Socialist Republic of Vietnam

http://www.nhandan.org.vn/english/legal/20000201.html

Following the Law on Organisation of the Government of September 30 1992, and the Law on Vietnamese Nationality of May 20 1998; with a view encouraging overseas Vietnamese to maintain close contact with their native land and actively contribute to the cause of national construction, the prime minister has issued the following decision.

ARTICLE I:

1. Vietnamese citizens residing overseas and holding valid Vietnamese passports shall not need require entry or exit visas.

2. Vietnamese citizens residing overseas holding valid Vietnamese passports who return to Vietnam for definite periods of time shall follow the procedures for their temporary residence in Vietnam according to the provisions of Vietnamese law like Vietnamese citizens residing in the country.

Vietnamese citizens residing overseas, who are relatives or private servants of foreigners working in foreign diplomatic missions or consular offices, or representative offices of international organisations in Vietnam and wish to go with or visit the latter, shall follow the procedures for their temporary residence according to the guidance of the Ministry for Foreign Affairs.

ARTICLE II:

1. When returning to Vietnam, Vietnamese citizens residing overseas with Vietnamese passports and people of Vietnamese origin with foreign passports, who have contributed to the cause of national liberation and construction (with certification from the Vietnamese representatives in the concerned foreign countries or the Committee for Overseas Vietnamese), shall be exempt from visa fees, and enjoy the same service charges and ticket prices as Vietnamese people residing in the country.

2. Ministries, central branch-managing agencies and People's Committees of provinces and centrally-run cities must periodically notify the Ministry for Foreign Affairs of the list of people of Vietnamese origin holding foreign passports as defined in Clause 1 of this Article.

ARTICLE III:

1. Vietnamese diplomatic missions and/or consular offices in foreign countries must grant passports to Vietnamese residing in those countries who still quality for Vietnamese nationality according to the provisions of law, when the latter apply therefore.

2. Vietnamese citizens in foreign countries, who do not have valid passports and who apply for passports and make affidavits of reason(s) for having no passports or their passports' invalidity, shall be considered and granted passports by Vietnamese diplomatic missions or consular offices in such countries, after such missions or offices coordinate with agencies at home in verifying the status of the applicants, ensuring that the passports are granted to the right subjects and in compliance with provisions of law.

3. For Vietnamese who have resided in foreign countries for a long time and whose personal status in their native land cannot be verified, the Vietnamese diplomatic missions or consular offices in those foreign countries shall base their judgements on the personal papers granted to such persons by those countries' authorities and at the same time refer to the papers of the Vietnamese communities in the areas where such persons live certifying that the holders still have Vietnamese nationality, thereby considering and granting them passports, after consulting the relevant agencies at home.

ARTICLE IV:

1. Any overseas Vietnamese who is an intellectual, a specialist or a skilled worker, who returns to Vietnam to work for one year or more at the invitation of a Vietnamese State agency, with certification from the agency, shall be entitled to temporarily import one 4-seat car as well as personal equipment and effects necessary for his/her work and daily life. Upon the expiry of his/her working duration, the temporarily imported car, facilities and equipment must be re-exported. If such articles are transferred, they shall be taxed (including import tax). In cases where such articles are entrusted to the care of others in the country for use in his/her subsequent working period, he/she must obtain the concerned Vietnamese State agency's written consent. The above-said temporary import, re-export and transfer must comply with the provisions of Vietnamese law.

2. Overseas Vietnamese who have made great contributions to the cause of Vietnam's educational and scientific development shall be commended, rewarded and/or conferred honorable academic titles according to the provisions of Vietnamese law.

ARTICLE V:

To assign the ministers, the heads of the ministerial-level agencies and the heads of the agencies attached to the government, to coordinate with the Ministry for Foreign Affairs and its agencies in studying and proposing policies towards overseas Vietnamese, in the spirit of encouraging them to maintain close contacts with their homeland and actively contribute to the cause of national reconstruction.

For the immediate future, in the first quarter of the year 2000.

1. The Ministry of Construction shall assume prime responsibility and coordinate with the Ministry of Justice, the Ministry for Foreign Affairs and other agencies in studying and proposing the policy on residential houses of overseas Vietnamese to the gorvernment.

2. The Ministry of Culture and Information shall assume prime responsibility and coordinate with the Ministry for Foreign Affairs in maintaining Vietnamese traditional culture in foreign countries, firstly in regions where reside large Vietnamese communities reside.

3. The Government Pricing Committee shall assume prime responsibility and coordinate with the Ministry of Finance, the Ministry of Culture and Information, the Ministry for Foreign Affairs, the General Department of Post and Telecommunications, the Civil Aviation Administration of Vietnam and the other concerned agencies in studying and proposing subsidies for the costs of transport of films, publications, cultural products and educational documents to Vietnamese communities overseas and airfares for domestic art troupes recommended by the Ministry of Culture and Information or the Ministry of Foreign Affairs.

4. The Ministry of Education and Training shall assume prime responsibility and coordinate with the Ministry for Foreign Affairs and concerned agencies in studying ways of teaching the Vietnamese language to overseas Vietnamese community, in strict compliance with the laws of the countries where the overseas Vietnamese reside.

5. The Voice of Vietnam and the Vietnam Television shall assume prime responsibility and coordinate with the Ministry for Foreign Affairs and the concerned agencies in considering the establishment of egreements with the concerned organisations of foreign countries to broadcast Vietnamese radio and television programmes overseas in service of Vietnamese communities.

6. The Ministry for Foreign Affairs shall assume prime responsibility and coordinate with the concerned agencies in devising measures to promote information and education about Vietnam on the Internet, and the distribution of publications, cultural products and propaganda documents in service of the overseas Vietnamese communities.

ARTICLEVI: This Decision takes effect 15 days after its signing. All the previous stipulations which are contrary to this Decision are now annulled.

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 centrally-run cities must implement this Decision. (Vietnam Law & Legal Forum/VNA)