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Conditions of repatriation and exit for overseas Vietnamese

VGP – Overseas Vietnamese who hold foreign passports can apply for new visas to go abroad after they repatriate to Việt Nam.

Question (A Vietnamese American living in California, San Francisco): I intend to repatriate to Việt Nam and settle in Hồ Chí Minh City. What are the conditions and procedures for repatriation? If I am allowed to repatriate, may I go abroad to visit my relatives?

Answer (Lawyer NH Quang’s Office, B23 Trung Hòa–Nhân Chính Villa Complex, Thanh Xuân District, Hà Nội):

1. Conditions for repatriation:

Under Article 2, Decision 875/TTg dated on November 21, 1996 of the Prime Minister, if overseas Vietnamese want to repatriate to the fatherland, they have to meet the following criteria:

(1) Having Vietnamese citizenship and holding a Vietnamese passport; if the applicant has Vietnamese citizenship while holding a foreign passport, he/she must have a certificate of citizenship registered at a representative agency of the Socialist Republic of Việt Nam abroad;

(2) Having a positive political attitude; neither joining nor supporting anti-Việt Nam organizations, not committing any act against the Vietnamese Government and the Vietnamese community abroad;

(3) Being able to ensure his/her post-repatriation living in Việt Nam;

(4) Having a competent agency or a relative as a guarantee.

2. Repatriation proceedings

Under Article 4, Decision 875/TTg, Section II, Joint Circular 06/TT-LT, Point 2 Joint Circular 04/TTLT-BCA-BNG, the applicant must prepare two dossiers of application for repatriation, each of them comprises of:

(1) an application form issued by the Ministry of Home Affairs and papers presenting his/her reasons and purposes of repatriation;

(2) a copy of passport or other valid papers proving his/her Vietnamese citizenship and  overseas permanent residence permit, precisely:

-    For the applicants who carry the Vietnamese passport or valid papers substituting for the passport: (1) Copies of the mentioned papers; (2) Copy of his/her permanent residence permit issued by overseas authorities.

-   For the applicants who carry foreign passports or valid papers substituting for the passport: (1) Copies of the mentioned papers; (2) Copy of the confirmation of citizenship registration issued by a representative agency of the Socialist Republic of Việt Nam abroad or copy of the Vietnamese citizenship certificate issued by provincial-level People’s Committees or by a representative agency of the Socialist Republic of Việt Nam abroad

-     For applicants who do not carry any passport or valid paper substituting for the passport: (1) Copy of his/her permanent residence permit issued by overseas authorities;  (2) Copy of the confirmation of citizenship registration issued by a representative agency of the Socialist Republic of Việt Nam abroad or copy of the Vietnamese citizenship certificate issued by provincial-level People’s Committees or by a representative agency of the Socialist Republic of Việt Nam abroad

(3) 03 latest passport photos; two of which are pasted on the application form; the remaining photo must have the applicant’s full name in the back and is used for the purpose of passport issuance (if he/she is allowed to repatriate)

(4) other documents for repatriation, specifically:

- In case, the applicant has a relative as a guarantee, enclosed documents comprise of:

  • Guarantee letter form provided by the relative
  • Valid papers proving the relations of the guarantee to the applicant. The document must be authenticated by the People’s Committees of the wards or communes where the guarantee resides.
  • Documents proving that the applicant can support his/her post-repatriation living in Việt Nam.

- In case, the applicant has a competent agency in Việt Nam as a guarantee, he/she must present a guarantee letter signed and stamped by the highest authority of the agency.

The dossiers of application for repatriation can be submitted to two offices:

a) Overseas: A diplomatic mission, a consular office or another representative agency of Việt Nam which is authorized to issue Vietnamese visas

b) The Immigration Department or the provincial-level Police Services.

* Under Article 4 of Ordinance 24/1999/PL-UBTVQH 10 on Entry, Exit, and Residence of Foreigners in Việt Nam, after repatriating to Việt Nam legally, if the applicant wants to go abroad using his/her foreign passport, he/she can apply for a visa at the Immigration Department or Bureau.

For more information, please visit www.vietnam-visa.com or mail to support@vietnam-visa.com

Foreigners having blood or marriage ties with Vietnamese citizens exemptible from visa

VGP – Foreigners who are spouse and children of a Vietnamese citizen or overseas Vietnamese can acquire visa exemption certificate if they prove their marriage or blood relations with the Vietnamese national.

Question: What kinds of papers do foreign-passport holders who are spouse/children of a Vietnamese citizen or overseas Vietnamese have to present to acquire the certificate of visa exemption? What are the competent bodies? And how long to obtain the certificate?

Answer:

  1. Foreigners who are spouse or children of a Vietnamese citizen or overseas Vietnamese are exempted from Vietnamese visa. To acquire the certificate of visa exemption, they have to prepare the following papers:
    • One (01) application form for visa exemption;
    • Two (02) recent color passport photos with white background, in the straight-looking stature, without color glasses, and wearing nothing on the head (01 photo stuck to the application form, the other left separately);
    • Foreign passport with at least six-moth validity since their entry into Việt Nam (together with a copy of the passport for the archives);
    • One of the following papers to prove their marriage and family relations with the Vietnamese national (together with a copy for the archives):
      • Marriage certificate;
      • Birth certificate;
      • Paper confirming the parents-children relationship;
      • Other valid papers under Vietnamese laws.
  2. The Vietnamese competent bodies to give the certificate of visa exemption include: – Diplomatic representative agencies in other countries; – Việt Nam Immigration Department, administered by the Ministry of Public Security.
  3. The certificate of visa exemption must be issued within seven working days since the reception of all valid papers.

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