Thông tư 02/2013/TT-BNG

CIRCULAR

GUIDING THE GRANTING, EXTENSION, AMENDMENT AND SUPPLEMENTATION OF DIPLOMATIC PASSPORTS, OFFICIAL PASSPORTS AND GRANTING OF DIPLOMATIC NOTES FOR VISA APPLICATION

Pursuant to the Government’s Decree No. 136/2007/ND-CP dated August 17, 2007, on exit and entry of Vietnamese citizens (hereinafter referred to as Decree 136);

Pursuant to the Government’s Decree No. 65/2012/ND-CP dated September 06, 2012, amending and supplementing a number of Article of the Decree No. 136/2007/ND-CP (hereinafter referred to as Decree 65);

Pursuant to the Government’s Decree No. 15/2008/ND-CP dated February 04, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Foreign Affairs;

The Ministry of Foreign Affairs guides the granting, extension, amendment and supplementation of diplomatic passports, official passports and granting of diplomatic notes for visa application as follows:

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular guides competence, subjects of and procedures for the granting, extension, amendment and supplementation of diplomatic passports, official passports as prescribed in Decree 136 and Decree 65, granting of diplomatic notes to request foreign competent agencies for visa application to Vietnamese citizens.

Article 2. Agencies competent to the granting, extension, amendment and supplementation of diplomatic passports, official passports and granting of diplomatic notes

1. Domestic agencies grant, extend, amend and supplement of diplomatic passports, official passports and grant the diplomatic notes include the Consular Department under the Ministry of Foreign Affairs and the Department of External Affairs in Ho Chi Minh City (hereinafter collectively referred to as domestic agencies granting passport).

2. Overseas agencies grant, extend, amend and supplement of diplomatic passports, official passports and grant the diplomatic notes include the diplomatic missions, the consulates and other agencies to perform the consular function of Vietnam in foreign countries (hereinafter collectively referred to as the representative missions).

Article 3. Time limit of diplomatic passports and official passports

1. The granted diplomatic passports, official passports as prescribed in Clause 12 Article 3 and Clause 5 Article 7 of the Decree 136 amended and supplemented according to Clause 4 Article 1 of the Decree 65 will be valid for 01 year minimally from the day of issue and may be extended once with the prolonged duration not exceeding the first time limit of those passports and not more than 03 years.

2. The diplomatic passports, official passports that are granted to children under 18 years old as prescribed in Clause 11 Article 6 and Clause 4 Article 7 of the Decree 136 amended and supplemented according to Clause 4 Article 1 of the Decree 65 will be valid for 01 year minimally from the day of issue until those children are enough 18 years old and not exceeding 05 years.

Article 4. The documents on sending or permission for cadres, civil servants to go abroad

1. The documents on sending or permission for cadres, civil servants, officers, professional soldiers to go abroad (hereinafter referred to as the documents on sending persons abroad) must have full content under the form 03/XNC promulgated together with this Circular and must be signed directly by competent persons or delegated persons, with seal of agencies.

2. The documents on sending persons abroad of two pages or more must be marked ordinal number and affixed with an integrity seal between the pages. In case of amending and supplementing, competent person must directly sign with a seal on amended and supplemented position. If two contents or more are amended and supplemented, it must issue new documents.

3. For official members, entourage in delegations of General Secretary, Standing Secretary Committee, Commissioners of Political Bureau, Secretary of Central Party, State President, Vice-President, Chairman of National Assembly, Deputy Chairman of National Assembly, Prime Minister, Deputy Prime Minister, the documents on sending persons abroad are official dispatches notifying list of delegations made by the Foreign Affair Committee of Central Party, Office of State President, Office of National Assembly, Office of Government.

4. For persons under management of the Executive Board of Central Party, heads of the Vietnam union of friendship organizations, the Vietnam Alliance of arts and literature associations, the Vietnam union of science and technical associations, the Vietnam Cooperative Alliance and The Vietnam Chamber of Commerce and Industry, the documents on sending persons abroad are official dispatches of the External Affair Committee of Central Party, Office of State President, Office of National Assembly or Office of Government which notify opinion agreeing with permission to go abroad of competent authorities.

5. For spouses accompanied the trip for work, using the documents on sending person abroad of persons in subjects specified from Clause 1 thru Clause 8 Article 6 of the Decree 136 amended and supplemented according to Clause 3 Article 4 of the Decree 65, in which clearly stating these persons are entitled to accompany with spouses in trip for work. This provision also applies to spouses and children under 18 years old who go for visit or accompany with reporters of state news agencies and press agencies which are residing abroad.

6. For spouses and children under 18 years old who go for visit or accompany with members of representative missions, the documents on sending person abroad are written consensus of the Department for Organization and Personnel under the Ministry of Foreign Affairs. In case of spouses being cadres, civil servants, public employees, the Department for Organization and Personnel under the Ministry of Foreign Affairs shall solve on the basis of official dispatch on permission to go abroad of agencies, organizations directly managing personnel.

Article 5. The documents of authorization for sending or permission for cadres, civil servants to go abroad

1. The authorization for the affiliated units in sending or permission for cadres, civil servants to go abroad as prescribed in Clause 2 Article 32 of the Decree 136 amended and supplemented according to Clause 9 Article 1 of the Decree 65 must be made in writing according to the form 05/XNC enclosed with this Circular.

2. Heads of Committees attached Central Party; Secretary of the provincial Party, municipal Party; heads of Ministries, Ministerial-level agencies, Government-attached agencies and public non-business organizations established by Government; President of the Supreme People’s Court, President of the Supreme People’s Procuracy; chairpersons of People’s Councils, chairpersons of People’s Committee of provinces and centrally-affiliated cities and provinces must directly sign with seals of agencies on the written authorization.

Article 6. Introduction of model seal, model signature and position

1. Agencies competent to sending or permission for cadres, civil servants, officers, professional soldiers to go abroad and the authorized agencies as prescribed in Clause 2 Article 32 of the Decree 136 amended and supplemented according to Clause 9 Article 1 of the Decree 65 must have a advance introduction in writing to the domestic agencies granting passports about model seal of agencies, model signature and position of competent persons according to the form 04/XNC enclosed with this Circular.

2. The written introduction of model seal, model signature and position must be signed directly by competent persons and with seal of agencies.

Article 7. Declaration for granting of diplomatic passports, official passports and diplomatic note for visa application

1. Declaration for granting of diplomatic passports, official passports and diplomatic note for visa application according to form 01/XNC may be made on the printed documents or made online on the electronic portal of consular mission at address www.lanhsuvietnam.gov.vn, after that printed out, signed and certified in accordance with Clause 2 of this Article.

2. Declaration for granting of diplomatic passports, official passports and diplomatic note for visa application must be fully filled in declaration, be directly signed by the applicant and certified by agencies, organizations directly managing personnel and affixed with an integrity seal between picture and declaration.

For spouses accompanied in trip for work; spouses and children under 18 years old who go for visit or accompany with members of representative missions, reporters of state news agencies and press agencies which are residing abroad, who are not under payroll of any agency or organization, the declaration must be certified by agencies, organizations directly managing personnel of persons who were sent abroad for work.

For applicants for granting of diplomatic passports, official passports possessing old diplomatic passports, official passports and diplomatic note which are still valid and having no change about agencies or organizations directly managing personnel in comparison with the previous time of granting passport, as well as having no change of agencies granting passport, it is not required to be certified by agencies, organizations directly managing personnel on declaration. This provision also applies to cases of only requesting for grant of diplomatic note.

Article 8. Titles in diplomatic passports and official passports

1. The domestic agencies granting passport or representative missions shall inscribe the titles in Vietnamese on the diplomatic passport for persons keeping titles specified in from Clause 2 thru Clause 8 Article 6 of the Decree 136 amended and supplemented according to Clause 3 Article 1 of the Decree 65, unless the management agencies suggest to not inscribe tittles or due to reasons of external affairs or national security.

2. The domestic agencies granting passport or representative missions shall inscribe the titles in Vietnamese and English on diplomatic passports, official passports of the Minister of Foreign Affairs, Deputy Ministers of Foreign Affairs, Assistants of Minister of Foreign Affairs, officers of Foreign Affairs who have been conferred diplomatic titles , members of representative missions, state news agencies and press agencies of Vietnam which are residing abroad and persons who go for visit, accompany specified in Clause 11 Article 6 and Clause 4 Article 7 of the Decree 136 amended and supplemented according to Clause 4 Article 1 of the Decree 65.

3. The holders of diplomatic passports and official passports do not arbitrarily inscribe the titles on passports.

Chapter 2.

PROCEDURES FOR THE GRANTING, EXTENSION, AMENDMENT AND SUPPLEMENT OF DIPLOMATIC PASSPORTS, OFFICIAL PASSPORTS AND GRANTING OF DIPLOMATIC NOTES DOMESTICALLY

Article 9. The receipt of dossier and returning of result through the local foreign affairs agencies

The receipt of dossier and returning of result of the granting, extension, amendment, supplementation of diplomatic passports and official passports and granting of diplomatic note through the provincial Departments/divisions (hereinafter referred to as the local foreign affairs agencies) as prescribed in Clause 1 Article 14 of the Decree 136 amended and supplemented according to Clause 5 Article 1 of the Decree 64 shall perform as follows:

1. The local foreign affairs agencies receive dossier requesting for the granting, extension, amendment and supplement of diplomatic passports, official passports and granting of diplomatic notes.

2. The local foreign affairs agencies forward dossier enclosed with fee to the domestic agencies granting passport. In case of transferring dossier through post office, it may be performed by delivery enterprises which are designated by the Ministry of Foreign Affairs and enclosed with post charges.

3. After receiving result from the domestic agencies granting passport, the local foreign affairs agencies shall return result to concerned persons.

Article 10. Dossier requesting for the granting of diplomatic passports and official passports

The applicant for the granting of diplomatic passports and official passports shall submit 01 set of dossier including:

1. 01 declaration as prescribed in Article 7 of this Circular.

2. 03 pictures taken alike, at size of 4 x 6 cm, taken on white-background, with straight-looking eyes, bare head, without bearing color glasses, wearing casual costume, time of taking picture not ago longer than 01 year, in which 01 picture stuck on declaration and 02 pictures enclosed.

3. 01 original documents on sending persons abroad as prescribed in Article 4 of this Circular.

4. 01 copy of birth certificate or adoption certificate for children under 18 years old who go for visit or accompany (presenting original for comparison).

5. 01 copy of ID card or certificate of armed forces (for armed forces);

6. Diplomatic passports or official passports shall be granted for 08 years (if any). In case of passport loss, submitting 01 original notification about lost passport (according to the form 06/XNC enclosed with this Circular).

Article 11. Dossier requesting for the extension of diplomatic passports and official passports

The applicant for the extension of diplomatic passports and official passports shall submit 01 set of dossier including:

1. Diplomatic passports or official passports which are still valid less than 06 months;

2. 01 origin documents on sending persons abroad as prescribed in Article 4 of this Circular.

Article 12. Dossier requesting for the amendment, supplementation of diplomatic passports and official passports

The applicant for the amendment, supplementation of diplomatic passports and official passports shall submit 01 set of dossier including:

1. 01 declaration according to the form 02/XNC (may be made on the printed documents or online on the electronic portal of consular mission at address www.lanhsuvietnam.gov.vn, after that printed out, and signed directly).

2. Diplomatic passports or official passports which are still valid.

3. 01 copy of documentary evidence for the necessity of amending, supplementing passports (presenting original for comparison).

4. 01 original documents on explanation made by competent agencies specified in Clause 1 and Clause 2 Article 32 of the Decree 136 amended and supplemented according to Clause 9 Article 1 of the Decree 65 in case where the suggest for amendment, supplementation is different from dossier of the granting of passport.

Article 13. Dossier requesting for the granting of diplomatic note for visa application

The applicant for the granting of diplomatic note for visa application shall submit 01 set of dossier including:

1. 01 declaration as prescribed in Article 7 of this Circular.

2. Passports which are still valid more than 06 months from the day estimated for exit;

3. 01 origin documents on sending persons abroad as prescribed in Article 4 of this Circular.

4. 01 copy of letter (if any).

Article 14. Order of settlement

1. Receipt of dossier:

If a dossier is full and valid as prescribed in Clause 1 Article 14 of the Decree 136 amended and supplemented according to Clause 5 Article 1 of the Decree 65 and provisions from Article 10 thru Article 13 of this Circular, the agencies receiving dossier (the domestic agencies granting passport or the local foreign affairs agencies) shall issue a receipt (according to form 07/XNC), collect fee and issue a voucher. If a dossier is insufficient and invalid, the agencies receiving dossier shall guide supplementation and completion of dossier.

2. The handling time limit:

a) In case where dossier is submitted directly at the granting-passport agencies, within 05 working days, after receiving a full and valid dossier, the domestic granting-passport agencies shall conduct the granting, extension, amendment and supplement of diplomatic passports, official passports or/and granting of diplomatic notes. In case of only amending, supplementing passports or granting diplomatic note, the time limit for settlement will not exceed 02 working days.

b) In case where dossier is submitted at the local foreign affairs agencies, within 02 working days, after receiving a full and valid dossier, the local foreign affairs agencies must forward dossier to the domestic granting-passport agencies. Within 03 working days, after receiving dossier, the domestic granting-passport agencies shall conduct the granting, extension, amendment and supplement of diplomatic passports, official passports or/and granting of diplomatic notes. In case of only amending, supplementing passports or granting diplomatic note, the time limit for settlement will not exceed 02 working days.

c) In case of online declaration, the time limit for settlement will be 01 working day after the domestic granting-passport agencies receive a full and valid dossier. For delegation with quantity of 50 persons or more, the time limit for settlement will be 05 working days.

3. In case of submitting diplomatic passports, official passports which are valid, before granting new passport, the domestic granting-passport agencies shall do procedures for cancelling valid of such passports. For case of visiting members of the representative missions, the state news agencies, press agencies residing abroad, the domestic granting-passport agencies shall grant new passport inscribed the titles and not cancel the old passports.

In case of having written notification about passport loss, the domestic granting-passport agencies shall do procedures for cancelling value of old passports to relevant agencies.

4. Returning result:

The receiving-dossier agencies shall return result to person named in the receipt. In case where the person named in receipt is not the person granted, extended, amended, supplemented the diplomatic passport, official passport or/and granted diplomatic note, he/she must present ID card for examination.

Article 15. The granting of diplomatic passports and official passports in special cases

1. In case of requesting for granting of diplomatic passports, official passports as prescribed in Clause 12 Article 6 and Clause 5 Article 7 of this Decree 136 amended, supplemented as prescribed at Clause 4 Article 1 of the Decree 65, apart from dossier as prescribed in Article 10 of this Circular, it is required to supplement 01 original of written request made by competent agencies specified in Clause 1 Article 32 amended and supplemented as prescribed in Clause 9 Article 1 of the Decree 65, in which clearly stating reason thereof.

2. Within 05 working days, after receiving a full and valid dossier, the domestic granting-passport agencies shall consider and grant diplomatic passports, official passports with a suitable valid time limit or refuse for granting of passports.

Chapter 3.

PROCEDURES FOR THE GRANTING, EXTENSION, AMENDMENT AND SUPPLEMENT OF DIPLOMATIC PASSPORTS, OFFICIAL PASSPORTS AND GRANTING OF DIPLOMATIC NOTES ABROAD

Article 16. Subjects who are granted, extended diplomatic passports and official passports abroad

1. Persons whose diplomatic passports and official passports are lost or damaged or diplomatic passports and official passports are used all pages, expired during they are abroad for work.

2. Persons who are members of representative missions or state news agencies and press agencies of Vietnam residing abroad and have changes regarding the titles.

3. Persons who are abroad and are appointed as members of representative missions or state news agencies and press agencies of Vietnam residing abroad.

4. Spouses, children under 18 years old who are abroad when go for visit or accompany with members of representative missions or state news agencies and press agencies of Vietnam residing abroad.

5. Other special cases as guided by the Ministry of Foreign Affairs.

Article 17. Dossier requesting for the granting, extension of diplomatic passports and official passports

The applicant for the granting, extension of diplomatic passports and official passports shall submit 01 set of dossier including:

1. 01 declaration as prescribed in Article 7 of this Circular without certifying. Case of requesting for extension of diplomatic passports and official passports, it not required to submit declaration.

2. 03 pictures taken alike, at size of 4 x 6 cm, taken on white-background, with straight-looking eyes, bare head, without bearing color glasses, wearing casual costume, time of taking picture not ago longer than 01 year, in which 01 picture stuck on declaration and 02 pictures enclosed.

3. 01 copy of document on sending person abroad as prescribed in Article 4 of this Circular for cases stated in Clause 1, Clause 3 and Clause 4 Article 16 of this Circular.

4. 01 copy of Decision or notification of the Ministry of Foreign Affairs or agencies managing the state news agencies, press agencies of Vietnam residing abroad about changing the titles for case stated in Clause 2 Article 16 of this Circular.

5. Diplomatic passports and official passports which are damaged or used all pages or expired or report about passport loss certified by functional agencies of host country for case stated in Clause 1 Article 16 of this Circular.

6. The granted diplomatic passports or official passports (if any) for cases stated from Clause 2 thru Clause 5 Article 16 of this Circular. In case of extension, the passports must be still valid less than 06 months.

Article 18. Dossier requesting for the amendment, supplementation of diplomatic passports and official passports and granting of diplomatic note

Dossier requesting for the amendment, supplementation of diplomatic passports and official passports and granting of diplomatic note abroad shall comply with Article 12 and Article 13 of this Circular.

Article 19. Order of settlement

1. Receipt of dossier:

If dossier is full and valid as prescribed in Article 17 and Article 18 of this Circular, the representative missions shall issue receipt, collect fee and issue a voucher. If a dossier is insufficient and invalid, the representative mission shall guide supplementation and completion of dossier.

2. For the granting, extension of diplomatic passports or official passports for subjects stated from Clause 1 thru Clause 4 Article 16 of this Circular:

a) Within 01 working day, after receiving a full and valid dossier, the representative missions shall send details of personal record including full name, date of birth, place of birth, gender, nationality (enclosed with picture) of the applicant of the granting, extension of passport to the Consular Department under the Ministry of Foreign Affairs, and send to the agencies which granted old passports previously (if such passports are granted at other representative missions or at the Department of foreign affair of Ho Chi Minh city ) for verification and consulting.

b) Within 03 working days, after receiving requirements for verification, the agencies granted passport previously shall reply to the representative missions, and send to the Consular Department under the Ministry of Foreign Affairs

In case where the Consular Department under the Ministry of Foreign Affairs is the agency which granted the diplomatic passports or official passports previously, the answer for verification must enclosed with opinion about the granting, extension of diplomatic passports or official passports.

c) Within 02 working days, after receiving result of verification, the Consular Department under the Ministry of Foreign Affairs shall notify opinion about the granting, extension of diplomatic passports, official passports to the representative missions.

d) Within 01 working day, after receiving reply of the Consular Department under the Ministry of Foreign Affairs, the representative missions shall perform the granting, extension of diplomatic passports, official passports or send a written refusal to the concerned persons.

dd) After granting passports, the representative missions shall notify immediately the Consular Department under the Ministry of Foreign Affairs and the Exit and Entry Management Department under the Ministry of Public Security about list of persons granted passports, in which clearly stating details of personal record, number of passport, date of issuing new passport and old passports, time limit of new passports, reason of granting passports and the titles of persons granted passports.

e) The representative missions shall notify the Consular Department under the Ministry of Foreign Affairs about list of persons reported about loss of diplomatic passports or official passports, and notify competent agencies of host country about cancelling value of the lost passports.

e) The Consular Department under the Ministry of Foreign Affairs shall notify Exit and Entry Management Department under the Ministry of Public Security, the Border-gate Department under the Commander Department, the border guard under the Ministry of National Defense, the Department of foreign affairs of Ho Chi Minh city and other representative missions for notifying competent agencies of host country about cancelling value of the lost passports.

3. For the granting, extension of diplomatic passports or official passports for subjects stated at Clause 5 Article 16 of this Circular:

a) Within 03 working days, after receiving a full and valid dossier, the representative missions shall grant, extend diplomatic passports, official passports according to opinion of the Consular Department under the Ministry of Foreign Affairs.

b) After granting passports, the representative missions shall notify immediately the Consular Department under the Ministry of Foreign Affairs and the Exit and Entry Management Department under the Ministry of Public Security about list of persons granted passports, in which clearly stating details of personal record, number of passport, date of issuing new passports and old passports, time limit of new passports, reason of granting passports and the titles of persons granted passports.

4. For requesting for the amendment, supplementation of diplomatic passports, official passports and granting of diplomatic note:

Within 02 working days, after receiving a full and valid dossier, the representative missions shall conduct the amendment and supplement of diplomatic passports, official passports and granting of diplomatic notes or notifying in writing about refusal to concerned persons.

5. Returning result:

The representative missions shall return result to person named in the receipt. In case where the person named in receipt is not the person granted, extended, amended, supplemented the diplomatic passport, official passport or/and granted diplomatic note, he/she must present ID card or replaceable papers for examination.

Chapter 4.

STORAGE AND PRESERVATION OF DOSSIER

Article 20. Dossier of storage

A stored dossier includes dossiers of the granting, extension, amendment, supplementation of diplomatic passports and official passports and granting of diplomatic note and the archival book printed from the software issuing passports.

Article 21. The preservation regime

1. Dossier of the granting, extension, amendment and supplement of diplomatic passports, official passports and granting of diplomatic notes shall be marked ordinal numbers and archived in time limit of 08 years.

2. The archival book is stored permanently.

Chapter 5.

ORGANIZATION OF IMPLEMENTATION

Article 22. Promulgation of forms

1. To promulgate together with this Circular 07 forms as follows:

- Declaration requesting for the granting of diplomatic passports, official passports and diplomatic note for visa application (Form 01/XNC);

- Declaration requesting for the amendment, supplementation of diplomatic passports and official passports (form 02/XNC);

- The documents on sending cadres, civil servants, officers, professional soldiers to go abroad for work (form 03/XNC);

- The written introduction about model seal, model signature of agencies and persons competent to sending cadres, civil servants, officers, professional soldiers to go abroad for work (form 04/XNC);

- The written authorization for sending cadres, civil servants, officers, professional soldiers to go abroad for work and introduction about model seal, model signature of agencies and authorized persons (form 05/XNC);

- Written notification about loss of diplomatic passports and official passports (form 06/XNC);

- The receipt for dossier of the granting, extension, amendment and supplement of diplomatic passports, official passports and granting of diplomatic notes for visa application (form 07/XNC).

2. The above forms are posted up the electronic portal about foreign mission at address http://lanhsuvietnam.gov.vn for agencies, organizations and individuals to down them for use.

Article 23. Effect

This Circular takes effect on August 15, 2013 and replaces the Circular No. 02/2008/TT-BNG dated February 04, 2008, of the Ministry of Foreign Affairs, guiding the granting, extension, amendment, supplement and management of diplomatic passports, official passports domestically and abroad according to the Government’s Decree No. 136/2007/ND-CP dated August 17, 2007, on exit and entry of Vietnamese citizens.