Nghị định 76/2020/NĐ-CP hướng dẫn về đối tượng, trình tự, thủ tục, thẩm quyền cấp, thu hồi, hủy giá trị sử dụng giấy thông hành

DECREE

ON GUIDELINES FOR ELIGIBLE ENTITIES, PROCEDURES AND POWERS TO ISSUE, REVOKE, ANNUL LAISSEZ-PASSERS

Pursuant to the Law on Organization of Government dated June 19, 2015;

Pursuant to the Law on Exit and Entry of Vietnamese citizens dated November 22, 2019;

At the request of the Minister of Public Security;

The Government promulgates a Decree on guidelines for eligible entities, procedures and powers to issue, revoke, annul laissez-passers.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree sets forth eligible entities, procedures and powers to issue, revoke, annul laissez-passers applicable to Vietnamese citizens.

Article 2. Regulated entities

This Decree applies to Vietnamese agencies, organizations, businesses and citizens.

Article 3. Scope of use of laissez-passers

1. The Vietnam-Cambodia border laissez-passer is valid for use within the opposite border province of Cambodia adjacent to Vietnam.

2. The Vietnam-Laos border laissez-passer is valid for use within the opposite border province of Laos adjacent to Vietnam.

3. The Vietnam-China border laissez-passer is valid for use within the opposite border province of China adjacent to Vietnam.

Chapter II

ISSUANCE OF LAISSEZ-PASSERS

Article 4. Eligible entities to be granted laissez-passers

1. Eligible entities to be granted Vietnam-Cambodia border laissez-passers include officials and public employees and workers working in agencies, organizations and enterprises based in the provinces that share the border line with Cambodia sent to the opposite border province of Cambodia to work.

2. Eligible entities to be granted Vietnam-Laos border laissez-passers:

a) Vietnamese citizens having permanent residence in the province sharing the border with Laos;

b) Vietnamese citizens without permanent residence registration in provinces sharing the border with Laos but working in agencies, organizations or enterprises based in the province sharing the border with Laos.

3. Eligible entities to be granted exit and entry laissez-passers through Vietnam - China border region:

a) Vietnamese citizens permanently residing in communes, wards or townships adjacent to the Vietnam-China border;

b) Officials working in state agencies based in districts, towns and provincial cities of Vietnam adjacent to the Vietnam-China border who are sent to the opposite border region of China to work.

Article 5. Application for laissez-passers

Required documents in an application for laissez-passer

1. 01 application form made according to Form M01 enclosed with this Decree, completely filled in. Application form of the following cases shall be made as follows:

a) For any person prescribed in Clause 1, Point b Clause 2 and Point b Clause 3 Article 4 of this Decree, the application form must be certified and affixed with fan stamp on photo by his/her superior body;

b) For any persons who is legally incapacitated, with limited cognition or behavior control under the Civil Code, or is under 14 years of age, the application form must be made and signed by his/her parent or legal representative, and certified and affixed with a fan stamp on photo by the head of the police office of the commune, ward or township where he/she resides;

c) For a person under 16 years of age who applies for the joint exit and entry laissez-passer for Vietnam-China border with one parent, the application form must be made and signed by one parent.

2. 2 portrait photos, 4cm x 6cm size. If the person who is under 16 years old applies for the joint laissez-passer with one parent, stick 1 photo of 3cm x 4cm of that child in the application and submit 1 photo of 3cm x 4cm of that child to paste on the laissez-passer.

3. Other documents for the following cases:

a) 1 copy of the birth certificate or extract of birth for a person under 14 years of age;

b) 01 certified true copy of the document issued by a Vietnamese competent authority proving the legal representative of the person who is legally incapacitated or with limited cognition or behavior control under the provisions of the Civil Code, who is less than 14 years old. In case the photocopy is not certified, present the original for checking and comparison;

c) The laissez-passer which has been issued, if still valid;

d) A letter of recommendation of the agency, organization or enterprise in case of authorization to submit the application.

Article 6. Authorization to submit applications for laissez-passers

1. Persons currently working in agencies, organizations or enterprises with legal status may authorize such agencies, organizations or enterprises to submit applications and receive final decisions on their behalf.

2. In case where an enterprise is authorized to submit an application for issuance of laissez-passer, before submitting the application, such enterprise must send to the laissez-passer issuing authority a dossier of its legal status, including:

a) Certified copy or photocopy of the decision on enterprise establishment or the certificate of enterprise registration; if the photocopy is not certified, the original must be produced for examination and comparison;

b) Written introduction of seal and signature specimens of the legal representative of the enterprise.

3. The dossier of legal status prescribed in clause 2 of this Article shall be only sent once, where there is a change in the content of dossier, the enterprise shall send supplemental documents.

Article 7. Submission place

1. The applicant for a Vietnam-Cambodia border laissez-passer submits an application at the immigration authority affiliated to public security of the province shares the same border with Cambodia where the agency, organization or enterprise that person works is based.

2. The applicant for a Vietnam-Laos border laissez-passer submits an application at the immigration authority affiliated to public security of the province shares the same border with Laos where the agency, organization or enterprise that person works is based.

3. The applicant for exit and entry laissez-passers Vietnam-China border region specified at Point a, Clause 3, Article 4 of this Decree shall submit an application to the police office of commune, ward or district town adjacent to the borderline between Vietnam - China where the person has permanent residence.

4. The applicant for exit and entry laissez-passers Vietnam-China border region specified at Point b, Clause 3, Article 4 of this Decree shall submit an application to the police office of district, town, provincial city of Vietnam adjacent to the borderline between Vietnam - China where the workplace of that person is based.

Article 8. Procedures

1. The applicant for a laissez-passer shall submit 1 set of application as prescribed in Article 5 of this Decree.

2. When submitting the application, the applicant must present a valid identity card (9-digit or 12-digit) for comparison.

3. In case the agency, organization or enterprise is authorized to submit application and receive final decision, the person who is assigned to submit the application shall produce valid letter of introduction or identity card (9-digit or 12-digit) of himself/herself and the authorizing person to for comparison.

4. The persons who are legally incapacitated or with limited cognition or behavior control under the provisions of the Civil Code, who are less than 14 years old shall have the procedures carried out by their legal representatives.

5. The persons in charge shall receive applications for issuance of laissez-passers; do checking and comparison; collect fees and issue appointments to give final decision.

6. The applicant for issuance of laissez-passer must pay a given fee; if he/she requests to receive the final decision at a place other than the one prescribed in Article 7, he/she shall bear the courier cost.

Article 9. Time limit and power to process applications

1. Within 3 working days after receiving a valid application, the Immigration Department of the public security of province which shares the border with Cambodia and the Immigration Department of the public security of province which shares the border with Laos shall issue a laissez-passer and give the final decision to the applicant. In case of refusal, the final decision with explanation shall be provided.

2. Within 1 working day after receiving a valid application, the police office of commune, ward, township which shares the border between Vietnam – China and the police office of district, town, provincial city which shares the border between Vietnam - China shall issue a laissez-passer and give the final decision to the applicant. In case of refusal, the final decision with explanation shall be provided.

Chapter III

REVOCATION AND CANCELLATION OF LAISSEZ-PASSERS

Article 10. Cases of revocation and cancellation of laissez-passers

1. A valid laissez-passer is lost.

2. A laissez-passer has been issued to persons who are temporarily suspended from exit in accordance with the Law on Exit and Entry of Vietnamese citizens.

3. A laissez-passer of a person who has not been issued with a travel document due to the prohibited acts.

Article 11. Cancellation of unexpired laissez-passers which are lost

1. In case of loss of a laissez-passer in the country, within 48 hours after discovering that the laissez-passer is lost, the person who lost the laissez-passer shall, in person, file or send a written report of loss of laissez-passer using Form M02 Issued together with this Decree to the travel document issuing authority. If that person, for force majeure reasons, fails to file or submit the report in due time, a detailed explanation of the force majeure reason is required.

2. In case a laissez-passer is lost abroad, within 48 hours after detecting the loss, the person who lost the laissez-passer must notify the competent agency of the host country to confirm the loss of laissez-passer and facilitate the exit. Upon returning home, he/she must report on the loss of his/her laissez-passer to the Vietnamese checkpoint immigration offices.

3. The checkpoint immigration office shall receive the report of the person who has lost his/her laissez-passer abroad and grant an entry certificate according to Form M03 issued with this Decree to that person.

4. Within 1 working day after receiving the written notification of loss of laissez-passers or entry certificate of the checkpoint immigration office, the laissez-passer issuing authority shall cancel the lost laissez-passer and notify the border guard of province where the citizen is granted the laissez-passer.

Article 12. Revocation and cancellation of laissez-passer of a person who has not been issued with a travel document due to the prohibited acts

1. When there are grounds to determine that a person who has not been granted an exit and entry document specified in Clause 1, Article 21 of the Law on Exit and Entry of Vietnamese citizens, the laissez-passer issuing authority shall inspect and request the person who has been granted laissez-passer to return the valid laissez-passer for cancellation.

2. In cases where the unexpired laissez-passers cannot be revoked, the laissez-passer issuing authority shall cancel the validity of the laissez-passer and notify the border guard of the province where that person is granted laissez-passer.

Chapter IV

IMPLEMENTATION

Article 13. Entry in force

This Decree comes into force as of July 1, 2020.

Article 14. Transitional provisions

The laissez-passers issued before the effective date of this Decree are valid until the expiry date stated therein.

Article 15. Implementation

1. The Ministry of Public Security shall take charge and cooperate with the Ministry of Defense, the Ministry of Foreign Affairs and the People's Committees of the provinces sharing the land border with Cambodia, Laos and China in inspecting and providing guidelines for this Decree.

2. Ministers, heads of ministerial-level agencies, heads of governmental agencies, and Presidents of People's Committees of provinces and central-affiliated cities shall implement this Decree./.