Chương IV Luật xuất cảnh, nhập cảnh của công dân Việt Nam 2019: Quản lý, sử dụng, thu hồi, hủy, khôi phục giấy tờ xuất nhập cảnh

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.