Circular No. 29/2016/TT-BCA guiding the issuance, amendment, and supplementation of ordinary passports for Vietnamese citizens within the country.

CIRCULAR

Guidelines for issuing, amending, and supplementing ordinary passports within the country for Vietnamese citizens

trong nước cho công dân Việt Nam

 

Pursuant to Decree No. 136/2007/NĐ-CP dated August 17, 2007, and Decree No. 94/2015/NĐ-CP dated October 16, 2015, amending and supplementing certain articles of Decree No. 136/2007/NĐ-CP dated August 17, 2007 of the Government on exit and entry of Vietnamese citizens;

Pursuant to Decree No. 106/2014/NĐ-CP dated November 17, 2014 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

At the proposal of the Director General of the General Department of Security;

The Minister of Public Security issues this Circular guiding the issuance, amendment, and supplementation of ordinary passports within the country for Vietnamese citizens.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. This Circular guides the procedures for issuing, amending, and supplementing ordinary passports (hereinafter referred to as passports) within the country for Vietnamese citizens.

Article 2. This Circular applies to Vietnamese citizens residing within the country and relevant agencies, organizations, enterprises, and individuals.

Article 2. On the validity period of passports

Clause 1. Passports issued to Vietnamese citizens aged 14 years and older have a validity period of 10 years, except in the following cases:

Point a. Vietnamese citizens residing abroad who return to Vietnam with a passport issued by Vietnamese representative offices abroad and need to be issued a passport but do not meet the conditions for reissuing a passport as prescribed in Clause 3, Article 6 of this Circular shall be considered for issuance of a passport with a validity period not exceeding one year to return abroad;

Point b. Vietnamese citizens falling under the category of those not permitted to exit the country (as provided for in Article 21 of Decree No. 136/2007/NĐ-CP), if authorized by the Minister of Public Security to exit the country (in accordance with the authority prescribed in Clause 2, Article 26 of Decree No. 136/2007/NĐ-CP), the validity period of the passport issued to such citizen shall be determined by the Minister of Public Security.

Clause 2. Passports with a validity period of five years shall be issued to Vietnamese citizens in the following cases:

Point a. Children under 14 years old;

Point b. Passports issued jointly to Vietnamese citizens and their children under nine years old.

Clause 3. When Vietnamese citizens request to add a child under nine years old to their passport, the validity period of the passport will be as follows:

Point a. In case the passport has a remaining validity period of no more than five years, the validity period of the passport remains unchanged;

Point b. In case the passport has a remaining validity period exceeding five years, the validity period of the passport will be adjusted to five years.

Point c. Children from nine to under 14 years old are not issued jointly with the passports of their parents; separate passports with a validity period of five years are issued.

Article 3. Regarding entrusting agencies, organizations, enterprises to submit applications for issuing, amending, and supplementing passports

Clause 1. Vietnamese citizens who wish to entrust agencies, organizations, or enterprises to submit applications for issuing, amending, and supplementing passports and receive results shall proceed as follows:

Point a. Civil servants, public officials, and employees working in state agencies and public service units; officers, non-commissioned officers, soldiers, and workers serving in the People's Army and the People's Public Security Force may entrust their respective agencies or units;

Point b. Staff members of central and provincial-level political-social organizations and social-professional organizations may entrust their respective organizations;

Point c. Teachers, staff, students, and pupils working and studying in universities, colleges, vocational high schools, and vocational training schools may entrust their respective schools;

Point d. Individuals with labor contracts of one year or longer working in enterprises with legal personality may entrust their respective enterprises;

Point đ. Individuals who have signed contracts with enterprises engaged in sending workers to work abroad may entrust their respective enterprises;

Clause 2. For enterprises mentioned in points d and đ of Clause 1 of this Article, before submitting the application to the entrusted party, they must send the legal entity file to the immigration management agency, including:

Point a. Certified copies or certified photographs of the following documents: decision on establishment of the enterprise (if applicable), business registration certificate, if not certified then present the original for verification and comparison;

Point b. A letter introducing the seal pattern and signature sample of the legal representative of the enterprise;

Point c. For enterprises engaged in sending workers to work abroad, the file must also include a document from the competent state agency on labor affairs approving the implementation of the labor supply contract signed with foreign partners;

The submission of the legal entity file as prescribed in this Clause shall only be done once; when there is a change in the content of the file, the enterprise shall submit supplementary files.

Clause 3. For agencies, organizations, units, mass organizations, and schools mentioned in points a, b, and c of Clause 1 of this Article, when submitting the application, there is no need to submit the legal entity file; follow the provisions at point b of Clause 3, Article 6 of this Circular.

Chapter II

ON THE ISSUING, AMENDING, AND SUPPLEMENTING OF PASSPORTS

Article 4. On the place to submit application files for issuance, amendment, and supplement of passports

1. Persons applying for a new passport (first issuance or reissuance upon expiration) shall submit their application files at the Exit and Entry Management Department of the Public Security Agency of the province or centrally administered city where they reside permanently or temporarily.

2. Persons applying for reissuance, amendment, or supplement of passports shall submit their application files at the Exit and Entry Management Department of the Public Security Agency of the province or centrally administered city where they reside permanently or temporarily, or at the National Exit and Entry Management Department under the Ministry of Public Security.

3. Application files for reissuance of passports (except in cases of reissuing passports for children under 14 years old) may be submitted through postal enterprises.

4. In urgent cases requiring expedited issuance of passports, the following persons may directly submit their application files and receive results at the National Exit and Entry Management Department:

a) Persons needing to travel abroad for medical treatment if they have hospital certification papers;

b) Persons whose immediate family members abroad have been involved in accidents, illness, or death, requiring urgent travel to resolve such matters, if they have proof of these incidents;

c) Officials, civil servants, employees, officers, non-commissioned officers, and workers in the People's Army and People's Public Security who need urgent exit from the country, if they have a written request from the head of the agency or organization where they work;

d) Other urgent cases with sufficient grounds shall be considered and decided by the Director of the National Exit and Entry Management Department.

Article 5. On the place to receive results

1. Persons submitting application files for issuance, amendment, or supplement of passports at which Exit and Entry Management Department shall receive results there.

2. Persons submitting application files for issuance, amendment, or supplement of passports may receive results at the address registered with the postal enterprise.

Article 6. On application files for issuance, amendment, and supplement of passports

1. The documents include:

a) One Form X01 application form;

b) Two newly taken photos, size 4cm x 6cm, frontal view, bareheaded, without tinted glasses, white background. For children under 9 years old sharing a passport with their father or mother, two photos of size 3cm x 4cm shall be submitted;

c) Children under 14 years old shall submit one certified copy or photograph of the birth certificate. If not certified, the original must be presented for verification and comparison.

2. The following cases shall be handled as follows:

a) In cases of entrusting submission of application files as stipulated in Article 3 of this Circular, Form X01 must be confirmed and stamped over the photo by the head of the entrusted agency, organization, or enterprise, accompanied by a letter from that agency, organization, or enterprise requesting the issuance of passports for the entrustee (if requesting for multiple people, a list with confirmation from the entrusted agency, organization, or enterprise shall be established);

b) In cases of submitting application files for reissuance of passports through postal enterprises as stipulated in Clause 3, Article 4 of this Circular, Form X01 must be confirmed and stamped over the photo by the Head of the Police Station, Ward, Commune, or Town where the applicant resides permanently, accompanied by the passport, a copy of the identity card or citizen identification card still valid for use;

c) In cases of requesting amendments to personal details on the passport (adjusting surname, name; date, month, year of birth; place of birth; gender; number of identity card or citizen identification card) for persons aged 14 years or older, a passport still valid for at least one year and legal documents proving the adjustment must be submitted;

d) In cases of reissuing passports due to loss, a confirmation from the Exit and Entry Management Department about reporting the loss must be submitted. If the passport was lost before reporting, a statement explaining the reason and time of loss must be submitted;

đ) In cases of reissuing passports due to damage, the damaged passport must be submitted;

e) In cases of applying for issuance, reissuance, amendment, or supplement of passports for children under 14 years old, Form X01 must be filled out, signed, and confirmed by the father, mother, or guardian, stamped over the photo by the Head of the Police Station, Ward, Commune, or Town where the child resides permanently or temporarily, accompanied by:

- If requesting to add a child under 9 years old to the father's or mother's passport, a passport of the father or mother still valid for at least one year must be submitted;

- If requesting to amend personal details on the passport (adjusting surname, name; date, month, year of birth; place of birth; gender; number of identity card or citizen identification card), a passport of the child still valid for at least one year and legal documents proving the adjustment must be submitted;

- If requesting reissuance of the passport, the child's passport must be submitted;

- If reissuing the passport due to loss, a report form X08 issued together with this Circular or a confirmation from the Exit and Entry Management Department about reporting the loss of the passport must be submitted;

- If the guardian fills out and signs on behalf, a certified copy or photograph of the document proving guardianship of the child must be submitted. If not certified, the original must be presented for verification and comparison.

3. When submitting application files and receiving results, the person applying for issuance, amendment, or supplement of passports must present a valid identity card or citizen identification card for verification and comparison. The following cases shall be handled as follows:

a) In cases of submitting application files at the Exit and Entry Management Department of the temporary residence, an additional temporary residence certificate issued by the competent authority must be presented for verification and comparison;

b) In cases of agencies, organizations, or enterprises entrusting submission of application files and receipt of results, staff of the agency, organization, or enterprise must present an introduction letter; a valid identity card or citizen identification card of themselves and the entrustee for verification and comparison.

Article 7. On the Request for Issuance, Amendment, and Supplement of Passports through the Electronic System of the Immigration Management Authority

1. The person requesting issuance, amendment, or supplement of passports may access the electronic system of the Immigration Management Authority (hereinafter referred to as the XNC website at https://www.vnimm.gov.vn) to fill out the electronic application form according to Form X01.

2. Within ten days from the time of completing information on the electronic application form, the person requesting issuance, amendment, or supplement of passports shall use the appointment scheduling function on the XNC website to select the date and time to submit the application at the Provincial Immigration Management Department or the Immigration Management General Department. After this period, the information on the electronic application form will be automatically deleted from the XNC website.

3. The place of submission, procedures for the request for issuance, amendment, and supplement of passports through the XNC website shall be carried out in accordance with the provisions of Article 4 and Article 6 of this Circular.

4. The person requesting issuance, amendment, or supplement of passports through the XNC website may pay the fee online via the account of the Immigration Management Authority where the application is submitted.

Article 8. On the Time Limit for Processing Applications for Issuance, Amendment, and Supplement of Passports

1. For applications submitted to the Provincial Immigration Management Department: the processing time limit shall not exceed eight working days from the date of receipt of complete and valid applications.

2. For applications submitted to the Immigration Management General Department: the processing time limit shall not exceed five working days from the date of receipt of complete and valid applications.

3. In cases requiring urgent passports as prescribed in Clause 4, Article 4 of this Circular, the processing shall be completed as soon as possible within the prescribed time limit.

4. In cases where the working day coincides with or immediately follows a weekend, holiday, or Tet holiday, the processing time limit shall be extended by the number of days off as prescribed by the Government.

Article 9. On Reporting Lost Passports; Revocation of the Validity of Lost Passports; Restoration of the Validity of Previously Revoked Passports

1. Responsibilities of the person who has lost a passport:

a) Within forty-eight hours from the time of discovering the loss of the passport, report to the nearest Immigration Management Authority using Form X08 to revoke the validity of the lost passport;

b) When reporting, present a valid identity card or citizen identification card for verification and comparison; if reporting by mail, the report must be confirmed by the Head of the Police Station of the district, commune, or town where the person resides or temporarily resides;

c) If the person who has lost a passport fails to promptly report to the Immigration Management Authority, they will be subject to administrative handling in accordance with the law.

2. Responsibilities of the Immigration Management Authority when receiving reports:

a) Confirm the report to the person who has lost the passport so that they can use it to request a new passport if necessary;

b) Carry out the revocation of the validity of the passport.

3. A passport that has been revoked due to loss may be restored if the following conditions are met:

a) The passport is found undamaged and still valid for six months or more;

b) There is a valid visa from another country in the passport or it falls under the urgent case as prescribed in Clause 4, Article 4 of this Circular.

4. The person falling under Clause 3 of this Article shall directly submit the passport along with a request for restoration of its validity to the Immigration Management General Department.

Within no more than three working days from the date of receipt of the request, the Immigration Management General Department shall examine and reply with the result.

Chapter III

IMPLEMENTING PROVISIONS

Article 10. Effective Date

1. This Circular takes effect from August 20, 2016.

2. This Circular replaces Circular No. 27/2007/TT-BCA dated November 29, 2007, issued by the Ministry of Public Security guiding the issuance, amendment of ordinary passports within the country pursuant to Decree No. 136/2007/NĐ-CP dated August 17, 2007, of the Government on exit and entry of Vietnamese citizens and Article 1 of Circular No. 07/2013/TT-BCA dated January 30, 2013, issued by the Ministry of Public Security amending and supplementing some points of Circular No. 27/2007/TT-BCA dated November 29, 2007, and Circular No. 10/2006/TT-BCA dated September 18, 2006, issued by the Ministry of Public Security guiding the implementation of the Regulation on the issuance and management of APEC Business Travel Cards.

Article 11. Transitional Provisions

Ordinary passports issued by the Immigration Management Authority to Vietnamese citizens before the effective date of this Circular, if still valid, may continue to be used until their expiration date.

Article 12. Responsibility for Implementation

1. Comrades General Directors, Heads of Units under the Ministry, Directors of Public Security, Fire Prevention and Fighting Departments of provinces and centrally-administered cities are responsible for organizing the implementation of this Circular.

2. The General Bureau of Security is responsible for monitoring, urging, inspecting, and guiding the implementation of this Circular.

3. During the implementation process, if there are any difficulties, local public security units and related agencies, organizations, and individuals shall report to the Ministry of Public Security (through the General Bureau of Security) for guidance, research, and amendments./.