Decision No. 58/2012/QĐ-TTg On the use and management of diplomatic passports and official passports

Pursuant to …;

On the use and management of diplomatic passports and official passports

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Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to Decree No. 136/2007/NĐ-CP dated August 17, 2007 of the Government on exit and entry of Vietnamese citizens;

Pursuant to Decree No. 65/2012/NĐ-CP dated September 6, 2012 of the Government, amending and supplementing some articles of Decree No. 136/2007/NĐ-CP dated August 17, 2007 of the Government on exit and entry of Vietnamese citizens;

Pursuant to Resolution No. 50/NQ-CP dated December 10, 2010 of the Government on simplifying administrative procedures within the scope of functions managed by the Ministry of Foreign Affairs;

At the proposal of the Minister of Foreign Affairs;

The Prime Minister issues this Decision on the use and management of diplomatic passports and official passports,

Article 1. Scope of Regulation

This Decision stipulates the use and management of diplomatic passports and official passports (hereinafter referred to collectively as passports) both domestically and abroad.

Article 2. Applicability

This Decision applies to:

1. Persons who are issued diplomatic passports and official passports in accordance with Decree No. 136/2007/NĐ-CP dated August 17, 2007 of the Government on exit and entry of Vietnamese citizens (hereinafter referred to as Decree 136) and Decree No. 65/2012/NĐ-CP dated September 6, 2012 of the Government amending and supplementing some articles of Decree No. 136 (hereinafter referred to as Decree 65).

2. State agencies authorized to dispatch officials, civil servants, officers, and professional military personnel of the Vietnam People's Army and the Vietnam People's Public Security to work abroad in accordance with Article 32 of Decree 136, amended and supplemented in accordance with Clause 9, Article 1 of Decree 65 (hereinafter referred to as the competent agency).

3. Agencies directly responsible for managing diplomatic passports and official passports of officials, civil servants, officers, and professional military personnel of the Vietnam People's Army and the Vietnam People's Public Security (hereinafter referred to as passport management agencies).

4. Agencies issuing diplomatic passports and official passports under the Ministry of Foreign Affairs.

5. Diplomatic missions, consular offices, or other agencies authorized to perform consular functions of Vietnam abroad (hereinafter referred to as Vietnamese representative offices abroad).

Article 3. Principles of Passport Use and Management

1. Passports are assets of the Socialist Republic of Vietnam. The use and management of passports must be carried out in accordance with this Decision and relevant laws. The use of passports shall not cause damage to the reputation and interests of the Socialist Republic of Vietnam.

2. Persons who misuse or mismanage passports shall be subject to disciplinary action, administrative penalties, or criminal prosecution depending on the nature and severity of the violation.

Article 4. Responsibilities of Passport Holders

1. Shall be responsible for keeping and preserving passports in accordance with Article 13 of Decree 136.

2. Shall only use one type of valid passport for each overseas mission trip in accordance with the dispatch decision and the nature of the work to be performed abroad, except in special cases as guided by the Ministry of Foreign Affairs.

3. Shall report the loss of a passport in accordance with Clause 2, Article 13 of Decree 136.

4. Within five working days from the date of re-entry into Vietnam after completing the overseas mission, shall return the passport to the passport management agency, except in cases of legitimate reasons decided by the head of the passport management agency.

5. When changing workplaces, shall report to the passport management agencies at the place of transfer out and transfer in so that these agencies can manage the passports in accordance with this Decision.

6. Shall not use diplomatic passports or official passports to travel abroad for personal purposes.

Article 5. Responsibilities of passport management agencies

1. Manage passports of officials, civil servants, officers, and professional soldiers in the People's Army and People's Public Security under their jurisdiction, including the following tasks:

a) Maintain a record of passport issuance and receipt, and ensure absolute security for passports when stored at the passport management agency, preventing loss, moisture, damage, or non-functionality.

b) Hand over passports to officials and civil servants who have been assigned to work abroad based on a decision. The handover of passports must be acknowledged in writing. If the passport has less than six months remaining validity, inform the holder to proactively request an extension or new passport.

c) Transfer passports to the new passport management agency when the passport holder is transferred to another position.

d) Report in writing to the supervising agency about the passport holder intentionally failing to return the passport to the passport management agency upon re-entry into the country and take timely measures to recover the passport.

đ) Immediately report in writing to the passport issuing agency under the Ministry of Foreign Affairs (Consular Department or Ho Chi Minh City Department of Foreign Affairs) and the Exit-Entry Management Department of the Ministry of Public Security regarding lost or damaged passports managed by their agency.

e) Transfer to the passport issuing agency under the Ministry of Foreign Affairs to invalidate the passports of individuals no longer eligible to use them, including those who have retired, resigned, completed their term, left the payroll, died, or gone missing.

g) Report to the supervising agency to handle violations related to the use and management of passports not in accordance with this Decision.

2. Passport management agencies of individuals specified from Clause 1 to Clause 8 of Article 6 of Decree 136 amended and supplemented according to Clause 3 of Article 1 of Decree 65 must collect and manage the passports of spouses accompanying these individuals on official trips (if applicable) in accordance with this Decision.

3. Agencies authorized to manage passports that violate the provisions of this Decision may have their authorization limited or revoked.

Article 6. Responsibilities of supervising agencies

1. Issue regulations on passport management within their own agencies in accordance with this Decision.

2. Directly or authorize subordinate agencies to implement passport management in accordance with this Decision; notify the Ministry of Foreign Affairs of the name of the authorized agency, the content, and duration of the authorization.

3. Directly or cooperate with the Ministry of Foreign Affairs and other relevant agencies to handle violations in the use and management of passports.

Article 7. Responsibilities of related agencies

1. The Ministry of Foreign Affairs is responsible for:

a) Providing guidance and coordinating with relevant functional agencies to implement passport management and usage as stipulated in this Decision.

b) Managing passports of officials and civil servants under its own agency, individuals assigned to work on a term basis at overseas Vietnamese representative offices, and accompanying persons as specified in Clause 11 of Article 6 and Clause 4 of Article 7 of Decree 136.

c) Cooperate with supervising agencies to handle cases of incorrect issuance and misuse of passports.

d) Refuse to issue, extend passports, and issue letters of recommendation requesting foreign countries to issue visas for cases violating Article 4 of this Decision.

đ) Notify the Ministry of Public Security and the Ministry of National Defense about expired passports.

e) Timely report to the Prime Minister on issues arising in the use and management of diplomatic and official passports, as well as on the consideration of penalties for violations by passport management agencies and agencies authorized to send officials and civil servants abroad as stipulated in Clause 9 of Article 1 of Decree 65.

2. The Ministry of Public Security and the Ministry of National Defense shall notify the Ministry of Foreign Affairs and supervising agencies if they discover cases of improper use of passports as prescribed.

3. Overseas Vietnamese representative offices shall notify the Ministry of Foreign Affairs and supervising agencies if they discover violations by passport holders abroad; refuse to issue, extend passports, and issue letters of recommendation requesting foreign countries to issue visas for cases violating Article 4 of this Decision.

Article 8. Implementation clause

1. This Decision takes effect from March 1, 2013.

2. Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial and centrally-administered city People's Committees, and Heads of related agencies are responsible for implementing this Decision./.