Contents of Administrative procedures - Department of Justice

Procedure Applying for renouncing Vietnamese citizenship
Process

Step 1: An applicant writes or fills in the Application Form for renouncing Vietnamese citizenship, prepare dossier and submits it to the One Stop Shop Section for consideration.         

Step 2: The One Stop Shop Section receives and checks dossier. If the dossier is complete and valid, One Stop Shop Section 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: The One Stop Shop Section notes in the book, then hands the dossier over to the Section for Judicial Administration.  

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

Step 5: After the State President issues decision on renouncing Vietnamese citizenship, Ministry of Justice sends the result (decision on renouncing Vietnamese citizenship) and one copy to the People’s Committee at provincial level.

Where to submit Where to lodge The applicant for renouncing Vietnamese citizenship submits dossier directly to the Ha Noi Department of Justice. If the applicant has guardian according to the law, the guardian fulfills dossier and submits it directly to local Department of Justice in the area where the applicant resides. Authorization is not allowed. Submission at One Stop Shop Section of the Ha Noi Department of Justice Address: 1B Tran Phu Street, Ha Dong, Ha Noi Tel: 0433546151/ or 0433546163
Contents and number of the dossier

Dossier components
1. Dossier components
1.1 Application Form for renouncing Vietnamese citizenship;
1.2. CV;  
1.3. Copies of Vietnamese passport; ID;
In case Vietnamese passport/or ID is unavailable, the applicant is required to submit one of following papers: copy of Birth Certificate (if Vietnamese citizenship is not indicated in the Birth Certificate, he/she must also submit the paper as evidence for Vietnamese citizenship of his /her parents); Decision on granting/ or returning to Vietnamese citizenship; Decision on recognizing adoption of foreign children; Decision on approving foreigner to adopt Vietnamese children.
1.4 Criminal record sheet issued by competent Vietnamese authority, which is in no excess of 90 days before the date of submission of the dossier.      
1.5. Paper certifying that the applicant is fulfilling procedures to apply for foreign citizenship: the paper which was either certified or guaranteed by foreign competent agency that he /she has been granted foreign citizenship, unless the issuance of such paper is not stipulated by the law of that country.
In case the applicant who requests for renouncing Vietnamese citizenship  has already been granted foreign citizenship, he/ she must submit the copy of his/her passport or alternative personal papers issued by foreign competent authority as proof for his/her foreign citizenship
1.6 Certificate of no tax liability issued by the Department of Taxation in locality where the applicant is residing (the Ha Noi Department of Taxation) ;
1.7 If the applicant used to be a civil servant, or served in the Viet Nam People’s Armed Forces who has been retired, released, dismissed or demobilized from duty and the army for no more than 5 years, he/ she must also submit papers issued by his/her former work place, stating that the decision to renounce Vietnamese citizenship is not at the expense of the national interests of Viet Nam or of the state secrets, and does not violate regulations stipulated in the branch where he/ she used to work .  

2. Components of dossier in some special cases:
2.1 If Vietnamese citizen does not reside permanently in Viet Nam, papers stipulated in 1.4, 1.6 and 1.7 are not required.
2.2 In case of submitting dossier in Viet Nam, the applicant must submit papers as proof for residence place to identify competence.

Number of dossier: three sets to be archived at the Office of the State President, Ministry of Justice and the Department of Justice

Processing duration Timeline to fulfill the procedures in competent authorities is 125 working days. 1. Timeline for the Department of Justice to give announcement and send written request to the Police Department for verification: 05 working days after receiving the set of full dossiers Note: Announcement on renouncing Vietnamese citizenship must be publicized on a newspaper or online newspaper in the locality for three consecutive issues, and publicized on portal of Ministry of Justice. Announcement on the portal must be kept in at least 30 days since the date of publishing. 2. Timeline for the Police Department to verify and give results of their verification: 20 working days since receiving the written request of the Department of Justice Note: In cases that the verification is not required, timeline is reduced to 25 days. 3. Timeline for the Department of Justice to fulfill procedures to submit it to the Municipal People’s Committee: 05 working days since receiving result of verification from the Police Department 4. Timeline for Municipal People’s Committee to consider, decide and propose opinion to Ministry of Justice: 05 working days since receiving request of the Department of Justice 5. Timeline for Ministry of Justice to check and submit report to the Prime Minister (PM), so that the PM submits it to the State President for further consideration: 20 working days since receiving request of the Municipal People’s Committee; 6. Timeline for the State President to consider and decide: 20 working days since receiving proposal of the PM 7. Timeline to announce the decision: After the State President issues decision on renouncing Vietnamese citizenship, Ministry of Justice will send the decision to the citizen within 10 days, and send one copy to the People’s Committee at provincial level. Note: Aforesaid timeline does not include special cases according to the law.
Objects Vietnamese citizens living in Ha Noi, who apply for renouncing Vietnamese citizenship to naturalize foreign citizenship
Competent agency Department of Justice
Outcome - Decision on approval of renouncement 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, the Ministry will inform the Municipal People’s Committee, so that the latter will keep the applicant informed of the results.
Fee VND 2,500,000 for one case
Form/Declaration

- Application Form for renouncing Vietnamese citizenship TP/QT-2010- DXTQT.1;
- Application for renouncing Vietnamese citizenship TP/QT-2010- DXTQT.2, if a guardian applies on behalf of the ward;
- CV (TP/QT-2010-TKLL)

(the attached samples, or downloaded from www.sotuphaphanoi.gov.vn )

Other requirements 1. No permit has been given yet to renounce Vietnamese citizenship for the following cases: 1.1 Having tax liability to the State/ or not having fulfilled obligations with regard to the property to Vietnamese organizations, agencies or individuals and taxation agency or their creditors have sent written request for a delay of renouncement of their Vietnamese citizenship. 1.2 Being charged of criminal liability; 1.3 Being subject to a judgment or decision of Vietnamese court; 1.4 Being temporarily detained pending final decision; 1.5 Being subject to the administrative penalties, including being sent to the re-educational institutions or medical treatment establishments. 2. No permit for the applicant to renounce Vietnamese citizenship for the following cases 2.1 Renouncement of Vietnamese citizenship is harmful to the national interests of the State of Viet Nam. 2.2 Staffs, officers and people who are serving in the Viet Nam armed forces are not allowed to renounce Vietnamese citizenship. 3. Papers issued by foreign competent authorities must be consular legalized; the papers in foreign language must be translated into Vietnamese and notarized according to the Vietnamese law. 4. Criminal record in the dossier is in no excess of 90 working days before the date of submission of dossier.
Legal basis

- The Vietnamese Law on Citizenship in 2008;
- Government Decree 78/2009/ND-CP on detailing and guiding implementation of some articles of the Vietnamese Law on Citizenship in 2008;
- MoJ Circular 146/2009/TT-BTC dated July 20, 2009 on guiding collection, remittance, management and use of fees for settling issues relating to citizenship;   
- MoJ Circular 08/2010/TT-BTP on guiding forms for citizenship related issues and books of citizenship related issues;   
- Inter-ministerial Circular 05/2010/TTLT/BTP-BNG-BCA on guiding implementation of Government 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 Inter-ministerial Circular 05/2010/TTLT/BTP-BNG-BCA on guiding implementation of Government Decree 78/2009/ND-CP dated September 22, 2009 on detailing and guiding implementation of some articles of the Vietnamese Law on Citizenship.

Administrative procedures