Decree No. 67/2024/NĐ-CP amends and supplements some articles of Decree No. 76/2020/NĐ-CP dated July 1, 2020 of the Government detailing the subjects, procedures, formalities, authority for issuing, revoking, and invalidating the use value of travel passes and Decree No. 77/2020/NĐ-CP dated July 1, 2020 of the Government on managing and exploiting information in the national database on immigration; online public services serving the issuance, management, and control of passports for Vietnamese citizens; and controlling immigration through automatic border gates.

DECREE

Amending and supplementing certain articles of Decree No. 76/2020/NĐ-CP dated July 1, 2020 of the Government detailing the subjects, procedures, formalities, authorities for issuing, revoking, and invalidating the value of travel passes and Decree No. 77/2020/NĐ-CP dated July 1, 2020 of the Government on managing and exploiting information in the national database on immigration; online public services for issuing, managing, and controlling passports of Vietnamese citizens; controlling entry and exit through automatic control gates.

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on Legislative Regulatory Documents dated June 22, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Legislative Regulatory Documents dated June 18, 2020;

Pursuant to the Law on Entry into, Exit from, Transit through, and Residence of Foreigners in Vietnam dated June 16, 2014 and the Law Amending and Supplementing Certain Provisions of the Law on Entry into, Exit from, Transit through, and Residence of Foreigners in Vietnam dated November 25, 2019;

Pursuant to the Law on Exit from and Entry into Vietnam of Vietnamese Citizens dated November 22, 2019;

Pursuant to the Law Amending and Supplementing Certain Provisions of the Law on Exit from and Entry into Vietnam of Vietnamese Citizens and the Law on Entry into, Exit from, Transit through, and Residence of Foreigners in Vietnam dated June 24, 2023;

Pursuant to the Law on Electronic Transactions dated June 22, 2023;

Pursuant to the Law on Information Technology dated June 29, 2006;

||| Pursuant to the Cybersecurity Law dated November 19, 2015;

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

The Government promulgates this Decree amending and supplementing certain articles of Decree No. 76/2020/NĐ-CP dated July 1, 2020 of the Government detailing the subjects, procedures, formalities, authorities for issuing, revoking, and invalidating the value of travel passes and Decree No. 77/2020/NĐ-CP dated July 1, 2020 of the Government on managing and exploiting information in the national database on immigration; online public services for issuing, managing, and controlling passports of Vietnamese citizens; controlling entry and exit through automatic control gates.

Article 1. Amending and supplementing certain articles of Decree No. 76/2020/NĐ-CP dated July 1, 2020 of the Government detailing the subjects, procedures, formalities, authorities for issuing, revoking, and invalidating the value of travel passes.

1. Amending and supplementing Clause 1 and Clause 3 of Article 5 as follows:

a) Amend and supplement Clause 1 as follows:

"1. One completed application form according to Model M01a issued together with this Decree. For the following cases, the application form shall be handled as follows:
a) For persons specified in Clause 1, Point b Clause 2 and Point b Clause 3 of Article 4 of this Decree, the application form must have confirmation and stamp over the photograph of the managing agency, organization, or enterprise;
b) For persons who lack civil capacity, persons with difficulty in understanding and controlling their actions as stipulated by the Civil Code, and persons under 14 years old, the application form shall be filled out and signed by their lawful representatives;
c) For persons under 16 years old requesting a joint travel pass for crossing the border between Vietnam and China with their father or mother, the application form must be filled out and signed by their father or mother."

b) Amend and supplement Clause 3 as follows:

"3. Other documents for the following cases:
a) One certified copy of the Birth Registration Certificate or Extract from the Household Register recording birth issued by the competent authority of Vietnam for persons under 14 years old who have not been assigned a personal identification number; if submitting a photocopy, the original must be presented for verification and comparison;
b) One certified copy of the document issued by the competent authority of Vietnam certifying the legal representative for persons lacking civil capacity, persons with difficulty in understanding and controlling their actions as stipulated by the Civil Code, and persons under 14 years old; if submitting a photocopy, the original must be presented for verification and comparison;

c) A valid travel pass previously issued, if still in use;
d) An introduction letter from the agency, organization, or enterprise for cases where someone is authorized to submit the application."

2. Amending and supplementing Point a Clause 2 of Article 6 as follows:

"a) One certified copy of the establishment decision or business registration certificate; if submitting a photocopy, the original must be presented for verification and comparison;"

3. Amending and supplementing Article 7 as follows:

"1. Persons applying for a travel pass for the border area between Vietnam and Cambodia shall directly submit the application at the Immigration Management Agency of the provincial police force sharing a border with Cambodia where the agency, organization, or enterprise they work for has its headquarters, or electronically via the National Public Service Portal or the Ministry of Public Security's Public Service Portal.
2. Persons applying for a travel pass for the border area between Vietnam and Laos shall submit the application as follows:
a) Vietnamese citizens permanently residing in a province sharing a border with Laos shall directly submit the application at the police station of the commune where they reside, the police station of the district where they reside, or the Immigration Management Agency of the provincial police force where they reside, or electronically via the National Public Service Portal or the Ministry of Public Security's Public Service Portal;
b) Vietnamese citizens not permanently residing in a province sharing a border with Laos but working in agencies, organizations, or enterprises headquartered in a province sharing a border with Laos shall directly submit the application at the Immigration Management Agency of the provincial police force where the agency, organization, or enterprise they work for has its headquarters, or electronically via the National Public Service Portal or the Ministry of Public Security's Public Service Portal.
3. Persons applying for a travel pass for crossing the border area between Vietnam and China as specified in Point a Clause 3 of Article 4 of this Decree shall directly submit the application at the police station of the commune where they reside, or electronically via the National Public Service Portal or the Ministry of Public Security's Public Service Portal.
4. Persons applying for a travel pass for crossing the border area between Vietnam and China as specified in Point b Clause 3 of Article 4 of this Decree shall directly submit the application at the police station of the district where the agency they work for has its headquarters, or electronically via the National Public Service Portal or the Ministry of Public Security's Public Service Portal."

4. Amending and supplementing Article 9 as follows:

"1. Within three working days from the date of receiving a complete application, the competent authority specified in Clause 1 and Clause 2 of Article 7 of this Decree shall issue the travel pass and deliver the result to the applicant. If the travel pass is not issued, a written response stating the reasons shall be provided.
2. Within one working day from the date of receiving a complete application, the competent authority specified in Clause 3 and Clause 4 of Article 7 of this Decree shall issue the travel pass and deliver the result to the applicant. If the travel pass is not issued, a written response stating the reasons shall be provided."

5. Amending and supplementing Clause 1, Clause 2, and Clause 4 of Article 11 as follows:

a) Amend and supplement Clause 1 as follows:

"1. In case of loss of travel documents within the country, within two working days from the date of discovery of the lost travel document, the person who lost the travel document shall directly submit or send the report on the loss of travel document according to Model M02a issued together with this Decree to the Exit-Entry Administration of the Provincial Public Security Organs or the County or Commune Police Station where it is convenient or through the National Public Service Portal or the Ministry of Public Security Public Service Portal. In cases of force majeure, the deadline for submitting or sending the report on the loss of travel document may be extended, but the specific reasons for the force majeure must be explained in the report."

"Within one working day from the date of receiving the report on the loss of travel document, the receiving agency shall notify the issuing agency to invalidate the travel document according to the provisions of Clause 4 of this Article."

b) Amend and supplement Clause 2 as follows:

"2. In case of loss of travel documents abroad, within two working days from the date of discovery of the lost travel document, the person who lost the travel document must report to the competent authority of the host country to complete the procedures to confirm the loss of travel document and be facilitated for departure; upon return to the country, they must report the loss of travel document to the exit-entry control unit of Vietnam at the border gate."

c) Amend and supplement Clause 4 as follows:

"Within one working day from the date of receipt of the report on the loss of travel document or notification of the transfer of the report on the loss of travel document or entry certificate from the exit-entry control unit at the border gate, the issuing agency shall invalidate the lost travel document and notify the Border Guard Force of the province where the citizen was issued the travel document."

"6. In Clause 2, Article 4, replace the phrase “having permanent residence registration” with the phrase “permanent residence”; in Clause 2, Clause 3, Article 8, add the phrase "or Citizen Identity Card" after the phrase "or Citizen Identity Card"."

"Article 2. Amend and supplement some articles of Decree No. 77/2020/NĐ-CP dated July 1, 2020 of the Government on management and exploitation of information in the national database on exit and entry; online public services for issuance, management, and control of passports for Vietnamese citizens; automatic exit and entry control."

"1. Supplement Clause 1a after Clause 1 of Article 6 as follows:"

"1a. Agencies of the Party and the National Assembly are requested to provide information about exit and entry in the National Database on Exit and Entry of cadres and civil servants working at their agencies to serve cadre management according to regulations."

"2. Amend and supplement Clause 1 and Clause 3 of Article 7 as follows:"

a) Amend and supplement Clause 1 as follows:

"1. For cases prescribed in Clause 1, Clause 1a of Article 6 of this Decree:"
"a) For agencies ensuring conditions for infrastructure, the connection and sharing of data as prescribed in Clause 1 of Article 4 of this Decree shall be implemented according to Chapter III of Decree No. 47/2020/NĐ-CP dated April 9, 2020 of the Government on management, connection, and sharing of digital data of state agencies;"
"b) For agencies not ensuring conditions for infrastructure or due to work requirements, the requesting agency sends a document to the National Database Management Agency or the Exit-Entry Administration of the Provincial Public Security Organs where its office is located. Within five working days from the date of receipt of the request document, the receiving agency shall reply in writing to the requesting agency."

b) Amend and supplement Clause 3 as follows:

"3. For cases prescribed in Clause 3 of Article 6 of this Decree:"
"a) Citizens shall directly submit or send the request according to Model M03a issued together with this Decree to the National Database Management Agency or the Exit-Entry Administration of the Provincial Public Security Organs where it is convenient or the County Police Station where they reside or temporarily reside, or through the National Public Service Portal or the Ministry of Public Security Public Service Portal;"
"b) Within five working days from the date of receipt of the request, the authorized agency as prescribed in point a of this clause shall reply in writing to the requester."

"3. Supplement Clause 4 after Clause 3 of Article 10 as follows:"

"4. Based on actual circumstances, the Ministry of Public Security shall take the lead and coordinate with the Ministry of Foreign Affairs and the Ministry of Defense to report to the Government to decide on the categories of subjects eligible to register for exit and entry through the automatic control gate and the categories of subjects eligible to exit and enter through the automatic control gate as prescribed in Clause 1 and Clause 3 of this Article when necessary to meet foreign affairs requirements, ensure national security and social order and safety, and promote economic and social development."

Article 3. The forms attached to this Decree are as follows:

1. Form M01a replaces Form M01 issued together with Decree No. 76/2020/NĐ-CP dated July 1, 2020, of the Government detailing the subjects, procedures, formalities, authorities for issuing, revoking, and invalidating the use value of travel passes.

2. Form M02a replaces Form M02 issued together with Decree No. 76/2020/NĐ-CP dated July 1, 2020, of the Government detailing the subjects, procedures, formalities, authorities for issuing, revoking, and invalidating the use value of travel passes.

3. Form M03a replaces Form M03 issued together with Decree No. 77/2020/NĐ-CP dated July 1, 2020, of the Government detailing the management and exploitation of information in the national database on entry and exit; online public services serving the issuance, management, and control of passports for Vietnamese citizens; automatic border gate control.

4. Form M04 notifies the transfer of the report on the loss of a travel pass.

5. Form M05 notifies the invalidation of the use value of a travel pass.

Article 4. Implementation provisions

1. This Decree takes effect from August 9, 2024.

2. Travel passes for the Vietnam-Laos border issued to citizens before the date this Decree takes effect shall remain valid until their expiration date as indicated on the travel pass.

3. In cases where citizens request the issuance of a travel pass; report the loss of a travel pass; confirm and provide information but have not been resolved when this Decree takes effect, the provisions of Decree No. 76/2020/NĐ-CP dated July 1, 2020, of the Government detailing the subjects, procedures, formalities, authorities for issuing, revoking, and invalidating the use value of travel passes, and Decree No. 77/2020/NĐ-CP dated July 1, 2020, of the Government detailing the management and exploitation of information in the national database on entry and exit; online public services serving the issuance, management, and control of passports for Vietnamese citizens; automatic border gate control shall continue to apply.