Tác giả Chủ đề:  Important information for Overseas Vietnamese  (Đã xem 6582 lần)

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Re: Important information for Overseas Vietnamese
« Trả lời #6 vào: Tháng Một 11, 2008, 08:52:52 PM »
Procedures for obtaining Vietnamese Nationality Certificates of Origin


I. Legal bases

- Domestic Investment Promotion Law (amended) No. 03/1998/QH10 promulgated on 20 May 1998;

- Government Decree No. 51/1999/ND-CP dated 8 July 1999 detailing the implementation of Domestic Investment Promotion Law (amended) No. 03/1998/QH10 promulgated on 20 May 1998;

- Circular No. 02/2005/TTLT/BKH-BTP-BNG-BCA promulgated on 25 May 2005 by the Ministries of Planning and Investment, Justice, Foreign Affairs and Public Security regarding overseas Vietnamese and foreigners having a permanent Vietnamese residency card and who invest in Vietnam under Government Decree No. 51/1999/ND-CP dated 8 July 1999 detailing the implementation of Domestic Investment Promotion Law (amended) No. 03/1998/QH10 dated 20 May 1998;

- Danang People’s Committee Decision No. 192/QD-UBND dated 11 January 2006 vesting the Director of the Danang Foreign Affairs Department with the authority to grant Vietnamese Nationality Certificates of Origin to overseas Vietnamese in order to complete the files of investment registration in Vietnam under Domestic Investment Promotion Law (amended) No. 03/1998/QH10.


II. Persons who can be granted Vietnamese Nationality Certificates of Origin

An Overseas Vietnamese with a valid foreign passport or an equivalent replacement for a foreign passport and who used to live in Danang City

An Overseas Vietnamese with a valid foreign passport or an equivalent replacement for a foreign passport whose father, mother, paternal grandfather or grandmother, maternal grandfather or grandmother was born in Danang and has or used to have Vietnamese nationality.

Note: Overseas Vietnamese with valid Vietnamese passport who are residing, living, and working abroad cannot be granted this Certificate.


III. Application files

1. Overseas Vietnamese having relevant papers proving their Vietnamese origin:

- Application to be given a Vietnamese nationality Certificate of origin (standard form)

- Photocopy of the applicant’s valid foreign passport or an equivalent replacement for a foreign passport (Permit to Enter, Re-entry to Japan, Refugee, Travel Document and other documents solely for exit and entry to countries of residence are excepted)

- One of the following documents (including documents issued by a former government before 30 April 1975)

a. Documents proving that one of following relatives of the applicant has or had Vietnamese nationality: father, mother, paternal grandfather, paternal grandmother, maternal grandfather or maternal grandmother. They must show an Approval of Vietnamese Nationality Loss in a case where they lost Vietnamese nationality. Documents proving the applicant is the relative of one of the above persons must be included in the application file.


b. Documents proving that the applicant has Vietnamese nationality (certificate of birth, Vietnamese driving license, resident book, certificate of marriage)


2. Overseas Vietnamese not having papers proving their Vietnamese origin:

- Application to be given a Vietnamese nationality Certificate of origin (standard form)

- Photocopy of the applicant’s valid foreign passport or an equivalent replacement for a foreign passport (Permit to Enter, Re-entry to Japan, Refugee, Travel Document and other documents solely for exit and entry to countries of residence are excepted)

- Curriculum Vitae

- Certification witnessed by at least two Vietnamese citizens with sufficient civil capacity residing in Vietnam. The certification must show that the applicant has a blood-relationship to a person who has or used to have Vietnamese nationality. The certification must show clearly the full names and addresses of the applicant and the witnesses. The certification must be signed at a Vietnamese authorized agency (People’s committee of commune/ward where the witness living) and the signatures of the witnesses must be certified.



IV. Procedure
- The applicant for a Vietnamese Nationality Certificate of Origin can submit the files directly or nominate another person to do so and receive the Certificate at the Danang Foreign Affairs Department.

+ Directly by the applicant: The applicant must show his/her valid foreign passport or the equivalent replacement for a foreign passport (original) for checking.

+ By a nominee: The nominee who submits the files must be a Vietnamese citizen with sufficient civil capacity who is residing in Vietnam. The nominee must show the nomination document with certification of the people’s committee of the commune/ward where they are living. The nominee will be also asked to show identity papers.

- After 03 working days from the date of receiving valid files, the Danang Foreign Affairs Department will approve or refuse to approve the issuance of a Vietnamese Nationality Certificate of Origin. In the case of a refusal, the department must answer in writing with a clear explanation.



V. Authority
In a case where the files are proper and valid but the Danang Foreign Affairs Department does not have the authority to handle them, the department can receive the files and send them to the Central Committee for Overseas Vietnamese – Ministry of Foreign Affairs of Vietnam for settlement. The time for a decision is 10 working days from the date of receiving the files.

In the case of a refusal, the Committee must answer in writing with a clear explanation.
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Re: Important information for Overseas Vietnamese
« Trả lời #5 vào: Tháng Một 11, 2008, 08:52:05 PM »
4. Overseas Vietnamese’ rights and duties when renting premises in Vietnam:

- Carry out the items and conditions of the contract

- Register temporary residency for themselves and for those who stay overnight in their rented houses to the Public Security of the ward or commune.

- Can not transfer the contract or rent the premises to others

- Can cancel the contract as agreed in the contract or as stipulated by law. Conflicts or claims for compensation will be settled as stipulated by Vietnamese law.



Q: Can overseas Vietnamesebuy property in Vietnam?

A: Those who meet these requirements can buy property:

a. Persons investing in Vietnam for a long time: These persons invest in Vietnam according to the Vietnam Foreign Investment Law or Domestic Investment Encouragement Law, and are granted an investment licence or trade registration certificate by authorized bodies.

b. Persons contributing much to the country, including:

- Those who are given preferential policies as stipulated in the Decree issued on 29 August 1994 regarding preferential policies for revolutionary participants, martyrs and their families, war veterans, war participants and those who supported the revolutions .

- Those who have contributed to national liberation and construction and been awarded medals by the President and the government, cerificates of merit by the Prime Minister and medals by the President of the Vietnamese Homeland Front, ministers or heads of central sectors.

- Members of standing committees of Vietnamese socio-political organizations in provinces or central cities and at higher levels, and whosemembership is certified by the organizations; members of standing committees of the central associations; leaders of overseas Vietnamese movements or organizations that have relationship with the country through the Cnetral Overseas Vietnamese Committee; and those who contribute much to the foreign affairs activities and diplomatic corps of Vietnam in foreign countries, and theircontribution is certified by the Vietnamese diplomatic corps in foreign countries.

c. Those involved in cultural activities, scientists and experts who frequentlywork in Vietnam, including:

- Those involved in cultural activities and scientists who are granted academic titles in the science, education and culture of Vietnam or foreign countries.

- Socio-economic experts

These persons must be invited to work in Vietnam as science, education, culture or arts experts or collaborators by leaders of the Vietnamese Communist Party, government, ministers or People’s Committees of provinces or central cities.

d. Overseas Vietnamese who have documents asking for permission to live in Vietnam and certified by the authorized bodies of Vietnamese diplomatic corps in foreign countries.

2. Requirements:

Overseas Vietnamese must be permanent or temporary residents in Vietnam and have the following documents:

- Legal passports granted by Vietnam or foreign countries. If using passports granted by foreign countries, they must have Vietnamese Nationality Certificates, Vietnamese Citizenship Registration Certificates or papers certifying that they lost Vietnamese Citizenship.

- Documents issued by authorized bodies certifying that they are permitted to buy houses.
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Re: Important information for Overseas Vietnamese
« Trả lời #4 vào: Tháng Một 11, 2008, 08:51:36 PM »
CHAPTER VI: CUSTOMS REGULATIONS

I. Regulations for bringing tax free goods when overseas Vietnamese enter Vietnam

1. Wine and alcoholic beverages (Not applicable to persons under 15)

- Over 22º: 1.5 litres

- Below 22º: 2 litres

- Beer: 3 litres

2. Tobacco (Not applicable to persons under 15)

- Cigarettes: 400

- Cigars: 100

- Loose tobacco: 500 grams

3. Tea, coffee(Not applicable to persons under 15)

- Tea: 5 kg

- Coffee: 3 kg

4. Clothes and other facilities for the trip

5. Other goods not prohibited to a maximum value of USD 300.



II. Overseas Vietnamese can bring Vietnam dongs or foreign currency with them when they enter Vietnam.

Vietnamese Law does not limit the amount of money brought into Vietnamese through Vietnam’s border gates by those who have passports issued by Vietnam or authorized foreignbodies. Regulations for declaration are as follows:

Those who enter Vietnam through Vietnam’s border gates must make a declaration to the Border Gate Customs when carrying currency (including cash in notes or coins and travellers cheques) as follows:

-USD 3,000 or equivalent

-VND 5,000,000

Those who carry foreign currency into Vietnam and want to deposit the money in their accounts at banks permitted to operate in Vietnam must have the confirmation of the Border Gate Customs on their customs declarations.

Those who exit Vietnam and take with them foreign or Vietnamese currency exceeding the permitted quantity or the amount declared to Customs when entering Vietnam must have permission from the State Bank.

Those who exit Vietnam and bring with them foreign or Vietnamese currency exceeding the permitted quantity but not exceeding their declaration to Customs when entering Vietnam must show the customs declaration and do not need the permission of the State Bank.

The granting of licences to take foreign and Vietnamese cash when exiting Vietnam is based on the authority of the State Bank to grant licences to take foreign and Vietnamese cash .



III. Regulations for the quantity of gold that overseas Vietnamese can bring into or take out of Vietnam

1. Regulations:

Those who enter and exit Vietnam through Vietnam’s border gates can bring a maximum of 300 grams of gold with them, but not for trading (or a maximum of 5 sets of jewelry, except for those worn) without Customs declaration.

Those who enter Vietnam through Vietnam’s border gates and bring more than 300 grams but not over 3,000 grams of gold with them (the gold not being of international standard) must make a declaration at the Border Gate Customs and pay tax for the excess as stipulated by law. If they bring more than 3,000 grams, the excess must be put into a Customs storehouse and taken out of Vietnam when its owners exit Vietnam, or the owners must complete the procedures to transfer it to a foreign country. Relevant charges will be paid by the owners.

Those who exit Vietnam through Vietnam’s border gates and take more than 300 grams of gold must request the permission of the State Bank.


Those who exit Vietnam and take gold with them exceeding the permitted quantity but not exceeding their declarations to Customs when entering Vietnam must show the customs declarations and do not need the permission of the State Bank.

2. Procedures for receiving permission to take gold out of Vietnam:

- The applicants must send files to the Central State Bank or its branches in cities or provinces. Files include:

+ An application form (explaining reason for taking the gold out of Vietnam)

+ Documents showing the origins of the gold (if needed)

+ A certified copy of a passport (if not certified, the original passport is needed)

Within 10 days from the date of receiving sufficient legal files, the Central State Bank or its branches in cities or provinces will grant or refuse a licence. If a licence is refusd, the Central State Bank or its branches in cities or provinces must provide documents explaining the reasons.



Authority to grant licences to take gold out of Vietnam:

The directors of the State Banks of provinces or central cities can grant licences for individuals to take 2,000 grams of gold out of Vietnam; the Cnetral Bank grant licences for individulas to bring over 2,000 gram of gold out of Vietnam.



CHAPTER VII: ACCOMODATION

Q: What is necessary for overseas Vietnamese to rent premises in Vietnam?

A:

1. Houses for rent by overseas Vietnamese must meet the following requirements:

- Have addresses and locations outside the zones used for national defence and public security.

- Be separate (not included in a dwelling sharing the same entrance with others)

- Be safe

- Environmental hygience and fire prevention must be ensured

- No conflicts regarding land and house use rights

2. The overseas Vietnamese must meet the following requirements:

- If they rent premises for living, they must have legal temporary residency permissions to stay in Vietnam for more than 6 months.

- If they rent premises for opening offices or companies, they must have a licence for to open an office/ company or investment/cooperation in Vietnam issued by authorized Vietnamese bodies.

3. Procedures:

Overseas Vietnamese who return to Vietnam and want to rent premises can contact the authorized bodies or house rental services (fees payable) to complete procedures. These include:

- An application form

- A certified copy of legal temporary residency permissions (for renting houses for living) orlicences for opening offices/ companies or investment/cooperation in Vietnam (for renting premises for opening offices or companies)issued by authorized Vietnamese bodies.

Rental contracts must follow the designated form and be certified by the bodies that grant rental licences.

Rental price depends on an agreement between the property owner and the renter. It can be in Vietnamese dong or in foreign currency according to the exchange rate of the Vietnam State Bank at the time of signing the contract.
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Re: Important information for Overseas Vietnamese
« Trả lời #3 vào: Tháng Một 11, 2008, 08:50:24 PM »
VII. Procedures for repatriating the body or the remains (ashes and container) of Vietnamese overseas to Vietnam

1. Files

- Application to return home the corpse or remains (Form).

- Departure Permit of Corpse or Remains issued by the foreign country.

- Certificate of Quarantine (for corpse) or Certificate of Incineration (ashes and container) issued by the foreign country.

- Death Certificate issued by the Vietnamese Embassy/Consulate or the foreign country.

- Certificate issued by the Health Department in Vietnam.

2. Procedures

Summit documents to the Vietnamese Embassy/Consulate.

Based on checks of these legal documents, the Vietnamese Embassy/ Consulate will issue the Immigration Permit for Corpse or Remains



CHAPTER IV:

REPATRIATION

1. Overseas Vietnamese shall be permitted to repatriate to Vietnam when meeting the following conditions:

1.1. Having Vietnamese nationality:

1.1.1. Holding unexpired Vietnamese passports or substitute documents issued by competent authorities of Vietnam; or

1.1.2. Holding foreign passports or substitute documents, but still retaining Vietnamese nationality and having registered Vietnamese citizenship at a Vietnamese Representative Mission in the resident country.

1.2. Having clear political attitude:

1.2.1. Currently not a member of or supporting organisations opposing the Fatherland;

1.2.2. Not taking action against the Vietnamese Government and/or the overseas Vietnamese communities.

1.3. Being able to sustain life after repatriation:

1.3.1. Having legitimate accomodation: An applicant for repatriation must prove and state clearly in his/her application his/her financial capacity to afford housing after repatriation, or that accomodation is ensured by his/her guarantor, which must be stated clearly in the guarantee document.

1.3.2. Being able to sustain life after repatriation: An applicant for repatriation must prove and state clearly in his/her application that his/her financial resources are sufficient to sustain life after repatriation, or he/she has the capacity to find employment, or financial support and care after repatriation is guaranteed by his/her relatives/guarantors.

1.4. Being guaranteed by one of the following Vietnamese organisations or relatives:

1.4.1. Ministries, organisations at ministry level, government agencies or people’s committees of provinces/ cities under central management, which guarantee that the cases of repatriation will contribute to national development by capital investment, and/or using his/her qualifications or skills in a unit of the guarantor ministry or province/city. These Vietnamese organisations must affirm clearly in writing that the applicant has sufficient capital for investment or already has a feasible project in Vietnam; and/or has high qualifications (post graduate) or high skills recognised by a Vietnamese organisation, which will assign him/her to a job corresponding to his/her qualifications or skills.

1.4.2. Relatives aged 18 and over (including father, mother, spouse, children, brothers, sisters and people of blood relationship) having Vietnamese resident citizenship, who in cases of repatriation for family reunion and for humanitarian purposes guarantee the provision of accomodation, employment (if the applicant is still capable to work), or help (for old-aged applicant and/or applicant unable to be self-reliant).

2. Documents required for application for repatriation shall include:

2.1. Application for repatriation (a standard form is available)

2.2. A copy of passport or substitute document.

In case of having Vietnamese nationality but holding a foreign passport, a Certificate of Citizenship Registration issued by a Vietnamese Representative Mission in foreign countries is needed.

2.3. Three 4cm x 6cm recent photos, 02 of these will be affixed to the application. The other must have the applicant’s full name on the reverse side. It will be affixed to the repatriate lessez-passer (if the repatriation is approved).

2.4. Other documents relating to applications for repatriation:

2.4.1. For applicants guaranteed by their relatives, the following documents are required:

a. Guarantee document of the relative (a standard form is available), certified by the People’s Committee of the ward (or commune) where this relative is resident;

b. Document(s) certifying or explaining the family relationship to the guarantor. This document must be certified by the People’s Committee of the ward (or commune) where the guarantor is resident.

c. Document(s) certifying the capacity to sustain life after repatriation.

2.4.2. For applicants guaranteed by a Vietnamese organisation, a document signed and sealed by the head of the organisations mentioned in item 1.4.1. is required.

3. Process of settlement:

3.1. Documents must be made into 02 (two) sets and submitted to:

3.1.1. Vietnamese Representative Mission in foreign countries (if the applicant is staying abroad), or

3.1.2. People’s Committee of the province or city under the central management where the applicant registers temporary residence (if the applicant is staying in Vietnam)

3.2. For application documents submitted to a Vietnamese Representative Mission in foreign countries: Results (permit or not permit to repatriate) shall be informed by the Vietnamese Representative Mission in 85 days as if the receipt of sufficient valid documents. If the repatriation is permitted, the Vietnamese Representative Mission shall issue a repatriate lessez-passer, which is valid for 12 months, to the applicant for entry to Vietnam. In case the applicant has not returned to Vietnam upon the expiry date of the repatriate lessez-passer, the application documents for repatriation must be started all again from the beginning.

3.3. For application documents submitted to the province/ city People’s Committee: Results shall be informed to the applicant’s relatives in Vietnam by the Department of Immigration as a Representative of the Ministry of Police in 70 days as if the receipt of sufficient valid documents.

* Procedures for repatriation can also be applied to overseas Vietnamese who has Vietnamese nationality and holds a Vietnamese passport but has already registered citizenship of the resident country.

4. Rights and duties of repatriate:

- Repatriate is permitted to bring foreign currency in compliance to the Vietnamese law, to purchase or rent housing as domestic Vietnamese citizens, to be free of duty when importing property for personal and family use in accordance with the current regulations.

- Within 30 days as if entry to Vietnam, repatriate must present his/her identity papers to the provincial/ city police where he/she resides in order to register as resident population and to apply for issuance of identity card.

- The repatriate lessez-passer (but not the repatriate’s foreign passport) shall be withdrawn by the police agencies.


Attention: Repatriation procedures regulated above are not applied to Vietnamese citizens who have already left Vietnam but are not permitted to reside or are expelled by foreign countries. The repatriation procedures for these people shall be regulated separately or in accordance with agreements of Vietnam with the relevant countries.

5. Property permitted to bring upon repatriating:

- Cash belonging to the repatriate’s property and income, which is brought to Vietnam upon repatriating, is not limited in quantity and is not subject to any tax or duty.

- Consumer goods in use brought to Vietnam by overseas Vietnamese upon repatriating are exempted from import duty within the limit of one unit/ kind/ family (or individual).

- Personal and family property of overseas Vietnamese brought to Vietnam upon repatriating shall not be considered for luxury tax exemption, as regulated in the Luxury Tax Law.

- Documents in application for import duty exemption shall include:

+ Custom declaration

+ Decision of permit for repatriation to Vietnam

+ Detailed list of property

+ Documents proving the property origin.



CHAPTER V: CULTURE INFORMATION

I. Overseas Vietnamese athletes and sportspersons and sport experts:

All overseas Vietnamese athletes and sportspersons are encouraged and will be assisted to take part in sporting activities of the Vietnam Sports Federation and domesticsports competitions.

Overseas Vietnamese coaches andtrainers, referees and doctors (herein after known as sports experts) can be invited to attend and take part in domestic sports workshops and to assist domestic sports clubs.

Overseas Vietnamese athletes and sportspersons who have good records in domestic competitions can be selected for national teams and enjoy the same preferential policies as others.

Overseas Vietnamese athletes and sportspersons and experts who have good records in international competitions and bring honor to the nation will be rewarded.

Overseas Vietnamese holding foreign passports can be granted visas for as much time as designated in invitation letters or contracts and can be funded by the employers during their working time in Vietnam.

Overseas Vietnamese athletes and sportspersons and experts can contact domestic sports agencies, the Vietnam Sports Federation, the Committee for Overseas Vietnamese or Vietnamese diplomatic corps in foreign countries to participate in and contribute to the domestic sports movement.



II. Cultural products requiring export and import licences, and licences granting bodies:

1. Cultural products not requiring export and import licences

- Publications permitted to be used in the country.

- Tapes, CDs and films ued in the country with inspection stamps of the Film Department and cultural management bodies.



2. Cultural products requiring examination and export and import licences:

- Books, newspapers, calendars, maps and documents that are printed, written or copied; technical sketches and drawings of civil constructions.

- Videos, negatives, photographs, movie films, video and audio tapes, floppy disks and other recorded material (except for those mentioned in Item 1).

- Pictures and arts works.

- Handicrafts, articles of worship and copies of antiques.

3. Inspection and export and import licences granting bodies:

- Ministry of Culture and Information (MCI):

The Cultural Products Export and Import Management Department of the MCI will grant licences for the export of cultural products to use in national exhibitions, fairs, workshops, aid, cooperation exchanges, competitions and festivals; and publicity films as stipulated by the Government and MCI.

- Municipal/Provincial Culture and Information Departments:

Inspect and grant licences to exporters of cultural items that are not used for trading but for private and other purposes as agreed to byrelevant Vietnamese bodies, including:

+ Vietnamese individuals;

+ Overseas Vietnamese;

+ Foreigners, and Vietnamese and foreign offices, organizations and companies.

III. Procedures for obtaininga licence to import cultural products into Vietnam:

1. Files

a. For Vietnamese and foreign offices, organizations and companies

- Documents introducing the applicants

- 02 application forms

- A Customs declaration or a copy of a transport sheet and a goods receiving note for cultural products that are not required to have import permission in advance.

- A letter of power of attorney from the goods owners certified by the local authorities (for goods exchange services companies).

- A certified copy of a trading licience or an operation licience

b. For individuals:

- An application form

- A letter of power of attorney from the goods owners certified by the local authorities (for the applicants who are not the goods owners).

- Identity cards or passports

Cultural products of a religious nature must be approved by the Government Religion Committee or Municipal/Provincial Religion Committees.

The permission of the head of the relevant Ministry or Municipal/Provincial Department is needed when importing cultural products that will be used in research centers and are not commonly used, used as gifts to Vietnamese offices and organizations, for aid and cooperation programs, and for competitions or exhibitions in Vietnam; and those not under the management of the Culture and Information sector.

2. Procedures:

a. For Vietnamese and foreign offices, organizations and companies

- Licences will be issued 2 days from the date of recieving sufficient legal application files.

- After receiving the imported goods from Customs, the owners must take the goods sealed by Customs and the import declaration to the Department of Culture and Information for inspection and completion of files.

b. For individual:

- After receiving the imported goods from Customs, the Department of Culture and Information will request the owners to go to the Department to complete the files.

- The time to hand over the goods depends on the quantity and nature of the goods.



IV. Procedures for obtaining licences to export cultural products from Vietnam:

1. Files

a. For Vietnamese and foreign offices, organizations and companies

- Documents introducing the applicants

- A document requesting for permission to export cultural products

- An application form for permission to export cultural products

- A letter of power of attorney certified by the local authorities (for goods exchange services companies).

- A certified copy of a trading licience or an operation licience

- An invoice (for fine arts, copies of antiques, and artistic pictures)

b. For individuals:

- An application form for permission to export cultural products

- A letter of power of attorney of the goods owners certified by the local authorities (for applicants who are not the goods owners).

- Identity papers

- An invoice (for fine arts, copies of antiques, and artistic pictures)

Cultural products relating to religion must be approved by the Government Religion Committee or Municipal/Provincial Religion Committees.

Permission documents of the head of the relevant Ministry or Municipal/Provincial Department are needed when exporting cultural products that are only for internal use, on the State secret lists, and research documents; and films and floppy disks that need the content to be inspected but are not under the management of the Culture and Information sector.



2. Procedures:

- Goods owners or their representatives must take the products to theDepartment of Culture and Information for inspection.

- The time to issue a licence and return the items will depend on the quantity and nature of the items.



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Re: Important information for Overseas Vietnamese
« Trả lời #2 vào: Tháng Một 11, 2008, 08:49:46 PM »
CHAPTER III:

CONSULAR AFFAIRS, STAYING AND TRAVEL OFFOREIGNERS IN VIETNAM

I. Procedures for granting Vietnamese passports to Vietnamese overseas

1. Principles

- The apprroval and granting of Vietnamese passports will be made only for Vietnamese overseas who retain their Vietnamese nationality.

- Applicants must have real need for a Vietnamese passports and submit proposal documents for granting the Vietnamese passport.

2. Files

A passport application form, plus 04 photographs (4x6cm) and the followingdocuments:

- Document proving Vietnamese nationality, one of the following documents must be submitted:

+ A certificate of Vietnamese nationality; Decision for naturalizing or returning to Vietnamese nationality; a passport or an equivalent documents, a birth certificate, an indentification card, a certificate of civil status, etc.

Documents of civil status, nationality issued by the former South Vietnamese authorities before 30 April 1975 can be used to certify Vietnamese nationality.

- Documents issued by the residential country such as Immigration Permit and Permanent Residence Permit.

- In the case of not having a passport or have an illegal passport, summit a sworn statement explaining the reason for not having a passport or having an illegal passport.

- Vietnamese overseas who have lived abroad for long time, and can not indentify their relatives or birth place in Vietnam, have to summit documents legalized by the Vietnamese Community where they live (the Vietnamese Association can certify they have a relationship with agencies in Vietnam, or the Vietnamese Embassy in their country, or two people who are well known by the domestic Vietnamese agencies and the Vietnamese Embassy in their country).

3. Procedures

The Vietnamese Embassy/Consulate in the foreign country will receive the application. Depending on each case, they will contact and co-operate with the concerned domestic Vietnamese agencies to grant Vietnamese passports in accordance with the Vietnamese law.

II. Procedures of granting Vietnamese entry visas for Vietnamese overseas holding foreign passports.

1. Principles

- Vietnamese overseas holding Vietnamese legal passports issued by the Ministry of Foreign Affairs, the Ministry of Public Security or the Vietnamese Embassy/Consulate in the foreign countries. When they enter Vietnam, they are exempt from having Vietnamese visas.

- Vietnamese overseas holding foreign passports (hereafter known as guests), when entering, departing and transiting Vietnam, need to have Vietnamese visas.

- Vietnamese overseas holding foreign passports who have contributed much to national liberation and building up the country will be free of fees for Vietnamese visas.

2. Procedures

a) For guests who are invited by Vietnamese agencies, organizations and individuals invited (including representative offices and branches of companies of the foreign countries in Vietnam), they will request these offices to carry out procedures for Vietnamese visas with the Ministry of Public Security, and this Ministry of Public Security who will inform the Vietnamese Embassy/Consulate in the foreign country for granting Vietnamese visas.

For guests who apply Vietnamese visas for the purpose of implementing investment projects (granted licenses by the Vietnamese authorities), the Vietnamese Embassy/Consulate will grant Vietnamese visas after 5 days from the day of receiving legal applications.

b) For guests who are not invited by the Vietnamese agencies, organizations and individuals, they go to the Vietnamese Embassy/Consulate in their foreign country to submit applications for Vietnamese visas for the purpose of research into trade, investment and tourism, the Vietnamese Embassy/Consulate will fax information to nominated tourism companies in Vietnam to work with the Ministry of Public Security. The Vietnamese Embassy/Consulate will grant Vietnamese visas when they receive the approval fax of the Ministry of Public Security (in addition to visa fees, the Vietnamese Embassy/Consulate will collect money from the guests for return faxes).

c) In the following cases, the Vietnamese Embassy/Consulate will grant Vietnamese visas to the guests after from 01 to 02 days from the day of receiving legal applications:

- Guests invited by the Vietnamese authorities entering Vietnam to workfor up to 15 days for implement contracts for investment, trade, technology transfer, tourism (tourist groups of 5 persons or more must be organized by Vietnamese International Travel Companies) and submit the following documents:

+) Invitation letters or faxes of the Vietnamese authorities.

+) Investment Licenses, Joint Venture Investment Licenses, contracts of co-operation of trade, technology transfer and tourism, etc.

+) Documents proving a previous Vietnam entry and this Vietnam entry is not over 12 months apart.

- Vietnamese overseas (holding foreign passports) can enter Vietnam for the purpose of visiting relatives for a duration up to 90 days, if they have documents proving the previous Vietnam entry was not over 36 months before this Vietnam entry.

III. Registration for temporary stay, travel and visa extension

1. Registration for temporary stay

Vietnamese oversea holding foreign passports carry out procedures for temporary stay registeration at the Border Immigration Office where they enter Vietnam. After showing passports or equivalent travel documents or filled Entry and Departure Register, the Border Immigration Office will grant a Temporary Stay Certificate at the border gate. During staying in Vietnam, the guest register the temporary stay with the commune/ward authority or the host of the hotel or guest house.

When Vietnamese overseas holding Vietnamese passports entering Vietnam, they must register their temporary stay in accordance with Vietnamese laws like domestic Vietnamese.

2. Travel

Vietnamese overseas can travel around the country without permit, except in the no entry areas for foreigners. If they want to go to these areas, they need to have the permission of authorized agencies.

3. Visa extension

Three days before the visa expires, Vietnamese overseas can go to the Immigration Office of the city for assistance and fill out a visa extension form. They submit a foreign passport and visa extension form to the Immigration Office of the city/province for consideration and visa extension.

Passports or equivalent travel documents and Certificate of Temporary Stay in Vietnam will be attached to the form. When extending visas, the guest will continue to register the temporary stay with the local authority. In the case that the Vietnamese visa expires, but the duration of temporary stay in Vietnam remains, the guest does not need to extend the Vietnamese visa.

IV. Permission for a Vietnamese citizen departing for a short stay

1. Procedure for relatives visit:

- Invitation letters or guarantee letters from Vietnamese overseas to relatives in Vietnam (certified by the local government where the Vietnamese overseas live)

- Birth certificate or proof of the relation of the Vietnamese overseas and relatives.

2. Procedure for abroad studying:

- Guarantee letters of Vietnamese overseas.

- Admission letter from school.

3. Marriage to Vietnamese overseas

- A guarantee letter of the Vietnamese overseas fiance or fiancee approved by the government permitting the Vietnamese citizen to immigrate to marry with the Vietnamese overseas.

- A Certificate of single status of the Vietnamese overseas issued by the local authority.

4. Going abroad for medical treatment:

- A guarantee letter of the Vietnamese overseas.

- An admission letter of clinics or hospitals of foreign countries

5. Other humanitarian purposes:

- Documents approving the purposes for going abroad issued by the authority of the foreign country or the Vietnamese Embassy/Consulate, such as receiving an inheritance, seeing off or receiving relatives who are sick, the elderly or children from Vietnam.

These above documents must be sent to relatives in Vietnam and submitted to the Vietnamese authorities for approval.

V. Fees and costs of services applying to Vietnamese overseas coming to Vietnam for relatives visit, tourism and working.

1. When Vietnamese overseas come to Vietnam, they have a Vietnamese passport, or they have a foreign passport and their relatives (including wife or husband and their parents, children, step-children and legally adopted children) have legalized certificates of blood relationship issued by a Vietnamese Embassy/Consulate or Committee for Vietnamese overseas, they will pay fees, and transport tickets at the same price as domestic Vietnamese.

2. Vietnamese overseas holding foreign passports who contributed much to national liberation and building up the country who have certificates issued by a Vietnamese Embassy/Consulate or Committee for Vietnamese overseas will be not pay fees for Vietnamese visas.

3. Fees and cost for Vietnamese overseas holding Vietnamese passports; and Vietnamese overseas holding foreign passports mentioned in section 2 will be at the same level as domestic Vietnamese.

VI. Procedures for marriage between a Vietnamese overseas and a domestic Vietnamese

1. Files

+) Vietnamese overseas:

- Marriage Application (Form)

- A copy of Birth Certificate

- A Certificate of single status issued by their government with the last of three months.

If a former wife (husband) is deceased or divorced, a Death Certificate, Divorce Decision of the court must be attached. In the case where the court judgement, or the Divorce Decision of the court or other authorities of the foreign country has be registered in accordance with the laws of civil status registration, the court judgement, or the Divorce Decision have to be registered being submitted:

-Permit for taking notes the Permit of civil status registration issued by the authority of the country where the Vietnamese overseas live.

- Copies of passport, visa and entry/departure document.

Notes All documents relating to marriage issued by the foreign country must be certified in accordance with Vietnamese law. These documents must be translated into the Vietnamese language and notarized.

+) Vietnamese citizen

- Marriage Application (Form) legalized by the People Committee of Commune/Ward.

- Certificate of Single status issued in the last 30 days.

- Curriculum Vitae (Form) (in accordance with the requirement of the Ministry of Public Security).

- Death Certificate issued by the local authority or Divorce Decision of the court if any the wife or husband is deceased or divorced.

- Health Certificate made in the last 3 months certifying no mental illness issued by the Health Care Office.

- Copies ofBirth Certificate, Indentity Card and Household Register.

These documents are made in two sets and submitted to the Department of Justice if the marriage is registered in Vietnam or submitted to a Vietnamese Embassy/ Consulate if the marriage is registered abroad.

2. Proceedures

- Within 60 days from the day of receiving the legal documents, the People’s Committee of the Province will approve the marriage or not, if more time is needed for checks, the duration is not over 30 days.

The Department of Justice will issued the Marriage Certificate to the couple. The couple will present and show Indentify Cards, passports or equivalent documents.

- Within 60 days from the day of receiving the legal documents, a Vietnamese Embassy/Consulate will check and approve the marriage if the couple are both of Vietnamese nationality, or grant a certificate of legal marital status to a Vietnamese citizen if the other person has another nationality so that they can register to marry with the relevant authority of the foreign country. If more checks are needed, the duration will not be over 30 days.

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Important information for Overseas Vietnamese
« vào: Tháng Một 11, 2008, 08:48:34 PM »
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.



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