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THE GOVERNMENT
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 67/2024/ND-CP
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Hanoi, June 25,
2024
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DECREE
AMENDMENTS TO SOME
ARTICLES OF THE GOVERNMENT’S DECREE NO. 76/2020/ND-CP DATED JULY 01, 2020
ELABORATING TO ELIGIBLE ENTITIES, PROCEDURES AND POWERS TO ISSUE, REVOKE AND
ANNUL LAISSEZ-PASSERS AND GOVERNMENT’S DECREE NO. 77/2020/ND-CP DATED JULY 01,
2020 PRESCRIBING MANAGEMENT AND USE OF INFORMATION IN NATIONAL IMMIGRATION
DATABASE; ONLINE PUBLIC SERVICES ON ISSUANCE, MANAGEMENT AND CONTROL OF
PASSPORTS OF VIETNAMESE CITIZENS; ENTRY/EXIT CONTROL THROUGH AUTOMATED BORDER
CONTROL GATES
Pursuant to the Law on Government Organization
dated June 19, 2015; Law dated November 22, 2019 on Amendments to some Articles
of the Law on Government Organization and Law on Local Government Organization;
Pursuant to the Law on Promulgation of
Legislative Documents dated June 22, 2015; Law dated June 18, 2020 on
Amendments to some Articles of the Law on Promulgation of Legislative
Documents;
Pursuant to the Law on Entry, Exit, Transit and
Residence of Foreigners in Vietnam dated June 16, 2014; Law dated November 25,
2019 on Amendments to some Articles of the Law on Entry, Exit, Transit and
Residence of Foreigners in Vietnam;
Pursuant to the Law on Entry and Exit of
Vietnamese Citizens dated November 22, 2019;
Pursuant to the Law dated June 24, 2023 on
Amendments to some Articles of the Law on Entry and Exit of Vietnamese
Citizens and the Law on Entry, Exit, Transit and Residence of Foreigners in
Vietnam;
Pursuant to the Law on E-Transactions dated June
22, 2023;
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Pursuant to the Law on Cyberinformation Security
dated November 19, 2015;
At the request of the Minister of Public
Security;
The Government hereby promulgates a Decree on
amendments to some Articles of the Government’s Decree No. 76/2020/ND-CP dated
July 01, 2020 elaborating to eligible entities, procedures and powers to issue,
revoke and annul laissez-passers and Government’s Decree No. 77/2020/ND-CP
dated July 01, 2020 prescribing management and use of information in national
immigration database; online public services on issuance, management and
control of passports of Vietnamese citizens; entry/exit control through
automated border control gates.
Article 1. Amendments to some Articles of the
Government’s Decree No. 76/2020/ND-CP dated July 01, 2020 elaborating to
eligible entities, procedures and powers to issue, revoke and annul
laissez-passers
1. Clauses 1 and 3 of Article 5 are amended as
follows:
a) Clause 1 is amended as follows:
“1. 01 application form made according to Form M01a
enclosed with this Decree, completely filled in. Application form in 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 fan-stamped over photo by his/her supervisory agency,
organization or enterprise;
b) For any person who has lost his/her capacity for
civil acts or has difficulty in awareness and control of his/her acts under the
Civil Code or is under 14 years of age, the application form must be made and
signed by his/her legal representative;
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b) Clause 3 is amended as follows:
“3. Other documents in the following cases:
a) 1 copy of the birth certificate or an extract of
the birth registration recorded in the civil register issued by a Vietnamese
competent authority for a person under 14 years of age who is yet to be issued
with personal identification number; in the case of a photocopy, its original
must be presented for examination and comparison;
b) 01 certified true copy of the document issued by
a Vietnamese competent authority proving the legal representative of the person
who has lost his/her capacity for civil acts or has difficulty in awareness and
control of his/her acts under the Civil Code or is under 14 years of age; in
the case of a photocopy, its original must be presented for examination 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 authorizing another person to submit the
application.”.
2. Point clause 2 of Article
6 is amended as follows:
a) 01 certified true copy of the decision on
enterprise establishment or the certificate of enterprise registration; in the
case of a photocopy, its original must be presented for examination and
comparison;”.
3. Article 7 is amended as
follows:
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2. The applicant for a Vietnam-Cambodia border
laissez-passer shall submit the application as follows:
a) A Vietnamese citizen permanently residing in the
province bordering Laos shall submit the application either in person at the
public authority of the commune or district where he/she permanently resides or
online through the National Public Service Portal or Public Service Portal of
the Ministry of Public Security;
b) A Vietnamese citizen not permanently residing in
the province bordering Laos but working for an agency, organization or
enterprise headquartered in such province shall submit the application either
in person at the immigration authority affiliated to public security of the
province where the agency, organization or enterprise for which that person
works is headquartered or online through the National Public Service Portal or
Public Service Portal of the Ministry of Public Security.
3. The applicant for a Vietnam-China border
laissez-passer specified in point a clause 3 Article 4 of this Decree shall
submit an application either in person at the public authority of the commune
or district where he/she permanently resides or online through the National
Public Service Portal or Public Service Portal of the Ministry of Public
Security.
4. The applicant for a Vietnam-China border
laissez-passer specified in point b clause 3 Article 4 of this Decree shall
submit an application either in person at the public authority of the district
where the agency for which he/she works is headquartered or online through the
National Public Service Portal or Public Service Portal of the Ministry of
Public Security.”.
4. Article 9 is amended as
follows:
“1. Within 03 working days from the receipt of a
valid application, the competent authority specified in clauses 1 and 2 Article
7 of this Decree shall issue the laissez-passer and give the final decision to
the applicant. In case of refusal, a written explanation shall be
provided.
2. Within 01 working day from the receipt of a
valid application, the competent authority specified in clauses 3 and 4 Article
7 of this Decree shall issue the laissez-passer and give the final decision to
the applicant. In case of refusal, a written explanation shall be
provided.”.
5. Clauses 1, 2 and 4 of Article 11 are amended as
follows:
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“1. In case of loss of a laissez-passer in the
country, within 02 working days after discovering that the laissez-passer is
lost, the person who lost the laissez-passer shall send a statement of loss of
laissez-passer using Form M02a issued together with this Decree in person or by
post to the immigration authority affiliated to the province-, district- or
commune-level public authority where convenient or online through the National
Public Service Portal or Public Service Portal of the Ministry of Public
Security. If that person, for force majeure reasons, fails to send the
statement of loss of laissez-passer in person or by post in due time, a
detailed explanation of the force majeure reason is required.
Within 01 working day from the receipt of the
statement of loss of laissez-passer, the receiving authority shall notify the
laissez-passer issuing authority to annul the laissez-passer as prescribed in
clause 4 of this Article.”.
b) Clause 2 is amended as follows:
“2. In case a laissez-passer is lost abroad, within
02 working days 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 the loss of his/her laissez-passer to the Vietnamese immigration
control unit at the border checkpoint.”.
c) Clause 4 is amended as follows:
“4. Within 01 working day after receiving the
statement of loss of laissez-passer or notification of transfer of the
statement of loss of laissez-passer or entry certificate of the immigration
control unit at the border checkpoint, the laissez-passer issuing authority
shall annul the lost laissez-passer and notify the border guard of province
where the citizen is granted the laissez-passer.”.
6. The phrase “có hộ khẩu
thường trú” (“having permanent residence”) in clause 2 of Article 4 is replaced
with the phrase “thường trú” (“permanently residing”); the phrase “hoặc thẻ Căn
cước” (“or ID card”) in clauses 2 and 3 of Article 8 is added after the phrase
“hoặc thẻ căn cước công dân” (“or Citizen ID card”).
Article 2. Amendments to some Articles of the
Government’s Decree No. 77/2020/ND-CP dated July 01, 2020 prescribing
management and use of information in national immigration database; online
public services on issuance, management and control of passports of Vietnamese
citizens; entry/exit control through automated border control gates
1. Clause 1a is added after
clause 1 of Article 6 as follows:
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2. Clauses 1 and 3 of Article 7 are amended as
follows:
a) Clause 1 is amended as follows:
“1. In the cases specified in clauses 1 and 1a
Article 6 hereof:
a) With regard to agencies that meet infrastructure
conditions, the connection and sharing of data prescribed in clause 1 Article 4
hereof shall comply with the provisions in Chapter III of Government’s Decree
No. 47/2020/ND-CP dated April 09, 2020;
b) With regard to authorities that fail to meet
infrastructure conditions or need information to serve their duties
performance, the authority requesting information shall send a written request
for information to the agency in charge of managing National Immigration
Database or the immigration authority of the public authority of the province
where the authority requesting information is headquartered. Within 05
working days from the receipt of the written request, the receiving authority
shall give a written response to the requesting authority.”.
b) Clause 3 is amended as follows:
“3. In the cases specified in clause 3 Article 6
hereof:
a) The citizen shall submit the application
according to the Form M03a issued together with this Decree in person or by
post to the agency in charge of managing National Immigration Database or the
immigration authority of the public authority of the province where convenient
or the public authority of the district where he/she permanently resides or
online through the National Public Service Portal or Public Service Portal of
the Ministry of Public Security;
b) Within 05 working days from the receipt of the
written request, the competent authority specified in point a of this clause
shall give a written response to the applicant.”.
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“4. According to current situation, the Ministry of
Public Security shall take charge and cooperate with the Ministry of Foreign
Affairs and Ministry of National Defense in requesting the Government to decide
entities eligible to register exit or entry through automated control gates as
prescribed in clauses 1 and 3 of this Article where necessary to serve
diplomatic purposes, assure national security, social order and safety and
boost socio-economic development.”.
Article 3. Promulgating the following forms
together with this Decree
1. Form M01a replacing Form No. M01 promulgated
together with the Government’s Decree No. 76/2020/ND-CP.
2. Form M02a replacing Form No. M02 promulgated
together with the Government’s Decree No. 76/2020/ND-CP.
3. Form M03a replacing Form No. M03 promulgated
together with the Government’s Decree No. 77/2020/ND-CP
4. Form M04 Notification of transfer of statement
of loss of laissez-passer.
5. Form M05 Notification of annulment of
laissez-passer.
Article 4. Implementation clause
1. This Decree comes into force from August 09,
2024.
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3. Where any citizen has applied for issuance of
laissez-passer; issued statement of loss of laissez-passer; confirmed and
provided information but the application has yet to be processed as this Decree
comes into force, the regulations enshrined in the Government’s Decree No.
76/2020/ND-CP and Decree No. 77/2020/ND-CP shall continue to apply.
ON BEHALF OF THE
GOVERNMENT
PP. THE PRIME MINISTER
THE DEPUTY PRIME MINISTER
Tran Luu Quang