Thông tư 04/2020/TT-BNG

CIRCULAR

ON GUIDELINES FOR ISSUANCE, RENEWAL OR REVOCATION OF DIPLOMATIC OR OFFICIAL PASSPORTS AND ISSUANCE OF DIPLOMATIC NOTES REQUESTING VISAS FROM FOREIGN COUNTRIES

Pursuant to the Law on Entry and Exit of Vietnamese Citizens dated November 22, 2019;

Pursuant to the Government’s Decree No. 26.2017/ND-CP dated March 14, 2017 defining the functions, tasks, entitlements and organizational structure of the Ministry of Foreign Affairs, amended in 2020;

At the request of Director of Department of Consular;

The Minister of Foreign Affairs promulgates a Circular on guidelines for the issuance, renewal or revocation of diplomatic or official passports, and issuance of diplomatic notes requesting visas from foreign countries.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular provides guidelines for the issuance, renewal or revocation of diplomatic/official passports, and issuance of diplomatic notes requesting visas from foreign countries (hereinafter referred to as diplomatic notes) in accordance with the Law on Entry and Exit of Vietnamese Citizens (hereinafter referred to as Law).

Article 2. Authorities competent to issue, renew or revoke diplomatic/official passports and issue diplomatic notes requesting visas from foreign countries

1. Local authorities competent to issue, renew or revoke diplomatic/official passports and issue diplomatic notes requesting visas from foreign countries refer to Department of Consular and Department of Foreign Affairs of Ho Chi Minh City (hereinafter referred to as local issuing authorities).

2. Overseas authorities competent to issue, renew or revoke diplomatic/official passports and issue diplomatic notes requesting visas from foreign countries refer to diplomatic missions, consular agents and other agencies authorized to perform consular functions of Vietnam in foreign countries (hereinafter referred to as representative bodies).

Article 3. Validity of diplomatic/official passports

1. Passports issued in case of any damage or loss occurring during short-term business travels in foreign countries, under point a clause 1 Article 13 of the Law, are valid for 1 year; passports issued when their pages run out or they are expected to be renewed are valid for a minimum of 1 year and not longer than the validity of the preexisting ones.

2. Passports issued to those whose posts are changed, under point b clause 1 Article 13 of the Law are valid for a minimum of 1 year and not longer than the validity of the preexisting ones.

3. New passports or renewal passports issued to the persons under point d clause 1 Article 13 of the Law are valid for a minimum of 1 year and not longer than the validity of passports of persons who they accompany or visit.

Article 4. Assignment decision or written permission of sending officials abroad

1. An assignment decisions or written permission of sending official abroad (hereinafter referred to as assignment decision) must include the information outlined in the Form 02/2020/NG-XNC hereto appended. This decision must bear the signature of the competent person or duly authorized person and the seal of the sponsoring agency and comply with regulations of law on administrative document format.

If the assignment decision has at least two pages, the pages must be ordinally numbered and fan-stamped. If the assignment decision is a double-sided document, the first page must bear a seal (usually overlapping the name of agency) or fan stamping. If the assignment decision is amended, the competent person must bear the signature and seal at the amendment. If at least two amendments are made, a new assignment decision must be issued.

If the assignment decision is an electronic document, it must satisfy the applicable requirements relating to digital signature and e-documents.

2. An assignment decision may be an official dispatch of External Relations Committee of the Party Central Committee, the President's Office, Office of the National Assembly, or the Government's Office which notifies the list of delegates if the official on assignment is a member of delegate of General Secretary, the Standing board of Secretariat, Poliburo member, Secretary of Central Committee, the State President, the State Deputy President, National Assembly President, National Assembly Deputy President, the Prime Minister, the Deputy Prime Minister.

3. An assignment decision may be an official dispatch of Central Party Office, External Relations Committee of the Party Central Committee, the President's Office, Office of the National Assembly or the Government’s Office which grants approval for sending official abroad of the competent authority if the official on assignment is subject to management of Central Committee of the Communist Party.

4. In the case of a person who holds several official positions at different agencies, he/she must use the assignment decision issued by the agency to which his/her given official duties abroad are related.

Article 5. Authorization for assignment or permission of sending official abroad

1. The authorization granted to the head of affiliated entities for overseas assignment or permission under clause 11 Article 11 of the Law must be made in writing using the Form No. 04/2020/NG-XNC hereto appended.

2. The written authorization must bear the signature of the head or deputy head of the authority specified in clauses 1 through 10 Article 11 of the Law (hereinafter referred to as sending authority) and the seal of the sending authority. If the principal of the letter of authorization reaches end of his term of office, the successor must be issued with a new letter of authorization. If the letter of authorization is an electronic document, it must comply with regulations of law on digital signatures and e-documents.

If the regulation on management of sending officials abroad of the sending authority prescribed in Article 11 of the Law has stipulated the authorization or authorized the head of affiliated entity to send officials abroad through assignment or permission, this affiliated entity is not required to issue a letter of authorization; the affiliated entity must submit a letter of introduction of signature of the authorized person to the local issuing authority as prescribed in Article 6 of this Circular.

Article 6. Introduction of specimen seal, specimen signature and title

1. The sending authority or authorized sending authority as prescribed in clause 11 Article 11 of the Law must introduce in writing to the local issuing authority the specimen seal, specimen signature and title of the competent person using Form No. 03/2020/NG-XNC hereto appended before such an assignment decision is made.

2. The letter of introduction of specimen seal, specimen signature and title must bear the signature of the competent person and seal of the concerned authority.

3. If the assignment decision issued by the sending authority as prescribed in Article 11 is an electronic document, it must comply with regulations of law on digital signatures and e-documents.

Article 7. Application form for issuance or renewal of diplomatic/official passport, diplomatic note

1. An application form for issuance or renewal of diplomatic/official passport or diplomatic note is specified in form No. 01/2020/NG-XNC hereto appended or the e-application form with bar code, which is completed at http://dichvucong.mofa.gov.vn (public service website of the Ministry of Foreign Affairs).

2. An application form for issuance or renewal of diplomatic/official passport or diplomatic note must be duly complete following instructions therein and bear the signature of the applicant; the application form for issuance of diplomatic/official passport must further bear the certification of the employer of the applicant and a fan-stamping over the photograph therein.

In case of issuance of diplomatic/official passport to the visiting or accompanying person as prescribed in clauses 13 and 14 Article 8, clause 5 Article 9 of the Law but this person is not on the regular payroll of the employer of the sending official, the application form must bear the certification of such employer.

3. In case of renewal of diplomatic/official passport or issuance of diplomatic note, the application form needs no certification of the employer of the sending official.

Article 8. Title in diplomatic/official passport

1. The local issuing authority or representative body must, regarding those holding positions specified in clauses 2 through 10 Article 8 of the Law, state their Vietnamese titles in the diplomatic passports, unless the sponsoring authority requests not to state the title or for foreign affairs or national security reasons.

2. The local issuing authority or representative body must, regarding Minister of Foreign Affairs, Deputy Minister of Foreign Affairs, Assistant of Minister of Foreign Affairs, a foreign affairs member who has been awarded diplomatic rank, member of representative body, state press or news agency of Vietnam residing abroad and visiting or accompanying persons thereof as prescribed in clause 14, Article 8 and clause 5, Article 9 of the Law, state their Vietnamese and English titles in the diplomatic/official passports.

3. A holder of diplomatic/official passport may not arbitrarily state their title in the passport.

Chapter II

PROCEDURES FOR ISSUANCE, RENEWAL AND REVOCATION OF DIPLOMATIC/OFFICIAL PASSPORTS AND ISSUANCE OF DIPLOMATIC NOTES IN VIETNAM

Article 9. Receipt of application and returning of results of non-electronic passports and issuance of diplomatic notes via local foreign affairs agencies

The receipt of application and returning of results of non-electronic passports and issuance of diplomatic notes must be made at foreign affairs agencies in provinces and central-affiliated cities (hereinafter referred to as local foreign affairs agencies) based on written authorizations of the Ministry of Foreign Affairs as follows:

1. The local foreign affairs agency shall receive and verify if an application for issuance or renewal of diplomatic/official passport and issuance of diplomatic note is complete and valid.

2. The local foreign affairs agency shall, in person or by post, transfer the application enclosed with the fee to the local issuing authority and receive the result thereafter. The local foreign affairs agency will use public postal services as guided by the Ministry of Foreign Affairs.

3. Following receipt of result from the local issuing authority, the local foreign affairs agency shall verify information and return the result to the applicant.

Article 10. Receipt of application and returning of result of electronic passports

1. The receipt of application and returning of result of electronic diplomatic/official passports shall be made at local issuing authorities.

2. The local foreign affairs agencies shall cooperate in processing the application and returning of result of electronic diplomatic/official passports in accordance with applicable law and guidelines of the Ministry of Foreign Affairs.

Article 11. Guidelines for application for issuance or renewal of diplomatic/official passport, issuance of diplomatic notes in Vietnam

1. The applicant for issuance of diplomatic/official passport shall submit an application form as prescribed in Article 7 hereof, 02 portrait photographs and relevant documents as prescribed in clause 2 Article 12 of the Law.

In case of loss of the passport, the applicant shall further submit an original notification of passport loss using Form No. 05/2020/NG-XNC hereto appended.

In case of application for issuance of diplomatic/official passport with modification to the applicant’s record or title, the applicant must further submit a certification of the sponsoring authority and documents in support of the modification.

2. The applicant for renewal of diplomatic/official passport shall submit an application form as prescribed in Article 7 hereof and relevant documents as prescribed in clause points a and d Article 12 of the Law.

3. The applicant for issuance of diplomatic note under Article 12 of the Law shall submit the following:

a) 01 application form under clause 1 Article 7 hereof;

b) The passport valid for more than 06 months since the expected date of exit;

c) 01 original of assignment decision under Article 4 hereof;

d) 01 copy of letter of invitation (if any).

Article 12. Procedures for issuance, renewal, revocation of diplomatic/official passports in Vietnam

1. Receipt:

The local issuing authorities shall receive applications; verify the application and database of diplomatic/official passports.

If the application is complete and valid as per clause 2 Article 12 of the Law, the local issuing authority shall issue a note of receipt acknowledgement and appointment of returning result using Form No. 06/2020/NG-XNC hereto appended. If the application is not complete, the receiving authority shall receive the application and issue a note of guidelines for completing application using Form No. 07/2020/NG-XNC hereto appended. If the application is not valid, the receiving authority shall reject it and issue a note of rejection using Form No. 08/2020/NG-XNC hereto appended.

In case of application for initial issuance of electronic diplomatic/official passport, the receiving authority shall take a photo and collect fingerprints of the applicant as guided by the Ministry of Foreign Affairs.

In case of application for renewal of electronic diplomatic/official passport, the receiving authority shall instruct the applicant to make an application for issuance of new electronic passport.

2. Processing:

a) In case of application for issuance of diplomatic/official passport, the local issuing authority shall process it within 05 business days after receiving the complete and valid application as prescribed in clause 4 Article 12 of the Law; in case of application for renewal of diplomatic/official passport or issuance of diplomatic note, the local issuing authority shall process it within 02 business days after receiving the complete and valid application.

b) In case of the application under Article 9 hereof, within 02 business days after receiving a valid and complete application, the local foreign affairs agency shall forward it to the local issuing authority. In case of the application for issuance of diplomatic/official passport, the local issuing authority shall process it within 03 business days after receiving the valid and complete application; in case of the application for renewal of diplomatic/official passport or issuance of diplomatic note, the local issuing authority shall process it within 02 business days after receiving the complete and valid application.

3. If the diplomatic/official passport of the applicant is still valid, the local issuing authority shall revoke it before issuing a new passport. For a visiting or accompanying person under clause 14 Article 8 and clause 5 Article 9 of the Law, the local issuing authority shall issue a new passport, state the title and do not revoke the old passport.

4. If the applicant’s passport is lost, the local issuing authority shall revoke it as prescribed in clause 1, Article 28 of the Law.

5. Returning result:

The receiving authority shall return the result to the person named in the note of receipt acknowledgement and appointment of returning result. If the person who receives the result is not the one named in that note, a letter of recommendation issued by the sponsoring body and identity papers must be presented.

Article 13. Issuance of diplomatic/official passports in special cases

1. In case of application for issuance of diplomatic/official passport under clause 15 Article 8 and clause 6 Article 9 of the Law, apart from the documents specified in Article 11 hereof, the applicant must further submit 01 original request sent to the Ministry of Foreign Affairs by the sending authority stating the reason for the said application.

2. The local issuing authority shall consider issuing a diplomatic/official passport for suitable validity period or rejecting the application.

Chapter III

PROCEDURES FOR ISSUANCE, RENEWAL AND REVOCATION OF DIPLOMATIC/OFFICIAL PASSPORTS AND ISSUANCE OF DIPLOMATIC NOTES OVERSEAS

Article 14. Guidelines for application for issuance or renewal of diplomatic/official passport, issuance of diplomatic notes overseas

1. The applicant for issuance of diplomatic/official passport shall submit an application form as prescribed in Article 7 hereof with no certification required, 02 portrait photographs and relevant documents as prescribed in clause 3 Article 13 of the Law.

2. An application for issuance of diplomatic note overseas shall comply with clause 3 Article 11 hereof.

Article 15. Procedures for issuance, renewal, revocation of diplomatic/official passports overseas

1. Receipt:

If the application is valid and complete under clause 2 Article 13 of the Law, the representative body shall issue a note of receipt acknowledgement and appointment of returning result using Form No. 06/2020/NG-XNC hereto appended. If the application is not complete and valid, the representative body shall provide guidelines for completing the application; if the applicant is not eligible, the representative body shall issue a note of rejection using Form No. 08/2020/NG-XNC hereto appended.

In case of application for initial issuance of electronic diplomatic/official passport, the representative body shall take a photo and collect fingerprints of the applicant.

In case of application for renewal of electronic diplomatic/official passport, the representative body shall instruct the applicant to make an application for issuance of new electronic passport.

2. The representative body shall issue and renew passports, issue diplomatic notes, revoke passports and return results based on verification of national database of entry and exit of Vietnamese citizens as prescribed in clause 5 Article 13 and clause 1 Article 28 of the Law.

In the event that the connection to database of passport issuance of the Department of Consular  is interrupted, the representative body shall comply with Clause 3 of this Article.

3. Regarding the application for issuance or renewal of diplomatic/official passport to those specified in points a through d clause 1 Article 13 of the Law in a case where the connection to database of passport issuance of the Department of Consular  is interrupted,

a) Except for the cases specified at Point b, Clause 3 of this Clause, within 01 business day from the day on which the valid and complete application is received, the representative body shall send personal details including full name, date of birth, place of birth, gender, nationality (with photo) of the applicant for passport issuance or renewal to the Department of Consular , co-send to the agency issuing the old passport (if the passport is issued at another representative agency or at the Department of Foreign Affairs of Ho Chi Minh City) for verification.

b) Regarding the cases specified at Points b and c, Clause 1, Article 13 of the Law or issuance of diplomatic/official passports to spouses, children under 18 years of age to visit or accompany under Point d Clause 1 Article 13 of the Law, the representative body shall implement the passport issuance under the decision or notice of the Ministry of Foreign Affairs.

In case of overseas newborn of a member of representative body, overseas news or press agency of Vietnam, the representative body shall issue a diplomatic/official passport to the applicant as prescribed in clause 2 and point a clause 3 Article 13 of the Law.

If the diplomatic/official passport is lost or damaged as prescribed in clause point a clause 1 Article 13 of the Law, the head of the representative body may issue a diplomatic/official passport immediately without further verification and shall be held accountable for such issuance if it finds just cause to assert the authenticity of records and information on the lost or damaged diplomatic/official passport and information on the business trip of the applicant.

After issuing the diplomatic/official passport, the representative body shall notify the local competent authority as prescribed in point e hereunder.

c) If the case needs further verification, within 03 business days after receiving a request for verification, the previous issuing authority shall give a response to the Department of Consular and the representative body which receives the application for issuance or extension of diplomatic/official passport.

If the Department of Consular is the previous issuing authority, it must give a response stating opinions about the issuance or extension of new diplomatic/official passport.

d) Within 02 business days after receiving a response of verification, the Department of Consular shall notify opinions of issuance or extension of diplomatic/official passport to the representative body which receives the application for issuance or extension of diplomatic/official passport.

dd) Within 01 business day after receiving a response from the Department of Consular, the representative body shall issue or extend the diplomatic/official passport; if the application is rejected, the representative body shall provide explanation in writing. If the diplomatic/official passport remains valid but the applicant applies for a new passport, the representative body shall revoke the old passport before issuing a new passport.

e) After issuing the passports, the representative body shall communicate in writing to Department of Consular the list of holders of diplomatic/official passports, clearly indicating record, passport number, issue date, expiry date of old and new passports, validity period of new passport, reason for issuance and title of holder.

g) The representative body shall, after revoking lost passports, notify the revocation to the competent authority of host country and communicate in writing to Department of Consular of the list of holders of lost passports.

4. In case of applications for issuance or extension of diplomatic/official passport as prescribed in clause 15 Article 8 and clause 6 Article 9 of the Law

a) Within 03 business days after receiving a valid and complete application, the representative body shall issue or extend the diplomatic/official passport according to the opinions of Department of Consular.

b) If the connection to database of passport issuance of the Department of Consular is interrupted, the representative body shall communicate in writing to Department of Consular of the list of holders of passports, clearly indicating record, passport number, issue date, expiry date of old and new passports, validity period of new passport, reason for issuance and title of holder.

5. In case of application for issuance of diplomatic note

Within 02 business days after receiving valid and complete application, the representative body shall issue either a diplomatic note or a note of rejection with explanation to the applicant.

6. Returning result

The representative body shall return the result to the person named in the note of receipt acknowledgement and appointment of returning result. If the person named in the note of receipt acknowledgement and appointment of returning result cannot receive the result in person, the authorized person must submit a letter of authorization and present identity papers for comparison.

Chapter IV

KEEPING OF DOCUMENTS

Article 16. Documents to be kept

1. Documents to be kept include applications for issuance, extension and revocation of diplomatic/official passports and issuance of diplomatic notes and logbooks printed from the passport-related software. Local issuing authorities and representative bodies shall keep the documents as per the law.

2. Local issuing authorities and representative bodies shall digitalize the documents as per the law, except confidential documents.

Article 17. Storage of documents

1. Applications for issuance, extension and revocation of diplomatic/official passports and issuance of diplomatic notes shall be ordinally numbered and stored within 08 years.

2. The logbook of issuance and extension of diplomatic/official passports and issuance of diplomatic notes shall be stored permanently.

Chapter V

IMPLEMENTATION

Article 18. Issuance of forms

1. Issued herewith 08 forms below:

a) Application form for issuance and extension of diplomatic/official passport or diplomatic note (form No. 01/2020/NG-XNC);

b) Written permission of sending official, commissioned officer, professional soldier abroad (form No. 02/2020/NG-XNC);

c) Letter of introduction of specimen seal, specimen signature of sending authority and competent person sending official, commissioned officer, professional soldier abroad (form No. 03/2020/NG-XNC);

d) Letter of authorization to send official, commissioned officer, professional soldier abroad (form No. 04/2020/NG-XNC);

e) Notification of lost diplomatic/official passport (form No. 05/2020/NG-XNC);

g) Note of receipt acknowledgement and appointment of returning result (form No. 06/2020/NG-XNC).

h) Request for completion of application (form No. 07/2020/NG-XNC).

i) Note of rejection of application (form No. 08/2020/NG-XNC).

2. Forms stated in clause 1 hereof are posted at http://dichvucong.mofa.gov.vn (the Ministry of Foreign Affairs) or http://lanhsuvietnam.gov.vn (Department of Consular) for reference.

Article 19. Entry in force

1. This Circular comes into force as of November 10, 2020 and supersedes Circular No. 03/2016/TT-BNG dated June 30, 2016 of the Minister of Foreign Affairs on guidelines for issuance, extension and amendments to diplomatic/official passports and issuance of diplomatic notes.

2. Difficulties arising during implementation shall be reported to the Ministry of Foreign Affairs for consideration./.