Joint Circular No. 01/2012/TTLT-BCA-BNG amending and supplementing Joint Circular No. 04/2002/TTLT/BCA-BNG dated January 29, 2002 and Joint Circular No. 05/2009/TTLT/BCA-BNG dated May 12, 2009 of the Ministry of Public Security and the Ministry of Foreign Affairs in the field of immigration.

JOINT CIRCULAR

Amending and supplementing Circular Joint No. 04/2002/TTLT/BCA-BNG dated January 29, 2002 and Circular Joint No. 05/2009/TTLT/BCA-BNG dated May 12, 2009 of the Ministry of Public Security and the Ministry of Foreign Affairs in the field of immigration

Joint Circular No. 05/2009/TTLT/BCA-BNG dated May 12, 2009 of the Ministry of Public Security and the Ministry of Foreign Affairs in the field of immigration出入境领域公安部和外交部2009年5月12日联合发布的第05/2009/TTLT/BCA-BNG号通知

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Pursuant to Resolution No. 50/NQ-CP dated December 10, 2010 and Resolution No. 61/NQ-CP dated December 17, 2010 of the Government on simplifying administrative procedures within the management scope of the Ministry of Foreign Affairs and the Ministry of Public Security;

Pursuant to Decree No. 63/2010/NĐ-CP dated June 8, 2010 of the Government on administrative procedure control;

Pursuant to the Decree No. 77/2009/NĐ-CP dated September 15, 2009 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

Pursuant to Decree No. 15/2008/NĐ-CP dated February 4, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Foreign Affairs;

Pursuant to Decree No. 21/2001/NĐ-CP dated May 28, 2001 of the Government detailing the implementation of the Ordinance on Entry, Exit, and Residence of Foreigners in Vietnam;

The Ministry of Public Security and the Ministry of Foreign Affairs hereby agree as follows:

1. Amending Clause 2 Section I as follows:

a) Amend the phrase "request letter" at the third line of point a to the phrase "document requesting inspection and approval for foreign personnel to enter Vietnam according to Model N2 issued together with this Circular";

b) Amend the phrase "submit application" at the first line of point b to the phrase "submit sponsorship application for foreign relatives to enter Vietnam according to Model N3 issued together with this Circular".

2. Amending the phrase "application (according to prescribed model)" at the second line, point a Clause 1 Section II to the phrase "Application for Vietnamese visa according to Model N1 issued together with this Circular".

3. Amending and supplementing Clause 2 Section IV as follows:

a) Amend the phrase "request document" at the fourth line of point a and the fourth line of point b to the phrase "Application for issuance, amendment, and extension of residence permit according to Model N5 issued together with this Circular".

b) Amending the content of point d as follows:

Foreigners applying for a residence permit shall submit one set of documents to the Immigration Management Department under the Ministry of Public Security or the Provincial Police Immigration Management Division (hereinafter referred to as Provincial Police). The application for a residence permit includes the following documents:

 + Application for a residence permit according to Model N7A; information form of foreigners applying for a residence permit according to Model N7B issued together with this Circular;

 + Passport of the applicant;

+ Documents proving eligibility for a residence permit such as work permit, confirmation as Head of Representative Office, member of Board of Directors, or other documents proving eligibility for a residence permit.

 - Each residence permit will be issued separately according to Model N8 issued together with this Circular.

4. Amending and supplementing Section VI and Section VII as follows:

"VI. Procedures for issuing permanent residence permits

1. Foreigners falling under points a and b Clause 1 Article 13 of the Ordinance on Entry, Exit, and Residence of Foreigners in Vietnam who wish to reside permanently in Vietnam shall submit one set of documents and process their application at the Immigration Management Department under the Ministry of Public Security. The application for permanent residence in Vietnam includes the following documents:

 - Application for permanent residence according to Model N9A; self-declaration form according to Model N9B issued together with this Circular;

 - Four recent photos, size 3 x 4 cm, white background, front view, bare head, no tinted glasses.

 - Copy of passport (original must be presented for verification);

 - Other related documents (if any).

Within one month from the date of receipt of complete and valid documents, the Minister of Public Security shall report

The Immigration Management Department under the Ministry of Public Security shall notify in writing the applicant and the Provincial Police where the applicant applies for permanent residence of the Prime Minister's decision. The Provincial Police shall direct the Provincial Police Immigration Management Division to issue the permanent residence permit within five working days from the date of receiving notification of the Prime Minister's decision to grant permanent residence.

2. Foreigners falling under point c Clause 1 Article 13 of the Ordinance on Entry, Exit, and Residence of Foreigners in Vietnam shall directly submit one set of documents and process their application for permanent residence in Vietnam at the Immigration Management Department under the Ministry of Public Security or the Provincial Police Immigration Management Division where they apply for permanent residence.

a) The application for permanent residence includes the following documents:

- Application for permanent residence according to Model N9A issued together with this Circular;

- Four recent photos, size 3 x 4 cm, white background, front view, bare head, no tinted glasses.

- Criminal record certificate issued by the competent authority of the country of which the applicant is a citizen or the country where the applicant resides regularly;

- Diplomatic note of the diplomatic mission of the country of which the applicant is a citizen;

- Sponsorship document for foreign relatives applying for permanent residence in Vietnam according to Model N10 issued together with this Circular;

- Documents proving that they are spouse, child, parent of a Vietnamese citizen residing permanently in Vietnam;

- Copy of passport (original must be presented for verification);

- Other related documents (if any).

b) All documents in the application (except for the sponsorship document and passport) must be translated into Vietnamese and notarized or legalized according to the provisions of the law.

c) Within four months from the date of receipt of complete and valid documents, the Immigration Management Department under the Ministry of Public Security shall cooperate with relevant agencies to conduct verification and report to the Minister of Public Security for consideration and decision. In case additional verification is required, the time may be extended but not more than two months.

d) The Immigration Management Department under the Ministry of Public Security shall notify in writing the applicant and the Provincial Police where the applicant applies for permanent residence of the Minister of Public Security's decision. The Provincial Police shall direct the Provincial Police Immigration Management Division to issue the permanent residence permit within five working days from the date of receiving notification of the Minister of Public Security's decision to grant permanent residence.

đ) Each permanent residence permit will be issued separately according to Model N11 issued together with this Circular.

e) Within two months from the date of receiving the notification from the Immigration Management Department under the Ministry of Public Security, foreigners who have been approved for permanent residence in Vietnam must go to the Immigration Management Office at their place of permanent residence to collect the permanent residence card. If the person approved for permanent residence does not come to collect the card within the aforementioned period without a valid reason, the permanent residence card shall be deemed invalid.

VII. Procedures for Renewing the Permanent Residence Card

- Every three years, the holder of a permanent residence card must appear at the Immigration Management Office of the provincial police force at their place of permanent residence to renew the permanent residence card. The application for renewal must be submitted within ninety days of the required appearance. The applicant must submit one set of documents including the following:

+ One application form for reissuing a permanent residence card according to model N9C issued together with this Circular;

+ Two newly taken photographs, size 3 x 4 cm, white background, frontal view, bareheaded, without tinted glasses.

+ The permanent residence card:

+ A copy of the passport (the original must be presented for verification and comparison).

- In cases where less than three years have passed since the issuance of the card (counting from the date of issuance), if the cardholder needs to change information recorded on the permanent residence card, they must submit the application and follow the procedures for renewing the permanent residence card.

- Within five working days from the date of receipt of the complete application for renewal of the permanent residence card, the Immigration Management Office of the provincial police force has the responsibility to report to the Immigration Management Department for consideration and decision. The Immigration Management Department will issue a response document within five working days from the date of receipt of the report. The Immigration Management Office of the provincial police force will issue a new card within no more than five working days from the date of receipt of the approval document.

Article 2. Amend and Supplement Circular Jointly Issued No. 05/2009/TTLT/BCA-BNG dated May 12, 2009, guiding procedures for processing applications for permanent residence registration in Vietnam by Vietnamese citizens residing abroad

Amend and supplement Clause 1 of Section III as follows: Issue along with this Circular a sample application form for permanent residence in Vietnam for Vietnamese citizens residing abroad (model TT01).

Article 3. Effectiveness

This Circular Jointly Issued shall take effect forty-five days from the date of signature./.