Circular No. 04/2020/TT-BNG guides the issuance, extension, revocation of diplomatic passports and official passports, as well as the issuance of letters of request for foreign countries to issue visas.

CIRCULAR

Guidelines for issuing, extending, and revoking the validity of diplomatic passports and official passports

and issuing letters of request for visa issuance from foreign countries

Pursuant to Decree No. 26/2017/NĐ-CP dated March 14, 2017 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Foreign Affairs, amended and supplemented in 2020;

Pursuant to the Law on Exit from and Entry into Vietnam of Vietnamese Citizens dated November 22, 2019;

The Minister of Foreign Affairs issues this Circular guiding the procedures for issuing, extending, and revoking the validity of diplomatic passports and official passports and issuing letters of request for visa issuance from foreign countries.

At the proposal of the Director of the Consular Department;

GENERAL PROVISIONS

PART I

This Circular guides the procedures for issuing, extending, and revoking the validity of diplomatic passports and official passports; issuing letters of request for visa issuance from foreign countries for Vietnamese citizens as prescribed in the Law on Exit and Entry of Vietnamese Citizens (hereinafter referred to as the Law).

Article 1. Scope of Regulation

The competent authority for issuing, extending, and revoking the validity of diplomatic passports and official passports and issuing letters of request for visa issuance from foreign countries

Article 2. 1. The authority for issuing, extending, and revoking the validity of diplomatic passports and official passports and issuing letters of request for visa issuance from foreign countries within the country includes the Consular Department and the Foreign Affairs Office of Ho Chi Minh City (hereinafter collectively referred to as the Passport Issuing Authority within the Country).

2. The authority for issuing, extending, and revoking the validity of diplomatic passports and official passports and issuing letters of request for visa issuance from foreign countries outside the country includes diplomatic missions, consular posts, and other agencies authorized to perform consular functions of Vietnam abroad (hereinafter collectively referred to as the Overseas Representative Authority).

Article 3. Validity Period of Diplomatic Passports and Official Passports

1. The validity period of diplomatic passports and official passports issued in cases of damage or loss while on short-term overseas business trips as stipulated in Point a Clause 1 Article 13 of the Law shall be one year; the validity period of diplomatic passports and official passports issued in cases of full pages or extensions as stipulated in Point a Clause 1 Article 13 of the Law shall not exceed the validity period of the old passport and shall be at least one year.

2. The validity period of diplomatic passports and official passports issued for persons with changes in position as stipulated in Point b Clause 1 Article 13 of the Law shall not exceed the validity period of the old passport and shall be at least one year.

3. The validity period of diplomatic passports and official passports issued or extended for persons as stipulated in Point d Clause 1 Article 13 of the Law shall not exceed the validity period of the passport of the person they accompany or visit and shall be at least one year.

Article 4. Decision on Dispatch or Permission Document for Civil Servants to Go Abroad

1. The decision on dispatch or permission document for civil servants, public officials (hereinafter referred to as the dispatch document) must contain all necessary information according to Model 02/2020/NG-XNC issued together with this Circular. This document must be signed by the authorized person or their delegate, stamped by the agency, and comply with relevant regulations on administrative document format.

In cases where the dispatch document has two or more pages, it must be numbered sequentially and stamped across the seams between pages. For documents with two pages on one sheet, the first page must be stamped with a hanging stamp or stamped across the seam. In cases of amendments or supplements, these must be signed by the authorized person and stamped by the agency at the point of amendment or supplement. If there are two or more amendments or supplements, a new document must be issued.

In cases where the dispatch document is an electronic document, it must comply with relevant laws on digital signatures and electronic documents.

2. The dispatch document may be a letter from the Central Party Committee's External Relations Board, the President's Office, the National Assembly's Office, or the Government's Office announcing the list of delegations for those going abroad as members or attendants of delegations led by the General Secretary, the Standing Deputy Secretary of the Central Party Committee, members of the Politburo, Secretaries of the Central Party Committee, the President, Vice Presidents, Chairpersons, Vice Chairpersons of the National Assembly, Prime Ministers, or Deputy Prime Ministers.

3. The dispatch document is a letter from the Central Party's Office, the Central Party Committee's External Relations Board, the President's Office, the National Assembly's Office, or the Government's Office announcing the approval of the competent authority for those going abroad under the management of the Central Committee's Executive Board.

4. Persons concurrently holding multiple positions in different agencies or organizations, when performing tasks under the functions of a particular agency, must use the dispatch document of that agency.

4. A person concurrently holding multiple positions in different agencies or organizations, when on official business performing duties under the jurisdiction of a particular agency, must use the overseas dispatch document of that agency.

Article 5. Delegation Documents for Dispatching or Permitting to Travel Abroad

1. The delegation for the head of subordinate units to dispatch or permit travel abroad for official purposes as stipulated in Clause 11, Article 11 of the Law must be established in writing according to Model 04/2020/NG-XNC issued together with this Circular.

2. The delegation document must be signed by the head or deputy head of the agencies specified from Clause 1 to Clause 10, Article 11 of the Law and stamped by the agency. When the delegator ceases or completes their term of service, the successor must receive a new delegation document. In cases where the delegation document is an electronic document, it must comply with relevant laws concerning digital signatures and electronic documents.

Where the management regulations for traveling abroad of cadres and civil servants of the competent authority as stipulated in Article 11 of the Law have already provided for delegation or assignment of responsibility to the head of subordinate units to dispatch or permit cadres and civil servants to travel abroad for official purposes, such authority does not need to issue a delegation document; the delegated unit must submit a letter introducing the signature of the delegatee to the domestic passport issuing agency as prescribed in Article 6 of this Circular.

Article 6. Introduction of Seal Samples, Signature Samples, and Titles

1. Agencies with authority or units authorized to dispatch cadres and civil servants to travel abroad for official purposes as stipulated in Clause 11, Article 11 of the Law must introduce in writing to the domestic passport issuing agency about the seal of the agency, signature and title of the authorized person according to Model 03/2020/NG-XNC issued together with this Circular before implementing the dispatch or permission for cadres and civil servants to travel abroad for official purposes.

2. The introduction document of seal samples, signature samples, and titles must be signed by the authorized person and stamped by the agency.

3. Where the competent authority as stipulated in Article 11 of the Law uses an electronic document for dispatching or permitting travel abroad for official purposes, the introduction of digital signatures on the electronic document must fully comply with relevant laws concerning digital signatures and electronic documents.

Article 7. Application Forms for Issuance and Extension of Diplomatic Passports, Official Passports, and Letters Requesting Foreign Countries to Issue Visas

1. The application form for issuance and extension of diplomatic passports, official passports, and letters requesting foreign countries to issue visas according to Model 01/2020/NG-XNC issued together with this Circular or an electronic application form with barcode filled out online on the Ministry of Foreign Affairs Public Service Portal at the address http://dichvucong.mofa.gov.vn.

2. The application form for issuance of diplomatic passports, official passports, and letters requesting foreign countries to issue visas must be completed with all contents as guided in the application form, signed by the applicant, and in the case of issuance of diplomatic passports, official passports, confirmed and stamped across the photograph by the agency or organization where the applicant is working.

In cases where diplomatic passports, official passports are issued for persons going to visit or accompany as stipulated in Clause 13 and Clause 14, Article 8, Clause 5, Article 9 of the Law but not within the establishment of the agency or organization, the application form must have confirmation by the agency or organization directly managing personnel of the person dispatched to work abroad whom they will visit or accompany.

3. In cases of extending diplomatic passports, official passports or issuing letters requesting foreign countries to issue visas, the application form does not require confirmation by the agency or organization where the person works.

Article 8. Designation in diplomatic passports and official passports

1. The passport issuing authority within the country or the diplomatic mission shall record the designation in Vietnamese in diplomatic passports for individuals holding positions specified from Clause 2 to Clause 10 of Article 8 of the Law, except where the competent authority requests that the designation not be recorded or for reasons of foreign relations or national security.

2. The passport issuing authority within the country or the diplomatic mission shall record the designation in both Vietnamese and English in diplomatic passports and official passports of Ministers of Foreign Affairs, Deputy Ministers of Foreign Affairs, Assistant Ministers of Foreign Affairs, persons serving in the diplomatic service who have been granted diplomatic rank, members of diplomatic missions, state news agencies and press organizations of Vietnam permanently stationed abroad, and persons traveling under the provisions of Clause 14, Article 8 and Clause 5, Article 9 of the Law.

3. Holders of diplomatic passports and official passports shall not arbitrarily record their designations in their passports.

Chapter II

PROCEDURE FOR ISSUANCE, EXTENSION, REVOCATION OF USE VALUE OF DIPLOMATIC PASSPORTS AND OFFICIAL PASSPORTS AND ISSUE OF DIPLOMATIC NOTES REQUESTING FOREIGN COUNTRIES TO ISSUE VISAS IN THE COUNTRY

Article 9. Acceptance of applications and issuance of results for non-electronic chip passports and issuance of diplomatic notes requesting foreign countries to issue visas through local diplomatic agencies

The acceptance of applications and issuance of results for the issuance and extension of diplomatic passports and official passports without electronic chips and issuance of diplomatic notes requesting foreign countries to issue visas at provincial and centrally-administered city diplomatic agencies (hereinafter referred to as local diplomatic agencies) based on written authorization from the Ministry of Foreign Affairs shall be carried out as follows:

1. Local diplomatic agencies shall accept and check the completeness and validity of applications for the issuance and extension of diplomatic passports and official passports and issuance of diplomatic notes requesting foreign countries to issue visas.

2. Local diplomatic agencies shall directly or through public postal services transfer the application files along with fees and collect the results from the passport issuing authority within the country. Local diplomatic agencies shall use public postal services in accordance with the guidelines of the Ministry of Foreign Affairs.

3. After receiving the results from the passport issuing authority within the country, local diplomatic agencies shall verify and compare the information and issue the results to the applicants.

Article 10. Acceptance of applications and issuance of results for electronic chip passports

1. The acceptance of applications and issuance of results for the issuance of diplomatic passports and official passports with electronic chips shall be carried out at the passport issuing authority within the country.

2. Local diplomatic agencies shall cooperate in accepting applications and issuing results for the issuance of diplomatic passports and official passports with electronic chips in accordance with current regulations and guidelines of the Ministry of Foreign Affairs.

Article 11. Guidelines for applications for issuance and extension of diplomatic passports and official passports and issuance of diplomatic notes requesting foreign countries to issue visas in the country

1. Applicants for diplomatic passports and official passports shall submit the Application Form as prescribed in Article 7 of this Circular, two portrait photographs, and related documents as stipulated in Clause 2, Point 2 of Article 12 of the Law.

In case of loss of a passport, the applicant shall submit a copy of the official notification of the lost passport according to Model 05/2020/NG-XNC issued together with this Circular.

In case of applying for a diplomatic passport or official passport with changes in personal details or designation compared to previously issued diplomatic or official passports, the applicant shall submit a confirmation document from the competent authority and related documents proving the aforementioned changes when applying for a new diplomatic passport or official passport.

2. Applicants for the extension of diplomatic passports and official passports shall submit the Application Form as guided in Article 7 of this Circular and the documents prescribed in Points a and d of Clause 2, Point 2 of Article 12 of the Law.

3. Applicants for the issuance of diplomatic notes requesting foreign countries to issue visas as stipulated in Article 12 of the Law shall submit the following documents:

a) One Application Form as prescribed in Clause 1, Article 7 of this Circular;

b) A valid passport for more than six months from the date of planned departure;

c) One original dispatch letter for travel abroad as prescribed in Article 4 of this Circular;

d) One copy of the invitation letter (if available).

Article 12. Procedures for issuing, extending, and invalidating diplomatic passports and official passports within the country

1. Receiving applications:

The passport issuance agency within the country receives the application dossier; checks and compares the information in the Application Form and accompanying documents with the information in the database for diplomatic passports and official passports.

In cases where the application dossier is complete and valid according to Clause 2, Article 12 of the Law, the passport issuance agency within the country issues a Receipt for Application Dossier and sets a date to deliver the result according to Model 06/2020/NG-XNC issued together with this Circular. In cases where the application dossier is incomplete, the receiving agency issues a Supplement Guidance Form according to Model 07/2020/NG-XNC issued together with this Circular. In cases where the application dossier is invalid, the receiving agency refuses to accept the dossier and issues a Refusal Receipt for Processing Application according to Model 08/2020/NG-XNC issued together with this Circular.

In cases where the application is for the first issuance of an electronic chip diplomatic passport or official passport, the receiving agency takes photographs and collects fingerprints of the applicant according to the guidelines of the Ministry of Foreign Affairs.

In cases where the application is for extending an electronic chip diplomatic passport or official passport, the receiving agency guides the applicant to establish a new application dossier for an electronic chip passport.

2. Processing procedure:

a) For applications for diplomatic passports and official passports, the passport issuance agency within the country resolves the matter within five working days from the date of receipt of a complete and valid application dossier as stipulated in Clause 4, Article 12 of the Law; for applications for extension of passports or issuance of letters of introduction, the passport issuance agency within the country resolves the matter within two working days from the date of receipt of a complete and valid application dossier.

b) For dossiers submitted according to Article 9 of this Circular, within two working days from the date of receipt of a complete and valid application dossier, the local foreign affairs agency transfers the dossier to the passport issuance agency within the country. For applications for diplomatic passports and official passports, the passport issuance agency within the country resolves the matter within three working days from the date of receipt of a complete and valid application dossier; for applications for extension of passports or issuance of letters of introduction, the passport issuance agency within the country resolves the matter within two working days from the date of receipt of a complete and valid application dossier.

3. In cases where the applicant's diplomatic passport or official passport is still valid, the passport issuance agency within the country processes the invalidation of the old passport before issuing a new one. For individuals who fall under the categories specified in Clause 14, Article 8 and Clause 5, Article 9 of the Law, the passport issuance agency within the country issues a new passport, records their position, and does not process the invalidation of the old passport.

4. In cases where the applicant has lost their passport, the passport issuance agency within the country implements the invalidation of that passport according to Clause 1, Article 28 of the Law.

5. Delivering results:

The receiving agency delivers the results to the person named in the Receipt for Application Dossier and the appointment letter. In cases where the person receiving the result is not the person named in the Receipt for Application Dossier and the appointment letter, they must submit an introduction letter from their managing agency and present identification documents for verification.

Article 13. Issuance of Diplomatic Passports and Official Passports in Special Cases

1. In cases where a diplomatic passport or official passport is requested in accordance with Clause 15, Article 8 and Clause 6, Article 9 of the Law, in addition to the dossier stipulated in Article 11 of this Circular, the applicant must supplement one original copy of the request letter sent to the Ministry of Foreign Affairs from the competent authority specifying the reasons for requesting the issuance of a diplomatic passport or official passport.

2. The domestic passport issuing agency shall examine and issue a diplomatic passport or official passport with an appropriate validity period or refuse to issue the passport.

Chapter III

PROCEDURE FOR ISSUANCE, EXTENSION, REVOCATION OF USE OF DIPLOMATIC PASSPORTS AND OFFICIAL PASSPORTS AND ISSUE OF LETTERS OF CREDENTIALS REQUESTING FOREIGN COUNTRIES TO ISSUE VISAS ABROAD

Article 14. Guidelines on the Dossier for Requesting Issuance, Extension of Diplomatic Passports and Official Passports and Issuance of Letters of Credentials Requesting Foreign Countries to Issue Visas Abroad

1. Applicants requesting the issuance or extension of diplomatic passports or official passports submit the Application Form as prescribed in Article 7 of this Circular without requiring confirmation, two portrait photographs, and related documents as stipulated in Clause 3, Article 13 of the Law.

2. The dossier for requesting the issuance of letters of credentials requesting foreign countries to issue visas abroad shall be implemented in accordance with the provisions of Clause 3, Article 11 of this Circular.

Article 15. Procedure for Issuance, Extension, Revocation of Use of Diplomatic Passports and Official Passports Abroad

1. Receiving the Dossier

In cases where the dossier is complete and valid as prescribed in Clause 2, Article 13 of the Law, the Diplomatic Mission shall issue a Receipt for the Dossier and schedule the result delivery according to Model 06/2020/NG-XNC issued together with this Circular. In cases where the dossier is incomplete or invalid, the Diplomatic Mission shall guide the applicant to supplement and complete the dossier in accordance with the regulations; in cases where the applicant does not fall within the category eligible for a diplomatic passport or official passport, the Diplomatic Mission shall issue a Refusal Notice for the Dossier Processing according to Model 08/2020/NG-XNC issued together with this Circular.

In cases where the first application for a diplomatic passport or official passport with an embedded chip is made, the Diplomatic Mission shall take photos and collect fingerprints of the applicant.

In cases where the extension of a diplomatic passport or official passport with an embedded chip is requested, the Diplomatic Mission shall guide the applicant to prepare the dossier for requesting a new passport with an embedded chip.

2. The Diplomatic Mission shall issue, extend passports, issue letters of credentials requesting foreign countries to issue visas, revoke the use value of passports, and deliver results based on verification and comparison with information in the National Database on Exit and Entry of Vietnamese Citizens as prescribed in Clause 5, Article 13 and Clause 1, Article 28 of the Law.

In cases where the data connection between the passport issuance system and the Consular Department is interrupted, the Diplomatic Mission shall implement the provisions of Clause 3 of this Article.

3. For requests for issuance or extension of diplomatic passports or official passports for persons specified from point a to point d of Clause 1, Article 13 of the Law in cases where the data connection between the passport issuance system and the Consular Department is interrupted.

a) Except for the cases specified in point b of Clause 3 below, within one working day from the date of receiving a complete and valid dossier, the Diplomatic Mission shall send detailed personal information including full name, date of birth, place of birth, gender, nationality (with attached photograph) of the applicant for issuance or extension of passports to the Consular Department, and also send it to the previous passport issuing agency (if the passport was issued at another Diplomatic Mission or at the Ho Chi Minh City Department of Foreign Affairs) for verification.

b) In cases specified in point b and point c of Clause 1, Article 13 of the Law or the first issuance of a diplomatic passport or official passport for spouses and children under 18 years old accompanying at point d of Clause 1, Article 13 of the Law, the Diplomatic Mission shall issue passports in accordance with the decision or notification of the Ministry of Foreign Affairs.

In cases where newborns of members of the Diplomatic Mission, state news agencies, or state press agencies residing abroad are involved, the Diplomatic Mission shall issue diplomatic passports or official passports for the applicants in accordance with Clause 2 and point a of Clause 3, Article 13 of the Law.

In cases where diplomatic passports or official passports are lost or damaged as specified in point a of Clause 1, Article 13 of the Law, the head of the Diplomatic Mission may decide to immediately issue diplomatic passports or official passports without verification if there is sufficient basis to confirm the authenticity of the personal information, information about the lost or damaged diplomatic passport or official passport, and information about the overseas work itinerary of the applicant, and bear responsibility for the decision to issue the passport.

After issuing diplomatic passports or official passports, the Diplomatic Mission shall notify the competent authorities in the country according to the procedures specified below.

c) In cases requiring verification, within three working days from the date of receiving the verification request, the previous passport issuing agency shall have the responsibility to reply to the Consular Department and also send the reply to the Diplomatic Mission receiving the request for issuance or extension of diplomatic passports or official passports.

In cases where the Consular Department is the previous issuing agency of diplomatic passports or official passports, the verification reply must include opinions on the issuance or extension of new diplomatic passports or official passports.

Within two working days from the date of receiving the verification results, the Consular Department shall notify its opinion on the issuance or extension of diplomatic passports or official passports to the Diplomatic Mission receiving the request for issuance or extension of diplomatic passports or official passports.

đ) Within one working day from the date of receiving the reply from the Consular Department, the Diplomatic Mission shall carry out the issuance or extension of diplomatic passports or official passports; in cases where the applicant does not qualify for issuance or extension of diplomatic passports or official passports, the Diplomatic Mission shall issue a refusal notice specifying the reasons and send it to the applicant. In cases where the diplomatic passport or official passport is still valid and the applicant submits a dossier for a new passport, the Diplomatic Mission shall revoke the use value of that passport before issuing a new one.

e) After issuing the passport, the diplomatic mission shall notify in writing to the Consular Department the list of individuals who have been issued diplomatic passports or official passports, including their personal information, passport number, date of issuance, expiration date of the new and old passports, validity period of the new passport, reason for issuing the passport, and the position of the individual receiving the passport.

g) The diplomatic mission shall carry out the invalidation of lost passports, notify the local competent authority about the invalidation of lost diplomatic passports or official passports, and notify in writing to the Consular Department the list of individuals reporting lost diplomatic passports or official passports.

4. For applications to issue or extend diplomatic passports or official passports for cases specified in Clause 15, Article 8 and Clause 6, Article 9 of the Law.

a) Within three working days from the date of receiving complete and valid application files, the diplomatic mission shall issue or extend diplomatic passports or official passports according to the opinion of the Consular Department.

b) In case the data transmission connection for issuing diplomatic passports or official passports with the Consular Department is interrupted, after issuing the passport, the diplomatic mission shall notify in writing to the Consular Department the list of individuals who have been issued passports, including their personal information, passport number, date of issuance, expiration date of the new and old passports, validity period of the new passport, reason for issuing the passport, and the position of the individual receiving the passport.

5. For applications to issue letters of request for foreign countries to issue visas.

Within two working days from the date of receiving complete and valid application files, the diplomatic mission shall issue letters of request for foreign countries to issue visas or provide a written notification of refusal and specify the reasons for the applicant.

6. Delivering results.

The diplomatic mission shall deliver the results to the person named in the Application Receipt and Result Delivery Notice. If the person named in the Application Receipt and Result Delivery Notice cannot directly receive the result, the authorized person must submit a power of attorney and present identification documents for verification.

Chapter IV

STORAGE AND PRESERVATION OF APPLICATION FILES

Article 16. Storage of Application Files

1. Application files for storage include files for issuing, extending, invalidating diplomatic passports or official passports, and requesting letters for foreign countries to issue visas, as well as ledgers printed from the passport issuance software. Passport issuing authorities within the country and diplomatic missions shall store these files in accordance with the provisions of the law.

2. Passport issuing authorities within the country and diplomatic missions shall digitize documents in accordance with the provisions of the law, except for confidential documents.

Article 17. Preservation of Application Files

1. Application files for issuing, extending, invalidating diplomatic passports or official passports, and requesting letters for foreign countries to issue visas shall be numbered sequentially and stored for eight years.

2. Ledgers for issuing, extending diplomatic passports or official passports, and requesting letters for foreign countries to issue visas shall be stored indefinitely.

Chapter V

IMPLEMENTATION

Article 18. Issuance of Forms

1. Attached to this Circular are the following eight forms:

a) Application form for issuing or extending diplomatic passports or official passports, and requesting letters for foreign countries to issue visas (Form 01/2020/NG-XNC);

b) Document on dispatching civil servants, public officials, officers, and professional military personnel abroad (Form 02/2020/NG-XNC);

c) Document introducing the stamp and signature samples of the agency and the authorized person dispatching civil servants, public officials, officers, and professional military personnel abroad (Form 03/2020/NG-XNC);

d) Power of attorney document for dispatching civil servants, public officials, officers, and professional military personnel abroad (Form 04/2020/NG-XNC);

e) Notification of lost diplomatic passports or official passports (Form 05/2020/NG-XNC);

g) Application receipt and result delivery notice (Form 06/2020/NG-XNC).

h) Request form for supplementing and completing application files (Form 07/2020/NG-XNC).

i) Refusal notice for accepting and processing application files for applicants (Form 08/2020/NG-XNC).

2. The forms mentioned in Clause 1 of this Article are published on the Ministry of Foreign Affairs' Public Service Portal at the address http://dichvucong.mofa.gov.vnor the Consular Affairs Information Portal at the address http://lanhsuvietnam.gov.vnfor agencies, organizations, and individuals to download and use.

Article 19. Effective Date

1. This Circular takes effect from November 10, 2020, and replaces Circular No. 03/2016/TT-BNG dated June 30, 2016, issued by the Minister of Foreign Affairs guiding the issuance, extension, amendment, and supplementation of diplomatic passports or official passports, and the issuance of letters requesting visa issuance.

2. During the process of implementation, if there are any difficulties, relevant agencies, organizations, and individuals are requested to promptly report to the Ministry of Foreign Affairs for guidance.