Decision No. 05/2002/QĐ-BNG dated July 30, 2002, of the Minister of Foreign Affairs Issuing Regulations on the Organization and Handling of Consular Work (excerpt)

Pursuant to …;

Issued by the Minister of Foreign Affairs to promulgate Regulations on the organization of handling consular affairs (excerpt)

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Article 1. Issued together with this Decision:

1. Regulations on the organization of handling consular affairs at the Consular Department, Ho Chi Minh City Department of Foreign Affairs, and diplomatic missions, consular posts, and other agencies authorized to perform consular functions of Vietnam abroad (hereinafter referred to as the mission).

2. The following forms and books:

• Form No. 01/NG-LS "Register of Citizens"

• Form No. 02/NG-LS "Citizen Registration Form"

• Form No. 03/NG-LS "Passport Issuance Book for Diplomatic and Official Passports"

• Form No. 04/NG-LS "Common Passport Issuance Book for Vietnamese Citizens Abroad"

• Form No. 05/NG-LS "Extension, Amendment, and Supplement Book for Passports of Vietnamese Citizens Abroad" (applicable to all three types of passports)

• Form No. 06/NG-LS "Travel Document Issuance Book"

• Form No. 07/NG-LS "Visa Issuance Book for Foreign Nationals and Vietnamese Nationals Holding Foreign Passports"

• Form No. 08/NG-LS "Amendment and Supplement Book for Visas of Foreign Nationals and Vietnamese Nationals Holding Foreign Passports"

• Form No. 09/NG-LS "Record Book for Granting and Reacquiring Vietnamese Citizenship"

• Form No. 10/NG-LS "Record Book for Losing Vietnamese Citizenship"

• Form No. 11/NG-LS "Delegation Record Book for Judicial Assistance"

• Form No. 12/NG-LS "Statistical Report on Consular Affairs"

• Form No. 13/NG-LS "Minutes of Destroying Blank Consular Forms"

• Form No. 14/NG-LS "Permit for Entry of Deceased Bodies and Remains"

• Form No. 15/NG-LS "Booklet for Permitting Entry of Deceased Bodies and Remains"

• Form No. 16/NG-LS "Report on Management and Use of Blank Consular Forms"

Article 2. This Decision takes effect thirty days from the date of signature and replaces Decision No. 297/QĐ-NG dated September 26, 1996 issued by the Ministry of Foreign Affairs on certain regulations regarding procedures and formalities for handling consular affairs.

REGULATIONS ON THE ORGANIZATION OF HANDLING CONSULAR AFFAIRS

(Annexed to Decision No. 05/2002/QĐ-BNG dated July 30, 2002

of the Minister of Foreign Affairs)

I. SIGNING OF CONSULAR DOCUMENTS:

1. Signing and Delegating Authority to Sign Documents within the Country

1.1. The Director of the Consular Department and the Director of Ho Chi Minh City Department of Foreign Affairs have the authority to sign the issuance, extension, amendment, and supplement of diplomatic and official passports; sign the issuance, amendment, and supplement of visas for foreign nationals entitled to diplomatic and consular privileges and immunities; sign letters and telegrams notifying or guiding consular work to the mission; sign legalization, certification, and other documents as prescribed by law.

1.2. The Director of the Consular Department may delegate authority to Heads of Departments and Deputy Heads of Functional Departments within the Consular Department to sign the documents mentioned in Section 1.1, except for signing the issuance, extension, amendment, and supplement of diplomatic passports, and letters and telegrams to the heads of missions.

The Director of Ho Chi Minh City Department of Foreign Affairs may delegate authority to Heads of Departments and Deputy Heads of Consular Departments within the Department to sign the documents mentioned in Section 1.1, except for signing the issuance, amendment, and supplement of diplomatic passports.

2. Signing and Delegating Authority to Sign Documents and Materials at Vietnamese Missions Abroad

2.1. The head of the mission has the authority to sign the issuance, extension, amendment, and supplement of various types of passports and travel documents; sign the issuance, amendment, and supplement of various types of visas; sign notarization, legalization of documents and materials; sign documents related to civil status, nationality, and other consular-related documents as prescribed by law.

2.2. The head of the mission may delegate authority to diplomatic officials performing consular functions or consular officials to sign the documents mentioned in Section 2.1, except for signing the issuance, extension, amendment, and supplement of diplomatic passports. In missions with a consular department, the head of the mission may delegate authority to the Head of the Consular Department to sign the documents mentioned in Section 2.1.

2.3. The person delegated must meet the criteria set out in Clause 2, 3, and 4 of Article 2 of Decree No. 189/HĐBT dated June 4, 1992 of the Council of Ministers detailing the implementation of the Consular Ordinance. Based on the actual situation and requirements of consular work in the area, the head of the mission decides the number (from one to three) of persons authorized to sign consular documents.

2.4. Procedures for Delegation and Termination of Delegation:

2.4.1. The delegation and termination of authority to sign consular documents must be recorded in writing and kept at the mission and reported to the Consular Department. The notification of delegation must be signed by the head of the mission (or deputy) and must clearly state the name, position of the person delegated, the necessity of delegation, the scope of delegation, accompanied by nine (09) samples of the person's signature.

2.4.2. Based on Point 2.3, the Consular Department will examine and respond to the mission within five working days regarding acceptance or non-acceptance of the registration of delegation; if rejected, the reasons must be clearly stated.

2.4.3. Those authorized to sign consular documents can only sign such documents after receiving notification from the Consular Department of acceptance of the registration of delegation.

2.4.4. In cases where the registration of delegation is not agreed upon or the person delegated commits serious violations, the Director of the Consular Department requests the head of the mission to withdraw or terminate the delegation. If consensus cannot be reached on this issue, the Consular Department reports to the Ministry Leadership for decision.

2.4.5. The Consular Department is responsible for notifying the sample signatures, scope of delegation, and termination of delegation of the person delegated to sign consular documents to the Ho Chi Minh City Department of Foreign Affairs, Exit-Entry Administration Department (Ministry of Public Security), Border Guard Command (Ministry of National Defense), and other relevant agencies.

The mission is responsible for introducing the sample signatures and scope of delegation of the person delegated to sign consular documents to relevant foreign agencies after receiving notification from the Consular Department of acceptance of the registration of delegation.

2.4.6. The Consular Department and Vietnamese missions abroad are responsible for managing and keeping records of the notifications of delegation and termination of delegation mentioned above.

II. PROCEDURES FOR ISSUING CONSULAR DOCUMENTS:

1. The procedures for issuing consular documents at the Consular Department, Ho Chi Minh City Department of Foreign Affairs, and missions are carried out as follows:

a) Accepting the file:

- Checking the file; if the file is complete and valid, issue a receipt, and schedule a date to deliver the result;

- Issuing a provisional receipt or payment invoice;

- Transferring the file to the processing department.

b) Collecting fees;

c) Processing the file:

- Proposing a solution;

- Approving the proposal; for exceptional cases, the approver must sign and clearly state the reasons on the file.

- Sending telegrams to related agencies (if necessary); receiving and storing replies from domestic agencies (for representative offices);

- Writing or entering data and printing; affixing thin film (for passports);

- Stamping with business seals;

- Signing and issuing;

- Stamping with the national emblem;

- Recording in the logbook and transferring to the results delivery department.

d) Delivering the result:

- Conducting a final check on the processed file;

- Returning documents with signatures acknowledging receipt;

- Transferring the entire file into the storage system.

e) Storing files according to tasks and chronological order of resolution.

2. Principles for Resolution:

a) Each staff member processes and is responsible for one or several tasks of the above process. In places where consular work is not abundant or there are insufficient staff to handle each task, one person may perform multiple tasks of this process but must ensure: one person does not resolve all tasks as a closed process; the person writing invoices does not simultaneously collect money; the signer does not simultaneously hold and stamp with the national emblem; the signer and holder of the seal do not simultaneously manage blank documents (passports, visas, civil status papers, nationality papers, etc.).

b) The file processing stage (point II.1.c) must be carried out by diplomatic or consular staff, except for writing, entering data, printing, affixing thin film, stamping, and recording in the logbook, which can be performed by other staff.

3. Consular files and documents must be directly submitted by the party concerned and received by consular staff at the office premises. It is strictly prohibited to accept consular files and documents outside the office premises. In special cases, if there are legitimate reasons preventing the party from submitting documents directly to the office, they may be resolved through authorization. Abroad, the head of the representative office shall, based on specific circumstances in their area, regulate in writing the acceptance and resolution of consular files through authorization.

4. The Consular Bureau, the Department of Foreign Affairs of Ho Chi Minh City, and Vietnamese representative offices abroad are responsible for publicly announcing current regulations regarding procedures for issuing consular documents, consular fees, and reception schedules.

III. MANAGEMENT OF WHITE DOCUMENTS AND STORAGE OF CONSULAR WORK FILES

MANAGEMENT OF WHITE DOCUMENTS AND STORAGE OF CONSULAR WORK FILES

1. Management of white consular documents:

a) White consular documents include: various types of passports, visas (stamped, separate), travel documents, protective films, civil status documents.

b) Annually, the representative office bases on actual needs, the quantity used in previous years, and forecasts with the Consular Bureau the quantity of white consular documents needed for the following year. The Consular Bureau plans printing and purchasing of white consular documents, ensuring timely supply to the representative office.

c) The head of the representative office sends a document to the Consular Bureau detailing the quantity of white consular documents requested and authorizing staff members of the office or individuals with diplomatic passports to handle the receipt of white consular documents at the Consular Bureau and transportation to the representative office. The head of the representative office is responsible for this authorization.

d) White consular documents must be managed as confidential materials and stored in the warehouse of the representative office. The head of the representative office appoints staff to manage white consular documents; the representative office must strictly comply with regulations on warehouse entry and exit, theft prevention, fire protection, moisture control, etc.

e) Quarterly and annually, the representative office reports on the management and use of white consular documents (according to form number 16/NG-LS) up to the last day of the quarter. Reports are sent to the Consular Bureau via telegram no later than the tenth day of the next quarter. Representative offices that fail to submit reports may temporarily have their supply of white consular documents suspended.

f) For white consular documents that do not meet issuance standards, damaged due to technical errors during issuance or use, the head of the representative office establishes an inventory committee, prepares a record (form number 13/NG-LS), and proceeds to destroy them and notify the Consular Bureau.

2. Management and storage of consular work files:

Each agency must establish and store two types of files:

a. Principle files: including legal regulations, international treaties, files and related documents concerning the establishment of Vietnamese and foreign consular offices, circulars, telegrams, and guidance documents for consular work issued by the Ministry and the Consular Bureau.

Consular work can be researched and applied according to these documents.

b. Document issuance files: stored by type of work and chronological order of resolution:

- For passport renewal cases, the file must clearly indicate the passport number, name of the signatory, and the date of the old passport issuance.

- Passport issuance files are stored for eight years; passport extension files are stored for three years.

- Travel document issuance files are stored for three years.

- Non-citizen visa issuance files (including Vietnamese citizens holding foreign passports) are stored for one year; visa issuance telegrams are stored separately for three years.

- Legalization and certification of documents are stored for five years.

- Notarization and issuance of civil status and nationality documents are stored according to legal provisions.

2. Logs for each type of consular work are established according to a unified model and stored indefinitely.

3. The Director of the Consular Bureau, the Director of the Department of Foreign Affairs of Ho Chi Minh City, and the heads of representative offices designate staff to store and preserve files.

IV. IMPLEMENTATION

1. The Consular Bureau, the Department of Foreign Affairs of Ho Chi Minh City, and the representative offices shall strictly implement this Regulation. Annually, the representative offices and the Department of Foreign Affairs of Ho Chi Minh City shall conduct a review of the implementation of this Regulation and submit to the Consular Bureau a report on consular work and any recommendations (if any) during the implementation of this Regulation.

2. The Department of Foreign Affairs of Ho Chi Minh City and the representative offices must strictly comply with the regular submission of consular reports to the Ministry (Consular Bureau) for the Consular Bureau to assist the Ministry in compiling the situation of consular work abroad, statistics on the number of passports, visas, civil status documents, and consular certification, legalization, and notarization. Quarterly, mid-year, and annually, the Department and the representative offices shall submit to the Consular Bureau consular reports up to the end of the last day of each quarter, mid-year, and each year (according to form number 12/NG-LS). These reports shall be submitted no later than the 10th day of the first month of each quarter (Quarterly Report), the 7th month (Mid-Year Report), and the 1st month of the following year (Annual Report).

3. Organizations and individuals violating this Regulation shall be subject to handling according to the degree of violation.

4. The Consular Bureau shall be responsible for guiding and monitoring the implementation of this Regulation.