Laws of Vietnam

DECISION No.875-TTg OF NOVEMBER 21, 1996 OF THE PRIME MINISTER ON THE REPATRIATION OF VIETNAMESE RESIDING ABROAD TO VIETNAM

THE PRIME MINISTER

DECIDES:

Article 1.- Vietnamese citizens residing abroad who apply for repatriation to Vietnam (hereafter referred to as applicants for repatriation) and meet all the conditions defined in Article 2 of this Decision shall be considered for repatriation.

Article 2.- A person who is allowed to repatriate must meet the following requirements:

1. Having Vietnamese citizenship and holding a Vietnamese passport; if he/she has Vietnamese citizenship but holds a foreign passport, he/she must have a certificate of citizenship registration at a representative office of the Socialist Republic of Vietnam abroad;

2. Having a positive political attitude: currently neither joining nor supporting anti-Vietnam organizations, not committing any acts against the Vietnamese Government and the Vietnamese community abroad;

3. Being able to ensure his/her post-repatriation living in Vietnam;

4. Being guaranteed by a relative in Vietnam or one of the following Vietnamese agencies:

a) Ministerial agencies, ministerial-level agencies, the agencies attached to the Government or the People’s Committees of the provinces and cities directly under the Central Government, which shall stand guarantee for the applicants with capabilities to take part in national construction such as having investment capital, agreeing to use their high educational standard and professional skills at an establishment of a branch or a locality in Vietnam;

b) The relative who is full eighteen years of age or older and has a certificate of permanent residence in Vietnam (parent, spouse, offspring, sibling or a member of the family line) shall stand guarantee for applicant who wishes to repatriate for family reunion or for humanitarian purposes by securing his/her living and working places or employment (if the applicant still have working capacity) or providing him/her support (if the applicant is old or is in poor health).

Article 3.- Those persons who meet the requirements defined in Article 2 of this Decision but who themselves do not know exactly or deliberately fail to declare clearly their backgrounds (place of birth, native place, the last place of residence before their departure) and the circumstances which forced them to leave the country and settle abroad, shall not be considered for repatriation.

Article 4.-

1. A dossier of application for repatriation comprises:

a) An application (according to the model form issued by the Ministry of the Interior).

b) Papers evidencing the reasons and purposes of repatriation and satisfying the repatriation requirements as defined in Article 2 of this Decision.

2. The dossier of application for repatriation can be filed at any of the two following places:

a) Overseas: A diplomatic mission, a consular office or another representative office of Vietnam which is authorized to issue Vietnamese visas (hereafter referred to as Vietnamese representative office abroad).

b) In Vietnam: The Ministry of the Interior (the Entries and Exits Management Department) or the Security Office of the province or city directly under the Central Government, at a place most convenient for the applicant.

Article 5.-

1. The Representative Office of Vietnam abroad shall have to:

- Guide the procedures and receive the dossier submitted by the repatriation applicant; within 15 days after receiving the valid dossiers, it shall send the dossier together with its comments and suggestions to the Ministry of the Interior (the Entries and Exits Management Department).

- Within 10 days after receiving information from the Ministry of the Interior on the result of the examination of the dossier (either permission for repatriation or reasons for not permitting the repatriation) it shall have to notify the applicant thereof.

2. Within 10 days after receiving the valid dossier, the Security Service of the province or city directly under the Central Government shall have to send the dossier together with its comments and suggestions to the Entries and Exits Management Department.

3. The Ministry of the Interior (the Entries and Exits Management Department), within 60 days after receiving the valid dossier (received in Vietnam or sent by the Representative Office of Vietnam abroad), shall have to complete the examination of the dossier and inform the Ministry for Foreign Affairs (the Committee for Overseas Vietnamese) and the Representative Office of Vietnam abroad or relatives of the applicant (if the dossier is filed in Vietnam) of the result (permission for repatriation or reasons for not permitting the repatriation).

Article 6.- Basing itself on the notification of the permission of the Ministry of the Interior for the repatriation, the Representative Office of Vietnam abroad shall issue a repatriation laissez-passer to the applicant for their entry into Vietnam. Each repatriation laissez-passer shall be valid for 12 months from the date of its issuance and shall not be extended.

The Ministry of the Interior shall issue the model form of repatriation laissez-passer.

Article 7.-

1. The applicant shall have to pay the agency receiving the dossier a repatriation fee in accordance with the regulations of the Ministry of Finance.

2. Those who are permitted to repatriate shall be allowed to bring into Vietnam foreign currencies and their belongings in accordance with the provisions of Vietnamese law.

3. The repatriate to Vietnam shall, within 30 days after his/her entry, has to show his/her personal papers to the Security Office of the province or city where they reside in order to fill the procedures for permanent residence registration and the granting of the identity card.

4. The repatriate who has registered his/her permanent residence in Vietnam is entitled to all rights and has to fulfill all obligations of a Vietnamese citizen.

Article 8.- The Ministry of Finance shall stipulate the collection, payment and use of the repatriation fee after consulting with the Ministry of the Interior and the Ministry for Foreign Affairs.

Article 9.- This Decision takes effect from January 1st, 1997 and replaces Decision No.59-TTg of February 4, 1994 of the Prime Minister.

This Decision shall not apply to Vietnamese who have left for abroad but have been refused asylum or expelled by foreign countries.

Article 10.- The Minister of the Interior shall have to guide the implementation of this Decision after consulting with the concerned ministries.

The Ministers, the Heads of the ministerial-level agencies, the Heads of the agencies attached to the Government, the Presidents of the People’s Committees of the provinces and cities directly under the Central Government shall have to implement this Decision.

Prime Minister

VO VAN KIET