Decree No. 76/2020/NĐ-CP provides detailed regulations on the subjects, procedures, formalities, authority for issuing, revoking, and invalidating the use value of travel passes.

DECREE

Detailed regulations on subjects, procedures, formalities, authority to issue, revoke, and invalidate border pass certificates

The Government issues this Decree detailing the subjects, procedures, formalities, authority to issue, revoke, and invalidate border pass certificates.

||| Pursuant to the Law on Organization of the Government dated June 19, 2015;

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

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

This Decree details the subjects, procedures, formalities, authority to issue, revoke, and invalidate border pass certificates for Vietnamese citizens.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree applies to agencies, organizations, enterprises, and Vietnamese citizens.

Article 2. Applicability

Article 3. Scope of use of border pass certificates

1. Border pass certificates between Vietnam and Cambodia are valid for use within the territory of the Cambodian province adjacent to Vietnam.

2. Border pass certificates between Vietnam and Laos are valid for use within the territory of the Laotian province adjacent to Vietnam.

3. Border pass certificates for entry and exit in the border areas between Vietnam and China are valid for use within the territory of the Chinese border area adjacent to Vietnam.

ISSUANCE OF BORDER PASS CERTIFICATES

Chapter II
Article 4. Subjects eligible for issuance of border pass certificates

1. Subjects eligible for issuance of border pass certificates between Vietnam and Cambodia include officials, civil servants, employees, and workers from agencies, organizations, and enterprises with headquarters in provinces sharing borders with Cambodia who are dispatched to work in the adjacent Cambodian province.

2. Subjects eligible for issuance of border pass certificates between Vietnam and Laos:

a) Vietnamese citizens with permanent residence registration in provinces sharing borders with Laos;

b) Vietnamese citizens without permanent residence registration in provinces sharing borders with Laos but working in agencies, organizations, and enterprises with headquarters in provinces sharing borders with Laos.

3. Subjects eligible for issuance of border pass certificates for entry and exit in the border areas between Vietnam and China:

a) Vietnamese citizens permanently residing in communes, wards, towns adjacent to the Vietnam-China border;

1. One completed Application Form M01 issued together with this Decree. For the following cases, the application form shall be filled out 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;

c) In the case of individuals under 16 years old applying jointly with their parent for a border pass certificate for entry and exit in the border areas between Vietnam and China, the application form must be filled out and signed by the parent.

2. Two passport-sized photographs measuring 4cm x 6cm. In the case of individuals under 16 years old applying jointly with their parent, one photograph measuring 3cm x 4cm of the child must be affixed to the application form and another photograph measuring 3cm x 4cm of the child must be submitted for affixing to the border pass certificate.

3. Additional documents for the following cases:

b) One certified copy of the document issued by a competent Vietnamese authority certifying the legal representative for individuals lacking capacity for civil conduct, individuals with difficulties in understanding and controlling their actions according to the Civil Code, and individuals under 14 years old. If the copy is not certified, the original must be presented for verification and comparison;

d) An introduction letter from the agency, organization, or enterprise for cases of proxy submission of the application documents.

c) A valid travel pass previously issued, if still in use;

d) Letter of introduction from the agency, organization, or enterprise for cases of authorization to submit documents.

Article 6. Delegation to Submit Application for Pass Issuance

1. Persons working in agencies, organizations, enterprises with legal personality may delegate such agencies, organizations, or enterprises to submit applications and receive results on their behalf.

2. In cases where an enterprise is delegated to submit an application for pass issuance, before submitting the application, the enterprise must send one set of legal entity files to the pass issuing agency, including:

b) A document introducing the seal imprint and signature sample of the legal representative of the enterprise.

3. The submission of legal entity files as stipulated in Clause 2 of this Article shall only be carried out once, and when there is a change in the contents of the file, the enterprise shall submit supplementary documents.

1. Persons applying for a Vietnam-Cambodia border pass shall submit their applications at the Exit and Entry Management Agency of the Public Security Department of the province sharing a border with Cambodia where the agency, organization, or enterprise they work for has its headquarters.

2. Persons applying for a Vietnam-Laos border pass shall submit their applications at the Exit and Entry Management Agency of the Public Security Department of the province sharing a border with Laos where they have their permanent residence or where the agency, organization, or enterprise they work for has its headquarters.

3. Persons applying for a pass for exit and entry in the Vietnam-China border area as specified in point a, Clause 3, Article 4 of this Decree shall submit their applications at the Police Station of the commune, ward, town adjacent to the Vietnam-China border where they have their permanent residence.

Article 8. Procedure for Implementation

1. Applicants for passes shall submit one set of application files in accordance with Article 5 of this Decree.

4. Individuals who lack civil capacity, those with difficulties in understanding and controlling their actions as provided for in the Civil Code, and those under 14 years old shall go through their legal representatives to handle the procedures.

5. Those assigned tasks shall be responsible for receiving applications for pass issuance; checking and comparing; collecting fees and issuing a receipt for the result.

6. Applicants for passes must pay the fee; if they request to receive the result at a location different from that specified in Article 7, they must pay the service charge for delivery.

1. Within three working days from the date of receiving a complete application, the Exit and Entry Management Agency of the Public Security Department of the province sharing a border with Cambodia, and the Exit and Entry Management Agency of the Public Security Department of the province sharing a border with Laos shall issue the pass and deliver the result to the applicant. If it cannot be issued, a written response stating the reasons shall be given.

2. Within one working day from the date of receiving a complete application, the Police Station of the commune, ward, town adjacent to the Vietnam-China border; the Police Station of the district, town, city under the province adjacent to the Vietnam-China border shall issue the pass and deliver the result to the applicant. If it cannot be issued, a written response stating the reasons shall be given.

Chapter III
REVOCATION AND INVALIDATION OF PASS EFFECTIVENESS

Article 10. Cases for Revoking and Nullifying the Validity of Passports

1. Passports still within their validity period that have been lost.

2. Passports issued to individuals subject to temporary suspension of departure from the country as provided for in the Law on Exit and Entry of Vietnamese Citizens.

3. Passports of individuals who have not been issued exit-entry documents due to committing prohibited acts.

Article 11. Nullifying the Validity of Lost Passports Still Within Their Valid Period

3. The exit-entry control unit at the border checkpoint is responsible for receiving reports of lost passports from individuals who lost them abroad and issuing an entry certificate according to Form M03 promulgated together with this Decree to the individual who lost the passport.

Article 12. Revoking and Nullifying the Validity of Passports of Individuals Who Have Not Been Issued Exit-Entry Documents Due to Committing Prohibited Acts

1. When there is evidence to determine that individuals fall under the category of those who have not been issued exit-entry documents as stipulated in Clause 1 of Article 21 of the Law on Exit and Entry of Vietnamese Citizens, the passport issuing authority will inspect and request individuals who have been issued passports to return the passports still within their validity period for nullification of their validity.

Chapter IV
IMPLEMENTING PROVISIONS

Article 13. Effective Date

This Decree takes effect from July 1, 2020.

Article 14. Transitional Provisions

Passports issued before the effective date of this Decree remain valid until the expiration date indicated on the passport.

Article 15. Responsibility for Implementation

1. The Ministry of Public Security is responsible for coordinating with the Ministry of National Defense, the Ministry of Foreign Affairs, and the People's Committees of provinces sharing land borders with Cambodia, Laos, and China to inspect and guide the implementation of this Decree.

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

Appendix

(Attached to Decree No. 76/2020/NĐ-CP

dated July 1, 2020 of the Government)

Form M01

1. Full name (in capital letters)...2. Gender: Male □ Female □

3. Date of birth...month...year Place of birth (province, city)...

5. Ethnic group...6. Religion...7. Phone number...

8. Permanent registered address

9. Current place of residence

10. Occupation

11. Name and address of the organization where currently employed (if applicable)

12. Border checkpoint to cross

Note:

1. Paste 01 photo in the frame, attach 01 photo for passport issuance.

2. For cases of children under 16 years old applying for joint passport issuance for crossing the Vietnam-China border.

3. Clearly state the content of the application. Example: Request for issuance of a passport for the Vietnam-Cambodia border; Request for issuance of a passport for the Vietnam-Laos border; Request for issuance of a passport for crossing the Vietnam-China border.

4. Confirmation by the organization, enterprise in case the applicant is a civil servant, public official, employee or confirmation by the Head of Police Station, Ward, Town where the applicant usually resides in case the applicant is a child under 14 years old...

Form M02

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness

REPORT OF LOST PASSPORT

(For Vietnamese citizens who have lost passports within the country)

To: (1)

1. Full name (in capital letters) …2. Gender: Male □ Female □

3. Date of birth ... month ... year Place of birth (province, city) …

5. Phone number

6. Address of permanent registered residence

.............................................................................................................................

7. Current place of residence

8. Passport number lost: date of issue: / /

9. Issuing authority:

10. The above passport was lost at: hour, date.../ /

11. At ...

12. Circumstances and reasons for losing the passport:

....................................................................................................................................

....................................................................................................................................

....................................................................................................................................

I solemnly declare that the above report is true and I am willing to bear full responsibility before the law./.

Note:

1. Clearly state the name of the issuing authority.

2. In cases where the report is sent through postal service, the report must be accompanied by a confirmation from the Head of Police Station, Ward, Town where the citizen resides.

Form M03

ENTRY CERTIFICATE

(Issued to individuals who lost passports abroad when entering the country)

⁽¹⁾ certifies that the person with the following personal details has entered Vietnam:

1. Full name (in capital letters): …2. Gender: Male □ Female □

3. Date of birth: ... Month ... Year Place of birth (province, city)

5. Place of permanent residence registration before going abroad: ...

6. Information of accompanying children in the travel document (if any)⁽²⁾:

- Full name: ... Gender: Male □ Female □

- Date of birth month year

The person named above entered Vietnam on .../.../...

Place of entry⁽³⁾: ......................................................................................................

Note:

1. Name of authority issuing the entry permit certificate.

2. In cases where individuals under 16 years old apply for a combined travel document to exit and enter the border area between Vietnam and China with their father or mother.

3. Name of border gate or route crossing the border where the citizen entered.

4. Name of applicant.

5. Authority issuing the travel document.