Decree No. 64/2015/NĐ-CP on the mechanism for coordination among Ministries, ministerial-level agencies, and provincial People's Committees in the management of entry, exit, transit, and residence of foreigners in Vietnam.

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

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

At the proposal of the Minister of Public Security,

The Government issues this Decree to regulate the mechanism for coordination among ministries, agencies equivalent to ministries, provincial people's committees under the central government in the work of managing entry, exit, transit, and residence of foreigners in Vietnam.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the principles, contents, forms of coordination, and responsibilities for implementation by ministries, agencies equivalent to ministries, and provincial people's committees under the central government in the work of managing entry, exit, transit, and residence of foreigners in Vietnam.

Article 2. Applicability

This Decree applies to ministries, agencies equivalent to ministries, and provincial people's committees under the central government.

Article 3. Principles of Cooperation

1. Adhere to the provisions of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam and related legal documents.

2. Ensure proactivity, regularity, strictness, timeliness, and create favorable conditions for foreigners to enter, exit, transit, and reside in Vietnam in accordance with the law.

3. Ensure centralized and unified direction and management without overlap, based on the principle that the Ministry of Public Security is responsible for state management over the entry, exit, transit, and residence of foreigners in Vietnam; other ministries and agencies equivalent to ministries shall cooperate according to their functions, tasks, authorities, and organizational structures; provincial people's committees (hereinafter referred to as provincial people's committees) shall be responsible for organizing unified implementation at the local level in accordance with the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam and guidelines from the Ministry of Public Security.

4. Not affect the functions, tasks, and professional activities of relevant agencies.

1. Issuing joint documents between the President of the Supreme People's Court and the Minister of National Defense.

1. Exchange opinions and provide information in writing upon request of the leading agency and coordinating agencies.

2. Through regular and ad hoc inter-ministerial meetings.

3. Through mid-term and final review conferences.

4. Through inspections and checks conducted by inter-ministerial working groups led by the Ministry of Public Security.

5. Through cooperation regulations between ministries and sectors as prescribed by the Government.

6. Other forms.

Chapter II

CONTENTS AND RESPONSIBILITIES FOR COORDINATION

Article 5. Coordination in drafting and promulgating regulatory legal documents

1. The Ministry of Public Security is responsible for leading and coordinating with ministries, agencies equivalent to ministries, and provincial people's committees in drafting and submitting to competent authorities for issuance or issuing within its authority regulatory legal documents concerning the entry, exit, transit, and residence of foreigners in Vietnam.

2. Ministries, agencies equivalent to ministries, and provincial people's committees shall exchange with the Ministry of Public Security before submitting to competent authorities for issuance or issuing within their authority regulatory legal documents containing content related to the entry, exit, transit, and residence of foreigners in Vietnam.

Article 6. Coordination in implementing laws on the entry, exit, transit, and residence of foreigners in Vietnam

1. Responsibilities of the Ministry of Public Security:

a) Exchange and notify the Ministry of Foreign Affairs, the Ministry of National Defense, relevant ministries, and provincial people's committees of policies and measures for managing the entry, exit, transit, and residence of foreigners in Vietnam;

b) Provide the Ministry of Foreign Affairs with samples of international travel documents issued by the Ministry of Public Security to stateless persons residing in Vietnam for notification to other countries;

c) Decide whether to approve or not approve international travel documents issued by competent authorities of foreign countries to stateless persons residing in those countries and exchange with the Ministry of Foreign Affairs to respond to other countries regarding such decisions;

d) Coordinate with functional agencies of ministries, agencies equivalent to ministries, and provincial people's committees to organize training sessions on the management of the entry, exit, transit, and residence of foreigners in Vietnam for organizations and individuals involved in handling procedures for the entry, exit, transit, and residence of foreigners in Vietnam.

2. The Ministry of Foreign Affairs is responsible for:

a) Notifying competent authorities of foreign countries of samples of international travel documents issued by Vietnam for stateless persons residing in Vietnam;

b) Receiving samples of international travel documents issued by competent authorities of foreign countries for stateless persons residing in those countries and requesting the Ministry of Public Security for comments to respond to foreign countries regarding approval or non-approval for the entry, exit, transit, and residence in Vietnam of the person holding the document.

3. The Ministry of Health, the Ministry of Agriculture and Rural Development, the Ministry of Public Security, and the Ministry of National Defense shall guide subordinate agencies to implement the provisions of the law on the entry, exit, transit, and residence of foreigners in Vietnam according to their functions and tasks.

4. Provincial people's committees shall issue regulations on coordination among departments and sectors under their jurisdiction in managing foreigners' residence and activities in their locality.

5. Ministries, agencies equivalent to ministries, and provincial people's committees shall issue guiding documents in accordance with Clause 3 and Clause 4 of this Article which must comply with the provisions of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam and this Decree.

6. The Minister of Health, the Minister of Agriculture and Rural Development, the Minister of Public Security, and the Minister of National Defense shall direct functional agencies to promptly send notifications of decisions not to allow entry, release from detention not to allow entry, and forced departure of foreigners specified in Clause 1, Clause 2, Clause 3, and Clause 4 of Article 22 and Point b of Clause 2 of Article 30 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam to the immigration management agency for coordinated implementation.

Article 7. Coordination in issuing documents for foreigners entering, exiting, and residing

1. The Ministry of Public Security shall instruct the immigration management agency to notify the border control units under the Ministry of National Defense about the information on foreign individuals who have been granted visas at international border gates managed by the Ministry of National Defense before they arrive at the gate.

2. The Ministry of Foreign Affairs shall instruct the competent agencies of the Ministry of Foreign Affairs to transfer the list of individuals granted temporary residence cards as stipulated in Clause 1, Article 36 of the Law on Entry into, Exit from, Transit through, and Residence of Foreigners in Vietnam to the immigration management agency within five working days from the date of issuance.

3. The Ministry of Foreign Affairs shall instruct the visa-issuing agencies of Vietnam abroad; the Ministry of National Defense shall instruct the border control units under the Ministry of National Defense during the process of issuing visas, if they discover complex issues related to national security or defense or signs of document forgery, then they shall not issue visas and exchange with the immigration management agency to reach consensus on issuing visas.

4. The Ministry of Public Security shall instruct the immigration management agency to notify the visa-issuing agencies of Vietnam abroad and the border control units within one working day to refuse to issue visas or revoke and cancel visas already issued for cases of document forgery to obtain visa approval or when complex issues related to national security or defense are discovered after approval.

Article 8. Coordination in the work of controlling entry, exit, and transit of foreigners

1. The Ministry of Public Security shall be responsible for exchanging and providing to the Ministry of National Defense:

a) Information and materials serving the work of border control at border gates;

b) Lists and data of foreigners prohibited from entry or temporarily suspended from exit;

c) Samples of entry and exit stamps and temporary residence certificates;

d) Lists and data of passports or travel documents of foreigners in Vietnam that have been lost or invalidated.

2. The Ministry of National Defense shall be responsible for exchanging and providing to the Ministry of Public Security:

a) Situations of foreigners entering, exiting, and transiting; foreigners violating laws or suspicious and complex cases at border gates managed by the Ministry of National Defense;

b) Personnel information of foreigners entering and exiting through border gates managed by the Ministry of National Defense;

c) Samples of entry and exit stamps and temporary residence certificates issued to inspectors and inspector codes at border control units under the Ministry of National Defense.

3. The Ministry of National Defense shall take the lead and coordinate with the Ministry of Public Security to organize training for inspectors at border control units under the Ministry of National Defense when new legal documents or guidelines related to border management and control are issued.

Article 9. Coordination in the work of managing residence of foreigners in Vietnam

1. Ministries, ministerial-level agencies, provincial People's Committees shall coordinate with the immigration management agency in exchanging information on visa issuance, investment registration certificates, work permits, practice licenses; instruct inviting and sponsoring organizations to cooperate with accommodation facilities to implement temporary residence declarations of foreigners according to Articles 33 and 34 of the Law on Entry into, Exit from, Transit through, and Residence of Foreigners in Vietnam; coordinate with competent authorities to resolve arising issues; within twelve hours from the time of discovering accidents or deaths of foreigners, they must exchange with the competent authority of the Ministry of Foreign Affairs to inform the diplomatic mission of the country of which the individual is a citizen.

2. The Ministry of Foreign Affairs shall instruct the competent authority to transfer information on temporary residence declarations of foreigners registered with the Ministry of Foreign Affairs to the immigration management agency of the provincial police within twelve hours from the time of temporary residence registration by foreigners.

3. Provincial People's Committees shall instruct the competent authority to closely coordinate with the immigration management agency of the provincial police to manage the residence of foreigners in their locality.

Article 10. Coordination in inspection, examination, handling complaints and reports related to the management of entry, exit, transit, and residence of foreigners in Vietnam

1. The Inspectorate under the Ministry, the agency at the ministerial level, the Inspectorate of provinces and centrally governed cities shall coordinate with the Inspectorate of the Ministry of Public Security to conduct inspections on the implementation and compliance with legal regulations regarding the entry, exit, transit, and residence of foreigners by agencies, units, and individuals under their jurisdiction.

2. The Inspectorate of the Ministry of Public Security shall coordinate with the Inspectorate of the Ministry of Labor, Invalids and Social Affairs to inspect and examine the implementation of legal regulations concerning the management of foreign labor working in enterprises and organizations that employ foreign workers.

3. The Ministry of Public Security shall take the lead and coordinate with other ministries, agencies at the ministerial level, and provincial People's Committees to unify plans for inspecting agencies, units, and individuals in the implementation of legal regulations regarding the entry, exit, transit, and residence of foreigners in Vietnam.

4. Handling complaints and reports about the entry, exit, transit, and residence of foreigners in Vietnam shall be carried out in accordance with the provisions of the Law on Complaints and the Law on Reports.

Article 11. Coordination in handling violations of laws on entry, exit, transit, and residence of foreigners in Vietnam

1. For cases of violation of laws on entry, exit, transit, and residence of foreigners discovered by border control units under the Ministry of National Defense, they shall be handled within the scope of authority; if there are complex circumstances, coordination with the immigration management agency for joint handling shall be conducted.

2. In cases where foreigners violate laws on entry, exit, transit, and residence in Vietnam but fall under the category of privileges or immunities, such cases shall be handled in accordance with the provisions of the law on privileges and immunities granted to diplomatic missions, consular posts, and representative offices of international organizations in Vietnam.

3. The Ministry of Public Security, the Ministry of Foreign Affairs, and the Ministry of National Defense shall direct competent agencies to promptly notify relevant agencies, provincial People's Committees, and immigration management agencies about methods and tricks of violating laws in the field of entry, exit, transit, and residence of foreigners in Vietnam to proactively coordinate in prevention, detection, and handling.

Article 12. Coordination in issuing and using forms of documents related to entry, exit, and residence of foreigners in Vietnam

1. Responsibilities of the Ministry of Public Security:

a) Solicit opinions from the Ministry of Foreign Affairs and the Ministry of National Defense before issuing forms of documents related to the entry, exit, and residence of foreigners in Vietnam, entry and exit stamps, temporary residence certificates;

b) Print and provide blank forms to the Ministry of Foreign Affairs and the Ministry of National Defense to serve the issuance of documents with entry, exit, and residence validity in Vietnam.

2. The Ministry of Foreign Affairs and the Ministry of National Defense shall have the responsibility:

a) To use blank forms provided by the Ministry of Public Security to issue to foreigners for entry, exit, and residence in Vietnam; annually estimate the quantity of blank forms to request the Ministry of Public Security to provide and settle printing costs according to regulations;

b) To guide domestic and foreign agencies, organizations, and individuals on the use of forms of documents related to the entry, exit, and residence of foreigners in Vietnam issued by the Ministry of Public Security.

Article 13. Coordination in State Statistics on Entry, Exit, Transit, and Residence of Foreign Nationals in Vietnam

1. The Ministry of Public Security shall direct immigration management agencies to conduct State statistics on entry, exit, and residence of foreign nationals in Vietnam and submit statistical data to the General Statistics Office (Ministry of Planning and Investment) in accordance with regulations.

2. The Ministry of Foreign Affairs shall direct competent agencies to conduct statistics on visa issuance at visa-issuing authorities under the Ministry of Foreign Affairs within the country and SQ-marked visas issued at visa-issuing authorities of Vietnam abroad; report periodically every three months to the immigration management agency.

3. The Ministry of National Defense shall direct competent agencies to conduct statistics on visa issuance, foreign nationals expelled, ordered to leave the country, or not meeting conditions for entry at border gates managed by the Ministry of National Defense and report periodically every three months to the immigration management agency.

4. Ministries and ministerial-level agencies shall direct competent agencies to conduct statistics on foreign nationals working with subordinate organizations at the request of the Ministry of Public Security.

5. Provincial People's Committees shall direct competent agencies to conduct statistics on foreign nationals working with subordinate organizations and residing in the locality at the request of the Ministry of Public Security.

Article 14. Coordination in the Dissemination and Legal Education on Entry, Exit, Transit, and Residence of Foreign Nationals in Vietnam

1. The Ministry of Public Security shall take the lead and coordinate with the Ministry of Foreign Affairs, the Ministry of National Defense, the Ministry of Justice, the Ministry of Information and Communications, and related agencies to organize the dissemination and popularization of laws on entry, exit, transit, and residence of foreign nationals in Vietnam both domestically and internationally.

2. Provincial People's Committees shall direct competent agencies to cooperate with immigration management agencies to disseminate and educate laws on entry, exit, transit, and residence of foreign nationals to relevant agencies, organizations, and individuals in the locality.

Chapter III

IMPLEMENTING PROVISIONS

Article 15. Effective Date

This Decree takes effect from October 15, 2015.

Article 16. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government agencies, and Chairpersons of provincial and centrally-administered city People's Committees are responsible for implementing this Decree./.