JOINT CIRCULAR No. 02/1998/TTLT/BNV-BNG GUIDING THE IMPLEMENTATION OF DECISION No. 957/1997/QD-TTg dated November 11, 1997 of the Prime Minister on improving some procedures for entry and exit and handling issues related to Vietnamese citizens who have exited but not returned within the prescribed time limit.

JOINT CIRCULAR

Guidelines for implementing Decision
number 957/1997/QD-TTg dated November 11, 1997 of the Prime Minister
on improving some procedures related to departure and handling
issues concerning Vietnamese citizens who have departed but did not return within the prescribed time

Implementing Decision No. 957/1997/QD-TTg dated November 11, 1997 of the Prime Minister on improving some procedures related to departure and handling issues concerning Vietnamese citizens who have departed but did not return within the prescribed time, and the opinions of the Prime Minister at Circular No. 6044/QHQT dated November 27, 1997 of the Government Office, the Ministry of Home Affairs and the Ministry of Foreign Affairs provide guidance as follows:

I. APPLICABLE OBJECTS:

Decision No. 957/1997/QD-TTg dated November 11, 1997 of the Prime Minister (hereinafter referred to as Decision No. 957/1997/QD-TTg) shall apply to Vietnamese citizens residing in Vietnam or working, living, working, studying, laboring, etc., with a limited period abroad. The entry and exit procedures for Vietnamese citizens permanently residing abroad are not within the scope of adjustment of the aforementioned Decision.

II. PROCEDURES FOR ISSUING AND EXTENDING PASSPORTS WITHIN THE COUNTRY:

1. Procedures for issuing and extending diplomatic passports and official passports:

The procedures for issuing and extending diplomatic passports and official passports at the Ministry of Foreign Affairs (Consular Department, Ho Chi Minh City Department of Foreign Affairs) shall be carried out according to the guidelines set forth in Points 1, 3, 4, 5, and 7 of Section II of Circular No. 163/NG/TT dated May 25, 1995 of the Ministry of Foreign Affairs.

The beginning of Point (1)(a) of Section II shall be amended as follows:

"The document must be signed by the head of the competent authority. The signature on the document must be a direct signature (not a photocopied signature) and must bear the stamp of the authority. In the document, it is necessary to clearly state the name, date of birth, position, destination country, mission, and duration of stay abroad of the person being sent on a foreign mission."

2. Procedures for issuing and extending ordinary passports:

The procedures for issuing and extending ordinary passports shall be carried out according to the guidelines set forth in Circular No. 02/TT-BNV (A18) dated April 30, 1995 of the Ministry of Home Affairs, with specific adjustments and supplements as follows:

Those who are cadres, workers, civil servants, and military personnel belonging to the establishment of state agencies, political-social organizations, state enterprises, and armed forces units (including those under long-term contracts of one year or more) requesting issuance of a passport for personal travel abroad must submit a confirmation document from the head of the competent authority agreeing to their departure, along with a request for passport issuance and proof of the reason for departure.

Place of submission of application and receipt of results:

Those under the management of central agencies shall submit applications and receive results at the Exit and Entry Administration Department - Ministry of Home Affairs;

Those under the management of agencies and organizations governed by provincial People's Committees or centrally-administered municipalities shall submit applications and receive results at the Exit and Entry Management Office - Public Security Department of the province or city where they are registered as permanent residents or long-term temporary residents, or directly submit applications and receive results at the Exit and Entry Administration Department - Ministry of Home Affairs.

3. Competent Authority:

"Competent Authority" mentioned in Points 1 and 2 of this section includes:

a. Agencies and organizations specified in Clauses 1, 2, and 3 of Article 1 of Decree No. 24/CP dated March 24, 1995 of the Government on exit and entry procedures (amended and supplemented by Decree No. 76/CP dated November 6, 1995);

b. Other agencies as prescribed by the Government.

Agencies and organizations mentioned in Clause 2 and Clause 3 of Article 1 of Decree No. 24/CP and agencies and organizations mentioned in point (b) above, hereinafter referred to as the main managing agency.

III. IMPLEMENTATION OF VISA-FREE EXIT:

1. Vietnamese citizens holding diplomatic passports and official passports valid until November 26, 1997, and Vietnamese citizens holding ordinary passports valid until November 26, 1997, including ordinary passports issued before November 26, 1997, are exempt from visa requirements for exit from Vietnam and may exit and enter through international border gates of Vietnam.

2. Vietnamese citizens holding diplomatic passports and official passports issued before November 26, 1997 but still valid, when exiting Vietnam, must present to the exit and entry control force at the border gate a dispatch document from the main managing agency for work abroad, clearly stating the name, position, destination country, and duration of stay abroad of the person dispatched.

3. Exit from the second time onwards:

a. In accordance with the regulations of the Government on the management of outbound and inbound groups and household registration, ten days before departure, Vietnamese citizens must report to the Exit and Entry Management Agency about leaving their place of residence to go abroad, following the principle that people residing in a locality should report to the Exit and Entry Management Agency in that locality, either by direct notification or by letter, telegram, fax, the content of the departure notice must clearly state the full name, date of birth, place of permanent residence or long-term temporary residence, passport number, issuing agency, time, purpose of departure, destination country, and duration of stay abroad. This notification does not require a response from the Exit and Entry Management Agency.

b. Those in the following categories do not need to notify the Exit and Entry Management Agency in advance:

Personnel under state establishment, military personnel, police officers, and employees under long-term contracts (one year or more) of state agencies and enterprises, who have been dispatched abroad for work or allowed to go abroad for personal reasons by the head of the main managing agency.

Those currently working, laboring, studying, etc., abroad for a limited period and returning to Vietnam within 90 days.

IV. MANAGEMENT OF PASSPORTS AND PERSONNEL BY THE MAIN MANAGING AGENCY:

In accordance with Clause 1 of Article 2 of Decision No. 957/1997/QD-TTg, the head of the main managing agency who dispatches personnel abroad for work or allows them to go abroad for personal reasons shall be responsible under the law for personnel management and passport management.

1. Personnel management and passport management include:

Being responsible for personnel dispatched abroad for work or allowed to go abroad for personal reasons by themselves.

Manage diplomatic passports, official passports, and ordinary passports of officials and civil servants under their own agency immediately upon their return from abroad. In cases where officials do not voluntarily hand over their passports to the agency after returning from abroad, a formal letter must be sent immediately to the Ministry of Public Security (Department of Exit and Entry Administration) and the Ministry of Foreign Affairs (Consular Department or the Department of Foreign Affairs of Ho Chi Minh City) for joint handling.

For each departure of officials and civil servants, the head of the managing agency must ensure that they use the appropriate type of passport according to the nature of the trip. Diplomatic passports and official passports shall only be issued to officials and civil servants when traveling abroad for official purposes as stipulated in Article 5 or Article 6 of Decree No. 48/CP dated July 8, 1993 of the Government on Passports and Visas.

If it is discovered that officials or civil servants remain abroad beyond the permitted period, in accordance with Article 3 of Decision No. 957/1997/QD-TTg, the head of the managing agency must consider and decide on removing such officials or civil servants from the staff roster and immediately notify the Ministry of Public Security (Department of Exit and Entry Administration) and the Ministry of Foreign Affairs (Consular Department or the Department of Foreign Affairs of Ho Chi Minh City).

The passport management agency is responsible before the law for the management of passports of officials and civil servants under its jurisdiction. When a passport is lost, the passport management agency must immediately inform the Ministry of Public Security (Department of Exit and Entry Administration) to invalidate the passport. 2. In cases where there is a change in the position of officials or civil servants or if officials transfer to work at another agency, the managing agency must inform the Ministry of Foreign Affairs (Consular Department or the Department of Foreign Affairs of Ho Chi Minh City) about the change in position of officials or civil servants under its jurisdiction or about the transfer of work to modify the position in diplomatic passports or official passports of those officials or civil servants.

In cases where officials retire or leave the state agency's staff roster, if they still have diplomatic passports or official passports, the head of the managing agency must return these passports to the Ministry of Foreign Affairs (Consular Department or the Department of Foreign Affairs of Ho Chi Minh City) to stamp "Cancelled"; if they still have ordinary passports, they must return them to the individual concerned. In cases where officials die or go missing, the head of the managing agency must return all types of passports of those individuals to the passport issuing agency for management.

V. STAYING ABROAD BEYOND THE PERMITTED PERIOD:

1. In accordance with Article 4 of Decision No. 957/1997/QD-TTg, Vietnamese citizens who have departed abroad and did not return within the specified time, if they wish to enjoy protection of Vietnamese citizenship rights, must report to the Vietnamese diplomatic mission or consular office abroad or other Vietnamese representative offices abroad authorized to perform consular functions (hereinafter referred to as Vietnamese representative offices abroad).

Vietnamese representative offices abroad are responsible for requiring those who report to complete citizen registration procedures in accordance with the temporary regulations on procedures for registering Vietnamese citizens abroad (annexed to Decision No. 713/NG-QD dated May 17, 1997 of the Minister of Foreign Affairs) and guide them to report on staying abroad beyond the permitted period (departure date, purpose of departure, dispatching agency, permitted stay period abroad, reasons for exceeding the period; name, relationship, address of the sponsor or organization accepting employment). Vietnamese representative offices abroad must inform the Ministry of Foreign Affairs (Consular Department) and the Ministry of Public Security (Department of Exit and Entry Administration) of the list of those registered, and if they are officials, workers, employees, or military personnel, also send it to their managing agencies before departure.

2. For those who report staying abroad beyond the permitted period and holding diplomatic passports or official passports, Vietnamese representative offices abroad must recover these passports and stamp "Cancelled" on them. Vietnamese representative offices abroad issue ordinary passports if the individual does not fall into the categories of those not eligible for passports as stated in Point 6, Section VI of this Circular.

3. For those who report staying beyond the permitted period and holding ordinary passports, Vietnamese representative offices abroad allow them to continue using the passport. In cases where they are not eligible for passports, Vietnamese representative offices abroad must recover the ordinary passports.

4. For those holding diplomatic passports or official passports who remain abroad beyond the permitted period without reporting to Vietnamese representative offices abroad, Vietnamese representative offices abroad are responsible for notifying the invalidation of these passports after receiving notification from their managing agencies (through the Consular Department of the Ministry of Foreign Affairs).

VI. EXTENDING, SUPPLEMENTING, MODIFYING, REPLACING, AND ISSUING NEW PASSPORTS:

1. Extending, supplementing, and modifying passports abroad:

a. Thirty days before the passport expires, Vietnamese citizens abroad must apply to Vietnamese representative offices abroad for passport extension. The application includes:

A passport extension application form with attached photograph (according to the model);

2. For vessels departing the country, immediately upon receiving the notification from the vessel owner, the Saigon Port Authority must promptly inform relevant specialized state management agencies to timely process the vessel's departure formalities.

Written documentation or notice from the head of the managing agency regarding continued assignment to work abroad (for those holding diplomatic passports or official passports).

b. Vietnamese representative offices abroad will review and decide on extending valid passports whose validity period has expired. The extended validity period of the passport shall not exceed three years, calculated from the date the passport expires.

Vietnamese representative offices abroad will not extend passports for those applying for extension for the second time or more.

c. In cases where there is suspicion of an invalid passport (such as replacing photographs, pages, stitching, erasing, etc.) or unclear identity, Vietnamese representative offices abroad must notify the issuing agency in writing for verification and reply within twenty days. If there is no reply within twenty days, Vietnamese representative offices abroad will proceed with the decision on extension as stated in point b.

In cases involving complex personnel issues, the Vietnamese representative agency abroad shall only carry out extensions, modifications, or supplements after receiving comments from the Ministry of Public Security (Border Guard Department).

d. Based on the application for modification or supplementation of passports submitted by Vietnamese citizens abroad, the Vietnamese representative agency abroad shall modify or supplement passports for those cases with reasonable grounds for modification or supplementation.

2. Issuing a new passport due to damage, wear and tear, full pages, or expiration of validity period (for passports that have been extended once):

a. The applicant must personally submit an application to the Vietnamese representative agency abroad, including:

A passport application form (according to the model) accompanied by four 4x6 cm photos (if the applicant is under the management of a specialized department of the Vietnamese representative agency abroad, then the head of that department must confirm the contents of the application and affix a stamp over the photo on the application form).

The old passport (damaged, worn out, full pages, or expired).

b. The Vietnamese representative agency abroad is responsible for checking the old passport that is damaged, worn out, full pages, or expired. If it confirms that the passport is valid and not torn or dirty at the personal information page and the photo page, then the agency will issue a new passport.

The Vietnamese representative agency abroad stamps "Cancelled" on the old passport and attaches it to the file.

In cases where there is suspicion that the old passport has been tampered with or the photo replaced, making it torn or dirty at the personal information page or the photo page without ensuring the authenticity of the personal details and photo in the passport, the Vietnamese representative agency abroad must notify in writing the passport issuing authority of the necessary information (according to the model). Within twenty days, the passport issuing authority is responsible for replying; if there is no reply within twenty days, then the Vietnamese representative agency abroad will consider and decide on issuing a new passport.

In cases involving complex personnel issues, the Vietnamese representative agency abroad shall only carry out the issuance of a new passport after receiving comments from the Ministry of Public Security (Border Guard Department).

c. For individuals holding diplomatic or service passports who have been outside Vietnam for three months or more, the representative agency will only consider and decide to issue a new diplomatic or service passport upon receipt of confirmation from the Ministry of Foreign Affairs (Consular Department or Ho Chi Minh City Department of Foreign Affairs) that the competent authority has confirmed the individual's continued official mission abroad.

3. Reissuing a passport in case of loss of the old passport:

a. The applicant must personally submit an application to the Vietnamese representative agency abroad, including:

A passport application form accompanied by four photos as specified in point 2 above.

A statement detailing the loss of the old passport, specifying the number, date of issue, issuing authority, and passport code (if applicable), along with the reasons and circumstances of the loss.

A report of the lost passport with confirmation from the local police or immigration authority.

b. The Vietnamese representative agency abroad is responsible for reviewing the application and considering the reissue of the passport as follows:

For cases where the lost passport was issued by domestic authorities or other representative agencies:

The representative agency will notify the personal details and passport information (including photos) of the reported lost passport to the issuing authority for verification within twenty days. If there is no response from the issuing authority within this period, the representative agency will consider and decide on the reissue of the passport and bear responsibility for such decision.

If the applicant cannot accurately recall the number, date of issue, issuing authority, or passport code of the old passport, the representative agency will request relevant information to verify the identity of the person reporting the loss (such as departure date, passport numbers of accompanying persons, dispatching authority, etc.) and notify the issuing authority of all these details (including personal details and photos as mentioned above). In this case, the representative agency will only consider reissuing the passport if the issuing authority confirms the issuance of the old passport to the applicant.

In cases involving complex personnel issues, the Vietnamese representative agency abroad shall only carry out the reissuance of the passport after receiving comments from the Ministry of Public Security (Border Guard Department).

For cases where the lost passport was issued by the Vietnamese representative agency abroad previously or by domestic authorities or other representative agencies but the applicant has registered their citizenship with the representative agency, the Vietnamese representative agency abroad will compare the old passport issuance records or the citizenship registration files of the applicant kept at the agency, confirming the correct identity and personal details, then the agency will consider issuing a new passport. If the correct identity and personal details cannot be confirmed, the representative agency will notify the personal details and photos to the issuing authority for verification. The Vietnamese representative agency abroad will only reissue the passport after receiving agreement from the domestic authorities requested for verification.

For cases where the passport is reported lost and the applicant needs travel documents to return home, the Vietnamese representative agency abroad will notify the personal details and photos to the Ministry of Public Security (Border Guard Department). The Ministry of Public Security (Border Guard Department) will verify, and if confirmed as a Vietnamese citizen with a permanent residence address in Vietnam before leaving the country, they will notify the Vietnamese representative agency abroad to issue a travel permit for them to return home.

If the Vietnamese representative agency abroad already has the citizenship registration file of the individual, they will immediately issue a travel permit for them to return home and inform the Ministry of Public Security (Border Guard Department) accordingly.

As for those holding diplomatic passports or service passports who have been out of Vietnam for three months or more, the Vietnamese representative offices abroad shall only issue new diplomatic or service passports upon receipt of an electronic confirmation from the Ministry of Foreign Affairs (the Consular Department or the Foreign Affairs Office of Ho Chi Minh City) that the competent authority has confirmed the individual's continued official mission abroad.

When issuing a new passport to individuals who have lost their old passports, the Vietnamese representative offices abroad shall notify in writing the relevant authorities of the host country, the Ministry of Public Security (the Immigration Management Department), the Ministry of Foreign Affairs (the Consular Department), and the Ministry of National Defense (the Border Guard Command) about the cancellation of the old passports.

4. Issuing a new passport in cases of change in the nature of the trip:

The issuance of a new passport in cases of change in the nature of the trip shall be carried out according to Point III.1 of Certain Provisions on the Procedures and Formalities for Consular Work (issued together with Decision No. 297/NG-QĐ dated September 26, 1996 of the Minister of Foreign Affairs).

5. Sending lists and files of cases of passport extension, amendment, supplement, replacement, and reissue:

Within five days from the date of extension, amendment, supplement, replacement, or reissue of passports, the Vietnamese representative offices abroad shall send via telegraph to the Ministry of Foreign Affairs (the Consular Department) and the Ministry of Public Security (the Immigration Management Department) the list of cases where passports have been extended, supplemented, or amended (name, date of birth, number, type, date of issue, issuing authority, old passport code if applicable, extended until day, month, year; supplemented or amended at which point, reason).

The list of replaced and reissued passports includes the following items: serial number, full name; date of birth; place of birth, dispatching agency (if any); number, type, date of issue, new passport code; reason for replacement or reissue.

Thereafter, the Vietnamese representative offices abroad shall send the files of cases listed above to the Ministry of Public Security (the Immigration Management Department), except for cases where the Vietnamese representative offices abroad have notified and requested the Ministry of Public Security (the Immigration Management Department) to provide comments, as mentioned in Points 1, 2, 3, Section VI above.

6. Cases not granted extension, amendment, supplement, replacement, or reissue of passports:

Vietnamese citizens abroad belonging to any of the following cases shall not be granted extension, supplement, amendment, replacement, or reissue of passports:

Requesting extension, supplement, amendment, replacement, or reissue of passports with unclear reasons or detrimental to relations between Vietnam and the host country;

Currently enjoying refugee status;

Using fake passports to exit the country;

Falsifying documents to exit the country or exiting illegally;

Currently involved in civil, economic, or criminal lawsuits where domestic investigation agencies, prosecution offices, or courts are seeking them, issuing warrants for their arrest, or requesting their return to Vietnam for trial or resolution.

Engaging in activities harmful to Vietnam’s national security.

VII. PASSPORT REVOCATION:

1. The following cases shall have their passports revoked:

Individuals who are not permitted to exit the country according to Item III, Part A of Circular No. 02/TT-BNV dated April 30, 1995 of the Ministry of Public Security;

Passports that have been officially cancelled by authorized bodies.

2. In accordance with Clause 2, Article 2 of Decision No. 957/1997/QĐ-TTg, the Ministry of Public Security (the Immigration Management Department) shall be responsible for managing revoked passports and informing the Ministry of Foreign Affairs (the Consular Department) of the revocation of diplomatic and service passports.

VIII. IMPLEMENTATION:

1. The Ministry of Foreign Affairs (the Consular Department) shall inform other countries about the exemption of visa requirements for Vietnamese citizens, and inform countries with which Vietnam has signed agreements on visa exemptions about the use of symbols to apply visa-free entry under such agreements.

2. The Immigration Management Department of the Ministry of Public Security and the Consular Department of the Ministry of Foreign Affairs shall study and report to the leadership of both ministries on the use of fixed codes for various types of passports issued to Vietnamese citizens.

3. Based on their functions and responsibilities, the Ministry of Public Security (the Immigration Management Department) and the Ministry of Foreign Affairs (the Consular Department) shall guide relevant agencies, sectors, and localities to uniformly implement this Circular; compile the situation of Vietnamese citizens' entry and exit to report to the Prime Minister.

4. Any previous guidelines issued by the Ministry of Public Security and the Ministry of Foreign Affairs that conflict with this Circular shall be abolished.

This Circular takes effect fifteen days from the date of signature./.