Hello Lawyer, my family is about to welcome overseas relatives back to Vietnam. My lawyer asked me what is the procedures to import household registration for Overseas Vietnamese to repatriate. I want to thank you very much for answering my questions.
Thank you for sending us your question. To be able to provide you with information on How to apply for a household registration certificate for overseas Vietnamese to repatriate? Lawyer X invites you to refer to our article below.
Legal grounds
Residence Law 2020
Law on Citizen Identification 2014
Conditions for applying for repatriation?
Viet Kieu may be registered for repatriation to Vietnam when meeting the following 02 conditions:
Firstly: Having papers proving that they used to have Vietnamese nationality and still hold Vietnamese nationality according to the provisions of Vietnamese law.
Secondly: Having a lawful residence in Vietnam, including a house owned by oneself or a house rented, borrowed or stayed at another person’s house or sponsored by a relative.
What is the procedure to import a household registration certificate for overseas Vietnamese to repatriate?
Procedures for applying for repatriation to Vietnam are carried out in 04 steps as follows:
Step 1: You prepare the application for permanent residence in Vietnam according to Section 5.
Step 2: Submit your application at the Immigration Department of the Provincial Police or the Immigration Department.
Step 3: Receive the results of approval for overseas Vietnamese to return to Vietnam to permanently reside at the agency where you have submitted the application for repatriation.
Step 4: Carry out procedures such as permanent residence registration, local household registration, applying for a Vietnamese citizen identity card and passport.
Apply for a Citizenship ID
Currently, according to Vietnamese law, the issuance of a citizen ID instead of the people’s identity card is now carried out, so the committee will carry out the procedures for applying for a citizen identification according to the following provisions:
Viet Kieu is understood as Vietnamese people who have lived abroad for a long time. If this person has not given up his Vietnamese nationality, he is still a Vietnamese citizen. Thus, this person will still be issued with a citizen identification card (According to Article 2 of the Law on Citizenship Identification 2014 stipulating the subjects of application).
Article 22 of the Law on Citizen Identification 2014 stipulates the order and procedures for issuance of citizen identification cards as follows:
– Fill in the declaration according to the prescribed form;
The person assigned the task of collecting and updating information and documents specified in Clause 2, Article 13 of this Law checks and compares information from the National Population Database to accurately identify the person in need. issue citizen identification cards; in case citizens do not have information in the national population database, they shall present lawful papers on the information to be recorded in the declarations according to the prescribed form.
– Officers of the citizen identification management agency take photos and collect fingerprints of people who come to do the procedures;
An officer of the citizen identification management agency shall issue an appointment letter to return the citizen identification card to the person who comes to carry out the procedures;
– Return the citizen identification card according to the time limit and place specified in the appointment letter as prescribed in Article 26 of this Law; In case the citizen requests to return the card at another location, the citizen identification management agency will return the card at the location requested by the citizen and the citizen must pay the delivery service fee.
Citizens can choose one of the following places to carry out procedures for granting, changing or re-granting their citizen identification cards:
At the citizen identification management agency of the Ministry of Public Security;
At the citizen identification management agency of the Public Security of the province or city under central authority;
At the citizen identification management agency of the police station of the district, town, provincial city and equivalent administrative unit;
Competent citizen identification management agencies shall organize procedures for issuance of citizen identification cards at communes, wards, townships, agencies, units or at citizens’ places of residence in case of necessity. “
(According to Article 26, Article 22 of the Law on Citizen Identification 2014)
Dossier for permanent residence registration includes:
In case a citizen registers his/her permanent residence in a lawful residence under his/her ownership:
Declaration of change of residence information (Form CT01 issued together with Circular No. 56/2021/TT-BCA);
Papers and documents proving the ownership of lawful accommodation.
Registration of permanent residence at lawful accommodation not under their ownership:
– Other cases of permanent residence registration in lawful accommodation by renting, borrowing or staying over, the dossier includes: Declaration of change of residence information (Form CT01 issued together with Circular No. 56/2021/TT-BCA), clearly stating the consent for permanent residence registration of the householder, the owner of the legal residence the law is leased, lent, allowed to stay or authorized person, unless otherwise agreed in writing;
Contracts for lease, lending, accommodation or documents on legal accommodation lending or accommodation that have been notarized or authenticated in accordance with law;
Papers and documents proving enough housing area for permanent residence registration as prescribed.
The order of execution
Step 1: Individuals and organizations prepare documents according to the provisions of law.
Step 2: Individuals and organizations submit dossiers at the commune-level police station.
Step 3: When receiving the application for permanent residence, the residence registration agency checks the legality and content of the application:
In case the application is complete and valid, the application will be received and issued a receipt of the application and an appointment to return the results (form CT04 issued together with Circular No. 56/2021/TT-BCA) to the registrant. ;
In case the dossier is eligible but not enough, the application will be supplemented and completed and issued with the Instruction sheet for supplementing and completing the dossier (form CT05 issued together with Circular No. 56/2021/TT-BCA). ) to the registrant;
In case the application is not eligible, it will be rejected and issued a slip of refusal to receive and handle the application (form CT06 issued together with Circular No. 56/2021/TT-BCA) to the registrant.
Step 4: Individuals and organizations pay the residence registration fee as prescribed.
Step 5: Based on the appointment date on the Application Receipt Form and the appointment to return the results to receive a notification of the result of settlement of residence registration procedures (if any).
Note:
- In case of direct application, the applicant for residence registration may submit a certified copy from the original or a copy issued from the original register (hereinafter referred to as a copy) or a photocopy enclosed with the original—documents for comparison. In case the applicant for residence registration submits a photocopy enclosed with the original of the document, the recipient is responsible for checking and comparing the photocopy with the original and signing for certification. .
- In case of residence registration through the National Public Service Portal, the Public Service Portal of the Ministry of Public Security, the Residency Management Public Service Portal, the applicant for residence registration shall declare information and attach a scanned copy of the information. or copies of necessary documents and papers as prescribed. Citizens are responsible for presenting the originals of the papers and documents provided at the request of the resident registration person.
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Frequently asked questions
Overseas Vietnamese can apply for repatriation at the following 02 agencies:
Immigration management agency of the Police Department of the province or city directly under the Central Government where Viet Kieu have lawful residence.
Immigration Department – Ministry of Public Security.
The permanent residence registration procedure allows Viet Kieu to regain Vietnamese nationality while retaining their current foreign nationality, meaning that Viet Kieu will have dual citizenship. Therefore, overseas Vietnamese enjoy the following benefits:
Own, name and buy and sell real estate (house, land…) in Vietnam.
Investment, establishing a company in a favorable way, without market restrictions, applies to foreign investors.
Convenient in entry and exit because there is no need to apply for a visa or a permanent or temporary residence card.
Other economic, political and social benefits and privileges of both countries of which Viet Kieu are citizens.
Conclusion: So the above is Procedures to import household registration for Overseas Vietnamese. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
