Decree No. 77/2020/ND-CP on the management and exploitation of information in the National Database on Exit and Entry; online public services for issuing, managing, and controlling passports for Vietnamese citizens; and automatic border control gates.

DECREE

Regulations on the management and exploitation of information in the National Database on Exit and Entry; online public services for issuing, managing, and controlling Vietnamese citizens' passports; automatic border gate control

To serve the management and exploitation of information in the National Database on Exit and Entry; online public services for issuing, managing, and controlling Vietnamese citizens' passports; automatic border gate control

control of Vietnamese citizens' passports; border entry and exit control

through automatic gate systems

||| 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;

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

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

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

Pursuant to the Law on Electronic Transactions dated November 29, 2005;

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 regulating the management and exploitation of information in the National Database on Exit and Entry; online public services for issuing, managing, and controlling Vietnamese citizens' passports; automatic border gate control.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree regulates the collection, updating, management, connection, sharing, provision, and exploitation of information in the National Database on Exit and Entry; online public services for issuing, managing, and controlling Vietnamese citizens' passports; automatic border gate control.

Article 2. Applicability

This Decree applies to agencies, organizations, and individuals related to the collection, updating, management, connection, sharing, provision, and exploitation of information in the National Database on Exit and Entry; online public services for issuing, managing, and controlling Vietnamese citizens' passports; automatic border gate control.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

1. The National Database on Exit and Entry is a set of information related to exit and entry of Vietnamese citizens and entry, exit, transit, and residence of foreigners in Vietnam that is digitized, stored, managed, and exploited through information infrastructure.

2. Online public services for issuing, managing, and controlling Vietnamese citizens' passports are administrative public services provided by exit and entry management agencies and passport issuance agencies to organizations and individuals through the public service portal.

3. An automatic border gate is a device that exploits data stored in Vietnamese passports with embedded electronic chips and in the National Database on Exit and Entry to check and determine the identity and conditions for exit and entry of an individual when processing at a border checkpoint.

4. Automatic border gate control is the processing of exit and entry procedures at an automatic border gate.

Chapter II
NATIONAL DATABASE ON EXIT AND ENTRY, ONLINE PUBLIC SERVICES, AND AUTOMATIC BORDER GATES COLLECTION, UPDATING, MANAGEMENT, CONNECTION, SHARING, AND PROVISION AND EXPLOITATION OF INFORMATION IN THE NATIONAL DATABASE ON EXIT AND ENTRY

Section 1
COLLECTION, UPDATE, MANAGEMENT, CONNECTION, SHARING AND PROVISION OF RAW DATA EXPLOITATION IN THE NATIONAL DATABASE ON BORDER ENTRY AND EXIT CONTROL

Article 4. Collection and Updating Information in the National Database on Exit and Entry

1. Information collected and updated in the National Database on Exit and Entry

a) For Vietnamese citizens, it shall be carried out in accordance with Articles 41 and 42 of the Law on Exit and Entry of Vietnamese Citizens;

b) For foreigners, the information collected and updated includes: Surname, middle name, and given name in the passport or international travel document; date of birth; gender; nationality; portrait photograph; fingerprints; number, code, date, month, year, type of passport or international travel document, and place of issue; process of entry and exit to and from Vietnam; place of residence in Vietnam; other relevant information.

2. Sources of information in the National Database on Exit and Entry include:

a) Declarations, forms, and information collected when processing procedures for issuing documents for foreigners entering, exiting, transiting, and residing in Vietnam; issuing exit and entry documents for Vietnamese citizens; or during exit and entry control processes at border checkpoints;

b) Exploitation of information in management files and standardized, converted databases on exit and entry; exploitation in the National Population Database, the National Identity Card Database, national databases, and specialized databases through connections and sharing;

c) Receiving and processing information provided by individuals, agencies, and organizations related to the exit and entry of foreigners and Vietnamese citizens.

3. Responsibilities for collecting and updating information in the National Database on Exit and Entry

a) Agencies issuing exit and entry documents and units controlling exit and entry have the responsibility to immediately collect and update new information as stipulated in Clause 1 of this Article while performing their functions and tasks;

b) Agencies managing the National Population Database, the National Identity Card Database, national databases, and specialized databases have the responsibility to coordinate and unify methods and contents to ensure the sharing of information as stipulated in Clause 1 of this Article;

c) Individuals, agencies, and organizations have the responsibility to provide complete, timely, and accurate information as stipulated in Clause 1 of this Article directly or through the online portal on exit and entry services as prescribed in Clause 18 of Article 1 of the Law Amending and Supplementing Certain Provisions of the Law on Entry and Exit, Transit, and Residence of Foreigners in Vietnam.

Article 5. Responsibilities of the National Immigration Database Management Authority

1. Perform tasks as the data provider of the National Immigration Database in accordance with the provisions of Government Decree No. 47/2020/NĐ-CP dated April 9, 2020 on management, connection, and sharing of digital data of state agencies.

2. The provided data must be updated promptly and accurately; information connection and sharing must ensure national security, personal privacy, family privacy, and private life in accordance with Articles 5 and 6 of Government Decree No. 47/2020/NĐ-CP dated April 9, 2020 on management, connection, and sharing of digital data of state agencies.

3. Operate the technical system to ensure smooth and continuous operation 24/24 hours; ensure infrastructure conditions for connection and data exchange in accordance with Article 27 of Government Decree No. 47/2020/NĐ-CP dated April 9, 2020 on management, connection, and sharing of digital data of state agencies.

4. Develop and implement comprehensive solutions for data backup, disaster recovery, and restoration; security and safety measures for information during connection and sharing in accordance with Article 28 of Government Decree No. 47/2020/NĐ-CP dated April 9, 2020 on management, connection, and sharing of digital data of state agencies.

5. Develop maintenance and upgrade plans for the National Immigration Database to meet changes in technology, business operations, and management.

6. Lead and coordinate with relevant agencies to develop operational procedures to serve the updating, connection, sharing, and exploitation of information.

Article 6. Scope of Provision and Exploitation of Information in the National Immigration Database

2. Passport issuance agencies, visa-issuing authorities, and border control units may exploit information related to passport issuance, revocation, cancellation, restoration, and border control history in the National Immigration Database to proactively perform their management functions and duties.

3. Vietnamese citizens may request or confirm information related to their immigration in the National Immigration Database to serve the protection of their rights and legitimate interests.

4. The provision and exploitation of information in the National Immigration Database must comply with the purpose, authority, and confidentiality requirements stipulated by law.

Article 7. Provision and Exploitation of Information in the National Immigration Database

a) For agencies that ensure infrastructure conditions, the data connection and sharing as stipulated in Clause 1 of Article 4 of this Decree shall be implemented in accordance with Chapter III of Government Decree No. 47/2020/NĐ-CP dated April 9, 2020 on management, connection, and sharing of digital data of state agencies;

b) For agencies that do not ensure infrastructure conditions or due to work requirements, the requesting agency shall send a written request to the National Immigration Database Management Authority. Within five working days from the date of receipt of the request, the National Immigration Database Management Authority shall respond in writing to the requesting agency.

a) Citizens submit a request form issued together with this Decree to the National Immigration Database Management Authority;

b) Within five working days from the date of receipt of the request, the National Immigration Database Management Authority shall respond in writing to the requester.

Section 2
ONLINE PUBLIC SERVICES FOR THE ISSUANCE, MANAGEMENT, AND CONTROL OF PASSPORTS FOR VIETNAMESE CITIZENS AND BORDER CONTROL THROUGH AUTOMATIC GATEWAY SYSTEMS

Article 8. Provision of online public services

1. Online public services for issuing, managing, and controlling passports of Vietnamese citizens shall be implemented on the Public Service Portal of the Ministry of Public Security and the Ministry of Foreign Affairs according to their assigned functions and tasks, and linked and integrated with information on the national public service portal.

2. The online public services mentioned in Clause 1 of this Article allow the receipt of information from passport application forms, scheduling appointments, and providing guidance on procedures for issuing passports; checking the status and results of passport issuance requests.

Article 9. Responsibilities of agencies assigned to provide online public services

1. Implement administrative procedures related to immigration on the public service portal in accordance with the provisions of Government Decree No. 45/2020/NĐ-CP dated April 8, 2020 on implementing administrative procedures in an electronic environment.

2. Publicize the address of the website providing online public services.

3. Guide management, exploitation, use, reception, and support in resolving issues related to online public services.

4. Ensure readiness for linking and integrating information of online public services with the national public service portal.

5. Implement measures to ensure security and safety of online public services.

6. Develop contingency plans, rectify faults, and ensure that online public services operate smoothly and continuously 24/24 hours. Regularly update the results of administrative procedures carried out through online public services.

7. Periodically review and propose upgrades and adjustments to meet practical requirements.

Article 10. Exit and Entry Through Automated Control Gates

1. Individuals who wish to exit and enter through automated control gates must complete registration procedures:

a) Vietnamese citizens using electronic chip passports to enter countries that do not offer visa exemptions;

b) Vietnamese citizens using passports without electronic chips;

c) Vietnamese citizens using travel documents agreed upon between Vietnam and neighboring countries sharing land borders;

d) Foreigners holding residence cards or temporary residence cards issued by competent Vietnamese authorities.

2. Individuals mentioned in Clause 1 of this Article shall complete registration procedures directly at the immigration document issuance agency, border control units where there are automated control gates, or via the Public Service Portal of the Ministry of Public Security, Ministry of National Defense, and Ministry of Foreign Affairs as follows:

a) Fully fill out the application form according to the Model attached to this Decree;

b) Present passports or other entry-exit documents;

c) For Vietnamese citizens using passports to enter countries that do not offer visa exemptions, they must present visas or confirmation documents proving eligibility for entry;

d) For foreigners, present residence cards or temporary residence cards;

đ) Provide facial images;

e) Provide fingerprints in accordance with regulations of the Minister of Public Security;

g) Registration is only completed once; when there are changes or additions to information in passports, Vietnamese entry-exit documents, or visas, confirmation documents proving eligibility for entry, additional information must be provided according to the Model attached to this Decree.

a) Vietnamese citizens using electronic chip passports to enter countries offering visa exemptions;

b) Cases that have completed procedures as stipulated in Clause 2 of this Article; for cases specified in point c Clause 1 of this Article, they can only exit and enter through land border checkpoints.

Article 11. Responsibilities of the unit controlling entry and exit

1. Receiving declarations; checking passports and entry-exit documents; cross-referencing information in the National Database on Entry and Exit; collecting photographs and fingerprints of applicants in accordance with regulations.

2. After completing procedures as stipulated in Clause 1 of this Article, immediately notify the results to the applicant. In cases where the conditions for exiting or entering through automatic gates are not met, notify in writing, specifying the reasons.

3. Guide the use of automatic gates.

Chapter III
IMPLEMENTATION

Article 12. The Ministry of Public Security shall be responsible for

1. Taking the lead and coordinating with the Ministry of Foreign Affairs, the Ministry of Defense, and relevant ministries and sectors in building, managing, operating, collecting, updating, utilizing, and sharing information in the National Database on Entry and Exit; providing online public services.

2. Taking the lead and coordinating with the Ministry of Defense in establishing procedures for controlling entry and exit through automatic gates.

3. Based on actual conditions, deploying automatic gates at border gates managed by the Ministry of Public Security.

Article 13. Responsibilities of the Ministry of Foreign Affairs

1. Coordinating with the Ministry of Public Security in building, collecting, updating, utilizing, and sharing information in the National Database on Entry and Exit.

2. Taking the lead in providing online public services for issuing and managing passports issued by the Ministry of Foreign Affairs and Vietnamese representative offices abroad.

Article 14. Responsibilities of the Ministry of National Defense

1. Coordinating with the Ministry of Public Security in building, collecting, updating, utilizing, and sharing information in the National Database on Entry and Exit; unifying procedures for applying automatic gates for exit and entry control operations.

2. Based on actual conditions, deploying automatic gates at border gates managed by the Ministry of National Defense.

1. Taking the lead and coordinating with the Ministry of Public Security and relevant ministries and sectors in guiding the connection between the National Database on Entry and Exit and specialized databases.

2. Guiding competent agencies of the Ministry of Public Security and the Ministry of Foreign Affairs to implement online public services for issuing and managing passports for Vietnamese citizens.

Chapter IV
IMPLEMENTING PROVISIONS

Article 16. Effective Date

This Decree takes effect from July 1, 2020.

Article 17. Responsibility for Implementation

1. The Ministry of Public Security shall take the lead and coordinate with relevant ministries and sectors to organize the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial/municipal People's Committees under central jurisdiction, organizations, and individuals related to this matter shall be responsible for implementing this Decree.

 

Appendix

(Attached to Decree No. 77/2020/NĐ-CP

dated July 1, 2020 of the Government)

Model M01

Application for registration of groundwater extraction works (for cases of extracting water for purposes with a scale not exceeding 10 m

(For Vietnamese citizens registering and supplementing exit and entry information

through automatic gates)

1. Full name:^(l) .............................................................................................................

2. Passport number/travel document number:…

Type of passport/travel document:⁽²⁾...........................................................................

Issuing authority:…valid until:…/…/…

3. Visa number:⁽³⁾…Type of visa:…

Valid for exit to country/territory:…

Issuing authority:…valid until:…/…/…

4. New registration/change/supplement of information:⁽⁴⁾.......................................................

I hereby certify that the above contents are true.

 

Note:

1. Please write clearly in uppercase letters.

2. If using a passport, please specify the type of passport: "ordinary", "official", "diplomatic"; if using a travel document, please specify the type of travel document issued. Citizens using travel documents for registration can only exit and enter through land border gates.

3. In case of exiting to a country/territory requiring an entry visa, please specify the information on the visa and equivalent documents issued.

4. In case of first-time registration for use of automatic gates, please specify: "new registration"; in case of change/supplement of information, please specify the changed/supplemented information.

Model M02

 

1. Full name (in capital letters): …

2. Gender (male, female):…

3. Date of birth (day, month, year):…/…/…

4. Nationality at birth:…

5. Current nationality:…

6. Occupation:…

7. Employer and business address: …

8. Permanent/temporary residential address in Vietnam: …

9. Telephone number:…Email:…

10. Passport number:…

Issuing authority:…Expiry date: …/………/…

11. Vietnam Permanent/Temporary Residence Card number: …

Issuing authority:…Expiry date: …/………/…

I declare to the best of my knowledge that all the above particulars are correct.

 

Model M03

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness

REQUEST FOR CONFIRMATION AND PROVISION OF INFORMATION

To: Immigration Management Department.

My name is:...

ID/CCCD number: …Date of issue: …Place of issue: …

Reason for requesting confirmation/provision:…

I request the Immigration Management Department to confirm and provide me with the following information:

Time of exit/entry:…

Border gate for exit/entry:…

By passport number: …Date of issue: …Place of issue: …

I hereby certify that my request for confirmation/provision of information is in accordance with the stated reason above. If incorrect, I will bear legal responsibility.

I sincerely thank your agency.

 

 

Note: This request must have the confirmation of the Police of the commune/ward/district where the applicant resides if sent by mail.