Nghị định 94/2015/ND-CP

DECREE

AMENDING AND ADDING SOME ARTICLES OF DECREE NO. 136/2007/ND-CP DATED 17 AUGUST 2007 ON ENTRY AND EXIT OF VIETNAMESE CITIZENS

Pursuant to the Law on organization of Government dated 25/12/2001

At the request of the Minister of Public Security,

The Government issues the Decree amending and adding some articles of Decree No. 136/2007/ND-CP dated 17/08/2007 on entry and exit of Vietnamese citizens.

Article 1. Amending and adding some articles of Decree No. 136/2007/ND-CP

1. The Clause 2 of Article 4 on the duration of papers for entry and exit is amended and added as follows:

a) Amending and adding Point a of Clause 2 as follows:

“a) National Passport:

- Diplomatic passport, official passport are valid of less than 5 years from the date of issue. Diplomatic passport and official passport valid under 1 year shall be renewed once for a maximum of 3 years and shall be newly issued upon expiration.

- Ordinary passport is valid of less than 10 years from the date of issue and shall not be renewed. The ordinary passport which is still valid shall be newly issued upon expiration.

- The duration of national passport issued to children under 14 years old or issued to citizens with children under 9 years old shall comply with the provisions specified in Article 5 of this Decree”.

b) Amending and adding Point b, Clause 2 as follows:

“b) Other papers:

…

- Seaman’s passport is valid not less than 10 years from the date of issuance and shall not be renewed. Seaman’s passport which is still valid shall be newly issued upon expiration.

2. The Article 5 concerning the types of paper for entry and exit shall be amended and added as follows:

“Article 5.

1. Papers for entry and exit are issued to each citizen separately.

2. Ordinary passport issued to children under 14 years old shall be valid of less than 5 years from the date of issue and shall not be renewed.

3. Children under 9 years old may share the ordinary passport with either father or mother upon request from the father or mother of such children. In this case, the passport shall be valid of less than 5 years and shall not be renewed.

4. Diplomatic passport issued to children under 18 years old of the persons specified in Clause 10, Article 6 of this Decree and official passport issued to children under 18 years old of employees of representative offices of Vietnam in foreign countries, state news reporters of Vietnam permanently residing in foreign countries specified in Clause 4, Article 7 of this Decree is valid from 1 to 5 years from the issue date until such children are 18 years old and shall not be renewed.

5. Diplomatic passport and official passport shall not be issued to the persons specified in Article 6 and 7 of this Decree when appointed to study in foreign countries with a duration of over 6 months.”

3. Article 6 concerning the persons issued with diplomatic passport is amended and added as follows:

“Article 6. The diplomatic passport issued to the following Vietnamese citizens appointed by the Vietnamese competent authorities specified in Clause 1, Article 32 of this Decree to study abroad or decided to go abroad in accordance with the nature of the trip:

1. Relating to Vietnam Communist Party:

- General Secretary and Member of the Politburo and Secretary of the Party Central Committee, Member of the Party Central Committee, alternate Member of the Party Central Committee;

- Former General Secretary and Member of the Politburo and Secretary of the Party Central Committee;

- Chairman, Deputy Chairman, Member of the Inspection Commission of the Party Central Committee;

- Secretary and Deputy Secretary of Party Committee of the provinces or centrally-run cities;

- Heads an Deputy Heads of the Committees under the Party Central Committee; Chief of Office, Deputy Chief of Party Central Committee;

- Heads and Deputy Heads of the bodies established by decision of the Politburo and the Secretariat and Party Central Committee.

- Secretary and Deputy Secretary of Party Committee of central bodies and central business sector;

- Special Envoy, Assistant and Secretary of the General Secretary of the Party Central Committee;

- Assistant of Politburo members.

2. Relating to National Assembly:

- Chairman, Deputy Chairman of the National Assembly; Member of the Standing Committee of the National Assembly;

- Former Chairman and Vice Chairman of the National Assembly;

- Chairman and Vice Chairman of the Council of Nationalities of the National Assembly;

- Chairman, Deputy Chairman of the Committees of the National Assembly; Chairman, Deputy Chairman of the National Assembly's Office;

- Auditor General and Deputy Auditor General of State;

- Head and Deputy Head of the Committees of the Standing Committee of the National Assembly;

- Delegates of National Assembly;

- Assistant and Secretary of Chairman of National Assembly

3. Relating to the State President:

- State President and Vice President;

- Former State President and Vice President;

- Chairman, Vice-Chairman of the Office of the State President

- Special Envoy, Assistant, Secretary of the State President.

4. Relating to the Government:

- Prime Minister and Deputy Prime Minister and former Prime Minister and Deputy Prime;

- Ministers, Heads of ministerial-level bodies, Heads of governmental bodies; Deputy Ministers, Deputy Heads of the ministerial bodies and Deputy Heads of governmental bodies;

- Directors General and the Heads of state bodies equivalent to the level of Director General; officers with the rank of Major General, Navy Rear Admiral or higher level who are serving in the People's Army and the People's Police;

- Special envoy, assistant and secretary of the Prime Minister;

- Chairman and Deputy Chairman and Secretary of Vietnam's sub-committees in intergovernmental cooperation committee

5. Chief Justice, Deputy Chief Justice of the Supreme People's Court.

6. Director of Institute and Deputy Director of Supreme People's Procuracy.

7. Relating to local state bodies:

- Chairman and Vice Chairman of People’s Council of provinces and centrally-run cities;

- Chairman and Vice Chairman of People’s Committee of provinces and centrally-run cities;

8. Chairman and Vice Chairman, General Secretary, Member of standing Committee of Central Committee of the Vietnam Fatherland Front.

9. Relating to central social – political organizations:

- Chairman and Vice Chairman of Vietnam General Confederation of Labor;

- Chairman and Vice Chairman of the Vietnam Farmer’s Union;

- Chairman and Vice Chairman of the Vietnam Women's Union;

- Chairman and Vice Chairman of the Vietnam Veterans’ Union.

- First Secretary, Standing Secretary of the Central Ho Chi Minh Communist Youth Union.

10. Those who are serving in the diplomatic sector were appointed diplomatic title or held position of deputy military attaché or higher level at diplomatic offices, permanent missions at intergovernmental international organizations and from position of military attaché or higher level at Vietnamese consular offices in foreign countries.

11. Diplomatic courier and consular courier

12. Spouse of persons specified in Clauses 1, 2, 3, 4, 5, 6, 7, 8 and 9 of this Article accompanying for business; spouse and children under 18 years old of the persons specified in Clause 10 of this Article accompanying or visiting such persons in their term of office.

13. In case of necessity, based on the foreign requirements or state protocol and nature of business trip, the Minister of Foreign Affairs shall issue the diplomatic passport as directed by the Prime Minister or consider issuing diplomatic passport as requested by the competent authorities of Vietnam specified in Clause 1, Article 32 of this Decree to the persons not specified in Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12 of this Article.”

4. Article 7 concerning the persons issued with official passports is amended and added as follows:

 “Article 7. Official passports are issued to following Vietnamese citizens appointed by the competent authorities specified by the in Clause 1, Article 32 of this Decree to go abroad to perform duties of such authorities:

1. Cadres, public servants, management officials receiving salary from the state budget or guaranteed from the salary fund of public non-business units as prescribed by law are working at the following bodies, organizations and units:

a) Relating to Vietnam Communist Party:

- Secretariat of Party Central Committee;

- Committees directly under the Party Central Committee;

- Office of Party Central Committee;

- Other bodies established by the decision of the Politburo, the Secretariat, the Party Central Executive Committee;

- Provincial Party Committee, Municipal Party Committee, District Party Committee, Town Party Committee, Provincial Municipal Party Committee.

b) Relating to National Assembly:

- National Assembly Standing Committee;

- Ethnic Council of National Assembly;

- Committees of National Assembly;

- Committees and Institutes of Standing Committee of National Assembly;

- Office of National Assembly;

- State Auditor;

c) Office of State President.

d) Relating to the Government:

The Ministries, ministerial-level bodies, governmental bodies and other organizations established by the Government and the Prime Minister.

dd) People's courts at all levels (at central, provincial and district level).

e) People's Procuracy at all levels (at central, provincial and district level).

g) Relating to local state bodies:

- Office of National Assembly delegation;

- Provincial and district-level People's Council;

- Provincial and district-level People's Committees.

h) In the bodies and units of the People's Army and the People's Police.

i) In the bodies of the Committee of Vietnam Fatherland Front at Central, provincial and district level.

k) In the bodies of social – political organizations.

- Vietnam General Confederation of Labour, central trade union of sector and trade union of corporations directly under the General Confederation, provincial and district labor federation;

- Provincial and district-level Vietnam Farmers’ Union;

- Ho Chi Minh Communist Youth Union Central Committee at central, provincial and district level;

- Vietnam Women's Union at central, provincial and district level;

- Vietnam Veterans’ Union at central, provincial and district level;

l) Persons are rotated by the competent level of the Party or the State to hold key position at the associations but still defined as public servant.

m) Cadres and public servants at communes, wards and towns.

n) Cadres, public servants and members of Office of Science Policy and National Technology Council.

o) Management public servants and officers of public non-business units:

- The heads and their deputies of public non-business units; persons holding the positions of heads or deputies of organizations forming the public non-business units under the management of the Politburo, Secretariat, Standing Committee of the National Assembly and the Government;

- The heads and their deputies of the public non-business units; persons holding position of heads or deputies of organizations forming the public non-business units under the Committees and equivalent bodies of Party Central Committee, Office of the President, Office of the National Assembly, the State Auditor, the Supreme People's Court, Supreme People's Procuracy; Ministries, ministerial-level organs, governmental organs, the Prime Minister; Central Vietnam Fatherland Front and Central bodies of social and political organizations;

- The heads and their deputies of the public non-business units; persons holding position of heads or deputies of organizations forming the public non-business units under the General Department, Department and equivalent level directly under the Ministries, ministerial bodies, provincial Party Committees; Municipal Party Committees, provincial People's Committee; Committee of Vietnam Fatherland Front and provincial social-political  organizations;

- The heads of public non-business units of District Party Committee, Town Party Committee, Municipal Party Committee under the provincial Party Committee, specialized bodies of the provincial and district People's Committee;

- Persons holding the working positions associated with state management duties public non-business units are assigned to perform the state management duties;

2. Officers and professional servimen of the People's Army and the People's Police.

3. Staff of representative bodies of Vietnam in foreign countries; state news reporters of Vietnam permanently residing abroad.

4. Spouse and children under 18 years old of the persons specified in Clause 3 of this Article accompany or visit such persons in their term of office.

5. In case of necessity, based on the requirements and nature of the trip, the Minister of Foreign Affairs shall issue the official passport as directed by the Prime Minister or consider issuing official passport as requested by the competent authorities of Vietnam specified in Clause 1, Article 32 of this Decree to the persons not specified in Clauses 1, 2, 3 and 4 of this Article.”

5. Article 14 concerning the request for issue of diplomatic or official passport is amended and added as follows:

“Article 14.

1. Vietnamese citizens living in the country entitle to being issued with diplomatic or official passports specified in Article 6 and 7 of this Decree. Upon request for diplomatic or official passports, they have submit 01 set of dossier at the Consular Department or Department of External Relations – Ho Chi Minh Municipal (Ministry of Foreign Affairs) or at the bodies of External Relations of provinces and centrally-run cities as stipulated by the Ministry of Foreign Affairs. The dossier includes:

- Declaration for issue of diplomatic or official passport (under the prescribed form).

- Document (under the prescribed form) of the competent authorities specified in Clause 1, Article 32 of this Decree concerning the appointment or permission for going abroad. In this document, specify management cadres, public servants, officials, officers, professional servicemen in the state staffing and entitled to salary from the state budget or salary fund of the public non-business units as prescribed by law.

- Where the person requesting the issue of passport subject to accompanying or visit specified in Clause 12, Article 6 and Clause 4, Article 7 of this Decree, in addition to the declaration form and document evidencing the status of accompanying or visit, he/she should submit the decision or written opinion of the competent authorities where he/she is working (if any) and written decision or opinion from the Ministry of Foreign Affairs.

If the requester is the child under 18 years old, submit a copy of birth certificate and a copy of ID card (14 years old or older). Remember to present the original for comparison.

2. When submitting dossier, the requester for passport shall pay fees as prescribed by the Ministry of Finance.

3. Time limit for issue of passport: The body issuing the diplomatic and official passport shall return the result to the requester within 05 working days after fully receiving dossier and reply in writing with specified reasons in case of failure to issue passport.”

6. Article 15 concerning the way to submit dossier for issue of ordinary passport in the country is amended and added as follows:

“Article 15.

1. The Vietnamese citizens requesting the issue of ordinary passports can submit dossier and receive the result at the immigration management authorities by one of the following ways:

a) Directly submit dossier and receive result at the immigration management authorities of police in provinces and centrally-run cities at the place of permanent or temporary residence.

b) Send dossier by post to the immigration management authorities of police in provinces and centrally-run cities at the place of permanent residence and wish to receive the result by post. The sending of dossier and receipt of result by post shall comply with the procedures stipulated by the Ministry of Public Security and the Vietnam Posts and Telecommunications Group.

c) Authorize the body, organization or enterprise with legal entity to directly submit dossier and receive the result at the immigration management authorities of police in provinces and centrally-run cities at the place of permanent residence or at the Immigration Department of the Ministry of Public Security. The authorization shall comply with the regulations of the Ministry of Public Security.

2. In case of urgent need for passport (as stipulated by the Ministry of Public Security), the requester may submit dossier and receive the result at the Immigration Department of the Ministry of Public Security.

3. Dossier for issue of passport (01 set):

a) In case of direct submission of dossier specified under Point a and c, Clause 1 of this Article:

- Declaration for issue of ordinary passport under the prescribed form.

For children under 14 years old, their parents or guardians shall declare and sign in the declaration. If the father or mother wishes to take children under 9 years old with him/her, he/she shall jointly declare in his/her declaration.

- A copy of birth certificate of children under 14 years old.

When submitting dossier, present the valid ID card of the passport requester for checking and comparison; in case of living at the temporary residence, present book of temporary residence issued by competent authorities.

b) In case of submission of dossier by post specified under Point b, Clause 1 of this Article:

- Declaration for issue of ordinary passport under the prescribed form with certification of Chief police of ward, commune and town where the temporary residence is registered.

- Copy of valid ID card.

4. When submitting dossier, the passport requester shall pay the passport fees as prescribed by the Ministry of Finance. In case of submission dossier by post, submit the dossier and fees and postal fees to the Post office.

5. Time limit for dossier handling and return of result:

a) In case of submission of dossier directly at the Immigration authorities of police of provinces and centrally-run cities at the place of permanent or temporary residence specified in Clause 1 of this Article, the Immigration authorities shall return the result within 08 working days after fully receiving dossier.

b) In case of submission of dossier directly at the Immigration Department specified in Clause 1 and 2 of this Article, the Immigration Department shall return the result within 05 working days after fully receiving dossier.

6. Chief police of ward, commune or town where the citizens are permanently residing must take responsibility before law for certification contents in the declaration for issue of passport from the citizens.

7. The body, organization or enterprise with legal entity authorized by the passport requester to submit dossier and receive result must take responsibility before law for correct comparison between the passport requester, ID card and his/her declaration.

7. Clause 1 of Article 16 concerning the dossier for issue of ordinary passport to the children under 14 years old living abroad is amended and added as follows:

“…

Where the father or mother wishes to take his/her children under 9 years old in the same passport, he/she shall jointly declare in the declaration for issue of his/her ordinary passport.

8. Article 29 concerning the responsibility of the Ministry of Transport is amended as follows:

“Article 29. The Ministry of Transport is responsible for:

1. Giving instructions on procedures, order of issue and modification of seaman’s passport.

2. Issuing and modifying seaman’s passport; informing the Ministry of Public Security of the list of personnel whose seaman’s passports are issued or modified right after the issue and the list of personnel who report their loss of seaman’s passports.

3. Providing the Ministry of Public Security with necessary information and documents about individuals and organizations that have breached the regulations on issue and use of seaman’s passports for handling.”

9. Article 32 concerning the competent authorities’ sending or permitting the cadres, public servants or officers to go abroad is amended and added as follows:

“Article 32.

1. The competent authorities send the persons subject to being issued with diplomatic and official passport specified in Article 6 and 7 of this Decree abroad, including:

a) Relating to Vietnam Communist Party:

- Politburo, Party Central Committee

- Secretariat of Party Central Committee;

- Committees directly under the Party Central Committee;;

- Office of Party Central Committee;

- Provincial and municipal Party Committee under the Central Government;

- Other bodies established by the decision of the Politburo, the Secretariat, the Party Central Executive Committee;

b) Relating to the National Assembly:

- Standing Committee of the National Assembly;

- Ethnic Council of National Assembly

- Committees of National Assembly;

- Committees and Institutes of Standing Committee of National Assembly;

- Office of National Assembly;

- State Auditor.

c) Office of State President.

d) Relating to the Government:

- The Prime Minister;

- The Ministries, ministerial-level bodies, governmental bodies and other organizations established by the Government and the Prime Minister.

dd) Supreme People's Court

e) Supreme People's Procuracy

g) Relating to local state bodies:

- People’s Council of provinces and centrally-run cities;

- People’s Committee of provinces and centrally-run cities;

h) Central Committee of the Vietnam Fatherland Front

i) Relating to central social – political organizations:

- Vietnam General Confederation of Labor;

- Central Vietnam Women's Union;

- Central Ho Chi Minh Communist Youth Union;

- Central Vietnam Farmer’s Union;

- Central Vietnam Veterans’ Union.

k) The unions with public servants are appointed by the competent authorities of the Party or the State to hold the key positions in the form of rotation.

l) Chairman of Science Policy and National Technology Council.

2. The head of Ministries, ministerial bodies, governmental bodies and the public non-business organizations established by the Government, Chairman of People’s Committee of provinces and centrally-run cities may authorize their subordinate units to send or permit their cadres, public servants or officials to go abroad.

3. The heads of competent authorities specified in Clause 1 of this Article shall issue the regulations on managing the going abroad of cadres, public servants and officers under their management.

4. For personnel under the management of the Party Central Executive Committee, the relevant provisions shall apply.

Article 2. Implementation provision

1. This Decree takes effect from 01/12/2015.

2. Decree No. 65/2012/ND-CP dated 06/09/2012 amending and adding some articles of Decree No. 136/2007/ND-CP dated 17/08/2007 of the Government on entry and exit of Vietnamese citizens shall be invalidated from the effective date of this Decree.

3. The Ministers, heads of ministerial-level bodies, heads of governmental bodies, Chairman of People's Committees of provinces and centrally-run cities are liable to execute this Decree. /.