INTER-MINISTERIAL CIRCULAR No.11/TTLB/BKH-NG OF DECEMBER 31, 1996 GUIDING THE PROCEDURES FOR CERTIFYING THE VIETNAMESE ORIGIN AND LEGAL RECORD OF OVERSEAS VIETNAMESE WHO INVEST IN VIETNAM UNDER THE LAW ON PROMOTION OF DOMESTIC INVESTMENT

In order to create conditions for overseas Vietnamese to fill in the procedure for certifying their Vietnamese origin and legal record so as to invest in Vietnam under the Law on Promotion of Domestic Investment already stipulated in Decree No. 29-CP of May 12, 1995 of the Government detailing the implementation of the Law on Promotion of Domestic Investment, the Ministry of Planning and Investment and the Ministry of Foreign Affairs jointly provide the following guidance:

Article 1.- Certifying the Vietnamese origin:

1.1. The overseas Vietnamese stated in Article 2 of Decree No. 29-CP of May 12, 1995 shall include the persons bearing Vietnamese nationality and residing in foreign countries and the persons of Vietnamese origin and bearing the nationalities of other countries.

The persons who still carry valid Vietnamese passports shall not need to have their Vietnamese origin certified. In cases where the concerned person only has a foreign passport, his/her Vietnamese origin must be certified by one of the following agencies:

a/ The diplomatic representative mission or the consulate of Vietnam based in the foreign country;

b/ The Committee for Overseas Vietnamese;

c/ The competent agency of the foreign country where the person of Vietnamese origin carries its passport.

1.2. The applicants for certification of their Vietnamese origin by one of the Vietnamese agencies defined in Points a and b, Clause 1.1 of this Article must meet the following conditions and complete the following procedure:

a/ Filing an application for certification of Vietnamese origin (form No. 01/NG-LS-UB attached to this Circular);

b/ Producing one such valid document (including those issued before 1975) as the birth certificate, identity card, residence registration book (or the household book), marriage certificate, old passport, etc. evidencing that they now bear or used to bear the Vietnamese nationality or that their father or mother now bears or used to bear the Vietnamese nationality;

c/ Carrying a valid foreign passport.

Article 2.- Certifying the legal history:

The overseas Vietnamese (including those having Vietnamese passports and those having foreign passports) who wish to invest in Vietnam under the Law on Promotion of Domestic Investment must have:

a/ The certification by a competent agency in the foreign country where they reside that when living in that country they are not examined for penal liability, that though they were convicted their criminal record was already cleared and currently they are not forbidden to do business according to the ruling of a foreign court;

b/ A written commitment that when living in Vietnam (including the time before they left the country to reside abroad and during their short-term stays in Vietnam) they are not examined for penal liability, that though they were convicted their criminal record was already wiped out and currently they are not forbidden to do business according to the ruling of a Vietnamese court;

Article 3.- The documents certifying their Vietnamese origin and legal record, issued or certified by foreign countries as stated in Point c, Clause 1.1, Article 1 and Point a, Article 2 of this Circular must be legalized by a competent agency as prescribed by Vietnamese law. Such documents must be translated into Vietnamese and the translation must be certified by a competent agency prescribed by Vietnamese regulation.

Article 4.- Within 10 working days from the date of receipt of the valid dossier, the competent agencies as prescribed by Vietnamese law shall have to grant the certificate of Vietnamese origin (forms No.02/NG-LS-UB and No.03/NG-LS-UB attached to this Circular) or must legalize the documents certifying the Vietnamese origin and legal record, issued or certified by foreign countries.

Article 5.- This Circular takes effect from the date of its signing and replaces the provisions concerning the certification of Vietnamese origin and legal record in Circular No.02-BKH/DN of January 30, 1996 of the Ministry of Planning and Investment guiding the implementation of Decree No.29-CP of May 12, 1995 on the procedure for direct investment in Vietnam by overseas Vietnamese and by foreign residents in Vietnam.

For the Minister of Foreign Affairs

Vice Minister

For the Minister of Planning and Investment

Vice Minister