Law on Exit and Entry of Vietnamese Citizens No. 49/2019/QH14

 

LAW

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On the basis of the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law on Exit and Entry of Vietnamese Citizens.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Law regulates exit and entry of Vietnamese citizens; responsibilities of state management agencies for exit and entry and related agencies, organizations, and individuals.

Article 2. Interpretation of Terms

In this Law, the following terms shall be understood as follows:

1. Exit means the act of Vietnamese citizens leaving the territory of Vietnam through Vietnamese border gates.

2. Entry means the act of Vietnamese citizens entering the territory of Vietnam from abroad through Vietnamese border gates.

3. Position, Workplace (if applicable) is a document owned by the State, issued by competent Vietnamese authorities to Vietnamese citizens for use in exiting, entering, proving nationality, and personal identity.

4. Electronic passport is a passport embedded with an electronic device storing encrypted information of the holder and the digital signature of the issuer.

5. Travel document is a document issued by competent Vietnamese authorities to Vietnamese citizens for crossing borders according to international treaties between Vietnam and neighboring countries sharing common borders.

6. Exit and entry control means the inspection, supervision, and verification of persons and exit and entry documents in accordance with this Law.

7. Temporary suspension of exit means the temporary prohibition of exit for Vietnamese citizens for a specified period.

8. National database on exit and entry of Vietnamese citizens is a collection of digitized, stored, managed, and utilized information about Vietnamese citizens related to their exit and entry activities through information infrastructure.

Article 3. Principles of Exit and Entry

1. Compliance with the Constitution, laws of Vietnam, and relevant international treaties to which the Socialist Republic of Vietnam is a member.

2. Ensuring transparency, convenience for Vietnamese citizens; strictness and consistency in managing exit and entry of Vietnamese citizens.

3. Ensuring national security, social order and safety; protecting the rights and legitimate interests of Vietnamese citizens in exit and entry activities.

4. All acts violating laws on exit and entry by agencies, organizations, or individuals must be promptly detected and strictly dealt with in accordance with the law.

Article 8. Prohibited acts

1. Intentionally providing false information to obtain issuance, extension, restoration, or report loss of exit and entry documents.

2. Counterfeiting, using counterfeit exit and entry documents for exit, entry, or travel and residence abroad.

3. Giving, transferring, buying, selling, borrowing, lending, renting, subletting, pledging, receiving pledges of exit and entry documents; destroying, erasing, altering exit and entry documents.

4. Using exit and entry documents contrary to the law, adversely affecting the reputation or causing damage to the interests of the State.

5. Exploiting exit and entry to infringe upon national security, social order and safety of Vietnam, the rights and legitimate interests of agencies and organizations, or the lives, health, rights, and legitimate interests of individuals.

6. Illegal exit and entry; organizing, brokering, assisting, harboring, concealing, facilitating illegal exit and entry of others; crossing national borders without complying with regulations.

7. Obstructing, resisting officials in issuing exit and entry documents or controlling exit and entry.

8. Extorting, causing inconvenience, arbitrarily imposing additional documents, fees, or prolonging processing times for exit and entry procedures; obstructing citizens from exercising their rights and obligations under this Law.

9. Issuing exit and entry documents beyond authority, to inappropriate subjects; failing to prevent, within authority, violations of laws on exit and entry by Vietnamese citizens.

10. Destroying, altering, disclosing information in the National Database on Exit and Entry of Vietnamese Citizens; exploiting information in the National Database on Exit and Entry of Vietnamese Citizens contrary to the law.

11. Seizing, not issuing exit and entry documents, temporarily suspending exit, or resolving exit contrary to the law.

Article 5. Rights and Obligations of Vietnamese Citizens

1. Vietnamese citizens have the following rights:

a) To be issued travel documents in accordance with this Law;

b) Persons aged 14 years or older have the right to choose between an electronic chip passport or a non-electronic chip passport;

c) To exit and enter the country in accordance with this Law;

d) To have their personal and family secrets protected in the National Database on Exit and Entry of Vietnamese Citizens, except where information and documents must be provided according to the law;

đ) To request information about their own exit and entry; to request updates and corrections to their information in the National Database on Exit and Entry of Vietnamese Citizens and their travel documents to ensure completeness and accuracy;

e) To use their passport for transactions or other procedures as prescribed by law;

g) To lodge complaints, file accusations, initiate lawsuits, and seek compensation as prescribed by law.

2. Vietnamese citizens have the following obligations:

a) To comply with Vietnamese laws on exit and entry of Vietnamese citizens and the laws of the destination country when going abroad;

b) To complete procedures for issuing travel documents, extending passports, and restoring the validity of passports as prescribed by this Law;

c) To use travel documents issued by competent authorities in Vietnam for exiting and entering the country;

d) To comply with requests from agencies and authorized persons regarding inspections of individuals, luggage, and travel documents during exit and entry procedures;

đ) To pay fees for issuing travel documents as prescribed by law.

3. Individuals who lack civil capacity, those with difficulties in understanding and controlling their actions as stipulated by the Civil Code, and those under 14 years old shall exercise their rights and fulfill their obligations through their lawful representatives as prescribed by this Law.

Chapter II

TRAVEL DOCUMENTS

Article 6. Travel Documents

1. Travel documents include:

a) Diplomatic passport;

b) Service passport;

c) Ordinary passport;

2. Electronic chip passports or non-electronic chip passports are issued to Vietnamese citizens aged 14 years or older. Non-electronic chip passports are issued to Vietnamese citizens under 14 years old or issued through simplified procedures.

Article 7. Validity Period of Travel Documents

1. Diplomatic and service passports have a validity period of one to five years and may be extended once for up to three years.

2. The validity period of ordinary passports is as follows:

a) Ordinary passports issued to persons aged 14 years or older have a validity period of ten years and cannot be extended;

b) Ordinary passports issued to persons under 14 years old have a validity period of five years and cannot be extended;

c) Ordinary passports issued through simplified procedures have a validity period of up to twelve months and cannot be extended.

3. Travel permits have a validity period of up to twelve months and cannot be extended.

Chapter III

ISSUANCE AND NON-ISSUANCE OF TRAVEL DOCUMENTS

Section 1

ISSUANCE OF DIPLOMATIC AND SERVICE PASSPORTS

Article 8. Subjects eligible for diplomatic passports

1. The General Secretary of the Central Committee of the Communist Party of Vietnam, members of the Politburo, Secretaries of the Central Committee of the Communist Party of Vietnam, members of the Central Committee of the Communist Party of Vietnam, alternate members of the Central Committee of the Communist Party of Vietnam; heads and deputies of heads of agencies under the Central Committee of the Communist Party of Vietnam, other agencies established by the Central Committee of the Communist Party of Vietnam, the Politburo, and the Secretariat of the Central Committee of the Communist Party of Vietnam; members of the Central Inspection Commission of the Communist Party of Vietnam; Secretaries and Deputy Secretaries of Provincial Party Committees, Municipal Party Committees directly under the Central Government, Party Committees of the Central Agencies Group, and the Central Enterprises Group; special envoys, assistants, and secretaries of the General Secretary of the Central Committee of the Communist Party of Vietnam; assistants of members of the Politburo.

2. The Chairman and Vice Chairmen of the National Assembly; heads and deputies of heads of agencies of the National Assembly; heads and deputies of heads of agencies under the Standing Committee of the National Assembly, the National Assembly Office; the State Auditor General and Deputy State Auditor General; National Assembly delegates; assistants and secretaries of the Chairman of the National Assembly.

3. The President and Vice Presidents; heads and deputies of heads of the President's Office; special envoys, assistants, and secretaries of the President.

4. The Prime Minister and Deputy Prime Ministers; heads and deputies of heads of Ministries, ministerial-level agencies, agencies under the Government, and other agencies established by the Government; heads of General Departments or equivalent positions; officers on active duty with ranks of Major General or higher, Rear Admiral of the Vietnam People's Navy or higher; special envoys, assistants, and secretaries of the Prime Minister.

5. Former General Secretaries of the Central Committee of the Communist Party of Vietnam, former Presidents, former Chairmen of the National Assembly, former Prime Ministers, former members of the Politburo, former Secretaries of the Central Committee of the Communist Party of Vietnam, former Vice Presidents, former Vice Chairmen of the National Assembly, former Deputy Prime Ministers.

6. Chief Justices and Deputy Chief Justices of the Supreme People's Court.

7. Procurators General and Deputy Procurators General of the Supreme People's Procuracy.

8. Chairmen and Vice Chairmen of Provincial People's Councils and People's Committees.

9. Chairmen, Vice Chairmen, General Secretaries, and members of the Standing Committee of the Vietnam Fatherland Front Central Committee.

10. Chairmen and Vice Chairmen of the Vietnam General Confederation of Labor, the Vietnam Farmers' Union, the Vietnam Women's Union, the Vietnam Veterans Association; First Secretaries and Permanent Secretaries of the Central Committee of the Ho Chi Minh Communist Youth Union.

12. Diplomatic couriers and consular couriers.

13. Wives or husbands of the General Secretary of the Central Committee of the Communist Party of Vietnam, the President, the Chairman of the National Assembly, the Prime Minister, members of the Politburo, Secretaries of the Central Committee of the Communist Party of Vietnam, Vice Presidents, Vice Chairmen of the National Assembly, Deputy Prime Ministers accompanying them on official trips.

14. Wives or husbands, children under 18 years old of persons specified in Clause 11 of this Article accompanying them on official trips or visiting them during their term of office.

15. In cases where necessary, based on foreign affairs requirements, state protocol, or the nature of the official trip, the Minister of Foreign Affairs shall issue diplomatic passports upon the Prime Minister's directive or consider issuing diplomatic passports upon the request of agencies and authorized persons as stipulated in Article 11 of this Law for persons not covered by this Article.

Article 9. Subjects eligible for official passports

1. Civil servants as prescribed by laws on civil servants.

2. Public institution staff including:

a) Heads and deputies of public institutions; persons holding positions of directors and deputy directors of organizational units within public institutions under the Politburo, the Secretariat, and the Standing Committee of the National Assembly, the Government;

b) Heads and deputies of public institutions; persons holding positions of directors and deputy directors of organizational units within public institutions under central agencies and equivalent agencies of the Central Committee of the Communist Party of Vietnam, the President's Office, the National Assembly Office, the State Audit Office, the Supreme People's Court, the Supreme People's Procuracy, Ministries, ministerial-level agencies, agencies under the Government, and other agencies established by the Government and the Prime Minister; the Vietnam Fatherland Front Central Committee and central agencies of political-social organizations;

c) Heads and deputies of public institutions; persons holding positions of directors and deputy directors of organizational units within public institutions under General Departments, Bureaus, and equivalent agencies under Ministries, ministerial-level agencies; Provincial Party Committees, Municipal Party Committees directly under the Central Government; Provincial People's Committees; Provincial Vietnam Fatherland Front Committees and political-social organizations at the provincial level;

d) Heads of public institutions under County Party Committees, District Party Committees, City Party Committees under Provincial Party Committees, Municipal Party Committees directly under the Central Government; specialized agencies under Provincial People's Committees, District People's Committees;

đ) Persons holding positions tied to state management tasks in public institutions assigned to perform state management tasks.

3. Officers and professional soldiers in the Vietnam People's Army and the Vietnam People's Public Security Force; personnel engaged in confidential work in confidential organizations.

4. Staff of Vietnamese representative offices abroad; resident correspondents of state news agencies and press of Vietnam abroad.

5. Wives or husbands, children under 18 years old of persons specified in Clause 4 of this Article accompanying them on official trips or visiting them during their term of office.

6. In cases where necessary, based on the requirements and nature of the trip, the Minister of Foreign Affairs shall issue official passports upon the Prime Minister's directive or consider issuing official passports upon the request of agencies and authorized persons as stipulated in Article 11 of this Law for persons not covered by this Article.

Article 10. Conditions for Issuing Diplomatic Passports and Official Passports

A Vietnamese citizen shall be issued a diplomatic passport or an official passport if they meet the following conditions:

1. They belong to the categories specified in Articles 8 or 9 of this Law;

2. They are dispatched or permitted to travel abroad by the agency or person with authority as stipulated in Article 11 of this Law to perform official duties.

Article 11. Authority to Approve and Dispatch Individuals for Issuance of Diplomatic Passports and Official Passports

1. The Politburo; the Secretariat; the Committees, Boards, and agencies under the Central Committee of the Communist Party of Vietnam; other agencies established by the Central Committee of the Communist Party of Vietnam, the Politburo, or the Secretariat of the Central Committee of the Communist Party of Vietnam; the Central Party Office; Provincial Party Committees and Municipal Party Committees directly under the Central Government.

2. The Standing Committee of the National Assembly; the National Ethnic Council, the Committees of the National Assembly; agencies under the Standing Committee of the National Assembly; the Director of the National Assembly Office; the State Auditor General.

3. The Prime Minister; Ministers, Heads of Ministries equivalent to Ministries, Heads of agencies under the Government, and other agencies established by the Government or the Prime Minister.

4. The Director of the President's Office.

5. The Chief Justice of the Supreme People's Court.

6. The Procurator-General of the Supreme People's Procuracy.

7. The Standing Body of the People's Councils and the Chairperson of the People's Committees at provincial level.

8. The Vietnam Fatherland Front Central Committee.

9. The Vietnam General Confederation of Labor, the Vietnam Women's Union Central Committee, the Ho Chi Minh Communist Youth Central Committee, the Vietnam Farmers' Union Central Committee, the Vietnam Veterans' Association Central Committee.

10. For personnel under the management of the Politburo and the Secretariat, relevant regulations shall apply.

11. Ministers, Heads of Ministries equivalent to Ministries, Heads of agencies under the Government, and other agencies established by the Government or the Prime Minister, and the Chairpersons of People's Committees at provincial level may delegate their heads of subordinate units to dispatch or permit officials, civil servants, and public employees to travel abroad for work purposes and notify the competent agency issuing passports in writing.

Article 12. Issuance and Extension of Diplomatic Passports and Official Passports within the Country

1. The applicant for issuance or extension of a passport shall submit a fully completed application form, two recent passport photographs, and related documents as prescribed in Clause 2 of this Article to the Consular Agency of the Ministry of Foreign Affairs or an agency authorized by the Ministry of Foreign Affairs.

2. Related documents for the application for issuance or extension of a passport include:

a) A dispatch decision or a document permitting the individual to travel abroad from the agency or person with authority clearly stating the category of the applicant;

b) An agreement document from the agency or person with authority dispatching individuals abroad for those specified in Clause 13 and Clause 14 of Article 8 and Clause 5 of Article 9 of this Law, and an agreement document from the Ministry of Foreign Affairs for those specified in Clause 14 of Article 8 and Clause 5 of Article 9 of this Law;

c) The most recently issued diplomatic passport or official passport; in case the passport is lost, there must be a written notification from the direct managing agency of the passport holder;

d) A diplomatic passport or official passport still valid for less than 12 months for cases requesting an extension of a passport;

đ) A copy of the Identity Card, Citizen Identification Card, or other personal identification document, and the original must be presented for verification;

e) A copy of the Identity Card, Citizen Identification Card, Birth Certificate, Extracted Birth Registration, or adoption certificate for those under 18 years old as specified in Clause 14 of Article 8 and Clause 5 of Article 9 of this Law, and the original must be presented for verification;

g) An introduction letter from the agency or organization for cases where a representative submits on behalf of the applicant; the representative must present personal identification documents.

3. The person assigned the task is responsible for receiving the application form, passport photographs, and related documents; checking and verifying the information against the national database on exit and entry of Vietnamese citizens; taking fingerprints and capturing images of the applicant for the first time for electronic chip attachment; issuing a receipt for the result.

4. Within five working days from the date of receipt, the Consular Agency of the Ministry of Foreign Affairs or an agency authorized by the Ministry of Foreign Affairs shall issue or extend the passport, issue a supporting letter for visa application, and deliver the results; if the passport is not issued or extended, a written response with reasons must be provided.

5. Applicants for issuance or extension of diplomatic passports and official passports within the country who request to receive the results at a location different from that specified in Clause 4 of this Article must pay service delivery fees.

Article 13. Issuance and Extension of Diplomatic Passports and Official Passports Abroad

1. Issuance and extension of diplomatic passports and official passports abroad shall be carried out in the following cases:

a) When a person holding a diplomatic passport or an official passport has lost it, damaged it, run out of pages, or exceeded its validity period while working abroad;

b) When a member of a Vietnamese representative office abroad or a state news agency or press organization permanently based abroad changes their position;

c) When a person residing abroad is appointed to become a member of a Vietnamese representative office abroad or a state news agency or press organization permanently based abroad;

d) When the spouse, child under 18 years old, or newborn child of a member of a Vietnamese representative office abroad or a state news agency or press organization permanently based abroad resides abroad and wishes to visit or accompany them.

2. The applicant for issuance or extension of a passport shall submit a completed application form, two recent passport photographs, and relevant documents as prescribed in Clause 3 of this Article at the Vietnamese representative office abroad.

3. Relevant documents related to the issuance and extension of diplomatic passports and official passports abroad are specified as follows:

a) A dispatch decision or a document permitting travel abroad issued by the competent authority clearly stating the individual who is the subject of the request for issuance of a passport in the cases stipulated in points a and d of Clause 1 of this Article; in case of a newborn child born abroad, a copy of the birth certificate or an extract from the birth registration must be provided;

b) A document from the competent authority regarding the appointment to a position or change in work status in the cases stipulated in points b and c of Clause 1 of this Article;

c) A diplomatic passport or an official passport still valid for more than 12 months for the case of requesting an extension of a passport;

d) The most recently issued diplomatic passport or official passport; in case of loss, a report to the Vietnamese representative office abroad must be submitted.

4. The person assigned the task shall be responsible for receiving the application form, passport photographs, and relevant documents; checking and cross-referencing with information in the National Database on Exit and Entry of Vietnamese Citizens; taking photographs and collecting fingerprints of the applicant for the first time for an electronic chip passport; issuing a receipt for the result.

5. Within five working days from the date of receipt, the Vietnamese representative office abroad shall issue or extend the passport, issue a letter of support for visa application, and deliver the results; if the passport is not issued, the processing time must be extended for verification purposes, or if the extension is not granted, a written response must be given with reasons stated and notified in writing to the Consular Department of the Ministry of Foreign Affairs in cases where there is no connection to the National Database on Exit and Entry of Vietnamese Citizens.

Section 2

ISSUANCE OF ORDINARY PASSPORTS

Article 14. Subjects Eligible for Ordinary Passports

Vietnamese citizens are eligible for ordinary passports except in the cases stipulated in Article 21 of this Law.

Article 15. Issuance of Ordinary Passports within the Country for general use within the country

1. The applicant for issuance of a passport shall submit a completed application form, two recent passport photographs, and relevant documents as prescribed in Clause 2 of this Article; present a Citizen Identification Card, Citizen Identity Card, or a valid passport.

a) A copy of the birth certificate or an extract from the birth registration for persons under 14 years old;

b) The most recently issued ordinary passport for those who have already been issued a passport; in case of loss, a report of loss or notification of receipt of the report from the competent authority as stipulated in Article 28 of this Law must be attached;

c) A certified copy of the Citizen Identification Card or Citizen Identity Card for cases where personal information has changed compared to the information in the most recently issued passport;

d) A certified copy of a document issued by a competent Vietnamese authority proving the legal representative for persons without civil capacity, persons with difficulty in understanding and controlling their actions according to the Civil Code, or persons under 14 years old. In case of an un-certified copy, the original must be presented for verification and comparison.

3. The initial application for issuance of a passport shall be processed at the Exit and Entry Administration of the Provincial Public Security Department where the applicant usually resides or temporarily resides; in cases where a Citizen Identity Card is held, it can be processed at the Exit and Entry Administration of the Provincial Public Security Department that is convenient.

4. An applicant for issuance of a passport who falls into one of the following cases may choose to process it at the Exit and Entry Administration of the Ministry of Public Security:

a) Having a referral or a hospital's recommendation for medical treatment abroad;

b) Having evidence that a relative abroad has suffered an accident, illness, or death;

c) Having a written request from a direct management agency for cadres, civil servants, public officials, officers, non-commissioned officers, professional military personnel, workers, and staff in armed forces, or personnel in confidential organizations;

d) For humanitarian or urgent reasons decided by the head of the Exit and Entry Administration of the Ministry of Public Security.

5. Subsequent applications for issuance of a passport shall be processed at the Exit and Entry Administration of the Provincial Public Security Department that is convenient or at the Exit and Entry Administration of the Ministry of Public Security.

6. The person assigned the task shall be responsible for receiving the application form, passport photographs, and relevant documents; checking and cross-referencing with information in the National Database on Exit and Entry of Vietnamese Citizens; taking photographs and collecting fingerprints of the applicant for the first time for an electronic chip passport; issuing a receipt for the result.

7. Within eight working days from the date of receipt, the Exit and Entry Administration of the Provincial Public Security Department shall deliver the results to the applicant. Within five working days from the date of receipt, the Exit and Entry Administration of the Ministry of Public Security shall deliver the results to the applicant. For cases stipulated in Clause 4 of this Article, the processing time shall not exceed three working days from the date of receipt. If the passport is not issued, the Exit and Entry Administration shall provide a written response with reasons stated.

Article 16. Issuance of ordinary passports abroad

In case there is no Vietnamese passport or identity card issued by an authorized Vietnamese agency, the applicant shall present an identity card issued by an authorized foreign agency and a document proving Vietnamese nationality or a document serving as the basis for determining Vietnamese nationality as prescribed by the law on nationality.

2. The first-time application for issuance of a passport shall be made at the Vietnamese representative office in the country where the applicant resides. Subsequent applications for issuance of a passport shall be made at a Vietnamese representative office abroad that is convenient.

3. The person assigned the task is responsible for receiving the application form, passport photographs, and related documents; checking and verifying the information against the national database on exit and entry of Vietnamese citizens; taking fingerprints and capturing images of the applicant for the first time for electronic chip attachment; issuing a receipt for the result.

4. Within five working days from the date of receipt of the first-time application for issuance of a passport and three working days from the date of receipt of subsequent applications for issuance of a passport, if there are sufficient grounds for issuing the passport, the Vietnamese representative office abroad receiving the application shall deliver the result to the applicant and notify in writing the Exit and Entry Administration under the Ministry of Public Security and the Consular Department under the Ministry of Foreign Affairs in cases where it has not been connected to the National Database on Exit and Entry of Vietnamese Citizens.

In cases where there are insufficient grounds for issuing the passport or where additional time is needed to determine the grounds for issuing the passport, the Vietnamese representative office abroad shall respond in writing to the applicant, stating the reasons.

5. The extended period for determining the grounds for issuing the passport as stipulated in Clause 4 of this Article is regulated as follows:

a) Within three working days from the date of receipt of the application, the Vietnamese representative office abroad sends a written document according to the model to the Consular Department under the Ministry of Foreign Affairs and the Exit and Entry Administration under the Ministry of Public Security for verification within their jurisdiction;

b) Within fifteen days from the date of receipt of the exchange document, the Consular Department under the Ministry of Foreign Affairs and the Exit and Entry Administration under the Ministry of Public Security shall respond in writing to the Vietnamese representative office abroad;

c) Within two working days from the date of receipt of the response from the Consular Department under the Ministry of Foreign Affairs and the Exit and Entry Administration under the Ministry of Public Security, the Vietnamese representative office abroad issues the passport and delivers the result to the applicant; in cases where the passport is not issued, the Vietnamese representative office abroad shall respond in writing to the applicant, stating the reasons.

6. Where the applicant requests to receive the result at a location different from the authority specified in Clause 2 of this Article, they must pay for the service of delivery.

Section 3

 ISSUANCE OF ORDINARY PASSPORTS UNDER EXPEDITED PROCEDURES

Article 17. Subjects eligible for issuance of ordinary passports under expedited procedures

1. Individuals who have lost their ordinary passports with a limited stay abroad and wish to return home immediately.

3. Individuals required to return home pursuant to international treaties or international agreements on the repatriation of citizens.

4. Individuals issued ordinary passports due to national defense or security reasons.

Article 18. Issuing ordinary passports through simplified procedures

1. Issuing ordinary passports for persons going abroad whose passports have been lost and who wish to return home immediately shall be regulated as follows:

a) The applicant submits a report on the loss of the passport, a completed application form, two recent photographs, and presents identity documents issued by competent Vietnamese authorities if available;

b) Within two working days from the date of receiving the request, the Vietnamese representative office abroad will examine and decide to issue the passport, deliver the result to the applicant, and notify in writing the Immigration Management Agency under the Ministry of Public Security in cases where it has not yet connected with the National Database on Exit and Entry of Vietnamese Citizens;

c) In cases where there is insufficient basis to issue the passport, within two working days from the date of receiving the request, the Vietnamese representative office abroad sends a written document according to the model to the Immigration Management Agency under the Ministry of Public Security for verification, and at the same time notifies in writing the applicant;

d) Within two working days from the date of receiving the exchange document, the Immigration Management Agency under the Ministry of Public Security replies in writing to the Vietnamese representative office abroad regarding the issuance of the passport;

đ) Within one working day from the date of receiving the reply, the Vietnamese representative office abroad issues the passport and delivers the result to the applicant; in cases where the passport is not issued, it replies in writing, stating the reasons;

e) In cases where relatives in Vietnam fill out the application form, the Immigration Management Agency under the Ministry of Public Security receives, checks, and replies to the relatives and notifies in writing the Vietnamese representative office abroad within two working days from the date of receiving the request; within one working day from the date of receiving the notification, the Vietnamese representative office abroad collects the photograph of the applicant, issues an ordinary passport, and delivers the result;

a) The Vietnamese representative office abroad receives the expulsion decision of the competent authority of the host country accompanied by two recent photographs of the person being expelled;

b) Within two working days from the date of receiving the expulsion decision of the host country, the Vietnamese representative office abroad sends information about the person being expelled according to the model to the Immigration Management Agency under the Ministry of Public Security;

c) Within fifteen days from the date of receiving the request, the Immigration Management Agency under the Ministry of Public Security verifies and replies in writing to the Vietnamese representative office abroad;

d) The Vietnamese representative office abroad issues an ordinary passport with a limited period according to the notification of the Immigration Management Agency under the Ministry of Public Security;

3. Issuing ordinary passports for persons who must return home pursuant to international treaties or agreements on the repatriation of citizens shall be regulated as follows:

a) The Immigration Management Agency under the Ministry of Public Security receives and processes requests from foreign countries according to signed international treaties or agreements on the repatriation of citizens;

b) If accepted, an ordinary passport with a validity period not exceeding six months is issued and handed over to the foreign side according to the provisions of the international treaty or agreement;

4. The Immigration Management Agency under the Ministry of Public Security issues ordinary passports or notifies in writing the Vietnamese representative office abroad to issue ordinary passports according to the decision of the Minister of Public Security for cases due to national defense and security reasons;

Section 4

ISSUE OF TRAVEL DOCUMENTS

Article 19. Subjects eligible for issuance of a pass

1. Vietnamese citizens residing in administrative units at commune, district, provincial levels sharing borders with neighboring countries.

2. Officials, civil servants, employees and workers belonging to agencies, organizations, enterprises of provinces sharing borders with neighboring countries.

3. Officials, civil servants, employees and workers belonging to agencies, organizations, enterprises at central or other local levels but having their offices located in provinces sharing borders with neighboring countries.

4. The Government shall provide detailed regulations on this matter.

Article 20. Issuance of passes

1. The person requesting the issuance of a pass submits the application and receives the result at the competent authority specified in Clause 2 of this Article. In case a pass is not issued, the competent authority or the person receiving the application has the responsibility to inform and clearly state the reasons to the applicant.

2. Police stations of communes, wards, towns, police departments of districts, towns, cities under provinces, Exit-Entry Management Agencies of Provincial Public Security Departments adjacent to the border with neighboring countries issue passes for cases stipulated in Article 19 of this Law.

3. The Government shall provide detailed regulations on the procedures, formalities, and authority for issuing passes; and regulations on the recovery, cancellation of the validity of passes.

Section 5

 NOT ISSUING TRAVEL DOCUMENTS

Article 21. Cases where travel documents are not issued

1. Persons who have not complied with decisions on administrative penalties for violations stipulated in Clauses 1, 2, 3, 4, 5, 6, or 7 of Article 4 of this Law.

2. Persons subject to temporary suspension of departure, except for cases stipulated in Clause 12 of Article 37 of this Law.

3. Cases due to national defense and security reasons as decided by the Minister of National Defense or the Minister of Public Security.

Article 22. Duration of non-issuance of travel documents

1. For cases stipulated in Clause 1 of Article 21 of this Law, the duration of non-issuance of travel documents is calculated until the completion of compliance with the decision on administrative penalty.

2. For cases stipulated in Clause 2 of Article 21 of this Law, the duration of non-issuance of travel documents is calculated according to the period of temporary suspension of departure for that case.

3. For cases stipulated in Clause 3 of Article 21 of this Law, the duration of non-issuance of travel documents is calculated until there is no longer an impact on national defense and security as decided by the Minister of National Defense or the Minister of Public Security.

Chapter IV

MANAGEMENT, USE, RECOVERY, CANCELLATION, AND RESTORATION OF TRAVEL DOCUMENTS

Section 1

MANAGEMENT AND USE OF TRAVEL DOCUMENTS

Article 23. Responsibilities of persons holding travel documents

1. To keep and preserve travel documents; immediately report to the competent authority when losing travel documents; process new issuance when travel documents are damaged, information about personal details, distinguishing features, gender identification changes.

2. To only use one valid travel document for each exit or entry.

3. Within five working days from the end of the exit or entry activity, must return diplomatic passports, official passports to the agency or passport manager as specified in Clause 1 of Article 24 of this Law, except for legitimate reasons decided by the head of the agency.

4. When changing workplaces, must report to the agency or passport manager of the transferring and receiving places to manage diplomatic passports, official passports in accordance with this Law.

Article 24. Management of diplomatic passports and official passports

1. The agency or person authorized to manage diplomatic passports and official passports as stipulated in Article 11 of this Law or the agency or person entrusted with such management shall be responsible for the following:

a) Managing diplomatic passports and official passports of officials, civil servants, employees, officers, professional military personnel in the People's Army, People's Public Security, and personnel engaged in confidential work within their jurisdiction;

b) Managing diplomatic passports and official passports of relatives as stipulated in Clauses 13 and 14 of Article 8 and Clause 5 of Article 9 of this Law accompanying the person within their jurisdiction on official trips or visiting these persons during their term of office.

2. The procedures and formalities for managing diplomatic passports and official passports are as follows:

a) Maintaining a record of the issuance and receipt of passports and ensuring absolute safety for passports while stored at the passport management agency;

b) Handing over passports to the holder upon issuance of a dispatch decision to go abroad. The handover of passports must be signed off;

c) Transferring passports to the new managing agency or person when the passport holder is transferred to a new job;

d) Reporting in writing to the competent agency or person about the holder's intentional failure to hand over passports to the managing agency or person, or improper use of passports;

đ) Immediately reporting in writing to the passport issuing agency under the Ministry of Foreign Affairs and the Exit-Entry Management Agency of the Ministry of Public Security about the loss or damage of passports managed by their agency;

e) Transferring to the passport issuing agency under the Ministry of Foreign Affairs to cancel the validity of passports of individuals no longer eligible to use diplomatic passports or official passports;

g) Reporting to the competent authority to handle violations related to the misuse and management of passports.

Article 25. Use of diplomatic passports and official passports

1. Persons issued with diplomatic passports or official passports shall use such passports when traveling abroad pursuant to a dispatch decision or a written agreement of the agency or person having the authority as prescribed in Article 11 of this Law, except for cases of studying abroad for more than six months.

2. The use of diplomatic passports and official passports for official business abroad must be consistent with the dispatch decision for official business and the nature of work performed abroad.

Article 26. Use of ordinary passports and travel documents

1. Vietnamese citizens issued with ordinary passports may use such passports for departure and entry, except in cases where their departure is temporarily suspended.

2. Vietnamese citizens issued with travel documents may use such documents to cross borders and operate in neighboring countries according to international treaties between Vietnam and countries sharing a border, except in cases where their departure is temporarily suspended.

Section 2

REVOCATION, CANCELLATION, AND RESTORATION OF PASSPORT USE VALUE

Article 27. Cases of revocation and cancellation of passport use value

2. Revoke and cancel the use value of passports of persons who have renounced Vietnamese citizenship, had their Vietnamese citizenship revoked, or had their decision to acquire Vietnamese citizenship annulled.

3. Revoke and cancel the use value of valid diplomatic passports and official passports for persons no longer eligible to use them.

4. Revoke and cancel the use value of passports issued to persons falling under Clause 1 of Article 21 of this Law.

1. The cancellation of the use value of diplomatic passports and official passports shall be carried out as follows:

a) The direct management agency of the person issued with a diplomatic passport or official passport shall notify in writing about the loss of the passport to the Consular Agency of the Ministry of Foreign Affairs, the agency authorized by the Ministry of Foreign Affairs to issue passports, or the Vietnamese representative office abroad at the most convenient location, as soon as possible.

b) Within one working day from the date of receipt of the notification of the lost passport, the Consular Agency of the Ministry of Foreign Affairs, the agency authorized by the Ministry of Foreign Affairs to issue passports, or the Vietnamese representative office abroad shall cancel the use value of the passport and notify the sender and the Exit-Entry Administration of the Ministry of Public Security according to a model form, in cases where it has not been connected to the National Database on Exit and Entry of Vietnamese Citizens.

a) Within forty-eight hours from the time of discovering the loss of an ordinary passport, the person who lost the passport shall directly submit or send a report of loss according to a model form to the Exit-Entry Management Agency at the most convenient location, the nearest police station, or the border control unit at the checkpoint, or the Vietnamese representative office abroad at the most convenient location. In cases of force majeure, the deadline for submission or sending the report of loss may be extended, but the report must provide specific reasons for the force majeure.

b) Within one working day from the date of receipt of the report of loss of an ordinary passport, the receiving agency shall notify according to a model form to the Exit-Entry Administration of the Ministry of Public Security and the person who submitted the report. Within one working day from the date of receipt of the notification, the Exit-Entry Administration of the Ministry of Public Security shall cancel the use value of the passport.

Article 29. Revocation and invalidation of passport for persons who have been relieved of Vietnamese nationality, deprived of Vietnamese nationality, or whose decision to grant Vietnamese nationality has been annulled.

1. Within thirty days from the date of the decision to relieve of Vietnamese nationality, deprive of Vietnamese nationality, or annul the decision to grant Vietnamese nationality, the Ministry of Justice shall send a notification letter to the Immigration Management Agency under the Ministry of Public Security if such person resides within the country, or send a notification letter to the Vietnamese representative agency abroad if such person resides outside the country.

2. Within three working days from the date of receipt of the notification letter, the Immigration Management Agency under the Ministry of Public Security shall check, retrieve, and invalidate passports that are still valid.

3. Within three working days from the date of receipt of the notification letter, the Vietnamese representative agency abroad shall check, retrieve, and invalidate passports that are still valid, and notify the results to the Immigration Management Agency under the Ministry of Public Security and the Consular Agency under the Ministry of Foreign Affairs in cases where it has not been connected to the National Database on Exit and Entry of Vietnamese Citizens.

Article 30. Revocation and invalidation of diplomatic passports and official passports for cases no longer eligible to use them.

1. Cases no longer eligible to use diplomatic passports or official passports include:

a) Persons who have been issued diplomatic passports or official passports and have died or gone missing;

b) Persons who have been issued diplomatic passports due to changes in position, title, or family relations and no longer fall under the categories specified in Article 8 of this Law;

c) Persons who have been issued official passports due to changes in job positions or family relations and no longer fall under the categories specified in Article 9 of this Law.

2. When there is a case no longer eligible to use diplomatic passports or official passports, the issuing authority or the passport holder's manager shall submit a request for revocation and invalidation of diplomatic passports or official passports according to the prescribed form to the Consular Agency under the Ministry of Foreign Affairs or the agency authorized by the Ministry of Foreign Affairs to issue passports.

3. Within one working day from the date of receipt of the request, the Consular Agency under the Ministry of Foreign Affairs or the agency authorized by the Ministry of Foreign Affairs to issue passports shall carry out the invalidation of the passport and notify in writing the Immigration Management Agency under the Ministry of Public Security in cases where it has not been connected to the National Database on Exit and Entry of Vietnamese Citizens.

Article 31. Revocation and invalidation of passports for persons who have committed prohibited acts and are therefore ineligible for issuance of travel documents.

1. Upon determining that a person falls under the category of being ineligible for issuance of travel documents as stipulated in Clause 1 of Article 21 of this Law, the passport issuing authority shall check and require the person who has been issued a passport to return the valid passport for invalidation.

2. In cases where the valid passport cannot be retrieved, the passport issuing authority shall carry out the invalidation of the passport.

Article 32. Restoring the Validity of Ordinary Passports

1. An ordinary passport that has been invalidated due to loss within the country, but is later found intact and still valid with foreign visas, may be considered for restoration.

3. The person assigned the task shall be responsible for receiving, checking, and verifying the information in the application form against the information in the passport and issuing a receipt for the result.

4. The restoration of the validity of ordinary passports shall be carried out at the Exit and Entry Administration under the Ministry of Public Security.

5. Within three working days from the date of receipt of the request, the Exit and Entry Administration under the Ministry of Public Security shall return the restored passport to the applicant; if they disagree with restoring the passport's validity, they must provide a written response stating the reasons.

Within five working days from the date of receipt of the request, the Exit and Entry Administration of the provincial police shall return the restored passport to the applicant; if they disagree with restoring the passport's validity, they must provide a written response stating the reasons.

Chapter V

EXIT, ENTRY, AND SUSPENSION OF EXIT

Article 33. Conditions for Exit

1. Vietnamese citizens may exit when they meet the following conditions:

b) Having a visa or other document confirming or proving eligibility for entry into the destination country, except in cases where a visa is waived;

c) Not being subject to prohibitions on exit, denial of exit, or suspension of exit as prescribed by law.

2. Individuals who lack civil capacity, those with difficulties in understanding and controlling their behavior according to the Civil Code, and those under 14 years old, in addition to the conditions stipulated in Clause 1 of this Article, must be accompanied by a legal representative.

Article 34. Conditions for Entry

Vietnamese citizens may enter when they have intact travel documents still valid for use.

Article 35. Control of Exit and Entry

1. When exiting or entering, Vietnamese citizens must present to the exit and entry control officers or automatic control gates the documents specified in points a and b of Clause 1 of Article 33 and Article 34 of this Law, except in cases of traveling on defense or security vehicles to enter or leave Vietnam to perform defense or security tasks.

In the case stipulated in Clause 2 of Article 33 of this Law, the legal representative must present documents proving their legal representation.

2. The exit and entry control officers shall be responsible for checking the exit and entry conditions as prescribed in Articles 33 and 34 of this Law, comparing the information with the national database on exit and entry of Vietnamese citizens, and handling as follows:

a) If the conditions are met, grant exit or entry;

b) If the conditions for exit are not met, prepare a record of non-granting of exit;

c) If the conditions for entry are not met, handle according to the provisions of the law on administrative violations, then grant entry;

d) In the case stipulated in Clause 3 of Article 21 of this Law, implement checks according to the decision of the Minister of Public Security or the Minister of National Defense.

3. The Government shall specify detailed regulations on the control of exit and entry through automatic control gates; regulate the control of exit and entry for individuals traveling on defense or security vehicles to enter or leave Vietnam to perform defense or security tasks.

Article 36. Cases for Temporary Suspension of Departure from the Country

1. Suspects, defendants; persons reported to be involved in criminal activities, persons recommended for prosecution, who upon investigation have sufficient grounds to determine that they are suspected of committing crimes and it is deemed necessary to immediately prevent their escape or destruction of evidence as provided for in the Criminal Procedure Code.

2. Persons granted suspension of execution of custodial sentences, persons granted temporary suspension of execution of custodial sentences, persons granted conditional early release during the probation period, persons granted suspended sentences during the probation period, persons serving non-custodial corrective measures during the execution period as stipulated in the Law on Execution of Criminal Sentences.

3. Persons subject to civil procedural laws if there are grounds indicating that the resolution of the case is related to their obligations towards the State, agencies, organizations, individuals, and their departure affects the resolution of the case, interests of the State, rights and legitimate interests of agencies, organizations, individuals, or to ensure enforcement of judgments.

4. Persons required to execute civil judgments, legal representatives of agencies, organizations currently obligated to enforce judgments and decisions according to civil enforcement laws if there are grounds indicating that their departure affects the interests of the State, rights and legitimate interests of agencies, organizations, individuals, or to ensure enforcement of judgments.

5. Tax payers, legal representatives of enterprises currently being enforced to comply with administrative decisions on tax management, Vietnamese citizens departing to settle abroad, Vietnamese citizens residing abroad who have not completed their tax obligations as prescribed by tax management laws before departure.

6. Persons currently being enforced, representatives of organizations currently being enforced to comply with administrative penalty decisions, and it is deemed necessary to immediately prevent their escape.

7. Persons under inspection, examination, verification, who have sufficient grounds to determine that they have committed particularly serious violations, and it is deemed necessary to immediately prevent their escape.

8. Persons currently suffering from dangerous contagious diseases and it is deemed necessary to immediately prevent their spread to the community, except in cases where they are permitted entry by foreign countries.

9. Persons whom competent authorities have grounds to believe that their departure will affect national defense and security.

Article 37. Authority to Decide on Temporary Suspension of Departure from the Country, Extension, and Revocation of Temporary Suspension of Departure from the Country

1. The authority to suspend departure from the country for cases specified in Clause 1 of Article 36 of this Law shall be implemented in accordance with the provisions of the criminal procedural law.

2. Agencies or persons authorized to issue decisions suspending the execution of custodial sentences, temporarily suspending the execution of custodial sentences, granting conditional early release, enforcing suspended sentences, enforcing non-custodial corrective measures shall have the authority to decide on the temporary suspension of departure from the country for cases specified in Clause 2 of Article 36 of this Law.

3. The authority to suspend departure from the country for cases specified in Clause 3 of Article 36 of this Law shall be implemented in accordance with the provisions of the civil procedural law.

4. The authority to suspend departure from the country for cases specified in Clause 4 of Article 36 of this Law shall be implemented in accordance with the provisions of the civil enforcement law.

5. Heads of tax management agencies as prescribed by tax management laws shall have the authority to decide on the temporary suspension of departure from the country for cases specified in Clause 5 of Article 36 of this Law.

6. Chief Justice of the Supreme People's Court, Ministers, Heads of Ministries equivalent to Ministries, Chairmen of Provincial People's Committees shall have the authority to decide on the temporary suspension of departure from the country for cases specified in Clause 6 of Article 36 of this Law based on the proposal of the person issuing the decision to enforce administrative penalty decisions within their jurisdiction.

7. Heads of central inspection and examination agencies shall have the authority to decide on the temporary suspension of departure from the country for cases specified in Clause 7 of Article 36 of this Law.

8. Minister of Health shall have the authority to decide on the temporary suspension of departure from the country for cases specified in Clause 8 of Article 36 of this Law.

9. Minister of National Defense, Minister of Public Security shall have the authority to decide on the temporary suspension of departure from the country for cases specified in Clause 9 of Article 36 of this Law.

10. Persons authorized as stipulated in Clauses 1, 2, 3, 4, 5, 6, and 7 of this Article may only issue decisions on temporary suspension of departure from the country within the scope of their duties and powers and for cases related to ongoing proceedings under their jurisdiction.

11. Persons authorized to issue decisions on temporary suspension of departure from the country also have the authority to issue decisions on extension and revocation of such decisions and shall bear legal responsibility for their decisions.

12. In special cases, the Minister of Public Security shall coordinate with the person issuing the decision on temporary suspension of departure from the country regarding permission for persons subject to temporary suspension of departure from the country to depart.

Article 38. Duration of Suspension of Departure from the Country, Extension of Suspension of Departure from the Country 1. The duration of suspension of departure from the country and extension of suspension of departure from the country shall be regulated as follows:

a) In cases prescribed in Clause 1 of Article 36 of this Law, the duration of suspension of departure from the country shall be implemented according to the provisions of the Criminal Procedure Code;

b) In cases prescribed in Clauses 2, 3, 4, 5, and 6 of Article 36 of this Law, the duration of suspension of departure from the country ends when the violator or the person obligated to comply with the judgment or decision of the competent authority under this Law has completed such judgment or decision;

c) In cases prescribed in Clause 7 of Article 36 of this Law, the duration of suspension of departure from the country shall not exceed 01 year and may be extended, each time not exceeding 01 year;

d) In cases prescribed in Clause 8 of Article 36 of this Law, the duration of suspension of departure from the country shall not exceed 06 months and may be extended, each extension not exceeding 06 months;

đ) In cases prescribed in Clause 9 of Article 36 of this Law, the duration of suspension of departure from the country shall be calculated until there is no longer an impact on national defense and security, as decided by the Minister of National Defense or the Minister of Public Security.

2. If a person has been suspended from departing the country and such suspension is neither revoked nor extended, then upon expiration of the period prescribed in Clause 1 of this Article, the suspension of departure from the country shall be automatically revoked.

Article 39. Procedures and Formalities for Implementing Suspension of Departure from the Country, Extension, and Revocation of Suspension of Departure from the Country

1. The competent authority deciding on the suspension of departure from the country shall have the responsibility to send a document in the prescribed form to the Exit and Entry Administration of the Ministry of Public Security, and at the same time notify the person subject to the suspension of departure from the country in writing using the prescribed form, except in cases prescribed in Clause 9 of Article 36 of this Law.

2. During the period of suspension of departure from the country, if there is sufficient basis to revoke the decision on the suspension of departure from the country, the competent authority prescribed in Article 37 of this Law shall send a document revoking the decision on the suspension of departure from the country in the prescribed form to the Exit and Entry Administration of the Ministry of Public Security, and at the same time notify the person who was subject to the suspension of departure from the country in writing using the prescribed form.

3. Before the expiration of the period of suspension of departure from the country, if an extension is required, the competent authority prescribed in Article 37 of this Law shall send a document in the prescribed form to the Exit and Entry Administration of the Ministry of Public Security, and at the same time notify the person subject to the extension of the suspension of departure from the country in writing using the prescribed form.

4. The competent authority prescribed in Article 37 of this Law shall have the responsibility to regularly organize reviews of cases that have been suspended from departing the country within its jurisdiction to decide on extensions or revocations of the suspension of departure from the country as prescribed in Clauses 2 and 3 of this Article.

5. The Exit and Entry Administration of the Ministry of Public Security shall have the responsibility to immediately implement the suspension of departure from the country, extensions, and revocations of the suspension of departure from the country after receiving the decisions of the competent authority prescribed in Article 37 of this Law.

NATIONAL DATABASE ON EXIT AND ENTRY OF VIETNAMESE CITIZENS

Chapter VI

Article 40. Requirements for Building and Managing the National Database on Exit and Entry of Vietnamese Citizens

1. The national database on exit and entry of Vietnamese citizens shall be built and managed at the Exit and Entry Administration of the Ministry of Public Security, connected synchronously to the management agencies of exit and entry, border gate management agencies, agencies issuing travel documents, and units controlling the exit and entry of Vietnamese citizens under the Ministry of Public Security, the Ministry of National Defense, and the Ministry of Foreign Affairs.

2. The national database on exit and entry of Vietnamese citizens shall be built to ensure connectivity with databases on population, citizen identity cards, criminal records, nationality, and other databases, meeting standards for database structure and technical standards for information technology, ensuring continuous, stable, smooth, secure, and confidential operation.

3. Compliance with regulations and systems regarding file work and electronic transactions, information technology.

4. Collection and updating of complete, accurate, and timely information; ensuring stable, secure, and confidential operation.

4. Collecting, updating information fully, accurately, and promptly; ensuring stable, secure, and confidential operations.

Article 41. Information in the National Database on Exit and Entry of Vietnamese Citizens

1. The content of information collected and updated includes:

a) Surnames, middle names, and given names at birth; surnames, middle names, and current given names;

c) Gender;

d) Facial photograph;

đ) Fingerprints;

e) Number, date, month, year, and place of issuance of travel documents;

g) Citizen identification number or personal identification number;

h) History of exit and entry to Vietnam;

i) Date, month, and year when a citizen reports the loss of travel documents;

k) Recovery, cancellation, or restoration of the validity of travel documents;

l) Other related information.

2. The collection and updating of information into the National Database on Exit and Entry of Vietnamese Citizens shall be carried out in accordance with Article 42 of this Law.

Article 42. Collection and Updating of Information into the National Database on Exit and Entry of Vietnamese Citizens

1. Information about Vietnamese citizens is collected and updated into the National Database on Exit and Entry of Vietnamese Citizens from the following sources:

a) The National Population Database, the National Identity Card Database, the National Database, and other specialized databases;

b) Collection of personal information; facial photographs; fingerprints of citizens during the process of applying for passports and border control;

c) Citizens requesting to update or modify their information in the National Database on Exit and Entry of Vietnamese Citizens, their travel documents;

d) Information provided by relevant agencies, organizations, and individuals related to the activities of exit and entry of Vietnamese citizens.

2. The collection and updating of information into the National Database on Exit and Entry of Vietnamese Citizens must comply with the following regulations:

a) Information can only be updated into the National Database on Exit and Entry of Vietnamese Citizens if it has been verified as accurate;

b) In cases where information is collected from multiple sources and is inconsistent in content, the agency responsible for updating must verify the legality of the information before updating it into the National Database on Exit and Entry of Vietnamese Citizens and bear responsibility for the updated information.

3. Responsibilities for collecting and updating information into the National Database on Exit and Entry of Vietnamese Citizens are stipulated as follows:

a) Agencies issuing travel documents and units controlling exit and entry have the responsibility to immediately collect and process information related to the issuance of passports and the activities of exit and entry of Vietnamese citizens, and update it into the National Database on Exit and Entry of Vietnamese Citizens; they are responsible for the information already updated in the National Database on Exit and Entry of Vietnamese Citizens;

b) Agencies managing the National Population Database, the National Identity Card Database, the National Database, and other related specialized databases have the responsibility to ensure continuous and smooth connection with the National Database on Exit and Entry of Vietnamese Citizens;

c) The Exit and Entry Management Agency under the Ministry of Public Security has the responsibility to collect and update information within its jurisdiction; protect and secure information in accordance with the law.

4. Citizens, other agencies, and organizations have the responsibility to create conditions and provide information for agencies issuing travel documents and units controlling exit and entry of Vietnamese citizens to collect and update into the National Database on Exit and Entry of Vietnamese Citizens.

Article 43. Management and Exploitation of the National Database on Exit and Entry of Vietnamese Citizens

1. The National Database on Exit and Entry of Vietnamese Citizens is a shared database for issuing, managing exit-entry documents, and controlling the exit and entry of Vietnamese citizens, managed by the Exit and Entry Administration under the Ministry of Public Security.

2. The exploitation of information in the National Database on Exit and Entry of Vietnamese Citizens shall be carried out as follows:

a) The Exit and Entry Administration under the Ministry of Public Security is responsible for uniformly defining the scope of exploitation and use of information in the National Database on Exit and Entry of Vietnamese Citizens;

b) Authorities issuing exit-entry documents, border gate management agencies, and units controlling exit and entry exploit information in the National Database on Exit and Entry of Vietnamese Citizens within their functional duties, tasks, and authorities.

3. The Government shall provide detailed regulations on the management and exploitation of information in the National Database on Exit and Entry of Vietnamese Citizens for relevant agencies, organizations, and individuals.

Chapter VII

RESPONSIBILITIES FOR MANAGING EXIT AND ENTRY OF VIETNAMESE CITIZENS

Article 44. State Management Responsibilities for Exit and Entry of Vietnamese Citizens

1. The Government shall uniformly manage state affairs concerning the exit and entry of Vietnamese citizens; prescribe online public services to serve the issuance, management, and control of passports for Vietnamese citizens.

2. The Ministry of Public Security shall take the lead and coordinate with the Ministry of Defense and the Ministry of Foreign Affairs to be responsible before the Government for implementing state management over the exit and entry of Vietnamese citizens.

Article 45. Responsibilities of the Ministry of Public Security

1. Take the lead and coordinate with the Ministry of Defense, the Ministry of Foreign Affairs, and related ministries and sectors in drafting, promulgating, or submitting to competent authorities for promulgation normative legal documents on the exit and entry of Vietnamese citizens, the National Database on Exit and Entry of Vietnamese Citizens; guide the implementation of temporary suspension, extension, and cancellation of temporary suspension of exit.

2. Take the lead and coordinate with the Ministry of Foreign Affairs to stipulate procedures for collecting fingerprints from applicants for diplomatic passports, official passports, and ordinary passports with embedded chips; provide specific guidance on procedures for issuing, recalling, and invalidating ordinary passports.

3. Issue models of exit-entry documents and other related documents according to this Law after consultation with related ministries and sectors; print, manage, and supply exit-entry documents for issuance to citizens.

4. Organize the issuance of ordinary passports, travel documents, and inspection and control of exit and entry at border gates managed by the Ministry of Public Security.

5. Take the lead and coordinate with relevant ministries and agencies in building, managing, collecting, updating, and exploiting the National Database on Exit and Entry of Vietnamese Citizens; build and manage an information system for receiving, storing, and exploiting digital certificates to serve the issuance and management of chip-embedded passports, connected to the International Civil Aviation Organization for verification and control of chip-embedded passports.

6. Take the lead and coordinate with ministries, sectors, and localities in building, promoting, disseminating, and educating the law on the exit and entry of Vietnamese citizens.

7. Equip means, train, and instruct personnel engaged in managing the National Database on Exit and Entry of Vietnamese Citizens.

8. Take the lead and coordinate with the Ministry of Defense to stipulate the control of exit and entry at border gates as prescribed by this Law.

9. Conduct inspections, checks, resolve complaints and denunciations, and handle violations of the law on the exit and entry of Vietnamese citizens.

11. Provide the Ministry of Defense with information and materials about individuals and organizations violating regulations on the exit and entry of Vietnamese citizens to serve the control of exit and entry.

Article 46. Responsibilities of the Ministry of Foreign Affairs

1. Coordinate with the Ministry of Public Security and the Ministry of National Defense in drafting legal normative documents on exit and entry of Vietnamese citizens, the national database on exit and entry of Vietnamese citizens.

2. Take the lead and coordinate with the Ministry of Public Security to provide detailed guidance on the procedures for issuing, extending, revoking, and invalidating diplomatic passports and official passports issued by Consular Agencies of the Ministry of Foreign Affairs, Vietnamese representative offices abroad, and agencies authorized by the Ministry of Foreign Affairs; coordinate with the Ministry of Public Security to provide detailed guidance on the procedures for issuing, revoking, and invalidating ordinary passports at Vietnamese representative offices abroad.

3. Organize the issuance, extension, and invalidation of diplomatic passports and official passports for Vietnamese citizens within the country.

4. Take the lead and coordinate with the Ministry of Public Security to introduce sample travel documents for foreign competent authorities.

5. Coordinate with the Ministry of Public Security to build, collect, update, and exploit the national database on exit and entry of Vietnamese citizens; provide the Ministry of Public Security with identification information of individuals authorized to issue travel documents under the Ministry of Foreign Affairs and Vietnamese representative offices abroad.

6. Inspect, examine, and resolve complaints and denunciations regarding the exit and entry of Vietnamese citizens.

Article 47. Responsibilities of the Ministry of National Defense

1. Coordinate with the Ministry of Public Security and the Ministry of Foreign Affairs in drafting legal normative documents on exit and entry of Vietnamese citizens, the national database on exit and entry of Vietnamese citizens.

2. Take the lead and coordinate with the Ministry of Public Security to provide detailed guidance on the procedures for controlling exit and entry at border gates managed by the Ministry of National Defense.

3. Control exit and entry at border gates managed by the Ministry of National Defense.

4. Examine, resolve complaints and denunciations, and handle violations of laws on the exit and entry of Vietnamese citizens at border gates within its jurisdiction.

5. Coordinate with the Ministry of Public Security to build, collect, update, and exploit the national database on exit and entry of Vietnamese citizens; provide the Ministry of Public Security with information and documents about individuals and organizations violating regulations on the exit and entry of Vietnamese citizens.

6. Coordinate with the Ministry of Foreign Affairs and the Ministry of Public Security in signing international treaties related to the exit and entry of Vietnamese citizens.

Article 48. Responsibilities of Vietnamese Representative Offices Abroad

1. Implement the issuance, extension, revocation, and invalidation of travel documents in accordance with this Law.

2. Coordinate with the Exit and Entry Management Agency of the Ministry of Public Security in collecting, updating, and exploiting the national database on exit and entry of Vietnamese citizens; notify in writing the Exit and Entry Management Agency of the Ministry of Public Security and the Consular Agency of the Ministry of Foreign Affairs of identification information of individuals authorized to issue travel documents; if not connected to the national database on exit and entry of Vietnamese citizens, supplement the list of individuals issued, extended, revoked, and invalidated travel documents.

Article 49. Responsibilities of the Government Cryptographic Board

3. Cooperating with the Ministry of Public Security to build an information system for receiving, storing, and exploiting digital certificates for the issuance and management of electronic chip passports, which is connected to the International Civil Aviation Organization for verification and control of electronic chip passports.

Article 50. Responsibilities of related agencies and organizations

1. Ministries, ministerial-level agencies, provincial People's Committees cooperate with the Ministry of Public Security to implement state management over the departure and entry of Vietnamese citizens in accordance with the provisions of the law.

2. Central ministries and sectors, provincial People's Committees promulgate regulations on managing cadres, civil servants, officers, professional military personnel in the Vietnam People's Army, the Vietnam People's Public Security Force, and personnel engaged in cryptographic work within their jurisdiction in activities of departure and entry.

3. Agencies and organizations directly managing cadres, civil servants, officers, professional military personnel in the Vietnam People's Army, the Vietnam People's Public Security Force, and personnel engaged in cryptographic work in cryptographic organizations shall implement the laws on the departure and entry of Vietnamese citizens and the regulations stipulated in Clause 2 of this Article.

Chapter VIII

IMPLEMENTING PROVISIONS

Article 51. Effective Date

This Law takes effect from July 1, 2020.

Article 52. Transitional Provisions

Travel documents issued before the date this Law comes into effect remain valid until their expiration date as indicated on the travel documents.

This Law was adopted by the National Assembly of the Socialist Republic of Vietnam, the fourteenth session, eighth meeting, on November 22, 2019.