Thông tư 07/2013/TT-BCA

CIRCULAR

AMENDING AND SUPPLEMENTING A NUMBER OF POINTS IN THE CIRCULAR NO. 27/2007/TT-BCA OF NOVEMBER 29, 2007 OF THE MINISTRY OF PUBLIC SECURITY GUIDING THE ISSUANCE, AMENDMENT AND SUPPLEMENTATION OF ORDINARY PASSPORTS  GRANTED IN THE COUNTRY AND THE CIRCULAR NO. 10/2006/TT-BCA OF SEPTEMBER 18, 2006, OF THE MINISTRY OF PUBLIC SECURITY GUIDING IMPLEMENTATION OF THE REGULATION ON ISSUANCE AND MANAGEMENT OF THE APEC BUSINESS TRAVEL CARDS   

Pursuant to the Government’s Decree No. 136/2007/ND-CP of August 17, 2007 on Vietnamese citizens’ exit and entry and Decree No. 65/2012/ND-CP of September 06, 2012, amending and supplementing a number of articles of Decree No. 136/2007/ND-CP;

Pursuant to the Decision No. 45/2006/QD-TTg of February 28, 2006 of the Prime Minister on promulgating the Regulation on issuance and management of APEC business travel cards;  

Pursuant to the Government’s Decree No. 77/2009/ND-CP of September 15, 2009 defining the functions, tasks, powers and organizational structure of the Ministry of Public Security;   

At the proposal of General Director of the Security General Department 1;

The Minister of Public Security promulgates the Circular amending and supplementing a number of points in the Circular No. 27/2007/TT-BCA of November 29, 2007 of the Ministry of Public Security guiding the issuance, amendment and supplementation of ordinary passports granted in the country and the Circular No. 10/2006/TT-BCA of September 18, 2006, of the Ministry of Public Security guiding implementation of the Regulation on issuance and management of the APEC business travel cards, 

Article 1. To amend and supplement a number of points in the Circular No. 27/2007/TT-BCA of November 29, 2007 of the Ministry of Public Security guiding the issuance, amendment and supplementation of ordinary passports granted in the country according to the Government’s Decree No. 136/2007/ND-CP of August 17, 2007 on Vietnamese citizens’ exit and entry specifying as follows:

1. Item a point 1 section I is amended and supplemented as follows:

“a) Dossier request for the initial issuance of passport, re-issuance, submitting 01 set comprise of:  

- 01 declaration according to Form X01 promulgated together with this Circular (abbreviated as form X01);

- 02 pictures taken recently, size of 4cm x 6cm, showing the photographed person looking straight, bare-headed, not wearing color glasses and with a white background.

For children under 14 years old:

- Declaration requesting for issuance of passport according form X01 must be certified and on which picture affixed with the seal by Public Security Office of commune, ward or township where such children permanently or temporarily reside;

- If request for issuance of a separate passport for child, 01 notarized copy of birth certificate shall be submitted (in case of being a normal copy it is required for presenting of original certificate for examination, comparison) and 02 pictures of size 4cm x 6cm. Declaration is made and signed by mother, father on behalf for child; if parents died, adoptive mother or father or guardian (enclosed with documentary evidence of being adoptive parents or lawful  guardian) shall make it and sign on behalf for child;

- Children under 9 years old sharing passport with mothers or fathers, 01 notarized copy of birth certificate shall be submitted (in case of being a normal copy it is required for presenting of original certificate for examination, comparison) and 02 pictures of size 3cm x 4cm.

2. Item b point 1 section I is amended and supplemented as follows:

“b) To re-issue passport (passport is lost, corrupted; unexpired but need to re-issue; separate children in passport of mothers or fathers) apart from papers specified in item a above, it is required to supplement papers in the following cases:

- In case passport is lost, it is required to submit additionally an application to notify the loss of passport as prescribed in point 3 section II of this Circular;

- In case passport is corrupted or unexpired, it is required to submit back that passport;

- In case of separating children in passports of mothers or fathers, it is required to submit passport, 01 declaration according to form X01 and 02 pictures of size 4cm x 6cm of mother or father in order to re-issue passport; submit 01 declaration according to form X01 and 02 pictures of size 4cm x 6cm of children in order to issue separate passports to those children.”

3. Point 2 section I is amended and supplemented as follows:

“2. Dossier requesting for amendment and supplementation of passport (adjustment of full name, date of birth, place of birth, gender, number of ID card in passport; supplementation of children under 9 years old into passports of mothers or fathers):

- In case of adjustment of full name, date of birth, place of birth, gender, number of ID card in passport, it is required to submit 01 set of dossier comprise of 01 declaration according to form X01, enclosed with documentary evidence for such adjustment;

- In case of supplementation of children under 9 years old into passports of mothers or fathers, it is required to submit additionally 02 pictures of 3cm x 4cm of such children. Making and confirmation of declaration are implemented as prescribed at item a point 1 section I of this Circular.

Passport requested for amendment must be unexpired in at least 01 year.”

4. Item a point 3 section I is amended and supplemented as follows:

“a) The applicant for issuance of passport may submit dossier and receive result with one of 3 following ways:

- Directly submit dossier and receive result:

+ At the Exit and Entry Office of Public Security Department of central-affiliated cities and provinces for cases of passport initial issuance, re-issuance, amendment and supplementation. Declaration is not required for confirmation of Public Security Offices of commune, ward or township where the applicant permanently or temporarily resides; supplementation of children under 9 years old into passports of mothers or fathers is comply with point 2 section I of this Circular;

When submitting dossier, it is required to present valid ID card, in case of temporary residence, it is required to present additionally the temporary residence book granted by competent agencies specified in the Circular No. 52/2010/TT-BCA of November 30, 2010 of the Ministry of Public Security for examination, comparison.

 At the Exit and Entry Management Department of the Ministry of Public Security for cases of re-issuance, amendment and supplementation of passport. Dossier is complied with item b point 1 section I and point 2 section I of this Circular.

- To entrust agencies, organizations, enterprises with legal entity status mentioned in item a point s section II of this Circular to submit dossier and receive result:

The trustor declares and signs on declaration requesting for issuance, amendment of passport according the set form, with picture affixed with seal and confirmation of head of entrusted agency or organization;

The entrusted agency, organization or enterprise shall have official dispatch to send to Public Security Department of province or centrally-run city or Exit and Entry Management Department of the Ministry of Public Security in order to request for setlement. If requesting settlement for many people, it is required to enclose with list of trustors, signed and affixed with seal of head of the entrusted agency or organization, enterprise;

When cadre or officer of the entrusted agency, organization, enterprise with legal entity status submits dossier requesting for issuance, amendment, supplementation of trustor’s passport, he or she must present letter of introduction of agency, organization or enterprise, his/her valid ID card and trustor’s  valid ID card for examination, comparison. 

- Sending the request dossier and receiving result by post:

Sending the request dossier and receiving result by post just apply for cases of re-issuance, amendment of passport (excluding case of supplementation of children under 9 years old into passports of mothers or fathers);

A dossier comprises of 01 declaration as form X01, which is confirmed and affixed seal on picture by Public Security Office of commune, ward or township where such person permanently or temporarily resides, enclosed with 01 copy of unexpired ID card and temporary residence book (if temporarily residing);

Place, method to send dossier, charge for passport and receipt of result by post shall comply with guides of Vietnam Posts and Telecommunications Group.”

5. Title of item c, point 3, section I is amended and supplemented as follows:

“c. The following cases if being in urgent need of passport issuance, dossier may be directly submitted and result may be directly received at Exit and Entry Management Department of the Ministry of Public Security:”

6. Item a point 1 section II is amended and supplemented as follows:

“a) The following persons may entrust agencies, organizations or enterprises with legal entity status where such persons are working, studying to submit dossier and receive result:

- Cadres, civil servants and public employees as prescribed in the 2008 Law on Cadres, civil servants and the 2010 Law on public employees;

- Officers, non-commissioned officers, workers and staff being servicing in units of People’s Army and People’s Public Security; 

- Students, pupils studying in universities, colleges, professional schools, vocational schools,

- Persons with labor contracts of 01 year or longer working in enterprises with legal entity status;

- Persons who signed foreign labor contracts with enterprises operating labor export have been had permit of labor state management agencies and have signed contract of labor supply with foreign partners."

7. Item c point 1 section II is amended and supplemented as follows:

“c. The entrusted agencies, organizations, enterprises are responsible for examination, comparison of pictures and information in declarations, unexpired ID cards  of trustors and for submission of dossiers as guided in item a point 3 section I of this Circular; collection and payment of passport fees are comply with only regulations of the Ministry of Finance.” 

8. Item a point 3 section II is amended and supplemented as follows:

“a) The responsibility of persons who lost granted passport:

- If passport is lost domestic, within 48 hours after detecting loss, the owner must have an application to inform with the exit and entry management agencies. If directly submitting application, it is required to present unexpired ID card for examination and comparison; if sending by post, application must be certified by Public Security Office of commune, ward or township where such persons permanently or temporarily reside;

- If passport is lost abroad, it is required to have application to inform immediately with an overseas Vietnamese representative mission which is nearest and competent agency of host country;

- Content of the informing application need clearly indicate: Full name, date of birth, permanent or temporary residence address, passport number, Date of issuance, agencies of issuance, time, place happened and reason of passport loss.”  

9. Point 4 section II is amended and supplemented as follows:

“4. On time limit of passport:

- Passports which is issued to citizens at 14 years old or older shall be valid for not more than 10 years from the day of issue and not be renewed;

- Passports which are issued separately to children under 14 years old or shared to children under 9 years old into passports of mothers or fathers shall be valid in 5 year from the day of issue and not be renewed;

- Passports of mothers or fathers, which are valid for over 5 years, in case of being supplemented  children under 9 years old shall be adjusted into 5 year from the day of supplementation of such children;

10. To annul item c point 1 section I.

Article 2. To amend and supplement a number of points in the Circular No. 10/2006/TT-BCA of September 18, 2006 of the Ministry of Public Security guiding the implementation of the Regulation on issuance and management of the APEC business travel cards according to the Decision No. 45/2006/QD-TTg of February 28, 2009 of the Prime Minister, specifying as follows:

1. Item a point 1 section I is amended and supplemented as follows:

“a) APEC business travel cards (hereinafter abbreviated to ABTCs) issued to Vietnamese business people who possessing ordinary passports with time limit of at least three years from the day of submission of dossier requesting for card issuance.  ABTCs shall be valid for 3 years.”

2. Item a, and item b, point 1, section II are amended and supplemented as follows:

“1. Dossier requesting for issuance of ABTCs to Vietnamese businessman is submited 01 set at the Exit and Entry Management Department of the Ministry of Public Security, comprising of:

a) 01 declaration requesting for issuance, re-issuance of ABTCs as form X05 promulgated together with this Circular, certified and affixed on picture by head of enterprise or agency directly managing businessman; 

b) 02 pictures of size 3cm x 4cm, taken recently, with a white background, bare-headed, the photographed person looking straight, not wearing color glasses (01 picture stuck on declaration, 01 picture enclosed).”

3. To supplement item d to point 1 section II as follows:

“d) If a person requesting for re-issuance of ABTC due to expiration and agency, enterprise, where such person is working, has a written confirmation that there is no change of title and job position in comparison with previous time of request for card issuance, it is not required to submit a new written permission of ABTC use eligibility from competent authority. ”

Article 3. Effect

This Circular takes effect on March 20, 2013.

Article 4. Responsibility for implementation

1. General Directors of departments, heads of Ministerial-affiliated units, directors of Public Security, directors of the Fire Police departments in central-affiliated cities and provinces shall implement this Circular.  

2. The Security General Department I shall organize implementation and guide, inspect implementation of this Circular. 

In the course of implementation, any arising problems should be reported to the Ministry of Public Security (through the Security General Department I)  for timely guidance.