Circular No. 67/2013/TT-BCA on issuing border crossing permits for Vietnamese citizens to cross the Vietnam-China border

CIRCULAR

Regulations on issuing border crossing permits for Vietnamese citizens to enter and exit the border area with China

Crossing the Vietnam-China border

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Based on the Agreement on the Management Regime of the Land Border between Vietnam and China signed on November 18, 2009, between the Government of the Socialist Republic of Vietnam and the Government of the People's Republic of China;

Pursuant to DecreeNo. Decision No. 77/2009/NĐ-CP dated 1September 5, 2009 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;ngthe Government promulgates this Decree detailing the implementation of certain provisions of the Law on Security Guarding.

At the proposal of the Director of the First General Department of Security;

The Minister of Public Security issues this Circular regulating the issuance of border crossing permits for Vietnamese citizens to enter and exit the Vietnam-China border area,

Chapter I

GENERAL PROVISIONS

Article 1.periodamending andisupplementing

This Circular regulates the subjects eligible for issuance, validity period, and scope of use of the border crossing permit for the Vietnam-China border area (hereinafter referred to as the border crossing permit) for Vietnamese citizens crossing the Vietnam-China border; procedures and authority for issuing border crossing permits; the format of the border crossing permit and the application form for requesting a border crossing permit; responsibilities of relevant agencies in issuing border crossing permits.

Điều 2. Đốii Scope of application

Article 1. This Circular applies to police stations at communes, wards, towns (referred to as commune-level police stations), police departments at districts, cities directly under provinces (referred to as district-level police departments) adjacent to the Vietnam-China border; Vietnamese citizens permanently residing in communes, wards, towns of Vietnam adjacent to the Vietnam-China border (border residents); officials and civil servants working in state agencies headquartered in districts, cities directly under provinces of Vietnam adjacent to the Vietnam-China border (border areas) and organizations, entities, and individuals related to the issuance of border crossing permits.

Article 2. This Circular does not apply to: officials and civil servants working at border representative offices holding assistant, secretary, interpreter, liaison officer cards, or letters of authorization or border crossing cards.

Chapter II

SPECIFIC PROVISIONS

3. Amend Clause 3 Article 2 as follows:iArticle 3. Subjects eligible for issuance of border crossing permits

In the following cases, if they are not prohibited from leaving the country according to the law, they may be issued border crossing permits upon request:

1. Vietnamese citizens permanently residing in communes, wards, towns adjacent to the Vietnam-China border.

2. Officials and civil servants working in state agencies headquartered in districts, cities directly under provinces of Vietnam adjacent to the Vietnam-China border who are dispatched to the opposite border area of China for official exchanges.

Article 4. Validity Period and Scope of Use of Border Crossing Permits

1. The border crossing permits issued in accordance with this Circular shall have a validity period not exceeding twelve months from the date of issuance and shall not be extended; they can be used multiple times within the border area.

2. Vietnamese citizens exiting to China using border crossing permits may operate within the opposite border area of China adjacent to Vietnam.

Article 5. Application Documents for Issuing Border Crossing Permitsi1. One set of documents including:

a) One application form for requesting a border crossing permit according to Model TK9 attached to this Circular;

b) Two newly taken photos, size 4cm x 6cm, frontal view, bareheaded, white background, one photo affixed to the application form.

2. For children under sixteen years old applying for a border crossing permit, the application form must be filled out and signed by their parents or guardians. If both parents apply for their child under sixteen to share their border crossing permit, they should fill out the application form together and affix one 3cm x 4cm photo of the child to their own application form and provide another 3cm x 4cm photo of the child for affixing to the border crossing permit.

3. For state officials and civil servants working in the border area, the application form for requesting a border crossing permit must be confirmed and stamped over the photo by the direct supervising agency.

4. In case of reissuance due to loss, submit a report about the loss (no confirmation required from the commune-level police station where the loss occurred).

4. In case of requesting to reissue the passbook due to loss, submit a report on the loss (the report does not require confirmation from the Police Station of the commune where the loss occurred).

Article 6. Noo accepting applications and deadlines for issuing exit and entry permitsồ 1. Places to accept applications for issuing exit and entry permits: Method and location procedures for issuing exit-entry passbooks

1. Vietnamese citizens permanently residing in communes, wards, towns bordering the Vietnam-China land border who need exit and entry permits shall submit their applications at the police station of the commune where they have their permanent residence registration, and must present their identity cards; those under 14 years old must present their birth certificates or household registers for verification and comparison;

a) Vietnamese citizens permanently residing in communes, wards, towns bordering the Vietnam-China border who need to apply for exit-entry passbooks shall submit their applications at the Police Station of the commune where they have permanent residence registration, and must present their national identity card when submitting the application; those under 14 years old must present their birth certificate or household register for verification and cross-checking;

2. Officials and civil servants working in state agencies with offices located in the Vietnam-China border areas who are sent to the opposite Chinese border area for official exchanges shall submit their applications at the police station of the district where their agency has its office;

c) Persons applying for exit-entry passbooks must pay the prescribed fee according to the regulations of the Ministry of Finance.

3. Applicants for exit and entry permits must pay the prescribed fee as stipulated by the Ministry of Finance.

2. The processing time for issuing exit and entry permits is one working day from the date when all valid documents are received. In cases where the application documents are incomplete, the competent authority issuing the exit and entry permit will notify the applicant and the processing time will be recalculated from the date when all valid documents are received. If the application is not processed, the reasons must be clearly stated to the applicant.

Article 7. Authority to issue exit and entry permits

1. The Head of the Police Station of the district bordering the Vietnam-China land border issues exit and entry permits to officials and civil servants working in agencies with offices in that district, city town, or provincial town who are sent to the opposite Chinese border area for official exchanges. In case the Head of the Police Station of the district is absent, a Deputy Head of the Police Station of the district authorized by the Head of the Police Station of the district shall perform the assigned tasks and powers. The Deputy Head of the Police Station of the district shall be responsible to the Head of the Police Station of the district and to the law regarding the assigned tasks.

Article 8. Responsibilities of Police Authorities at all levels

2. The Head of the Police Station of the commune bordering the Vietnam-China land border issues exit and entry permits to Vietnamese citizens permanently residing in that commune, ward, or town. In case the Head of the Police Station of the commune is absent, a Deputy Head of the Police Station of the commune authorized by the Head of the Police Station of the commune shall perform the assigned tasks and powers. The Deputy Head of the Police Station of the commune shall be responsible to the Head of the Police Station of the commune and to the law regarding the assigned tasks.

Article 8. Responsibilities of Police Stations at various levels

1. The Exit and Entry Management Department:

a) Organizes the printing and management of blank exit and entry permits according to the model specified in the Agreement on the Management Regulations of the Vietnam-China Land Border;

2. Provincial Police sharing borders with China:

b) Provides blank exit and entry permits to the Police Station of the province sharing the border with China upon request;

b) Annually, based on the proposal of the County Police, the Commune Police authorized to issue exit-entry passbooks shall prepare a budget for white print materials and request the Exit-Entry Administration Bureau to print and supply them;

c) Guides the Police Station of the province sharing the border with China in issuing exit and entry permits and resolving issues encountered during the implementation of this Circular.

2. The Police Station of the province sharing the border with China:

a) Directs and guides the Police Station of the district bordering the border to organize the implementation of this Circular;

a) Receive applications, process, and deliver results of issuing exit-entry passbooks for officials and civil servants in accordance with the provisions of this Circular;

b) Annually, based on the proposal of the Police Station of the district and the Police Station of the commune authorized to issue exit and entry permits, prepares a budget for blank forms to be printed and provided by the Exit and Entry Management Department;

c) Regularly report monthly to the Director of the Provincial Police (through the Exit-Entry Management Department) on the situation of issuing exit-entry passbooks in the locality and highlight issues requiring resolution;

c) Provides the application form for exit and entry permits according to Form TK9 to the Police Station of the district for printing and distribution to the Police Station of the commune and Vietnamese citizens in need;

a) Receive applications, process, and deliver results of issuing exit-entry passbooks for citizens permanently residing in communes, wards, towns in accordance with the provisions of this Circular;

d) Regularly reports quarterly to the First General Department of Security (through the Exit and Entry Management Department) on the situation of issuing exit and entry permits in the locality and the issues requiring guidance and resolution.

Chapter III

IMPLEMENTING PROVISIONS

Article 9. 3. The Police Station of the district bordering the Vietnam-China border: ADJUSTMENT

a) Accepts applications, processes, and delivers exit and entry permits to officials and civil servants in accordance with the provisions of this Circular;

Article 10. Responsibilitiesi ADJUSTMENT

1. The Directors of General Departments under the Ministry, the Provincial Public Security Directors sharing border lines with China shall be responsible for implementing and organizing the implementation of this Circular.

2. The General Department of Security I shall be responsible for organizing the implementation and guiding the inspection of this Circular's implementation.

During the implementation of this Circular, if there are any difficulties, the relevant units, local public security agencies, and organizations shall report to the Ministry of Public Security (through the Immigration Administration Department) for timely guidance.