Dossier to make a citizen’s identity card for overseas Vietnamese

Citizen identity plays an important role in the social life of individuals for legal activities. In Vietnam, citizens must present personal documents, including ID card in many situations. Overseas Vietnamese when returning to Vietnam also want to have an identity card, because having one will facilitate them in various situations and avoid complicated procedures. However, they might find it difficult to apply for an ID card since they are not familiar with the legislation of Vietnam. Therefore, in this article, LSX legal firm would like to give you a guidance with: “Dossier to make a citizen’s identity card for overseas Vietnamese”

Legal grounds

• Law on Vietnamese Nationality 2008
• Law on Citizen Identification 2014

Overseas Vietnamese

1. “Overseas Vietnamese” means Vietnamese citizens and persons of Vietnamese origin who permanently reside in foreign countries.
2.  “Persons of Vietnamese origin residing abroad” are Vietnamese people who used to have Vietnamese nationality which had been determined at the time of their birth on the consanguinity principle and their offspring and grandchildren are permanently residing in foreign countries.

Article 7. Policies toward persons of Vietnamese origin residing abroad (Law on Vietnamese Nationality 2008)

1. The State of the Socialist Republic of Vietnam adopts policies to encourage and create favorable conditions for persons of Vietnamese origin residing abroad to maintain close relations with their families and homeland and contribute to the building of their homeland and country.
2. The State adopts policies to create favorable conditions for persons who have lost their Vietnamese nationality to restore Vietnamese nationality.

Subjects of application on the Law on Citizen Identification 2014

Vietnamese legislation permits the issuance of citizens’ identity cards and citizen identity card numbers to citizens from at least 14 years old.
This indicates that those who hold Vietnamese nationality and at the same time over the age of 14 have the right to receive citizen identification cards.
As a result, the Law requires any person wishing to apply for a citizen identification card to hold Vietnam nationality, including Vietnamese living abroad.
If a person wishes to reapply for the issuance of their identity cards after losing their nationality or giving it up when traveling overseas, they must first apply for restoration of Vietnamese nationality.

Grounds for identification of persons having Vietnamese nationality

A person determined to have Vietnamese nationality on one of the following grounds:

1. By birth, as prescribed in Articles 15, 16, and 17 of the Law on Vietnamese Nationality 2008.
2. Having been naturalized in Vietnam.
3. Having Vietnamese nationality restored.
4. On the grounds defined in Articles 18, 35, and 37 of the Law on Vietnamese Nationality 2008.
5. On the grounds defined in treaties to which the Socialist Republic of Vietnam is a contracting party.

Article 15. The nationality of children whose parents are Vietnamese citizens

A child born inside or outside the Vietnamese territory whose parents, at the time of his/her birth, are both Vietnamese citizens has Vietnamese nationality.

Article 16. The nationality of children either of whose parents is a Vietnamese citizen

1. A child born inside or outside the Vietnamese territory either of whose parents is a Vietnamese citizen and the other is a stateless person at the time of his/her birth or whose mother, at the time of his/her birth, is a Vietnamese citizen and whose father is unknown, has Vietnamese nationality.
2. A child either of whose parents is a Vietnamese citizen at the time of his/her birth and the other is a foreign national has the Vietnamese nationality if so agreed in writing by his/her parents at the time of birth registration. In case a child is born in the Vietnamese territory but his/her parents fail to reach an agreement on the selection of his/her nationality, the child has Vietnamese nationality.

Article 17. The nationality of children whose parents are stateless persons

1. A child born in the Vietnamese territory whose parents, at the time of his/her birth, are both stateless persons with a permanent residence in Vietnam has Vietnamese nationality.
2. A child born in the Vietnamese territory whose mother, at the time of his/her birth, is a stateless person with a permanent residence in Vietnam and whose father is unknown, has Vietnamese nationality.

Article 18. The nationality of abandoned newborns and children found in the Vietnamese territory

1. Abandoned newborns and children found in the Vietnamese territory whose parents are unknown, have Vietnamese nationality.
2. A child specified in Clause 1 of this Article who is aged under full 15 years will no longer have Vietnamese nationality in the following cases:
   a/ He/she has found his/her parents who hold single foreign nationality;
   b/ He/she has found his/her mother or father who holds single foreign nationality.

Article 35. Nationality of minor children upon their parents’ naturalization in Vietnam, restoration or renunciation of Vietnamese nationality

1. When the nationality of the parents changes as a result of naturalization in Vietnam, restoration or renunciation of Vietnamese nationality, the nationality of the minor child who is living with his/her parents will be changed accordingly.
2. When only one parent is permitted for naturalization in Vietnam, restoration or renunciation of Vietnamese nationality, the minor child who is living with that person will acquire Vietnamese nationality or lose his/her Vietnamese nationality, if so agreed in writing by his/her parents. In case a parent permitted for naturalization in Vietnam or restoration of Vietnamese nationality, the minor child who lives with that person will also acquire Vietnamese nationality, if his/her parents fail to reach a written agreement on the retention of their child’s foreign nationality.
3. Change of the nationality of persons aged between full 15 and under 18 years under Clauses 1 and 2, this Article, is subject to these persons’ consent.

Article 37. Nationality of adopted minor children

1. A child who is a Vietnamese citizen and adopted by a foreigner will retain his/her Vietnamese nationality.
2. A child who is a foreign national and adopted by a Vietnamese citizen will acquire Vietnamese nationality from the date a competent Vietnamese agency approves the adoption.
3. A child who is a foreign national and adopted by parents one of whom is a Vietnamese citizen and the other is a foreign national may be permitted for naturalization in Vietnam according to the application for Vietnamese nationality filed by his/her adoptive parents and is exempt from conditions prescribed in Clause 1, Article 19 of this Law.
4. Change of the nationality of adopted children aged between full 15 and under 18 years is subject to these persons’ consent.

Dossier to make a citizen’s identity card for overseas Vietnamese

Article 22 of the Law on Citizen Identification specified the documents required to obtain a citizen identity card for overseas Vietnamese. Accordingly, overseas Vietnamese need the following documents to apply for a citizen ID card:

• Declaration according to the prescribed form;
• In case overseas Vietnamese do not have information in the National Population Database, they must present legal papers such as birth certificates, temporary residence books, etc.

Legal service of LSX Legal Firm

LSX legal firm provides legal services to clients in various legal areas. To make your case convenient, LSX will perform:

• Legal advice related to new regulations;
• Representing in drafting and editing documents;
• We commit the papers to be valid, and legal for use in all cases;
• Represent to submit documents, receive results, and hand them over to customers.

With a team of experienced, reputable, and professional consultants; The firm is always ready to support and work with clients to solve legal difficulties.

Furthermore, using our service, you do not need to do the paperwork yourself; We guarantee to help you prepare documents effectively and legally.

Also, you will not have to waste time preparing the application, submitting application, or receiving results. At those stages, we will help you do it smoothly.

After all, LSX provides the service with the desire that customers can experience it the best way. Additionally, we guarantee the cost to be the most suitable and economical for customers.

Contact LSX

The above content details information regarding “Dossier to make a citizen’s identity card for overseas Vietnamese”. LSX Legal Firm has provided effective legal guidance to businesses and individuals with reasonable prices as well as efficient outcomes in recent years. Following legal principles, we always update and keep our operations and services on track with the law. If you need any further information from the firm’s solicitors, please contact  LSX Law firm: +84846175333 or Email: [email protected]

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