Joint Circular No. 04/2005/TTLT-BCA-BNG on Amending and Supplementing Joint Circular No. 06/TT-LT dated January 29, 1997 of the Ministry of Public Security and the Ministry of Foreign Affairs guiding the implementation of Decision No. 875/TTg dated November 21, 1996 of the Prime Minister.

JOINT CIRCULAR

Regarding the amendment and supplementation of Circular Joint Circular No. 06/TT-LT dated January 29, 1997

of the Ministry of Public Security and the Ministry of Foreign Affairs guiding the implementation

Decision No. 875/TTg dated November 21, 1996 of the Prime Minister

On January 29, 1997, the Ministry of Home Affairs (now the Ministry of Public Security) and the Ministry of Foreign Affairs issued Joint Circular No. 06/TT-LT to guide the implementation of Decision No. 875/TTg dated November 21, 1996 of the Prime Minister on the settlement for Vietnamese citizens residing abroad to return to Vietnam.

To create more favorable conditions for those applying to return home, the Ministry of Public Security and the Ministry of Foreign Affairs have agreed to amend and supplement some contents of Joint Circular No. 06/TT-LT as follows:

1. Amending and supplementing Point 1 under Section I:

"1. Conditions for having Vietnamese nationality (as stipulated in Clause 1, Article 2 of Decision No. 875/TTg) include the following two cases:

- Holding a Vietnamese passport or a substitute document for a Vietnamese passport still valid, issued by the Department of Immigration under the Ministry of Public Security or Vietnamese representative offices abroad;

- If there is no Vietnamese passport or substitute document for a Vietnamese passport still valid, then must have one of the following documents:

+ Certificate of citizen registration issued by Vietnamese representative offices abroad;

+ Certificate of Vietnamese nationality issued by the People's Committee of provinces or centrally governed cities or Vietnamese representative offices abroad."

2. Amending and supplementing Point 2 under Section II:

"2. Copies of passports, documents proving Vietnamese nationality, and documents proving permission to reside abroad, such as permits for permanent residence or indefinite stay (hereinafter referred to collectively as residence documents):

- For applicants wishing to return home holding a Vietnamese passport or substitute document still valid:

+ Copy of the passport or substitute document;

+ Copy of the residence document issued by the competent authority of the foreign country.

- For applicants wishing to return home holding a foreign passport or substitute document still valid:

+ Copy of the passport or substitute document;

+ Copy of the Certificate of citizen registration issued by Vietnamese representative offices abroad or Certificate of Vietnamese nationality issued by the People's Committee of provinces or centrally governed cities or Vietnamese representative offices abroad.

- For applicants wishing to return home without a Vietnamese or foreign passport or substitute document as mentioned above:

+ Copy of the residence document issued by the competent authority of the foreign country;

+ Copy of the Certificate of citizen registration issued by Vietnamese representative offices abroad or Certificate of Vietnamese nationality issued by the People's Committee of provinces or centrally governed cities or Vietnamese representative offices abroad.

The copy of the residence document must be certified by Vietnamese representative offices abroad according to Point 4 of this Circular; copies of passports or substitute documents, Certificates of citizen registration, Certificates of Vietnamese nationality must be notarized or authenticated by the competent authority of Vietnam. In case the applicant directly submits the application at Vietnamese representative offices abroad or the Exit-Entry Administration under the Ministry of Public Security, there is no need to submit notarized or authenticated copies, but the receiving agency has the responsibility to request the presentation of the original for comparison with the copy, the officer conducting the comparison must note on the copy "compared with the original" and sign, write their full name and date of comparison."

3. Amending and supplementing Section III:

"1. Applicants wishing to return home who are currently abroad, upon receiving notification from Vietnamese representative offices abroad regarding permission to return home, must go to the representative office to receive the Re-entry Permit within 12 months from the date of receipt of the notification. If they come to receive the Re-entry Permit after 12 months, they must follow the procedures as follows:

a) In case it exceeds the aforementioned period but does not exceed 24 months, they must submit two Application Forms for Re-entry Permit (Model HH4 attached) and two newly taken photographs.

b) In case it exceeds 24 months, they must reapply for return home according to the initial procedure specified in Section II of Joint Circular No. 06/TT-LT dated January 29, 1997 and Point 2 of this Circular.

2. The Re-entry Permit (Model HH3 attached) is issued to those permitted to return home to replace the passport when entering the country. In case the Re-entry Permit expires, the person returning home may not use it to enter the country, if they wish to enter, they must follow the procedures specified in Section II of Joint Circular No. 06/TT-LT dated January 29, 1997, Points 2 and 3 of this Circular."

4. Amending and supplementing Point 1 and 2 under Section IV:

"1. For Vietnamese representative offices abroad:

- In addition to the responsibilities stipulated in Point 1, Article 5 of Decision No. 875/TTg, the representative office issues Certificates of citizen registration, Certificates of Vietnamese nationality, and verifies the authenticity of documents proving permission to reside abroad according to the guidance of the Ministry of Foreign Affairs.

- Must notify in writing the applicant of the result of the return home application within 10 working days from the date of receipt of the notification from the Ministry of Public Security. For cases approved for return home, the notification from the representative office must clearly state the deadline for the person permitted to return home to receive the Re-entry Permit (within 12 months from the date the representative office issues the notification).

- When issuing the Re-entry Permit, all columns and items must be filled out fully and specifically, including the "permanent address" column which must specify the house number, street name, ward/district, city/province; the photograph affixed in the Re-entry Permit must have a border seal and protective measures as required for photographs when issuing a passport.

2. For the Ministry of Public Security (Exit-Entry Administration Department):

- Notify the results of processing the application for repatriation to the representative offices of Vietnam abroad (by fax), the Ministry of Foreign Affairs, and the Provincial Police within 60 working days from the date of receiving all valid documents for cases where the application for repatriation is submitted at the representative offices of Vietnam abroad. For cases submitted domestically, in addition to the aforementioned agencies, notification must also be given to the sponsor (guarantor) or directly to the person repatriating. In cases where procedures need to be redone due to the expiration of the permit for repatriation or Repatriation Travel Permit within no more than 24 months, the notification of the result of processing the repatriation application shall be carried out within 30 working days from the date of receipt of the new application form (model HH4) and two newly taken photographs.

- During the process of reviewing and resolving, including after Vietnamese citizens residing abroad have repatriated, if it is discovered that the applicant for repatriation or related individuals or organizations have engaged in fraudulent behavior to obtain a repatriation permit, the Ministry of Public Security shall be responsible for re-examining, and depending on the nature and severity of the violation, they will handle it themselves or transfer it to competent authorities for handling according to Vietnamese law.

5. This Circular takes effect 15 days after its publication in the Official Gazette. All previous guidelines issued by the Ministry of Public Security and the Ministry of Foreign Affairs that conflict with this Circular are hereby abolished./.