Contents of Administrative procedures - Department of Justice

Procedure Applying for Vietnamese citizenship
Process

Step 1: An applicant fills in the Application Form for Vietnamese citizenship and submits dossier to the One Stop Shop Section of the Ha Noi Department of Justice.     

Step 2: One Stop Shop Section receives and checks dossiers.
If the dossier is complete and valid, One Stop Shop will accept it and give the applicant a receipt with an appointment of the time and date for return of the result.   
If the dossier remains incomplete and needs to be added, the applicant shall be advised to add.
    
Step 3: One Stop Shop Section notes in the book, then hand their dossiers over to the Section for Judicial Administration.

Step 4: The Section for Judicial Administration receives the dossiers, fulfills the procedure in accordance with the law and hands it over to the Ha Noi Police Department, Municipal People’s Committee/ Ministry of Justice (MoJ).
Druing the process of implementation, if the dossiers need to be added or double checked, the Section for Judicial Administration is required to consult PSC, so that the latter will keep the applicant informed.

Setp 5: After receiving the State President’s decision on approving Vietnamese citizenship, Ministry of Justice shall send outcome (the State President’s decision) and one copy to the provincial People’s Committee.

Where to submit Where to lodge The applicant submits dossier directly to One Stop Shop Section - Ha Noi Department of Justice. Submission at One Stop Shop of the Ha Noi Department of Justice Address: 1B Tran Phu Street, Ha Dong, Ha Noi Telephone: 0433546151/ 0433546163
Contents and number of the dossier

Dossier contents
1. Dossier contents
1. Application Form for Vietnamese citizenship;
2. CV;
3. Copies of Birth Certificate, passport or valid alternative papers as evidence for having foreign citizenship;   
4. Criminal record sheet issued by competent Vietnamese authority for the period that the applicant resides in Viet Nam; criminal record sheet issued by competent foreign authority for the period that the applicant resides in foreign country.
Criminal record sheet is in no excess of 90 days before the date of submission of the dossier.  
5. One of the following papers to prove the applicant’s Vietnamese language skills: copy of post-graduate degree, college diploma, university diploma, vocational school diploma, high school diploma of Viet Nam; copy of certificate/ diploma evidencing Vietnamese language skills issued by a Vietnamese language teaching center;  
If applicant states that his/ her language skill is qualified to intergrate in Vietnamese community but fails to submit such papers, the Department of Justice will hold a direct interview with the applicant to test his/ her language skills.
6. Copy of Permanent Residence Card as proof for accommodation and residence period in Viet Nam; Copy of Residence Card;
7. One of following papers to evidence the applicant’s ability to make a living in Viet Nam: paper evidencing property ownership rights; written certification of income issued by the applicant’s office where he/she worked; written certification of taxable incomes issued by tax authorities; paper evidencing the guarantee of an organization/ individuals in Viet Nam; written certification of commune-level People’s Committee in the locality where the applicant resides to prove that he/she can support himself/herself  in Viet Nam.

2. Dossier contents for special cases:
2.1 If the applicant wishes to apply for Vietnamese citizenship for his/her minor children, he/ she must submit copies of the children’s Birth Certificates. In case either father or mother applies for her/ his Vietnamese citizenship and wishes to apply for Vietnamese citizenship for the children at the same time, a written agreement on application for Vietnamese citizenships for their children is required.
2.2 If the applicant belongs to an exemption case for some conditions for Vietnamese citizenship, he/ she must submit the corresponding papers to prove those conditions, including:
-  Marriage Certificate, if the applicant has Vietnamese wife/ or husband;
- Birth Certificate or alternative valid papers to prove the father-child  relationship/ or mother-child relationship, if the applicant is natural father/ natural mother or natural child of Vietnamese citizen;
- Copy of medals of Orders, certificates of a noble titles or certificates issued by Vietnamese competent authorities, if the applicant has special contribution to construction and national defense of the country;  
- If the naturalization of the applicant benefits the State of Viet Nam Socialist Republic, the applicant must submit a paper issued by the office where he/she works and certified by the state managing agency at ministerial level or People’s Committee at provincial level, confirming that the naturalization will contribute to development in on of following fields: science, economy, culture, society, arts and sport.

Number of dossiers: 03 sets

Three sets to be archived at the Offices of the State President, Ministry of Justice and the local Department of Justice

Processing duration The procedures will be fulfilled in 145 working days after receiving the set of appropriate and valid dossiers according to the law. 1. Timeline for the Department of Justice to send request on verifying personal of the applicant: 05 working days after receiving the set of valid dossiers 2. Timeline for police to verify and give results of verification: 30 working days since receiving the written request 3. Timeline for the Department of Justice to complete dossiers to submit to the Municipal People’s Committee for consideration: 10 working days since receiving results of verification 4. Timeline for the Municipal People’s Committee to consider, decide and propose their opinions to Ministry of Justice: 10 working days since receiving dossier of the Department of Justice 5. Timeline for Ministry of Justice to consider, check and inform the applicant of fulfilling procedures to renounce his/her foreign citizenship (unless the applicant wishes to keep foreign citizenship/ or has no citizenship): 20 working days since receiving proposal of the Municipal People’s Committee 6. Timeline for Ministry of Justice to report to the Prime Minister (PM) and submit to the State President for consideration and decision: 10 working days since receiving Paper of renunciation of citizenship 7. Timeline for the State President to consider and decide: 30 working days since the PM proposes 8. Timeline for Ministry of Justice to release the result: 10 working days since decision of the State President
Objects - Foreign citizen who resides permanently in Ha Noi and receives Permanent Residence Card issued by the Ha Noi Police Department (foreign citizen has resided in Viet Nam in 5 years or more since the day of issuance of Permanent Residence Card); - Person without citizenship, who resides permanently in Ha Noi and receives Permanent Residence Card issued by the Ha Noi Police Department.
Competent agency Department of Justice
Outcome - State President’s Decision on approving naturalization of Vietnamese citizenship; - In case Ministry of Justice is of opinion that the applicant is unqualified for submission to the State President or fails to get approval from the State President, Ministry of Justice will send document to the Municipal People’s Committee to keep the applicant informed of the result.
Fee VND 3,000,000 Free of charge in following cases: - Applicant having special contribution to the construction and national defense of Viet Nam, including people who were involved in the revolutionary activities before the August General Uprising in 1945; the revolutionary people who apply for naturalization of Vietnamese citizenship, or other people whose naturalization of Vietnamese citizenship will benefit the State of Viet Nam; - Applicant having difficult economic conditions according to poverty line stipulated by the Prime Minister and other documents guiding implementation; - Applicant being Laotians migrating to Viet Nam, who were allowed to reside in Viet Nam before January 1, 2009 according to Prime Minister Decision 206/QD-TTg; - Applicant being Cambodian and escaped from genocide from 1978 to 1983, who have has no papers as proof for their his original citizenship and registered in refugee camps in Viet Nam sponsored by the United Nations High Commissioner for Refugees.
Form/Declaration

- Application for Vietnamese citizenship (TP/QT-2010-DXNQT.1);
- CV (TP/QT – 2010 – TKLL)
(the attached samples, or downloaded from www.sotuphaphanoi.gov.vn )

Other requirements 1. Requirement and conditions to be granted Vietnamese citizenship: Applicant being foreign citizen and people without citizenship, who is residing in Ha Noi and has Permanent Residence Card issued by the Ha Noi Police Department, can be granted Vietnamese citizenship in following cases: 1.1 Having full capacity for civil acts according to the Vietnamese laws; 1.2 Abiding by the Vietnamese constitutions and laws, and respecting Vietnamese tradition and customs; 1.3 Being qualified to communicate in Vietnamese language to integrate himself/herself into Vietnamese community; 1.4 Having resided in Viet Nam for at least 5 years by the time of application for Vietnamese citizenship/ having resided in Viet Nam for at least 5 years since the date the applicant was granted Permanent Residence Card; 1.5 Having ability to make a living in Viet Nam; 1.6 Applicant for Vietnamese citizenship must renounce his/ her foreign citizenship; 1.7 Applicant for Vietnamese citizenship must have a name in Vietnamese, which is chosen by him/ her and written in the Decision on approving naturalization of Vietnamese citizenship. 1.8 Application for Vietnamese citizenship will be rejected, if it is harmful to the interest of the State of Viet Nam. 2. For following cases, requirements in 1.3, 1.4 and 1.5 is exempted; it is required to note clearly in 1.4 “Residence Card is required, but it is exempted for the perid of five years or more (Article 7, Resolution 78/2009): 2.1 Applicant being wife/ husband/ natural mother/ father/ child of Vietnamese citizen; 2.2. Applicant having special contribution to the construction and national defense of Viet Nam; 2.3 Naturalization benefiting the State of Viet Nam. 3. Requirements and conditions in 1.6 will be ruled out in the following cases: 3.1 Applicant being wife/ husband/ natural mother/ natural father/ natural child of Vietnamese citizen; 3.2. Applicant having special contribution to construction and national defense of Viet Nam; 3.3 Naturalization having benefit to Viet Nam. Requirements will be exempted in special cases with permission of the State President; in this case, it is required to note clearly: 1. Criminal record is in no excess of 90 days before the date of receiving dossier; 2. Papers issued by foreign competent authorities must be consolably legalized; papers in foreign language must be translated into Vietnamese and notarized according to the Vietnamese law.
Legal basis

- The Vietnamese Law on Citizenship in 2008;
- Decree 78/2009/ND-CP on detailing and guiding implementation of some articles of Vietnamese Law on Citizenship in 2008;
- Circular 146/2009/TT-BTC dated July 20, 2009 on guiding collection, remittance, management and use of fees for settling issues relating to citizenship;
- Circular 08/2010/TT-BTP on guiding forms on citizenship and books of receiving citizenship issues;
- Joint-circular 05/2010/TTLT/BTP-BNG-BCA on guiding implementation of Decree 78/2009/ND-CP dated September 22, 2009 on detailing and guiding implementation of some articles of the Vietnamese Law on Citizenship;
- Circular 05/2013/TTLT-BTP-BNG-BCA dated January 31, 2013 on amending, supplementing Article 13 of Joint-circular 05/2010/TTLT/BTP-BNG-BCA on implementation of Decree 78/2009/ND-CP dated September 22, 2009 on detailing and guiding implementation of some articles of the Vietnamese Law on Citizenship;
- Law 56/2014/QH13 on amending, supplementing some articules of the Vietnamese Law on Citizenship.  
 

Administrative procedures

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