Decree No. 05/2000/NĐ-CP On Departure and Entry of Vietnamese Citizens

DECREE

Regarding departure from and entry into Vietnam

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THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

To improve procedures for departure from and entry into Vietnam for Vietnamese citizens;

At the proposal of the Minister of Public Security and the Minister of Foreign Affairs,

DECREE:

PART I

GENERAL PROVISIONS

Article 1.

1. This Decree stipulates the matters concerning departure from and entry into Vietnam for Vietnamese citizens.

2. The issuance of seafarer documents, border area entry-exit documents, and the resolution of issues related to Vietnamese citizens returning to Vietnam from overseas residence are not within the scope of regulation of this Decree.

Article 2. Vietnamese citizens shall be issued passports or Vietnamese travel documents for departure from and entry into Vietnam in accordance with the provisions of this Decree.

Article 3. Vietnamese citizens holding valid passports or travel documents may depart from and enter Vietnam through designated checkpoints; upon departure and entry, they must present their passports or travel documents to the Vietnamese immigration control forces at the checkpoint.

Vietnamese citizens do not need visas for departure from and entry into Vietnam.

Article 4.

1. After entering Vietnam, Vietnamese citizens who have been residing abroad and hold Vietnamese passports must report their temporary residence according to the regulations of Vietnamese law as required of Vietnamese citizens residing within the country.

2. Vietnamese citizens residing abroad who are relatives or personal servants accompanying individuals visiting foreign nationals working at diplomatic missions, consular offices, or international organizations' representative offices in Vietnam must report their temporary residence according to the regulations of the Ministry of Foreign Affairs..

Chapter II

PASSPORTS

Article 5.

1. The Vietnamese passport is a national asset of the Socialist Republic of Vietnam and is only issued to Vietnamese citizens.

2. Vietnamese passports include ordinary passports, official passports, and diplomatic passports.

3. Validity period of passports:

Ordinary passports, official passports, and diplomatic passports have a validity period of five years from the date of issue; they can be extended once for a period not exceeding three years upon expiration.

Official passports and diplomatic passports issued to persons specified in Clause 7, Article 7 and Clause 11, Article 8 of this Decree have a validity period consistent with the purpose of the trip and the duration of stay abroad, but not exceeding five years from the date of issue.

Passports issued to children under 16 years old cannot be extended.

4. A travel document is a substitute for a passport used for departure from and entry into Vietnam.

In special cases, Vietnamese citizens may be issued travel documents for departure from and entry into Vietnam, in accordance with the regulations of the Ministry of Public Security and the Ministry of Foreign Affairs.

Travel documents have a validity period of six months from the date of issue and can only be extended once for a period not exceeding six months.

Article 6. Ordinary passports are issued to all Vietnamese citizens.

Article 7.

Official passports are issued to Vietnamese citizens falling into one of the following categories:

1. State officials, civil servants, officers, and professional soldiers of the People's Army and the People's Public Security Forces departing abroad on official duties of state agencies.

2. Officials at or above department level and chief accountants of state enterprises departing abroad on official duties of the enterprise.

3. State officials dispatched abroad to perform official duties within the scope of work of the Communist Party of Vietnam.

4. State officials dispatched abroad to perform official duties within the scope of work of central-level political-social organizations.

5. Staff members of diplomatic missions, consular offices, and other offices authorized to perform consular functions of Vietnam abroad (hereinafter referred to collectively as Vietnamese Representative Offices abroad), staff members of Vietnam's permanent delegation to intergovernmental international organizations; state news agency and press reporters permanently stationed abroad.

6. Wives or husbands, and children under 18 years old of those mentioned in Clause 5 of this Article, if traveling together with the official on duty or visiting them.

7. In exceptional circumstances, upon the request of the authority responsible for dispatching personnel abroad as stipulated in Article 15 of this Decree, the Minister of Foreign Affairs shall examine and decide to issue official passports to individuals not covered by Clauses 1 to 6 of this Article for departure abroad.

Article 8.

Diplomatic passports are issued to Vietnamese citizens falling into one of the following categories for departure abroad on official duties:

1. Belonging to the Communist Party of Vietnam's organs:

General Secretary, member of the Politburo, member of the Central Committee of the Party;

Advisor to the Central Committee of the Party;

Former General Secretaries, members of the Politburo, and advisors to the Central Committee of the Party;

Secretary, Deputy Secretary of provincial party committees directly under the Central Government;

Director, Deputy Director of Central Party Committees' affiliated departments; Chief, Deputy Chief of the Central Party Office;

Special envoy, assistant to the General Secretary of the Central Committee of the Party.

2. Belonging to the National Assembly's organs:

Chairman, Vice-Chairman of the National Assembly; member of the Standing Committee of the National Assembly;

Former Chairmen, Vice-Chairmen of the National Assembly;

Chairman, Vice-Chairman of the Ethnic Council of the National Assembly;

Director, Deputy Director of National Assembly's committees; Director, Deputy Director of the National Assembly's Office;

National Assembly deputies;

Assistant to the Chairman of the National Assembly.

3. Belonging to the President's organs:

President, Vice-President;

Former Presidents, Vice-Presidents;

Director, Deputy Director of the President's Office;

Special envoy, assistant to the President.

4. Belonging to the Government's organs:

Prime Minister, Deputy Prime Minister;

Former Prime Ministers, Deputy Prime Ministers;

Minister, head of a ministry-equivalent agency, head of a government-affiliated agency; Deputy Minister, Deputy head of a ministry-equivalent agency, Deputy head of a government-affiliated agency;

Director, Deputy Director of General Departments; Commander, Deputy Commander of Military Commands under the Ministry of Defense and the Ministry of Public Security; officers with ranks from Major General and Rear Admiral of the Navy upwards currently serving in the People's Army and the People's Public Security Forces;

Special envoy, assistant to the Prime Minister;

Chairman, Vice-Chairman, Secretary of the Vietnam Section in the Intergovernmental Cooperation Commission between Vietnam and foreign countries.

5. Belonging to the Judiciary's organs:

Chief Justice, Deputy Chief Justice of the Supreme People's Court;

The President and Vice Presidents of the Supreme People's Procuratorate.

6. Belonging to central-level political-social organizations:

Chairman, General Secretary, and permanent members of the Central Committee of the Vietnam Fatherland Front;

Chairman and Vice Chairmen of the Vietnam General Confederation of Labor;

Chairman and Vice Chairmen of the Vietnam Farmers' Association;

Chairman and Vice Chairmen of the Vietnam Women's Union;

Chairman and Vice Chairmen of the Vietnam Veterans Association;

First Secretary and Permanent Secretary of the Central Committee of the Ho Chi Minh Communist Youth Union.

7. Belonging to state agencies at local levels:

Chairmen and Vice Chairmen of the People's Councils of provinces and centrally-administered cities;

Chairmen and Vice Chairmen of the People's Committees of provinces and centrally-administered cities.

8. Those serving in the diplomatic sector who have been granted diplomatic rank or hold the following positions and are dispatched abroad for official duties:

Ambassador, Chargé d'Affaires, Envoy, Head of Permanent Representative Mission of Vietnam to intergovernmental international organizations;

Minister-Counselor, Counselor, Secretary, Attaché;

Consul General, Deputy Consul General, Consul, Deputy Consul, and Consular Attaché.

9. Spouses and children under 18 years old of those specified from Clause 1 to Clause 8 of this Article, if they travel together with their parent on work trips, term of service, or to visit them.

10. Diplomatic couriers and consular couriers.

11. In cases of necessity, based on the requirements and nature of the official trip, upon the proposal of the authority responsible for dispatching individuals abroad as stipulated in Article 15 of this Decree, the Minister of Foreign Affairs shall examine and decide to issue diplomatic passports to individuals not covered by Clauses 1 to 10 of this Article.

Chapter III

PROCEDURES FOR ISSUING PASSPORTS

Article 9. Procedures for issuing ordinary passports within the country:

1. Application dossier for passport issuance:

a) For personnel who are civil servants, employees in state agencies, organizations, enterprises, military units, and public security units (including those working under labor contracts of one year or more and those sent by state agencies and enterprises to work in non-state social organizations, economic organizations, foreign-invested enterprises, and foreign organizations in Vietnam), the application dossier for passport issuance includes:

One application form for passport issuance, affixed with a photograph and stamped with a matching seal and confirmed by the head of the directly managing agency or unit (according to the model prescribed by the Ministry of Public Security);

A dispatch document for official overseas travel or permission for personal overseas travel issued by the competent authority as stipulated in Article 15 of this Decree.

b) Personnel working in 100% foreign-owned enterprises and joint ventures with foreign partners, the application dossier for passport issuance includes:

One application form for passport issuance, affixed with a photograph and stamped with a matching seal and confirmed by the Chief of Police of the commune or ward where the applicant has permanent residence or long-term temporary residence (according to the model prescribed by the Ministry of Public Security);

A dispatch document for official overseas travel or permission for personal overseas travel issued by the head of the enterprise.

c) For individuals not covered by point a and point b of Clause 1 of this Article, the application dossier for passport issuance includes: Two application forms for passport issuance, affixed with a photograph and stamped with a matching seal and confirmed by the Chief of Police of the commune or ward where the applicant has permanent residence or long-term temporary residence (according to the model prescribed by the Ministry of Public Security).

d) For children under 16 years old traveling abroad with their parents or guardians, if the parents or guardians request a shared passport, they should jointly fill out the application form for passport issuance.

2. Time limit for processing passport issuance at authorized agencies within the country:

Five working days from the date of receipt of complete and valid application dossiers, for cases covered by point a and point b of Clause 1 of this Article.

Fifteen working days from the date of receipt of complete and valid application dossiers, for cases covered by point c of Clause 1 of this Article.

Thirty working days from the date of receipt of complete and valid application dossiers, for cases applying for passports to settle abroad.

Article 10.

Procedures for issuing official passports and diplomatic passports within the country:

1. Application dossier for passport issuance:

a) Individuals covered by Articles 7 and 8 of this Decree (excluding those mentioned in point b of this clause), the application dossier for passport issuance includes:

One application form for passport issuance, affixed with a photograph and stamped with a matching seal and confirmed by the head of the directly managing agency or unit (according to the model prescribed by the Ministry of Foreign Affairs);

A dispatch document for official overseas travel issued by the competent authority as stipulated in Article 15 of this Decree.

b) For individuals covered by Clause 6 of Article 7 and Clause 9 of Article 8 of this Decree:

- If they are civil servants, employees in state agencies, organizations, enterprises, military units, and public security units, the application dossier for passport issuance includes:

+ One application form for passport issuance, affixed with a photograph and stamped with a matching seal and confirmed by the head of the directly managing agency or unit (according to the model prescribed by the Ministry of Foreign Affairs);

+ Permission for overseas travel issued by the competent authority as stipulated in Article 15 of this Decree;

+ Documents proving that the applicant falls within the category of accompanying or visiting persons as stipulated in Clause 6 of Article 7 and Clause 9 of Article 8 of this Decree;

- If they are not civil servants, employees in state agencies, organizations, enterprises, military units, and public security units, the application dossier for passport issuance includes:

+ One application form for passport issuance, affixed with a photograph and stamped with a matching seal and confirmed by the Chief of Police of the commune or ward where the applicant has permanent residence or long-term temporary residence (according to the model prescribed by the Ministry of Foreign Affairs);

+ Documents proving that the applicant falls within the category of accompanying or visiting persons as stipulated in Clause 6 of Article 7 and Clause 9 of Article 8 of this Decree;

c) For children under 16 years old traveling abroad with their parents or guardians, if the parents or guardians request a shared passport, they should jointly fill out the application form for passport issuance.

2. The agency issuing official and diplomatic passports completes the passport issuance within five working days from the date of receipt of complete and valid application dossiers.

Article 11. The passport issuing authority is responsible for specifying the place where applications for ordinary passports, service passports, diplomatic passports are submitted and results are delivered, and for detailing procedures for renewing, supplementing, amending, replacing, and reissuing such types of passports.

Article 12.

The procedure for issuing passports at Vietnamese representative offices abroad for Vietnamese citizens working, laboring, studying, etc., with a fixed term or permanent residence abroad shall be as follows:

1. The applicant submits to the Vietnamese representative office in the host country one application form for passport issuance (in accordance with the model prescribed by the Ministry of Foreign Affairs and the Ministry of Public Security), and submits or presents documents proving Vietnamese nationality and personal identification documents bearing a stamp affixed by an authorized Vietnamese agency.

In cases where the applicant does not have documents proving Vietnamese nationality or personal identification documents, they must submit one detailed resume form in accordance with the model prescribed by the Ministry of Foreign Affairs and the Ministry of Public Security.

2. The processing time for passport issuance at Vietnamese representative offices abroad:

- Five working days from the date of receipt of complete and valid application files, for cases where there are sufficient grounds to determine that the applicant is a Vietnamese citizen and has accurate personal information.

- In cases where there are insufficient grounds to determine Vietnamese nationality or inaccurate personal information, the Vietnamese representative office abroad will send the personal information and photograph of the applicant to the Ministry of Foreign Affairs. The Ministry of Foreign Affairs is responsible for coordinating with the Ministry of Public Security and the Ministry of Justice to verify and respond to the Vietnamese representative office within forty-five days from the date of receiving the verification request. The Ministry of Public Security and the Ministry of Justice are responsible for responding to the Ministry of Foreign Affairs within forty days from the date of receiving the verification request. The Vietnamese representative office will consider, process, and respond to the applicant within five days from the date of receiving the response document from the Ministry of Foreign Affairs.

Article 13. The Ministry of Foreign Affairs and the Ministry of Public Security shall uniformly guide the procedures for renewing, amending, supplementing, replacing, and reissuing ordinary passports, service passports, and diplomatic passports at Vietnamese representative offices abroad for Vietnamese citizens working, studying, laboring, etc., with a fixed term or permanent residence abroad.

Chapter IV

PERSONS NOT PERMITTED TO EXIT THE COUNTRY

Article 14.

1. A Vietnamese citizen shall not be permitted to exit the country if they fall under any of the following circumstances:

a) They are currently being pursued for criminal responsibility, have obligations to enforce a criminal judgment, or are required by an investigative agency not to be allowed to exit the country or issued a passport for the purpose of serving criminal investigations.

b) They have obligations to enforce a judgment; are waiting for civil, economic, administrative disputes to be resolved; are awaiting enforcement of administrative penalty decisions; have obligations to pay taxes or other financial obligations as stipulated by Vietnamese law, except in cases where security deposits, assets, or asset guarantees have been provided to fulfill these obligations.

c) They have violated immigration regulations and received an administrative penalty of warning or higher, and shall not be permitted to exit the country for a period of one to five years from the date of the violation.

d) They have been expelled by a foreign country due to violations of the laws of the host country, and if such actions are serious and harmful to Vietnam's interests and reputation, they shall not be permitted to exit the country for a period of one to five years from the date of return to Vietnam.

đ) They are proposed by the Ministry of Health not to be allowed to exit the country for health reasons.

e) Other cases for national security and public order protection reasons.

2. Upon request from investigative agencies, prosecution offices, courts, or enforcement agencies, the Exit-Entry Management Department of the Ministry of Public Security shall notify border control forces to implement non-exit measures against individuals falling under points a and b of Clause 1 of this Article.

3. The Minister of Public Security decides on non-exit measures for Vietnamese citizens falling under points c, d, đ, and e of Clause 1 of this Article in accordance with the law and notifies border control forces to implement non-exit measures.

4. The Ministry of Public Security shall uniformly manage the list of Vietnamese citizens not permitted to exit the country.

Chapter V

AUTHORITY AND RESPONSIBILITY OF RELATED AUTHORITIES AND RESPONSIBILITY OF PASSPORT HOLDERS

Article 15.

The authority to dispatch or permit officials, employees of state agencies, organizations, and enterprises to travel abroad is defined as follows:

1. The Prime Minister decides on the exit of Ministers, Heads of Ministries equivalent to Ministries, Heads of Government Agencies, Chairpersons of Provincial People's Committees directly under the Central Government (hereinafter referred to as Heads of Ministries and Provinces); Chairpersons of State-Owned Enterprise Councils directly under the Prime Minister.

2. Heads of Ministries and Provinces decide on the dispatch of officials, employees of state agencies, organizations, and enterprises (including those working under long-term contracts of one year or more) under their direct management to travel abroad for official purposes or to permit them to travel abroad for personal reasons.

3. Heads of Ministries and Provinces may delegate authority to Heads of General Departments, Bureaus, Directorates, Institutes under Ministries; Departments, Bureaus, and Sectors under Provinces to decide on the dispatch or permission for officials, employees under their jurisdiction (including those working under long-term contracts of one year or more) to travel abroad. The Heads of Ministries and Provinces must notify in writing the delegation decision, simultaneously introducing the scope of delegation, seal, and signature of the delegatee to the Ministry of Public Security and the Ministry of Foreign Affairs.

4. The dispatch of officials, employees under the jurisdiction of Party agencies, the National Assembly, the President, the Supreme People's Court, the Supreme People's Procuracy, political-social organizations, and other organizations to travel abroad for official purposes or to permit them to travel abroad for personal reasons shall be carried out according to the regulations of the Politburo and the management rules for officials and employees of these agencies and organizations.

Article 16. The head of agencies, organizations, state enterprises, military units of the People's Army and the People's Public Security, political-social organizations, and persons authorized to appoint or permit officials, civil servants, and employees (including long-term contractual employees with contracts of one year or more) to travel abroad shall be responsible under the law for personnel they appoint or permit to travel abroad, and at the same time shall be responsible for organizing the management of passports of these individuals immediately upon their return to the country, ensuring that passports are used for their intended purposes and for the appropriate individuals.

Article 17.

The Ministry of Public Security shall take the lead and coordinate with the Ministry of Foreign Affairs and the Ministry of National Defense (Border Guard) to assist the Government in implementing state management over the departure and entry of Vietnamese citizens. The Ministry of Public Security shall have the responsibility:

1. To guide procedures for departure and entry, issuance of ordinary passports for Vietnamese citizens, and registration of temporary residence in Vietnam for Vietnamese citizens residing abroad as stipulated in Clause 1, Article 4 of this Decree.

2. To coordinate with the Ministry of Foreign Affairs to uniformly issue various forms, documents related to departure and entry of Vietnamese citizens; print passports, travel documents, and provide them promptly to competent agencies responsible for issuing passports and travel documents.

3. To issue, extend, supplement, replace, reissue, and revoke ordinary passports within Vietnam according to the provisions of this Decree; temporarily detain and recall all types of passports of Vietnamese citizens as specified in Clause 1, Article 14 of this Decree.

4. To coordinate with the Ministry of Foreign Affairs to guide Vietnamese Representative Offices abroad to implement the issuance, extension, supplementation, replacement, reissuance, revocation, temporary detention, and recall of ordinary passports for Vietnamese citizens abroad according to the law.

5. To control and verify passports and documents substituting for passports of Vietnamese citizens departing from and entering Vietnam at border gates managed by the Ministry of Public Security.

6. To handle violations within its authority against individuals and organizations violating the provisions of this Decree.

7. To coordinate with the Ministry of Foreign Affairs to implement international cooperation in the field of departure and entry for Vietnamese citizens as prescribed by the Government.

8. To conduct national statistics on the departure and entry of Vietnamese citizens.

Article 18.

The Ministry of Foreign Affairs shall have the responsibility:

1. To guide procedures for the issuance of diplomatic passports and official passports for Vietnamese citizens and temporary residence in Vietnam for Vietnamese citizens residing abroad as stipulated in Clause 2, Article 4 of this Decree.

2. To coordinate with the Ministry of Public Security to guide Vietnamese Representative Offices abroad to implement the issuance, extension, supplementation, replacement, reissuance, revocation, temporary detention, and recall of passports for Vietnamese citizens abroad according to the law.

3. To issue, extend, amend, supplement, replace, reissue, and revoke diplomatic passports and official passports within Vietnam according to the provisions of this Decree; regularly notify the Ministry of Public Security of the list of personnel who have been issued diplomatic passports and official passports immediately after issuance.

4. To coordinate with the Ministry of Public Security to implement international cooperation in the field of departure and entry for Vietnamese citizens as prescribed by the Government.

Article 19.

The Ministry of National Defense (Border Guard) shall have the responsibility:

To control and verify passports and documents substituting for passports of Vietnamese citizens departing from and entering Vietnam at border gates managed by the Ministry of National Defense (Border Guard).

Article 20. Vietnamese Representative Offices abroad shall implement the issuance, extension, amendment, supplementation, replacement, reissuance, revocation, temporary detention, and recall of ordinary passports, official passports, and diplomatic passports for Vietnamese citizens abroad according to the law; notify the Ministry of Foreign Affairs and the Ministry of Public Security of the list of personnel who have been issued ordinary passports, official passports, and diplomatic passports immediately after issuance; notify the list of passports that are no longer valid to the competent authorities of the host country and other foreign representative offices in the host country.

Article 21.

1. Persons issued, replaced, or reissued passports must pay a fee as prescribed by the Ministry of Finance.

2. Persons issued passports shall be responsible for preserving and maintaining their passports; they may not erase, add, or modify the contents recorded in the passport.

3. Persons issued passports may not transfer their passports to others for use; they may not use passports for activities that violate Vietnamese law.

4. When a passport is lost within the country, the holder of the lost passport must immediately report it to the local police station where the incident occurred and to the agency that issued the passport. If the passport is lost abroad, it must be reported immediately to the competent authority of the host country and to the nearest Vietnamese diplomatic mission or consulate.

Article 22.

1. Vietnamese citizens who violate the provisions of this Decree shall, depending on the nature and degree of violation, be subject to administrative penalties or criminal prosecution as prescribed by law.

2. Vietnamese citizens have the right to lodge complaints according to the law when competent state agencies refuse to issue passports or notify them that they cannot depart from the country.

Chapter VI

IMPLEMENTING PROVISIONS

Article 23.

This Decree shall take effect fifteen days from the date of signature and shall supersede the following regulations:

Regulations on the management of departure and entry of Vietnamese citizens and Vietnamese citizens residing abroad holding Vietnamese passports for entry, exit, residence, and travel as stipulated in the Regulation on Management of Our Delegations Abroad and Foreign Delegations in Our Country promulgated together with Decision No. 12/CP dated December 1, 1992 of the Government;

Decision No. 48/CP dated July 8, 1993 of the Government on Passports and Visas;

Regulations on the departure and entry of Vietnamese citizens, and regulations on Vietnamese citizens residing abroad holding Vietnamese passports for entry, exit, residence, and travel as stipulated in Decision No. 24/CP dated March 24, 1995 of the Government on Procedures for Departure and Entry;

Regulations on the departure and entry of Vietnamese citizens, and regulations on Vietnamese citizens residing abroad holding Vietnamese passports for entry, exit, residence, and travel as stipulated in Decision No. 76/CP dated November 6, 1995 of the Government amending and supplementing certain articles of Decision No. 24/CP dated March 24, 1995 on Procedures for Departure and Entry.

The provisions on departure from and entry into Vietnam for Vietnamese citizens as stipulated in Decision No. 957/1997/QĐ-TTg dated November 11, 1997 of the Government Prime Minister.

Article 24.

1. The Ministry of Public Security shall take the lead and coordinate with the Ministry of Foreign Affairs to guide the implementation of this Decree.

2. The Ministry of Finance shall take the lead and coordinate with the Ministry of Public Security and the Ministry of Foreign Affairs to guide the fees for issuing, renewing, and reissuing passports and other certification documents mentioned in this Decree, and to guide the allocation of funds collected from such fees for handling violations related to exit and entry.

Article 25.

Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, and Chairpersons of provincial and centrally-administered city People's Committees shall be responsible for implementing this Decree.