Quyết định 58/2012/QD-TTg

DECISION

ON USE AND MANAGEMENT OF DIPLOMATIC PASSPORTS AND OFFICIAL PASSPORTS

Pursuant to the Law on Government organization, of December 25, 2001;

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

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

Pursuant to the Government’s Resolution No. 50/NQ-CP of December 10, 2010 on simplification of administrative procedures in management scope and function of the Ministry of Foreign Affairs;

At the proposal of Minister of Foreign Affairs;

The Prime Minister promulgates decision on use and management of diplomatic passports and official passports,

Article 1. Scope of regulation

This Decision stipulates use and management of diplomatic passports and official passports (hereinafter referred to as passports) in home country and overseas.

Article 2. Subjects of application

This Decision applied to:

1. Persons granted diplomatic passports or official passports as prescribed in the Government’s Decree No.136/2007/ND-CP of August 17, 2007 on exit and entry of Vietnamese citizens (hereinafter referred to as the Decree 136) and the Government’s Decree No.65/2012/ND-CP of September 06, 2012 amending and supplementing a number of articles of the Decree No.136 (hereinafter referred to as the Decree 65).

2. The competent state agencies that appoint cadres, civil servants, military officers, professional soldiers in people’s army and people’s public security to go abroad for mission as prescribed in Article 32 of the Decree 132, have been amended and supplemented as prescribed in clause 9, Article 1 of Decree 65 (hereinafter referred to as the line agencies).

3. The agencies that directly conduct management of diplomatic passports or official passports of cadres, civil servants, military officers, professional soldiers in people’s army and people’s public security (hereinafter referred to as the agencies managing passports).

4. Agencies granting diplomatic passports or official passports, under the Ministry of Foreign Affairs.

5. Agencies of diplomatic representation, agencies of consul representation or other agencies being authorized to conduct the consul function of Vietnam overseas (hereinafter referred to as the representative agencies of Vietnam overseas).

Article 3. Principles of passport use and management

1. Passports are property of Vietnam state. Use and management of passports must be implemented as prescribed in this Decision and other relevant provisions of law. Use of passports is not permitted to cause damage to prestige and benefit of Vietnam state.

2. Persons who have acts of using, managing passport wrongly in comparison with regulations shall, depending on nature and extent of violation, be disciplined, administrative sanctioned or examined for penal liability.

Article 4. Responsibilities of persons being granted passport

1. To keep and preserve passport as prescribed in Article 13 of Decree 136.

2. To be permitted to use only one valuable type of passport for each journey for mission abroad in conformity with decision on appointing to go for mission and nature of work performed overseas, except for special cases under guidance of the Ministry of Foreign Affairs.

3. To declare loss of passport as prescribed in clause 2 Article 13 of Decree 136.

4. Within 5 working days as from entry in Vietnam after ending the journey for mission overseas, they must submit passports for the agency managing passport, except for case having legitimate reason decided by head of the agency managing passport.

5. When changing agency that they are working, they must report to the agency managing passport in places where they leave and arrive for these agencies in order to implement management of passport as prescribed in this Decision.

6. Not to use diplomatic passports or official passports in order to go abroad for personal purposes.

Article 5. Responsibilities of agencies managing passports

1. Managing passports of cadres, civil servants, military officers, professional soldiers in people’s army and people’s public security in their management scope, including the following jobs:

a) To make a book to monitor delivery and receipt of passports and ensure absolute safety for passports during preserving at agency managing passport, not let them be loss, wet, corrupted or useless.

b) To hand over for cadres, civil servants when having decision on appointing to go abroad for mission. Handing over passports must be signed for receipt. If a passport is valid less than 6 months, they must notify for person having such passport in order to request for extension or grant of new passport.

c) To forward passport to new agency managing passport when person who being granted passport get a transfer in work.

d) To have written report to the line agencies in case the person, who being granted passport, intentionally not to hand over passport for agency managing passport as prescribed after entry back in country and have measure to timely revoke passport.

dd) To have an immediate written notice for agencies granted passports of the Ministry of Foreign Affairs (Consul Department or Department of Foreign Affairs of Ho Chi Minh city) and the Exit and Entry Management Department, the Ministry of Public Security on loss or spoilt of passports managed by their agencies.

e) To transfer to agencies granting passport of the Ministry of Foreign Affairs for destruction of value of passports of persons that are not subjects to use this passport, including persons who retired, quitted job, ended tenure of work, out payroll, died, lost.

g) To report the line agencies in order to handle violations in passport use and management that are improper in according to this Decision.

2. The agencies managing passports of persons subject to provision from clause 1 to clause 8 Article 6 of the Decree 136, which has been amended and supplemented as prescribed in clause 3 Article 1 of Decree 65, must collect and manage passports of spouse accompany by in journey for mission of these persons (if any) as prescribed in this Decision.

3. Agencies that are authorized for management of passports, violating provisions of this Decision may be restrained or revoked authorization for management of passports.

Article 6. Responsibilities of line agencies

1. To promulgate regulation on managing passport at their agencies in conformity with this Decision.

2. Directly implement or by authorization for their attached agencies to directly implement management of passports under this Decision; to notify for the Ministry of Foreign Affairs name of agencies being authorized for management of passports, content and duration of authorization.

3. Directly or coordinate with the Ministry of Foreign Affairs and other functional agencies to handle violations in use and management of passports.

Article 7. Responsibilities of relevant agencies

1. The Ministry of Foreign Affairs shall:

a) Guide and coordinate with relevant functional agencies in management and use of passports stated in this Decision.

b) Manage passports of cadres, civil servants its agency, persons who are appointed to go for mission under tenure at the Vietnam representative agencies overseas and persons pay visits to, accompany of these persons as prescribed clause 11 Article 6 and clause 4 Article 7 of the Decree 136.

c) Coordinate with the line agency to handle cases of grant for improper subjects and use not right with purpose.

d) Refuse to grant, extend passports and grant diplomatic notes for foreign visa application with cases violating provisions in Article 4 of this Decision.

dd) Notify on passports which are expired to the Ministry of Public Security and the Ministry of National Defense.

e) Timely report the Prime Minister matters arising in use and management of diplomatic passports and official passports, as well as consider to decide forms of sanctions for violations of agencies managing passports, agencies being authorized to appoint cadres, civil servants go abroad as prescribed in clause 9 Article 1 of Decree 65.

2. The Ministry of Public Security, the Ministry of National Defense shall notify the Ministry of Foreign Affairs and the line agencies if detecting cases of using passports with purposes not right with regulation.

3. The Vietnam representative agencies overseas shall notify the Ministry of Foreign Affairs and the line agencies if detecting mistakes or violations of persons, who bring passport in foreign countries, refuse to grant, extend passports and grant diplomatic notes for foreign visa application with cases violating provisions in Article 4 of this Decision.

Article 8. Effectiveness

1. This Decision takes effect on March 01, 2013.

2. Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, the Presidents of People’s Committees of central-affiliated cities and provinces, heads of relevant agencies shall implement this Decision.