MINISTRY OF
FOREIGN AFFAIRS
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 2286/QD-BNG
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Hanoi, August 23,
2023
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DECISION
ANNOUNCEMENT OF NEW
ADMINISTRATIVE PROCEDURES RELATED TO DIPLOMATIC PRIVILEGES AND IMMUNITIES UNDER
MANAGEMENT OF MINISTRY OF FOREIGN AFFAIRS
MINISTER OF FOREIGN AFFAIRS
Pursuant to the Government’s Decree No.
63/2010/ND-CP dated June 08, 2010 on control of administrative procedures;
Government’s Decree No. 48/2013/ND-CP dated May 14, 2013 and Government’s
Decree No. 92/2017/ND-CP dated August 07, 2017 on amendments to some Articles
of Decrees related to control of administrative procedures;
Pursuant to the Government’s Decree No.
81/2022/ND-CP dated October 14, 2022 defining functions, tasks, powers and
organizational structure of the Ministry of Foreign Affairs;
Pursuant to the Circular No. 02/2017/TT-VPCP
dated October 30, 2017 of the Minister, Chairman/Chairwoman of the Office of
the Government providing professional guidance on control of administrative
procedures;
Pursuant to the Government’s Decision No.
533/QD-BNG dated March 15, 2023 of the Minister of Foreign Affairs defining
functions, tasks, powers and organizational structure of the Directorate of
State Protocol;
Pursuant to the Government’s Decision No.
986/QD-BNG dated April 25, 2023 of the Minister of Foreign Affairs defining
functions, tasks, powers and organizational structure of Ho Chi Minh City
Department of External Relations;
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HEREBY DECIDES:
Article 1. Announced together with this
Decision are new administrative procedures related to diplomatic privileges and
immunities under management of Ministry of Foreign Affairs.
Article 2. This Decision comes into force
from the day on which it is signed.
Article 3. Director General of Directorate
of State Protocol, Director of Ho Chi Minh City Department of External
Relations, Chief of the Ministry Office and heads of relevant units are
responsible for the implementation of this Decision./.
PP. THE
MINISTER
THE DEPUTY MINISTER
Do Hung Viet
NEW
ADMINISTRATIVE PROCEDURES RELATED TO DIPLOMATIC PRIVILEGES AND IMMUNITIES UNDER
MANAGEMENT OF MINISTRY OF FOREIGN AFFAIRS
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PART 1: LIST OF
ADMINISTRATIVE PROCEDURES
No.
Name of
administrative procedure
Field
Authority in
charge
1.
Procedures for issuing identity cards to members
of diplomatic missions, consular posts and representative offices of
international organizations in Vietnam
Diplomatic
privileges and immunities
Ministry of
Foreign Affairs (Directorate of State Protocol and Ho Chi Minh City
Department of External Relations)
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Procedures for re-issuing identity cards to
members of diplomatic missions, consular posts and representative offices of
international organizations in Vietnam
Diplomatic
privileges and immunities
Ministry of
Foreign Affairs (Directorate of State Protocol and Ho Chi Minh City
Department of External Relations)
3.
Procedures for issuing temporary residence cards
to foreigners in Vietnam
Diplomatic
privileges and immunities
Ministry of
Foreign Affairs (Directorate of State Protocol and Ho Chi Minh City
Department of External Relations)
PART
II. DETAILS ABOUT ADMINISTRATIVE PROCEDURES UNDER MANAGEMENT OF
MINISTRY OF FOREIGN AFFAIRS
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Sequence:
- The Ministry of Foreign Affairs (Directorate of
State Protocol/Ho Chi Minh City Department of External Relations) receives
applications for issuance of identity cards to members of diplomatic missions,
consular posts, representative offices of international organizations in
Vietnam, their family members and maids.
- The Ministry of Foreign Affairs (Directorate of
State Protocol and Ho Chi Minh City Department of External Relations) inspects
the adequacy of applications and request additional documents (where
necessary).
- Within 10-15 working days from the date on which
a sufficient and valid application is received, the Ministry of Foreign Affairs
(Directorate of State Protocol/Ho Chi Minh City Department of External
Relations) issues the identity card to diplomatic missions, consular posts and
representative offices of international organizations in person.
1.2. Method of implementation:
- For diplomatic missions and representative
offices of international organizations in Hanoi: register and declare online
via public service portal of the Ministry of Foreign Affairs, submit
applications in person at/by post to the Directorate of State Protocol.
- For consular missions and representative offices
of international organizations in Southern provinces (from Danang onwards):
register and declare online via public service portal of the Ministry of
Foreign Affairs, submit applications in person at/by post to the Ho Chi Minh
City Department of External Relations.
1.3. Composition and number of documents:
- Diplomatic note issued by the diplomatic mission,
consular post or representative office of international organization in
Vietnam: 01 original in the language of the sending country/English and 01
Vietnamese translation thereof.
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- 01 3x4 color photo.
1.4. Time limit for processing the application:
- For members of diplomatic missions,
representative offices of international organizations in Hanoi: 10 days from
the date on which the Ministry of Foreign Affairs (Directorate of State
Protocol) receives a sufficient and valid application.
- For members of diplomatic missions,
representative offices of international organizations in Ho Chi Minh City: 10
days from the date on which the Ministry of Foreign Affairs (Ho Chi Minh City Department
of External Relations) receives a sufficient and valid application.
- For members of diplomatic missions,
representative offices of international organizations in Danang and other
provinces: 15 days from the date on which the Ministry of Foreign Affairs
(Directorate of State Protocol/Ho Chi Minh City Department of External
Relations) receives a sufficient and valid application.
1.5. Entity implementing the administrative
procedure:
- The diplomatic identity card is issued to:
+ Members of staff of diplomatic missions who carry
a diplomatic passport specifying the diplomatic rank. In case the diplomatic
passport does not specify the diplomatic rank, a note of introduction of the
mission is required.
+ Heads or deputy heads of representative offices of
international organizations who carry a United Nations laissez-passer or
national passport (regardless of any passport) specifying the position Head or
Deputy Head of the office. If the United Nations laissez-passer or national
passport does not specify the position, a note of introduction of the
representative office is required.
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+ Spouses and children (biological children,
adopted children) aged 14 to 18 of the abovementioned persons, who have their
own passport (regardless of any passport) and live with those persons as one
household, on the basis of the diplomatic request note issued by the Ministry
of Foreign Affairs of the sending country or foreign representative office in
Vietnam.
+ Ambassadors Extraordinary and Plenipotentiary of
countries in Vietnam not regularly residing in Vietnam (Concurrent Ambassador
in Vietnam).
- The consulate identity card is issued to:
+ Consular officers of diplomatic missions based in
Ho Chi Minh City and other provinces who carry a diplomatic passport specifying
the consular rank. In case the diplomatic passport does not specify the
consular rank, a diplomatic note of introduction of the mission is required.
+ Members of the diplomatic staff in charge of
areas of economy, trade, culture, science-technology, etc. of diplomatic
missions in Ho Chi Minh City and other provinces.
+ Spouses and children (biological children,
adopted children) aged 14 to 18 of the abovementioned persons, who have their
own passport (regardless of any passport) and live with those persons as one
household.
- The honorary consulate identity card is issued to
honorary consuls.
- Honorary consulate identity cards and consulate
identity cards shall specify the consular district to clearly state the scope
of activities of the consular officer.
- The official identity card is issued to:
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+ Spouses and children (biological children,
adopted children) aged 14 to 18 of the abovementioned members, who have their
own passport (regardless of any passport) and live with those members as one
household, on the basis of the diplomatic request note issued by the Ministry
of Foreign Affairs of the sending country or foreign representative office in
Vietnam.
- The ordinary identity card is issued to:
+ Members of the service staff of diplomatic
missions, consular posts and representative offices of international
organizations, who carry an ordinary passport.
+ Spouses and children (biological children,
adopted children) of the abovementioned members, who have their own passport
and live with such staff as one household.
+ Overseas Vietnamese who still retain Vietnamese
nationality but carry a foreign passport (regardless of any passport), are
appointed as members of staff, consular officers or members of the administrative
and technical staff and consular employees of the foreign country.
+ Spouses and children (biological children,
adopted children) of the abovementioned Vietnamese, who carry a foreign
passport (regardless of any passport) and live with those Vietnamese as one
household.
+ Children of members of diplomatic staff, children
of consular officers, children of heads or deputy heads of representatives of
international organizations, children of members of the administrative and
technical staff aged 18 or older, regardless of any passport.
+ Maids of members of representative offices, who
are foreigners, regardless of any passport.
1.6. Authority handling administrative procedures:
Directorate of State Protocol, Ho Chi Minh City Department of External
Relations
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1.8. Fees, charges (if any): Free.
1.9. Name of template (if any):
1.10. Conditions for following administrative
procedures (if any):
1.11. Legal bases:
- Law No. 47/2014/QH13 dated June 16, 2014 of the
National Assembly on entry, exit, transit and residence of foreigners in
Vietnam.
- Law No. 51/2019/QH14 dated November 25, 2019 of
the National Assembly on amendments to a number of Articles of Law on entry,
exit, transit and residence of foreigners in Vietnam No. 47/2014/QH13.
- Ordinance dated August 23, 1993 on privileges and
immunities for diplomatic missions, consular posts and representative offices
of international organizations in Vietnam.
- Government’s Decree No. 73/ND-CP dated July 30,
1994 elaborating the Ordinance on privileges and immunities for diplomatic
missions, consular posts and representative offices of international
organizations in Vietnam
- Decision No. 2771/2007/QD-BNG-LT dated November
07, 2007 of the Minister of Foreign Affairs promulgating Regulation on issuance
of identity cards to members of diplomatic missions, consular posts and
representative offices of international organizations in Vietnam.
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2.1. Sequence:
- The Ministry of Foreign Affairs (Directorate of
State Protocol/Ho Chi Minh City Department of External Relations) receives
applications for re-issuance of identity cards to members of diplomatic
missions, consular posts, representative offices of international organizations
in Vietnam, their family members and maids.
- The Ministry of Foreign Affairs (Directorate of
State Protocol/Ho Chi Minh City Department of External Relations) inspects the
adequacy of applications and request additional documents (where necessary).
- Within 30 working days from the date on which a
sufficient and valid application is received, the Ministry of Foreign Affairs
(Directorate of State Protocol/Ho Chi Minh City Department of External
Relations) issues the identity card to diplomatic missions, consular posts and
representative offices of international organizations in person.
2.2. Method of implementation:
- For diplomatic missions and representative
offices of international organizations in Hanoi: register and declare online
via public service portal of the Ministry of Foreign Affairs, submit
applications in person at/by post to the Directorate of State Protocol.
- For consular missions and representative offices
of international organizations in Southern provinces (from Danang onwards):
register and declare online via public service portal of the Ministry of
Foreign Affairs, submit applications in person at/by post to the Ho Chi Minh
City Department of External Relations.
2.3. Composition and number of documents:
- Diplomatic note issued by the diplomatic mission,
consular post or representative office of international organization in
Vietnam: 01 original in the language of the sending country/English and 01
Vietnamese translation thereof.
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- Original identity card (in the case of extension
of the identity card).
- 01 3x4 color photo.
2.4. Time limit for processing the application:
- Within 30 working days from the date on which a
sufficient and valid application is received, the Ministry of Foreign Affairs
(Directorate of State Protocol/Ho Chi Minh City Department of External
Relations) considers re-issuing the identity card.
2.5. Entity implementing the administrative
procedure:
- The diplomatic identity card is issued to:
+ Members of staff of diplomatic missions who carry
a diplomatic passport specifying the diplomatic rank. In case the diplomatic
passport does not specify the diplomatic rank, a diplomatic note of
introduction of the mission is required.
+ Heads or deputy heads of representative offices
of international organizations who carry a United Nations laissez-passer or
national passport (regardless of any passport) specifying the position Head or
Deputy Head of the office. If the United Nations laissez-passer or national
passport does not specify the position, a diplomatic note of introduction of the
representative office is required.
+ Members of the diplomatic staff of diplomatic
missions, representative offices of international organizations in Hanoi who
are seconded to Ho Chi Minh City to be in charge of areas of economy, trade,
culture, science-technology, etc.
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+ Ambassadors Extraordinary and Plenipotentiary of
countries in Vietnam not regularly residing in Vietnam (Concurrent Ambassador
in Vietnam).
- The consulate identity card is issued to:
+ Consular officers of diplomatic missions based in
Ho Chi Minh City and other provinces who carry a diplomatic passport specifying
the consular rank. In case the diplomatic passport does not specify the
consular rank, a diplomatic note of introduction of the mission is required.
+ Members of the diplomatic staff in charge of
areas of economy, trade, culture, science-technology, etc. of diplomatic
missions in Ho Chi Minh City and other provinces.
+ Spouses and children (biological children,
adopted children) aged 14 to 18 of the abovementioned persons, who have their
own passport (regardless of any passport) and live with those persons as one
household.
- The honorary consulate identity card is issued to
honorary consuls.
- Honorary consulate identity cards and consulate
identity cards shall specify the consular district to clearly state the scope
of activities of the consular officer.
- The official identity card is issued to:
+ Members of the administrative and technical staff
of diplomatic missions, consular posts and representative offices of
international organizations, who carry a diplomatic passport, official passport
or ordinary passport (if the sending country does not have the official
passport or has only one passport for all citizens);
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- The ordinary identity card is issued to:
+ Members of the service staff of diplomatic
missions, consular posts and representative offices of international
organizations, who carry an ordinary passport.
+ Spouses and children (biological children,
adopted children) of the abovementioned members, who have their own passport
and live with such staff as one household.
+ Overseas Vietnamese who still retain Vietnamese
nationality but carry a foreign passport (regardless of any passport), are
appointed as members of staff, consular officers or members of the
administrative and technical staff and consular employees of the foreign
country.
+ Spouses and children (biological children,
adoptive children) of the abovementioned Vietnamese, who carry a foreign
passport (regardless of any passport) and live with those Vietnamese as one
household.
+ Children of members of diplomatic staff, children
of consular officers, children of heads or deputy heads of representatives of
international organizations, children of members of the administrative and
technical staff aged 18 or older, regardless of any passport.
+ Maids of members of representative offices, who
are foreigners, regardless of any passport.
2.6. Authority handling administrative procedures:
Directorate of State Protocol, Ho Chi Minh City Department of External
Relations.
2.7. Result: Identity card.
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2.9. Name of template (if any):
2.10. Conditions for following administrative
procedures (if any):
2.11. Legal bases:
- Law No. 47/2014/QH13 dated June 16, 2014 of the
National Assembly on entry, exit, transit and residence of foreigners in
Vietnam.
- Law No. 51/2019/QH14 dated November 25, 2019 of
the National Assembly on amendments to a number of Articles of Law on entry,
exit, transit and residence of foreigners in Vietnam No. 47/2014/QH13.
- Ordinance dated August 23, 1993 on privileges and
immunities for diplomatic missions, consular posts and representative offices
of international organizations in Vietnam.
- Government’s Decree No. 73/ND-CP dated July 30,
1994 elaborating the Ordinance on privileges and immunities for diplomatic
missions, consular posts and representative offices of international
organizations in Vietnam
- Decision No. 2771/2007/QD-BNG-LT dated November
07, 2007 of the Minister of Foreign Affairs promulgating Regulation on issuance
of identity cards to members of diplomatic missions, consular posts and
representative offices of international organizations in Vietnam.
3. Issuance of
temporary residence cards to foreigners in Vietnam:
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- The Ministry of Foreign Affairs (Directorate of
State Protocol/Ho Chi Minh City Department of External Relations) receives
applications for issuance of temporary residence cards to foreigners being
members of diplomatic missions, consular posts, representative offices of
international organizations in Vietnam, their spouses, children under 18 years
of age and maids.
- The Ministry of Foreign Affairs (Directorate of
State Protocol/Ho Chi Minh City Department of External Relations) inspects the
adequacy of applications and request additional documents (where necessary).
- Within 05 working days from the date on which a
sufficient and valid application is received, the Ministry of Foreign Affairs
(Directorate of State Protocol/Ho Chi Minh City Department of External
Relations) issues the temporary residence card to diplomatic missions, consular
posts and representative offices of international organizations in person.
3.2. Method of implementation:
- For diplomatic missions and representative
offices of international organizations in Hanoi: register and declare online
via public service portal of the Ministry of Foreign Affairs, submit
applications in person at/by post to the Directorate of State Protocol.
- For consular missions and representative offices
of international organizations in Southern provinces (from Danang onwards):
register and declare online via public service portal of the Ministry of
Foreign Affairs, submit applications in person at/by post to the Ho Chi Minh
City Department of External Relations.
3.3. Composition and number of documents:
- A diplomatic note of temporary residence card
request of the diplomatic mission, consular post or representative office of
international organization in Vietnam, which specifies full name, date of
birth, nationality, passport number and symbol, occupation and position of the
applicant (refer to form NA6 issued together with the Circular No.
04/2015/TT-BCA dated January 05, 2015 of the Ministry of Public Security).
In case of replacement of officials of diplomatic
missions, consular posts and representative offices of international
organizations in Vietnam, the diplomatic note shall specify full name and
position of the new officials in charge.
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- An original of the unexpired passport.
- In case the applicant is on the payroll increase
of the diplomatic mission, consular post or representative office of
international organization in Vietnam, the diplomatic note of payroll increase
of the Ministry of Foreign Affairs of the sending country is required.
3.4. Time limit for processing the application:
- Within 05 working days from the date on which a
sufficient and valid application is received, the Ministry of Foreign Affairs
(Directorate of State Protocol/Ho Chi Minh City Department of External
Relations) considers issuing the temporary residence card.
3.5. Entity implementing the administrative
procedure:
- Members of diplomatic missions, consular posts,
representative offices of international organizations of the United Nations in Vietnam,
representative offices of intergovernmental organizations and their spouses,
children under 18 years of age and maids.
3.6. Authority handling administrative procedures:
Directorate of State Protocol, Ho Chi Minh City Department of External Relations.
3.7. Result: Temporary residence card.
3.8. Fees, charges (if any):
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- Maids shall be charged at the rates prescribed in
the Circular No. 25/2021-TT-BTC dated April 07, 2021.
3.9. Name of template (if any):
- Diplomatic note of temporary residence card
request of the diplomatic mission, consular post or representative office of
international organization in Vietnam, which specifies full name, date of
birth, nationality, passport number and symbol, occupation and position of the
applicant (refer to form NA6 issued together with the Circular No.
04/2015/TT-BCA dated January 05, 2015 of the Ministry of Public Security).
- Application form for temporary residence card
(using form NA8 issued together with the Circular No. 04/2015/TT-BCA dated
January 05, 2015 of the Ministry of Public Security) certified by the competent
person of the diplomatic mission, consular mission or representative office of
international organization in Vietnam.
3.10. Conditions for following administrative
procedures (if any):
- Be a member of a diplomatic mission, consular
post, representative office of international organization and his/her spouse,
children under 18 years of age and maid that accompany the member until the end
of his/her office
3.11. Legal bases:
- Law No. 47/2014/QH13 dated June 16, 2014 of the
National Assembly on entry, exit, transit and residence of foreigners in
Vietnam.
- Law No. 51/2019/QH14 dated November 25, 2019 of
the National Assembly on amendments to a number of Articles of Law on entry,
exit, transit and residence of foreigners in Vietnam No. 47/2014/QH13.
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- Government’s Decree No. 73/ND-CP dated July 30,
1994 elaborating the Ordinance on privileges and immunities for diplomatic
missions, consular posts and representative offices of international
organizations in Vietnam
- Circular No. 04/2016/TT-BNG dated June 30, 2016
of the Ministry of Foreign Affairs providing guideline for procedures for issue
of visa and temporary residence cards to foreigners in Vietnam within the
jurisdiction of the Ministry of Foreign Affairs.
- Circular No. 25/2021/TT-BTC dated April 07, 2021
on fees and charges in immigration, transit and residence in Vietnam and
collection, submission, management and use thereof.
- Circular No. 04/2015/TT-BCA dated January 05,
2015 prescribing sample documents relating to foreigners entering, leaving and
residing in Vietnam.