Laws of Vietnam

THE MINISTER OF FOREIGN AFFAIRS

DECIDES:

Article 1.- To promulgate together with this Decision the Regulation on grant of identity cards to members of Vietnam-based diplomatic missions, consulates and international organizations' representative offices in replacement of the Regulation on grant of identity cards promulgated together with the Foreign Affairs Minister's Decision No. 1066/QD of June 20, 2000.

Article 2.- This Decision takes effect 15 (fifteen) days after its publication in "CONG BAO." All previous regulations which are contrary to this Decision are annulled.

Article 3.- The director of the Protocol Department, the director of the Ministry's Office, the directors of the External Relations Services of Ho Chi Minh City, Da Nang city and concerned localities, and heads of concerned units under the Ministry shall implement this Decision.

For the Minister of Foreign Affairs
Vice Minister
LE VAN BANG

I. General provisions

Article 1.- Identity cards may be granted to members of Vietnam-based diplomatic missions, consulates and representative offices of international organizations belonging to the United Nations system and inter-governmental international organizations outside the United Nations system (below referred to as international organizations' representative offices) and their family members who live together in households. Identity cards are of five kinds with different colors, and of 6.5 cm x 9.5 cm in size:

- "Diplomatic identity card" having pink patterns;

- "Consular identity card" having blue patterns;

- "Official identity card" having yellow patterns;

- "Honorary consul identity card" having light-grey patterns;

- (Ordinary) "identity card" having light-grey patterns.

Article 2.- Identity cards of the above kinds are computer-printed, each appended with an embossed seal "Ministry of Foreign Affairs - Protocol Department" or "Ministry of Foreign Affairs - External Relations Service of Ho Chi Minh City", overlapping the card holder's photo, and a red-ink seal "Ministry of Foreign Affairs - Protocol Department" or "Ministry of Foreign Affairs - External Relations Service of Ho Chi Minh City" on the signature of the person endorsing the grant of the identity card.

Article 3.- Identity cards are personal identification papers. When necessary, identity card holders may present these cards in substitution for passports to Vietnamese officials.

II. Regulations on the grant of identity cards of different kinds

Article 4.- Diplomatic identity cards may be granted to:

1. Diplomatic missions' diplomats with diplomatic passports indicating their diplomatic ranks; in case diplomatic ranks are not indicated in passports, diplomatic missions' introductory diplomatic notes are required;

2. Chief representatives and deputy-chief representatives of international organizations' representative offices, who hold United Nations' laissez-passers or national passports (of any kinds) which clearly indicate their position of chief representative or deputy-chief representative; in case those laissez-passers or passports do not clearly indicate such position, representative missions' introductory diplomatic notes are required;

3. Diplomatic title holders who are on payrolls of Hanoi-based diplomatic missions or international organizations' representative offices and sent to Ho Chi Minh City to take charge of economic, trade, cultural, scientific and technical affairs, etc.;

4. Spouses and children (offspring or adopted children) aged between 14 and 18 years, of officials defined in Clauses 1, 2 and 3 of this Article, who have their own passports (of any kinds) and live together with those officials in households, on the basis of diplomatic notes of the sending countries' Foreign Affairs Ministries or Vietnam-based foreign representative offices;

5. Foreign ambassadors extraordinary and plenipotentiary to Vietnam who do not regularly reside in Vietnam (part-time ambassadors to Vietnam).

1. Consular identity cards may be granted to:

a/ Consuls of consulates based in Ho Chi Minh City or other localities, who hold diplomatic passports indicating their consular-level ranks; in case consular-level ranks are not indicated in passports, representative offices' introductory diplomatic notes are required;

b/ Diplomatic title holders who are in charge of economic, trade, cultural, scientific or technical affairs, etc., and on payrolls of consulates based in Ho Chi Minh City and other localities;

c/ Spouses and children (offspring and adopted children) aged between 14 and 18 years, of officials defined in Clauses a and b of this Article who live together with those officials in households and have their own passports (of any kinds).

2. Honorary consul identity cards may be granted to honorable consuls.

3. Consular identity cards and honorary consul identity cards indicate consular zones of consular activities of consuls.

Article 6.- Official identity cards may be granted to:

1. Administrative and technical staff members of diplomatic missions, consulates and international organizations' representative offices, who hold diplomatic, official or ordinary passports (in case the sending countries do not issue official passports or issue passports of only one kind to their citizens);

2. Spouses and children (offspring and adopted children) aged between 14 and 18 years, of staff members defined in Clause 1 of this Article who have their own passports (of any kinds) and live together with those staff members in households, on the basis of diplomatic notes of the sending countries' Foreign Affairs Ministries or Vietnam-based foreign representative offices.

Article 7.- (Ordinary) identity cards may be granted to:

1. Service staff members of diplomatic missions, consulates and international organizations' representative offices, who hold ordinary passports;

2. Spouses and children (offspring and adopted children) of staff members defined in Clause 1 of this Article, who have their own passports and live together with those staff members in households;

3. Overseas Vietnamese who still have Vietnamese nationality while holding foreign passports (of any kinds), who are appointed as foreign diplomats, consuls, administrative and technical staff members, or consular staff members;

4. Spouses and children (offspring and adopted children) of the Vietnamese defined in Clause 3 of this Article, who hold foreign passports (of any kinds) and live together with those Vietnamese in households;

5. Children of diplomats, children of consuls, children of chief representatives and deputy-chief representatives of international organizations, and children of administrative and technical staff members, who are 18 years or older, regardless of kinds of passports they hold;

6. Private servants of members of representative offices, who are foreigners, regardless of kinds of passports they hold.

III. Organization of implementation

1. The Foreign Affairs Ministry's Protocol Department shall grant identity cards to all members of diplomatic missions, consulates and international organizations' representative offices based in Vietnam (excluding Ho Chi Minh City) and their family members who live together in households.

2. From January 1, 2008, the Ministry of Foreign Affairs shall authorize the External Relations Service of Ho Chi Minh City to grant identity cards to members of consulates and international organizations' representative offices based in Ho Chi Minh City;

3. The External Relations Services of Da Nang city and other localities do not grant identity cards to members of consulates and international organizations' representative offices based in their localities but shall receive and make dossiers of application for identity cards or residence registration for members of representative offices defined in this Article and their family members, then transfer those dossiers to the Foreign Affairs Ministry's Protocol Department for the grant of identity cards. Based on identity cards of new kinds, provincial/municipal External Relations Services shall grant duty-free goods purchase books to persons defined in Clause 3 of this Article;

4. Identity cards shall be granted to persons defined in Clauses 1, 2 and 3 of this Article on the principles of reciprocity and compliance with international practice.

1. A dossier of application for identity card and residence registration to be sent to the Foreign Affairs Ministry's Protocol Department comprises the representative office's diplomatic note, the applicant's passport and 3 color (of 3 x 4 cm size) photos (01 photo to be attached to the identity card and 02 others to the Protocol Department's 02 residence registration declaration forms);

2. Locally-based consulates and international organizations' representative offices shall send and receive dossiers of application for identity cards and residence registration through local External Relations Services.

1. For officials and staff members of diplomatic missions and international organizations' representative offices based in Hanoi, the time limit for grant of an identity card is 10 days from the date the Protocol Department receives a complete dossier according to regulations;

2. For officials and staff members of consulates and international organizations' representative offices based in Ho Chi Minh City, the time limit for grant of an identity card is 10 days from the date the municipal External Relations Service receives a complete dossier according to regulations;

3. For officials and staff members of consulates and international organizations' representative offices based in Da Nang city and other localities, the time limit for grant of an identity card is 15 days from the date the Protocol Department receives a complete dossier from a local External Relations Service according to regulations;

4. Identity cards which are lost for plausible reasons (as certified by local police agencies or administrations) shall be re-granted within 30 days from the date the Protocol Department receives applicants' request, attached with representative offices' diplomatic notes.

1. The director of the Protocol Department, the director of the Ministry's Office, the directors of the External Relations Services of Ho Chi Minh City, Da Nang city and concerned localities, and heads of concerned units under the Ministry shall implement this Decision.

2. Persons responsible for granting identity cards who commit acts of violating this Regulation shall, depending on the severity of their violations, be handled according to current law.