Circular No. 163/NG-TT guiding the implementation of Decree No. 24/CP dated March 24, 1995 of the Government on exit and entry procedures

CIRCULAR

OF THE MINISTRY OF FOREIGN AFFAIRS NO.: 163/NG-TT DATE: MAY 25, 1995

GUIDELINES FOR IMPLEMENTING DECREE NO. 24/CP DATED AUGUST 24, 1995

OF THE GOVERNMENT ON PROCEDURES FOR EXIT AND ENTRY.

- Pursuant to Decree No. 24/CP dated March 24, 1995 of the Government on procedures for exit and entry, the Ministry of Foreign Affairs provides detailed guidance on certain issues concerning exit and entry procedures within its jurisdiction as follows:

I - General Provisions

1) In principle, each Vietnamese citizen shall only be issued one passport. In exceptional cases due to work requirements and if there is a written request from the head of the competent authority deciding on exit, the agencies authorized to issue passports will consider issuing a new passport appropriate to the nature of the trip.

2) The Consular Department and the Ho Chi Minh City Department of Foreign Affairs, authorized by the Ministry of Foreign Affairs, shall issue diplomatic passports, service passports, and various types of visas into these passports; issue exit and entry visas, extend, supplement, and amend various types of Vietnamese visas for foreigners entitled to diplomatic, consular, and other immunities and privileges; and telegraph instructions to Vietnamese representative offices abroad to issue visas for foreigners entering Vietnam according to Article 4 of Decree No. 24/CP.

3) In accordance with the Ordinance on Representative Offices of the Socialist Republic of Vietnam Abroad dated December 2, 1993, and the Consular Ordinance dated December 13, 1990, Vietnamese representative offices abroad, including diplomatic missions, consular posts, and other representative offices (hereinafter referred to as representative offices) shall be authorized to issue various types of passports, issue visas into these passports, issue Vietnamese visas, and issue visas for foreigners.

II. Procedures for Issuing, Extending, Amending, Supplementing, and Revoking Passports and Visas for Vietnamese Citizens

1) Application dossier for passport issuance includes:

a) A document from the competent authority, as stipulated in Clauses 1, 2, or 3 of Article 1 of Decree No. 24/CP (hereinafter referred to as the competent authority), signed by the head of that agency, clearly stating the destination country, duration, port of entry, and number of exits. If the document is from the head of an agency delegated according to Clause 2 of Article 1 of Decree No. 24/CP, it must include a document from the head of the ministry and province sent to the Ministry of Foreign Affairs introducing the signature, seal, and scope of delegation.

In case the competent authority requests the issuance of a diplomatic passport or a service passport as stipulated in Clause 9 of Article 6 of Decree No. 48/CP, a letter from the competent authority detailing the requirements and nature of the trip is required.

b) An application form for passport and visa issued by the Ministry of Foreign Affairs, affixed with the applicant's photograph, stamped and confirmed by the directly managing agency. If the head of the directly managing agency signs confirmation on the application form, the document mentioned in point (a) is not necessary. Attach three photographs measuring 4x6 inches, looking straight ahead, bareheaded, taken no more than one year ago.

c) In case traveling to countries without visa exemption agreements for diplomatic passports or service passports, additional copies of the invitation letter from the foreign side or information about the name of organizations or individuals in the foreign country, the purpose of the visit, etc., should be submitted to facilitate the issuance of a diplomatic note requesting a visa.

2) In case the applicant already has a valid diplomatic passport or service passport and this exit is within twelve months of the previous exit, the following documents are required:

a) The document mentioned in point (1)(a).

b) An application form for visa issued by the Ministry of Foreign Affairs, affixed with the applicant's photograph but without the need for confirmation from the directly managing agency. If the head of the competent authority signs confirmation on the application form, the document mentioned in point (1)(a) is not necessary.

c) A valid diplomatic passport or service passport.

3) In case the applicant already has a valid diplomatic passport or service passport but the nature of the current trip differs from the previous one and requires a different type of passport, submit the dossier specified in point (2) above, along with three photographs. The receiving agency will consider issuing the appropriate type of passport according to Decree No. 48/CP and retain the old passport.

4) In case the spouse or child under 16 years old of a member of a Vietnamese representative office abroad applies to travel with that member:

a) If the applicant is a state employee, the dossier is as specified in point (1) above and a written opinion from the Personnel Organization Department of the Ministry of Foreign Affairs.

b) If the applicant is not a state employee, the dossier includes:

- An application form for passport and visa, affixed with a photograph, stamped and confirmed by the police station or commune where the applicant is registered as a permanent resident, accompanied by three photographs.

- A written opinion from the Personnel Organization Department of the Ministry of Foreign Affairs.

c) If there is a child under 16 years old accompanying, then:

- In the document from the competent authority or the confirmation from the police station or commune, it must clearly state that there is a child accompanying.

- On the application form of the father (mother) or guardian, clearly state the full name and date of birth of the child, affix the photograph with the stamp of the father (mother) or guardian's agency, and submit two photographs of the child.

5) The extension of passports is regulated as follows:

- Thirty days before the passport expires, Vietnamese citizens residing abroad should apply to the representative office for passport extension. The representative office decides on the extension period, which cannot exceed three years from the expiration date of the passport and can only be extended once.

- Those residing in the country holding diplomatic passports or service passports should apply to the Ministry of Foreign Affairs (Consular Department, Ho Chi Minh City Department of Foreign Affairs) for passport extension when they have an exit decision and can only extend once for three years.

6) Abroad, the issuance of replacement passports is regulated as follows:

a) In case of lost passport, the dossier includes:

- An application form for passport, affixed with a photograph, stamped and confirmed by the specialized department of the directly managing representative office (if available); attach the application form with three photographs.

- A certificate from the local police according to Clause 1 of Article 13 of Decree No. 48/CP.

The representative agency is responsible for reviewing the file. If there is sufficient basis to confirm that the reported passport has been lost, the representative agency shall notify in writing the diplomatic missions, consular offices of other countries, and competent authorities of the host country about the cancellation of the passport and simultaneously issue a new passport and report to the Consular Department the name, date of birth, domestic address, number, type, date of issuance, issuing authority of the old passport, and the number and date of issuance of the new passport. In cases where the person who lost the passport only needs a travel document to return home, the representative agency may issue a travel permit instead of a passport.

If there is insufficient basis to determine the status of the reported lost passport, the representative agency is responsible for notifying the issuing authority of the passport holder's name, number, and date of issuance. Only after this authority confirms the issuance of the passport will the representative agency consider issuing another passport.

b) In cases where the passport is torn, damaged, full, or expired (the passport has already been extended once):

In addition to the application form as specified in point (6)(a) above, the applicant must submit the old passport. The representative agency is responsible for verifying if it is indeed a valid passport and issuing a new one while informing the Consular Department. If the representative agency lacks sufficient basis for verification, they must seek the opinion of the Ministry of Foreign Affairs and only issue a new passport upon agreement from the Ministry.

c) In cases where there is a change in the nature of the trip or work assignment, the representative agency will review the new passport according to the provisions of Decree 48/CP, revoke and cancel the old passport.

7) Issuing diplomatic and service passports within the country is regulated as follows:

a) Vietnamese citizens working abroad with a fixed term who return to Vietnam temporarily, if they lose their passport, must submit the following documents to the authorized agency for issuing passports and visas:

- A passport application form with attached photograph, stamped with a border seal, and a letter from the managing authority requesting a new passport; accompanied by three photographs.

- A report of lost passport confirmed by the police station where the passport was lost.

b) If the person who lost the passport does not have an immediate need to exit the country, they still must report to the police station where the incident occurred and to the Ministry of Foreign Affairs.

When there is a need to exit the country, the person who lost the passport must follow the procedures stipulated in point (1).

c) In cases of replacing a torn, damaged passport, the authorized agencies for issuing passports are responsible for checking the old passport before issuing a new one. If any actions as defined in Article 14 of Decree 48/CP are discovered, they will decide to cancel, revoke, retain the passport, or transfer it to the competent authority for examination and handling. If the passport is transferred to the competent authority for handling, a new passport will only be issued after the conclusion that the passport holder did not commit any actions as defined in Article 14.

8) Issuing, extending, supplementing, amending, and revoking visas for Vietnamese citizens is regulated as follows:

a) Issuing visas:

- Those exiting the country with a fixed term will be issued an exit visa.

- Those working abroad with a fixed term returning to Vietnam temporarily will be issued a single-entry entry-exit visa. The file includes: An application form with attached photograph, approval from the management authority or directly managing department (if applicable), and a valid passport. If returning without a single-entry entry-exit visa, an exit visa must be obtained when departing. The file follows the regulations specified in point (2) above.

- The authorized agency for issuing passports and visas will consider issuing multiple-entry entry-exit or entry-exit visas based on the proposal of the head of the managing authority.

b) Extending visas:

Based on the file including a valid passport and a request letter from the managing authority, the authorized agency for issuing passports and visas will extend the visa according to the following regulations:

- An exit visa can be extended one or multiple times but the total extension period cannot exceed three months.

- A single-entry entry-exit visa can be extended one or multiple times but the total extension period cannot exceed six months.

- If an exit visa has exceeded six months or a single-entry entry-exit visa has exceeded twelve months since issuance, and the duration of the mission has ended, a new visa will be issued rather than extending the existing one.

c) Supplementing and amending visas:

- Supplementing and amending visas are carried out based on written requests from the managing authority.

- The Consular Department and the Department of Foreign Affairs of Ho Chi Minh City are authorized to supplement and amend all types of visas issued in diplomatic and service passports. Overseas Vietnamese representative agencies are authorized to supplement and amend all types of visas except for changing the number of permitted exits and entries recorded in the visa issued by the authorized agencies for issuing passports and visas within the country.

d) Revoking visas:

The authorized agency for issuing passports and visas will consider and revoke issued visas in the following cases:

- If the competent authority of Vietnam notifies that the visa holder falls under the category of those not allowed to exit or enter the country according to the law;

- When there is no longer a reason to exit or enter the country;

- When there are actions as defined in Article 14 of Decree 48/CP;

- When there are technical errors that may affect the validity of the visa. In this case, the authorized agency for issuing passports and visas will revoke the old visa and issue a new one.

9) Processing time for passports and visas:

a) The agency receiving applications for issuing passports and visas will process the application within five working days from the date of receipt of complete and valid files, except for the cases specified in point (b) below.

b) For the cases specified in points (6a, b) and (7a, b), the agency receiving applications will process the application within five working days from the date of receipt of complete and valid files if there is sufficient basis to verify the passport. For cases requiring passport verification, the agency will process the application within five working days from the date of receipt of the verification opinion from the relevant authority.

The relevant authority shall respond to the verification of passports mentioned in points (6a,b) within fifteen working days from the date of receipt of the request from the agency receiving the dossier.

- In the case mentioned in point (7c), the agency receiving the dossier shall resolve it within five working days. If it transfers to the competent authority for review, the agency receiving the dossier shall reply with the result within five working days from the date of receipt of the conclusion of the competent authority.

III. Procedures for Issuing, Extending, Supplementing, and Amending Visas for Foreign Nationals

1/ For guests entering pursuant to the decision of the Secretariat of the Party Central Committee, the President, the Chairman of the National Assembly, the Prime Minister, diplomatic missions of Vietnam abroad shall issue visas according to the following provisions:

a) Individual travelers: issue based on the content of the telegram from the Ministry of Foreign Affairs (Consular Department or Ho Chi Minh City Department of Foreign Affairs).

b) Members of official delegations: after receiving the list of members of the delegation (including attendants) provided by the Ministry of Foreign Affairs or another authorized body of the host country, the diplomatic mission shall immediately transmit it to the Consular Department of the Ministry of Foreign Affairs and issue the visa upon receipt of the telegram from the Consular Department.

2/ For members of diplomatic missions, consular posts, and representative offices of international organizations in Vietnam, their family members and personal servants accompanying them, as well as those sent or recommended through diplomatic channels by their government or international organizations to work or visit relatives who are members of the aforementioned agencies in Vietnam:

After receiving complete and valid dossiers as stipulated in Clause 2, Article 1 of Decree No. 04/CP dated January 18, 1993, and the note from the Ministry of Foreign Affairs of the host country, the foreign diplomatic mission, consular post, or international organization's office in the host country, the diplomatic mission shall immediately telegraph the Consular Department with the following information:

- Name and surname.

- Date of birth and place of birth.

- Nationality (both current and former).

- Occupation and place of residence.

- Purpose, duration, and entry port in Vietnam.

- Type and passport number.

- Most recent entry into Vietnam (if applicable).

After consulting relevant agencies and notifying personnel to the Ministry of Interior, the Consular Department will telegraph back to the diplomatic mission regarding the issuance of the visa.

3/ For guests falling under urgent cases due to diplomatic and humanitarian reasons:

a) Upon receiving the request, the diplomatic mission shall immediately telegraph the Consular Department with personnel details and recommendations for handling. The Consular Department shall be responsible for exchanging opinions with relevant agencies and notifying personnel to the Ministry of Interior; (in complex cases, report to the Minister of Foreign Affairs for instructions), then telegraph back to the diplomatic mission regarding the issuance of the visa.

b) Urgent cases due to diplomatic and humanitarian reasons are those that require timely processing, as delays may affect the country's diplomatic relations or for humanitarian reasons such as providing emergency medical care for seriously ill individuals, visiting seriously ill relatives, or transporting deceased relatives' remains due to accidents in Vietnam; assisting in disaster relief and epidemic control, etc.

4/ In cases where the Ministry of Interior issues a notice stating that guests falling under points (2) and (3) above are not allowed to enter Vietnam, the Consular Department shall coordinate with relevant agencies both within and outside the Ministry of Foreign Affairs to handle the matter.

5/ For guests required to have their visas issued according to the time frame specified in the Agreement between the Government of Vietnam and the Government of the foreign country:

- If the guest has an invitation letter from a Vietnamese agency or organization:

After receiving the visa application dossier, the diplomatic mission shall immediately telegraph the Ministry of Interior with personnel details, purpose of entry, planned program activities, and the name of the agency inviting the guest. Within the time frame specified in the Agreement between the two governments from the date of the telegraph, if there is no telegraph from the Ministry of Interior informing the guest they cannot enter the country, the diplomatic mission shall issue the visa to the guest, simultaneously telegraphing their name, passport number, visa number and date of issue, and expected date of entry to the Ministry of Interior and the inviting agency.

- If the guest does not have an invitation letter from a Vietnamese agency or organization:

After receiving the visa application dossier, the diplomatic mission shall immediately telegraph the Ministry of Interior and the Vietnamese agency or organization the guest wishes to work with or the agencies specified in point (a) of Clause 3, Article 7 of Decree 24/CP with personnel details, purpose of entry, and planned program activities of the guest. The diplomatic mission shall issue the visa to the guest only if there is agreement from domestic agencies and a telegraph from the Ministry of Interior.

- The diplomatic mission shall collect visa fees, telegraph charges for both directions, and service fees (if the agencies specified in point (a) of Clause 3, Article 7 of Decree 24/CP invite the guest) according to the regulations of the Joint Circular of the Ministry of Finance and the Ministry of Foreign Affairs. If the Agreement between the Government of Vietnam and the Government of the related country specifies the waiver of visa fees, the diplomatic mission shall not collect visa fees but only collect telegraph charges and service fees (if any).

6/ For guests entering under other categories, the diplomatic mission shall issue visas according to the provisions of Article 7 of Decree 24/CP.

7/ For guests entering Vietnam for the second time and onwards as stipulated in Article 8 of Decree 24/CP, the dossier includes:

a) A visa application form, passport or travel document equivalent to a passport and separate visa (if applicable) stamped by the Vietnamese border police within twelve months from the date of the previous entry into Vietnam;

b) An invitation telegram or letter (original or fax copy) signed by the head of state agencies at provincial level or higher and people's mass organizations at central level. If there is no invitation telegram or letter, the diplomatic mission shall issue the visa only upon receipt of a telegram from the competent authority.

After issuing the visa, the diplomatic mission shall telegraph the guest's name, passport number, visa number and date of issue, and expected date of entry to the Ministry of Interior and the inviting agency.

c) If the guest enters for the second time but falls under the category specified in Clause 1, Article 4 of Decree 24/CP, the procedure specified in point (1) above shall apply.

8/ The diplomatic mission shall issue the visa with the duration specified in the visa issuance telegram. If the telegram does not specify a specific duration, the diplomatic mission may decide according to the guest's request, but it must not exceed ninety days.

If the applicant requests a visa with a validity period longer than ninety days, the representative agency shall notify the competent authority within the country and issue the visa upon receipt of a telegram from the Ministry of Foreign Affairs or the Ministry of Public Security. This also applies if the applicant requests a multiple-entry visa.

9\. For applicants entering to implement foreign investment projects, the representative agency shall decide on the duration and number of entries of the visa based on Article 94 of Decree No. 18/CP dated April 16, 1993, of the Government detailing the implementation of the Law on Foreign Investment in Vietnam.

10\. The Consular Bureau, the Department of Foreign Affairs of Ho Chi Minh City shall issue exit visas, entry-exit visas; extend, supplement, and amend various types of visas for foreigners enjoying diplomatic privileges and immunities, consular privileges and immunities, based on a diplomatic note from the diplomatic mission, the consulate, or the representative office of international organizations in Vietnam, a letter from Vietnamese agencies receiving guests, or at the request of the Protocol Department of the Ministry of Foreign Affairs.

The passport or travel document equivalent to a passport must be attached to the diplomatic note or letter requesting the visa.

11\. The Minister of Foreign Affairs shall decide to revoke visas issued to individuals enjoying diplomatic privileges and immunities, consular privileges and immunities, if such individuals fall under any of the circumstances stipulated in Article 6 and Article 14 of the Ordinance on Entry, Exit, Residence, and Travel of Foreigners in Vietnam, upon the proposal of the Consular Bureau Director (after consulting relevant departments of the Ministry of Foreign Affairs).

IV\. Implementation Organization

1\. The collection of fees for issuing, extending, supplementing, and amending passports and visas abroad shall be carried out according to the provisions of the Circular jointly issued by the Ministry of Finance and the Ministry of Foreign Affairs.

The collection of fees for issuing, extending, supplementing, and amending passports and visas within Vietnam shall be carried out according to the provisions of the Circular jointly issued by the Ministry of Finance, the Ministry of Foreign Affairs, and the Ministry of Public Security.

2\. This Circular takes effect from the date of issuance and replaces Circular No. 1584/NG-TT dated August 28, 1993, issued by the Minister of Foreign Affairs guiding the implementation of Decree No. 48/CP dated July 8, 1993, of the Government on passports and visas.

3\. The Consular Bureau Director, the Department of Foreign Affairs Director of Ho Chi Minh City, heads of diplomatic missions, consulates, and other Vietnamese agencies authorized to perform consular functions abroad are responsible for implementing this Circular.