Nowadays, many Vietnamese reside abroad. These persons might still have a connection to Vietnam or they might not. To make their activities in Vietnam’s territory more convenient, many want to apply for citizen identification cards when they return to Vietnam. In this article, LSX legal firm would like to guide you with: “Procedures for making an ID card for overseas Vietnamese”
Legal grounds
- Law on Citizen Identification 2014
- Law on Vietnamese Nationality 2008
Overseas Vietnamese
Vietnamese people who live abroad are referred to as overseas Vietnamese. They may simultaneously be citizens of both Vietnam and the country they are residing.
Under the Law on Vietnamese Nationality 2014:
- “Overseas Vietnamese” means Vietnamese citizens and persons of Vietnamese origin who permanently reside in foreign countries.
- “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.
Identification of citizen
Article 3 of the Law on Citizen Identification 2008 defines Citizen Identification as:
“Citizen identification means basic information about the origin and identity of a citizen in accordance with this Law.”
In particular:
- A citizen’s identity card is a personal paper of a Vietnamese citizen that proves the citizen identification of the card holder for conducting transactions in the Vietnamese territory.
- Citizen’s identity cards shall be used instead of passports in case Vietnam and a foreign country have signed a treaty or international agreement permitting citizens of the signatories to use citizen’s identity cards instead of passports in each other’s territory
- Competent agencies, organizations, and individuals may request a citizen to produce his/her citizen’s identity cards for checking identification and information specified in Article 18 of this Law; use personal identification numbers in citizen’s identity cards for checking information about the cardholders in the national population database and specialized databases in accordance with the law.
- When a citizen produces his/her citizen’s identity card at the request of a competent agency, organization, or individual, this agency, organization, or individual may not request the citizen to produce another paper to prove the information specified in Clauses 1 and 3 of this Article.
- The State shall protect the legitimate rights and interests of holders of citizens’ identity cards in accordance with the law.
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 citizenship, 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.
Dossier of application for restoration of Vietnamese nationality
A dossier of application for restoration of Vietnamese nationality shall include:
- Firstly, an application for restoration of Vietnamese nationality.
- Secondly, a copy of the birth certificate, passport, or other valid substitute papers.
- Thirdly, a curriculum vitae.
- Fourthly, a judicial record, issued by a competent Vietnamese authority for the period the applicant resides in Vietnam, or a judicial record, issued by a competent foreign authority for the period the applicant resides in the foreign country. Judicial records must be issued within 90 days before the day of submission of the dossier.
- Fifthly, papers proving that the applicant is a former Vietnamese national.
- Lastly, papers proving the eligibility for restoration of Vietnamese nationality prescribed in Clause 1, Article 23 of the Law on Vietnamese Nationality.
Grounds for identification of persons having Vietnamese nationality
A person is determined to have Vietnamese nationality on one of the following grounds:
- By birth, as prescribed in Articles 15, 16, and 17 of the Law on Vietnamese Nationality 2008.
- Having been naturalized in Vietnam.
- Having Vietnamese nationality restored.
- On the grounds defined in Articles 18, 35, and 37 of the Law on Vietnamese Nationality 2008.
- On the grounds defined in treaties to which the Socialist Republic of Vietnam is a contracting party.
Procedures for grant of citizen’s identity cards according to the Law on Citizen Identification 2014
Article 22. Order and procedures for grant of citizen’s identity cards
The order and procedures for grant of a citizen’s identity card are provided as follows:
a/ An applicant for a citizen’s identity card fills in a declaration made according to a set form;
b/ A person assigned to collect and update information and documents specified in Clause 2, Article 13 of this Law checks and compares them with information in the national population database in order to accurately identify the to-be-holder of a citizen’s identity card; a citizen who has no information in the national population database shall produce lawful papers proving information to be written in the declaration according to a set form.
Persons serving in the People’s Army or People’s Public Security shall produce their identity cards granted by the People’s Army or People’s Public Security, enclosed with introduction letters of heads of their units;
c/ An officer of the citizen identification management agency shall take photos and fingerprints of the applicant;
d/ An officer of the citizen identification management agency shall issue a receipt stating the date of handover of the citizen’s identity card to the applicant;
dd/ Citizen’s identity cards shall be handed to citizens within the time limit and at the place stated in the receipt under Article 26 of this Law; in case a citizen wishes to receive his/ her card at another place, the citizen identification management agency shall hand the card to him/her at the place requested by the citizen who shall pay mail charges.
For a person who suffers from any mental or other diseases which deprive him/her of the ability to perceive and control his/her acts, his/her lawful representative shall appear together with him/her to carry out the procedures specified in Clause 1 of this Article.
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.
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This article contains information about “Procedures for making an ID card for overseas Vietnamese” In recent years, we have supplied effective legal advice to businesses and individuals at reasonable prices and with efficient results. We always update and keep our operations and services in line with the law by adhering to legal principles. If you need any further information from the firm’s solicitors, please contact LSX Law firm: +84846175333 or Email: [email protected]
See more
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Frequently asked questions
A specialized agency of the People’s Public Security performs the management of citizen identification, the national population database, and the citizen identification database.
A personal identification number shall be used for the connection, update, sharing, and exploitation of citizen’s information in the national population database and specialized databases.
Under Vietnamese law, each Vietnamese citizen shall be granted with one number which is not identical to another’s number.
Conclusion: So the above is Procedures for making an ID card 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
