Conditions of repatriation and exit for overseas Vietnamese

Question (A Vietnamese American living in California, San Francisco): I intend to repatriate to Việt Nam and settle in Hồ Chí Minh City. What are the conditions and procedures for repatriation? If I am allowed to repatriate, may I go abroad to visit my relatives? 

Answer (Lawyer NH Quang’s Office, B23 Trung Hòa–Nhân Chính Villa Complex, Thanh Xuân District, Hà Nội):

Illustration photo

Under Article 2, Decision 875/TTg dated on November 21, 1996 of the Prime Minister, if overseas Vietnamese want to repatriate to the fatherland, they have to meet the following criteria:

(1) Having Vietnamese citizenship and holding a Vietnamese passport; if the applicant has Vietnamese citizenship while holding a foreign passport, he/she must have a certificate of citizenship registered at a representative agency of the Socialist Republic of Việt Nam abroad;

(2) Having a positive political attitude; neither joining nor supporting anti-Việt Nam organizations, not committing any act against the Vietnamese Government and the Vietnamese community abroad;

(3) Being able to ensure his/her post-repatriation living in Việt Nam;

(4) Having a competent agency or a relative as a guarantee.

2. Repatriation proceedings

Under Article 4, Decision 875/TTg, Section II, Joint Circular 06/TT-LT, Point 2 Joint Circular 04/TTLT-BCA-BNG, the applicant must prepare two dossiers of application for repatriation, each of them comprises of:

(1) an application form issued by the Ministry of Home Affairs and papers presenting his/her reasons and purposes of repatriation;

(2) a copy of passport or other valid papers proving his/her Vietnamese citizenship and  overseas permanent residence permit, precisely:

-    For the applicants who carry the Vietnamese passport or valid papers substituting for the passport: (1) Copies of the mentioned papers; (2) Copy of his/her permanent residence permit issued by overseas authorities.

-   For the applicants who carry foreign passports or valid papers substituting for the passport: (1) Copies of the mentioned papers; (2) Copy of the confirmation of citizenship registration issued by a representative agency of the Socialist Republic of Việt Nam abroad or copy of the Vietnamese citizenship certificate issued by provincial-level People’s Committees or by a representative agency of the Socialist Republic of Việt Nam abroad

-     For applicants who do not carry any passport or valid paper substituting for the passport: (1) Copy of his/her permanent residence permit issued by overseas authorities;  (2) Copy of the confirmation of citizenship registration issued by a representative agency of the Socialist Republic of Việt Nam abroad or copy of the Vietnamese citizenship certificate issued by provincial-level People’s Committees or by a representative agency of the Socialist Republic of Việt Nam abroad

(3) 03 latest passport photos; two of which are pasted on the application form; the remaining photo must have the applicant’s full name in the back and is used for the purpose of passport issuance (if he/she is allowed to repatriate)

(4) other documents for repatriation, specifically:

- In case, the applicant has a relative as a guarantee, enclosed documents comprise of:

• Guarantee letter form provided by the relative
• Valid papers proving the relations of the guarantee to the applicant. The document must be authenticated by the People’s Committees of the wards or communes where the guarantee resides.
• Documents proving that the applicant can support his/her post-repatriation living in Việt Nam.

- In case, the applicant has a competent agency in Việt Nam as a guarantee, he/she must present a guarantee letter signed and stamped by the highest authority of the agency. 

The dossiers of application for repatriation can be submitted to two offices:

a) Overseas: A diplomatic mission, a consular office or another representative agency of Việt Nam which is authorized to issue Vietnamese visas

b) The Immigration Department or the provincial-level Police Services.