citizens who have been arrested, are held in custody, temporarily detained or imprisoned, the Representative Mission will get information about the violation, conditions of custody and expectations of the person concerned to take suitable assisting measures and provides necessary legal advice. The Representative Mission can transfer correspondence, money and gifts to the Vietnamese citizens if this is permitted by the resident country’s law, and help the person concerned keep contact with their relatives or provide information about the person concerned to their relatives.
4. Protecting Vietnamese citizens in a case where a citizen dies in a consular area
In a case where a Vietnamese citizen dies in the resident country, the Representative Mission shall register the death of that person if the competent authorities in the resident country do not carry out this procedure.
5. Protecting Vietnamese citizens in a case where a citizen is expelled by the resident country
Conditions required to accept back the Vietnamese citizens expelled by the resident country:
- The subject of acceptance still retains Vietnamese nationality and does not have any other; had resided in Vietnam before entry into the resident country, and is currently guaranteed by a Vietnamese economic or social organisation or individual, who is a Vietnamese resident.
- The return to Vietnam must follow the principles of order, security and respect for the returner’s dignity.
- The acceptance is agreed by both Vietnam and the concerned country.
CHAPTER II:
VIETNAMESE NATIONALITY
I. People with Vietnamese nationality. Identification of Vietnamese nationality
A person who satisfies one of the following criteria has Vietnamese nationality.
1. The person had Vietnamese nationality before 01 Jan 1999 (the validity date of the Vietnamese Nationality Law 1998)
2. The person was born after 01 Jan 1999 and meets one of the following criteria:
- Parents are Vietnamese citizens, not dependent on place of birth
- Mother or father is a Vietnamese citizen, the other parent has unidentified nationality or it is unknown, not dependent on place of birth
- Mother or father is a Vietnamese citizen, the other parent is a foreign citizen, born on Vietnamese territory or the parents were permanent residents of Vietnam at the time of birth, except when the parents agree to choose another nationality.
- Mother or father is a Vietnamese citizen, the other parent is a foreign citizen, born out of Vietnamese territory and the parents were not permanent residents of Vietnam the time of birth, but the parents agree to choose Vietnamese nationality.
- Born on Vietnamese territory, mother has unidentified nationality and is a permanent resident of Vietnam. Father is unknown.
- Born on Vietnamese territory. Parents have unidentified nationality and are permanent residents of Vietnam.
- Juveniles abandoned or found on Vietnamese territory and parents are unknown.
- In a case where a juvenile is abandoned or found on Vietnamese territory and the parents are unknown, and the juvenile is under 15 years of age, if it is found that his/her parents have foreign nationality, the mother or father has foreign nationality, or the guardian has foreign nationality, he/she will not be given Vietnamese nationality immediately. For a person aged from 15-18 years with the same case as above, he/she will not have Vietnamese nationality if he/she agrees to give it up.
3. Be naturalized in Vietnam or return to Vietnamese nationality
4. Follows an International Treaty that Vietnam has signed or is a member of.
5. Based on the regulations in Article 28 and 30 of the Vietnamese Nationality Law
Article 28. Nationality of juvenile when his/her parents are naturalized, give up or return to Vietnamese nationality
1. When parents change their nationality due to being naturalized, giving up or returning to Vietnamese nationality, their juvenile children living with them will change nationality at the same time.
2. When the mother or father changes nationality due to being naturalized, giving up or returning to Vietnamese nationality, their juvenile children’s nationality will be identified based on their agreement.
3. The nationality change of a person aged from 15-18 years in items 1. and 2. above must be based on his/her agreement in writing.
Article 30. Nationality of a juvenile when his/her parents are naturalized, give up or return to Vietnamese nationality
1. Vietnamese children who are adopted by foreigners still have Vietnamese nationality.
2. Foreign children who are adopted by Vietnamese citizens have Vietnamese nationality after authorized Vietnamese agencies approve that adoption.
3. Foreign children who are adopted by a couple of whom one is a Vietnamese citizen and another is a foreigner will be naturalized in Vietnam following their parents’ application and not as in item 1 of Article 20 of this Law.
The nationality change of adoptees aged from 15-18 years must be based on their agreement in writing.
II. Losing Vietnamese nationality. Conditions and procedures for return of Vietnamese nationality.
1. Losing Vietnamese nationality
Vietnamese citizens will lose Vietnamese nationality in following cases
- They are allowed to give up Vietnamese nationality;
- Vietnamese nationality is taken away;
- Lose Vietnamese nationality as the result of an international treaty that Vietnam has signed or is a member of.
- Lose Vietnamese nationality based on the regulations in item 2 of Article 19, Article 26 and 28 of the Vietnamese Nationality Law (1998)
2. Conditions for return to Vietnamese nationality
A person losing Vietnamese nationality following Article 23 of this Law who sends an application for return to Vietnamese nationality can be returned to Vietnamese nationality if satisfying one of the following cases:
- Has made an application asking for repatriation
- The wife, husband, child, father or mother is a Vietnamese citizen;
- Has made great contributions to building and defending Vietnam
- The Vietnamese State will have benefits
The applicant will not be allowed to return to Vietnamese nationality if it will adversely affect Vietnam.
3. Procedures of returning Vietnamese nationality
- Documents:
+ Application requesting return to Vietnamese nationality (standard form)
+ Curriculum Vitae (standard form)
+ Certification issued by an authorized agency of the country that the applicant is a citizen of or resides permanently in
+ Evidences to prove that the applicant used to have Vietnamese nationality
In addition, the applicant must submit one of following documents:
- Certification that the applicant has applied for repatriation, issued by a Vietnamese Diplomatic or Consular Agency abroad or the Central Committee for Overseas Vietnamese
- Documents proving that the applicant has a wife, husband, child, father or mother who is a Vietnamese citizen
- Documents issued by the Democratic Republic of Vietnam or the Provisional Government of the Republic of South Vietnam or Socialist Republic of Vietnam to prove that the applicant has been awarded decorations, valuable titles or certificates concerning his/her great contributions to building and defending Vietnam
- Documents proving that the applicant’s return to Vietnamese nationality will benefit the Socialist Republic of Vietnam.
- Procedures:
+ The application requesting for return to Vietnamese nationality and accompanying documents will be made into 03 sets and submitted to Vietnamese Diplomatic or Consular Agencies if the applicant is living abroad; made into 04 sets and submitted to the Department of Justice if the applicant lives permanently in Vietnam.
+ The time to handle and announce results to the applicants will not be over 06 months from the receipt of all valid documents.
III. Conditions and procedures for giving up Vietnamese nationality
1. The reason for giving up Vietnamese nationality
- To be naturalized with another nationality
- Having other nationality
A person in one of the following cases is not allowed to give up Vietnamese nationality.
- Owe State taxes or has financial obligations for the property of Vietnamese organizations and individuals.
- Is being investigated for a criminal offence
- Has not completed a sentence or a decision of a Vietnamese court
- The applicant will not be allowed to return to Vietnamese nationality if adversely affect Vietnam
- Government’s officials and people working in the people’s military forces and public security bodies
2. Procedures:
- Documents:
For Vietnamese citizens living abroad, all documents will be made into 03 sets, including:
+ Application for giving up Vietnamese nationality (standard form)
+ Curriculum Vitae (standard form)
+ Photocopy of identification, passport or other documents to prove that the applicant has foreign nationality (for person with foreign nationality); certificate of request for being naturalized with foreign nationality (for person asking for foreign nationality), except when that country’s law does not regulate on the issuing of these documents.
+ Documents proving the applicants was born and grew up abroad or exited Vietnam for humanitarian reasons
+ Certification that the applicant has refunded training costs to the government if they were sent abroad to learn by the State budget or even by funds from foreign countries.
+ Former government’s officials and people working in the people’s military forces and public security bodies who have ceased duty for less than 05 years are also required to submit certification by their former organizations to prove that their giving up Vietnamese nationality will not adversely affect Vietnam.
+ Documents issued by foreign agencies must be translated into Vietnamese and be certified by Vietnamese authorized agencies.
- Procedures:
+ The applicants must submit to a Vietnamese Diplomatic or Consular Agency abroad.
+ The time to handle and announce results to the applicants will not be over 06 months from the receipt of all valid documents.
