Circular No. 02/2020/TT-BNG on organizing the handling of consular affairs

CIRCULAR

Regarding the organization of consular work

Pursuant to the Law on State Agencies Abroad of the Socialist Republic of Vietnam No. 33/2009/QH12 dated June 18, 2009;

Pursuant to the Law Amending and Supplementing Certain Provisions of the Law on State Agencies Abroad of the Socialist Republic of Vietnam No. 19/2017/QH14 dated November 21, 2017;

BASED ON THE LAW ON ENACTING LEGAL DOCUMENTS NUMBER 80/2015/QH13 OF JUNE 22, 2015;

Pursuant to Decree No. 26/2017/NĐ-CP dated March 14, 2017, issued by the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Foreign Affairs;

At the proposal of the Director of the Consular Department,

THE MINISTER OF FOREIGN AFFAIRS ISSUES THE CIRCULAR GUIDING THE ORGANIZATION AND HANDLING OF CONSULAR WORK.

PART I

||| GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. THIS CIRCULAR REGULATES THE ORGANIZATION AND HANDLING OF CONSULAR WORK AT THE CONSULAR DEPARTMENT, THE FOREIGN AFFAIRS DEPARTMENT OF HO CHI MINH CITY, AND THE DIPLOMATIC MISSIONS, CONSULAR POSTS, AND OTHER AUTHORITIES AUTHORIZED TO PERFORM CONSULAR FUNCTIONS OF VIETNAM ABROAD (HEREINAFTER REFERRED TO AS THE DIPLOMATIC MISSIONS).

2. THIS CIRCULAR APPLIES TO UNITS AND INDIVIDUALS PERFORMING CONSULAR WORK AT THE MINISTRY OF FOREIGN AFFAIRS AND AT THE DIPLOMATIC MISSIONS.

Article 2. Consular blank forms and consular documents

1. CONSULAR BLANKS ARE DOCUMENTS, ITEMS, AND MATERIALS PRODUCED AND PRINTED IN A FORM TO BE USED IN PART OR ALL OF THE PROCESSES OF ISSUING CONSULAR DOCUMENTS SUCH AS: PASSPORTS (DIPLOMATIC, SERVICE, ORDINARY), PHOTO PROTECTIVE FILMS, AND OTHER TRAVEL DOCUMENTS WITH ENTRY AND EXIT VALIDITY AS PROVIDED BY LAW; VISA (STICKER, SEPARATE); VISA-FREE CERTIFICATE (STICKER, SEPARATE); AB STAMP; ORIGINAL BIRTH CERTIFICATE, ORIGINAL MARRIAGE CERTIFICATE, AND OTHER BLANKS AS PROVIDED BY LAW.

2. CONSULAR DOCUMENTS INCLUDE DOCUMENTS ISSUED BASED ON LAWS RELATING TO THE FUNCTIONS, TASKS, AND POWERS OF THE CONSULAR DEPARTMENT, THE FOREIGN AFFAIRS DEPARTMENT OF HO CHI MINH CITY, AND THE DIPLOMATIC MISSIONS.

Article 3. Models of lists, registers, minutes, and reports

1. This Circular annexes models of lists, registers, minutes, and reports serving consular work as follows:

a) FORM NO. 01/2020/NG-LS "LIST FOR ISSUE OF DIPLOMATIC AND SERVICE PASSPORTS" APPLIES AT THE CONSULAR DEPARTMENT, THE FOREIGN AFFAIRS DEPARTMENT OF HO CHI MINH CITY, AND THE DIPLOMATIC MISSIONS;

b) FORM NO. 02/2020/NG-LS "LIST FOR EXTENSION, AMENDMENT, AND SUPPLEMENTATION OF DIPLOMATIC AND SERVICE PASSPORTS" APPLIES AT THE CONSULAR DEPARTMENT, THE FOREIGN AFFAIRS DEPARTMENT OF HO CHI MINH CITY, AND THE DIPLOMATIC MISSIONS;

c) FORM NO. 03/2020/NG-LS "LIST FOR ISSUE OF DIPLOMATIC NOTES REQUESTING VISA ISSUANCE" APPLIES AT THE CONSULAR DEPARTMENT, THE FOREIGN AFFAIRS DEPARTMENT OF HO CHI MINH CITY, AND THE DIPLOMATIC MISSIONS;

d) FORM NO. 04/2020/NG-LS "LIST FOR ISSUE OF ORDINARY PASSPORTS FOR VIETNAMESE CITIZENS ABROAD" APPLIES AT THE DIPLOMATIC MISSIONS;

đ) FORM NO. 05/2020/NG-LS "LIST FOR AMENDMENT AND SUPPLEMENTATION OF ORDINARY PASSPORTS FOR VIETNAMESE CITIZENS ABROAD" APPLIES AT THE DIPLOMATIC MISSIONS;

e) FORM NO. 06/2020/NG-LS "LIST FOR ISSUE OF PASSPORTS" APPLIES AT THE DIPLOMATIC MISSIONS;

g) FORM NO. 07/2020/NG-LS "LIST FOR ISSUE OF VISAS" APPLIES AT THE CONSULAR DEPARTMENT, THE FOREIGN AFFAIRS DEPARTMENT OF HO CHI MINH CITY, AND THE DIPLOMATIC MISSIONS;

h) FORM NO. 08/2020/NG-LS "LIST FOR ISSUE OF VISA-FREE CERTIFICATES" APPLIES AT THE DIPLOMATIC MISSIONS;

i) FORM NO. 09/2020/NG-LS "LIST FOR TRACKING JUDICIAL COMMISSIONS" APPLIES AT THE CONSULAR DEPARTMENT AND THE DIPLOMATIC MISSIONS;

k) FORM NO. 10a/2020/NG-LS "STATISTICAL REPORT ON CONSULAR MATTERS" APPLIES AT THE FOREIGN AFFAIRS DEPARTMENT OF HO CHI MINH CITY;

l) FORM NO. 10b/2020/NG-LS "STATISTICAL REPORT ON CONSULAR MATTERS" APPLIES AT THE DIPLOMATIC MISSIONS;

m) FORM NO. 11/2020/NG-LS "INVENTORY RECORD OF DAMAGED CONSULAR BLANKS" APPLIES AT THE CONSULAR DEPARTMENT, THE FOREIGN AFFAIRS DEPARTMENT OF HO CHI MINH CITY, AND THE DIPLOMATIC MISSIONS;

n) FORM NO. 12/2020/NG-LS "REPORT ON USE OF CONSULAR BLANKS" APPLIES AT THE CONSULAR DEPARTMENT, THE FOREIGN AFFAIRS DEPARTMENT OF HO CHI MINH CITY, AND THE DIPLOMATIC MISSIONS;

o) FORM NO. 13/2020/NG-LS "LIST FOR ISSUE OF AB STAMPS" APPLIES AT THE DIPLOMATIC MISSIONS.

2. THE LISTS, REGISTERS, MINUTES, AND REPORTS PROVIDED FOR IN CLAUSE 1 OF THIS ARTICLE MAY BE CREATED AND DATA EXTRACTED FROM THE CONSULAR SOFTWARE APPLICATIONS AT THE CONSULAR DEPARTMENT, THE FOREIGN AFFAIRS DEPARTMENT OF HO CHI MINH CITY, AND THE DIPLOMATIC MISSIONS WHEN TECHNICAL CONDITIONS ALLOW, FOR STORAGE AND REFERENCE WHEN NECESSARY.

Article 4. Authority to Sign and Delegation of Signature for Consular Documents within the Country

1. The Director of the Consular Department has the authority to sign the following types of documents and texts:

a) Issuing, extending, amending, and supplementing diplomatic passports and service passports;

b) Signing diplomatic notes sent to foreign representative agencies;

c) Issuing visas and extending temporary residence permits for foreigners under the management authority of the Ministry of Foreign Affairs;

d) Signing consular legalization, consular certification, and certification of documents and materials presented at the Ministry of Foreign Affairs;

đ) Signing notifications or instructions on consular administrative procedures for local foreign affairs agencies and foreign representative agencies;

e) Issuing landing and take-off permits for foreign special aircraft carrying guests of the Party and State, and flights accompanying or conducting advance missions for such special aircraft operating civil aviation activities in Vietnam;

g) Signing issuance of certified copies of civil status records for events registered at foreign representative agencies and other documents as prescribed by law.

2. The delegation of signature for various types of documents and texts by the Director of the Consular Department shall be carried out according to the following provisions:

a) In accordance with the assignment of the Director of the Consular Department, the Deputy Director of the Consular Department may sign on behalf of the Director of the Consular Department the documents specified in Clause 1 of this Article.

b) The Director of the Consular Department may delegate to the Heads of functional Departments within the Consular Department the signing of the documents and texts specified in Clause 1 of this Article, except for issuing, extending, amending, and supplementing diplomatic passports, and sending documents to the Heads of foreign representative agencies or all foreign representative agencies.

c) In accordance with the delegation of the Director of the Consular Department and the assignment of the Heads of functional Departments of the Consular Department, the Deputy Heads of functional Departments of the Consular Department may sign on behalf of the Heads of Departments the documents and texts within their signing authority.

3. The Director of the Department of Foreign Affairs of Ho Chi Minh City has the authority to sign the documents specified in points a and c of Clause 1 of this Article for subjects from Da Nang city southward; sign the documents specified in points b and d of Clause 1 of this Article.

4. The delegation of signature for various types of documents and texts by the Director of the Department of Foreign Affairs of Ho Chi Minh City shall be carried out according to the following provisions:

a) In accordance with the assignment of the Director of the Department of Foreign Affairs of Ho Chi Minh City, the Deputy Director of the Department of Foreign Affairs of Ho Chi Minh City may sign on behalf of the Director of the Department of Foreign Affairs of Ho Chi Minh City the documents and texts specified in Clause 3 of this Article.

b) The Director of the Department of Foreign Affairs of Ho Chi Minh City may delegate to the Head of the Consular Department within the Department of Foreign Affairs of Ho Chi Minh City the signing of the documents and texts within his signing authority, except for issuing, extending, amending, and supplementing diplomatic passports.

c) In accordance with the delegation of the Director of the Department of Foreign Affairs of Ho Chi Minh City and the assignment of the Head of the Consular Department, the Deputy Head of the Consular Department within the Department of Foreign Affairs of Ho Chi Minh City may sign on behalf of the Head of the Consular Department the documents and texts within his signing authority.

5. Before implementing the signing, the signatures of those with authority, those assigned, and those delegated to sign various types of documents and texts as stipulated in Clauses 1, 2, 3, and 4 of this Article shall be introduced by the Consular Department and the Department of Foreign Affairs of Ho Chi Minh City to foreign diplomatic agencies, consular agencies of foreign countries in Vietnam, relevant domestic agencies, and foreign representative agencies.

Article 5. Authority to Sign and Delegate Signing of Consular Documents Abroad

1. The head of the diplomatic mission has the authority to sign for issuing, extending, amending, and supplementing various types of passports and travel documents; signing diplomatic notes sent to foreign agencies; signing for issuing various types of visas; signing for issuing visa exemptions; notarizing, certifying, and legalizing consular documents and materials; signing documents related to civil status, nationality, and other consular-related documents as prescribed by law.

2. Delegation of signing authority for the documents mentioned in Clause 1 of this Article by the head of the diplomatic mission shall be regulated as follows:

a) The head of the diplomatic mission may delegate to diplomatic officials performing consular functions or consular officials to sign the documents mentioned in Clause 1 of this Article; the delegation of signing for issuing, extending, amending, and supplementing diplomatic passports shall be carried out according to the provisions of point c of this Clause.

b) The person delegated must meet the standards prescribed in Article 17 of the Law on Diplomatic Missions of the Socialist Republic of Vietnam Abroad and must have a Certificate of Completion of Consular Training Course still valid, except in cases where such a certificate is exempted. Based on actual conditions and requirements of consular work at the location, the head of the diplomatic mission decides the number of persons authorized to sign consular documents but not exceeding three (03) persons. For diplomatic missions with a large volume of consular work, the diplomatic mission exchanges and agrees in writing with the Consular Department to report to the leadership of the Ministry of Foreign Affairs for consideration and decision on the number of persons authorized to sign consular documents, but it is necessary to ensure that the total number of persons authorized to sign consular documents at the diplomatic mission does not exceed five (05) persons.

c) The head of the diplomatic mission may consider delegating to a diplomatic official performing consular functions or consular official among those authorized under point b of this Clause to perform the signing for issuing, extending, amending, and supplementing diplomatic passports. The diplomatic official performing consular functions or consular official authorized under this provision only performs the signing for issuing, extending, amending, and supplementing diplomatic passports when the head of the diplomatic mission cannot sign or is absent.

3. The process of delegation and termination of delegation shall be implemented as follows:

a) The delegation and termination of delegation to sign consular documents by the head of the diplomatic mission (or deputy authorized) shall be notified in writing to the Consular Department. The content of the delegation notification letter clearly states the name, position of the person delegated, new or replacement staff, scope of delegation, delegation period, termination date for the person replaced or assigned other tasks (if any) along with information about completion of consular training course and nine samples of the person's signature.

b) Within five working days from the date of receipt of the delegation notification letter, based on the provisions of Clause 2 of this Article, the Consular Department replies in writing to the diplomatic mission regarding acceptance or non-acceptance of the delegation; clearly stating the reasons for non-acceptance.

c) The person delegated shall carry out the signing of consular documents after receiving the written notification from the Consular Department accepting the delegation.

d) The Consular Department is responsible for notifying the signature sample of the person delegated, the scope of delegation, the start date of delegation, and the termination of delegation to the Ho Chi Minh City Department of Foreign Affairs, Immigration Management Department (Ministry of Public Security), Border Guard Command (Ministry of National Defense), Civil Status, Nationality, and Notarization Department (Ministry of Justice), and other relevant agencies.

đ) The diplomatic mission is responsible for introducing the signature sample and the scope of delegation of the person delegated to sign consular documents to the relevant agencies of the foreign country after the Consular Department notifies the acceptance of the delegation.

e) In case the person delegated commits serious violations while carrying out the signing of consular documents, the head of the diplomatic mission shall revoke or terminate the delegation according to their authority, upon the proposal of the Director of the Consular Department or the directive of the leadership of the Ministry of Foreign Affairs.

g) The Consular Department and the diplomatic mission are responsible for managing and retaining indefinitely the delegation and termination notification letters as specified in point a of this Clause.

PART II

PROCEDURE AND PRINCIPLES FOR ISSUING CONSULAR DOCUMENTS

Article 6. Procedure for issuing consular documents

1. Issuing consular documents at the Consular Department, Ho Chi Minh City Department of Foreign Affairs, and diplomatic missions shall be carried out according to a procedure consisting of steps including receiving applications, processing applications, delivering results, and archiving, specifically as follows:

a) The application receiving step includes checking the validity and completeness of the application; issuing an application receipt and scheduling the delivery of results; issuing a pre-payment receipt or fee invoice; guiding supplementary application materials for cases not meeting the conditions for resolution; refusing to accept applications for cases not meeting the conditions for resolution; transferring applications meeting the conditions for resolution to the processing department.

b) The application processing step includes proposing solutions; approving proposed opinions; verifying and investigating if necessary; entering data, writing, printing, stamping; submitting for signature and issuing; affixing the national emblem; transferring processed applications to the result delivery department.

c) The result delivery step includes final checking of processed applications (processing information, fees/fees); delivering documents, requiring the recipient to sign for receipt or return the receipt; transferring applications to the archive department.

d) The archiving step includes arranging, registering in ledgers or printing lists from the consular business software, storing resolved applications according to type of work, procedures, and chronological order.

đ) Fee collection may be carried out at the application receiving step or the result delivery step for individuals and organizations when issuing consular documents and shall be publicly announced and posted at the application receiving and result delivery department or as prescribed in Article 9 of this Circular.

2. The Director of the Consular Affairs Department, the Director of the Foreign Affairs Department of Ho Chi Minh City, and the Head of the representative agency shall implement the consular document issuance process as prescribed in Clause 1 of this Article in accordance with the actual situation of their agencies and as stipulated in Article 7 of this Circular.

Article 7. Principles for Handling

1. Each officer responsible for processing shall be accountable for one or several stages of the consular document issuance process. In places where the volume of consular work is not significant or there are insufficient staff to handle each stage separately, one person may perform multiple stages within the consular document issuance process, but it must ensure that no single individual resolves the entire process independently; the invoice writer shall not simultaneously collect payment; the signer shall not simultaneously hold and affix the national emblem seal; the signer or holder and affixer of the national emblem seal shall not simultaneously manage blank consular stamps.

2. The stages proposing solutions, reviewing proposed opinions, checking, verifying, presenting for signature, and signing for issuance as specified in point b of Clause 1 of Article 6 of this Circular must be carried out by civil servants of the Consular Affairs Department, the Foreign Affairs Department of Ho Chi Minh City, or diplomatic or consular officials of the representative agency.

Article 8. Principles for Accepting Consular Documents

1. Consular files must be received at the agency's headquarters, except in cases where the law permits receipt outside the headquarters.

2. For consular procedures where the applicant can submit the file through an authorized person, an authorized agency, or via postal service, the Consular Affairs Department, the Foreign Affairs Department of Ho Chi Minh City, and the representative agency shall receive the file according to the regulations of that procedure.

3. The Director of the Consular Affairs Department, the Director of the Foreign Affairs Department of Ho Chi Minh City, and the Head of the representative agency shall base on specific circumstances at their units and areas to establish by written regulation the reception and handling of consular files through authorization or via postal service based on current legal provisions and guidance from the Consular Affairs Department.

Article 9. Publicizing Regulations on Procedures

The Consular Affairs Department, the Foreign Affairs Department of Ho Chi Minh City, and the representative agency have the responsibility to publicly post at their headquarters and on their electronic information portal the current regulations on consular document issuance procedures, fees, and schedules for receiving visitors.

Chapter III

MANAGEMENT OF BLANK STAMPS,

STORAGE OF FILES AND CONSULAR REPORTING SYSTEMS

Article 10. Management and Usage System for Blank Consular Stamps

1. Blank consular stamps shall be managed and protected like confidential documents. The Director of the Consular Affairs Department, the Director of the Foreign Affairs Department of Ho Chi Minh City, and the Head of the representative agency shall organize the storage and usage of blank consular stamps to ensure compliance with regulations and procedures for managing and issuing consular documents, security, and safety.

2. Blank consular stamps that are not up to standard for issuance or damaged due to technical errors during issuance (collectively referred to as damaged blank consular stamps) must be stamped "Cancelled" and disposed of according to the provisions of Article 13 of this Circular.

3. For damaged blank consular stamps of the sticker type (sticker visas, sticker visa exemption certificates, AB stickers) that have been affixed to passports by the representative agency and cannot be removed, the agency shall stamp "Cancelled" on the damaged blank consular stamp, issue a replacement free of charge. Copies of the damaged blank consular stamp, the replacement, and the passport holder's personal page shall be sent to the Consular Affairs Department as stipulated in Clause 2 of Article 13 of this Circular.

Article 11. Forecasting and Issuing White Consular Documents within the Country

1. White consular documents issued for domestic agencies include diplomatic passports, service passports, visas (stuck-on or separate), protective film for photographs, and other travel documents with legal validity as prescribed by law.

2. Agencies using white consular documents within the country include the Consular Department and the Foreign Affairs Office of Ho Chi Minh City.

3. In November each year, the Consular Department and the Foreign Affairs Office of Ho Chi Minh City base on actual needs, the quantity used in previous years, forecast the quantity of various types of white consular documents to be used in the following year. The Consular Department compiles the forecast, plans printing and purchasing of white consular documents, ensuring timely supply for work purposes.

4. When there is a need to issue white consular documents, the Foreign Affairs Office of Ho Chi Minh City sends a document to the Consular Department specifying the quantity of white consular documents requested and the delegation of authority to agency staff or staff from another agency to handle the receipt of white consular documents at the Consular Department. The delegated staff is responsible for handling procedures at the Consular Department and the Financial Management Department to receive white consular documents.

Article 12. Forecasting and Issuing White Consular Documents for Diplomatic Missions

1. White consular documents issued for diplomatic missions include those specified in Clause 1 of Article 2 of this Circular.

2. In November each year, diplomatic missions base on actual needs, the quantity used in previous years, forecast the quantity of various types of white consular documents to be used in the following year and notify the Consular Department in writing. The Consular Department compiles the forecasts of diplomatic missions, plans printing and purchasing of white consular documents, ensuring timely supply for diplomatic missions.

3. When there is a need to issue white consular documents, diplomatic missions send a document to the Consular Department specifying the quantity of each type of white consular document requested, and the delegated staff with a diplomatic passport handles the receipt of white consular documents at the Consular Department and transfers them to the diplomatic mission. The diplomatic mission is responsible for such delegation. If it is necessary to delegate a staff member with a service passport to handle the receipt of white consular documents and transfer them to the diplomatic mission, the diplomatic mission exchanges in writing with the Consular Department to report to the Ministry of Foreign Affairs for consideration and decision.

Article 13. Handling Damaged White Consular Documents

1. The handling of white consular documents that are not up to standard for issuance, damaged due to technical errors during issuance or use at the Consular Department and the Foreign Affairs Office of Ho Chi Minh City is regulated as follows:

a) The agency mentioned in Article 1 of this Circular establishes an Inspection Committee comprising representatives of unit leadership, relevant functional departments, and white consular document management staff. The Inspection Committee is responsible for inspecting all damaged white consular documents, preparing an Inspection Report on Damaged White Consular Documents according to Form No. 11/2020/NG-LS.

b) The Consular Department compiles the number of damaged white consular documents generated by its own unit; receives and inspects the damaged white consular documents transferred from the Foreign Affairs Office of Ho Chi Minh City, compares with the Inspection Report on Damaged White Consular Documents and the Usage Report of White Consular Documents for the same period, prepares a confirmation report, and proceeds to destroy the damaged white consular documents according to regulations.

2. The handling of white consular documents that are not up to standard for issuance, damaged due to technical errors during issuance or use at diplomatic missions is regulated as follows:

a) Diplomatic missions establish an Inspection Committee comprising the Head or Deputy Head of the diplomatic mission, the Consular Section Chief or consular affairs officer, and white consular document management staff. The Inspection Committee is responsible for inspecting all damaged white consular documents, preparing an Inspection Report on Damaged White Consular Documents according to Form No. 11/2020/NG-LS, sealing and sending the report along with the Inspection Report on Damaged White Consular Documents to the Consular Department.

b) The Consular Department receives and inspects the damaged white consular documents sent back by diplomatic missions, compares with the Inspection Report on Damaged White Consular Documents and the Usage Report of White Consular Documents for the same period, prepares a confirmation report, and proceeds to destroy the damaged white consular documents according to regulations.

3. The handling of damaged white consular documents is carried out periodically every six (06) months or quarterly and only deals with damaged white consular documents generated during the reporting period of the Usage Report of White Consular Documents.

Article 14. Management and storage of consular records

1. The Consular Department, the Ho Chi Minh City Department of Foreign Affairs, and the representative agencies shall establish and store two (02) types of records as follows:

a) Fundamental records: including legal regulations, international treaties relevant to the establishment of Vietnamese and foreign consular offices (for foreign consular offices in Vietnam), documents, and related materials, circulars, directives, and instructions on consular work issued by the Ministry of Foreign Affairs and the Consular Department. Direct consular staff may access, study, and apply these provisions in implementing consular work.

b) Consular document issuance records shall be stored according to each type of task, procedure, and chronological order of resolution.

The components of stored records include records submitted by the parties or copies thereof after consular officers have compared and returned the originals, documents serving as the basis for issuance according to the stipulated procedures, and other related documents involved in resolving the records;

In cases of passport renewal, the record must clearly state the old passport number or include a copy of the old passport.

2. The retention period for each type of record is as follows:

a) Records for issuing, extending, amending, and supplementing diplomatic passports, service passports, and letters of introduction for visa issuance shall be numbered sequentially and retained for eight (08) years.

b) Records for issuing, amending, and supplementing ordinary passports shall be retained for ten (10) years.

c) Records for issuing travel permits shall be retained for three (03) years.

d) Records for issuing AB stamps shall be retained for two (02) years.

đ) Records for issuing visas to foreigners shall be retained for one (01) year, telegrams for visa issuance shall be retained for five (05) years.

e) Records for issuing Visa Exemption Certificates and telegrams for Visa Exemption Certificates shall be retained for five (05) years.

g) Permanently retain Decisions on Reinstatement of Vietnamese Citizenship, Decisions on Renunciation of Vietnamese Citizenship, and lists of individuals who have been granted renunciation of citizenship. For cases where reinstatement of Vietnamese citizenship or renunciation of Vietnamese citizenship is not granted, the representative agency shall permanently retain the notification from the Ministry of Justice or the Consular Department and the notification from the representative agency informing the applicant, along with accompanying documents returned to the applicant by the representative agency. For cases where reinstatement of Vietnamese citizenship or renunciation of Vietnamese citizenship has not yet been granted, the representative agency shall continue to retain the records until such reinstatement or renunciation is granted.

h) Records for handling nationality and household registration procedures shall be permanently retained. If these records have been digitized for electronic storage, they may be destroyed after five (05) years from the date of digitization. The destruction of records after digitization for electronic storage shall be carried out in accordance with Article 15 of this Circular. Electronic data of records for handling nationality and household registration procedures shall be permanently retained in accordance with Clause 3 of this Article.

i) Household registers shall be permanently retained.

k) Consular certification and legalization of documents and materials: shall be retained for ten (10) years for Consular Certification and Legalization Registers, computer management software, records of forged or improperly issued documents, and verification-related documents; retained for three (03) years for other consular certification and legalization records.

l) Notarized records shall be retained for at least twenty (20) years.

m) Authentication records: shall be retained for two (02) years for authentication of signatures and translator signatures; permanently retained for Authentication Registers.

3. The Consular Department, the Ho Chi Minh City Department of Foreign Affairs, and the representative agencies shall appoint staff to manage, store, and preserve consular records and various registers for different consular tasks; implement management, storage, and backup of electronic data belonging to software for issuing consular documents with permanent retention.

Article 15. Destruction of Consular Files

When the storage period expires as prescribed, the Consular Bureau, the Department of Foreign Affairs of Ho Chi Minh City, and the representative offices shall establish a committee to destroy documents, conduct an inventory of the destroyed files, prepare a Record of Document Destruction specifying the quantity and type of files destroyed. The destruction of files shall be carried out in accordance with the laws on archiving.

Article 16. Types of Registers

Registers for each type of consular work shall be established according to a unified model and stored permanently, except for the Consular Certification Register and the Legalization Register which shall be stored in accordance with the laws on consular certification and legalization.

Article 17. Periodic Reporting System

1. The consular statistical reporting work is regulated as follows:

a) Twice a year, the Department of Foreign Affairs of Ho Chi Minh City shall be responsible for submitting Statistical Reports on Consular Affairs (Form No. 10a/2020/NG-LS) and Reports on the Use of White Consular Forms (Form No. 12/2020/NG-LS) to the Consular Bureau for consolidation of consular work situations, statistics on the number of issued documents, and consular work performed by the Department of Foreign Affairs. Revenue Reports and Fee Collection Reports (according to forms issued by the Ministry of Finance) shall be submitted by the Department of Foreign Affairs of Ho Chi Minh City to the Financial Management Bureau, and concurrently sent to the Consular Bureau to monitor the use of white consular forms.

b) Monthly, the representative offices shall be responsible for submitting Revenue Reports and Fee Collection Reports according to the forms prescribed by the Ministry of Finance to the Consular Bureau and the Financial Management Bureau for consolidation of consular work outside the country, statistics on the number of issued documents, and consular fees collected.

c) Twice a year, the representative offices shall be responsible for submitting Statistical Reports on Consular Affairs (Form No. 10b/2020/NG-LS) to the Consular Bureau for consolidation of consular work situations at the representative offices, statistics on the number of issued documents, consular work performed, difficulties, and recommendations (if any).

d) Quarterly and annually, the representative offices shall submit to the Consular Bureau Reports on the Use of White Consular Forms (Form No. 12/2020/NG-LS).

2. The statistical data reporting period for Statistical Reports on Consular Affairs and Reports on the Use of White Consular Forms shall be synchronized with the statistical data reporting period (by date) of Revenue Reports and Fee Collection Reports as guided by the Ministry of Finance, specifically: from the last day of the quarter before the 26th of the month to the end of the 25th of the last month of the next quarter (for quarterly reports), from December 21 of the previous year to June 25 of the following year (for the first six months report), and from December 21 of the previous year to December 20 of the following year (for annual reports).

3. The Reports specified in point a, c, and d of Clause 1 of this Article shall be transferred to the Consular Bureau no later than the 10th day of the month beginning the next quarter (for quarterly reports), July 10 (for the first six months report), and January 10 of the following year (for annual reports). In cases where the reporting deadline coincides with a weekly holiday or a public holiday as prescribed by law, the deadline for periodic statistical reports shall be extended to the next working day after the holiday.

4. For administrative procedures that have specific reporting deadlines, time points, and forms, in addition to implementing reports under this Circular, the representative offices shall also implement reports according to the provisions of those procedures.

Chapter IV

IMPLEMENTATION

Article 18. Implementation Organization

1. The Director of the Consular Bureau, the Director of the Department of Foreign Affairs of Ho Chi Minh City, the Head of the representative offices, and the Heads of units under the Ministry of Foreign Affairs shall be responsible for organizing the implementation of this Circular.

2. During the implementation process, if there are any difficulties, the representative offices and the Department of Foreign Affairs of Ho Chi Minh City shall promptly reflect them to the Consular Bureau for guidance and resolution within their authority, or report to the leadership of the Ministry of Foreign Affairs for consideration and resolution.

Article 19. Effective Date

This Circular takes effect from April 1, 2020, replacing Decisions No. 05/2002/QĐ-NG dated July 30, 2002, of the Minister of Foreign Affairs promulgating Regulations on the Organization of Consular Work, and Decision No. 07/2003/QĐ-BNG dated March 19, 2003, of the Minister of Foreign Affairs amending and supplementing certain points of the Regulations on the Organization of Consular Work issued together with Decision No. 05/2002/QĐ-NG dated July 30, 2002./.