Decree No. 94/2015/ND-CP amending and supplementing certain articles of Decree No. 136/2007/ND-CP dated August 17, 2007 on exit and entry of Vietnamese citizens.

DECREE
Amending and supplementing certain Articles of N |||Decision No. 136/2007/NĐ-CP
dated August 17, 2007 on exit and entry of citizens Vstrict N |||am

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WHEREAS,ứ Law on Organization of 2001;"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."Government on December 25thJune 2024;Ministry of Public Security,

At the proposal of the Ministry in the forestry sector, this Circular takes effect from February 1, 2024.The Government issues this Decision to amend and supplement some articles of Decision No. 136/2007/NĐ-CP dated August 17, 2007 on exit and entry of Vietnamese citizens.

Article 1. Amend and supplement some articles of Decision No. 136/2007/NĐ-CPu1. Clause 2, Article 4 regarding the validity period of various types of documents for exit and entry shall be amended and supplemented as follows:and amended and supplemented by certain articles related to conditions for investment and business and administrative procedures in the field of information and communications on November 7, 2018a) Amend and supplement Point a, Clause 2 as follows:June 2024;"a) National passport:

- Diplomatic passports and official passports have a validity not exceeding five years from the date of issuance. Diplomatic passports and official passports with less than one year remaining validity may be extended once, with a maximum duration not exceeding three years; when they expire, new procedures for issuance must be followed.

- Ordinary passports have a validity not exceeding ten years from the date of issuance and cannot be extended. If ordinary passports are still valid, they can be renewed; when they expire, new procedures for issuance must be followed.

- The validity period of national passports issued to children under 14 years old or accompanying their parents who are under 9 years old shall be implemented according to the provisions of Article 5 of this Decision."

b) Amend and supplement Point b, Clause 2 as follows:

"b) Other documents:

- Seaman's passports have a validity not exceeding ten years from the date of issuance and cannot be extended. If seaman's passports are still valid, they can be renewed; when they expire, new procedures for issuance must be followed."

2. Article 5 regarding various types of documents for exit and entry shall be amended and supplemented as follows:

1. Documents for exit and entry shall be issued separately for each citizen.

2. Ordinary passports issued to children under 14 years old have a validity not exceeding five years from the date of issuance and cannot be extended.

…

3. Children under 9 years old may be included in the ordinary passports of their father or mother if requested by the parent. In such cases, the passport has a validity not exceeding five years from the date of issuance and cannot be extended.

4. Diplomatic passports issued to children under 18 years old of individuals specified in Clause 10, Article 6 of this Decision and official passports issued to children under 18 years old of staff at overseas representative offices of Vietnam, state news agencies, and journalists permanently residing abroad as specified in Clause 4, Article 7 of this Decision shall have a validity from one to five years from the date of issuance until the child reaches 18 years old and cannot be extended.

"Article 5.

5. Diplomatic passports and official passports shall not be issued to individuals specified in Articles 6 and 7 of this Decision when they are sent abroad for study for more than six months."

3. Article 6 regarding the subjects eligible for diplomatic passports shall be amended and supplemented as follows:

Article 6. Diplomatic passports shall be issued to Vietnamese citizens belonging to the following categories, dispatched or decided to go abroad by competent authorities of Vietnam as stipulated in Clause 1, Article 32 of this Decision, in accordance with the nature of the trip:

1. Belonging to the Communist Party of Vietnam:

- General Secretary, Member of the Politburo, Central Committee Secretaries, Members of the Central Committee, Alternate Members of the Central Committee;

- Former General Secretaries, Members of the Politburo, Central Committee Secretaries;

"- Director, Deputy Director, Members of the Central Inspection Commission;

- Secretaries, Deputy Secretaries of Provincial Party Committees and Municipal Party Committees directly under the Central Government;

- Heads, Deputy Heads of Departments directly under the Central Committee; Directors, Deputy Directors of the Central Party Office;

- Heads, Deputy Heads of organizations established by the Politburo, the Secretariat, and the Central Committee;

- Secretaries, Deputy Secretaries of the Party Committee of State Agencies and the Party Committee of State Enterprises;

- Special Envoys, Assistants, Secretaries of the General Secretary of the Central Committee;

- Assistants to members of the Politburo.

2. Belonging to the National Assembly:

- Chairman, Vice Chairmen of the National Assembly; Members of the Standing Committee of the National Assembly;

- Former Chairmen, Vice Chairmen of the National Assembly;

- Chairmen, Vice Chairmen of the Ethnic Council of the National Assembly;

- Directors, Deputy Directors of Committees of the National Assembly; Directors, Deputy Directors of the National Assembly Office;

- State Auditor General, Deputy State Auditor General;

- Heads, Deputy Heads of Committees of the Standing Committee of the National Assembly;

- National Assembly Deputies;

- Assistants, Secretaries of the Chairman of the National Assembly.

3. Belonging to the President:

- President, Vice Presidents;

- Former Presidents, Vice Presidents;

- Directors, Deputy Directors of the President's Office;

- Special Envoys, Assistants, Secretaries of the President.

4. Belonging to the Government:

- Prime Minister, Deputy Prime Ministers, former Prime Ministers, Deputy Prime Ministers;

- Ministers, Heads of Ministries equivalent to Ministries, Heads of Government Agencies; Deputy Ministers, Deputy Heads of Ministries equivalent to Ministries, Deputy Heads of Government Agencies;

- Heads of General Departments and equivalent state agencies; officers holding ranks from Major General, Rear Admiral of the Navy upwards currently serving in the Vietnam People's Army and the Vietnam People's Public Security Force;

- Special Envoys, Assistants, Secretaries of the Prime Minister;

- Chairmen, Vice Chairmen, Secretaries of Vietnam Sub-Committees in the Joint Governmental Cooperation Committees with foreign countries.

5. Chief Justice, Deputy Chief Justice of the Supreme People's Court.

6. Prosecutor General, Deputy Prosecutor General of the Supreme People's Procuracy.

7. Belonging to state agencies at local levels:

- Chairmen, Vice Chairmen of Provincial People's Councils and Municipal People's Councils directly under the Central Government;

- Chairmen, Vice Chairmen of Provincial People's Committees and Municipal People's Committees directly under the Central Government.

8. Chairmen, Vice Chairmen, General Secretaries, Members of the Executive Board of the Vietnam Fatherland Front Central Committee.

9. Belonging to political-social organizations at the central level:

- Chairmen, Vice Chairmen of the Vietnam General Confederation of Labor;

- Chairmen, Vice Chairmen of the Vietnam Farmers' Union;

- Chairmen, Vice Chairmen of the Vietnam Women's Union;

- Chairmen, Vice Chairmen of the Vietnam Veterans Association;

- First Secretaries, Permanent Secretaries of the Central Committee of the Ho Chi Minh Communist Youth Union.

- Chairman, Vice Chairman of the Vietnam Farmers' Association;

- Chairman, Vice Chairman of the Vietnam Women's Union;

- Chairman, Vice Chairman of the Vietnam Veterans Association;

- First Secretary, Permanent Secretary of the Central Committee of the Ho Chi Minh Communist Youth Union.

10. Persons currently serving in the diplomatic sector who have been granted diplomatic rank or hold positions from Deputy Defense Attaché upwards at diplomatic missions, permanent delegations to intergovernmental international organizations, and from Consular Attaché upwards at Vietnamese consular offices abroad.

11. Diplomatic couriers, consular couriers.

12. Wives or husbands accompanying the persons specified in Clauses 1, 2, 3, 4, 5, 6, 7, 8, and 9 of this Article on official trips; wives or husbands, and children under 18 years old accompanying or visiting the persons specified in Clause 10 of this Article during their term of service.

13. In cases of necessity, based on foreign affairs requirements or state hospitality and the nature of the official trip, the Minister of Foreign Affairs shall issue diplomatic passports according to the Prime Minister's directives or consider granting diplomatic passports upon the request of competent authorities of Vietnam as stipulated in Clause 1 of Article 32 of this Decree for individuals not covered by Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 of this Article.

4. Article 7 regarding the subjects eligible for issuance of official passports is amended and supplemented as follows:

"Article 7. Official passports shall be issued to Vietnamese citizens falling within the following categories, who are dispatched or permitted to travel abroad by competent authorities as stipulated in Clause 1 of Article 32 of this Decree to perform tasks within the functions of their respective agencies:

1. Officials, civil servants, managerial staff receiving salaries from the state budget or guaranteed from the salary fund of public institutions in accordance with the law, working at the following agencies, organizations, and units:

a) Belonging to the Communist Party of Vietnam:

- Central Party Committee Secretariat;

- Central Party bodies;

- Central Party Office;

- Other agencies established by the Politburo, Secretariat, or Central Committee of the Party;

- Provincial Party Committees, Municipal Party Committees at the central level; County Party Committees, District Party Committees, City Party Committees, and Municipal Party Committees at the provincial level.

b) Belonging to the National Assembly:

- Standing Committee of the National Assembly;

- National Assembly's Ethnic Council;

- National Assembly Committees;

- Committees and Institutes of the Standing Committee of the National Assembly;

- National Assembly's Office;

- State Audit Office.

"5. Special-purpose Internet access service is an Internet service that connects through the Internet gateway of the SPDN to serve applications for guidance, management, and operation of central Party and State agencies on the SPDN."

d) Belonging to the Government:

Ministries, agencies equivalent to ministries, and government agencies and other organizations established by the Government or the Prime Minister.

đ) People's Courts at all levels (central, provincial, district).

e) People's Procuratorates at all levels (central, provincial, district).

g) Belonging to local state agencies:

- Office of Delegations of the National Assembly;

- Provincial People's Councils, District People's Councils;

- Provincial People's Committees, District People's Committees.

h) Within military and police agencies.

i) Within agencies of the Vietnam Fatherland Front Central Committee, provincial committees, and district committees.

k) Within political-social organization agencies:

- Vietnam General Confederation of Labor, Central Industry Trade Unions, and Trade Unions of State-owned Enterprises directly under the General Confederation, Provincial Federations of Trade Unions, and District Federations of Trade Unions;

- Vietnam Farmers' Union at the central, provincial, and district levels;

- Communist Youth Union of Ho Chi Minh Central, provincial, and district levels;

- Vietnam Women's Union at the central, provincial, and district levels;

- Vietnam Veterans Association at the central, provincial, and district levels.

l) Individuals transferred by authorized Party and State authorities to hold key positions in associations while still being considered civil servants.

m) Officials and civil servants at commune, ward, and town levels.

n) Members of the Office of the National Science and Technology Policy Council.

o) Management staff of public institutions:

- Heads and deputy heads of public institutions; those holding leadership positions in organizational components of public institutions under the Politburo, Secretariat, Standing Committee of the National Assembly, Government, and Prime Minister;

- Heads and deputy heads of public institutions; those holding leadership positions in organizational components of public institutions under Central Party bodies, Office of the President, Office of the National Assembly, State Audit Office, Supreme People's Court, Supreme People's Procuracy; Ministries, agencies equivalent to ministries, and government agencies under the Government and Prime Minister; Central Vietnam Fatherland Front and central-level political-social organizations;

- Heads and deputy heads of public institutions; those holding leadership positions in organizational components of public institutions under Departments, Bureaus, and equivalent bodies under Ministries, agencies equivalent to ministries; provincial party committees, municipal party committees; provincial people's committees; Central Vietnam Fatherland Front and provincial-level political-social organizations;

- Heads of public institutions under county party committees, district party committees, city party committees under provincial party committees; specialized agencies under provincial people's committees, district people's committees;

- Those holding positions tied to state management tasks in public institutions tasked with performing state management duties.

2. Officers and professional soldiers in the Vietnam People's Army and Vietnam People's Public Security Force.

3. Staff of Vietnamese representative offices abroad; state news agency and press correspondents permanently stationed abroad.

4. Wives or husbands, and children under 18 years old accompanying or visiting the persons specified in Clause 3 of this Article during their term of service.

5. In cases of necessity, based on requirements and the nature of the trip, the Minister of Foreign Affairs shall issue official passports according to the Prime Minister's directives or consider granting official passports upon the request of competent authorities of Vietnam as stipulated in Clause 1 of Article 32 of this Decree for individuals not covered by Clauses 1, 2, 3, and 4 of this Article.

5. Article 14 concerning the application dossier for the issuance of diplomatic passports and official passports is amended and supplemented as follows:

"Article 14.

1. Vietnamese citizens residing within the country who fall under the categories eligible for diplomatic passports or official passports as stipulated in Articles 6 and 7 of this Decree, when applying for diplomatic passports or official passports, shall submit one set of application documents to the Consular Department or the Ho Chi Minh City Department of Foreign Affairs (Ministry of Foreign Affairs) or at the provincial or centrally-administered city foreign affairs agencies according to the regulations of the Ministry of Foreign Affairs. The application documents include:

- An application form for diplomatic passports or official passports (in accordance with the prescribed format).

- A document (in accordance with the prescribed format) issued by the competent authority mentioned in Clause 1 of Article 32 of this Decree regarding the dispatch or permission to travel abroad, clearly stating that they are state-managed officials, civil servants, public employees, officers, professional military personnel within the state's payroll, receiving salaries from the state budget or the public service unit salary fund as provided by law.

- In cases where the applicant falls under the category of accompanying persons or visitors as stipulated in Clause 12 of Article 6 and Clause 4 of Article 7 of this Decree, in addition to the application form and proof of eligibility to accompany or visit, they must also submit a decision or written opinion of the competent authority where they work (if applicable) and a decision or written opinion of the Ministry of Foreign Affairs.

If the applicant is under 18 years old, additional copies of their birth certificate and identity card (for those aged 14 and above) must be submitted. All documents submitted must be originals for verification and comparison purposes.

2. When submitting the application documents, the applicant must pay the prescribed fee as regulated by the Ministry of Finance.

3. Time limit for processing passport applications: The passport issuing agency shall deliver the result to the applicant within no more than five working days from the date of receipt of complete application documents. In case of refusal to issue a passport, the applicant shall be notified in writing with the reasons specified.

6. Article 15 on the method of submitting applications for ordinary passports within the country is amended and supplemented as follows:

"Article 15.

1. Vietnamese citizens residing within the country applying for ordinary passports may submit their application documents and receive results at the immigration management agency according to one of the following methods:

a) Submitting application documents and receiving results directly at the immigration management agency of the provincial or centrally-administered city police department where they reside permanently or temporarily.

b) Sending application documents through postal services to the immigration management agency of the provincial or centrally-administered city police department where they reside permanently and requesting to receive results through postal services. The submission and receipt of documents through postal services shall be carried out according to procedures prescribed by the Ministry of Public Security and Vietnam Post Corporation.

c) Entrusting a legal entity organization or enterprise to submit application documents and receive results directly at the immigration management agency of the provincial or centrally-administered city police department where they reside permanently or at the Immigration Management Department, Ministry of Public Security. The entrustment shall be carried out according to the regulations of the Ministry of Public Security.

2. In urgent cases requiring expedited passports (as defined by the Ministry of Public Security), applicants may submit their application documents and receive results at the Immigration Management Department, Ministry of Public Security.

3. Application documents for passport issuance (one set):

a) For cases of direct submission of application documents as mentioned in point a and point c of Clause 1 of this Article:

- An application form for ordinary passports in accordance with the prescribed format. For children under 14 years old, their parents or guardians shall fill out and sign the form; if a parent wishes to have a child under 9 years old travel with them, they shall jointly fill out the form.

- A copy of the birth certificate of children under 14 years old. When submitting the application documents, the applicant’s valid identity card must be presented for verification and comparison; in cases of temporary residence, an additional temporary residence registration book issued by the competent authority must be presented.

b) For cases of submission of application documents through postal services as mentioned in point b of Clause 1 of this Article:

- An application form for ordinary passports in accordance with the prescribed format, certified by the Chief of the Police Station, Ward, Commune, or Town where the applicant is registered as a permanent resident.

- A copy of the valid identity card.

4. When submitting application documents, the applicant must pay the prescribed passport fee as regulated by the Ministry of Finance. In cases of submission through postal services, the fee must be paid together with the application documents and postage fees must be settled with the post office.

5. Time limit for processing application documents and delivering results:

a) For cases of direct submission of application documents at the immigration management agency of the provincial or centrally-administered city police department where the applicant resides permanently or temporarily as mentioned in Clause 1 of this Article, the immigration management agency shall deliver the result within no more than eight working days from the date of receipt of complete application documents.

b) For cases of direct submission of application documents at the Immigration Management Department as mentioned in Clause 1 and Clause 2 of this Article, the Immigration Management Department shall deliver the result within no more than five working days from the date of receipt of complete application documents.

6. The Chief of the Police Station, Ward, Commune, or Town where the citizen resides permanently shall bear legal responsibility for the contents certified in the application form for passport issuance of the citizen.

7. Legal entity organizations or enterprises entrusted by the applicant to submit application documents and receive results shall bear legal responsibility for accurately verifying the applicant, their identity card, and their application form.

7. Clause 1 of Article 16 on application documents for ordinary passports for children under 14 years old residing abroad is amended as follows:

"…

If a parent wishes to have a child under 9 years old travel with them, they shall jointly fill out the application form for ordinary passports.

8. Article 29 on the responsibilities of the Ministry of Transport is amended as follows:

"Article 29. The Ministry of Transport shall be responsible for:

1. Guiding procedures and steps for issuing and amending seafarers' passports.

2. Issuing and amending seafarers' passports; notifying the Ministry of Public Security of the list of personnel who have been issued or amended seafarers' passports immediately after issuance and the list of personnel who report the loss of seafarers' passports.

3. Providing the Ministry of Public Security with necessary information and documents about individuals and organizations violating regulations on issuing and using seafarers' passports for the Ministry of Public Security to handle.

9. Article 32 on the competent authority to dispatch or permit officials, civil servants, and management staff to go abroad shall be amended and supplemented as follows:

"Article 32.

1. The competent authorities to dispatch persons eligible for diplomatic passports and official passports as stipulated in Articles 6 and 7 of this Decree to go abroad include:

a) Belonging to the Communist Party of Vietnam:

- The Central Party Politburo;

- Central Party Committee Secretariat;

- Central Party bodies;

- Central Party Office;

- Provincial Party Committees under the Central;

- Other agencies established by the Central Party Politburo, the Secretariat, and the Central Committee of the Party.

b) Under the National Assembly:

- Standing Committee of the National Assembly;

- National Assembly's Ethnic Council;

- National Assembly Committees;

- Bureaus and Institutes of the Standing Committee of the National Assembly;

- National Assembly's Office;

- State Audit Office.

"5. Special-purpose Internet access service is an Internet service that connects through the Internet gateway of the SPDN to serve applications for guidance, management, and operation of central Party and State agencies on the SPDN."

d) Belonging to the Government:

- Prime Minister;

- Ministries, ministerial-level agencies, agencies under the Government, and other organizations established by the Government and the Prime Minister.

đ) Supreme People's Court;

e) Supreme People's Procuracy;

g) Belonging to local state agencies:

- People's Councils of provinces and centrally governed cities;

- People's Committees of provinces and centrally governed cities.

h) Vietnam Fatherland Front Central Committee;

i) Under central political-social organizations:

- Vietnam General Confederation of Labor;

- Vietnam Women's Union Central Committee;

- Ho Chi Minh Communist Youth Union Central Committee;

- Vietnam Farmers' Union Central Committee;

- Vietnam Veterans' Association Central Committee.

k) Associations where public officials are dispatched by competent authorities of the Party and State to hold key positions through rotation;

l) Chairman of the National Science and Technology Policy Council.

2. Heads of ministries, ministerial-level agencies, agencies under the Government, and public service organizations established by the Government may delegate their units to dispatch or permit officials, civil servants, and management staff to go abroad.

3. Heads of the competent authorities mentioned in Clause 1 of this Article shall be responsible for promulgating regulations on managing the going abroad of officials, civil servants, and management staff under their jurisdiction.

4. For personnel under the management of the Central Committee of the Party, relevant provisions shall apply.

Article 2. Implementation clause

1. This Decree takes effect from December 1, 2015.

2. Decree No. 65/2012/NĐ-CP dated September 6, 2012, amending and supplementing certain articles of Decree No. 136/2007/NĐ-CP dated August 17, 2007, of the Government on exit and entry of Vietnamese citizens shall cease to be effective from the date this Decree takes effect.

3. Ministers, heads of ministerial-level agencies, heads of agencies under the Government, and Chairmen of People's Committees of provinces and centrally governed cities are responsible for implementing this Decree./.