Laws of Vietnam

In furtherance of the Government?s Decree No. 05/2000/ND-CP of March 3, 2000 on exit and entry of Vietnamese citizens, the Ministry of Public Security and the Ministry for Foreign Affairs hereby jointly guide the granting, extension, supplementation and modification of general passports and laissez-passers to Vietnamese citizens as follows:

I. GENERAL PROVISIONS

1. This Circular guides the granting, extension, supplementation and modification of general passports and laissez-passers to Vietnamese nationals overseas.

2. The granting of laissez-passers to Vietnamese nationals in the countries which have signed treaties or agreements with Vietnam on the acceptance of Vietnamese nationals who are not permitted by such foreign countries to reside; and overseas Vietnamese, who repatriate under the Prime Minister?s Decision No.875/TTg of November 21, 1996, shall not be subject to this Circular.

3. The granting, extension, supplementation and modification of general passports and laissez-passers to Vietnamese nationals overseas aim to create favorable conditions for the residence and travel of Vietnamese citizens, provided that they are made in an accurate manner and in service of requirements of safeguarding national security and social order and safety.

4. Vietnamese nationals in foreign countries who apply for the granting, extension, supplementation and/or modification of passports must present themselves at diplomatic missions, consular offices or other agencies of Vietnam in such foreign countries, which are authorized to perform the consular function (hereinafter referred collectively to as representations) to file their dossiers and receive passports. In cases where persons who apply for passport granting, extension, supplementation and/or modification, are residing in countries where Vietnamese representations are not available or fail to personally file their dossiers or receive their passports due to their illness or other special reasons, the heads of the representations shall consider and decide to allow other persons to file dossiers or receive passports on the applicants? behalf on the basis of the latter?s written requests.

5. In case of security complexity, the representations shall grant passports or laissez passers only when it is so consented by the Exit and Entry Management Department under the Ministry of Public Security.

6. In this Circular, the following concepts shall be construed as follows:

- Papers evidencing the Vietnamese nationality include: certificate of Vietnamese nationality; decision on naturalization of Vietnamese nationality; decision on restoration of Vietnamese nationality; people?s identity card or passport granted by the competent Vietnamese agency.

- Papers certifying the applicant?s personal status, stuck with his/her sealed photograph and granted by the competent Vietnamese body(ies) include: people?s identity card; certificate of personal status (made according to the set form) with certification of the head of the police office of ward or commune, where his/her permanent residence is registered before his/her exit; certificate of personnel facts granted by the Exit and Entry Management Department - the Ministry of Public Security; his/her resume certified by the head of the competent body, if such person is currently an official or employee under such body?s management.

- Personal identifications of the passport applicant include: his/her full name as inscribed in his/her birth certificate, his/her date of birth, place of birth, sex, nationality, current address and permanent residence address in the country before his/her exit.

- Personnel facts of the passport applicant include: his/her personal identifications, photo and information on exit time, border-gate and form, details about exit and entry papers (type, serial number, issuing date and agency, duration), his/her relatives who have resided or are residing in Vietnam (full names, relationship, permanent residence duration and addresses), including relatives who have died.

II. GRANTING, EXTENSION, SUPPLEMENTATION AND MODIFICATION OF PASSPORTS AND LAISSEZ-PASSERS

1. Granting of passports to persons who have had no passports yet (first-time granting)

1.1. The dossier to be filed with a representation comprises:

- A declaration for passport granting application, stuck with the applicant?s photo as prescribed;

- Copies of papers evidencing his/her Vietnamese nationality;

- Copies of papers certifying the applicant?s personal status, stuck with his/her photo with overlapping seal thereon, and granted by competent Vietnamese agencies.

Upon filing copies of the aforesaid papers, the applicant shall have to produce the originals thereof for examination and comparison. In cases where he/she has no paper evidencing his/her Vietnamese nationality or paper certifying his/her personal status stuck with his/her photo with overlapping seal thereon and granted by the competent Vietnamese agency, the applicant shall file his/her resume as prescribed.

Persons who have been permitted by the host countries to reside therein shall submit together with the said papers their valid residence permits. In cases where persons have not yet been permitted by the host countries to reside, their declarations for passport granting application must clearly state their origin, as well as the duration, reasons and purposes of their residence in the host countries, accompanied by evidencing papers (if any).

1.2. Representations shall handle cases as follows:

a/ In cases where the applicants have papers evidencing their Vietnamese nationality, their personal identifications and declaration contents are complete and accurate, and they do not fall into the cases prescribed in Section III of this Circular, the representations shall, within 5 working days after receiving the complete and valid dossiers, grant passports to the applicants.

b/ In cases where the applicants have no paper evidencing their Vietnamese nationality nor papers certifying their personal status stuck with their photos with overlapping seals thereon and granted by competent Vietnamese agencies, the representations shall guide the passport applicants to make and file their resumes together with reference papers on nationality (in compliance with the Vietnamese legislation on nationality). The representations shall draw up a list of passport applicants? personnel facts and photos and send them to the Consular Department - the Ministry for Foreign Affairs. The Consular Department shall have to forward such list and photos to the Exit and Entry Management Department - the Ministry of Public Security for verification of personal status and to the functional bodies of the Ministry of Justice for verification of nationality (depending on verification requests). Within 40 days after receiving the list forwarded by the Consular Department, the Exit and Entry Management Department and the functional bodies of the Ministry of Justice shall have to consider and reply the Consular Department, so as the latter can reply the representations. The representations shall consider, handle and reply the passport applicants within 5 working days after receiving written reply from the Consular Department.

1.3. Passport applicants? relatives in Vietnam (parents, spouses, offspring, maternal and paternal grandparents, siblings, uncles or aunts by blood) may present themselves at the Exit and Entry Management Department or exit and entry management sections under the police offices of the provinces or centrally-run cities where they reside to request the certification of personnel facts of the passport applicants.

Within 40 days after receiving applications, the Exit and Entry Management Department shall consider and reply in writing, and at the same time notify the representations.

When Vietnamese nationals overseas file written declarations of passport granting application together with the Exit and Entry Management Department?s papers certifying their personnel facts, the representations shall, within 5 working days after completely receiving the said papers, consider and decide the cases.

1.4. The granting of passports to other special cases shall be reported by the representations to the Ministry for Foreign Affairs for consideration and decision, after the Ministry of Public Security certifies that there is no security problem and the principle that passports are granted only to Vietnamese citizens is observed.

2. Re-granting of passports due to loss thereof

2.1. A dossier filed with a representation comprises:

- A declaration for passport granting application stuck with the applicant?s photo as prescribed;

- A report on passport loss certified by the host country?s competent authority where the applicant reports the loss.

2.2. The representations shall handle cases as follows:

a/ After receiving reports on passport loss, the representations shall have to promptly notify personnel facts to:

- The agencies having granted such passports for checking and invalidation thereof;

- The Exit and Entry Management Department for notification to border-gates;

- The host countries? authorities with exit and entry management function.

b/ In cases where the lost passports have been granted by representations themselves, they shall check and compare them with dossiers they keep or dossiers for citizen registration, if personnel facts declared by passport re-granting applicants are verified to be accurate and fall beyond the cases prescribed in Section III of this Circular, the representations shall, within 5 working days after receiving complete and valid dossiers, re-grant passports.

c/ For other cases, representations shall send personnel facts together with photos of passport re-granting applicants to the agencies that have granted the lost passports for verification.

If the agencies requested to make verification admit that they have granted such passports, the representations shall, within 5 working days after receiving the verification result, re-grant passports.

If the agencies, which are requested to make verification, reply that they have not granted the lost passports, the representations shall not re-grant passports to the applicants and request clearer and more accurate declarations for consideration and handling according to the guidance at Point 1 of this Section. In case of re-consideration and settlement, the representations shall clearly notify reasons for settlement to the Consular Department and the Exit and Entry Management Department.

45 days after the representations request the verification, if the agencies which have granted passports make no reply, the heads of the representations shall consider and decide the cases.

2.3. Passport re-granting applicants? relatives in Vietnam (parents, spouses, offspring, maternal and paternal grandparents, siblings, uncles or aunts by blood) may present themselves at the Exit and Entry Management Department or exit and entry management sections under the police offices of the provinces or centrally-run cities where they reside to request the certification of personnel facts of passport re-granting applicants.

Within 40 days after receiving applications, the Exit and Entry Management Department shall consider and reply in writing, and at the same time notify such to the representations.

When Vietnamese nationals overseas file written declarations of passport re-granting application together with the Exit and Entry Management Department?s papers certifying their personnel facts, the representations shall, within 5 working days after receiving complete and valid dossiers, consider and decide the cases.

3. Re-granting of passports due to damage thereof (tear, stain...), no more blank page or expiry of use duration

3.1. The dossier filed with a representation comprises:

- A declaration for passport granting application stuck with the applicant?s photo as prescribed;

- Passport which is damaged, out of blank page or beyond the use duration.

3.2. Representations shall handle cases as follows:

a/ In cases where a passport is damaged, out of blank page or beyond its use duration, but the page on passport holder?s personal identifications and his/her photo is still intact without any erasure, or the photos stuck on the declaration and the old passport are truly of the applicant, and it does not fall into the cases prescribed in Section III of this Circular, the representation shall, within 5 working days after receiving a complete and valid dossier, re-grant the passport.

b/ In cases where a passport bears such abnormal signs as erasure and/or modifications on the page on passport holder?s personal identifications, change of the passport photo, change of pages, re-binding of passport, dimness or peeling off of the passport photo, the representation shall send an official letter together with a copy of such passport and passport photo to the agency that has granted such passport for verification. The content of the official letter requesting the verification must clearly show the said abnormal signs. If the verifying agency replies that it has not granted such passport, the representation shall not re-grant passport to the applicant and request the latter to make a clearer and more accurate declaration for its consideration and handling according to the guidance at Point 1 of this Section. In case of reconsideration and settlement, the representation shall clearly notify the reason(s) therefor to the Consular Department and the Exit and Entry Management Department.

Within 45 days after the representation sends a verification request, if no reply from the passport-granting agency is received, the representation?s head shall consider and decide the case.

In cases where a passport bears the above-mentioned abnormal signs, if the passport applicant can submit or produce papers evidencing his/her personal status accompanied by his/her photo with overlapping seal thereon issued by the Vietnamese competent agency, the representation shall settle the cases in compliance with the provisions at Point 3.2a of this Section.

c/ For the re-granted passports, the representations shall annotate on the new passports the following inscription "This passport replaces passport No...., issued by ... on ...," and at the same time cut off corners of pages of the old passports and return them to the re-grantees.

4. Extension, supplementation and modification of passports

4.1. Extension of passports:

a/ Within 12 months before a passport expires, if the passport holder needs to have his/her passport extended, he/she shall have to submit to the representation a declaration for passport extension application made according to the set form, together with his/her current passport.

b/ The representation shall handle cases as follows:

- If it determines that the extension applicant?s passport is still intact without any signs of erasure and/or modification on the page on passport holder?s personal identifications, change of the passport photo, change of pages or re-binding of the passport, or it is not involved in the cases specified in Section III of this Circular, the representation shall, within 5 days after receiving a complete and valid dossier, extend such passport.

- If the extension applicant?s passport bears such abnormal signs as erasure and/or modification on the page on passport holder?s personal identifications, change of the passport photo, change of pages or re-binding of passport, the representation office shall send an official letter together with copies of the passport and passport photo to the agency that has granted such passport for verification. The content of the official letter requesting the verification must clearly show the said abnormal signs. If the verifying agency replies that it has not granted such passport, the representation shall not extend but withdraw such passport and request a clearer and more accurate declaration for consideration and settlement according to the guidance at Point 1 of this Section. In case of reconsideration and settlement, the representation shall clearly notify the reason(s) therefor to the Consular Department and the Exit and Entry Management Department.

In cases where a passport bears the above-mentioned abnormal signs, if the passport applicant can submit or produce papers evidencing his/her personal status accompanied by his/her photo with overlapping seal thereon issued by the Vietnamese competent agency, the representation shall consider and decide to grant a new passport in replacement of the damaged old one, without verification by the agency that has granted such passport.

In complicated cases, the representations shall consult with the Exit and Entry Management Department for coordinated handling.

- For passports with expired use duration and those granted to under-16 persons, the representations shall not give extension, but guide the passport holders to carry out the passport re-granting procedures and settle the cases according to the provisions at Point 3 of this Section.

4.2. The supplementation and modification of passports:

a/ Passport supplementation and modification applicants shall have to submit to the representations written declarations for passport supplementation and/or modification application made according to the set form, together with their passports.

For the following cases, the copies of papers of legal value related to the contents requested to be supplemented or modified shall also be submitted, and at the same time, the originals thereof must be produced for comparison:

- Addition of children to their natural parents? passports. For adoptive parents or fosterers, the copies of the children?s birth certificates or copies of competent authorities? decisions recognizing the adoption or fosterage shall be submitted.

- Modification of personal identifications: family name, given name, middle name, date of birth, place of birth, etc., the copies of birth certificates, people?s identity cards or copies of decisions of People?s Committees of provinces (where they previously resided) permitting the renaming or correction of family name, given name, middle name, date of birth, place of birth, etc. shall be submitted, depending on each specific case.

b/ Representations shall handle cases as follows:

- If passports of supplementation or modification applicants are still intact, without erasure or modification on the pages on personal identifications, change or re-sticking of passport photos, and personal identifications written on the above-said papers are accurate, the representations shall make supplementation or modification within 5 working days after receiving the complete and valid papers.

- If there exists no ground to determine that personal identifications written on the above-said papers are accurate, the representations shall not supplement nor modify passports. If the applicants continue to request supplementation or modification, the representations shall send copies of such papers, clearly notifying inaccurate or doubtful details to the Consular Department for handling according to the provisions at Point 1.2b of this Section.

- They shall not add children to passports of persons who are neither their natural parents, adoptive parents nor foster persons. They shall not add children without Vietnamese nationality to passports of Vietnamese citizens.

- After making supplementation or modification of passports, the representations shall notify it to the agencies that have granted such passports.

5. Granting of laissez-passers

5.1. Laissez-passers shall be granted to the following persons who have no Vietnamese passports for their repatriation:

a/ Those who are expelled or forced to exit to Vietnam by the host countries? authorities;

b/ Those who must return home at the request of competent Vietnamese agencies;

c/ Those who wish to be granted papers for their return home.

5.2. Subjects specified at Point 5.1 of this Section shall have to submit to representations laissez-passer application forms made according to the set form and papers specified at Point 1.1 of this Section (if any).

5.3. Representations shall handle cases as follows:

a/ For cases specified at Point 5.1a, the representations shall send applicants? personal identifications and photos to the Consular Department. The Consular Department shall have to forward such documents to the Exit and Entry Management Department for verification. Verification results of the Exit and Entry Management Department shall be notified by the Consular Department to the representations for handling.

b/ For cases specified at Point 5.1b, the agencies which request the return of the involved persons shall have to discuss the cases in writing with the Consular Department and the Exit and Entry Management Department. The concerned representations shall grant laissez-passers to such persons only when the Consular Department or the Exit and Entry Management Department issue notices thereon.

c/ For cases specified at Point 5.1c, the representations shall handle them as follows:

- If there are papers evidencing them Vietnamese nationality, personal identifications and declared contents are complete and accurate and they do not fall within the cases specified in Section III of this Circular, the representations shall, within 5 working days after receiving complete and valid dossiers, grant laissez-passers.

- If there are no papers evidencing their Vietnam nationality but only the C.V resume or the declared contents contain doubtful details, the representations shall comply with the provisions at Point 1.2b of this Section.

d/ For cases specified at Points 1, 3, 4, 5 and 6, Section III of this Circular, the representations shall grant laissez-passers only when it is so consented in writing by the Exit and Entry Management Department.

e/ For persons granted laissez-passers for their return home as specified at Points 5.1a and 5.1b of this Section, the representations shall promptly supply information on time, means and flight numbers and border-gates for their entry to the Exit and Entry Management Department and the Consular Department for coordinated handling.

III. CASES WHERE PASSPORTS ARE TEMPORARILY NOT GRANTED, EXTENDED, SUPPLEMENTED OR MODIFIED

Passports shall not be granted, extended, supplemented or modified in the following cases, where:

1. It is for the reasons concerning Vietnam?s national security and social order and safety;

2. Applicants are currently residing in foreign countries as refugees;

3. Applicants? nationality, personal identifications and other declared details are unclear or there is no ground to determine that the declared contents are truthful;

4. Applicants falsify dossiers or make untruthful declarations in order to be granted passports or have their passports extended, supplementationed or modified;

5. Applicants buy, sell or lend passports or let other persons use their passports;

6. Applicants intentionally damage their passports.

IV. ORGANIZATION OF IMPLEMENTATION

1. After granting passports or laissez-passers, representations shall have to promptly notify the list of passport or laissez-passer grantees, clearly specifying their personal identifications and details of their passports or laissez-passers, to the Exit and Entry Management Department and the Consular Department.

2. When detecting that persons in cases specified in Section III of this Circular have been granted passports by themselves, representations shall withdraw such passports or announce the invalidation thereof. Passports granted by other agencies shall also be withdrawn and returned by the representations to the granting agencies. Immediately after withdrawing or seizing passports, representations shall notify such to the Consular Department and the Exit and Entry Management Department for coordinated handling.

3. The Exit and Entry Management Department shall have to:

a/ Guide the police offices of the provinces and centrally-run cities in carrying out the verification of and report on cases where Vietnamese nationals overseas apply for passport granting, extension, modification and supplementation specified in this Circular.

b/ Guide the implementation of regulations on requests by passport applicants? relatives in the country for certification of applicants? personal identifications.

c/ Set forms of "Application for certification of personal identifications", "Certificate of personal identifications" and "Certificate of personal status".

d/ Promptly consult opinions of the Consular Department and representations for solving problems arising in the course of implementing this Circular. Coordinate with the Consular Department in organizing inspections of implementation of this Circular at representations when so requested.

4. The Consular Department shall have to:

a/ Guide the Vietnamese representations and the External Affairs Department of Ho Chi Minh City in implementing this Circular.

b/ Assume the prime responsibility and coordinate with the Exit and Entry Management Department in setting forms of "Passport granting application declaration form," "Passport extension, supplementation or modification application declaration form," "Laissez-passer granting application declaration form," and "Resume."

5. Annually, representations shall have to preliminarily review the implementation of this Circular and send reports thereon to the Exit and Entry Management Department and the Consular Department.

6. This Circular takes effect 15 days after its signing and replaces Joint Circular No.02/1998/TTLT/BNV-BNG of May 19, 1998 of the Ministry of the Interior and the Ministry for Foreign Affairs. The previous joint stipulations and guidance of the Ministry of Public Security and the Ministry for Foreign Affairs which are contrary to this Circular are all hereby annulled.

For the Minister of Public Security
Vice Minister
NGUYEN VAN HUONG

For the Minister for Foreign Affairs
Vice Minister
NGUYEN VAN NGANH