Agreement 10/2009/SL-LPQT

The Agreement between the Government of the Socialist Republic of Vietnam and the Government of the Kingdom of Sweden on the Acceptance for Return of Nationals, signed in Stockholm on June 16, 2008, entered into force on December 31, 2008.

THE AGREEMENT

Between the Government of the Socialist Republic of Vietnam and

the Government of the Kingdom of Sweden on the Acceptance for Return of Nationals

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The Government of the Socialist Republic of Vietnam and the Government of the Kingdom of Sweden (hereinafter referred to as "the Contracting Parties"),

With the desire to further develop cooperation between the two countries to ensure better implementation of regulations on personal movement,

Recognizing the need to combat illegal migration and to facilitate the acceptance for return, on a reciprocal basis, of persons who have entered and resided illegally on the territory of each Contracting Party,

In accordance with international agreements to which both countries are parties,

Have agreed as follows:

Article 1. - Methods using measuring devices: The minimum number of sampled calls required for each of the above indicators is 1,500 calls. Determination can be made using one or both of the following methods, or a combination thereof:

For the purposes of this Agreement, the terms below shall be understood as follows:

a) “Visameans a valid permit issued by an authorized authority of a Contracting Party to a person allowing that person to enter and stay continuously on its territory for a specified period under the applicable laws of that country;

b) “Residence Permitmeans a valid permit issued by an authorized authority of a Contracting Party to a person allowing that person to enter and reside multiple times on its territory. A residence permit is not a visa and shall not be considered a temporary residence permit granted to a person awaiting refugee status determination or pending deportation proceedings allowing that person to remain on the territory of a Contracting Party;

c) “Specific requirementsRequest for Acceptance for Return

d)Legal Notice Receivedmeans that the returning person has received the final and effective decision of the competent authority of the requesting Contracting Party ordering that person to leave that country.

e)Acceptance for Return Filemeans the diplomatic note accompanying the request for acceptance for return, a list of persons to be returned and their personal data. In cases of return to Vietnam, where possible, the acceptance for return file should include a "Personal Declaration". These documents must be translated into Vietnamese.

Article 2. Acceptance for Return of Nationals of the Contracting Parties

1. At the request of a Contracting Party, the other Contracting Party shall accept for return a person who does not meet the legal requirements for entry and residence on its territory, provided that such person:

a) Has nationality of the requested Contracting Party, without simultaneously having nationality of the requesting Contracting Party or of any other country;

b) Previously had a lawful residence permit on the territory of the requested Contracting Party and does not have a habitual residence in a third country;

c) Has received a legal notice from the competent authority of the requesting Contracting Party ordering that person's expulsion from its territory, in accordance with its laws.

2. For a person meeting all conditions set out in points (a) and (c) of paragraph 1 of this Article and who had a habitual residence in a third country before arriving at the territory of the requesting Contracting Party, the requesting Contracting Party shall allow the person to return to that third country or any other country where the person holds a lawful residence permit consistent with the person's wishes.

3. The requesting Contracting Party shall immediately accept for return without any procedure if the competent authorities of the requested Contracting Party discover that the returning person does not meet the conditions for acceptance for return as stipulated in paragraph 1 of this Article.

Article 3. Rights of the Returning Person

1. The transfer and acceptance for return of the returning person must be carried out in accordance with the provisions of this Agreement, the internal laws of the Contracting Parties, international law, and ensuring principles of order, safety, respect for human dignity, taking into account humanitarian aspects and family unity of the returning person.

2. Each Contracting Party shall grant the returning person a suitable period to settle personal matters.

3. The returning person is permitted to bring or transfer to the territory of the requested Contracting Party all property, including any means of payment legally obtained during residence on the territory of the requesting Contracting Party, except for items and means prohibited from importation into the requested Contracting Party under its laws.

4. The Contracting Parties are not obliged to bear the costs of transporting the property mentioned in paragraph 3 of this Article.

Article 4. Proof or Presumption of Nationality

1. Documents proving Vietnamese nationality:

a) Valid Vietnamese passport;

b) Valid Vietnamese identity card;

c) Valid decision on acquisition of Vietnamese nationality;

d) Valid decision on restoration of Vietnamese nationality;

e) Valid certificate of Vietnamese nationality issued by competent authorities within the country, diplomatic missions, and consular offices of Vietnam abroad.

2. Documents proving Swedish nationality:

a) Valid Swedish passport;

b) Valid decision on acquisition of nationality;

c) Valid decision on restoration of nationality;

d) Valid certificate of Swedish nationality issued by competent authorities within the country, diplomatic missions, and consular offices of Sweden abroad.

3. To support the presumption of Vietnamese nationality or the validity of a residence permit of the returning person, Sweden may provide Vietnam with the following documents of Vietnam:

a) Copies of the documents listed in paragraph 1 of this Article;

b) Expired passports and identity cards;

c) Border identification card;

d) Military identification card;

e) Travel document with photograph;

f) Seaman’s passport;

g) Birth certificate;

h) Household registration book;

i) Most recent voter card;

j) Driver's license;

k) Copies of the documents listed from point (b) to (j) of this paragraph;

l) Written statement of witnesses;

m) Written statement of the returning person;

n) Written report on the language test of the returning person, only related to the languages used in the documents listed from point (a) to (k) and point (o);

o) Other documents used to assist in verifying the nationality of the returning person.

4. For the presumption of Swedish nationality or residence permit of the returning person to be valid, Vietnam may provide Sweden with the following documents from Sweden:

a) Copies of the documents mentioned in Clause 2 of this Article;

b) Expired passport;

c) Military identification card;

d) Travel document with photograph;

e) Seaman's passport;

f) Birth certificate;

g) Most recent voter registration card;

h) Driver's license;

i) Copies of the documents mentioned from points (b) to (h) of this clause;

j) Written statements of witnesses;

k) Written statement of the returning person;

l) A written report on the language test of the returning person, only related to the languages used in the documents mentioned from points (a) to (h) and point (m);

m) Other documents used to support the verification of the returning person's nationality.

5. If the evidence or evidentiary documents mentioned in Clauses 1 to 4 of this Article are insufficient to prove or presume nationality, the competent authority of the Contracting Party requested may be invited by the requesting Contracting Party to conduct an interview to determine the nationality of the concerned party. Such interviews may also be conducted by the diplomatic mission of the requested Contracting Party in the territory of the requesting Contracting Party. The requesting Contracting Party shall bear all costs associated with conducting such interviews.

Article 5. Re-admission Procedure

1. After determining that the returning person meets all conditions set forth in Clause 1 of Article 2 of this Agreement, the requesting Contracting Party shall provide the requested Contracting Party with a re-admission file. This re-admission file shall be sent to the diplomatic mission of the requesting Contracting Party in the territory of the requested Contracting Party. The diplomatic mission shall transfer the re-admission file to the competent authority of the requested Contracting Party for processing.

2. Within thirty days from the date of receipt of the re-admission file, the requested Contracting Party shall notify in writing the requesting Contracting Party whether it agrees or disagrees to re-admit the subject mentioned in Clause 1 of this Article. For those who are agreed to be re-admitted, the competent authority of the requested Contracting Party shall issue them a travel document valid for six months and send it along with a written notification to the competent authorities of the requesting Contracting Party. In cases of refusal to re-admit, the requested Contracting Party shall notify the requesting Contracting Party of the reasons for refusal.

3. The requested Contracting Party shall accept the subject for re-admission immediately upon notification of agreement to re-admit. Within six months from the date of receipt of the notification of agreement to re-admit from the requested Contracting Party, the requesting Contracting Party shall organize the transfer of the subject.

4. At least seven days before the date the concerned party arrives at the territory of the requested Contracting Party, the requesting Contracting Party shall notify the requested Contracting Party about the port of entry, flight number, estimated arrival time, list of returning persons, and personal details of the escorting officer (full name, date of birth, nationality, passport number, estimated duration of stay in the territory of the requested Contracting Party). The requested Contracting Party shall immediately confirm the reception time.

5. The Contracting Parties shall inform each other of their inability to meet the deadlines set forth in Clauses 2 to 4 of this Article in good faith in case of possible legal and practical obstacles.

Article 6. Exchange and Confidentiality of Information

1. For the purpose of implementing this Agreement, information provided to one Contracting Party regarding a specific case shall only include:

a) Personal information of the person to be re-admitted, and when necessary, personal information of their family members such as full name, former names, parents' full names, date and place of birth, gender, current and previous nationality, latest address in the territory of the requested Contracting Party;

b) Passport, travel documents, travel permits, or other identity documents (number, date of issuance, issuing authority, place of issuance, validity period, etc.);

c) Any other details necessary for verifying the person to be re-admitted;

d) Evidence that can be used to establish or presume nationality and habitual residence;

e) Residence permit and/or visa issued by the competent authorities of the Contracting Parties;

f) Route, locations, tickets, or other travel arrangements and descriptions thereof, if applicable;

g) Any information requested by a Contracting Party for the purpose of processing a re-admission request in accordance with this Agreement.

2. Each Contracting Party commits to:

a) Use the information provided under this Agreement solely for the requested purpose;

b) Keep confidential the information sent to the requested Contracting Party and not transfer it to third parties unless authorized by the requesting Contracting Party;

c) Ensure that this information is not lost, accessed without authorization, altered, or disclosed.

Article 7. Cost

1. The requesting Contracting Party shall bear all costs for transporting the person to be re-admitted, including the cost of the escort, to the international airport of the requested Contracting Party and the cost of re-admitting those mistakenly returned as mentioned in Clause 3 of Article 2 of this Agreement.

2. To facilitate the re-admission process, the requesting Contracting Party shall financially support the transportation of the re-admitted person to the final destination.

Article 8. Implementation Provisions

1. The authorized agencies to implement this Agreement are:

- For the Socialist Republic of Vietnam:

Department of Immigration - Ministry of Public Security

- For the Kingdom of Sweden:

Swedish Migration Agency,

Swedish Police.

2. Representatives of the Parties shall meet as necessary to exchange information on the implementation of this Agreement. The Parties shall also notify each other of any changes in circumstances related to the implementation of the Agreement.

Article 9. Dispute Resolution

Any disputes relating to the implementation of this Agreement shall be resolved through negotiation.

Article 10. Final Clause

1. This Agreement shall be of indefinite duration.

2. The Parties shall notify each other in writing via diplomatic channels when all necessary legal procedures for the Agreement to come into effect have been completed. The Agreement shall enter into force thirty days after receipt of the final notification.

3. Each Party may suspend the implementation of this Agreement for reasons of national security, public order, and community health by notifying the other Party in writing. Such suspension must be notified to the other Party via diplomatic channels and shall take effect on the date specified in the notification. The Agreement shall resume its effect upon the notifying Party's notification to the other Party that the grounds for suspension no longer exist.

4. At any time, each Party may propose amendments or supplements to this Agreement in accordance with its domestic laws. Amendments and supplements shall be agreed upon via diplomatic channels and shall take effect in accordance with Clause 2 of this Article.

5. Each Party may terminate the effect of this Agreement by sending a written notice to the other Party. The termination shall take effect on the first day of the second month following the date the other Party receives the written notice.

6. This Agreement shall not apply to persons entering the territory of the Parties before the date it enters into force. The Parties agree to cooperate in interviewing, verifying, and facilitating the return of individuals residing in their territories prior to the entry into force of this Agreement.

Done at Stockholm on June 16, 2008, in two original copies, each in Vietnamese, Swedish, and English. All versions shall have equal validity. In case of discrepancies in interpretation, the English version shall prevail./.