|
THE
GOVERNMENT
--------
|
THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
|
|
No.
76/2020/ND-CP
|
Hanoi, July 1,
2020
|
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
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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./.
ON BEHALF OF
THE GOVERNMENT
THE PRIME MINISTER
Nguyen Xuan Phuc