Decree No.78/2009/ND-CP Detailing & Guiding a Number of Articles of Law on Vietnamese Nationality

This Decree details Articles 13, 19, 20, 22, 23, 24, 27, 28, 32 and 34 and guides some other articles of the Law on Vietnamese Nationality.

DECREE

DETAILING AND GUIDING A NUMBER OF ARTICLES OF THE LAW ON VIETNAMESE NATIONALITY

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the November 13, 2008 Law on Vietnamese Nationality;
At the proposal of the Minister of Justice,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree details Articles 13, 19, 20, 22, 23, 24, 27, 28, 32 and 34 and guides some other articles of the Law on Vietnamese Nationality.

Article 2. Consular legalization, certification and translation of papers in nationality dossiers into Vietnamese

1. Papers in dossiers of application for naturalization in Vietnam or restoration or renunciation of Vietnamese nationality and those required for the settlement of other nationality-related matters which are issued by competent foreign agencies must be consularly legalized, unless otherwise provided by treaties to which the Socialist Republic of Vietnam is a contracting party.

2. Foreign-language papers in dossiers specified in Clause 1 of this Article must be translated into Vietnamese and certified according to Vietnam's law.

Article 3. Notification of results of settlement of nationality-related matters

The Ministry of Justice shall make notification to applicants for naturalization in Vietnam or restoration or renunciation of Vietnamese nationality under Article 41 of the Law on Vietnamese Nationality and concurrently to People's Committees of provinces or centrally run cities (below referred to as provincial-level People's Committees), if the applicants submit dossiers in the country.

Applicants for restoration or renunciation of Vietnamese nationality who submit dossiers at overseas Vietnamese representative missions will be notified of settlement results via the Ministry of Foreign Affairs.

Article 4. Fees for settlement of nationality-related matters

1. Applicants for naturalization in Vietnam, restoration or renunciation of Vietnamese nationality and registrants for retention of Vietnamese nationality shall pay fees, except for cases specified in Clause 2 of this Article.

The rates and the collection, payment, management and use of fees shall be prescribed by the Minister of Finance.

2. The following persons are exempted from fees for naturalization in Vietnam or restoration of Vietnamese nationality:

a/ Those who have made special meritorious contributions to Vietnam's national construction and defense and now apply for naturalization in Vietnam or restoration of Vietnamese nationality;

b/ Those who are categorized as poor under law;

c/ Stateless persons who apply for naturalization in Vietnam under Article 22 of the Law on Vietnamese Nationality.

3. Agencies receiving dossiers of application for naturalization in Vietnam or restoration of Vietnamese nationality shall base themselves on the Finance Ministry's regulations to decide on fee exemption on a case-by-case basis.

Download here

Chapter V

IMPLEMENTATION PROVISIONS

Article 31. Effect

This Decree takes effect on November 10, 2009, and replaces the Government's Decree No. 104/1998/ND-CP of December 31, 1998, detailing and guiding the Law on Vietnamese Nationality, and Decree No. 55/2000/ND-CP of October 11, 2000, amending a number of articles of Decree No. 104/1998/ND-CP of December 31, 1998, detailing and guiding the Law on Vietnamese Nationality.

Article 32. Implementation responsibilities

The Ministry of Justice, the Ministry of Foreign Affairs and the Ministry of Public Security shall, within the ambit of their functions and tasks, detail a number of articles of this Decree and guide some others so as to meet the requirements of state management of nationality-related matters.

Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People's Committees shall implement this Decree.-