Decision No. 856/2001/QD-NHNN of the Governor of the State Bank on the issuance of the Passport Management Regulation for officers, civil servants, and employees in the banking sector.

DECISION OF THE GOVERNOR OF THE STATE BANK OF VIETNAM

On the issuance of the Passport Management Regulation for officers, civil servants, and employees in the banking sector

- Pursuant to Decree No. 05/2000/NĐ-CP dated March 3, 2000 of the Government on exit and entry of Vietnamese citizens;

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GOVERNOR OF THE STATE BANK OF VIETNAM

- Based on the Law on the State Bank of Vietnam No. 01/1997/QH10 dated December 12, 1997;

- Pursuant to the Government Decree No. 15/CP dated March 2, 1993 regarding the tasks, powers, and responsibilities for state management of ministries and ministerial-level agencies;

- Based on the proposal of the Director of the Organization and Training Department of the State Bank of Vietnam,

This Decision promulgates the "Passport Management Regulation for Officers, Civil Servants, and Employees in the Banking Sector" attached hereto.

Pursuant to …;

Article 1. This Decision shall take effect fifteen days from the date of signature. All previous regulations contrary to this Decision shall cease to be effective.

Article 2. The Heads of the Office, the Director of the Organization and Training Department, the Heads of units under the State Bank of Vietnam, the Governors of the State Bank Branches in provinces and centrally-administered cities, the General Directors of the Vietnam Gold, Silver and Precious Stones Corporation, and the Directors of enterprises under the State Bank of Vietnam are responsible for implementing this Decision.

Article 3. - Ministry of Foreign Affairs, Ministry of Public Security (for information),

(Issued together with Decision No. 856/2001/QĐ-NHNN dated July 5, 2001 of the Governor of the State Bank of Vietnam)

This Regulation stipulates the management of various types of passports: diplomatic, official, and ordinary for officers, civil servants, and employees in the banking sector.

This Regulation applies to the following subjects:

1. Officers, civil servants, and employees under the State Bank of Vietnam.

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Chapter I. GENERAL PROVISIONS

Article 1. Scope of application

2. Officers, civil servants, and employees under state-owned commercial banks, the Vietnam Gold, Silver and Precious Stones Corporation, and enterprises under the State Bank of Vietnam.

Article 2. Applicability

Authority to manage passports

The Governor of the State Bank of Vietnam assigns the heads of the following units to be responsible for managing passports of officers, civil servants, and employees as specified in Article 2 of this Regulation:

1. The Director of the Organization and Training Department of the State Bank of Vietnam manages passports of officers, civil servants, and employees at the headquarters of the State Bank of Vietnam and affiliated institutions, except for the Banking Academy;

Chapter II. SPECIFIC PROVISIONS

Article 3. 2. The Director of the Representative Office of the State Bank of Vietnam in Ho Chi Minh City manages passports of officers, civil servants, and employees at the Representative Office of the State Bank of Vietnam in Ho Chi Minh City.

3. The Governors of State Bank Branches in provinces and centrally-administered cities, the Directors of enterprises under the State Bank of Vietnam, and the Director of the Banking Academy manage passports of officers, civil servants, and employees within their own units.

4. The General Directors of state-owned commercial banks and the Vietnam Gold, Silver and Precious Stones Corporation manage passports of officers, civil servants, and employees within their own units.

Duties and powers of unit heads assigned to manage passports

Unit heads assigned to manage passports of officers, civil servants, and employees as specified in Article 2 of this Regulation have the following duties and powers:

1. Assigning officers, civil servants, and employees appropriately to concurrently perform passport management tasks;

Article 4. 2. Directing the collection, preservation, and issuance of passports to officers, civil servants, and employees in accordance with the provisions of this Regulation;

3. Providing secure storage locations for passports, ensuring necessary equipment for passport management tasks;

4. Promptly proposing measures to the Governor of the State Bank of Vietnam for handling cases where officers, civil servants, and employees fail to return passports within the prescribed time, misuse passports, lose passports, or violate other regulations on passport management;

5. Regularly reporting to the Governor of the State Bank of Vietnam on the implementation of passport management work before December 15 each year.

Duties of officers, civil servants, and employees involved in passport management work

Officers, civil servants, and employees involved in passport management work have the following duties and powers:

1. Inspecting the condition of passports, collecting them, and recording them in the logbook for passport collection (Annex 1);

Article 5. 2. Preserving passports intact in their original condition when collected;

3. Issuing passports to officers, civil servants, and employees for appropriate purposes abroad based on decisions of competent authorities and written opinions of unit heads assigned to manage passports; recording them in the logbook for passport issuance;

4. Long-term retention and preservation of logbooks, decisions, documents from unit heads, and related materials concerning passport management;

5. Not issuing passports if the required procedures under this Regulation are not fulfilled;

6. Reporting to unit heads for timely measures when violations as stipulated in Clause 4, Article 4 of this Regulation occur.

Rights and obligations of officers, civil servants, and employees holding passports in passport management work

In passport management work, officers, civil servants, and employees holding passports have the following rights and obligations:

1. Receiving passports promptly and appropriately for foreign trips after receiving official dispatch decisions from competent authorities;

Article 6. 2. Receiving passports in cases of legitimate reasons to resolve issues related to completed trips after obtaining written opinions from unit heads assigned to manage passports;

3. Safeguarding and using passports for their intended purposes during the period they hold passports;

4. Returning passports to unit heads assigned to manage passports within five days upon returning to the country or within the permitted time for resolving issues related to completed trips;

In cases where it is objectively impossible to return passports within the aforementioned time limit, officers, civil servants, and employees holding passports must submit written requests after obtaining opinions from unit heads to extend the return time and must return passports within the extended time allowed;

5. Signing the logbook when returning and receiving passports. If someone else receives the passport on their behalf, they must have a power of attorney as prescribed by law;

6. Promptly reporting to unit heads to take measures in case passports are lost, damaged, or require amendments or supplements.

In case it is objectively impossible to submit the passport within the aforementioned deadline, the officer, civil servant, or public official holding the passport must make a written request after obtaining the opinion of the head of their unit to the head of the unit responsible for managing passports for an extension of the submission period and must submit the passport within the permitted extended time.

5. Sign in the logbook when submitting and receiving the passport. If someone else receives it on behalf of the holder, they must have a power of attorney as prescribed by law.

6. Report promptly to the head of the unit responsible for managing passports in cases where the passport is lost, damaged, deteriorated, or requires amendments or supplements.

Article 7. Responsibilities of Heads of Units in Passport Management Work.

1. The Head of the Cadres and Civil Service Organization Department assists the Governor of the State Bank of Vietnam in overseeing, urging, guiding, inspecting, and compiling information on the implementation of passport management work for cadres, civil servants, and public officials in the banking sector.

2. Heads of units are responsible to the Governor of the State Bank of Vietnam:

a) To disseminate and urge cadres, civil servants, and public officials under their unit to strictly implement regulations on passport management and to be accountable to the Governor of the State Bank of Vietnam for the implementation of the passport management regulation of their unit.

b) To promptly inform the Head of the unit assigned to manage passports when discovering that cadres, civil servants, and public officials under their unit have violated regulations on passport management.

Chapter III. SANCTIONS FOR VIOLATIONS

Article 8. Heads of units assigned to manage passports, cadres, civil servants, and public officials assigned to perform passport management tasks, and individuals holding passports who violate the provisions of this Regulation may, depending on the nature and severity of the violation, be subject to disciplinary action, administrative sanctions, compensation for material damage, or criminal liability as prescribed by law.

Chapter IV.ARTICLE IMPLEMENTATION PROVISIONS

Article 9. Amendments and supplements to this Regulation shall be decided by the Governor of the State Bank of Vietnam.