Circular No. 09/2000/TT-BCA(A18) guides the issuance of ordinary passports within the country pursuant to Decree No. 05/2000/NĐ-CP dated March 3, 2000 of the Government on exit and entry of Vietnamese citizens.

CIRCULAR

Guidelines for issuing ordinary passports within the country pursuant toDecree No. 05/2000/NĐ-CP dated March 3, 2000 of the Governmenton departure from and entry into Vietnam of Vietnamese citizens

______________

On March 3, 2000, the Government issued Decree No. 05/2000/NĐ-CP on departure from and entry into Vietnam of Vietnamese citizens. This Decree specifically stipulates passports, procedures for issuing passports, cases not permitted to depart, authorities' powers and responsibilities, and the responsibilities of those issued passports. Now, the Ministry of Public Security provides additional specific guidelines on the issuance of ordinary passports within the country as follows:

I- PROCEDURES FOR ISSUING PASSPORTS

1- For individuals falling under points a and b, Clause 1, Article 9 of Decree No. 05/2000/NĐ-CP dated March 3, 2000 of the Government (hereinafter referred to as Decree No. 05/2000/NĐ-CP), they shall submit applications and receive results at the Department of Immigration - Ministry of Public Security.

In case the applicant wishes to submit the application and receive the result at the Provincial Police where they reside permanently or have long-term temporary residence, the Provincial Police must accept the application and provide the result smoothly. Within no more than two working days from the date of receiving complete and valid applications, the Provincial Police must immediately transfer the application to the Department of Immigration - Ministry of Public Security. The Department of Immigration is responsible for reviewing and issuing passports within no more than five working days from the date of receiving complete and valid applications.

2- For individuals falling under point c, Clause 1, Article 9 of Decree No. 05/2000/NĐ-CP, they shall directly submit their applications at the Provincial Police where they reside permanently or have long-term temporary residence.

- Within no more than ten working days (for those departing with a limited period) or twenty working days (for those departing for permanent settlement), from the date of receiving complete and valid applications, the Provincial Police is responsible for reviewing and, if not falling under the category of those not permitted to depart as specified in Article 14 of Decree No. 05/2000/NĐ-CP, sending the application to the Department of Immigration.

- Within no more than five working days (for those departing with a limited period) or ten working days (for those departing for permanent settlement), from the date of receiving complete and valid applications, the Department of Immigration is responsible for checking and issuing passports.

If necessary, applicants may directly submit their passport application at the Department of Immigration. Within no more than fifteen working days (for those departing with a limited period) or thirty working days (for those departing for permanent settlement), from the date of receiving complete and valid applications, the Department of Immigration is responsible for reviewing and issuing passports.

For cases where applications for passport issuance are submitted at the Provincial Police, if more than ten working days (for those departing with a limited period) or twenty working days (for those departing for permanent settlement) have passed without notification from the Provincial Police that the application has been transferred to the Department of Immigration, the citizen may directly submit the application (along with a receipt confirming submission at the Provincial Police) and receive the result at the Department of Immigration. The Department of Immigration is responsible for reviewing and issuing passports within no more than five working days from the date of receiving complete and valid applications and informing the Provincial Police.

3- The issuance of passports for religious figures traveling abroad for religious activities shall be carried out in accordance with the provisions of Decree No. 26/1999/NĐ-CP dated April 19, 1999 of the Government on religious activities and the guidance of the Government's Religious Affairs Committee, in conjunction with the provisions of Decree No. 05/2000/NĐ-CP and the guidance of the Ministry of Public Security in this Circular.

4- When Vietnamese citizens submit applications for passport issuance at the Provincial Police or the Department of Immigration, they need to present identification cards and proof of registration as permanent residents or long-term temporary residents for at least one year: household registration books, collective resident certificates, temporary residence registration books with a term, or temporary residence certificates with a term (hereinafter referred to as residence-related documents).

The officer accepting the application is responsible for checking the contents and photos on the application form, comparing them with the presented documents. If found complete and accurate, the application will be accepted.

5- For individuals falling under points b and c, Clause 1, Article 9 of Decree No. 05/2000/NĐ-CP, when submitting applications for passport issuance directly at the Provincial Police or the Department of Immigration, the application form does not require confirmation by the Head of the Ward Police where they reside permanently or have long-term temporary residence, provided they present a full identification card and residence-related documents as mentioned in point 4 above.

For those who only present identification cards without valid residence-related documents, the application form for passport issuance must be confirmed and have a photo stamp affixed by the Head of the Ward Police where they reside permanently or have long-term temporary residence.

6- When Vietnamese citizens request the Ward Police where they reside permanently or have long-term temporary residence to confirm their application for passport issuance, within no more than two working days from the date of receiving the application, the Head of the Ward Police must complete the confirmation and return the application to the applicant.

When confirming the application for passport issuance, the Head of the Ward Police must check and compare the information filled in about name, date of birth, place of permanent or long-term temporary residence registration, photo attached to the application form, number and photo on the identification card, if the information is correct, complete, and the photo attached to the application form matches the applicant, then the Head of the Ward Police signs, stamps confirmation, and stamps the photo, without charging any fee or surcharge.

7- When the Provincial Police reviews the application for passport issuance of individuals falling under point c, Clause 1, Article 9 of Decree No. 05/2000/NĐ-CP, if they find that the individual falls under the category of those not permitted to depart as specified in Article 14 of the Decree, they shall respond in writing to the applicant.

The Immigration Management Department, when inspecting personnel cases that have been reviewed and sent back by the Provincial Police or those submitted directly to the Department, if they find that such cases fall under the category of not being allowed to depart as stipulated in Article 14 of Decree No. 05/2000/NĐ-CP, shall not issue passports and notify the Provincial Police (if the file was transferred from the Provincial Police to the Immigration Management Department) or the competent authority (if the competent authority submitted the file directly to the Immigration Management Department). Upon receiving the notification from the Immigration Management Department, the Provincial Police or the competent authority must inform the applicant for passport issuance of the reasons for not issuing the passport.

II- PROCEDURES FOR EXTENDING, SUPPLEMENTING, AMENDING, AND ISSUING REPLACEMENT PASSPORTS

1. Vietnamese citizens who have been issued ordinary passports but whose passports have expired within one year, run out of pages, are torn, dirty, or stained, now request to extend, supplement, amend, or issue replacement passports. The application dossier includes:

- One form requesting extension, supplementation, amendment, or replacement of passport, according to the model of the Immigration Management Department - Ministry of Public Security.

- In cases where children under 16 years old are requested to be added to their parents' or guardians' passports, a birth certificate of the child (original or certified copy) must be attached. If the child travels with a guardian, in addition to the birth certificate, a document certifying that the passport holder is the guardian of the child must also be attached.

- In cases where personal details in the passport need to be amended (such as name, date of birth, place of birth...), relevant legal documents regarding the change of such personal details must be attached.

- In cases where the passport is lost or has expired for more than one year, a new passport will be considered for issuance. The procedure for issuing a new passport shall be carried out in accordance with points a, b, and c, Clause 1, Article 9 of Decree No. 05/2000/NĐ-CP. If the passport is lost, a report of loss of passport with confirmation from the police station where the report was made must be submitted. The person who lost the passport must immediately report to the nearest police station and send the report to the Immigration Management Department.

2- Place to receive applications and deliver results: Immigration Management Department - Ministry of Public Security or Exit and Entry Management Office under the Provincial Police.

3- Time limit for processing:

- If the application is submitted to the Immigration Management Department, within five working days from the date of receipt of complete and valid files, the Immigration Management Department will examine and process the application and deliver the result to the applicant.

- If the application is submitted to the Exit and Entry Management Office under the Provincial Police, within two working days from the date of submission, the Provincial Police must immediately transfer the file to the Immigration Management Department.

Within three working days from the date of receipt of complete and valid files, the Immigration Management Department will examine and process the application and transfer the result to the Provincial Police for delivery to the applicant.

III- MANAGEMENT OF THE LIST OF VIETNAMESE CITIZENS NOT PERMITTED TO DEPART

1- Investigative agencies, Procuratorates, Courts, enforcement agencies, or the Ministry of Health, if they require that Vietnamese citizens not be permitted to depart according to points a, b, and d, Clause 1, Article 14 of Decree No. 05/2000/NĐ-CP, must submit a written notice to the Immigration Management Department - Ministry of Public Security specifying: full name, date of birth, place of permanent residence registration, reason, and duration of prohibition on departure.

2- The Minister of Public Security is responsible for reviewing and deciding on cases not permitted to depart as stipulated in points d and e, Clause 1, Article 14 of Decree No. 05/2000/NĐ-CP.

3- The Director of the Immigration Management Department - Ministry of Public Security is responsible for reviewing and deciding on cases not permitted to depart as stipulated in point c, Clause 1, Article 14 of Decree No. 05/2000/NĐ-CP.

4- For those mentioned in points 1, 2, and 3 of Section III of this Circular, the Immigration Management Department shall not issue passports and notify the competent authority or the applicant in writing. If a passport has already been issued, it shall be recalled or declared void.

5- The Immigration Management Department - Ministry of Public Security is responsible for uniformly managing the list of Vietnamese citizens not permitted to depart as stipulated in Article 14 of Decree No. 05/2000/NĐ-CP.

IV- IMPLEMENTATION

1- Based on the regulations of the Government and the guidance provided in this Circular, the Immigration Management Department is responsible for issuing related forms for passport issuance, extension, supplementation, amendment, and replacement; establishing procedures for processing applications for passport issuance, extension, supplementation, amendment, and replacement, and providing detailed guidance for provincial public security departments to implement.

2- This Circular takes effect from the date of issuance and replaces Part A on exit procedures for Vietnamese citizens in Circular No. 02/TT-BNV (A18) dated April 30, 1995, of the Ministry of Home Affairs (now the Ministry of Public Security).

Any other guidelines or regulations of the Ministry of Public Security concerning the exit and entry of Vietnamese citizens that conflict with this Circular are hereby abolished./.