Decree No. 65/2012/ND-CP Amending and supplementing certain articles of Decree No. 136/2007/ND-CP dated August 17, 2007 on exit and entry of Vietnamese citizens

DECREE

AMENDING AND SUPPLEMENTING SOME PROVISIONS OF DECREE NO. 136/2007/NĐ-CP

ON EXIT AND ENTRY OF VIETNAMESE CITIZENS

_________________________

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

WHEREAS, Resolution No. 61/NQ-CP dated December 17, 2010 of the Government on simplifying administrative procedures within the scope of management functions of the Ministry of Public Security;

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

WHEREAS, Resolution No. 45/NQ-CP dated November 16, 2010 of the Government on simplifying administrative procedures within the scope of management functions of the Ministry of Transport;

The Government promulgates this Decree on regulations regarding entry, exit, and residence policies for foreigners at the International Financial Center in Vietnam.

THE GOVERNMENT ISSUES THE DECREE AMENDING AND SUPPLEMENTING SOME PROVISIONS OF DECREE NO. 136/2007/NĐ-CP ON EXIT AND ENTRY OF VIETNAMESE CITIZENS (HEREINAFTER REFERRED TO AS DECREE NO. 136/2007/NĐ-CP),

- Diplomatic passports and official passports have a validity not exceeding five years from the date of issuance. Diplomatic passports and official passports with less than one year remaining validity may be extended once, with a maximum duration not exceeding three years; when they expire, new procedures for issuance must be followed.

- Ordinary passports have a validity not exceeding ten years from the date of issuance and cannot be extended. If ordinary passports are still valid, they can be renewed; when they expire, new procedures for issuance must be followed.

a) AMEND AND SUPPLEMENT POINT a CLAUSE 2 AS FOLLOWS:

"NATIONAL PASSPORT:

- DIPLOMATIC PASSPORTS AND SERVICE PASSPORTS HAVE A VALIDITY PERIOD NOT EXCEEDING 5 YEARS FROM THE DATE OF ISSUE. DIPLOMATIC PASSPORTS AND SERVICE PASSPORTS WITH LESS THAN 6 MONTHS REMAINING VALIDITY MAY BE EXTENDED ONCE, WITH A MAXIMUM PERIOD OF 3 YEARS; WHEN EXPIRED, NEW APPLICATION PROCEDURES MUST BE FOLLOWED.

- Seaman's passports have a validity not exceeding ten years from the date of issuance and cannot be extended. If seaman's passports are still valid, they can be renewed; when they expire, new procedures for issuance must be followed."

- THE VALIDITY PERIOD OF NATIONAL PASSPORTS ISSUED TO CHILDREN UNDER 14 YEARS OLD OR ISSUED TO ADULTS ACCOMPANYING CHILDREN UNDER 9 YEARS OLD SHALL BE IN ACCORDANCE WITH THE PROVISIONS OF CLAUSE 2, ARTICLE 1 OF THIS DECREE."

b) AMEND AND SUPPLEMENT POINT b CLAUSE 2 AS FOLLOWS:

"b. OTHER DOCUMENTS:

...

3. Children under 9 years old may be included in the ordinary passports of their father or mother if requested by the parent. In such cases, the passport has a validity not exceeding five years from the date of issuance and cannot be extended.

4. Diplomatic passports issued to children under 18 years old of individuals specified in Clause 10, Article 6 of this Decision and official passports issued to children under 18 years old of staff at overseas representative offices of Vietnam, state news agencies, and journalists permanently residing abroad as specified in Clause 4, Article 7 of this Decision shall have a validity from one to five years from the date of issuance until the child reaches 18 years old and cannot be extended.

"Article 5.

5. Diplomatic passports and official passports shall not be issued to individuals specified in Articles 6 and 7 of this Decision when they are sent abroad for study for more than six months."

3. Article 6 regarding the subjects eligible for diplomatic passports shall be amended and supplemented as follows:

3. CHILDREN UNDER 9 YEARS OLD MAY BE ISSUED A JOINT PASSPORT WITH THEIR PARENTS' ORDINARY PASSPORT UPON REQUEST OF THE PARENTS. IN SUCH CASE, THE PASSPORT SHALL HAVE A VALIDITY PERIOD NOT EXCEEDING 5 YEARS FROM THE DATE OF ISSUE AND SHALL NOT BE EXTENDED.

4. DIPLOMATIC PASSPORTS ISSUED TO CHILDREN UNDER 18 YEARS OLD OF PERSONS FALLING WITHIN THE SCOPE PROVIDED FOR IN CLAUSE 9, ARTICLE 6 OF DECREE NO. 136/2007/NĐ-CP AND SERVICE PASSPORTS ISSUED TO CHILDREN UNDER 18 YEARS OLD OF STAFF OF OVERSEAS REPRESENTATIVE BODIES OF VIETNAM, STATE NEWS AGENCIES AND MEDIA RESIDENT ABROAD AS PROVIDED FOR IN CLAUSE 4, ARTICLE 1 OF THIS DECREE SHALL HAVE A VALIDITY PERIOD OF 1 TO 5 YEARS FROM THE DATE OF ISSUE UNTIL THE CHILD REACHES 18 YEARS OF AGE AND SHALL NOT BE EXTENDED.

5. DIPLOMATIC PASSPORTS AND SERVICE PASSPORTS SHALL NOT BE ISSUED TO OFFICERS, EMPLOYEES, MILITARY OFFICERS, AND FULL-TIME MILITARY PERSONNEL OF THE PEOPLE'S ARMED FORCES AND PUBLIC SECURITY FOR STUDY ABROAD FOR MORE THAN 6 MONTHS."

- Former General Secretaries, Members of the Politburo, Central Committee Secretaries;

a) ADD CLAUSE 1 AS FOLLOWS:

"1. MEMBERS OF THE VIETNAM COMMUNIST PARTY:

...

- ASSISTANT TO MEMBER OF THE POLITBUREAU."

b) Amend and supplement Clause 4 as follows:

"4. MEMBERS OF THE GOVERNMENT:

...

- DIRECTOR OF GENERAL DEPARTMENT AND EQUIVALENT RANK (WITH A POSITION COEFFICIENT OF 1.25 OR HIGHER); MILITARY OFFICERS WITH RANKS OF MAJOR GENERAL OR ABOVE IN THE PEOPLE'S ARMY OF VIETNAM AND THE PUBLIC SECURITY FORCE."

4. Article 7 regarding the subjects eligible for issuance of official passports is amended and supplemented as follows:

"ARTICLE 7. SERVICE PASSPORTS SHALL BE ISSUED TO VIETNAMESE CITIZENS FALLING WITHIN THE FOLLOWING CATEGORIES, WHO ARE SENT OR PERMITTED BY AUTHORITIES AS PROVIDED FOR IN CLAUSE 9, ARTICLE 1 OF THIS DECREE TO TRAVEL ABROAD TO PERFORM TASKS WITHIN THE SCOPE OF FUNCTIONS OF SUCH AUTHORITIES:

1. OFFICERS AND EMPLOYEES IN THE ESTABLISHED STAFF, RECEIVING SALARIES FROM THE STATE BUDGET OR GUARANTEED FROM THE FUNDS OF PUBLIC SERVICE UNITS ACCORDING TO THE LAW, WORKING AT THE FOLLOWING ORGANIZATIONS:

a) Belonging to the Communist Party of Vietnam:

- Central Party Committee Secretariat;

- Central Party bodies;

- Central Party Office;

- Provincial Party Committees, Municipal Party Committees at the central level; County Party Committees, District Party Committees, City Party Committees, and Municipal Party Committees at the provincial level.

b) Under the National Assembly:

- Standing Committee of the National Assembly;

- National Assembly's Ethnic Council;

- National Assembly Committees;

- Committees and Institutes of the Standing Committee of the National Assembly;

- National Assembly's Office;

- State Audit Office.

c) OFFICE

d) Belonging to the Government:

Ministries, agencies equivalent to ministries, and government agencies and other organizations established by the Government or the Prime Minister.

d) PEOPLE'S COURTS AT ALL LEVELS (CENTRAL, PROVINCIAL, DISTRICT),

e) People's Procuratorates at all levels (central, provincial, district).

g) Belonging to local state agencies:

- Office of Delegations of the National Assembly;

- Provincial People's Councils, District People's Councils;

- Provincial People's Committees, District People's Committees.

h) OFFICIALS IN QUANTRY OF THE PEOPLE'S ARMY OF VIETNAM AND THE PUBLIC SECURITY FORCE.

i) OFFICIALS IN CENTRAL, PROVINCIAL, AND DISTRICT LEVEL POLITICAL AND SOCIAL ORGANIZATIONS:

- Vietnam Fatherland Front Central Committee;

- Vietnam General Confederation of Labor;

- Vietnam Farmers' Association;

- Ho Chi Minh Communist Youth Union Central Committee;

- Vietnam Women's Union;

- ASSOCIATION OF VETERANS OF VIETNAM.

k) LEADERS AND MANAGERS IN THE MANAGEMENT STRUCTURE OF PUBLIC SERVICE UNITS:

- HEADS AND DEPUTY HEADS OF HEADS; HOLDERS OF MANAGEMENT POSITIONS AT THE DEPARTMENT (SECTION, DEPARTMENT) LEVEL IN ORGANIZATIONS ESTABLISHED AND MANAGED BY AUTHORIZED AUTHORITIES OF THE PARTY, STATE ORGANIZATIONS, AND POLITICAL AND SOCIAL ORGANIZATIONS ACCORDING TO THE LAW, WITH LEGAL PERSONALITY, SEALS, ACCOUNTS, ACTIVITIES IN EDUCATION, TRAINING, HEALTH, SCIENTIFIC RESEARCH, CULTURE, SPORTS, TOURISM, LABOR, WAR INVALIDS AND SOCIAL AFFAIRS, INFORMATION AND COMMUNICATION, AND OTHER PUBLIC SERVICE SECTORS AS PROVIDED FOR BY LAW;

- HEADS AND DEPUTY HEADS OF HEADS; HOLDERS OF CHIEF AND DEPUTY CHIEF POSITIONS IN PUBLIC SERVICE UNITS UNDER THE SECRETARIAT OF THE PARTY CENTRAL COMMITTEE, THE SECRETARIAT OF THE PARTY, THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY, THE GOVERNMENT;

- HEADS AND DEPUTY HEADS OF PUBLIC SERVICE UNITS FUNDED BY THE STATE BUDGET UNDER THE BODIES AND EQUIVALENT BODIES OF THE CENTRAL PARTY, THE OFFICE OF THE PRESIDENT, THE NATIONAL ASSEMBLY OFFICE, THE NATIONAL AUDIT OFFICE, THE SUPREME PEOPLE'S COURT, THE SUPREME PROSECUTION OFFICE, THE CENTRAL BODIES OF POLITICAL AND SOCIAL ORGANIZATIONS, MINISTRIES, MINISTRY-EQUIVALENT BODIES, AND GOVERNMENT BODIES, THE PRIME MINISTER;

- HEADS OF PUBLIC SERVICE UNITS FUNDED BY THE STATE BUDGET UNDER THE DIRECTORATES, BUREAUS, AND EQUIVALENT BODIES UNDER MINISTRIES, MINISTRY-EQUIVALENT BODIES; PROVINCE COMMITTEES, CITY COMMITTEES; PROVINCIAL PEOPLE'S COMMITTEES; PROVINCIAL POLITICAL AND SOCIAL ORGANIZATIONS; COUNTY COMMITTEES, DISTRICT COMMITTEES, CITY COMMITTEES UNDER PROVINCE COMMITTEES; SPECIALIZED BODIES UNDER PROVINCIAL PEOPLE'S COMMITTEES, SPECIALIZED BODIES UNDER DISTRICT PEOPLE'S COMMITTEES;

- Those holding positions tied to state management tasks in public institutions tasked with performing state management duties.

2. Officers and professional soldiers in the Vietnam People's Army and Vietnam People's Public Security Force.

3. STAFF OF OVERSEAS REPRESENTATIVE BODIES OF VIETNAM (DEFINED IN THE LAW ON VIETNAM'S OVERSEAS REPRESENTATIVE BODIES); STATE NEWS AGENCY AND MEDIA REPORTERS RESIDENT ABROAD.

4. Wives or husbands, and children under 18 years old accompanying or visiting the persons specified in Clause 3 of this Article during their term of service.

5. IN CASES OF NECESSITY, BASED ON THE REQUIREMENTS AND NATURE OF THE TRIP, THE MINISTER OF FOREIGN AFFAIRS SHALL ISSUE SERVICE PASSPORTS IN ACCORDANCE WITH THE GUIDANCE OF THE PRIME MINISTER OR APPROVE THE ISSUE OF SERVICE PASSPORTS UPON APPLICATION OF VIETNAM'S AUTHORITIES AS PROVIDED FOR IN CLAUSE 9, ARTICLE 1 OF THIS DECREE FOR PERSONS NOT FALLING WITHIN THE SCOPE PROVIDED FOR IN CLAUSES 1 TO 4 OF THIS ARTICLE.”

5. Article 14 concerning the application dossier for the issuance of diplomatic passports and official passports is amended and supplemented as follows:

"ARTICLE 14

1. VIETNAMESE CITIZENS CURRENTLY RESIDING IN VIETNAM WHO ARE ELIGIBLE FOR DIPLOMATIC PASSPORTS AND SERVICE PASSPORTS AS PROVIDED FOR IN ARTICLE 6 OF DECREE NO. 136/2007/NĐ-CP AND CLAUSES 3 AND 4 OF ARTICLE 1 OF THIS DECREE, WHEN APPLYING FOR DIPLOMATIC PASSPORTS AND SERVICE PASSPORTS, SHALL SUBMIT ONE SET OF APPLICATION FORMS TO THE CONSULAR DEPARTMENT OR THE FOREIGN AFFAIRS DEPARTMENT OF HO CHI MINH CITY (MINISTRY OF FOREIGN AFFAIRS) OR LOCAL FOREIGN AFFAIRS DEPARTMENTS OF PROVINCES AND CENTRALLY-GOVERNED CITIES IN ACCORDANCE WITH THE MINISTRY OF FOREIGN AFFAIRS REGULATIONS. THE APPLICATION FORMS SHALL INCLUDE:

- The application form for requesting issuance of diplomatic passports or public service passports (in accordance with the prescribed model).

- A document (in accordance with the prescribed model) from the competent authority mentioned in Clause 9, Article 1 of this Decree regarding dispatching or permitting to go abroad, clearly stating that the individual is a civil servant, officer within the state's establishment, receiving salary from the state budget or the public institution's payroll as stipulated by law.

- In cases where the person requesting the passport falls under the category of accompanying or visiting persons as specified in Clause 11, Article 6 of Decree No. 136/2007/NĐ-CP and Clause 4, Article 1 of this Decree, in addition to the application form and proof of belonging to the category of accompanying or visiting persons, they must also submit the decision or written opinion of the competent authority where they work (if applicable) and the decision or written opinion of the Ministry of Foreign Affairs.

If the applicant is a child under 18 years old as provided in Clause 2, Article 1 of this Decree, they must additionally submit a copy of the birth certificate and a copy of the identity card (for those who are at least 14 years old). These documents, if copies, must be presented with the original for verification and comparison.

2. When submitting the application documents, the applicant must pay the prescribed fee as regulated by the Ministry of Finance.

3. Time limit for considering the issuance of passports: The agency issuing diplomatic passports or public service passports shall provide the result to the applicant within no more than five working days from the date of receipt of the complete dossier. In case of not issuing the passport, the agency shall respond in writing to the applicant and specify the reasons.

6. Article 15 on the method of submitting applications for ordinary passport issuance shall be amended and supplemented as follows:

a) Supplement Point c Clause 1 on the place of submitting the dossier through delegation as follows:

"c) Delegating to organizations, enterprises with legal personality to directly submit the dossier and receive the result at the Exit-Entry Management Department of the provincial police or the Exit-Entry Management General Department of the Ministry of Public Security in the place of permanent residence. The delegation shall be carried out in accordance with the regulations of the Ministry of Public Security."

b) Amend Point a Clause 3 on the dossier for requesting ordinary passports within the country as follows:

"3. Dossier for requesting issuance of passport (one set):

a) For direct submission of the dossier as provided in Points a and c Clause 1 of Article 15 of Decree No. 136/2007/NĐ-CP, the dossier includes:

- The application form for requesting issuance of an ordinary passport (in accordance with the prescribed model).

For children under 14 years old, their parents or guardians must fill out and sign the application form; if a parent wishes to accompany a child under 9 years old, they should jointly fill out the application form.

- A copy of the birth certificate of children under 14 years old.

When submitting the dossier, the applicant must present their valid identity card for verification and comparison.

7. Clause 1 of Article 16 on application documents for ordinary passports for children under 14 years old residing abroad is amended as follows:

"...

If a parent wishes to have a child under 9 years old travel with them, they shall jointly fill out the application form for ordinary passports.

8. Clause 1 and Clause 2 of Article 29 on the responsibilities of the Ministry of Transport shall be amended as follows:

"1. Guide procedures and steps for issuing and amending seafarer passports.

2. Issue and amend seafarer passports; notify the Ministry of Public Security of the list of personnel issued seafarer passports immediately after issuance and the list of personnel reporting lost seafarer passports.

..."

9. Article 32 on the competent authority for dispatching or permitting civil servants to go abroad shall be amended and supplemented as follows:

"Article 32.

1. The competent authorities for dispatching individuals eligible for diplomatic passports or public service passports as specified in Article 6 of Decree No. 136/2007/NĐ-CP and Clauses 3 and 4, Article 1 of this Decree include:

a) Belonging to the Communist Party of Vietnam:

- The Central Party Politburo;

- Central Party Committee Secretariat;

- Central Party bodies;

- Central Party Office;

- Provincial Party Committees and Municipal Party Committees directly under the Central Government.

b) Under the National Assembly:

- Standing Committee of the National Assembly;

- National Assembly's Ethnic Council;

- National Assembly Committees;

- Bureaus and Institutes of the Standing Committee of the National Assembly;

- The Office of the National Assembly; - State Audit Office.

c) OFFICE

d) Belonging to the Government:

- Prime Minister;

- Ministries, ministerial-level agencies, agencies under the Government, and other organizations established by the Government and the Prime Minister.

d) Supreme People's Court.

e) Supreme People's Procuracy.

g) Belonging to local state agencies:

- People's Councils of provinces and centrally governed cities;

- People's Committees of provinces and centrally governed cities.

h) Central-level political-social organizations:

- Vietnam Fatherland Front Central Committee;

- Vietnam General Confederation of Labor;

- Vietnam Women's Union;

- Ho Chi Minh Communist Youth Union Central Committee;

- Vietnam Farmers' Association;

- ASSOCIATION OF VETERANS OF VIETNAM.

2. Heads of Ministries, agencies equivalent to ministries, government agencies, and public institutions established by the Government, and Chairmen of Provincial People's Committees and Municipal People's Committees directly under the Central Government may delegate subordinate units to handle the dispatching or permitting of civil servants to go abroad.

3. The heads of the competent authorities mentioned in Clause 1 of this Article shall be responsible for promulgating management regulations for the going abroad of civil servants under their jurisdiction.

4. For personnel under the management of the Central Committee of the Party, relevant provisions shall apply.

Article 2. Effective Date

This Decree takes effect from November 10, 2012./.