This Circular details and guides the implementation of consular work both domestically and abroad, including organizational structure, issuance of consular documents, management of consular seals, record keeping, statistical reporting, and related matters. This Circular takes effect from September 15, 2023, replacing Circular No. 02/2020/TT-BNG.
适用范围
Consular Bureau, Department of Foreign Affairs of Ho Chi Minh City and Diplomatic Missions of the Ministry of Foreign Affairs
要点
- Provisions on the organizational structure for implementing consular work
- Guidance on the issuance of consular documents
- Management of consular seals
- Record keeping of consular files
- Statistical reporting on consular work
🌐 本文件的社会影响
- Enhancing efficiency and quality in handling consular work
- Ensuring transparency and accuracy in the issuance of consular documents
- Strengthening management of consular seals to prevent loss
❓ 常见问题
Which circular does this circular replace?
Circular No. 02/2020/TT-BNG dated February 14, 2020, issued by the Minister of Foreign Affairs on the organization and handling of consular affairs.
When does this circular take effect?
From September 15, 2023
Which agencies are responsible for organizing the implementation of this circular?
The Director of the Consular Bureau, the Director of the Department of Foreign Affairs of Ho Chi Minh City, the heads of diplomatic missions, and the heads of units under the Ministry of Foreign Affairs
全文
CIRCULAR
Regarding the organization of consular work
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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;
Pursuant to the Law on Legislative Regulatory Acts No. 80/2015/QH13 dated June 22, 2015; and the Law Amending and Supplementing Certain Provisions of the Law on Legislative Regulatory Acts No. 63/2020/QH14 dated June 18, 2020;
Pursuant to Decree No. 81/2022/NĐ-CP dated October 14, 2022 of 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 this Circular guiding the organization of consular work.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation and Applicability
1. This Circular stipulates the organization of consular work at the Consular Department, the Department of Foreign Affairs of Ho Chi Minh City, the Ministry's Office, and other diplomatic missions, consular posts, and other agencies 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 blank forms (hereinafter referred to as blank forms) are papers, items, and materials produced and printed by competent authorities in a pre-printed form for use in part or all of the processes of issuing consular documents such as: diplomatic passports, service passports, ordinary passports, and other travel documents as prescribed by law (with protective film); visas (stuck-on or separate); visa exemption certificates (stuck-on or separate); AB stamps; original birth certificates, copies of birth certificates, original marriage certificates, and other blanks as prescribed by law.
2. Consular documents include documents issued based on relevant laws related to the functions, tasks, and powers of the Consular Department, the Department of Foreign Affairs 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) Model No. 01/2023/NG-LS "List of issuance of diplomatic passports and service passports" applicable at the Consular Department, the Department of Foreign Affairs of Ho Chi Minh City, and the Diplomatic Missions;
b) Model No. 02/2023/NG-LS "List of extension of diplomatic passports and service passports" applicable at the Consular Department, the Department of Foreign Affairs of Ho Chi Minh City, and the Diplomatic Missions;
c) Model No. 03/2023/NG-LS "List of issuance of diplomatic notes requesting visa issuance" applicable at the Consular Department, the Department of Foreign Affairs of Ho Chi Minh City, and the Diplomatic Missions;
d) Model No. 04/2023/NG-LS "List of issuance of ordinary passports for Vietnamese citizens abroad" applicable at the Diplomatic Missions;
đ) Model No. 05/2023/NG-LS "List of issuance of ordinary passports under expedited procedures" applicable at the Diplomatic Missions;
e) Model No. 06/2023/NG-LS "List of issuance of visas" applicable at the Consular Department, the Department of Foreign Affairs of Ho Chi Minh City, and the Diplomatic Missions;
g) Model No. 07/2023/NG-LS "List of issuance of visa exemption certificates" applicable at the Diplomatic Missions;
h) Model No. 08a/2023/NG-LS "List of tracking judicial assistance" applicable at the Diplomatic Missions;
i) Model No. 08b/2023/NG-LS "List of tracking judicial assistance" applicable at the Consular Department;
k) Model No. 09a/2023/NG-LS "Report on statistical data on consular affairs" applicable at the Department of Foreign Affairs of Ho Chi Minh City;
l) Model No. 09b/2023/NG-LS "Report on statistical data on consular affairs" applicable at the Diplomatic Missions;
m) Model No. 10/2023/NG-LS "Minutes of inventory of damaged consular blank forms" applicable at the Consular Department, the Department of Foreign Affairs of Ho Chi Minh City, and the Diplomatic Missions;
n) Model No. 11/2023/NG-LS "Report on the use of consular blank forms" applicable at the Consular Department and the Department of Foreign Affairs of Ho Chi Minh City;
o) Model No. 12/2023/NG-LS "List of issuance of AB stamps" applicable at the Diplomatic Missions;
p) Model No. 13/2023/NG-LS "Register of receipt and dispatch of consular blank forms";
2. The lists, registers, minutes, and reports specified in Clause 1 of this Article must be carefully stored, preserved, and kept for use and to serve state management activities regarding consular work. In cases where technical conditions and information technology permit, the Consular Department, the Department of Foreign Affairs of Ho Chi Minh City, and the Diplomatic Missions shall digitize the aforementioned lists, registers, minutes, and reports for storage and retrieval.
Article 4. Authority to review and sign consular documents within the country
1. The Director of the Consular Department has the authority to review and sign the following types of documents and texts:
2. The allocation and delegation of authority to review and sign 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 allocation by 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 under the Consular Department the authority to review and sign the documents and texts specified in Clause 1 of this Article, except for the review and signing of issuance and extension of diplomatic passports, and documents sent to heads of representative offices or all representative offices.
c) In accordance with the delegation of the Director of the Consular Department and the allocation by the Head of functional Departments, the Deputy Heads of functional Departments under the Consular Department may sign on behalf of the Heads of functional Departments the documents and texts within their authority to review and sign.
4. The allocation and delegation of authority to review and sign 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 allocation by 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 review and 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 Heads of the Consular Department under the Department of Foreign Affairs of Ho Chi Minh City the authority to review and sign the documents and texts within his signing authority, except for the signing of issuance and extension of diplomatic passports.
c) In accordance with the delegation of the Director of the Department of Foreign Affairs of Ho Chi Minh City and the allocation by the Head of the Consular Department, the Deputy Heads of the Consular Department under the Department of Foreign Affairs of Ho Chi Minh City may review and sign on behalf of the Heads of the Consular Department the documents and texts within their signing authority.
Article 5. Authority to review, sign, and delegate authority to review and sign consular documents abroad
2. The delegation of authority to review and sign the documents specified in Clause 1 of this Article by the head of the representative agency is regulated as follows:
3. The process of delegating authority and terminating delegation is carried out according to the following provisions:
Chapter II
PROCEDURE AND PRINCIPLES FOR IMPLEMENTING CONSULAR WORK
Article 6. Procedure for issuing consular documents
1. The issuance of consular documents at the Consular Department, the Foreign Affairs Office of Ho Chi Minh City, and the 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) Receiving applications includes checking the validity and completeness of the application; issuing an application receipt and scheduling the delivery of results; issuing a pre-payment receipt (which may be combined with the application receipt and scheduling of result delivery); guiding the supplementation and completion of the application in cases where it is incomplete or inaccurate according to regulations; refusing to accept applications in cases where the conditions for resolution are not met; transferring applications that meet the conditions for resolution to the processing department.
b) Processing applications includes proposing solutions; reviewing proposed opinions; verifying and investigating if necessary; entering data, writing, printing, affixing business stamps (if applicable); reviewing and signing; affixing the national emblem stamp (if applicable); transferring processed applications to the result delivery department.
c) Delivering results includes final checks on processed applications (processing information, fees/taxes); delivering documents, requiring the recipient to sign for receipt or return the receipt; transferring applications to the archive department. For applications for civil status registration (birth, marriage...), the delivery of results shall be carried out in accordance with relevant legal regulations.
d) Archiving includes arranging, recording in ledgers or printing lists from the consular business software, storing resolved applications according to types of work, procedures, and chronological order of resolution.
đ) Fee and tax collection shall be carried out in accordance with the law.
2. The Director of the Consular Department, the Director of the Foreign Affairs Office of Ho Chi Minh City, and the head of the Diplomatic Mission shall organize the implementation of the consular document issuance procedure stipulated in Clause 1 of this Article in accordance with the law, the actual situation of the agency, and the provisions of Article 7 of this Circular. The content of the organization for implementation includes streamlining and adjusting the procedure to implement consular procedures in an electronic environment, digitizing applications and results of procedures, sharing information through related databases...
Article 7. Principles for Implementing Consular Work
1. Each staff member 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 undertake multiple stages within the document issuance process, but must ensure that no single individual resolves all aspects of the process as a closed loop. The person receiving the application file or proposing its handling shall not simultaneously be the person approving and signing the consular document; the approver and signer shall not simultaneously be the custodian and affixer of the state seal; the approver and signer shall not simultaneously be the manager of the blank consular stamp.
2. The stages of proposing solutions, reviewing proposed opinions, checking, verifying, submitting for approval, signing, and issuing the document in the application file processing procedure as stipulated in point b, Clause 1, Article 6 of this Circular must be carried out by civil servants of the Consular Department, the Foreign Affairs Office of Ho Chi Minh City, diplomatic officials, or consular officials of the representative office. Proposing solutions and reviewing proposed opinions must be documented in writing or directly recorded in the application file.
3. Individuals authorized to sign consular documents shall not sign consular documents directly related to themselves or their relatives as prescribed for the issuance procedures of such documents.
4. Responsibilities of the head and staff members of the representative office in consular work:
a) The head of the representative office directly directs the organization and implementation, oversees, urges, checks, and supervises consular work at the representative office, including:
Issuing procedures for resolving consular work at the representative office, clearly defining the functions, tasks, and responsibilities of the collective and each individual participating in the resolution process. Assigning staff with appropriate qualifications, character, ethics, and capabilities to participate in resolving consular work; issuing documents assigning tasks to each individual participating in resolving consular work (application file receiver; proposer of solution for the application file; returner of the application file; custodian and affixer of the state seal; signer of consular documents; manager of the blank consular stamp...). Staff assigned to handle and propose solutions for the application file must hold a Certificate of Completion of Consular Training Course still valid (at the time of assignment or at the time of approval by the Ministry of Foreign Affairs to serve the term at the representative office) issued by the Consular Department, except in cases where this certificate is exempted.
Procedures for resolving consular work and the roster of staff assigned to resolve consular work must be notified in writing to the Consular Department and the Cadre Organization Division.
b) The head of the representative office may delegate authority to a second person or one diplomatic/consular official to manage and organize the implementation of consular work at the representative office (hereinafter referred to as the consular work supervisor).
c) The head of the representative office is responsible before the Minister of Foreign Affairs and the law for consular work at the representative office. The consular work supervisor is responsible before the head of the representative office and the law for the execution of consular tasks and work delegated to them. Individuals participating in resolving consular work are responsible before the head and the consular work supervisor and the law for the execution of consular tasks and work they participate in resolving.
Article 8. Principles for Accepting Consular Documents
1. Consular documents must be accepted at the office of the receiving authority, except where laws permit acceptance through other forms.
2. For consular procedures where the applicant may submit documents through an authorized representative, an authorized organization, via postal service, or online, the receiving authority shall accept documents according to the regulations of that procedure.
3. The Director of the Ministry's Office, the Director of the Consular Department, the Director of the Ho Chi Minh City Department of Foreign Affairs, and the head of the representative agency shall establish by written document the procedures for accepting and processing consular documents through authorization or via postal service or online based on current legal provisions and guidance from the Consular Department, considering the specific situation of their unit or area.
4. Staff responsible for accepting documents shall examine and verify the accuracy and completeness of the documents; clearly state reasons for cases where conditions for acceptance and processing are not met; guide applicants to supplement and complete documents in accordance with regulations.
5. Representative agencies shall organize the acceptance of consular documents to meet the needs of processing consular procedures for citizens and based on the personnel situation of the representative agency, but must ensure a minimum of three working days per week at their office premises.
Article 9. Handover Work at Representative Agencies
1. When there is a job transfer or the end of a term of duty, staff involved in the consular process must fully hand over (white consular stamps, documents, files, and ongoing consular work...) to the designated recipient.
2. The handover must be recorded in a Handover Protocol (three copies, the handover person retains one copy, the recipient retains one copy, the representative agency keeps one copy) between the handover person and the recipient, confirmed by the head of the representative agency or the person in charge of consular work. Both the handover person and the recipient are responsible for the completeness and accuracy of the documents, files, and work handed over.
Article 10. Publicizing Information on Consular Procedures
1. Units under the Ministry of Foreign Affairs and representative agencies are responsible for publicly posting at their offices (in areas for document submission and result delivery) and on their electronic information portals: Information on consular procedures (submission methods, processing deadlines, document components, requirements and conditions, implementation procedures); reception rules; fees and charges; methods and schedules for document submission and processing; contact phone numbers and email addresses for the document submission and delivery department.
2. Units under the Ministry of Foreign Affairs and representative agencies are responsible for arranging suggestion boxes in areas for document submission and result delivery; conducting surveys on citizen satisfaction with administrative procedures. Staff accepting documents, delivering results, and interacting with individuals handling consular procedures must wear name badges during official duties.
Article 11. Prohibited Conduct in Administrative Procedure Processing
1. Acts of harassment, abuse of power, causing inconvenience, difficulties, extortion; giving or receiving money or gifts in any form from organizations and individuals seeking administrative procedure resolution, outside of officially disclosed fees and charges.
2. Disclosing information, documents, and related information about business secrets, personal privacy obtained during the execution of administrative procedures, except where the subject of the administrative procedure has agreed in writing or where permitted by law; using such information to harm the lawful rights and interests of others.
3. Unilaterally adding procedures, requirements, conditions, or types of documents beyond those prescribed.
4. Intentionally delaying the processing time for administrative procedures contrary to legal provisions.
5. Engaging in communication, behavior, and attire inconsistent with the Civil Service Cultural Regulations and the Code of Conduct of the Ministry of Foreign Affairs.
6. Returning non-compliant or insufficiently qualified documents without stating clear reasons.
Chapter III
MANAGEMENT OF WHITE STAMPS, DOCUMENT STORAGE, AND CONSULAR REPORTING REGIMES
Article 12. Management and Use of White Consular Forms
1. The Director of the Consular Department, the Director of the Foreign Affairs Department of Ho Chi Minh City, and the head of the representative office shall be responsible for organizing the storage and use of white consular forms to ensure compliance with regulations and procedures on the management and issuance of consular documents, security, and safety.
2. White consular forms that do not meet the standards for issuance or are damaged due to technical errors during issuance (collectively referred to as defective white consular forms) must be stamped "Cancelled" and handled according to the provisions of Article 16 of this Circular.
3. For defective white consular forms of the adhesive type (adhesive visas, adhesive visa exemption certificates, AB stamps, etc.) that have been affixed to passports and cannot be removed, the authority shall stamp "Cancelled" on the defective white consular form, issue a replacement form free of charge, and send copies of the defective white consular form, the replacement form, and the relevant page of the passport holder's passport to the Consular Department in accordance with Clause 2 of Article 16 of this Circular.
Article 13. Forecasting and Issuance of White Consular Forms within the Country
1. White consular forms issued to domestic agencies include diplomatic passports, service passports, visas (adhesive or separate), protective film for photographs, and other documents as prescribed by law.
2. Agencies using white consular forms within the country include the Consular Department and the Foreign Affairs Department of Ho Chi Minh City.
3. Each year in June, the Consular Department and the Foreign Affairs Department of Ho Chi Minh City base their forecasts on actual needs, the quantities used in previous years, and plan the number of each type of white consular form needed for the following year. The Foreign Affairs Department of Ho Chi Minh City shall notify the forecast in writing to the Consular Department. The Consular Department shall compile the forecasts, plan printing and purchasing of white consular forms, and ensure timely supply to support operations.
4. When there is a need to issue white consular forms, the Foreign Affairs Department of Ho Chi Minh City shall submit a written request to the Consular Department specifying the quantity of white consular forms requested and authorizing an officer from the agency or another agency to handle the receipt of white consular forms at the Consular Department. The authorized officer shall be responsible for handling the receipt procedures at the Consular Department and the Financial Management Department.
Article 14. Forecasting and Issuance of White Consular Forms to Representative Offices
1. White consular forms issued to representative offices include those types specified in Clause 1 of Article 2 of this Circular.
2. Each year in June, representative offices shall base their forecasts on actual needs, the quantities used in previous years, and plan the number of each type of white consular form needed for the following year, and notify the forecast in writing to the Consular Department. The Consular Department shall compile the forecasts of representative offices, plan printing and purchasing of white consular forms, and ensure timely supply to representative offices.
3. When there is a need to issue white consular forms, representative offices shall submit a written request to the Consular Department at least five working days before the expected date of receipt, specifying the quantity of each type of white consular form requested, and the officer holding a diplomatic passport authorized to handle the receipt of white consular forms at the Consular Department and transfer them to the representative office. The representative office may only authorize one officer to receive white consular forms at the Consular Department and bear responsibility for such authorization; the authorized officer may not delegate or hand over the receipt of white consular forms to others. If it is necessary to authorize an officer holding a service passport to handle the receipt of white consular forms, the representative office shall communicate in writing with the Consular Department at least seven working days before the expected date of receipt so that the Director of the Consular Department can review and decide.
Article 15. Storage, Withdrawal, and Inventory of Consular White Forms
1. The storage and withdrawal of consular white forms must be recorded promptly, accurately, and completely in the Register, according to Model No. 13/2023/NG-LS.
2. When receiving consular white forms from the authorized person specified in Clause 4, Article 13 and Clause 3, Article 14, the Department of Foreign Affairs of Ho Chi Minh City and the Diplomatic Agency shall prepare a Handover Protocol with such person. The Handover Protocol shall be prepared in at least two copies, each party retaining one copy, and shall include at minimum the following information: date of the Protocol; type and quantity of consular white forms; serial number of consular white forms (if applicable); name and signature of the person handing over and receiving the consular white forms.
3. The Consular Bureau, the Department of Foreign Affairs of Ho Chi Minh City, and the Diplomatic Agency shall conduct regular quarterly physical inventory of the actual quantity of consular white forms stored in the consular white form warehouse and at the consular department. Inventories shall also be conducted when there are changes in personnel (changes in the head of the diplomatic agency, consular work responsible person, white form manager, etc.) and when it is necessary to review reports. The inventory must be documented in a Protocol and retained by the entity conducting the inventory.
Article 16. Handling Damaged Consular White Forms
1. Handling damaged consular white forms when issued and used at the Consular Bureau and the Department of Foreign Affairs of Ho Chi Minh City:
a) The Consular Bureau and the Department of Foreign Affairs of Ho Chi Minh City shall be responsible for comparing the Report on the use of consular white forms, and quarterly prepare a Protocol for the inventory of damaged consular white forms according to Model No. 10/2023/NG-LS. The Department of Foreign Affairs shall send these Protocols along with newly damaged consular white forms generated during the period every six months to the Consular Bureau.
b) The Consular Bureau shall compile the number of damaged consular white forms generated within its unit; receive and inspect the number of damaged consular white forms transferred from the Department of Foreign Affairs of Ho Chi Minh City, compare them with the Protocol for the inventory of damaged consular white forms and the Report on the use of consular white forms for the same period, prepare a confirmation Protocol, and proceed to destroy the damaged consular white forms according to regulations.
2. Handling damaged consular white forms when issued and used at the Diplomatic Agency:
a) The Diplomatic Agency shall be responsible for comparing the Report on the stock of consular white forms, and quarterly prepare a Protocol for the inventory of damaged consular white forms according to Model No. 10/2023/NG-LS, seal the damaged consular white forms, and send these Protocols along with newly damaged consular white forms generated during the period every six months to the Consular Bureau.
b) The Consular Bureau shall receive and inspect the number of damaged consular white forms sent by the Diplomatic Agency, compare them with the Protocol for the inventory of damaged consular white forms and the Report on the stock of consular white forms for the same period, prepare a confirmation Protocol, and proceed to destroy the damaged consular white forms according to regulations.
3. Handling damaged consular white forms shall be conducted regularly quarterly and only address damaged consular white forms that have occurred during the reporting period of the Report on the use of consular white forms/Report on the stock of consular white forms of that quarter.
4. The Protocols for the inventory stipulated in Clause 1 and Clause 2 of this Article shall be submitted to the Consular Bureau no later than the 10th day of the month beginning the next quarter. In cases where the deadline for submitting statistical reports coincides with a weekly holiday or a public holiday as prescribed by Vietnamese law, the deadline for submitting periodic statistical reports shall be extended to the next working day after the holiday.
Article 17. Handling of old unused consular white forms
1. For old unused consular white forms that have lost their validity, the Consular Department, the Ho Chi Minh City Department of Foreign Affairs, and the representative offices shall handle them as damaged consular white forms as stipulated in Article 16 of this Circular.
2. In the "Notes" section of the Report on the use of consular white forms/Report on the stock inventory of consular white forms for the same period, it must clearly record the old consular white forms that were destroyed according to the Inventory Record of Damaged Consular White Forms under Form No. 10/2023/NG-LS (attached to the Report).
Article 18. Management and storage of consular records
1. The Consular Department, the Ho Chi Minh City Department of Foreign Affairs, and the representative offices shall establish and store two (02) types of records:
a) Principle files: including legal regulations, relevant international treaties, records and related documents concerning the establishment of Vietnamese and foreign consular agencies (for foreign consular agencies in Vietnam), memoranda, telegrams, guiding, directing, and managing consular work documents of the Ministry of Foreign Affairs and the Consular Department. Staff directly implementing consular work may access, study, and apply the provisions in these documents to the implementation of consular work.
b) Consular document issuance files are kept according to each type of work, procedure, and chronological order of resolution. The file components for storage include files submitted by the applicant or copies verified and returned with the original, documents serving as the basis for issuance according to each procedure's regulations, and other related documents for resolving the file. For cases of passport renewal, the file must be accompanied by a copy of the old passport.
2. The retention period for each type of file is specifically defined in the legal document governing the respective procedure. For procedures without guidance on retention periods, the following shall apply:
a) Ordinary passport issuance files shall be retained for ten years.
b) Ordinary passport issuance files under expedited procedures shall be retained for three years.
c) AB stamp issuance files shall be retained for two years.
d) Visa issuance files for foreigners shall be retained for one year, and visa issuance telegrams shall be retained for five years.
đ) Visa exemption certificate issuance files and visa issuance telegrams shall be retained for five years.
e) Permanently retain decisions on reacquiring Vietnamese citizenship, decisions on renouncing Vietnamese citizenship, and lists of individuals who have been granted renunciation of citizenship. For cases where reacquisition of Vietnamese citizenship or renunciation of Vietnamese citizenship is not granted, the representative office shall permanently retain the notification documents from the Ministry of Justice or the Consular Department and the notification documents from the representative office informing the applicant, along with accompanying documents returned to the applicant by the representative office. For cases where reacquisition of Vietnamese citizenship or renunciation of Vietnamese citizenship has not been granted, the representative office shall continue to retain the files of these cases until such time as they are granted reacquisition of Vietnamese citizenship or renunciation of Vietnamese citizenship.
3. The Consular Department, the Ho Chi Minh City Department of Foreign Affairs, and the representative offices shall appoint staff to manage, store, and preserve consular records and various ledgers for each type of consular work; implement management, storage, and permanent electronic data backup of software for issuing consular documents.
Article 19. Destruction of Consular Files
When the storage period expires as prescribed, the Consular Department, the Department of Foreign Affairs of Ho Chi Minh City, and the representative offices shall form a committee to destroy documents, conduct an inventory of the files to be destroyed, and prepare a Record of Document Destruction, specifying the type of files being destroyed. The destruction of files shall be carried out in accordance with the laws on archiving and protecting state secrets (for confidential documents within the files).
Article 20. Types of Registers
Except for registers issued according to legal regulations (Register of Birth Registration, Register of Marriage Registration...), other consular work registers shall be established according to a unified model. These registers shall be permanently stored, 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 21. 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 is responsible for sending the Statistical Report on Consular Data (Form No. 09a/2023/NG-LS) to the Consular Department for consolidation. Quarterly, the Department of Foreign Affairs of Ho Chi Minh City sends the Revenue Report on Consular Fees and Charges (according to the form issued by the Ministry of Finance) and the Usage Report on Consular White Paper (Form No. 11/2023/NG-LS) to the Financial Management Department, simultaneously sending them to the Consular Department.
b) Representative offices are responsible for: - Monthly, submitting the Revenue Report on Fees and the Revenue Report on Charges according to the form prescribed by the Ministry of Finance to the Consular Department and the Financial Management Department for consolidation of overseas consular work, statistics on the number of documents issued and fees and charges. - Twice a year, submitting the Statistical Report on Consular Data (Form No. 09b/2023/NG-LS) to the Consular Department for consolidation of consular work at representative offices, statistics on the number of documents issued, consular work performed, difficulties and recommendations (if any). - Monthly and annually, submitting the Inventory Report on Consular White Paper Usage to the Consular Department and the Financial Management Department according to the form issued by the Ministry of Finance.
2. The statistical data reporting period for the Statistical Report on Consular Data and the Usage Report on Consular White Paper/Inventory Report on Consular White Paper shall be synchronized with the data reporting period (by date) of the Revenue Report on Fees and the Revenue Report on Charges as guided by the Ministry of Finance, specifically: from the first day to the last day of the month (for monthly reports); from the first day to the last day of the quarter (for quarterly reports), from January 1 to June 30 of the year (for the first six months report) and from January 1 to December 31 of the year (for the annual report).
3. The reports specified in Clause 1 of this Article shall be transferred to the Consular Department no later than the 10th day of the following month/the beginning of the next quarter (for monthly/quarterly reports), July 10 (for the first six months report) and January 10 of the following year (for the annual report). In cases where the reporting deadline coincides with a weekly holiday or a public holiday as stipulated by Vietnamese 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 the reporting as prescribed in this Circular, representative offices shall also implement reporting according to the provisions of those procedures.
5. Quarterly, the Consular Department shall send the Statistical Report on Consular Data (number of diplomatic and official passports issued and renewed; number of visas issued; number of consular documents certified and legalized; number of letters requesting visa issuance; number of civil status documents...) to the Financial Management Department, and the Financial Management Department shall send the Statement of Revenue from Fees and Charges to the Consular Department.
Chapter IV
IMPLEMENTATION
Article 22. Implementation organization
1. The Director of the Consular Department, the Director of the Department of Foreign Affairs of Ho Chi Minh City, the head of representative offices, and the heads of units under the Ministry of Foreign Affairs are responsible for organizing the implementation of this Circular.
2. During the implementation process, if there are any difficulties, representative offices and the Department of Foreign Affairs of Ho Chi Minh City shall promptly reflect to the Consular Department for guidance and resolution within their authority or report to the leadership of the Ministry of Foreign Affairs for consideration and resolution.
Article 23. Responsibilities of Relevant Authorities
1. The Consular Department shall be responsible for assisting the Minister in directing, guiding, supervising, and inspecting consular work both domestically and abroad; monitoring and reporting on the implementation of this Circular.
2. The Ho Chi Minh City Department of Foreign Affairs and representative offices shall be responsible for organizing the implementation of consular work according to this Circular and following the business guidance of the Consular Department.
3. The Inspectorate shall take the lead in handling complaints and reports arising from the issuance of consular documents both domestically and abroad within its authority and in accordance with inspection regulations.
4. The Cadre and Civil Servant Organization Division shall advise the Ministry's leadership on staffing consular officers at representative offices in compliance with the standards and conditions stipulated in this Circular; taking the lead in conducting performance reviews and disciplinary actions against errant officials in consular work.
5. The Ministry’s Office shall assist the Minister in directing and guiding the control and administrative procedures related to consular work domestically within its functions and authority.
6. The Financial Management Department shall be responsible for leading work related to domestic and foreign consular fees and charges; coordinating with the Consular Department to collect domestic fees and charges; leading and coordinating with the Consular Department to guide the Ministry of Finance's regulations on the consolidated stock report form.
Article 24. Effective Date
This Circular takes effect from September 15, 2023, replacing Circular No. 02/2020/TT-BNG dated February 14, 2020, issued by the Minister of Foreign Affairs regarding the organization and handling of consular work./.
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