|
THE PRESIDENT No. 11/2019/L-CTN |
THE SOCIALIST
REPUBLIC OF VIETNAM Hanoi, December 3, 2019 |
Order
On
the promulgation of law
THE PRESIDENT OF THE SOCIALIST REPUBLIC OF VIETNAM
Pursuant
to Articles 88 and 91 of the Constitution of the Socialist Republic of Vietnam;
Pursuant
to Article 80 of the Law on Promulgation of Legal Documents,
PROMULGATES:
The
Law on Exit and Entry of Vietnamese Citizens,
which
was passed on November 22, 2019, by the XIVth National Assembly of
the Socialist Republic of Vietnam at its 8th session.
President
of the Socialist Republic of Vietnam
NGUYEN
PHU TRONG
|
THE NATIONAL ASSEMBLY |
|
THE SOCIALIST REPUBLIC OF VIETNAM |
|
No. 49/2019/QH14 |
|
|
LAW
On
Exit and Entry of Vietnamese Citizens
Pursuant
to the Constitution of the Socialist Republic of Vietnam;
The
National Assembly promulgates the Law on Exit and Entry of Vietnamese Citizens.
Chapter I
GENERAL PROVISIONS
Article
1.
Scope of regulation
This
Law provides exit and entry of exit and entry of Vietnamese citizens;
responsibilities of the state management agency of immigration and related
agencies, organizations and individuals.
Article
2.
Interpretation of terms
In
this Law, the terms below are construed as follows:
1. Exit
means a Vietnamese citizen’s departure from Vietnam’s territory through a
Vietnamese border gate.
2. Entry
means a Vietnamese citizen’s entry from abroad into Vietnam’s territory
through a Vietnamese border gate.
3. Passport
means a paper under the state ownership issued by a Vietnamese competent agency
to a Vietnamese citizen for use for his/her exit or entry and for proving
his/her citizenship and personal identity.
4. E-passport
means a passport with an embedded electronic chip that contains encrypted
information of its holder and digital signature of its issuer.
5. International
travel document means a document issued by a Vietnamese competent agency to
a Vietnamese citizen for traveling across the border under a treaty between
Vietnam and its bordering country.
6. Immigration
control means inspection, supervision and verification of persons and their
immigration papers in accordance this Law.
7. Exit
postponement means suspension of exit from Vietnam of a Vietnamese citizen
for a specified period of time.
8. National
database on exit and entry of Vietnamese citizens means a collection of
information on Vietnamese citizens concerning their exit and entry activities
which is digitalized, stored, managed and used via information infrastructure.
Article
3.
Exit and entry principles
1.
To comply with the Constitution and law of Vietnam and relevant treaties to
which the Socialist Republic of Vietnam is a contracting party.
2.
To ensure publicity, transparency and convenience for Vietnamese citizens; to
closely and uniformly manage exit and entry of Vietnamese citizens.
3.
To ensure national security and social order and security; to protect lawful
rights and interests of Vietnamese citizens in exit and entry activities.
4.
All violations of the law on exit and entry committed by agencies,
organizations and individuals must be promptly detected and strictly handled in
accordance with law.
Article
4.
Prohibited acts
1.
Intentionally providing untruthful information in order to get immigration
papers issued, renewed or restored or to report on the loss thereof.
2.
Forging or using forged immigration papers for exit, entry, travel or overseas
residence.
3.
Donating, presenting as gifts, buying, selling, borrowing, lending, renting,
leasing, putting in pledge, or taking pledge of, immigration papers;
destroying, erasing or modifying immigration papers.
4.
Illegally using immigration papers, adversely affecting the State’s reputation
or harming the State’s interests.
5.
Taking advantage of exit or entry to infringe upon national security and social
order and security of Vietnam, lawful rights and interests of agencies and
organizations or life, health or lawful rights and interests of individuals.
6.
Illegally leaving or entering the country; organizing, brokering, assisting,
harboring, concealing, or creating conditions for, illegal exit or entry of
others; traveling across the national border without completing the prescribed
procedures.
7.
Obstructing or resisting a person on official duty in the issuance of
immigration papers or control of immigration.
8.
Causing harassments or troubles, asking for additional papers, charges or fees,
prolonging the time limit for completion of exit or entry procedures;
preventing citizens from exercising their rights and performing their
obligations provided in this Law.
9.
Issuing immigration papers ultra vires or to ineligible persons; failing
to prevent violations of the law on exit and entry of Vietnamese citizens
according to competence.
10.
Destroying, falsifying or disclosing information in the national database on
exit and entry of Vietnamese citizens; using information in the national
database on exit and entry of Vietnamese citizens in contravention of law.
11.
Seizing or failing to issue immigration papers, postponing or permitting exit
in contravention of law.
Article
5.
Rights and obligations of Vietnamese citizens
1.
Vietnamese citizens have the following rights:
a/
To be granted immigration papers in accordance with this Law;
b/
Persons aged full 14 years or older may choose to get passports issued with or
without embedded electronic chips;
c/
To make exit and entry in accordance with this Law;
d/
To have their secret personal and family information in the national database
on exit and entry of Vietnamese citizens kept confidential, unless the
provision of such information is required by law;
dd/
To request provision of information about their exit and entry; to request
update or modification of their information in the national database on exit
and entry of Vietnamese citizens or their immigration papers in order to ensure
adequacy and accuracy of such information;
e/
To use their passports to conduct transactions or carry out other procedures in
accordance with law;
g/
To file complaints or denunciations, initiate lawsuits or claim compensations
in accordance with law.
2.
Vietnamese citizens have the following obligations:
a/
To comply with Vietnam’s law on exit and entry of Vietnamese citizens and laws
of host countries when traveling abroad;
b/
To carry out procedures for application for immigration papers, renewal of
passports or restoration of validity of their passports in accordance with this
Law;
c/
To use immigration papers issued by the competent Vietnamese agency for exit or
entry;
d/
To respond to requests of competent agencies or persons for checking of
persons, luggage and immigration papers when exit or entry procedures are being
carried out;
dd/
To pay immigration paper issuance fee as prescribed by law.
3.
Persons who have lost their civil act capacity, persons with difficulties in
perceiving and controlling their acts as specified in the Civil Code, and
persons aged under full 14 years shall, through their at-law representatives,
exercise their rights and perform their obligations in accordance with this
Law.
Chapter
II
IMMIGRATION PAPERS
Article 6. Immigration papers
1. Immigration papers include:
a/
Diplomatic passports;
b/
Official passports;
c/
Ordinary passports;
d/
International travel documents.
2.
Passports with or without embedded electronic chips shall be issued to
Vietnamese citizens aged full 14 years or older. Passports without embedded
electronic chips shall be issued to Vietnamese citizens aged under full 14
years or issued according to summary procedures.
3.
Information on an immigration paper includes a portrait photo; family name,
middle name and first name; date of birth; gender; nationality; immigration
paper code and number; date of issuance, issuing agency; expiry date; personal
identification number or identity card number; and position or title, for
diplomatic and official passports as required by external affairs.
Article
7.
Validity duration of immigration papers
1. A
diplomatic passport or an official passport is valid for between 1 year to 5
years and may be renewed once for no more than 3 years.
2.
The validity duration of ordinary passports is prescribed as follows:
a/
An ordinary passport issued to a person aged full 14 years or older is valid
for 10 years and may not be renewed;
b/
An ordinary passport issued to a person aged under full 14 years is valid for 5
years and may not be renewed;
c/
An ordinary passport issued according to summary procedures is valid for no
more than 12 months and may not be renewed.
3.
International travel documents are valid for no more than 12 months and may not
be renewed.
Chapter III
ISSUANCE OF AND REFUSAL TO ISSUE IMMIGRATION PAPERS
Section 1
ISSUANCE OF DIPLOMATIC PASSPORTS AND OFFICIAL
PASSPORTS
Article
8. Persons
eligible for diplomatic passports
1.
The General Secretary of the Communist Party of Vietnam Central Committee
(below referred to as Party Central Committee), members of the Political Bureau
of the Party Central Committee (below referred to as the Politburo); members of
the Secretariat of the Party Central Committee; members and alternate members
of the Party Central Committee; heads and deputy heads of the Party Central
Committee’s agencies, other agencies established by the Party Central
Committee, Politburo or Secretariat, and the Party Central Committee Office;
members of the Party Central Committee’s Commission for Inspection; secretaries
and deputy secretaries of provincial and municipal Party Committees and of the
Party Committee of the Central Agencies’ Bloc and Central Businesses’ Bloc;
special envoys, assistants to and secretaries of the General Secretary of the
Party Central Committee; and assistants to Politburo members.
2.
The Chairperson and Vice Chairpersons of the National Assembly; heads, deputy
heads and permanent members of National Assembly’s Committees; heads and deputy
heads of the National Assembly Standing Committee’s agencies and National
Assembly Office; the Auditor General and Deputy Auditors General of the State
Audit Office of Vietnam; deputies of the National Assembly; assistants to and
secretaries of the National Assembly Chairperson.
3.
The President and Vice Presidents; the Director and Deputy Directors of the
President Office; special envoys, assistants to and secretaries of the
President.
4.
The Prime Minister and Deputy Prime Ministers; ministers, deputy ministers,
heads and deputy heads of ministerial-level agencies, government-attached
agencies and other agencies established by the Government; general directors of
general departments or the equivalent; in-service officers with ranks of major
general or naval rear-admiral or higher; special envoys, assistants to and
secretaries of the Prime Minister.
5.
Former General Secretaries of the Party Central Committee, former Presidents,
former Chairpersons of the National Assembly, former Prime Ministers, former
Politburo members, former members of the Party Central Committee’s Secretariat,
former Vice Presidents, former Vice Chairpersons of the National Assembly, and
former Deputy Prime Ministers.
6.
The Chief Justice and Deputy Chief Justices of the Supreme People’s Court.
7.
The Procurator General and Deputy Procurators General of the Supreme People’s
Procuracy.
8.
Chairpersons and Vice Chairpersons of provincial-level People’s Councils and
People’s Committees.
9.
The President, Vice Presidents, Secretary General and members of the Standing
Body of the Vietnam Fatherland Front Central Committee.
10.
The Presidents and Vice Presidents of the Vietnam General Confederation of
Labor, Vietnam Peasants’ Union, Vietnam Women’s Union and Vietnam War Veterans
Association; the First Secretary and Permanent Secretary of the Ho Chi Minh
Communist Youth Union Central Committee.
11.
Persons who are currently working in the diplomatic sector and have been
conferred diplomatic titles or who are holding the position of attache or
higher positions at overseas Vietnamese diplomatic missions and
permanent missions of inter-governmental international organizations, or
overseas Vietnamese consular offices.
12.
Diplomatic couriers, consular couriers.
13.
Spouses of the General Secretary of the Party Central Committee, President,
Chairperson of the National Assembly, Prime Minister, Politburo members,
members of the Party Central Committee’s Secretariat, Vice Presidents, Vice
Chairpersons of the National Assembly and Deputy Prime Ministers who accompany
the latter during their working trips.
14.
Spouses and under-18 children of the persons specified in Clause 11 of this
Article who accompany or pay visits to the latter during their term of office.
15.
In case of necessity, based on foreign relation or state protocol requirements
or characteristics of working trips, the Minister of Foreign Affairs shall,
under the direction of the Prime Minister, issue diplomatic passports, or, at
the proposal of the competent agencies and persons specified in Article 11 of
this Law, consider the issuance of diplomatic passports, to persons not
specified in this Article.
Article
9.
Persons eligible for official passports
1.
Cadres and civil servants specified by the law on cadres and civil servants.
2.
Public employees of public non-business units, including:
a/
Heads and deputy heads of public non-business units; heads and deputy heads of
organizations of public non-business units under the Politburo, Party Central
Committee’s Secretariat, National Assembly Standing Committee and Government;
b/
Heads and deputy heads of public non-business units; heads and deputy heads of
organizations of public non-business units under commissions and equivalent
agencies of the Party Central Committee, President Office, National Assembly
Office, State Audit Office of Vietnam, Supreme People’s Court, Supreme People’s
Procuracy, ministries, ministerial-level agencies, government-attached
agencies, and other agencies established by the Government or Prime Minister;
the Vietnam Fatherland Front Central Committee and central agencies of
socio-political organizations;
c/
Heads and deputy heads of public non-business units; heads and deputy heads of
organizations of public non-business units under general departments or
directorates, departments and the equivalent under ministries and
ministerial-level agencies; provincial and municipal Party Committees;
provincial-level People’s Committees; provincial-level Vietnam Fatherland Front
Committees and socio-political organizations;
d/
Heads of public non-business units of Party Committees of rural districts and
urban districts, towns or cities under provincial or municipal Party
Committees; specialized agencies of provincial-level and district-level
People’s Committees;
dd/
Holders of working positions associated with state management tasks in public
non-business units assigned to perform state management tasks.
3.
Officers and professional military personnel in the People’s Army and People’s
Public Security forces; persons engaged in cipher work in cipher organizations.
4.
Stuffs of overseas Vietnamese representative missions; overseas correspondents
of Vietnamese press and news agencies.
5.
Spouses and under-18 children of the persons specified in Clause 4 of this
Article who accompany or pay visits to the latter during their term of office.
6.
When necessary, based on requirements and characteristics of working trips, the
Minister of Foreign Affairs shall, under the direction of the Prime Minister,
issue official passports, or, at the proposal of the competent agencies and
persons specified in Article 11 of this Law, consider the issuance of official
passports to persons not specified in this Article.
Article
10.
Conditions for issuance of diplomatic passports or official passports
A
Vietnamese citizen may be issued a diplomatic passport or an official passport
if satisfying the following requirements:
a/
Being the person specified in Article 8 or 9 of this Law;
b/
Having been assigned or permitted by a competent agency or person specified in
Article 11 of this Law to go abroad on a working trip.
Article
11.
Agencies and persons competent to permit and decide on assignment of persons
who are eligible for diplomatic passports or official passports
1.
The Politburo; Secretariat; Commissions, Departments and agencies of the
Party Central Committee; other agencies established by the Party Central
Committee, and Politburo and Secretariat of the Party Central Committee; the
Office of the Party Central Committee; provincial and municipal Party Committees.
2.
The National Assembly Standing Committee; the Ethnic Council and Committees of
the National Assembly; agencies of the National Assembly Standing Committee;
the Director of the National Assembly Office; the Auditor General of the State
Audit Office of Vietnam.
3.
The Prime Minister; ministers, heads of ministerial-level agencies, and heads
of government-attached agencies and other agencies established by the
Government or Prime Minister.
4.
The Director of the President Office.
5.
The Chief Justice of the Supreme People’s Court.
6.
The Procurator General of the Supreme People’s Procuracy.
7.
Standing bodies of provincial-level People’s Councils, chairpersons of
provincial-level People’s Committees.
8.
The Vietnam Fatherland Front Central Committee.
9.
The Vietnam General Confederation of Labor, Vietnam Women’s Union Central
Committee, Ho Chi Minh Communist Youth Union Central Committee, Vietnam
Peasants’ Union Central Committee and Vietnam War Veterans Association Central
Committee.
10.
For staffs managed by the Politburo and Secretariat of the Party Central
Committee, relevant regulations shall be applied.
11.
Ministers, heads of ministerial-level agencies, heads of government-attached
agencies and other agencies established by the Government or Prime Minister,
and chairpersons of provincial-level People’s Committees may authorize heads of
their attached units to send or permit cadres, civil servants and public
employees abroad on working trips and also send a notice thereof to agencies
competent to issue passports.
Article
12.
Issuance and renewal of diplomatic passports and official passports in the
country
1.
An applicant a for passport or for passport renewal shall submit a declaration
form filled in with sufficient information, 2 portrait photos and relevant
papers specified in Clause 2 of this Article to the Consular Department of the
Ministry of Foreign Affairs or the agency authorized by the Ministry of Foreign
Affairs.
2.
Papers related to passport application or passport renewal application include:
a/
Assignment decision or written permission of a competent agency or person for a
person to go abroad, clearly identifying the person eligible for passport
issuance;
b/
Written approval of the agency or person competent to assign persons to go
abroad, for the persons specified in Clauses 13 and 14, Article 8; and Clause
5, Article 9, of this Law, or decision and written approval of the Ministry of
Foreign Affairs, for the persons specified in Clause 14, Article 8; and Clause
5, Article 9, of this Law;
c/
Latest diplomatic passport or official passport; in case the passport is lost,
a notice thereof of the passport holder-managing agency is required;
d/
Diplomatic passport or official passport that remains valid for less than 12
months, for those applying for passport renewal;
dd/
A copy of people’s identity card, citizen identity card or another personal
identification paper and the original thereof for checking;
e/ A
copy of people’s identity card, citizen identity card or birth certificate, a
duplicate of the birth certificate or the adoption certificate, for under-18
persons specified in Clause 14, Article 8; and Clause 5, Article 9, of this
Law, or and the originals thereof for checking;
g/ A
letter of introduction of the agency or organization of the applicant’s
representative whose personal identification papers are required.
3. A
responsible person shall receive the application, portrait photos and relevant
papers; check information therein with that in the national database on exit
and entry of Vietnamese citizens; take photos and collect fingerprints of
first-time applicants for passports with embedded electronic chips; and issue a
written appointment stating the date of
notification of application processing results.
4.
Within 5 working days after receiving a passport or passport renewal
application, the Consular Department of the Ministry of Foreign Affairs or the
agency authorized by the Ministry of Foreign Affairs shall issue or renew the
passport, issue a diplomatic note for visa application and notify results; in
case of refusal to issue or renew the passport, it shall issue a written reply,
clearly stating the reason.
5. A
person who apply for a diplomatic passport or an official passport or for
renewal of his/her diplomatic passport or official passport in the country
shall pay delivery service charge if wishing to receive his/her passport at a
location other than that specified in Clause 4 of this Article.
Article
13.
Overseas issuance and renewal of diplomatic passports and official passports
overseas
1. A
diplomatic passport or an official passport shall be issued or renewed abroad
for:
a/ A
person whose diplomatic passport or official passport is lost or damaged, runs
out of pages or becomes expired during a working trip abroad;
b/ A
person being a member of an overseas Vietnamese representative mission or being
an overseas correspondent of a Vietnamese press or news agency, provided that
his/her position is changed;
c/ A
person residing abroad and appointed as a member of an overseas Vietnamese
representative mission or an overseas correspondent of a Vietnamese press or
news agency;
d/
Spouse or an under-18 child who is on visit to or accompanies, or an overseas
newborn of, a member of an overseas Vietnamese representative mission or an
overseas correspondent of a Vietnamese press or news agency.
2.
An applicant for a passport or for renewal of his/her passport shall submit a
declaration form filled with sufficient information, 2 portrait photos and
relevant papers specified in Clause 3 of this Article to an overseas Vietnamese
representative mission.
3.
Papers related to overseas issuance or renewal of a diplomatic passport or an
official passport include:
a/
Assignment decision or written permission of a competent agency or person for a
person to go abroad, clearly identifying the person eligible for the passport
issuance or renewal for the persons specified at Points a and d, Clause 1 of
this Article; a copy or duplicate of birth certificate, for overseas newborns;
b/
Document of a competent agency and person on appointment of or change of
working position, for the persons specified at Points b and c, Clause 1 of this
Article;
c/
Diplomatic passport or official passport that remains valid for less than 12
months, for application for passport renewal;
d/
Latest diplomatic passport or official passport; in case the passport is lost,
a notice thereof to an overseas Vietnamese representative mission is required.
4. A
responsible person shall receive the application, portrait photos and relevant
papers; check information therein with that in the national database on exit
and entry of Vietnamese citizens; take photos and collect fingerprints of
first-time applicants for passports with embedded electronic chips; and issue a
written appointment stating the date of notification of application processing
results.
5.
Within 5 working days after receiving the application, an overseas Vietnamese
representative mission shall issue or renew the passport, issue a diplomatic
note for visa application and notify results; in case additional time is needed
for verification or in case of refusal to renew the passport, the mission shall
issue a written reply, clearly stating the reason, and send a notice thereof to
the Consular Department of the Ministry of Foreign Affairs if the mission’s
system is not yet connected with the national database on exit and entry of
Vietnamese citizens.
Section 2
ISSUANCE OF ORDINARY PASSPORTS
Article
14.
Persons eligible for ordinary passports
Vietnamese
citizens, except those specified in Article 21 of this Law, shall be considered
for issuance of ordinary passports.
Article
15.
Issuance of ordinary passports in the country
1. A
passport applicant shall submit a declaration form filled in with sufficient
information, 2 portrait photos and relevant papers specified in Clause 2 of
this Article; produce his/her people’s identity card, citizen identity card or
passport that remains valid.
2.
Papers related to the issuance of an ordinary passport in the country include:
a/ A
copy of birth certificate or duplicate of birth certificate, for under-14
persons;
b/
Latest ordinary passport, for persons who have obtained passports; in case the
passport is lost, a report on passport loss or a notice of receipt of passport
loss report issued by a competent agency specified in Article 28 of this Law is
required;
c/ A
copy of people’s identity card or citizen identity card, for persons whose
personal information changes compared to that in their latest passports;
d/
Certified copies of papers granted by competent Vietnamese agencies proving the
at-law representative of a person who has lost his/her civil act capacity, a
person with difficulties in perceiving and controlling his/her acts specified
in the Civil Code or an under-14 person. For uncertified copies, their
originals are required for checking.
3.
First-time passport application procedures shall be carried out at immigration
office of the provincial-level Department of Public Security of the locality
where the applicant registers his/her permanent residence or temporary
residence; or at the immigration office of the provincial-level Department of
Public Security, which is convenient for the applicant, for those with citizen
identity cards.
4. A
first-time passport applicant may carry out procedures at the Immigration
Department of the Ministry of Public Security if:
a/
There is a hospital’s letter of introduction or request for overseas medical
examination and treatment;
b/
There are grounds for concluding that his/her overseas relative was hit by an
accident, sick or dead;
c/
There is a written request of his/her direct managing agency, for cadres, civil
servants, public employees, officers, non-commissioned officers, professional
military personnel, workers and public employees in the armed forces and
persons working in cipher organizations; or,
d/
For a humanitarian or emergency reason as decided by the head of the
Immigration Department of the Ministry of Public Security.
5.
Passport application procedures from the second time onward shall be carried
out at immigration offices of provincial-level Departments of Public Security
which are convenient for applicants, or the Immigration Department of the
Ministry of Public Security.
6. A
responsible person shall receive a passport application, portrait photos and
relevant papers; check information therein with that in the national database
on exit and entry of Vietnamese citizens; take photos and collect fingerprints
of the first-time applicant for passport with embedded electronic chips; and
issue a written appointment stating the date of notification of application
processing results.
7.
Within 8 working days after receiving a passport application, the immigration
office of the provincial-level Department of Public Security shall notify
processing results to the applicant. Within 5 working days after receiving an
application, the Immigration Department of the Ministry of Public Security
shall notify results to the applicant. For the cases specified in Clause 4 of
this Article, the time limit for processing the application is 3 working days
from the date of application receipt. In case of refusal to issue a passport,
the immigration department shall issue a written reply, clearly stating the
reason.
8. A
passport applicant shall pay delivery service charge if he/she wishes to
receive his/her passport at a location other than that specified in Clause 7 of
this Article.
Article
16. Overseas
issuance of ordinary passports
1. A passport applicant shall submit a
declaration form filled in with sufficient information, 2 portrait photos and
relevant papers specified in Clause 2, Article 15 of this Law and produce
his/her Vietnamese passport or a personal identification paper issued by the
competent Vietnamese agency.
If having no Vietnamese passport or personal
identification paper issued by the competent Vietnamese agency, the passport
applicant may produce a personal identification paper issued by a foreign
competent agency and a paper proving his/her Vietnamese citizenship or a paper
for use as a ground for determining Vietnamese citizenship in accordance with
the law on citizenship.
2.
First-time passport application procedures shall be carried out at a Vietnamese
representative mission of the country where the applicant resides. Passport
application procedures from the second time onward shall be carried out at an
overseas Vietnamese representative mission which is convenient for the
applicant.
3. A
responsible person shall receive an application, portrait photos and relevant
papers; check information therein with that in the national database on exit
and entry of Vietnamese citizens; take photos and collect fingerprints of the
first-time applicant for passport with embedded electronic chip; and issue a
written appointment stating the date of notification of request processing
results.
4.
Within 5 working days after receiving a first-time passport application or 3
working days after receiving an application for a passport from the second time
onward, if having sufficient grounds to issue a passport, an overseas
Vietnamese representative mission receiving the application shall notify
application processing results to the applicant and send a notice thereof to
the Immigration Department of the Ministry of Public Security, and the Consular
Department of the Ministry of Foreign Affairs in case the mission’s system is
not yet connected with the national database on exit and entry of Vietnamese
citizens.
In
case grounds for passport issuance are insufficient or more time is needed for
having grounds for passport issuance, an overseas Vietnamese representative
mission shall issue a written reply, clearly stating the reason.
5.
Extended time for having grounds for passport issuance as specified in Clause 4
of this Article is as follows:
a/
Within 3 working days after receiving an application, an overseas Vietnamese
representative mission shall send a document, made according to a provided
form, to the Consular Department of the Ministry of Foreign Affairs and
Immigration Department of the Ministry of Public Security for verification
according to their competence;
b/
Within 15 days after receiving a document of information exchange, the Consular
Department of the Ministry of Foreign Affairs and Immigration Department of the
Ministry of Public Security shall issue written replies to the overseas
Vietnamese representative mission;
c/
Within 2 working days after receiving replies from the Consular Department of
the Ministry of Foreign Affairs and Immigration Department of the Ministry of
Public Security, the overseas Vietnamese representative mission shall issue a
passport to the applicant; in case of refusal to issue a passport, the overseas
Vietnamese representative mission shall issue a written reply, clearly stating
the reason.
6. A
passport applicant shall pay delivery service charge if he/she wishes to
receive his/her passport at a location other than that specified in Clause 2 of
this Article
Section 3
ISSUANCE OF ORDINARY PASSPORTS ACCORDING TO SUMMARY
PROCEDURES
Article
17.
Persons eligible for ordinary passports issued according to summary procedures
1.
Persons losing their ordinary passports while going abroad and wishing to
return home immediately.
2.
Persons subject to expulsion decisions issued by competent agencies of host
countries and having no passports.
3.
Persons required to return home under treaties or international agreements on
acceptance of repatriating citizens.
4.
Persons eligible for issuance of ordinary passports for national defense and
security reasons.
Article
18.
Issuance of ordinary passports according to summary procedures
1.
Procedures for issuance of an ordinary passport for a definite term to a person
losing his/her passport while going abroad and wishing to return home
immediately are as follows:
a/ A
passport applicant shall submit a report on his/her passport loss, a
declaration form filled in with sufficient information, and 2 portrait photos,
and produces his/her personal identification paper issued by the competent
Vietnamese agency, if any;
b/
Within 2 working days after receiving the application, an overseas Vietnamese
representative mission shall consider and decide to issue a passport and notify
such result to the applicant and concurrently send a notice thereof to the
Immigration Department of the Ministry of Public Security in case the mission’s
system is not yet connected with the national database on exit and entry of
Vietnamese citizens;
c/
In case grounds for passport issuance are insufficient, within 2 working days
after receiving the application, an overseas Vietnamese representative mission
shall send a document, made according to a provided form, to the Immigration
Department of the Ministry of Public Security for verification, and
concurrently notify such in writing to the applicant;
d/
Within 2 working days after receiving a document of information of exchange,
the Immigration Department of the Ministry of Public Security shall issue a
written reply to the overseas Vietnamese representative mission on passport
issuance;
dd/
Within 1 working day after receiving a written reply, the overseas Vietnamese
representative mission shall issue a passport and notify application processing
results to the applicant; in case of refusal to issue a passport, it shall
issue a written reply, clearly stating the reason;
e/
In case a domestic relative fills in an applicant’s declaration form, the
Immigration Department of the Ministry of Public Security shall receive and
examine the application and issue a reply to the relative and concurrently send
a notice thereof to an overseas Vietnamese representative mission within 2
working days after receiving the application. Within 1 working day after
receiving a notice, the overseas Vietnamese representative mission shall
receive photos of the applicant and issue an ordinary passport and notify the
result thereof.
2.
Procedures for issuance of an ordinary passport to a person subject to an
expulsion decision issued by a host country’s competent agency and having no
passport are as follows:
a/
An overseas Vietnamese representative mission shall receive the expulsion
decision issued by the host country’s competent agency enclosed with 2 portrait
photos of the expelled person;
b/
Within 2 working days after receiving the host country’s expulsion decision,
the overseas Vietnamese representative mission shall send information about the
expelled person according to a provided form to the Immigration Department of
the Ministry of Public Security;
c/
Within 15 days after receiving the overseas Vietnamese representative mission’s
request, the Immigration Department of the Ministry of Public Security shall
verify the information and issue a written reply to the mission;
d/
The overseas Vietnamese representative mission shall issue an ordinary passport
with a definite validity duration according to the notice of the Immigration
Department of the Ministry of Public Security.
3.
Procedures for issuance of an ordinary passport to a person required to return
home under a treaty or an international agreement on acceptance of repatriating
citizens are as follows:
a/
The Immigration Department of the Ministry of Public Security shall receive and
handle the request of the foreign side under the treaty or international
agreement on acceptance of repatriating citizens;
b/
In case of accepting the repatriating citizen, the Immigration Department shall
issue an ordinary passport with a definite validity duration of up to 6 months
and hand it over to the foreign side as required by the treaty or international
agreement.
4.
The Immigration Department of the Ministry of Public Security shall issue
ordinary passports or send notices permitting overseas Vietnamese
representative missions to issue ordinary passports under decisions of the
Minister of Public Security for national defense and security reasons.
Section 4
ISSUANCE OF INTERNATIONAL TRAVEL DOCUMENTS
Article
19.
Persons eligible for international travel documents
1.
Vietnamese citizens residing in administrative units at commune, district or
provincial level that border the neighboring countries.
2.
Cadres, civil servants, public employees and workers in agencies, organizations
and businesses in the provinces that border the neighboring countries.
3.
Cadres, civil servants, public employees and workers in agencies, organizations
and businesses at the central level or in other localities but having their
head offices located in the provinces that border the neighboring countries.
4.
The Government shall detail this Article.
Article
20. Issuance
of international travel documents
1.
An international travel document applicant shall submit his/her dossier and
receive dossier processing results at a competent agency specified in Clause 2
of this Article. In case of refusal to grant an international travel document,
a competent agency or dossier-receiving person shall issue a written reply to
the applicant, clearly stating the reason.
2.
Public security offices of communes, wards and townships, public security
divisions of rural districts, urban districts, towns and provincial cities, and
immigration offices of provincial-level Departments of Public Security of
localities that border the neighboring countries shall issue international
travel documents to the persons specified in Article 19 of this Law.
3.
The Government shall prescribe in detail order, procedures and competence for
issuance of international travel documents; and prescribe revocation and
invalidation of international travel documents.
Section 5
REFUSAL TO ISSUE IMMIGRATION PAPERS
Article
21.
Persons not yet eligible for immigration papers
1.
Persons who have not yet abided by decisions on sanctioning administrative
violations prescribed in Clause 1, 2, 3, 4, 5, 6 or 7, Article 4 of this Law.
2.
Persons whose exit is postponed, except those specified in Clause 12, Article
37 of this Law.
3.
Persons falling into cases not yet eligible for immigration papers for national
defense and security reasons under decisions of the Minister of National
Defense or Minister of Public Security.
Article
22.
Time limit for refusal to issue immigration papers
1.
The time limit for refusal to issue immigration papers to the persons specified
in Clause 1, Article 21 of this Law shall be counted until the complete
execution of relevant administrative sanctioning decisions.
2.
The time limit for refusal to issue immigration papers to the persons specified
in Clause 2, Article 21 of this Law shall be counted according to the exit
postponement period applicable to such persons.
3.
The time limit for refusal to issue immigration papers to persons specified in
Clause 3, Article 21 of this Law shall be counted until there are no impacts on
national defense and security under decisions of the Minister of National
Defense or Minister of Public Security.
Chapter IV
MANAGEMENT, USE, REVOCATION, INVALIDATION AND
RESTORATION OF IMMIGRATION PAPERS
Section 1
MANAGEMENT AND USE OF IMMIGRATION PAPERS
Article
23.
Responsibilities of immigration paper holders
1. To keep and preserve immigration papers; to
immediately notify the loss of immigration papers to a competent agency; to
carry out procedures for issuance of new ones in case immigration papers are
damaged, there are changes in personal information, identification features, or
of gender reassignment.
2. To use only one type of immigration paper
that remains valid for each exit or entry.
3.
Within 5 working days after leaving or entering the country, to return their
diplomatic passports or official passports to the passport-managing agencies or
persons specified in Clause 1, Article 24 of this Law, unless they have
plausible reasons as decided by heads of their agencies.
4.
Upon change of their working places, to notify the passport-managing agencies
or persons of places from and to which they move to serve the management of
diplomatic passports or official passports in accordance with this Law.
Article
24.
Management of diplomatic passports and official passports
1.
The competent agencies or persons specified in Article 11 of this Law or
agencies or persons authorized to manage diplomatic passports and official
passports shall:
a/
Manage diplomatic passports and official passports of cadres, civil servants,
public employees, officers and professional military personnel in the People’s
Army and People’s Public Security forces, and persons engaged in cipher work
under their management;
b/
Manage diplomatic passports and official passports of their relatives as
specified in Clauses 13 and 14, Article 8; and Clause 5, Article 9, of this
Law, who accompany or pay visits to them during their terms of office and whom
they shall manage.
2.
Order and procedures for management of a diplomatic passport or official
passport are as follows:
a/
Making a book to monitor the handover and receipt of the passport and ensuring
absolute safety for the passport when kept at the passport-managing agency;
b/
Handing over the passport to the holder who has an assignment decision to go
abroad on a working trip. Signatures of the persons that hands over and
receives the passport are required;
c/
Forwarding the passport to the new passport-managing agency or person when the
passport holder is transferred to a new working position;
d/
Notifying in writing the competent agency or person of the passport holder’s
intentional failure to return the passport to the passport-managing agency or
person or his/her use of the passport in contravention of law;
dd/
Immediately notifying in writing the passport-issuing agency of the Ministry of
Foreign Affairs and the Immigration Department of the Ministry of Public
Security of the loss or damage of the passport;
e/
Transferring the passport to the passport-issuing agency of the Ministry of
Foreign Affairs for invalidation in case the passport holder is no longer
eligible for a diplomatic passport or official passport;
g/
Reporting to a competent agency for handling a violation being the improper use
or management of the passport.
Article
25.
Use of diplomatic passports and official passports
1. A
person who holds a diplomatic passport or an official passport may use such
passport when going abroad under an assignment decision or a written approval
of a competent agency or person specified in Article 11 of this Law, unless
he/she goes abroad to study for more than 6 months.
2.
The use of diplomatic passports or official passports for overseas working
trips must conform with assignment decisions and working requirements.
Article
26.
Use of ordinary passports and international travel documents
1. A
Vietnamese citizen who holds an ordinary passport may use such passport for
his/her exit or entry, unless his/her exit is postponed.
2. A
Vietnamese citizen who holds international travel documents may use such
documents to travel across the border and carry out activities in neighboring
countries under treaties between Vietnam and bordering countries, unless
his/her exit is postponed.
Section 2
REVOCATION, INVALIDATION AND RESTORATION OF VALIDITY
OF PASSPORTS
Article
27.
Cases in which passports are revoked or invalidated
1.
Invalidation of lost passports that remain valid.
2.
Revocation or invalidation of passports of persons who renounce their
Vietnamese citizenship, are deprived of Vietnamese citizenship or for whom
decisions on their naturalization in Vietnam are annulled.
3.
Revocation or invalidation of diplomatic passports or official passports that
remain valid of persons who are no longer eligible for use of such passports.
4.
Revocation or invalidation of passports of the persons specified in Clause 1,
Article 21 of this Law.
Article
28.
Invalidation of lost passports that remain valid
1.
The invalidation of a diplomatic passport or an official passport is prescribed
as follows:
a/
The agency directly managing the passport holder shall send a notice of
passport loss as soon as possible to the Consular Department of the Ministry of
Foreign Affairs, an agency authorized by the Ministry of Foreign Affairs or an
overseas Vietnamese representative mission, whichever is more convenient;
b/
Within 1 working day after receiving the notice, the Consular Department of the
Ministry of Foreign Affairs, agency authorized by the Ministry of Foreign
Affairs or overseas Vietnamese representative mission shall invalidate the
passport and send a notice thereof, made according to a provided form, to the
notice-sending agency and the Immigration Department of the Ministry of Public
Security, and the Consular Department of the Ministry of Foreign Affairs in
case the mission’s system is not yet connected with the national database on
exit and entry of Vietnamese citizens.
2.
The invalidation of an ordinary passport is prescribed as follows:
a/
Within 48 hours after detecting that his/her passport is lost, the passport
holder shall directly submit or send his/her report on passport loss, made
according to a provided form, to the immigration office which is convenient,
the nearest public security office or the immigration control office at the
border gate or an overseas Vietnamese representative mission which is
convenient. In case of a force majeure reason, the time limit for
submission or sending of such a report may be extended but the force majeure
reason must be clearly explained in the report;
b/
Within 1 working day after receiving the report on passport loss, the
report-receiving agency shall send a notice, made according to a provided form,
to the Immigration Department of the Ministry of Public Security and the
passport holder. Within 1 working day after receiving the notice, the
Immigration Department of the Ministry of Public Security shall invalidate the
passport.
Article
29.
Revocation or invalidation of passports of persons who renounce their
Vietnamese citizenship, are deprived of their Vietnamese citizenship or for
whom decisions on naturalization in Vietnam are cancelled
1.
Within 30 days after issuing a decision on permission for renunciation of
Vietnamese citizenship, deprivation of Vietnamese citizenship or cancellation
of the decision on naturalization in Vietnam, the Ministry of Justice shall
send a notice thereof to the Immigration Department of the Ministry of Public
Security if the person who renounces his/her Vietnamese citizenship, is
deprived of Vietnamese citizenship or for whom the decision on naturalization
in Vietnam is cancelled is residing in the country; or to an overseas
Vietnamese representative mission if such person is residing abroad.
2.
Within 3 working days after receiving the notice, the Immigration Department of
the Ministry of Public Security shall examine, revoke or invalidate the
passport which remains valid.
3.
Within 3 working days after receiving the notice, the overseas Vietnamese
representative mission shall examine, revoke or invalidate the passport which
remains valid and send a notice thereof to the Immigration Department of the
Ministry of Public Security and the Consular Department of the Ministry of
Foreign Affairs in case the mission’s system is not yet connected with the
national database on exit and entry of Vietnamese citizens.
Article
30.
Revocation or invalidation of diplomatic passports or official passports of
persons who are no longer eligible for use of such passports
1.
Persons who are no longer eligible for use of diplomatic passports or official
passports include:
a/
Diplomatic passport or official passport holders who are dead or missing;
b/
Diplomatic passport holders whose posts or titles or family relations are
changed, making them no longer eligible for diplomatic passports as specified
in Article 8 of this Law;
c/
Official passport holders whose working positions or family relations are
changed, making them no longer eligible for official passports as specified in
Article 9 of this Law.
2.
For a person who is no longer eligible for diplomatic passport or official
passport, the passport-managing agency or person shall send a written request
for revocation or invalidation of his/her diplomatic passport or official
passport, made according to a provided form, to the Consular Department of the
Ministry of Foreign Affairs or an agency authorized by the Ministry of Foreign
Affairs.
3.
Within 1 working day after receiving the request, the Consular Department of
the Ministry of Foreign Affairs or the agency authorized by the Ministry of
Foreign Affairs shall invalidate the passport and send a notice thereof to the
Immigration Department of the Ministry of Public Security in case the mission’s
system is not yet connected with the national database on exit and entry of
Vietnamese citizens.
Article
31.
Revocation or invalidation of passports of persons not yet eligible for
issuance of immigration papers for their commission of prohibited acts
1.
When having grounds to believe that a person who has obtained a passport but is
not yet eligible for issuance of immigration papers as specified in Clause 1,
Article 21 of this Law, the passport-issuing agency shall check and request
him/her to return the passport which remains valid for invalidation.
2.
If unable to revoke a passport which remains valid, the passport-issuing agency
shall invalidate the passport.
Article
32.
Restoration of validity of ordinary passports
1.
In case an ordinary passport has been invalidated because it is lost in the
country, then it is found and remains intact and its holder has a
foreign-issued visa which remains valid, such passport may have its validity
restored.
2. A
person who requests restoration of validity of his/her passport shall fill in
the request form enclosed with the passport and submit it to the Immigration
Department of the Ministry of Public Security or immigration office of the
provincial-level Department of Public Security, whichever is convenient for
him/her.
3. A
responsible person shall receive the request form, and check information
therein with that in the passport and issue a written appointment stating the
date of notification of request processing results.
4.
Procedures for restoration of validity of ordinary passports shall be carried
out at the Immigration Department of the Ministry of Public Security.
5.
Within 3 working days after receiving a request for restoration of validity of
a passport, the Immigration Department of the Ministry of Public Security shall
return the passport with restored validity to the requester; if refusing the
restoration, it shall reply in writing, clearly stating the reason.
Within
5 working days after receiving a request for restoration of validity of a
passport, the immigration office of the provincial-level Department of Public
Security shall return the passport with restored validity to the requester; if
refusing the restoration, it shall reply in writing, clearly stating the
reason.
Chapter V
EXIT, ENTRY, EXIT POSTPONEMENT
Article
33.
Conditions for exit
1. A
Vietnamese citizen may leave the country when fully meeting the following
conditions:
a/
Having an immigration paper which remains intact and unexpired; for a passport,
its validity duration must be at least full 6 months;
b/
Having a visa or another paper certifying or evidencing the country of
destination that permits his/her entry, unless he/she is entitled to visa
exemption;
c/
Neither being banned from exit nor having his/her exit postponed in accordance
with law.
2.
In addition to the conditions prescribed in Clause 1 of this Article, persons
having lost their civil act capacity and persons with difficulties in
perceiving or controlling their acts as defined in the Civil Code, and persons
aged under 14 years shall be accompanied by their lawful representatives.
Article
34.
Conditions for entry
Vietnamese
citizens may enter the country when their immigration papers remain intact and
unexpired.
Article
35.
Control of exit and entry
1.
Upon exit or entry, a Vietnamese citizen shall produce to the person performing
the immigration control task or automatic control door the papers specified at
Points a and b, Clause 1, Article 33, and Article 34, of this Law, unless
he/she enters or leaves the Vietnamese territory on a national defense and
security vehicle to perform national defense and security tasks.
For
persons specified in Clause 2, Article 33 of this Law, their lawful
representatives shall produce papers proving their lawful representation.
2. A
person performing the immigration control task shall check conditions for exit
or entry for a Vietnamese citizen under Article 33 or 34 of this Law and
compare them with information in the national database on exit and entry of
Vietnamese citizens, and shall:
a/
Permit the citizen to leave or enter the country, if he/she fully satisfies the
conditions for exit or entry;
b/
Make a written record and refuse to permit the citizen to leave the country, if
he/she fails to fully satisfy the conditions for exit;
c/
Take handling measures prescribed by the law on handling of administrative
violations before permitting the citizen to enter the country, if he/she fails
to fully satisfy the conditions for entry;
d/
Carry out inspection under a decision of the Minister of Public Security or
Minister of National Defense, for the case specified in Clause 3, Article 21 of
this Law.
3.
The Government shall prescribe in detail immigration control with automatic
control doors; and prescribe immigration control for persons who leave or enter
the Vietnamese territory on national defense and security vehicles to perform
national defense and security tasks.
Article
36.
Persons whose exit is postponed
1.
The accused and defendants; persons denounced or proposed to be subject to
initiation of criminal proceedings who, through inspection and verification,
are suspected to have committed a crime and it is necessary to immediately
prevent them from absconding or destroying evidences in accordance with the
Criminal Procedure Code.
2.
Persons entitled to postponement of serving of their imprisonment sentences,
persons entitled to suspension from serving of their imprisonment sentences,
persons entitled to conditional early release during the probation period,
persons entitled to suspended sentence during the probation period, and persons
serving their non-custodial reform penalty during their sentence-serving period
in accordance with the Law on Execution of Criminal Judgments.
3.
Obligors defined in the civil procedure law, if there are grounds to believe
that the settlement of criminal cases relating to their obligations toward the
State or agencies, organizations or individuals and their exit might affect the
settlement of such criminal cases or affect the interests of the State or
lawful rights and interests of such agencies, organizations or individuals, or
to secure judgment execution.
4.
Civil judgment debtors, and at-law representatives of agencies or organizations
obliged to execute judgments or rulings in accordance with the law on execution
of civil judgments whose exit is believed to affect the interests of the State
or lawful rights and interests of agencies, organizations or individuals, or to
secure judgment enforcement.
5.
Taxpayers, at-law representatives of enterprises coerced to execute
administrative decisions on tax administration, Vietnamese leaving the country
for overseas residence, and overseas Vietnamese who, before their exit, have
not yet fulfilled the tax obligation as prescribed by the law on tax
administration.
6.
Persons coerced and representatives of organizations coerced to execute
administrative sanctioning decisions, provided it is necessary to immediately
prevent them from absconding.
7.
Persons subject to inspection, examination or verification who are believed to
have committed particularly serious violations, provided it is necessary to
immediately prevent them from absconding.
8.
Persons affected by a spread or infectious dangerous disease, provided it is
necessary to immediately prevent its spreading or infection in the community,
unless their entry is permitted by foreign authorities.
9.
Persons whose exit is believed by a functional authority to affect national
defense and security.
Article
37.
Competence to decide on exit postponement, extend exit postponement period or
cancel exit postponement
1.
Competence to postpone exit of persons specified in Clause 1, Article 36 of
this Law must comply with the criminal procedure law.
2.
Agencies or persons competent to issue decisions on postponement of serving of
imprisonment sentences, suspension from serving of imprisonment sentences,
conditional early release, or execution of suspended sentence or non-custodial
reform penalty may decide on postponement of exit of persons specified in
Clause 2, Article 36 of this Law.
3.
Competence to postpone exit of persons specified in Clause 3, Article 36 of
this Law must comply with the civil procedure law.
4.
Competence to postpone exit of persons specified in Clause 4, Article 36 of
this Law must comply with the law on enforcement of civil judgments.
5.
Heads of tax administrative offices defined by the law on tax administration
may decide on postponement of exit of persons specified in Clause 5, Article 36
of this Law.
6.
The Chief Justice of the Supreme People’s Court, ministers, heads of
ministerial-level agencies, and chairpersons of provincial-level People’s
Committees may decide on postponement of exit of persons specified in Clause 6,
Article 36 of this Law at the proposal of issuers of decisions on coerced
execution of administrative sanctioning decisions under his/her/their
management.
7.
Heads of central-level inspection or examination agencies may decide on
postponement of exit of persons specified in Clause 7, Article 36 of this Law.
8.
The Minister of Health may decide on postponement of exit of persons specified
in Clause 8, Article 36 of this Law.
9.
The Minister of National Defense or Minister of Public Security may decide on
postponement of exit of persons specified in Clause 9, Article 36 of this Law.
10.
Competent persons specified in Clauses 1 thru 7 of this Article may issue
decisions on postponement of exit only within the ambit of their tasks and
powers and of persons involved in criminal cases or matters falling under their
competence.
11.
Persons competent to issue decisions on postponement of exit may issue
decisions on extension or cancellation of former decisions and shall take
responsibility before law for their decisions.
12.
In special cases, the Minister of Public Security shall reach agreement with
issuers of decisions on exit postponement on permitting persons whose exit is
postponed to leave the country.
Article
38.
Exit postponement period, extension of the exit postponement period
1.
The exit postponement period and extension of the exit postponement period are
prescribed as follows:
a/
For persons specified in Clause 1, Article 36 of this Law, the exit
postponement period must comply with the Criminal Procedure Law;
b/
For persons specified in Clauses 2 thru 6, Article 36 of this Law, the exit
postponement period ends when the violators or obligors complete serving their
sentences or executing decisions of competent agencies or persons as prescribed
in this Law;
c/
For persons specified in Clause 7, Article 36 of this Law, the exit
postponement period must not exceed 1 year and may be extended with each
extension not exceeding 1 year;
d/
For persons specified in Clause 8, Article 36 of this Law, the exit
postponement period must not exceed 6 months and may be extended with each
extension not exceeding 6 months;
dd/
For persons specified in Clause 9, Article 36 of this Law, the exit
postponement period shall be considered when their exit no longer affects
national defense and security under decisions of the Minister of National
Defense or Minister of Public Security.
2.
For a person whose exit is postponed, if the exit postponement is not cancelled
and the exit postponement period is not extended, upon the expiration of the
period specified in Clause 1 of this Article, he/she will be automatically
entitled to cancellation of exit postponement.
Article
39.
Order and procedures for exit postponement, extension of the exit postponement
period, and cancellation of exit postponement
1.
Persons competent to decide on exit postponement shall send documents on
postponement, made according to a provided form, to the Immigration Department
of the Ministry of Public Security, and also send notices thereof, made
according to a provided form, to persons subject to exit postponement, except
the case specified in Clause 9, Article 36 of this Law.
2.
During the exit postponement period, when having sufficient grounds to cancel
an exit postponement decision, a competent person specified in Article 37 of
this Law shall send a document on cancellation of the exit postponement
decision, made according to a provided form, to the Immigration Department of
the Ministry of Public Security, and immediately send a notice thereof, made
according to a provided form, to a person whose exit is postponed.
3.
Before the exit postponement period expires, if it needs to be extended, a
competent person specified in Article 37 of this Law shall send a document on
extension of the exit postponement period, made according to a provided form,
to the Immigration Department of the Ministry of Public Security, and
immediately send a notice thereof, made according to a provided form, to a
person subject to extension of the exit postponement period.
4. A
competent person specified in Article 37 of this Law shall regularly check
persons under his/her management whose exit is postponed in order to decide on
extension of the exit postponement period or cancel exit postponement in
accordance with Clause 2 or 3 of this Article.
5.
The Immigration Department of the Ministry of Public Security shall organize
exit postponement, extension of the exit postponement period, or cancellation
of exit postponement immediately after receiving a decision from a competent
person specified in Article 37 of this Law.
Chapter VI
NATIONAL DATABASE ON EXIT AND ENTRY OF VIETNAMESE
CITIZENS
Article
40.
Requirements for establishment and management of the national database on exit
and entry of Vietnamese citizens
1.
The national database on exit and entry of Vietnamese citizens shall be
established and managed at the Immigration Department of the Ministry of Public
Security and synchronously connected to immigration offices, border-gate
management agencies, agencies issuing immigration papers, and units controlling
exit and entry of Vietnamese citizens which are under the Ministry of Public
Security, Ministry of National Defense or Ministry of Foreign Affairs.
2.
The national database on exit and entry of Vietnamese citizens shall be
established in connection with databases on population, citizen identity cards,
crimes, and citizenship, and other databases, and up to standards on database
structure and standards or technical regulations on information technology,
ensuring its uninterrupted, stable and safe operation and confidentiality.
3.
Compliance with regulations and regimes on paperwork, e-transactions and
information technology.
4.
Information shall be collected and updated in an adequate, accurate and prompt
manner, ensuring stable and safe operation of the database and confidentiality.
Article
41.
Information in the national database on exit and entry of Vietnamese citizens
1.
Information about a Vietnamese citizen to be collected and updated includes:
a/
Family name, middle name and first name stated in the birth certificate; family
name, middle name and first name currently used;
b/
Date of birth;
c/
Gender;
d/
Portrait photo;
dd/
Fingerprints;
e/
Number, date of issuance, and issuer of the immigration paper;
g/
People’s identity card number or personal identification number;
h/
Exit from and entry in Vietnam;
i/
Date when the citizen notifies loss of his/her immigration paper;
k/
Revocation, invalidation or restoration of validity of the immigration paper;
l/
Other relevant information.
2.
The collection and update of information to the national database on exit and
entry of Vietnamese citizens must comply with Article 42 of this Law.
Article
42.
Collection and update of information to the national database on exit and entry
of Vietnamese citizens
1.
Information about a Vietnamese citizen to be collected and updated to the
national database on exit and entry of Vietnamese citizens comes from:
a/
The national database on population, database on citizen identity cards and
other national databases and specialized databases;
b/
Collected information about the citizen’s personal details, portrait photo and
fingerprints in the process of carrying out procedures to request passport
issuance and controlling exit and entry;
c/
Information updated and modified at the request of the citizen in the national
database on exit and entry of Vietnamese citizens or immigration paper of the
citizen;
d/
Information provided by concerned agencies, organizations and individuals which
is related to exit and entry of the citizen.
2.
The collection and update of information to the national database on exit and
entry of Vietnamese citizens must comply with the following regulations:
a/
Only information confirmed as accurate after checking may be updated to the
national database on exit and entry of Vietnamese citizens;
b/
For information with inconsistent contents collected from different sources,
the agency responsible for updating information shall check its legality before
updating it to the national database on exit and entry of Vietnamese citizens
and take responsibility for updated information.
3.
Responsibility to collect and update information to the national database on
exit and entry of Vietnamese citizens is prescribed as follows:
a/
Agencies issuing immigration papers and immigration control units shall collect
and immediately process information relating to issuance of passports as well
as exit and entry of Vietnamese citizens and update it to the national database
on exit and entry of Vietnamese citizens; and take responsibility for updated
information;
b/
Agencies managing the national database on population, database on citizen
identity cards and other relevant national databases and specialized databases
shall ensure uninterrupted connection of these databases to the national
database on exit and entry of Vietnamese citizens;
c/
The Immigration Department of the Ministry of Public Security shall collect and
update information under its management; protect information and ensure
information confidentiality in accordance with law.
4.
Citizens and other agencies and organizations shall create conditions and
provide information for agencies issuing immigration papers and units
controlling exit and entry of Vietnamese citizens to collect and update
information to the national database on exit and entry of Vietnamese citizens.
Article
43.
Management and exploitation of the national database on exit and entry of
Vietnamese citizens
1.
The national database on exit and entry of Vietnamese citizens is a common-use
database serving the issuance and management of immigration papers and control
of exit and entry of Vietnamese citizens, and managed by the Immigration
Department of the Ministry of Public Security.
2.
The exploitation of information in the national database on exit and entry of
Vietnamese citizens shall be carried out as follows:
a/
The Immigration Department of the Ministry of Public Security shall prescribe
the scope of exploitation and use of information in the national database on
exit and entry of Vietnamese citizens;
b/
Agencies issuing immigration papers, border-gate management agencies and
immigration control units shall, within the ambit of their functions, tasks and
powers, exploit information in the national database on exit and entry of
Vietnamese citizens.
3.
The Government shall prescribe in detail the management of, and exploitation of
information in, the national database on exit and entry of Vietnamese citizens
for agencies, organizations and individuals.
Chapter VII
RESPONSIBILITY TO MANAGE EXIT AND ENTRY OF
VIETNAMESE CITIZENS
Article
44.
Responsibility for state management of exit and entry of Vietnamese citizens
1.
The Government shall perform the unified state management of exit and entry of
Vietnamese citizens; and regulate online public services serving the issuance,
management and control of passports of Vietnamese citizens.
2.
The Ministry of Public Security shall assume the prime responsibility for, and
coordinate with the Ministry of National Defense and Ministry of Foreign
Affairs in, taking responsibility before the Government for performing the
state management of exit and entry of Vietnamese citizens.
Article
45.
Responsibilities of the Ministry of Public Security
1.
To assume the prime responsibility for, and coordinate with the Ministry of
National Defense, Ministry of Foreign Affairs, and related ministries and
sectors in, drafting and promulgating, or submitting to competent agencies for
promulgation, legal documents on exit and entry of Vietnamese citizens, and
building the national database on exit and entry of Vietnamese citizens; to
guide exit postponement, extension of the exit postponement period, and
cancellation of exit postponement.
2.
To assume the prime responsibility for, and coordinate with the Ministry of
Foreign Affairs in, providing the process of collecting fingerprints of
applicants for diplomatic passports, official passports or ordinary passports
with embedded electronic chips; to guide in detail issuance, revocation and
invalidation of ordinary passports.
3.
To issue forms of immigration papers and other relevant papers in accordance
with this Law after exchanging opinions with related ministries and sectors; to
print, manage and provide immigration papers to citizens.
4.
To issue ordinary passports and international travel documents, and inspect and
control exit and entry at border gates under its management.
5.
To assume the prime responsibility for, and coordinate with related ministries
and agencies in, building, managing, collecting and updating information to,
and exploiting, the national database on exit and entry of Vietnamese citizens;
to build and manage the information system for receiving, storing and
exploiting digital certificates to serve issuance and management of passports
with embedded electronic chips which is connected to the International Civil
Aviation Organization in order to authenticate and control passports with
embedded electronic chips.
6.
To assume the prime responsibility for, and coordinate with ministries, sectors
and localities in, formulating, disseminating and educating about the law on
exit and entry of Vietnamese citizens.
7.
To provide devices and training for persons engaged in managing the national
database on exit and entry of Vietnamese citizens.
8.
To assume the prime responsibility for, and coordinate with the Ministry of
National Defense in, prescribing the control of exit and entry at border gates
in accordance with this Law.
9.
To carry out inspection and examination of, settle complaints and denunciations
about, and handle, violations of the law on exit and entry of Vietnamese
citizens.
10.
To enter into international cooperation in the field of exit and entry of
Vietnamese citizens; to assume the prime responsibility for, and coordinate
with the Ministry of Foreign Affairs in, signing, as assigned by the
Government, international agreements for receiving Vietnamese citizens who are
not accepted by foreign authorities for residence; to coordinate with the
Ministry of Foreign Affairs in concluding treaties relating to exit and entry
of Vietnamese citizens.
11.
To provide the Ministry of National Defense with information and documents on
violators of regulations on exit and entry of Vietnamese citizens to serve exit
and entry control work.
12.
To make state statistics on exit and entry of Vietnamese citizens.
Article
46.
Responsibilities of the Ministry of Foreign Affairs
1.
To coordinate with the Ministry of Public Security and Ministry of National
Defense in drafting legal documents on exit and entry of Vietnamese citizens
and building the national database on exit and entry of Vietnamese citizens.
2.
To assume the prime responsibility for, and coordinate with the Ministry of
Public Security in, specifically guiding procedures for issuance, renewal,
revocation and invalidation of diplomatic passports or official passports
issued by the Consular Department of the Ministry of Foreign Affairs, overseas
Vietnamese representative missions or agencies authorized by the Ministry of
Foreign Affairs; to coordinate with the Ministry of Public Security in
specifically guiding procedures for issuance, revocation and invalidation of
ordinary passports at overseas Vietnamese representative missions.
3.
To issue, renew and invalidate diplomatic passports and official passports for
Vietnamese citizens in the country.
4.
To assume the prime responsibility for, and coordinate with the Ministry of
Public Security in, introducing forms of immigration papers to foreign
authorities.
5.
To coordinate with the Ministry of Public Security in building, collecting and
updating information to, and exploiting, the national database on exit and
entry of Vietnamese citizens; to provide the Ministry of Public Security with
personal identification information about persons competent to issue
immigration papers of the Ministry of Foreign Affairs or overseas Vietnamese
representative missions.
6.
To carry out inspection and examination of, and settle complaints and
denunciations related to, exit and entry of Vietnamese citizens.
7.
To assume the prime responsibility for, and coordinate with the Ministry of
Public Security and Ministry of National Defense in, concluding treaties
relating to exit and entry of Vietnamese citizens, and receiving Vietnamese
citizens who are not accepted by foreign authorities for residence.
Article
47.
Responsibilities of the Ministry of National Defense
1.
To coordinate with the Ministry of Public Security and Ministry of Foreign
Affairs in drafting legal documents on exit and entry of Vietnamese citizens
and building the national database on exit and entry of Vietnamese citizens.
2.
To assume the prime responsibility for, and coordinate with the Ministry of
Public Security in, specifically guiding the process of exit and entry control
at border gates under its management.
3.
To control exit and entry at border gates under its management.
4.
To carry out examination of, settle complaints and denunciations about, and
handle, violations of the law on exit and entry of Vietnamese citizens at
border gates under its management.
5.
To coordinate with the Ministry of Public Security in building, collecting and
updating information to, and exploiting, the national database on exit and
entry of Vietnamese citizens; to provide the Ministry of Public Security with
information and documents on violators of the regulations on exit and entry of
Vietnamese citizens.
6.
To coordinate with the Ministry of Foreign Affairs and Ministry of Public
Security in concluding treaties relating to exit and entry of Vietnamese
citizens.
Article
48.
Responsibilities of overseas Vietnamese representative missions
1.
To issue, extend, revoke and invalidate immigration papers in accordance with
this Law.
2.
To coordinate with the Immigration Department of the Ministry of Public
Security in collecting and updating information to and exploiting the national
database on exit and entry of Vietnamese citizens; to notify in writing the
Immigration Department of the Ministry of Public Security and Consular
Department of the Ministry of Foreign Affairs of personal identification
information about persons competent to issue immigration papers; in case their
systems are not yet connected to the national database on exit and entry of
Vietnamese citizens, to additionally notify lists of persons whose immigration
papers are issued, extended, revoked or invalidated.
Article
49.
Responsibilities of the Government Cipher Committee
1.
To provide the Government’s special-use digital signature certification
services serving the issuance and management of passports with embedded
electronic chips.
2.
To provide related ministries and agencies with guidance on how to use the
Government’s special-use digital signature certification services serving the
issuance and management of passports with embedded electronic chips.
3.
To coordinate with the Ministry of Public Security in building the information
system for receiving, storing and exploiting digital certificates serving the
issuance and management of passports with embedded electronic chips, which is
connected to the International Civil Aviation Organization, for authentication
and control of passports with embedded electronic chips.
Article
50.
Responsibilities of related agencies and organizations
1.
Ministries, ministerial-level agencies and provincial-level People’s Committees
shall coordinate with the Ministry of Public Security in performing the state
management of exit and entry of Vietnamese citizens in accordance with law.
2.
Ministries, central sectors and provincial-level People’s Committees shall
promulgate regulations on management of cadres, civil servants, officers, and
professional army men of the People’s Army and Public Security forces, and
persons engaged in cipher work under their management in exit and entry
activities.
3.
Agencies and organizations directly managing cadres, civil servants, officers,
and professional army men of the People’s Army and Public Security forces, and
persons engaged in cipher work in cipher organizations shall organize the
implementation of the law on exit and entry of Vietnamese citizens and the
regulations referred to in Clause 2 of this Article.
Chapter VIII
IMPLEMENTATION PROVISIONS
Article 51. Effect
This
Law takes effect on July 1, 2020.
Article
52.
Transitional provision
Immigration
papers issued before the effective date of this Law remain valid till their
expiry dates.
This
Law was passed on November 22, 2019, by the XIVth National Assembly
of the Socialist Republic of Vietnam at its 8th session.-
Chairwoman
of the National Assembly
NGUYEN
THI KIM NGAN
Không có nhận xét nào:
Đăng nhận xét