DECREE
Regarding passports and visas
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THE GOVERNMENT
Pursuant to the Government Organization Law dated September 30, 1992;
In order to facilitate Vietnamese citizens' exercise of their right to go abroad and return to the country;
The Government Boundary Commission for delimitation and demarcation of the land border between Vietnam and China (hereinafter referred to as the Boundary Commission) shall be established with the following members:
DECREE:
PART I
GENERAL PROVISIONS
Article 1.
1. This Decree stipulates on Vietnamese passports and visas, the competent State agencies of Vietnam issuing passports and visas for Vietnamese citizens to exit, enter, and transit Vietnam.
2. The issuance of documents for seafarers working on Vietnamese ships; documents for Vietnamese citizens exiting, entering border areas, and the issuance of visas for foreigners to exit, enter, and transit Vietnam are not within the scope of regulation of this Decree.
Article 2.
1. Vietnamese citizens exiting, entering, and transiting shall be issued Vietnamese passports and visas in accordance with the provisions of this Decree.
2. When Vietnamese citizens exit, enter, or transit Vietnam, they must present valid Vietnamese passports or travel documents replacing passports and must have valid visas, except in cases where visa exemption applies as provided for in Clause 3, Article 10 of this Decree.
Chapter II
VIETNAMESE PASSPORTS
Article 3.
1. Vietnamese passports referred to in this Decree include diplomatic passports, official passports, and ordinary passports.
2. The validity period of passports is five years from the date of issuance and may be extended once for a period not exceeding three years. The validity period of passports issued to children under 16 years old is three years from the date of issuance and cannot be extended.
3. In exceptional cases, upon agreement between the Ministry of Public Security and the Ministry of Foreign Affairs, Vietnamese citizens may be issued travel documents for exiting or entering the country. The validity period of such travel documents is three months from the date of issuance and can only be extended once for a period not exceeding three months.
4. The Ministry of Foreign Affairs and the Ministry of Public Security shall unify the content and format of various types of passports and travel documents replacing passports. The Ministry of Public Security shall be responsible for printing, managing these types of passports and travel documents before they are put into use (white print).
Article 4.
1. Vietnamese citizens shall be issued passports if they meet the following conditions:
a) They are permitted by the competent State agency in accordance with the law to exit, enter, or transit the country;
b) They are at least sixteen years old as of the date of application for passport issuance. Children under sixteen years old traveling with their parents or guardians shall have their names and photographs recorded in their parents' or guardians' passports. In exceptional cases, separate ordinary passports may be issued to children traveling alone.
2. The Ministry of Foreign Affairs and the Ministry of Public Security shall specify procedures for applying for passports.
Article 5. Diplomatic passports shall be issued to individuals holding the following positions who are dispatched abroad to perform official tasks:
1. Belonging to the Communist Party of Vietnam's organs:
- General Secretary, Politburo member, Central Committee member, Central Executive Committee member;
- Central Advisory Committee member;
- Provincial Party Committee Secretary, Deputy Secretary, Municipal Party Committee Secretary, Deputy Secretary of municipalities directly under the Central Government;
- Head, Deputy Head of Central Committees under the Central Executive Committee, Director, Deputy Director of the Central Party Office;
- Special Envoy or Assistant to the General Secretary.
2. Belonging to the National Assembly, President's Office:
- President, Vice President;
- Chairman, Vice Chairman of the National Assembly; Member of the Standing Committee of the National Assembly;
- Chairman, Vice Chairman, Member of the National Defense and Security Council; Chairman, Vice Chairman, Member of the Ethnic Council;
- Chairman, Vice Chairman of National Assembly Committees; Chairman, Vice Chairman of the National Assembly Office; Chairman, Vice Chairman of the President's Office;
- National Assembly Deputies dispatched abroad to perform the foreign affairs mission of the National Assembly;
- Special Envoy or Assistant to the President.
3. Belonging to administrative State agencies:
- Prime Minister, Deputy Prime Minister, Minister, Head of an agency equivalent to a ministry, Head of a government agency;
- Deputy Minister, Deputy Head of an agency equivalent to a ministry; Deputy Director of the Government Office; Deputy Head of a government agency;
- Director, Deputy Director or General Director, Deputy General Director of General Departments under the Ministry of National Defense and the Ministry of Public Security, military officers with ranks from Lieutenant General and Rear Admiral of the People's Armed Forces;
- Special Envoy or Assistant to the Prime Minister.
4. Belonging to judicial agencies:
- Chief Justice, Deputy Chief Justice of the Supreme People's Court;
- Prosecutor General, Deputy Prosecutor General of the Supreme People's Procuracy.
5. Belonging to central mass organizations:
- Chairman, Vice Chairman of the Central Steering Committee of the Vietnam Fatherland Front;
- Chairman, Vice Chairman of the Vietnam General Confederation of Labor;
- Chairman, Vice Chairman of the Central Vietnam Farmers' Union;
- Chairman, Vice Chairman of the Central Vietnam Women's Union;
- Chairman, Vice Chairman of the Vietnam Veterans Association;
- First Secretary, Permanent Secretary of the Central Communist Youth Union Ho Chi Minh.
6. Belonging to local State agencies:
Chairman, Vice Chairman of the People's Council of provinces, municipalities directly under the Central Government.
7. Belonging to diplomatic and consular agencies:
a) Individuals holding the following diplomatic and consular ranks:
- Ambassador, Head of the Permanent Mission of Vietnam to foreign countries or international organizations;
- Chargé d'Affaires, Consul General, Counselor, Military Attaché including Military Attaché and Deputy Military Attaché;
- Consul General, Consul, Deputy Consul, and Consular Attaché.
b) Diplomatic couriers, consular couriers.
8. Wives or husbands, and children under 16 years old of individuals specified in Clauses 1 to 7 of this Article, if traveling and residing abroad together with those individuals.
9. In certain necessary cases, based on the requirements of the mission and nature of the official trip, upon proposal by the head of the main management agency, the Minister of Foreign Affairs has the authority to consider and decide to issue diplomatic passports to individuals outside the scope specified in this Article.
Article 6. Official passports shall be issued to officials and staff not falling within the scope specified in Article 5 of this Decree, including:
1. Officials and staff of the State dispatched abroad to perform official tasks assigned by the President, Chairman of the National Assembly, Prime Minister, Chief Justice of the Supreme People's Court, Prosecutor General of the Supreme People's Procuracy, Minister, Head of an agency equivalent to a ministry, Head of a government agency, Chairman of the People's Council, or Chairman of the People's Committee of provinces, municipalities directly under the Central Government.
2. Officials and civil servants dispatched abroad by the Central Party Secretariat to perform tasks within the scope of work of the Communist Party of Vietnam and central mass organizations (as stipulated in Clause 5, Article 5 of this Decree) include permanent representatives of those organizations abroad.
3. Staff members of Vietnamese diplomatic missions, consular offices abroad; staff members of Vietnamese representative offices at international organizations, and permanent correspondents and journalists abroad.
4. Wives or husbands, and children under 16 years old of persons mentioned in Clause 3 of Article 5 of this Decree, if they travel and reside abroad with those persons.
5. In cases of necessity, based on the nature of the official trip and upon the proposal of the head of the competent agency, the Minister of Foreign Affairs shall decide to issue service passports to individuals not covered by Articles 5 and 6 of this Decree.
Article 7. Ordinary passports shall be issued to individuals not covered by Articles 5 and 6 of this Decree, including:
1. State officials dispatched abroad, not covered by Article 6 of this Decree, to fulfill commitments and contracts signed between Vietnamese legal entities and equivalent foreign organizations or international organizations in economic, cultural, press, scientific, technological, training, labor, expert fields, etc.
2. Individuals dispatched abroad by enterprises, factories (including state-owned enterprises, joint-stock companies, limited liability companies, private businesses, and production and business organizations, joint ventures with foreign countries) to perform business and service activities of those organizations.
3. Individuals traveling abroad for personal matters such as labor, study, medical treatment, visiting relatives, tourism, settlement, etc.
4. Vietnamese citizens residing abroad.
Article 8.
1. The Ministry of Foreign Affairs and agencies authorized by the Ministry of Foreign Affairs within the country are responsible for issuing, extending, amending, supplementing, and revoking diplomatic and service passports for individuals covered by Articles 5 and 6 of this Decree.
2. The Ministry of Public Security and agencies authorized by the Ministry of Public Security within the country are responsible for issuing, extending, amending, and revoking ordinary passports for individuals covered by Article 7 of this Decree.
3. Diplomatic missions, consular offices, and agencies authorized by the Ministry of Foreign Affairs abroad shall handle the issuance, extension, amendment, and revocation of diplomatic, service, and ordinary passports for Vietnamese citizens abroad in cases authorized by the Ministry of Foreign Affairs and the Ministry of Public Security.
Article 9. Within five days (fifteen days for personal travelers and thirty days for settlers abroad) from the date of receiving complete valid applications, the agencies mentioned in Article 8 must complete the issuance of passports to applicants. If the issuance is refused, the reasons must be clearly explained. Applicants have the right to appeal the refusal to the Minister of Foreign Affairs, the Minister of Public Security, and the Prime Minister.
Chapter III
VIETNAMESE VISA
Article 10.
1. Vietnamese citizens permitted by competent state authorities to exit, enter, or transit Vietnam shall be issued a Vietnamese visa in their passport.
2. The validity period of the visa shall be consistent with the permitted period of exit, entry, or transit as stipulated in Article 11 of this Decree.
3. Vietnamese citizens (except Vietnamese citizens residing abroad) holding diplomatic, service, and ordinary passports are exempt from Vietnamese entry visas.
Article 11.
1. Vietnamese visas include the following types:
a) Exit visa;
b) Entry visa;
c) Exit-entry visa;
d) Entry-exit visa;
e) Transit visa.
2. A transit visa shall be issued to Vietnamese citizens residing abroad for a period of three months from the date of issuance. If the transit stay does not exceed 72 hours and is only within the transit area, the visa may be waived.
3. An exit visa and an entry visa are valid once within a three-month period and can be extended up to three months. An exit-entry visa and an entry-exit visa are valid once within a period of three to six months and can be extended up to six months. In special cases, multiple-entry exit-entry visas and entry-exit visas with longer validity periods may be issued in accordance with the term of duty or study, work, medical treatment, etc.
Article 12.
1. The Ministry of Foreign Affairs and agencies authorized by the Ministry of Foreign Affairs within the country are responsible for issuing, extending, amending, and revoking visas for individuals specified in Articles 5 and 6 of this Decree.
2. The Ministry of Public Security and agencies authorized by the Ministry of Public Security within the country are responsible for issuing, extending, amending, and revoking visas for individuals specified in Article 7 of this Decree.
3. Diplomatic missions, consular offices, and agencies authorized by the Ministry of Foreign Affairs abroad are responsible for issuing, extending, amending, and revoking visas for Vietnamese citizens abroad.
4. The Ministry of Foreign Affairs and the Ministry of Public Security shall unify the content, form of Vietnamese visas, and procedures for issuing visas to Vietnamese citizens.
Chapter IV
IMPLEMENTING PROVISIONS
Article 13.
1. Passport holders must sign their name in the passport, bear responsibility for keeping and preserving the passport, and report immediately to the police authority where the incident occurred and to the issuing authority (if in the country) or to the nearest Vietnamese diplomatic mission or consulate (if abroad) in case of loss of the passport.
2. Passports will not be reclaimed upon return to the country. If there is a change in duties or purpose of the next departure, the passport should be exchanged accordingly.
Article 14. Strictly prohibited are the following acts:
1. Forging, circulating, and using fake passports and visas.
2. Providing false or fraudulent documents to obtain passports and visas.
3. Arbitrarily adding, deleting, erasing contents recorded in passports and visas or altering the form of Vietnamese passports and visas.
4. Using expired passports or visas contrary to the purpose of departure or entry; allowing others to use one's own passport or using another person's passport.
5. Exploiting passports or visas to commit unlawful acts.
6. Exploiting positions, authorities, or issuing passports or visas beyond the authority prescribed in this Decree.
Article 15. Any person committing the acts stipulated in Article 14 of this Decree shall be subject to penalties depending on the level of violation and the specific circumstances:
a) Revocation, recovery, or retention of issued passports or visas.
b) Administrative sanctions according to current regulations.
c) Criminal prosecution.
Article 16. The Ministry of Finance, together with the Ministry of Foreign Affairs and the Ministry of Public Security, shall specify the issuance fees for passports and visas and the management and utilization thereof.
Article 17.
a) This Decree replaces the following documents:
- Decree No. 389-TTg dated October 27, 1959 of the Prime Minister regarding the issuance of passports;
- Decree No. 390-TTg dated October 27, 1959 of the Prime Minister regarding the issuance of visas;
- Decree No. 53-CP dated October 8, 1960 of the Council of Ministers concerning the validity period of passports issued to Vietnamese students for long-term study abroad;
- Decree No. 68-CP dated December 7, 1960 of the Council of Ministers concerning the issuance of diplomatic passports;
- Decree No. 38-CP dated February 22, 1966 of the Council of Ministers concerning the issuance of official and ordinary passports for persons traveling abroad on official business.
b) This Decree takes effect from September 1, 1993, and all previous provisions contrary to this Decree are abolished.
Article 18.
Within forty-five days from the date of promulgation of this Decree, the Ministers of Foreign Affairs, Public Security, and Finance shall issue circulars guiding its implementation in accordance with their assigned functions and tasks.
Article 19. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairmen of People's Committees of provinces and centrally governed cities are responsible for enforcing this Decree./.