Decision No. 957/1997/QĐ-TTg improves departure procedures and addresses the issue of Vietnamese citizens who have departed but not returned within the prescribed time limit, applicable to citizens with departure needs, supervising authorities, border control forces, and those who have overstayed their period abroad. This decision aims to facilitate citizens and resolve the issue of illegal residence abroad thoroughly.
Scope of application
Vietnamese citizens with departure needs, supervising authorities (state agencies, political-social organizations, state-owned enterprises, armed forces units), and Vietnamese citizens who have departed but not returned within the prescribed time limit.
Key points
- Vietnamese citizens with departure needs shall be considered for issuance of passports according to the current regulations of the Government, using an appropriate type of passport based on the purpose of use.
- Supervising authorities are responsible for managing personnel and passports of officials, workers, and employees under their establishment when sending or sponsoring them abroad for official or personal purposes.
- Vietnamese citizens who have departed but not returned within the prescribed time limit must voluntarily apply to stay or remain abroad beyond the deadline set by the supervising authority (the deadline determined by the supervising authority). Within ninety days from the date of overstay, the supervising authority must complete procedures to remove them from the establishment and cut off benefits in the country.
- Vietnamese citizens who depart for foreign countries and do not return within the prescribed time limit may be protected in their Vietnamese citizenship rights if they report to the representative office of the Socialist Republic of Vietnam in that country, which will record the registration and notify the Ministry of Foreign Affairs, the Ministry of Public Security, and the supervising authority.
- Vietnamese citizens sent abroad for further training and upgrading of skills by the State or sponsored by foreign parties must compensate the State for training costs if they do not return within the prescribed time.
🌐 Social impact of this document
- Facilitate citizen departures and manage personnel and passports more effectively.
- Resolve the issue of illegal residence abroad thoroughly, protect the rights and interests of Vietnamese citizens abroad.
- Cut off benefits in the country for those who have overstayed, limit the occurrence of illegal residence.
❓ Frequently asked questions
How are Vietnamese citizens with departure needs issued passports?
Vietnamese citizens with departure needs shall be considered for issuance of passports according to the current regulations of the Government, using an appropriate type of passport based on the purpose of use (Article 1).
What must Vietnamese citizens who have departed but not returned within the prescribed time limit do?
Vietnamese citizens who have departed but not returned within the prescribed time limit must voluntarily apply to stay or remain abroad beyond the deadline set by the supervising authority (the deadline determined by the supervising authority). Within ninety days from the date of overstay, the supervising authority must complete procedures to remove them from the establishment and cut off benefits in the country (Article 3).
How can Vietnamese citizens who depart for foreign countries and do not return within the prescribed time limit be protected in their citizenship rights?
Vietnamese citizens who depart for foreign countries and do not return within the prescribed time limit may report to the representative office of the Socialist Republic of Vietnam in that country, which will record the registration and notify the Ministry of Foreign Affairs, the Ministry of Public Security, and the supervising authority (Article 4).
How must Vietnamese citizens sent abroad for further training and upgrading of skills compensate for training costs if they do not return within the prescribed time?
Vietnamese citizens sent abroad for further training and upgrading of skills by the State or sponsored by foreign parties must compensate the State for training costs if they do not return within the prescribed time (Article 5).
When does this decision take effect?
This decision takes effect fifteen days from the date of signature (Article 6).
Full text
DECISION OF THE PRIME MINISTER
On improving some procedures for departure from the country
and addressing the issue of Vietnamese citizens who have departed but have not returned on time
PRIME MINISTER
Pursuant to the Law on the Organization of the Government dated September 30, 1992;
To further improve the work of departure, to avoid inconvenience for the people, and to resolve definitively the situation of Vietnamese citizens, including cadres, workers, civil servants, and military personnel... currently residing and working illegally abroad, especially in former Soviet countries and Eastern Europe;
At the proposal of the Minister of Foreign Affairs, the Minister of Public Security, the Minister, Head of the Organization-Cadre Agency of the Government,
DECISION:
Article 1.
1. Vietnamese citizens who wish to depart for foreign countries (regardless of the type of citizen, purpose of departure, and destination country), if they have complete valid departure procedures, shall be considered for issuance of passports according to current regulations of the Government.
Depending on the purpose of each departure, citizens may only use a suitable passport (according to a fixed code number issued by the passport issuing authority).
2. Vietnamese citizens holding valid passports when departing abroad shall be exempted from exit visas and allowed to pass through international border gates of Vietnam.
Article 2.
1. Heads of state agencies, political-social organizations, state-owned enterprises, armed forces units... (hereinafter referred to as the managing agency) shall be responsible under the law for managing personnel and passports of cadres, workers, civil servants, and military personnel within their organization's establishment (including those under long-term labor contracts) when sending or sponsoring them abroad for official or personal purposes.
2. Border control forces at checkpoints shall be responsible for not allowing departure and confiscating passports of individuals prohibited from departure or not yet permitted to depart abroad; promptly transferring and submitting these passports for management at the Exit-Entry Management Department of the Ministry of Public Security.
3. The Ministry of Public Security shall take the lead in coordinating with relevant agencies to regularly or periodically review individuals prohibited from departure or temporarily not permitted to depart abroad and promptly notify border control forces at checkpoints.
Article 3. Cadres, workers, civil servants, and military personnel belonging to state agencies, political-social organizations, state-owned enterprises, and armed forces units who have departed abroad (regardless of the purpose and date of departure), if voluntarily requesting to stay abroad or failing to return on time (the deadline set by the managing agency according to the requirements of the agency and must be recorded in the dispatch document or confirmation of sponsorship for going abroad), then the managing agency must complete the procedures to remove them from the establishment and cut off domestic benefits (except those who have already received retirement benefits) no later than 90 days from the date of exceeding the deadline. If the person staying abroad is a member of the Communist Party of Vietnam, the managing agency has the responsibility to report to the same-level Party Committee for handling according to the Party Charter.
Article 4. Vietnamese citizens who depart abroad and fail to return on time, if they wish to enjoy the protection of Vietnamese citizenship rights, must report to the Vietnamese representative office abroad (nearest to their place of residence). The Vietnamese representative office abroad has the responsibility to record in the registration book, extend identity documents (if requested), and report back to the Ministry of Foreign Affairs, the Ministry of Public Security, and the managing agency (if they are cadres, workers, civil servants, or military personnel).
The Ministry of Public Security shall take the lead in coordinating with the Ministry of Foreign Affairs to stipulate procedures for extending and replacing identity documents for citizens according to the principle of unified, strict management, ensuring security and order, and facilitating citizens' legal residence and business activities in the host country.
Article 5. Cadres, research students, exchange students, interns... sent abroad for training and upgrading by the State to cover costs or sponsored by foreign countries according to agreements and arrangements between our country and foreign countries (excluding cases where foreign organizations send for training to work for them in Vietnam), if they fail to return on time, in addition to being handled according to the provisions of Articles 3 and 4 of this Decision, they must also compensate the State for training costs.
The Ministry of Finance shall take the lead, coordinating with the Ministry of Foreign Affairs, the Ministry of Education and Training, the Ministry of Science and Technology, and the Ministry of Planning and Investment to stipulate the amount of compensation, recovery measures, and repayment, including guarantees from relatives and deposits from the individual before departure (if deemed necessary).
Article 6. This Decision shall take effect 15 days from the date of signing. Previous regulations contrary to this Decision are hereby abolished. Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairmen of provincial and centrally-administered city People's Committees are responsible for implementing this Decision./.
Download
The original file of this document is being updated. Please read the full text and check back later.
Relations map
Click a document to open. A red border = a relation that changes validity.
Translations
This document is available in the following languages: