What is the procedure to import a household registration certificate for overseas Vietnamese to repatriate?

“Hello Lawyer, I am currently living in Australia for 7 years after this covid epidemic. I want to return to my hometown to live, but I don’t know how to import household registration to Vietnam. Can you help me with the household registration procedure for overseas Vietnamese to repatriate? I hope the lawyer will reply to me soon. Thank you!.”. Thanks for your question. To better understand this, today, LSX Lawfirm will give an article about “What is the procedure to import a household registration certificate for overseas Vietnamese to repatriate?“, as follows:

Legal grounds

• Residence Law 2020 No. 68/2020/QH14 promulgated by the National Assembly
• Circular No. 35/2014/TT-BCA
• Law on citizen identification 2014 was promulgated on November 20, 2014

What is the repatriation of overseas Vietnamese?

Repatriation is the fact that a Vietnamese citizen who has settled and naturalized in a foreign country now wishes to return to Vietnamese nationality to continue living and working in Vietnam or to be able to enjoy financial benefits. property, conduct business and investment activities in Vietnam.

In order to return to Vietnamese nationality, Vietnamese citizens residing abroad need to carry out repatriation procedures and meet the conditions prescribed by Vietnamese law.

In particular, the repatriation procedure allows Viet Kieu to regain Vietnamese nationality while retaining their current foreign nationality. That means the person carrying out the repatriation procedure will have dual citizenship and enjoy all the economic, political, and social welfare incentives and benefits of both countries in which they are nationals. . Therefore, the repatriation procedure is also known as the dual citizenship application procedure.

Procedures for applying for repatriation to Vietnam

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.

Then ♦ Step 2: Submit the application to the Immigration Department of the Provincial Police or the Immigration Department.

♦ Step 3: Receive the results of settlement 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 registering for permanent residence, and applying for a citizen ID card and a Vietnamese passport.

Procedures to import household registration for overseas Vietnamese to repatriate

=> So in order to carry out the registration procedures for repatriating overseas Vietnamese, we need to register for permanent residence and apply for a citizen ID and a Vietnamese passport.

Legal regulations on permanent residence registration with foreign elements

Pursuant to Article 9 of the Residence Law 2020, the conditions for permanent residence registration with foreign elements are as follows:

Foreigners who are granted Vietnamese nationality when registering for the first time for permanent residence must obtain a decision from the State President on granting Vietnamese nationality.
If an overseas Vietnamese enters Vietnam with a Vietnamese passport, the application for permanent residence registration must contain the Vietnamese passport that he or she used to enter Vietnam for the last time.
Overseas Vietnamese who use a passport or a replacement passport issued by a foreign country to enter Vietnam must have papers and documents proving their Vietnamese nationality in the application for permanent residence registration. provisions of Vietnamese law on nationality and written consent for permanent residence by immigration management agencies are specified in Article 12 of this Circular.

Dossier for registration of permanent residence

Pursuant to Article 6 of Circular No. 35/2014/TT-BCA dated September 9, 2014, of the Ministry of Public Security detailing the implementation of a number of articles of the Law on Residence and Decree No. 31/2014/ND-CP dated 18/4/2014 of the Government detailing a number of articles and measures to implement the Law on Residence shall:

Dossier for permanent residence registration includes:

• Demographic declaration;
• Notice of change of household registration or household registration;
• A valid Vietnamese passport or another valid replacement passport with a valid stamp of the immigration control force at the border gate;
• Papers and documents proving lawful residence specified in Article 6 of Decree No. 31/2014/ND-CP dated April 18, 2014, of the Government detailing a number of articles and measures to implement the Law on Residence.

In case the legal accommodation is rented, borrowed, or stayed over, the lessor, lending or staying-at-home person must agree to register permanent residence in his/her residence and record it on the notice of change of household registration or demographics. , Sign, write full name; In case the lessor, lessor, or lessor has given his/her written consent for permanent residence registration, he/she is not required to write in the notice of change of household registration or demographics.

And

For lawful accommodation rented, borrowed, or stayed in a centrally run city, it must certified by the commune-level People’s Committee that the average area guaranteed according to regulations of the People’s Council of the city. under the central.

In addition to the above documents, if Vietnamese citizens residing abroad register their permanent residence in places, such as centrally-run cities, Hanoi capital, religious establishments for religious activities must submit additional copies of documents. take and present the originals for comparison of papers and documents proving eligibility for permanent residence registration in those places, specifically:

• Firstly, If you register for permanent residence in a centrally-run city, you must have documents proving that you fall into one of the cases specified in Article 20 of the Law on Residence;
• Secondly, If you register for permanent residence at a religious establishment to conduct religious activities, you must have papers proving that you are a religious dignitary or a monk; written consent of the head of the religious establishment; The document of the competent Vietnamese authority on religion approving the return to Vietnam for religious activities.

Regulations on issuance of citizenship certificates to overseas Vietnamese

According to the Law on Nationality, a person with Vietnamese nationality is a Vietnamese citizen. Therefore, overseas Vietnamese granted a Vietnamese citizen ID if they hold Vietnamese nationality (Vietnamese people residing abroad).

At the same time, you must meet the age requirements of 14 years or older to granted a citizen ID card.

Article 22 of the Law on Citizenship Identity 2014 stipulates the order and procedures for the 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 recorded in the declarations according to the prescribed form.

In addition

• Firstly, Officers of the citizen identification management agency take photos and collect fingerprints of people who come to do the procedures;
• Secondly, 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.

According to Article 26, Article 22 of the 2014 Law on Citizenship, Citizens can choose one of the following places to carry out the procedures for granting, changing, or re-granting a citizen ID card.

1. Firstly, At the citizen identification management agency of the Ministry of Public Security;
2. Secondly, At the citizen identification management agency of the police station of the province or city under central authority;
3. Thirdly, At the citizen identification management agency of the district, district, town, provincial city, and equivalent administrative units;
4. Finally, Competent citizen identification management agencies shall organize procedures for the issuance of citizen identification cards at communes, wards, townships, agencies, units, or at citizens’ places of residence in case of necessity.

Citizens’ right to reside

• Firstly, To select and decide on his/her place of residence and register his/her residence in accordance with this Law and other relevant laws.
• Secondly, To kept confidential personal information, and information about households in the database on a residence, except for the case provided as prescribed by law.
  To exploit information about their residence in the National Database on Population; information about residence confirmed by a registration agency residing in the country regardless of his/her place of residence upon request.
• Thirdly, To updated and adjusted by the residence registry office in the residence database when there is a change or upon request.
  To be provided with information and documents related to the exercise of their right to freedom of residence upon request.
• Finally, To taken by a competent state agency to take measures to protect the right to freedom of residence.
• Complaints, denunciations, and lawsuits against acts of violating the law on residence as prescribed by law.

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