Thông tư 45/2011/TT-BCA

CIRCULAR

GUIDING THE GRANT OF EXIT AND ENTRY PERMITS FOR FOREIGNERS PERMANENTLY RESIDING IN VIET NAM HAVING NO PASSPORT

Pursuant to the Decree No.21/2001/ND-CP dated 28/5/2001 of the Government detailing the Implementation of the Ordinance on Entry, Exit and Residence of Foreigners in Vietnam;

Pursuant to the Resolution No.61/NQ-CP dated 17/12/2010 of the Government on simplifying administrative procedures under the functional scope of the Ministry of Public Security;

Pursuant to the Decree No.77/2009/ND-CP dated 15/9/2009 defining the functions, tasks, powers and organizational structure of the Ministry of Public Security;

The Ministry of Public Security guides the grant of exit and entry permit for foreigners permanently residing in Vietnam as follows:

Article 1. Scope and subjects of application

This Circular guides the procedures for granting entry and exit permits for foreigners permanently residing in Vietnam having no passport.

Article 2. Conditions of entry and exit permits

Foreigners who apply for entry and exit permits must meet the following conditions:

1. Having permanent residence card issued by the Immigration Agency of Vietnam.

2. Having no passport issued by the competent authorities of foreign countries.

3. Being not subject to exit suspension in accordance with the laws regulations of Vietnam.

Article 3. The duration and using value of the entry and exit permits

1. Immigration permit (the English name is Exit and Entry Permit - form N18 enclosed) is granted for each individual, with shorter time limit than the time limit required to change residence card at least 01 month and not renewable.

2. Exit and Entry Permit is not value of passport substitute, not specifying the nationality of person who is granted.

3. Person who brings Exit and Entry Permit together permanent residence card that exempted from visa when exiting and entering Vietnam in term of the Permit.

Article 4. The procedures, place where has received the dossiers and the time limit of settling the grant of Exit and Entry Permits

1. The dossiers include:

- 01 declaration form N17A (attached herewith);

- A copy (not required to be certified) of the permanent residence card issued by the Immigration Agency of Vietnam together with the original for the recipient to check and compare;

- 02 latest photos sized 4 x 6 cm, white font, and direct face without hat, sunglasses, enclose with one same photo looking straight, bare head, without glasses, of which 01 is stuck on the declaration.

2. Foreigners permanently residing in Vietnam request for granting Exit and Entry Permits to file at the Immigration Offices of Public Securities of provinces, the cities where the foreigners reside permanently, or the Immigration Department of Ministry of Public Security.

3. Within 02 working days from the date of receiving complete and valid dossiers, the Immigration Offices of Public Securities of provinces, the cities review and forward the dossiers requesting for Exit and Entry Permits to the Immigration Department of Ministry of Public Security. Within 04 working days from the date of receiving valid dossiers, the Immigration Department of Ministry of Public Security considers the grant of Exit and Entry Permits.

4. The person who requests for Exit and Entry Permits due to expiry, damage required to make new dossiers, if they are lost; the declaration of losing Exit and Entry Permits by the form N17B (attached herewith) is required to be attached.

Article 5. Fees for Exit and Entry Permits

Those who are granted Exit and Entry Permits must pay fees as prescribed by the Ministry of Finance.

Article 6. The withdrawal of Exit and Entry Permits

1. Exit and Entry Permits are revoked in the cases those who are granted are suspended from exit under the law regulations of Vietnam.

2. The Immigration Department of Ministry of Public Security or the Immigration Offices of Public Securities of provinces, the cities shall implement the withdrawal of Exit and Entry Permits.

Article 7. Handling of violations

Agencies, organizations and individuals violating this Circular, depending on the nature and seriousness of their violations, shall be handled in accordance with the laws regulations of Vietnam.

Article 8. Organization of implementation

The Immigration Department of Ministry of Public Security is responsible for:

- Guiding the concerned agencies and organizations and foreigners to implement this Circular.

- Coordinating with the Consular Department of the Ministry of Foreign Affairs shall notify the competent authorities of the countries to create conditions for the persons who grant Entry and Exit Permits.

- Printing, managing blank Entry and Exit Permits and the forms N17A, N17B attached herewith.

- Making inspection, state statistics on the grant of Entry and Exit Permits.

Article 9. Effect

1. This Circular takes effect from August 14, 2011 and replaces the Decision No.679/2007/QD-BCA-A11 dated 20/06/2007 of the Minister of Public Security on issuing the Regulations of issuance and management of "Entry and Exit Permits".

2. The Directors General, heads of units under the Ministry, Public Security Directors of the provinces and cities under central authority, the Directors of Police Services of fire prevention and fighting are responsible for the implementation of this Circular.

During the implementation, if problems arise, Public Security units, localities, concerned agencies and organizations to reflect to the Ministry of Public Security (through the Immigration Department) for guidance timely./.