JOINT CIRCULAR No. 08/2009/TTLT/BCA-BNG GUIDING THE ISSUE OF ORDINARY PASSPORTS AND TRAVEL DOCUMENTS FOR VIETNAMESE CITIZENS ABROAD IN ACCORDANCE WITH THE GOVERNMENT DECREE No. 136/2007/NĐ-CP OF AUGUST 17, 2007 ON EXITING AND ENTERING VIETNAM BY VIETNAMESE CITIZENS

JOINT CIRCULAR

Guidelines for issuing ordinary passports and travel documents abroad

pursuant to Decree No. 136/2007/NĐ-CP dated August 17, 2007 of the Government

on exit and entry of Vietnamese citizens

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Pursuant to Decree No. 136/2007/NĐ-CP dated August 17, 2007 of the Government on exit and entry of Vietnamese citizens (hereinafter referred to as Decree No. 136/2007/NĐ-CP);

To facilitate the issuance, amendment, and supplementation of ordinary passports and travel documents for Vietnamese citizens abroad, the Ministry of Public Security and the Ministry of Foreign Affairs hereby provide the following guidelines:

Article 1. General Provisions

1. Vietnamese citizens residing abroad who wish to apply for, amend, or supplement ordinary passports (hereinafter referred to as passports) or apply for travel documents shall submit their applications and receive results at diplomatic missions, consular offices, or other Vietnamese agencies authorized to perform consular functions abroad (hereinafter referred to as Vietnamese representative offices). In cases where they are located in countries without Vietnamese representative offices, they may submit their applications and receive results at the nearest Vietnamese representative office.

2. The refusal to issue, amend, or supplement passports, or to issue travel documents for Vietnamese citizens residing abroad as stipulated in Clause 2, Article 23 of Decree No. 136/2007/NĐ-CP shall be implemented based on notifications from the Immigration Management Department under the Ministry of Public Security.

3. Documents used as grounds for issuing, amending, or supplementing passports and issuing travel documents include one of the following:

a) A document proving Vietnamese nationality (with photograph) as prescribed by Vietnamese laws on nationality issued over different periods;

b) A document issued by a competent Vietnamese state management agency that is still valid and contains all personal identification details and a photograph. Personal identification details of an individual include: full name, date of birth, place of birth, gender, and nationality.

These documents if expired or without photographs can only be used as references for issuing, amending, or supplementing passports and issuing travel documents.

4. Prior to issuing, amending, or supplementing passports and issuing travel documents, Vietnamese representative offices have the responsibility to check against the list of individuals who have lost Vietnamese nationality to ensure that those applying for, amending, or supplementing passports and issuing travel documents hold Vietnamese nationality.

5. Vietnamese representative offices shall organize the retention and management of application files for issuing, amending, or supplementing passports and issuing travel documents for a period of ten years from the date of issuance, amendment, or supplementation of such passports and travel documents.

Article 2. Issuance, Amendment, and Supplementation of Passports

1. For the case of applying for a passport for the first time:

a) Regarding the application materials:

- One application form as prescribed;

- Two newly taken photographs, size 4 x 6 cm, frontal view, bareheaded, white background;

- A copy or photocopy of the document used as grounds for issuing the passport (as stipulated in Clause 3, Article 1 of this Circular);

- A copy or photocopy of a document proving the applicant's presence in the host country.

The application form for the issuance of passport according to form X

+ Children under 14 years old may be issued a separate passport or included in their parent's (biological or adoptive) Vietnamese passport (hereinafter referred to as parent); they cannot be included in the guardian's passport; a passport will only be issued to them upon confirmation of Vietnamese nationality.

+ In addition to the application form and photographs as prescribed above, the application for a passport must also include a copy or photocopy of the birth certificate clearly stating the Vietnamese nationality of the child; if the birth certificate does not clearly indicate Vietnamese nationality, additional proof of Vietnamese nationality must be submitted; if the child is adopted, an additional copy or photocopy of the decision recognizing the adoption must be provided.

+ The application form must be signed by the parent or guardian. If the application form is signed by the guardian, a copy or photocopy of a legal document confirming the guardian status must be submitted. If the application is for inclusion in the parent's passport, it should be filled out jointly with the parent's application form and two photographs, size 3 x 4 cm, of the child must be submitted.

- If the documents mentioned herein are photocopies, the original must be presented for verification and comparison.

b) Processing by the Vietnamese representative office:

- Within no more than five working days from the receipt of complete and valid application materials, the Vietnamese representative office shall decide to issue the passport and deliver the result to the applicant.

- If the application materials do not provide sufficient grounds for issuing a passport, the Vietnamese representative office shall request the applicant to clearly report personal information and request the Immigration Management Department under the Ministry of Public Security to verify. Personal information of an individual includes: personal identification details and supporting information for identifying an individual such as permanent or temporary residence address in Vietnam before departure, detailed entry-exit documents (type, number, date, and issuing authority), and relatives in Vietnam.

Within no more than forty-five days from the date of receiving the request for verification of personal information of the applicant, the Immigration Management Department shall be responsible for verifying and replying in writing to the Vietnamese representative office.

Within no more than five working days from the receipt of the notification from the Immigration Management Department, the head of the Vietnamese representative office shall review and decide on the issuance of the passport and reply with the result to the applicant.

2. For the case of reissuing a passport (due to loss, damage, expiration of validity, separation of a child from a parent's passport), or when a passport still has validity but requires replacement:

a) Regarding the application materials:

- Application form, photographs, and documents as specified in point a, Clause 1 of this Article.

- Return the previously issued passport. If the passport is lost, submit a report of its loss.

- If requesting separation of a child from a parent's passport, submit two photographs, size 4 x 6 cm, of the child.

- If the passport was issued by the Vietnamese representative office itself, there is no need to submit documents used as grounds for issuing the passport.

b) Processing by the Vietnamese representative office:

- Within no more than five working days from the receipt of complete and valid application materials, the Vietnamese representative office shall decide to reissue or replace the passport and deliver the result to the applicant.

- In case of separating children from their parents' Vietnamese passport (issuing separate passports for the children), after issuing the passport for the child, the Vietnamese representative office shall annotate in two languages (Vietnamese and English) on one of pages 6, 7, or 8 of the parent's passport with the following content: "Delete the name of the child ... at page 4 of this passport."

- In case the passport is damaged, has expired, or requires renewal, or if there is still validity but a need to replace it, after issuing the new passport, the Vietnamese representative office shall photograph the personal information page of the old passport for record-keeping purposes and punch holes in the old passport (on the right side, below, from page 1 to page 24 of the passport, except for pages containing valid visas or residence permits issued by foreign countries) and return it to the applicant.

- In case the application lacks sufficient grounds for renewal or replacement of the passport, the Vietnamese representative office shall require the applicant to clearly declare personal factors and request the Exit and Entry Administration under the Ministry of Public Security or the Vietnamese representative office that issued the passport to verify. The verification requirement by the Vietnamese representative office, the response deadline of the issuing authority, and the deadline for the Vietnamese representative office to respond to the applicant shall be carried out according to the provisions of point b, Clause 1, Article 1 of this Regulation.

3. For cases requesting amendments to the passport (adjusting surname, given name, date of birth, place of birth, gender, citizen identification number in the passport), or adding children under 14 years old to the Vietnamese passport of the father or mother:

a) Regarding the application materials:

- In case of requesting adjustments to surname, given name, date of birth, place of birth, gender, citizen identification number, submit one application form, one 4x6 cm photo, and a copy or scanned document proving the adjustment (if a scan is submitted, the original must be presented for verification).

- In case of requesting to add children under 14 years old to the Vietnamese passport of the father or mother, the application shall comply with the provisions of point a, Clause 1, Article 1 of this Regulation (for children under 14 years old). If the child is born to a Vietnamese citizen and a foreigner, the Vietnamese representative office will only add children who hold Vietnamese citizenship to the Vietnamese passport of the father or mother.

b) Processing by the Vietnamese representative office:

- Within no more than five working days from the date of receiving complete and valid applications, the Vietnamese representative office shall decide on amending or supplementing the passport and deliver the result to the applicant.

- In case of adding children under 14 years old to the Vietnamese passport of the father or mother, the Vietnamese representative office shall annotate in two languages (Vietnamese and English) on one of pages 6, 7, or 8 of those passports with the following contents: "Add child ... at page 4 and adjust the validity of this passport to ... day ... month ... year ..." according to the amendment period specified in Clause 3, Article 3 of this Circular.

- In case of adjusting surname, given name, date of birth, place of birth, gender, citizen identification number, annotate: "Amend ... at page 4 of this passport to ...".

- In case the application lacks sufficient grounds for amending or supplementing the passport, the Vietnamese representative office shall require the applicant to clearly declare personal factors and request the Exit and Entry Administration under the Ministry of Public Security to verify. The verification requirement by the Vietnamese representative office, the response deadline of the Exit and Entry Administration, and the deadline for the Vietnamese representative office to respond to the applicant shall be carried out according to the provisions of point b, Clause 1, Article 1 of this Regulation.

4. In case the applicant presents a personnel confirmation certificate issued by the Exit and Entry Administration under the Ministry of Public Security (in accordance with the model), within no more than five working days, the Vietnamese representative office shall process the issuance, amendment, or supplementation of the passport and deliver the result to the applicant.

Article 3. Regarding the validity period of passports

1. Passports issued to citizens aged 14 years or older have a validity period not exceeding 10 years from the date of issuance and cannot be extended. For passports with a validity period of 5 years, if at least 30 days before expiration, the passport holder requests, it can be extended once for no more than 3 years.

2. Passports issued to children under 14 years old (issued separately or jointly with their father or mother's passport) have a validity period of 2 to 5 years from the date of issuance, consistent with the foreign residency laws of the receiving country and cannot be extended.

3. In cases where a child under 14 years old is added to a parent’s Vietnamese passport, the validity period of the parent’s passport will be adjusted to 2 to 5 years from the date of adding the child, consistent with the foreign residency laws of the receiving country.

Article 4. Regarding reporting lost passports and handling by Vietnamese representative offices

1. Within 48 hours from the time of discovering a lost Vietnamese passport, the passport holder must report the loss to the nearest Vietnamese representative office abroad and the competent authority of the host country.

2. After receiving the report, the Vietnamese representative office promptly informs the personal information of the passport holder, number, date of issuance, and place of issuance of the passport to the Immigration Management Department, Ministry of Public Security to invalidate the passport, and simultaneously notifies the competent authority and the local diplomatic mission.

3. A passport reported as lost and invalidated, when found, shall not be restored.

Article 5. Regarding the issuance of travel documents

1. Travel documents are issued to Vietnamese citizens in the following cases:

a) Going abroad for a limited period for work, study, tourism, or other personal matters while the passport is lost or has expired, and there is a desire to return to Vietnam.

b) Not being allowed to reside abroad, being forced to leave, or voluntarily requesting to return to Vietnam without a valid passport.

c) Having a written expulsion decision by the competent authority of a foreign country without a valid passport.

d) Being required to return to Vietnam by the competent authority of Vietnam without a valid passport.

2. Documents, procedures, and processing by Vietnamese representative offices:

a) For cases going abroad for a limited period for work, study, tourism, or other personal matters due to a lost or expired passport (as mentioned in point a, Clause 1, Article 1 of this Circular) and cases not being allowed to reside abroad, being forced to leave, or voluntarily requesting to return to Vietnam without a valid passport (as mentioned in point b, Clause 1, Article 1 of this Circular):

- Regarding documents:

+ One application form according to the prescribed model;

+ Two new photographs, size 4 x 6 cm, frontal view, bareheaded, white background.

+ A copy or photograph of the document used as the basis for issuing the travel document as stipulated in Clause 3, Article 1 of this Circular (if it is a photograph, then present the original for verification).

+ Expired passport or loss report form.

+ If voluntarily requesting to return to Vietnam, clearly state this intention on the application form.

- Processing by Vietnamese representative offices:

+ Within no more than 5 working days from the date of receiving complete and valid documents, the Vietnamese representative office decides to issue the travel document and deliver the result to the applicant.

+ If the documents do not provide sufficient grounds for issuing the travel document, request the applicant to clearly report personal information and request the Immigration Management Department, Ministry of Public Security to verify. The verification request by the Vietnamese representative office, the response deadline of the Immigration Management Department, and the deadline for the Vietnamese representative office to respond to the applicant shall be implemented according to point b, Clause 1, Article 2 of this Circular.

b) For cases having a written expulsion decision by the competent authority of a foreign country without a valid passport (as mentioned in point c, Clause 1, Article 1 of this Circular):

- Regarding documents: including the application form, photographs, and documents as mentioned in point a, Clause 2 of this Circular, and a photograph of the effective expulsion decision by the competent authority of the host country.

- Processing by Vietnamese representative offices:

+ The Vietnamese representative office sends a request for verification of personal information and information about the expulsion decision of the host country (number and date of decision, reasons for expulsion, enforcement period...) of the person expelled to the Immigration Management Department, Ministry of Public Security for verification. Within no more than 45 days from the date of receiving the verification request, the Immigration Management Department of the Ministry of Public Security responds in writing to the Vietnamese representative office.

+ The Vietnamese representative office only issues a travel document upon approval by the Immigration Management Department, Ministry of Public Security.

c) For cases required to return to Vietnam by the competent authority of Vietnam within the country without a valid passport (as mentioned in point d, Clause 1, Article 1 of this Circular), the Vietnamese representative office issues a travel document based on the notification of the Immigration Management Department, Ministry of Public Security.

3. After issuing travel documents for cases having a written expulsion decision by the competent authority of a foreign country or cases required to return to Vietnam by the competent authority of Vietnam without a valid passport, the Vietnamese representative office reports to the Immigration Management Department, Ministry of Public Security about the number, date of issuance of the travel document, time, means of transportation, and entry port of the person issued the travel document.

4. In cases where Vietnamese citizens are forced to leave abroad or have a written expulsion decision by the competent authority of the host country belonging to the scope defined in international treaties between Vietnam and the host country regarding the repatriation of Vietnamese citizens, they shall be handled according to the provisions of that international treaty.

Article 6. Implementation Organization

1. The Immigration Management Department, Ministry of Public Security is responsible for:

a) Proposing the Minister of Public Security to promulgate the model of passports and travel documents after reaching a consensus with the Consular Affairs Department, Ministry of Foreign Affairs.

b) Issuing the application form for passport issuance and amendment; the application form for travel document issuance; the confirmation form of personal information; the loss report form of passports abroad and other related forms after reaching a consensus with the Consular Affairs Department, Ministry of Foreign Affairs.

c) Organize and manage blank passport and travel document forms; print and supply blank passports and travel documents according to the budget estimates and requests of the Consular Department, Ministry of Foreign Affairs.

d) Take the lead and coordinate with the Consular Department, Ministry of Foreign Affairs to implement the networking of computers for transmitting data on issuing passports and travel documents for citizens from Vietnamese representative offices and the Consular Department, Ministry of Foreign Affairs to the Immigration Management Department, Ministry of Public Security, ensuring uniformity and synchronization of programs.

Coordinate with the Consular Department, Ministry of Foreign Affairs to guide and answer questions from Vietnamese representative offices regarding difficulties arising during the implementation of this Circular; organize inspections and monitor the implementation of this Circular at Vietnamese representative offices upon request.

2. The Consular Department, Ministry of Foreign Affairs shall be responsible for:

a) Guide and answer questions from Vietnamese representative offices regarding difficulties arising during the implementation of this Circular after reaching a consensus through consultations with the Immigration Management Department, Ministry of Public Security.

b) Take the lead and coordinate with the Immigration Management Department, Ministry of Public Security to organize inspections and monitor the implementation of this Circular at Vietnamese representative offices.

Organize and guide Vietnamese representative offices to implement the networking of computers for transmitting data on issuing and amending passports and issuing travel documents to the Consular Department, Ministry of Foreign Affairs and the Immigration Management Department, Ministry of Public Security.

Estimate and request the Immigration Management Department, Ministry of Public Security to print blank passports and travel document forms; receive the blank forms and settle printing costs with the Immigration Management Department; supply blank passports and travel document forms to Vietnamese representative offices.

This Joint Circular shall take effect 45 days from the date of signature and replace Joint Circular No. 03/2002/TTLT/CA-NG dated January 29, 2002 of the Ministry of Public Security and the Ministry of Foreign Affairs guiding the issuance of ordinary passports and travel documents abroad under Decree No. 05/2000/NĐ-CP dated March 3, 2000 of the Government on exit and entry of Vietnamese citizens./.