Luật xuất cảnh, nhập cảnh của công dân Việt Nam 2019 số 49/2019/QH14

LAW

ENTRY AND EXIT OF VIETNAMESE CITIZENS

Pursuant to Constitutions of Socialist Republic of Vietnam;

National Assembly promulgates Law on Entry and Exit of Vietnamese Citizens.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Law prescribe entry and exit of Vietnamese citizens; responsibilities of immigration regulatory agencies and relevant agencies, organizations and individuals.

Article 2. Term interpretation

In this Law, terms below are construed as follows:

1. “Exit” refers to activity of Vietnamese citizens leaving Vietnam territory via border checkpoints of Vietnam.

2. “Entry” refers to activity of Vietnamese citizens entering into Vietnam territory via border checkpoints of Vietnam from foreign countries.

3. “Passports” are documents owned by the Government and issued by competent authorities of Vietnam to Vietnamese citizens to make entry, exit and prove nationality and personal record.

4. “Passport containing electronic chips” refers to a passport embedded with electronic equipment storing encoded information of its holder and digital signature of issuing body.

5. “Laissez-passers” refer to documents issued by competent authorities of Vietnam to Vietnamese citizens to enable travel across borders according to international agreements between Vietnam and countries sharing borders.

6. “Entry and exit control” refers to examination, inspection and verification of persons and papers of entry and exit as specified in this Law.

7. “Exit suspension” refers to suspension or restriction from making exit for a definite period of Vietnamese citizens.

8. “National database for entry and exit of Vietnamese citizens” refers to collection of information of Vietnamese citizens relating to entry and exit that is digitalized, stored, managed and extracted by information infrastructure.

Article 3. Principles of entry and exit

1. Comply with Constitution, regulations and law of Vietnam and relevant international agreements to which Vietnam is a signatory.

2. Ensure openness, transparency and advantages for Vietnamese citizens; stringency and consolidation in managing entry and exit of Vietnamese citizens.

3. Ensure national security, social order and safety; protect legal rights and interests of Vietnamese citizens in entry and exit activities.

4 . Detect and take actions promptly and stringently as per the law against all violations regarding entry and exit of agencies, organizations and individuals.

Article 4. Prohibited acts

1. Provide on purpose false information to be issued, extended or restored or false information relating to loss of entry and exit documents.

2. Fabricate or use fabricated entry and exit documents to make entry or exit, or travel or reside in foreign countries.

3. Gift, give, purchase, sell, borrow, lend, rent, lease, mortgage or receive collateral as entry and exit documents; destroy, erase or falsify entry and exit documents.

4. Use entry and exit documents against regulations and law negatively impacting trustworthiness or damaging interests of Government.

5. Take advantage of entry and exit to violate national security, social security and order of Vietnam, legal rights and interests of agencies and organizations, or lives, health, legal rights and interests of individuals

6. Make entry or exit illegally; organize, arrange, assist, conceal, harbor or enable others to illegally make entry or exit; cross national borders without following procedures as per the law.

7. Obstruct or interfere with law enforcers in issuing entry or exit documents or controlling entry or exit activities.

8. Corrupt, bother or require additional documents, fees and charges, prolong period of dealing with procedures for entry and exit; obstruct citizens exercising rights and obligations as specified in this Law.

9. Issue entry or exit documents ultra vires or for wrong subjects; fail to deter within one’s competence violations against regulations and law on entry and exit of Vietnamese citizens.

10. Destroy, falsify and leak information in National database for entry and exit of Vietnamese citizens; extract information on the national database for entry and exit of Vietnamese citizen against violations and law.

11. Appropriate or reject to issue entry and exit documents, suspend entry and exit or deal with entry and exit against regulations and law.

Article 5. Rights and obligations of Vietnamese citizens

1. A Vietnamese citizen shall hold following rights:

a) Be issued with entry and exit documents as specified in this Law;

b) Choose issuance of a passport containing electronic chips or a passport without electronic chips with respect to persons from 14 years of age;

c) Make entry and exit according to this Law;

d) Ensure privacy of personal and family information on the National database for entry and exit of Vietnamese citizens, except for cases in which provision of information and documents is required by regulations and law;

dd) Request information on entry and exit of himself/herself; request update or revision of information on the National database for entry and exit of Vietnamese citizens and his/her entry and exit documents to ensure adequacy and accuracy;

e) Use his/her passport to perform trade or other procedures as per the law;

g) Complain, accuse, file lawsuits and request compensation as per the law.

2. A Vietnamese citizen shall hold following obligations:

a) Comply with regulations and law of Vietnam regarding entry and exit of Vietnamese citizens and law of country of destination when travelling abroad;

b) Adopt procedures for requesting issuance of entry and permit documents, extension of passports and restoration of passport uses as specified in this Law;

c) Use entry and exit documents issued by competent agencies of Vietnam to make entry and exit;

d) Comply with commands of competent agencies and individuals in inspecting physically, luggage and entry and exit documents during entry and exit procedures;

dd) Submit fees for issuance of entry and exit documents as per the law.

3. Incapacitated persons, persons having limited recognition or behavioral control as specified in Civil Code and persons under 14 years of age shall exercise their rights and obligations as specified in this Law via their legal representatives.

Chapter II

ENTRY AND EXIT DOCUMENTS

Article 6. Entry and exit documents

1. Entry and exit documents include:

a) Diplomatic passports;

b) Service passports;

c) Regular passports;

d) Laissez-passers.

2. Passports containing or not containing electronic chips issued for Vietnamese citizens from 14 years of age. Passports not containing electronic chips shall be issued to Vietnamese citizens less than 14 years of age of issued by shortened procedures.

3. Information on entry and exit documents include: pictures; family name, middle name and first name; date of birth; gender; nationality; symbol, entry and exit documents number; date of issue and issuing body; date of expiry; personal identification number or ID number; positions or titles in case of diplomatic passports and service passports satisfactory to diplomatic purposes.

Article 7. Validity of entry and exit documents

1. Diplomatic passports and service passports shall be effective from 1 to 5 years; can be extended no more than 3 years per instance.

2. Validity of regular passports is as follows:

a) Regular passports issued to persons from 14 years of age shall be effective for 10 years and shall not be extended;

b) Regular passports issued to persons under 14 years of age shall be effective for 05 years and shall not be extended;

c) Regular passports issued by shortened procedures shall be effective for no more than 12 months and shall not be extended.

3. Laissez-passers shall be effective for no more than 12 months and shall not be extended.

Chapter III

ISSUANCE AND DELAYED ISSUANCE OF ENTRY AND EXIT DOCUMENTS

Section 1. ISSUANCE OF DIPLOMATIC PASSPORTS AND SERVICE PASSPORTS

Article 8. Persons to be issued with diplomatic passports

1. General Secretary of Central Committee of the Communist Party, members of Political Bureau, Secretary of Central Communist Party, members of Central Committee of the Communist Party, alternative members of Central Committee of the Communist Party; heads and vices of agencies affiliated to Central Committee of Communist Party, other agencies established by Central Committee of the Communist Party, Political Bureau and Secretariat of the Central Committee of the Communist Party, and Office of the Party Central Committee; Members of Central Inspection Commission of the Central Committee of the Communist Party of Vietnam; Secretary, Deputy Secretary of Party Executive Committees of provinces and central-affiliated cities, Executive Communist Party of central government authorities and central enterprises; commissioners, assistants and secretary of General Secretary of  Central Committee of the Communist Party; assistants of members of Political Bureau.

2. Chairperson of National Assembly, Vice Chairperson of National Assembly; heads, vices and standing members of agencies of National Assembly; heads and vices of agencies affiliated to Standing Committee of National Assembly and Office of the National Assembly; State Auditor General, Vice State Auditor General; members of National Assembly; assistants and secretaries of Chairperson of National Assembly.

3. President, Vice President; Chairperson and Vice Chairperson of the Office of the President; commissioners, assistants and secretaries of President.

4. Prime Minister, Deputy Prime Minister; heads and vices of ministries, ministerial agencies, Governmental agencies and other agencies established by the Government; heads of General Department or similar rank; active officers with Major General or Rear Admiral ranks or higher; commissioners, assistants and secretaries of Prime Minister.

5. Former General Secretary of Central Committee of the Communist Party, former President, former Chairperson of National Assembly, former Prime Minister, former members of Political Bureau, former Secretary of Central Committee of the Communist Party of Vietnam, former Vice President, former Vice Chairperson of National Assembly, former Deputy Prime Minister.

6. Chief Justice and Deputy Chief Justices of the Supreme People’s Court.

7. Procurator General and Deputy Procurator General of Supreme People’s Procuracy.

8. Chairperson and Vice Chairperson of People's Councils and People's Committees of provinces.

9. Chairperson, Vice Chairperson, Secretary General, members of Standing Committee of

10. Presidents, Vice Presidents of Vietnam General Confederation of Labor, Vietnam Farmers' Union, Vietnam Women's Union and Vietnam Veterans Association; First Secretary, Standing Secretary of Ho Chi Minh Central Communist Youth Union.

11. Individuals serving in diplomatic sector and holding diplomatic ranks or positions of attachés or higher in diplomatic missions, standing delegations in inter-government international organizations, consular representative offices of Vietnam in foreign countries.

12. Diplomatic couriers and consular couriers.

13. Spouses of General Secretary of Central Committee of the Communist Party, President, Chairperson of National Assembly, Prime Minister, members of Political Bureau, Secretary of Central Communist Party, Vice President, Vice Chairperson of National Assembly, Deputy Prime Minister accompanying on work trips.

14. Spouses and children under 18 years of age of persons specified in Clause 11 of this Article accompanying or visiting such persons during their missions.

15. If necessary, based on diplomatic requests, state protocol or nature of the work trip, Minister of Foreign Affairs shall issue diplomatic passports as directed by Prime Minister or consider issuance of diplomatic passports at request of competent agencies and individuals specified in Article 11 of this Law for persons not listed under this Article.

Article 9. Persons to be issued with service passports

1. Officials according to regulations and law on officials.

2. Public employees of public service providers including:

a) Heads and vices of public service providers; persons holding executive ranks and deputy ranks of organizations inferior to public service provider affiliated to Political Bureau, Secretariat, Standing Committee of National Assembly and Government;

b) Heads and vices of public service providers; persons holding executive ranks and persons holding deputy ranks of organizations inferior to public service provider of departments and similar agencies of Central Communist Party, Office of the President, Office of the National Assembly, State Audit Office of Vietnam, People’s Supreme Procuracy, ministries, ministerial agencies, Governmental agencies and other agencies established by Government and Prime Minister; Central Committee of Vietnamese Fatherland Front and central agencies of socio-political organizations;

c) Heads and vices of public service provider; persons holding executive ranks and persons holding deputy ranks of organizations inferior to public service providers affiliated to General Departments, Departments and similar affiliated to ministries, ministerial agencies; Party Executive Committees of provinces and central-affiliated cities; People’s Committees of provinces; Provincial Committees of Vietnamese Fatherland Front and socio-political organizations of provinces;

d) Heads of public service providers affiliated to Party Executive Committees of districts, wards, provinces and central-affiliated cities; specialized agencies affiliated to People’s Committees of provinces and wards;

dd) Persons holding positions whose tasks include state management in public service providers assigned to perform state management.

3. Officers and non-commissioned officers in People's Army and People’s Public Security; persons conducting cipher activities in cipher organizations.

4. Employees of representative offices of Vietnam in foreign countries; state news reporters and journalists of Vietnam residing overseas.

5. Spouses and children under 18 years of age of persons specified in Clause 4 of this Article accompanying or visiting such persons during their missions.

6. If necessary, based on requirement and nature of the work trip, Minister of Foreign Affairs shall issue service passports as directed by Prime Minister or consider issuance of service passports at request of competent agencies and individuals specified in Article 11 of this Law for persons not listed under this Article.

Article 10. Conditions for issuance of diplomatic passports and service passports

Vietnamese citizens shall be issued with diplomatic passports or service passports if they:

1. are specified in Article 8 or Article 9 of this Law; and

2. are assigned or permitted overseas travel by competent agencies and individuals specified in Article 11 of this Law to perform missions.

Article 11. Authorization for permission or assignment of persons to be issued with diplomatic passports or service passports

1. Political Bureau; Secretariat; boards, committees and agencies affiliated to Central Committee of the Communist Party; other agencies established by Central Committee of the Communist Party, Political Bureau and Secretariat of Central Communist Party; Office of the Party Central Committee; Party Executive Committees of provinces and central-affiliated cities.

2. Standing Committee of National Assembly; Ethnic Minorities Council, committees affiliated to National Assembly; agencies affiliated to Standing Committee of National Assembly; Chairperson of Office of the National Assembly; State Auditor General.

3. Prime Minister; ministers, ministerial agencies, heads of Governmental agencies and other agencies established by Government or Prime Minister.

4. Chairperson of Office of the President.

5. Chief Justice of the Supreme People’s Court.

6. Procurator General of Supreme People’s Procuracy.

7. Standing People's Councils and People's Committees of provinces.

8. Central Committee of Vietnamese Fatherland Front.

9. Vietnam General Confederation of Labor, Vietnam Farmers' Union, Vietnam Women's Union, Vietnam Veterans Association and Ho Chi Minh Central Communist Youth Union.

10. Personnel under management of Political Bureau and Secretariat are subject to relevant provisions of the laws.

11. Ministries, ministerial agencies, heads of Governmental agencies, other agencies established by Government or Prime Minister and Chairperson of People’s Committees of provinces may authorize heads of affiliated entities in assigning or permitting officials and employees to go abroad on work trips and submit written notice to competent agencies for issuance of passports.

Article 12. Domestic issuance and extension of diplomatic passports and service passports

1. Persons applying for issuance or extension of passports shall submit completed applications form using defined templates, 2 pictures and relevant documents as specified in Clause 2 of this Article to consular missions of Ministry of Foreign Affairs or agencies authorized by Ministry of Foreign Affairs.

2. Documents relating to application for issuance and extension of passports include:

a) Decision on assignment or documents permitting persons to travel abroad issued by competent agencies and individuals and specifying in details eligibility of persons applying for issuance or extension; and

b) Acceptance documents of competent agencies and individuals assigning persons to go abroad with respect to persons specified in Clauses 13 and 14 Article 8, Clause 5 Article 9 of this Law and decisions and acceptance documents of Ministry of Foreign Affairs with respect to persons specified in Clause 14 Article 8, Clause 5 Article 9 of this Law; and

c) The most recently issued diplomatic passports or service passports; in case passports are lost, supervisory authorities of persons to be issued with passports must submit written notice; and

d) Diplomatic passports or service passports with less than 12 months in terms of passport validity in case of application for passport extension; and

dd) Photocopies of ID cards, Citizen Identity Cards or other identification documents and original copies thereof for comparison; and

e) Photocopies of ID cards, Citizen Identity Cards, birth certificates, extracts of birth certificates or certificates of adoption in case of under 18 years of age specified in Clause 14 Article 8, Clause 5 Article 9 of this Law and original copies thereof for comparison; and

g) Letters of introduction of agencies and organizations in case applications are applied by representatives; the representatives must present identification documents.

3. Assigned persons are responsible for accessing the application, pictures and relevant documents; examining and comparing with information on the national database for entry and export of Vietnamese citizens; taking photos and collecting fingerprints of persons applying for issuance of passports containing electronic chips for the first time; issuing notice of result collection.

4. Within 5 working days from the date of receipt, consular missions of Ministry of Foreign Affairs or agencies authorized by Ministry of Foreign Affairs shall issue or extend passports, issue diplomatic notes for visas and return the results; in case of failure to issue or extend passports, produce written response stating reasons.

5. Persons applying for issuance or extension of diplomatic passports or service passports domestically wishing to receive results in locations other than the agencies specified in Clause 4 of this Article shall pay fees for delivery services.

Article 13. Overseas issuance and extension of diplomatic passports and service passports

1. A person shall be issued with a diplomatic passport or service passport or extended his/her diplomatic passport or service passport if:

a) His/her diplomatic passport or service passport is lost, damaged, running out of pages or expired during his/her overseas work trip; or

b) He/she who is currently a member of an overseas representative office of Vietnam or a state news agency, press agency of Vietnam and residing overseas undergoes changes to his/her job title; or

c) He/she who is living overseas is assigned to be a member of a representative office of Vietnam or a state news agency, press agency of Vietnam residing overseas; or

d) He/she is a spouse, child under 18 years of age visiting or accompanying, or an overseas newborn child of a member of a representative office or a state news agency, press agency of Vietnam residing overseas.

2. Persons applying for issuance or extension of passports shall submit completed applications form using defined templates, 2 pictures and relevant documents as specified in Clause 3 of this Article to Vietnam representative offices located overseas.

3. Documents relating to issuance and extension of diplomatic passports and service passports overseas include:

a) Decisions on assignment or documents permitting persons to travel abroad of competent agencies and individuals specifying in details eligibility of persons applying for issuance or extension with respect to cases specified in Points a and d Clause 1 of this Article; in case of overseas newborn children, copies of birth certificates or extracts thereof are required; and

b) Documents of competent agencies or individuals regarding assignment or changes to job title with respect to cases specified in Points b and c Clause 1 of this Article; and

c) Diplomatic passports or service passports with less than 12 months in terms of passport validity in case of application for passport extension; and

d) The most recently issued diplomatic passports or service passports; in case of lost passports, submit written notice to Vietnam representative offices located overseas.

4. Assigned persons are responsible for accessing the application, pictures and relevant documents; examining and comparing with information on the national database for entry and export of Vietnamese citizens; taking photos and collecting fingerprints of persons applying for issuance of passports containing electronic chips for the first time; issuing notice of result collection.

5. Within 5 working days from the date of receipt, Vietnam representative offices located overseas shall issue or extend passports, issue diplomatic notes for visas and return the results; in case of failure to issue passports, prolonged issuance period due to verification or failure to extend passports, specify reasons and issue written notice to consular missions of Ministry of Foreign Affairs in case the representative offices have not connected to the National database for entry and exit of Vietnamese citizens.

Section 2. ISSUANCE OF REGULAR PASSPORTS

Article 14. Persons to be issued with regular passports

Vietnamese citizens not specified in Article 21 of this Law shall be considered for issuance of regular passports.

Article 15. Domestic issuance of regular passports

1. Persons applying for issuance of passports shall submit completed application forms using defined templates, 2 pictures and relevant documents specified in Clause 2 of this Article; present valid ID cards, Citizen Identity Cards or passports.

2. Documents relating to domestic issuance of regular passports include:

a) Copies of birth certificates or extracts thereof with respect to persons under 14 years of age; and

b) The most recently issued regular passports with respect to persons who have been issued with passports; in case of lost passports, attach notice of loss or notice of receipt of competent agencies specified in Article 28 of this Law; and

c) Photocopies of ID cards or Citizen Identity Cards with respect to changes to personal information compared to information in the most recently issued passports; and

d) Verified photocopies of documents issued by competent agencies proving authorized legal representatives for incapacitated persons, persons having limited recognition or behavioral control as specified in Civil Code and persons under 14 years of age. In case photocopies are not verified, present original copies for examination and comparison.

3. A person shall apply for issuance of passport for the first time at immigration authority of provincial police where he/she temporarily or permanently resides; in case he/she has Citizen Identity Cards, he/she shall apply at immigration authority of provincial police wherever suitable.

4. A person applying for passport issuance for the first time may choose to do so at immigration authority of Ministry of Public Security if:

a) He/she has letter of introduction or recommendation of hospitals regarding travelling abroad for medical diagnosis and/or treatment; or

b) His/her overseas relatives are identified to be in accidents, diseased or deceased according to well-grounded basis; or

c) Supervisory authority of his/hers who is an employee, official, officer, non-commissioned officer, professional serviceman or cadre in armed forces or personnel of cipher organization issues documents requesting issuance; or

d) He/she applies due to other humanitarian or emergency reasons decided by heads of the immigration authority of Ministry of Public Security.

5. A person shall apply for issuance of passport for the second time at immigration authority of provincial police of choice or immigration authority of Ministry of Public Security.

6. Assigned persons are responsible for accessing the application, pictures and relevant documents; examining and comparing with information on the national database for entry and export of Vietnamese citizens; taking photos and collecting fingerprints of persons applying for issuance of passports containing electronic chips for the first time; issuing notice of result collection.

7. Within 8 working days from the date of receipt, immigration authorities of provincial police shall return results to applicants.  Within 5 working days from the date of receipt, immigration authorities of Ministry of Public Security shall return results to applicants.  Processing times for cases specified in Clause 4 of this Article shall last no longer than 3 working days from the date of receipt. In case of delayed issuance of passports, immigration authorities shall respond in written form and state reasons.

8. Persons applying for issuance of passports wishing to receive results in locations other than the agencies specified in Clause 7 of this Article shall pay fees for delivery services.

Article 16. Overseas issuance of regular passports

1. Persons applying for issuance of passports shall submit completed application forms using defined templates. 2 pictures and relevant documents specified in Clause 2 Article 15 of this Law, and present Vietnamese passports or personal identification documents issued by Vietnamese competent authorities.

In case of failure of obtain Vietnamese passports or personal identification documents issued by Vietnamese competent authorities, present personal identification documents issued by foreign competent authorities and documents proving Vietnamese nationality or documents serving as basis for determination of Vietnamese nationality according to regulations and law on nationality.

2. A person shall application for issuance of passport for the first time at a Vietnam representative office where he/she resides.  He/she shall request for issuance of passport for the second time at a Vietnam representative office of his/her choice.

3. Assigned persons are responsible for accessing the application, pictures and relevant documents; examining and comparing with information on the national database for entry and export of Vietnamese citizens; taking photos and collecting fingerprints of persons applying for issuance of passports containing electronic chips for the first time; issuing notice of result collection.

4. Within 5 working days from the date of receipt of application for first-time issuance of passport and 3 working days for subsequent issuance of passports, if conditions for passport issuance are satisfied, a Vietnam representative office located overseas receiving the application for issuance of passport shall return the result to the applicant and submit written notice to immigration authority of Ministry of Public Security and consular mission of Ministry of Foreign Affairs if the Vietnam representative office has not connected to the National database for entry and exit of Vietnamese citizens.

In case of unsatisfactory to conditions for issuance of passport or additional period for determination of conditions for issuance of passport, the Vietnam representative office located overseas shall respond to the applicant in written form stating the reasons.

5. Additional period for determination of conditions for issuance of passports specified in Clause 4 of this Article is prescribed as follows:

a) Within 3 working days from the date on which application is received, Vietnam representative offices located overseas shall submit documents using defined templates to consular mission of Ministry of Foreign Affairs or immigration authority of Ministry of Public Security to determine within their authority;

b) Within 15 days from the date on which documents of Vietnam representative offices located overseas are received, consular mission of Ministry of Foreign Affairs or immigration authority of Ministry of Public Security shall respond to the Vietnam representative offices located overseas in written form;

c) Within 2 working days from the date on which written response of consular mission of Ministry of Foreign Affairs or immigration authority of Ministry of Public Security is received, the Vietnam representative offices located overseas shall issue passports and return results to applicants; in case of delayed issuance, the Vietnam representative offices located overseas shall respond to applicants in written form and state reasons.

6. Persons applying for issuance of passports wishing to receive results in locations other than the agencies specified in Clause 2 of this Article shall pay fees for delivery services.

Section 3. ISSUANCE OF REGULAR PASSPORTS VIA ADOPTION OF SHORTENED PROCEDURES

Article 17. Persons to be issued with regular passports via adoption of shortened procedures

1. Persons travelling abroad for a definite period, losing their regular passports and wishing to return immediately.

2. Persons subject to written decision on expulsion of competent authorities of their host countries and lacking passports.

3. Persons forcibly returning to their countries according to international agreements or treaties on repatriation.

4. Persons issued with regular passports for purposes of national defense and security.

Article 18. Issuance of regular passports via adoption of shortened procedures

1. A person travelling abroad for a definite period, losing his/her regular passport and wishing to return immediately shall be issued with a regular passport as follows:

a) The applicant shall submit a notice on loss of passport, a completed declaration form using defined templates, 2 pictures and personal identification documents issued by Vietnamese competent authorities if any;

b) Within 2 working days from the date on which the application is received, a Vietnam representative office located overseas shall consider and decide issuance of passport, return results to the applicant and submit written notice to immigration authority of Ministry of Public Security in case the Vietnam representative office located overseas has not connected to the National database for entry and exit of Vietnamese citizens;

c) In case of unsatisfactory to conditions for issuance of passport, within 2 working days from the date on which the application is received, the Vietnam representative office located overseas shall submit a document using defined templates to immigration authority of Ministry of Public Security for verification while inform the applicant in written form;

d) Within 02 working days from the date on which documents of the Vietnam representative office located overseas are received, immigration authority of Ministry of Public Security shall respond to the Vietnam representative offices located overseas regarding passport issuance;

dd) Within 1 working day from the date on which the response is received, the Vietnam representative office located overseas shall issue passport and return results to the applicant; in case of failure to issue, respond in written form and state reasons;

e) In case his/her domestic relatives fill in the declaration form, immigration authority of Ministry of Public Security shall receive, examine, respond to the relatives and submit written notice to the Vietnam representative office located overseas within 2 working days after receiving the application; within 1 working day from the date on which the notice is received, the Vietnam representative office located overseas shall receive photos of the applicant, issue regular passport and return results.

2. A person subject to written decision on expulsion of competent authority of his/her host country and lacking passport shall be issued with a regular passport as follows:

a) A Vietnam representative office located overseas shall receive the decision on expulsion of competent authority of host country and 2 pictures of the expelled person;

b) Within 2 working days after receiving the expulsion decision of the host country, the Vietnam representative office located overseas shall send information of the expelled person using defined form to immigration authority of Ministry of Public Security;

c) Within 15 working days from the date on which the request is received, immigration authority of Ministry of Public Security shall verify and respond to the Vietnam representative office located overseas;

d) The Vietnam representative office located overseas shall issue a limited-validity regular passport as notified by immigration authority of Ministry of Public Security.

3. A person forcibly returning to his/her country according to international agreements or treaties on repatriation shall be issued with a regular passport as follows:

a) An immigration authority of Ministry of Public Security shall receive and process requests of foreign party according to signed international agreements or treaties regarding repatriation;

b) In case of acceptance, issue a regular passport with less than 6 months of validity and hand over to the foreign party according to international agreements or treaties.

4. Immigration authorities of Ministry of Public Security shall issue regular passports or inform Vietnam representative offices located overseas in written form to issue regular passports on the basis of decisions of Minister of Public Security with respect to national defense and security purposes.

Section 4. ISSUANCE OF LAISSEZ-PASSERS

Article 19. Persons to be issued with laissez-passers

1. Vietnamese citizens residing in communes, districts or provinces sharing borders with neighboring countries.

2. Officials, employees and workers of agencies, organizations and enterprises in provinces sharing borders with neighboring countries.

3. Officials, employees and workers of agencies, organizations and enterprises which are located in central provinces or other provinces while their head offices are located in provinces sharing borders with neighboring countries.

4. Government shall elaborate this Article.

Article 20. Issuance of laissez-passers

1. A person applying for issuance of a laissez-passer shall submit application and receive results at competent agencies specified in Clause 2 of this Article. In case of rejection, competent agencies or persons receiving the application shall respond and state reasons therefor

2. Police of communes, wards, townlets, districts, towns, cities of provinces and immigration authorities of police of provinces sharing borders with neighboring countries shall issue laissez-passers for cases specified in Article 19 of this Law.

3. Government shall elaborate on procedures and authorization for issuance of laissez-passers; prescribe revocation and termination of laissez-passers.

Section 5. DELAYED ISSUANCE OF ENTRY AND EXIT DOCUMENTS

Article 21. Cases of delayed issuance of entry and exit documents

1. Persons failing to comply with decisions on administrative sanctions against violations specified in Clauses 1, 2, 3, 4, 5, 6 or 7 Article 4 of this Law.

2. Persons suspended from making exit, except for cases specified in Clauses 12 Article 37 of this Law.

3. Persons influencing national defense and security according to decision of Minister of National Defense or Minister of Public Security.

Article 22. Period of delayed issuance of entry and exit documents

1. With respect to cases specified in Clause 1 Article 21 of this law, period of delayed issuance of entry and exit documents shall last until decisions on administrative sanctions are fully complied with.

2. With respect to cases specified in Clause 2 Article 21 of this Law, period of delayed issuance of entry and exit documents shall be determined by period of exit suspension imposed on a case-by-case basis.

3. With respect to cases specified in Clause 3 Article 21 of this Law, period of delayed issuance of entry and exit documents shall last until national defense and security are no longer influenced according to decisions of Minister of National Defense and Minister of Public Security.

Chapter IV

SUPERVISION, USE, REVOCATION, CANCELLATION AND RESTORATION OF ENTRY AND EXIT DOCUMENTS

Section 1. SUPERVISION AND USE OF ENTRY AND EXIT DOCUMENTS

Article 23. Responsibilities of holders of entry and exit documents

1. Preserving and keeping entry and exit documents in pristine conditions; promptly inform competent authorities if entry and exit documents are lost; following procedures to issue entry and exit documents anew should such documents be damaged, personal information, identity attributes be changed or sex be reassigned.

2. Using only 1 type of valid entry or exit document for each session of entry or exit.

3. Within 5 working days from the date on which entry or exit activity concludes, diplomatic passports and service passports must be returned to agencies and individuals supervising passports specified in Clause 1 Article 24 of this Law, except for legitimate reasons decided by heads of agencies.

4. If a person changes his/her workplace, report to agencies and individuals supervising passports of where he/she moves from and to to enable them to supervise diplomatic passports or service passports according to this Law.

Article 24. Supervision of diplomatic passports and service passports

1. Competent agencies and individuals specified in Article 11 of this Law or agencies and individuals authorized for supervision of diplomatic passports and service passports are responsible for:

a) supervising diplomatic passports and service passports of employees, officials, officers and professional servicemen in People’s Army, People’s Public Security and individuals conducting cipher activities under their management;

b) supervising diplomatic passports, service passports of relatives specified in Clause 13 and Clause 14 Article 8, Clause 5 Article 9 of this Law of individuals under their management accompanying or visiting such individuals on their work trip.

2. Procedures for supervision of diplomatic passports and service passports are prescribed as follows:

a) Produce records to keep track of assignment and receipt of passports and ensure absolute safety to passports stored at agencies supervising passports;

b) Assign passports to persons eligible for passport issuance upon decision on overseas work trip. Assignment of passports must be signed to verify;

c) Transfer passports to new agencies and individuals supervising passports when persons issued with passports are reassigned;

d) Inform competent agencies and individuals in written form about persons issued with passports deliberately failing to hand over passports to agencies and individuals supervising passports or using passports against regulations and law;

dd) Inform passport issuing bodies affiliated to Ministry of Foreign Affairs and immigration authorities of Ministry of Public Security promptly in written form about loss and/or damage to passports under their supervision;

e) Hand over to passport issuing bodies affiliated to Ministry of Foreign Affairs to annul passports of persons no longer eligible for use of diplomatic passports and service passports;

g) Report to competent agencies to take actions against violations in use and supervision of passports against original purposes.

Article 25. Use of diplomatic passports and service passports

1. Persons issued with diplomatic passports and service passports shall use such passports in case of travel abroad according to decision on assignment or documents of acceptance of competent agencies and individuals specified in Article 11 of this Law, except for cases of studying abroad for more than 6 months.

2. Diplomatic passports and service passports for overseas work trip shall be used in accordance with decision on assignment for work trip and nature of work conducted overseas.

Article 26. Use of regular passports and laissez-passers

1. Vietnamese citizens issued with regular passports may use such passports to make entry and exit, except for cases of being suspended from making exit.

2. Vietnamese citizens issued with laissez-passers may use such laissez-passers to cross borders and operate in neighboring countries according to international agreements between Vietnam and countries sharing borders, except for cases of being suspended from making exit.

Section 2. REVOCATION, CANCELLATION AND RESTORATION OF PASSPORTS

Article 27. Cases of revocation and cancellation of passports

1. Cancel a valid but lost passport

2. Revoke and cancel passports of persons subject to renunciation, denaturalization or annulled decision on naturalization of Vietnamese nationality.

3. Revoke and cancel valid diplomatic passports and service passports if holders are no longer eligible for use thereof.

4. Revoke and cancel passports issued to persons specified in Clause 1 Article 21 of this Law.

Article 28. Cancellation of valid and lost passports

1. Cancellation of diplomatic passports and service passports is prescribed as follows:

a) Supervisory authorities of persons issued with diplomatic passports and service passports shall submit written notice on loss of passports as soon as possible to consular missions of Ministry of Foreign Affairs, agencies assigned to Ministry of Foreign Affairs to issue passports or Vietnam representative offices located overseas of choice;

b) Within 1 working day from the date on which the notice on lost passport is received, consular missions of Ministry of Foreign Affairs, agencies assigned by Ministry of Foreign Affairs to issue passports or Vietnam representative offices located overseas shall cancel passports and inform bodies submitting the notice, immigration authorities of Ministry of Public Security, consular missions of Ministry of Foreign Affairs using templates in case such entities have not connected to the National database for entry and exit of Vietnamese citizens.

2. Cancellation of regular passports is prescribed as follows:

a) Within 48 hours from the moment on which regular passports are found to be lost, original holders of such passports shall submit notice on loss of passports in person or in written form to immigration authorities of choice, the nearest police departments or entities supervising entry and exit at border checkpoints or Vietnam representative offices located overseas of choice. In case of force majeure, deadline for submission or sending of notice of loss may be longer but reasons thereof must be specified in such documents;

b) Within 1 working day from the date on which notice on loss of regular passports, accepting agencies are responsible for informing immigration authorities of Ministry of Public Security and persons submitting the notice using defined templates. Within 1 working day from the date on which the notice is received, immigration authorities of Ministry of Public Security shall cancel the passports.

Article 29. Revocation and cancellation of passports of persons subject to renunciation, denaturalization or annulled decision on naturalization of Vietnamese nationality

1. Within 30 days from the date on which decisions on renunciation, denaturalization or annulment of decision on naturalization of Vietnamese nationality, Ministry of Justice shall submit notice in written form to immigration authorities of Ministry of Public Security if persons subject to the renunciation, denaturalization or annulment of decision on naturalization of Vietnamese nationality are residing domestically or submit notice in written form to Vietnam representative offices located overseas if said persons are residing abroad.

2. Within 3 working days from the date on which the notice is received, immigration authorities of Ministry of Public Security shall examine, revoke and cancel valid passports.

3. Within 3 working day from the date on which the notice is received, Vietnam representative offices located overseas shall examine, revoke, cancel valid passports and inform immigration authorities of Ministry of Public Security and consular missions of Ministry of Foreign Affairs about the results using defined templates in case Vietnam representative offices located overseas mentioned above have not connected to the National database for entry and exit of Vietnamese citizens.

Article 30. Revocation and cancellation of valid diplomatic passports and service passports if holders are no longer eligible for use thereof

1. A person issued with a diplomatic passport or service passport is no longer eligible for use thereof if:

a) He/she is deceased or missing; or

b) He/she issued with a diplomatic passport is no longer eligible as specified in Article 8 of this Law due to changes to his/her job titles, positions or family relation; or

c) He/she issued with a service passport is no longer eligible as specified in Article 9 of this Law due to changes to his/her job positions or family relation.

2. If a person is no longer eligible for use of a diplomatic passport or service passport, an agency or individual supervising passports shall send written request to revoke and cancel the diplomatic passport or service passport using defined templates to consular missions of Ministry of Foreign Affairs or agencies authorized by Ministry of Foreign Affairs to issue passports.

3. Within 1 working day from the date on which the request is received, consular missions of Ministry of Foreign Affairs or agencies assigned by Ministry of Foreign Affairs to issue passports shall cancel the passport and inform immigration authorities of Ministry of Public Security in written form in case such entities have not connected to the National database for entry and exit of Vietnamese citizens.

Article 31. Revocation and cancellation of passports of persons subject to delayed issuance of entry and exit documents due to performance of prohibited acts

1. If a person is proved to be subject to cases of delayed issuance of entry and exit documents specified in Clause 1 Article 21 of this Law, an agency issuing passports shall examine and request the person to turn in his/her issued valid passports to have use of such passports cancelled.

2. If the passports cannot be retrieved, the agency issuing passports shall cancel the use of said passports.

Article 32. Restoration of regular passports

1. A passport that is found to be intact and containing valid visas issued by foreign countries after being cancelled due to being lost domestically shall be considered for restoration.

2. A person applying for restoration of passports shall fill in the application form, attach the passports and submit to immigration authorities of Ministry of Public Security or immigration authorities of provincial police of choice.

3. Assigned persons are responsible for receiving, examining, comparing information in the application forms with information in the passports and issuing notice of results collection date.

4. Restoration of regular passports shall be conducted at immigration authorities of Ministry of Public Security.

5. Within 3 working days from the date on which the application is received, immigration authorities of Ministry of Public Security shall return restored passports to the applicant; in case of rejection, respond in written form and state reasons therefor.

Within 5 working days from the date on which the application is received, immigration authorities of provincial police shall return restored passports to the applicant; in case of rejection, respond in written form and state reasons therefor.

Chapter V

ENTRY, EXIT AND EXIT SUSPENSION

Article 33. Eligibility for exit

1. A Vietnamese citizen may make exit if he/she:

a) has entire and valid entry and exit documents; 6 months or more in terms of passport validity; and

b) has visas or documents confirming and verifying entry acceptance of destination country, except for cases of visa-free entry; and

c) is not listed under cases of prohibited from making exit, ineligible for making exit and suspended from making exit as per the law.

2. Incapacitated persons and persons with limited recognition and behavioral control as specified in Civil Code and persons under 14 years of age must be accompanied by authorized legal representatives in addition to conditions specified in Clause 1 of this Article.

Article 34. Eligibility for entry

A Vietnamese citizen may make entry if he/she has entire and valid entry and exit documents.

Article 35. Entry and exit control

1. A Vietnamese citizen when making entry or exit shall present to individuals performing entry and exit control tasks or automatic check-in gates the documents specified in Points a and b Clause 1 Article 33 and Article 34 of this Law, except for cases of travelling on national defense and security transportation to enter and exit Vietnam territory for national defense and security purposes.

With respect to cases specified in Clause 2 Article 33 of this Law, authorized legal representatives must present documents proving legal representation.

2. Persons performing entry and exit control tasks are responsible for inspecting eligibility for entry and exit as specified in Article 33 and Article 34 of this Law, comparing with information in the National database for entry and exit of Vietnamese citizens and proceeding as follows:

a) In case of eligible, allow entry and exit;

b) In case of ineligible for exit, make records and reject exit;

c) In case of ineligible for entry, take actions according to regulations and law on sanctions against administrative violations and allow entry;

d) With respect to cases specified in Clause 3 Article 21 of this Law, conduct inspection according to decisions of Minister of Public Security and Minister of National Defense.

3. Government shall elaborate on performing entry and exit control by automatic check-in gates; prescribe adoption of entry and exit control on persons travelling on national defense and security transportation to enter and exit Vietnam territory for national defense and security purposes.

Article 36. Persons subject to exit suspension

1. Suspects and defendants; persons who are accused or filed for charge, later proved that they may have committed crimes thus must be prevented from escaping or destroying evidence as specified in Code of Criminal Procedure.

2. Persons subject to delayed imprisonment, persons suspended from imprisonment, persons on parole during probation period, persons subject to suspended sentence during probation period, persons executing community services during sentence enforcement period according to Law on Execution of Criminal Judgment.

3. Persons having obligations according to regulations and law on civil procedure if their obligations to government, agencies, organizations and individuals are proved to be involved in proceeding and their exit are proved to influence the proceeding, interests of government, legal rights and interests of agencies, organizations and individuals; persons subject to judgment execution.

4. Civil judgement debtors and legal representatives of agencies and organizations obliged to execute judgment and decisions according to regulations and law on execution of civil judgment if their exit is proved to influence interests of government, legal rights and interests of agencies, organizations and individuals; persons subject to judgment execution. 

5. Tax payers, legal representatives of enterprises subject to enforcement of implementation of administrative decision on tax administration, Vietnamese making exit to reside overseas and Vietnamese residing overseas that have not satisfied tax liabilities according to regulations and law on tax administration before making exit.

6. Persons subject to enforcement and representatives of organizations subject to enforcement of implementation of decision on administrative sanctions and to be prevented from escaping.

7. Persons subject to inspection and verification, proved to have committed particularly serious violations and to be prevented from escaping.

8. Persons contracted from dangerous and infectious diseases and to be prevented from spreading the diseases throughout community unless allowed by foreign parties for entry.

9. Persons whose exit is identified by competent authorities to influence national defense and security on a grounded basis.

Article 37. Authority to make decisions on exit suspension, extension and cancellation of exit suspension

1. Authority to make decisions on exit suspension with respect to cases specified in Clause 1 Article 36 of this Law shall comply with regulations and law on criminal procedure.

2. Competent agencies and individuals capable of making decisions on delayed imprisonment, suspended imprisonment, probationary parole, execution of suspended sentences and execution of community sentences are capable of making decisions on exit suspension with respect to cases specified in Clause 2 Article 36 of this Law.

3. Authority to make decisions on exit suspension with respect to cases specified in Clause 3 Article 36 of this Law shall comply with regulations and law on civil procedure.

4. Authority to make decisions on exit suspension with respect to cases specified in Clause 4 Article 36 of this Law shall comply with regulations and law on execution of civil judgment.

5. Heads of tax authorities according to regulations and law on tax administration are capable of making decisions on exit suspension with respect to cases specified in Clause 5 Article 36 of this Law.

6. Chief Justice of Supreme People’s Court, ministers, heads of ministerial agencies and Chairpersons of People’s Committees of provinces are capable of making decisions on exit suspension with respect to cases specified in Clause 6 Article 36 of this Law at request of persons making decisions on enforced implementation of decisions on adoption of administrative sanctions within their powers. 

7. Heads of central inspecting agencies are capable of making decisions on exit suspension with respect to cases specified in Clause 7 Article 36 of this Law.

8. Minister of Health are capable of making decisions on exit suspension with respect to cases specified in Clause 8 Article 36 of this Law.

9. Minister of National Defense and Minister of Public Security are capable of making decisions on exit suspension with respect to cases specified in Clause 9 Article 36 of this Law.

10. Competent individuals specified in Clauses 1, 2, 3, 4, 5, 6 and 7 of this Article may only make decisions on exit suspension within their tasks and powers and only for cases related to lawsuits and affairs within each individual competence.

11. A person capable of making a decision on exit suspension shall be capable of making decision on extension and cancellation of the decision on exit suspension and legally responsible for his/her decisions.

12. In special cases, Minister of Public Security shall enter into agreements with persons making decisions on exit suspension to allow exit of persons subject to exit suspension.

Article 38. Periods of exit suspension and extension of exit suspension

1. Periods of exit suspension and extension of exit suspension are prescribed as follows:

a) With respect to cases specified in Clause 1 Article 36 of this Law, period of exit suspension shall comply with Code of Criminal Procedure.

b) With respect to cases specified in Clauses 2, 3, 4, 5 and 6 Article 36 of this Law, exit suspension period shall conclude after offenders and persons with obligations have fully complied with judgments or decisions of competent agencies and individuals as specified in this Law;

c) With respect to cases specified in Clause 7 Article 36 of this Law, exit suspension period shall last no more than 1 year and may be extended for no more than 1 year per instance of extension;

d) With respect to cases specified in Clause 8 Article 36 of this Law, exit suspension period shall last no more than 6 months and may be extended for no more than 6 months per instance of extension;

dd) With respect to cases specified in Clause 9 Article 36 of this Law, exit suspension period shall last until national defense and security are no longer influenced according to decisions of Minister of National Defense and Minister of Public Security.

2. If the exit suspension period specified in Clause 1 of this Article expires without being cancelled and extended, the exit suspension will be cancelled automatically.

Article 39. Procedures for exit suspension, extension and cancellation of exit suspension

1. Competent individuals capable of making decisions on exit suspension are responsible for submitting documents using defined templates to immigration authorities of Ministry of Public Security while promptly informing persons subject to exit suspension in written form using defined templates, except for cases specified in Clause 9 Article 36 of this Law.

2. During exit suspension period, if cancellation of the exit suspension is well-grounded, competent individuals specified in Article 37 of this Law shall submit documents annulling decisions on exit suspension using defined templates to immigration authorities of Ministry of Public Security while promptly inform persons subject to exit suspension in written form using defined templates.  

3. Before exit suspension period expires, should extension thereof be necessary, competent individuals specified in Article 37 of this Law shall submit documents using defined templates to immigration authorities of Ministry of Public Security while promptly inform persons subject to extended exit suspension period in written form using defined templates.

4. Competent individuals specified in Article 37 of this Law are responsible for organizing and examining cases of exit suspension within their competence on a regular basis to make decisions on extension or cancellation of exit suspension as specified in Clauses 2 and 3 of this Article.

5. Immigration authorities of Ministry of Public Security are responsible for implementing exit suspension, extension and cancellation of exit suspension promptly after receiving decisions thereon of competent individuals specified in Article 37 of this Law.

Chapter VI

NATIONAL DATABASE FOR ENTRY AND EXIT OF VIETNAMESE CITIZENS

Article 40. Development and management requirements of National database for entry and exit of Vietnamese citizens

1. The National database for entry and exit of Vietnamese citizens shall be developed and managed at immigration authorities of Ministry of Foreign Affairs, connected jointly to immigration agencies, border gate management boards, agencies issuing entry and exit documents and entities performing entry and exit control tasks of Vietnamese citizens affiliated to Ministry of Public Security, Ministry of National Defense and Ministry of Foreign Affairs.

2. The National database for entry and exit of Vietnamese citizens shall be developed in a manner that ensures connection with databases for population, Citizen Identity Cards, crimes, nationalities and other databases, satisfies standards regarding database structures and technical standards and regulations on information technology and maintains continuity, stability, coherence, safety and security.

3. Comply with regulations and policies on electronic documents, transactions and information technology.

4. Collect and update information adequately, accurately and promptly; ensure stable, safe and secured operation.

Article 41. Information on National database for entry and exit of Vietnamese citizens

1. Information to be collected and updated includes:

a) Last, middle and first name of birth name; last, middle and first name of the name currently being used;

b) Date of birth;

c) Gender;

d) Pictures;

dd) Fingerprints;

e) Number, date and place of issue of entry and exit documents;

g) ID numbers or personal identification numbers;

h) Progress of exit and entry in Vietnam;

i) Date on which citizen submits notice on loss of entry and exit documents;

k) Revocation, cancellation and restoration of entry and exit documents;

l) Other relevant information.

2. Collection and update of information on the National database for entry and exit of Vietnamese citizens shall comply with Article 42 of this Law.

Article 42. Collection and update of information on National database for entry and exit of Vietnamese citizens

1. Information on Vietnamese citizens shall be collected and updated on the National database for entry and exit of Vietnamese citizens from following sources:

a) The National population database, database on Citizen Identity Cards, other national databases and specialized databases;

b) Collected information about personal records, pictures and fingerprints of citizens during adoption of procedures for issuance of passports and entry and exit control;

c) Citizens requesting update or revision of information on the National database for entry and exit of Vietnamese citizens and their entry and exit documents;

d) Information provided by relevant agencies, organizations and individuals relating to entry and exit activities of Vietnamese citizens.

2. The collection and update of information on the National database for entry and exit of Vietnamese citizens shall comply with following regulations:

a) Information may only be updated on the National database for entry and exit of Vietnamese citizens once the information has been verified to be accurate;

b) In case of information collected from multiple sources observing discrepancies in contents, agencies in charge of updating the database must examine legitimacy of the information before updating on the National database for entry and exit of Vietnamese citizens and be responsible for the updated information.

3. Responsibilities for collecting and updating information on the National database for entry and exit of Vietnamese citizens are prescribed as follows:

a) Agencies issuing entry and exit documents and agencies performing entry and exit control tasks are responsible for promptly collecting and processing information relating to passport issuance, entry and exit activities of Vietnamese citizens and updating on the National database for entry and exit of Vietnamese citizens; shall responsible for information updated on the National database for entry and exit of Vietnamese citizens; 

b) Agencies managing the National population database, database for Citizen Identity Cards, other relevant national databases and specialized databases are responsible for ensuring continuous and coherent connection with the National database for entry and exit of Vietnamese citizens;

c) Immigration authorities of Ministry of Public Security are responsible for collecting and updating information under their management; ensuring information security and protection as per the law.

4. Other citizens, agencies and organizations are responsible for facilitating and providing information to enable agencies issuing entry and exit documents, agencies performing entry and exit tasks of Vietnamese citizens to collect and update information on the National database for entry and exit of Vietnamese citizens.

Article 43. Management and extraction of National database for entry and exit of Vietnamese citizens

1. The National database for entry and exit of Vietnamese citizens shall be jointly used by all levels to manage entry and exit documents, perform entry and exit control tasks of Vietnamese citizens under responsibility for management of Ministry of Public Security.

2. Extraction of information on the National database for entry and exit of Vietnamese citizens shall be implemented as follows:

a) Immigration authorities of Ministry of Public Security are responsible for consolidating scope of information extraction and use on the National database for entry and exit of Vietnamese citizens;

b) Agencies issuing entry and exit documents, border gate management boards and agencies performing entry and exit tasks shall extract information on the National database for entry and exit of Vietnamese citizens within their functions, tasks and powers.

3. Government shall elaborate on management and extraction of information on the National database for entry and exit of Vietnamese citizens.

Chapter VII

RESPONSIBILITY FOR MANAGEMENT OF ENTRY AND EXIT OF VIETNAMESE CITIZENS

Article 44. Responsibility for State management of entry and exit of Vietnamese citizens

1. Government shall perform joint State management regarding entry and exit of Vietnamese citizens; regulate online public services serving issuance, management and control of passports of Vietnamese citizens.

2. Ministry of Public Security shall take charge and cooperate with Ministry of National Defense and Ministry of Foreign Affairs in being responsible to the Government for implementation of state management on entry and exit of Vietnamese citizens.

Article 45. Responsibilities of Ministry of Public Security

Ministry of Public Security is responsible for:

1. Taking charge and cooperating with Ministry of National Defense, Ministry of Foreign Affairs and relevant ministries in drafting and promulgating or requesting competent agencies to promulgate legislative documents on entry and exit of Vietnamese citizens and the National database for entry and exit of Vietnamese citizens; providing guidelines on suspending exit, extending and cancelling suspension of exit.

2. Taking charge and cooperating with Ministry of Foreign Affairs in prescribing procedures to collect fingerprints of persons applying for issuance of diplomatic passports, service passports and regular passports containing electronic chips; providing guidelines on procedures to issue, revoke and cancel regular passports.

3. Issuing templates of entry and exit documents and other relevant documents as specified in this Law after entering into agreements with relevant ministries; printing, managing and providing entry and exit documents to ensure issuance thereof for citizens.

4. Implementing issuance of regular passports and laissez-passers, examining and controlling entry and exit in border checkpoints under management of Ministry of Public Security.

5. Taking charge and cooperating with relevant ministries in developing, managing, collecting, updating and extracting the National database for entry and exit of Vietnamese citizens; developing and managing information systems for acceptance, store and extraction of digital documents serving issuance and management of passports containing electronic chips and connected to International Civil Aviation Organization to verify and control passports containing electronic chips.

6. Taking charge and cooperating with ministries and local governments in developing, publicizing, popularizing and raising awareness of entry and exit of Vietnamese citizens.

7. Supplying equipment and training personnel managing the National database for entry and exit of Vietnamese citizens.

8. Taking charge and cooperating with Ministry of National Defense in regulating entry and exit control at border checkpoints as specified in this Law.

9. Inspecting, handling complaints, accusation and taking actions against violations regarding entry and exit of Vietnamese citizens.

10. Promoting international cooperation in entry and exit of Vietnamese citizens; taking charge and cooperating with Ministry of Foreign Affairs in entering into international agreements on accepting Vietnamese citizens whose residence is rejected by foreign parties according to assignment of Government; cooperating with Ministry of Foreign Affairs in signing international treaties relating to entry and exit of Vietnamese citizens.

11. Providing Ministry of National Defense with information and documents on persons and organizations violating regulations and law on entry and exit of Vietnamese citizens to serve entry and exit control.

12. Conducting state statistical records regarding entry and exit of Vietnamese citizens.

Article 46. Responsibilities of Ministry of Foreign Affairs

Ministry of Foreign Affairs is responsible for:

1. Cooperating with Ministry of Public Security and Ministry of National Defense in drafting legislative documents on entry and exit of Vietnamese citizens and the National database for entry and exit of Vietnamese citizens.

2. Taking charge and cooperating with Ministry of Public Security in providing guidelines on procedures to issue, extend, revoke and cancel diplomatic passports and service passports adopted by consular missions of Ministry of Foreign Affairs, Vietnam representative offices located overseas and agencies authorized by Ministry of Foreign Affairs; cooperating with Ministry of Public Security in providing guidelines on procedures to issue, revoke and cancel regular passports at Vietnam representative offices located overseas.

3. Implementing issuance, extension and cancellation of diplomatic passports and service passport for domestic Vietnamese citizens.

4. Taking charge and cooperating with Ministry of Public Security in introducing templates of entry and exit documents to competent authorities of foreign countries.

5. Cooperating with Ministry of Public Security in developing, collecting, updating and extracting the National database for entry and exit of Vietnamese citizens; providing Ministry of Public Security with information on identity of competent persons capable of issuing entry and exit documents of Ministry of Foreign Affairs and Vietnam representative offices located overseas.

6. Inspecting and handling complaints and accusation regarding entry and exit of Vietnamese citizens.

7. Taking charge and cooperating with Ministry of Public Security and Ministry of National Defense in entering into international agreements relating to entry and exit of Vietnamese citizens and acceptance of Vietnamese citizens whose residence is rejected by foreign countries.

Article 47. Responsibilities of Ministry of National Defense

Ministry of National Defense is responsible for

1. Cooperating with Ministry of Public Security and Ministry of Foreign Affairs in drafting legislative documents on entry and exit of Vietnamese citizens and the National database for entry and exit of Vietnamese citizens.

2. Taking charge and cooperating with Ministry of Public Security in providing guidelines on procedures to control entry and exit at border checkpoints under management of Ministry of National Defense.

3. Controlling entry and exit at border checkpoints under management of Ministry of National Defense.

4. Inspecting, handling complaints, accusation and taking actions against violations regarding entry and exit of Vietnamese citizens at border checkpoints under management.

5. Cooperating with Ministry of Public Security in developing, collecting, updating and extracting the National database for entry and exit of Vietnamese citizens; providing Ministry of Public Security with information and documents on individuals and organizations violating regulations and law on entry and exit of Vietnamese citizens.

6. Cooperating with Ministry of Foreign Affairs and Ministry of Public Security in entering into international agreements relating to entry and exit of Vietnamese citizens.

Article 48. Responsibilities of Vietnam representative offices located overseas

Vietnam representative offices located overseas are responsible for:

1. Implementing issuance, extending, revoking and cancelling entry and exit documents as specified in this Law.

2. Cooperating with immigration authorities of Ministry of Public Security in collecting, updating and extracting the National database for entry and exit of Vietnamese citizens; submitting written notice to immigration authorities of Ministry of Public Security and consular missions of Ministry of Foreign Affairs information on identity of competent persons capable of issuing entry and exit documents, in case connection with the National database for entry and exit of Vietnamese citizens has not been established, inform to add list of persons issued, extended, revoked and cancelled entry and exit documents.

Article 49. Responsibilities of Government Cipher Committee

Government Cipher Committee is responsible for:

1. Providing governmental specialized digital signature authentication service serving issuance and management of passports containing electronic chips.

2. Instructing ministries and relevant agencies to use governmental specialized digital signature authentication service serving issuance and management of passports containing electronic chips.

3. Cooperating with Ministry of Public Security in developing information systems to receive, store and extract digital documents serving issuance and management of passports containing electronic chips, connected to International Civil Aviation Organization to verify and control passports containing electronic chips.

Article 50. Responsibilities of relevant agencies and organizations

1. Ministries, ministerial agencies and Provincial-level People's Committees are responsible for cooperating with Ministry of Public Security in performing state management on entry and exit of Vietnamese citizens according to regulations and law.

2. Central ministries and Provincial-level People's Committees are responsible for promulgating regulations on managing officials, officers and professional servicemen in People’s Army, People’s Public Security and cipher personnel under their management regarding entry and exit.

3. Agencies and organizations directly managing officials, officers and professional servicemen in People’s Army, People’s Public Security and cipher personnel in cipher organizations are responsible for complying with regulations and law on entry and exit of Vietnamese citizens and regulations specified in Clause 2 of this Article.

Chapter VIII

IMPLEMENTATION

Article 51. Entry into force

This Law comes into force from July 1, 2020.

Article 52. Transition clauses

Entry and exit documents issued before the effective date hereof shall be valid until the expiry date specified in such entry and exit documents.

This Law is approved in the 8th session of the 14th National Assembly of the Socialist Republic of Vietnam in November 22, 2019.