Circular No. 19/2020/TT-BCA on implementing democracy in the management of entry and exit procedures by the People's Public Security

CIRCULAR

Regulations on Implementing Democracy in

Exit and Entry Management Work of the People's Public Security

Pursuant to the Law on Exit from and Entry into Vietnam of Vietnamese Citizens dated November 22, 2019;

Pursuant to the Law on Entry into, Exit from, Transit through, and Residence of Foreigners in Vietnam dated June 16, 2014;

Pursuant to the Law amending and supplementing some articles of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam dated November 25, 2019;

Pursuant to Resolution No. 55/NQ-UBTVQH10 dated August 30, 1998 of the Standing Committee of the National Assembly on the issuance of the Code of Conduct for Implementing Democracy in the Activities of State Organs;

Pursuant to Decree No. 04/2015/NĐ-CP dated January 9, 2015 of the Government on implementing democracy in the activities of administrative state agencies and public service units;

Pursuant to Decree No. 01/2018/NĐ-CP dated August 6, 2018 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

At the proposal of the Director of the Immigration Administration Department;

The Minister of Public Security promulgates this Circular on implementing democracy in exit and entry management work of the People's Public Security.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the purpose, principles, and contents of implementing democracy in exit and entry management work of the People's Public Security.

Article 2. Applicability

1. Units of the People's Public Security performing exit and entry management work.

2. Officers and soldiers of the People's Public Security performing exit and entry management work.

3. Agencies, organizations, and individuals with requests or related to the handling of exit and entry procedures.

Article 3. Purpose of Implementing Democracy in Exit and Entry Management Work

1. Ensuring the rights and legitimate interests of agencies, organizations, and individuals with requests or related to the handling of exit and entry procedures; creating conditions for agencies, organizations, and individuals to participate in supervising the implementation of democracy in exit and entry management work.

2. Building a team of officers and soldiers of the People's Public Security performing exit and entry management work who possess moral qualities, capabilities, and professional expertise, contributing to national security protection, maintaining social order and safety, and enhancing international cooperation in new circumstances.

3. Preventing, detecting, stopping, and combating negative behaviors such as corruption, bureaucracy, harassment, and inconvenience in exit and entry management work.

Article 4. Principles of Implementing Democracy

1. Adhering to the Constitution, laws of Vietnam, and regulations of the Ministry of Public Security on exit and entry management work.

2. Strictly dealing with acts that abuse democracy to infringe upon the rights and legitimate interests of agencies, organizations, and individuals and obstruct the exit and entry management activities of the People's Public Security according to the provisions of the law.

Chapter II
SPECIFIC PROVISIONS

Article 5. Contents That Units Must Publicize in Exit and Entry Management Work

1. Address of the agency, email, contact number, and website of units performing exit and entry management work.

2. Functional departments responsible for handling exit and entry procedures and receiving complaints, suggestions, reports, and accusations about crimes.

3. List and components of administrative procedures and legal documents governing administrative procedures in the field of exit and entry.

4. List of administrative procedures implemented through postal services for receipt and delivery of results, and those not implemented through postal services.

5. Results of handling complaints, suggestions, reports, and accusations about crimes from agencies, organizations, and individuals as prescribed.

6. Acts of violating laws on exit and entry within the jurisdiction of the unit as prescribed.

Article 6. Forms of Publicizing Information

1. Posting at locations where exit and entry procedures are handled by units performing exit and entry management work.

2. Publishing on the website of units performing exit and entry management work (if available).

3. Announcing through mass media.

4. Announcing during meetings with agencies, organizations, and individuals.

5. Other appropriate forms.

Article 7. Responsibilities of units implementing immigration management work

1. Propaganda, dissemination, guidance, and explanation of policies, laws related to immigration management work; regulations on immigration procedures.

2. Accepting and processing immigration procedures according to regulations; in cases where the application is incomplete, timely guide agencies, organizations, and individuals to supplement once according to regulations; in cases of refusing to accept applications, not processing immigration procedures, or failing to resolve within the deadline, provide a written response and clearly state the reasons.

3. When handling violations of immigration laws, if measures need to be applied according to the authority granted, the unit implementing immigration management work must prepare a record or issue a decision according to the provisions of the law.

4. Receiving, handling, resolving complaints, suggestions, appeals, reports, and accusations about crimes according to the provisions of the law and the Ministry of Public Security; all complaints, suggestions, appeals, reports, and accusations about crimes must be recorded in a logbook and transferred to competent leaders for instructions to resolve.

5. Handling or coordinating to handle persons causing disorder at places where immigration procedures are processed according to regulations.

Article 8. Responsibilities of Heads of Units Implementing Immigration Management Work

1. Assigning officers and soldiers to positions suitable to their capabilities and job requirements, ensuring sufficient numbers; checking and urging officers and soldiers to fulfill their tasks, periodically rotating positions for officers engaged in immigration management work according to regulations; implementing democracy in managing and directing unit activities.

2. Directing the arrangement of places for processing immigration procedures to ensure convenience, with appropriate area; having suggestion boxes; displaying signs with the unit's name, internal rules, working hours, and directional diagrams in Vietnamese and English.

3. Directing the promotion of administrative reform, strengthening the application of science and technology in immigration management work.

4. Issuing decisions or reporting to competent authorities to issue decisions to temporarily suspend duties or take timely measures against officers and soldiers who violate democratic implementation according to the law and the Ministry of Public Security.

5. Directing the reception of agencies, organizations, and individuals requesting or related to the processing of immigration procedures; resolving complaints, suggestions, appeals, and accusations according to the law and the Ministry of Public Security; scheduling meetings when agencies, organizations, and individuals request to meet directly with the Head of the Unit Implementing Immigration Management Work.

6. Being responsible for the mistakes of the unit and officers and soldiers in immigration management work.

Article 9. Responsibilities of Officers and Soldiers Implementing Immigration Management Work

1. Fulfilling work procedures and regulations of the Ministry of Public Security on democratic implementation in immigration management work and legal provisions in processing immigration procedures; not accepting money or other material benefits to process immigration procedures; not arbitrarily setting procedures, documents, or collecting additional fees outside the regulations; not receiving agencies, organizations, and individuals requesting to process immigration procedures at locations other than the office; not showing arrogant attitudes, harassment, causing difficulties, or inconvenience when performing tasks.

2. Timely reporting to unit leadership for consideration and resolution of cases exceeding authority or situations where agencies, organizations, and individuals remain unclear or make suggestions despite explanations by officers and soldiers.

3. Maintaining proper etiquette, conduct, and police uniform; being civilized and courteous in communication and behavior; clearly guiding and explaining regulations related to immigration procedures for agencies, organizations, and individuals requesting such information.

Article 10. Rights and responsibilities of agencies, organizations, and individuals requesting or related to the handling of entry and exit procedures

1. Agencies, organizations, and individuals requesting or related to the handling of entry and exit procedures have the following rights:

a) Requesting officers and soldiers to guide and answer questions about entry and exit procedures;

b) Reflecting, proposing, complaining, and denouncing issues regarding the process, procedures, methods of handling matters; attitudes and styles of officers and soldiers or other issues related to entry and exit procedures in accordance with regulations;

c) Proposing to meet the head of the unit responsible for managing entry and exit procedures after having been answered by the functional department regarding concerns and proposals related to entry and exit management but still having concerns or proposals.

2. Agencies, organizations, and individuals requesting or related to the handling of entry and exit procedures have the following responsibilities:

a) Strictly complying with laws and regulations of the Ministry of Public Security on entry and exit; work rules and instructions of officers and soldiers; fully implementing regulations on handling entry and exit procedures; providing complete and being responsible for the legality and accuracy of documents in the file and other related documents; paying all fees and charges (if applicable) as prescribed;

b) Behaving civilly and politely; respecting the dignity and personality of officers and soldiers during the implementation of entry and exit procedures;

c) Being responsible under the law for the content of reflections, proposals, complaints, and denunciations; truthfully presenting events, providing complete evidence, information, and documents related to the unit responsible for managing entry and exit procedures.

Chapter III
IMPLEMENTATION

Article 11. Effective Date

This Circular takes effect from July 1, 2020, and replaces Circular No. 44/2009/TT-BCA dated July 13, 2009, issued by the Minister of Public Security on implementing democracy in the management of entry and exit procedures by the People's Public Security.

Article 12. Responsibility for Implementation

1. The Immigration Management Department is responsible for advising the leadership of the Ministry of Public Security to organize inspections, urging, guiding, and resolving difficulties in the implementation of this Circular.

2. Heads of units under the Ministry of Public Security, Directors of Public Security of provinces and centrally-administered cities are responsible for disseminating and ensuring that all officers and soldiers understand and implement this Circular.

3. Every six months and annually, public security units at all levels organize mid-term and final reviews of the implementation of this Circular, reporting results to the Ministry of Public Security (through the Immigration Management Department).

4. During the implementation process, if there are difficulties, public security units at all levels; relevant agencies, organizations, and individuals should promptly reflect them to the Ministry of Public Security (through the Immigration Management Department and the Legal System and Administrative Reform Department) for guidance and resolution./.