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THE MINISTRY OF PUBLIC SECURITY-THE MINISTRY OF
FOREIGN AFFAIRS
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence– Freedom – Happiness
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No. 01/2012/TTLT-BCA-BNG
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Hanoi, January 03, 2012
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JOINT CIRCULAR
AMENDING AND SUPPLEMENTING THE MINISTRY OF PUBLIC
SECURITY AND THE MINISTRY OF FOREIGN AFFAIRS' JOINT CIRCULARS NO.
04/2002/TTLT-BCA-BNG OF JANUARY 29, 2002, AND NO. 05/ 2009/TTLT-BCA-BNG OF MAY
12, 2009, ON IMMIGRATION
Pursuant to the Government's Resolutions No. 50/NQ-CP of December 10,
2010, and No. 61/NQ-CP of December 17. 2010. on simplification of
administrative procedures under the management of the Ministry of Foreign
Affairs and the Ministry of Public Security;
Pursuant to the Government's Decree No. 63/2010/ND-CP of June 8, 2010,
on control of administrative procedures;
Pursuant to the Government's Decree No. 77/ 2009/ND-CP of September 15,
2009, defining the functions, tasks, powers and organizational structure of the
Ministry of Public Security;
Pursuant to the Government's Decree No. 15/2008/ND-CP of February 4,
2008, defining the functions, tasks, powers and organizational structure of the
Ministry of Foreign Affairs;
Pursuant to the Government's Decree No. 21/2001/ND-CP of May 28, 2001,
detailing the Ordinance on Entry, Exit, and Residence of Foreigners in Vietnam;
The Ministry of Public Security and the Ministry of Foreign Affairs
hereby agree as follows:
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1. To amend Clause 2, Section I, as follows:
a/
To amend phrase "written request" in the third line. Point a, into
"written application for personal verification and approval for foreigners
to enter Vietnam, made according to form N2 provided in this Circular";
b/
To amend phrase "submit an application" in the first line, Point b,
into "submit a visa sponsoring application for family members' visit, made
according to form N3 provided in this Circular".
2.
To amend phrase "application (made according to a set form)" in the
second line, Point a. Clause 1, Section II, into "application for a
Vietnamese visa, made according to form N1 provided in this Circular".
3. To amend and supplement Clause 2, Section IV, as follows:
a/
To amend phrase "written request" in the fourth line. Point a, and
the fourth line, Point b. into "application for visa issuance, replacement,
modification, or stay extension, made according to form N5 provided in this
Circular".
b/
To amend Point d as follows:
Foreigners
applying for a temporary residence card shall submit 1 dossier set to the
Immigration Management Department of the Ministry of Public Security or
immigration management sections of police departments of provinces or centrally
run cities (below referred to as provincial-level police departments). A
dossier of application for a temporary residence card comprises:
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An application for a temporary residence card, made according to form N7A; a
written declaration of information on the applicant, made according to form N7B
provided in this Circular;
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A document evidencing the applicant's eligibility for consideration of grant of
a temporary residence card, which is one of the following documents: labor
permit, certification of being the head of a representative office or a member
of the board of directors, or another paper of equivalent validity,
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A temporary residence card shall be granted to each applicant and made
according to form N8 provided in this Circular.
4. To amend and supplement Sections VI and VII as follows:
"VI.
Procedures for granting permanent residence cards
1.
A foreigner mentioned at Point a or b, Clause 1. Article 13 of the Ordinance on
Entry, Exit, and Residence of Foreigners in Vietnam who wishes to permanently
reside in Vietnam shall submit 1 dossier set and carry out procedures at the
Immigration Management Department of the Ministry of Public Security. A dossier
of application for permanent residence in Vietnam comprises:
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An application for permanent residence status, made according to form N9A; a
curriculum vitae. made according to form N9B provided in this Circular:
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Four 3 cm x 4 cm recent photos on white background, showing the applicant
looking straight, bareheaded and wearing no color glasses;
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A copy of the passport (with the original passport produced for comparison);
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Other relevant papers and documents (if any).
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The
Immigration Management Department of the Ministry of Public Security shall
notify in writing the Prime Minister's decision to the permanent residence
applicant and the provincial-level police department of the locality in which
such person wishes to permanently reside. The provincial-level police
department shall direct the local immigration management section in granting a
permanent residence card after receiving a notice of the Prime Minister's
decision permitting the permanent residence.
2.
A foreigner mentioned at Point c, Clause 1. Article 13 of the Ordinance on
Entry, Exit, and Residence of Foreigners in Vietnam shall directly submit 1
dossier set and carry out procedures of application for permanent residence in
Vietnam at the Immigration Management Department of the Ministry of Public
Security or the immigration management section of the provincial-level police
department of the locality in which he/she wishes to permanently reside.
a/
A dossier of application for permanent residence comprises:
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An application for permanent residence status, made according to form N9A
provided in this Circular;
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Four 3 cm x 4 cm recent photos on white background, showing the applicant
looking straight, bareheaded and wearing no color glasses;
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The applicant's judicial record granted by a competent authority of the country
of which the applicant is a citizen or where he/she has place of permanent
residence:
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The diplomatic note of the representative mission of the country of which the
applicant is a citizen;
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A paper on sponsoring foreign relatives' application for permanence residence
in Vietnam, made according to form N10 provided in this Circular;
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Papers evidencing that the applicant is a spouse, child or parent of a
Vietnamese citizen permanently residing in Vietnam;
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Other relevant papers and documents (if any).
b/
Papers included in a dossier (except the sponsorship paper and passport) must
be translated into Vietnamese and notarized or consularly legalized as
prescribed.
c/
Within 4 months after receiving a complete and valid dossier, the Immigration
Management Department of the Ministry of Public Security shall coordinate with
related agencies in conducting the verification and reporting the results to
the Minister of Public Security for consideration and decision. In case the
Department finds it necessary to conduct an additional verification, the said
time limit may be extended for up to 2 months.
d/
The Immigration Management Department of the Ministry of Public Security shall
notify in writing the Minister of Public Security's decision to the permanent
residence applicant and the provincial-level police department of locality in
which such person wishes to permanently reside. The provincial-level police
department shall direct the local immigration management section in granting a
permanent residence card within 5 working days after receiving a notice of the
Minister of Public Security's decision permitting the permanent residence.
e/
A permanent residence card shall be granted separately to each applicant and
made according to form N11 provided in this Circular.
f/
Within 2 months after receiving a notice from the Immigration Management
Department of the Ministry of Public Security, a foreigner permitted to
permanently reside in Vietnam shall come to the immigration management section
of the locality in which he/she permanently resides to receive a permanent
residence card. Past the said time limit, if the person permitted for permanent
residence still fails to get the card without plausible reasons, such permanent
residence card shall be automatically invalidated.
VII.
Procedures for renewal of permanent residence cards
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Once every 3 years, a permanent residence card holder shall show up at the
immigration management section of the provincial-level police department of the
locality in which he/ she permanently resides to carry out procedures for
renewal of his/her permanent residence card. The application for renewal of a
permanent residence card must be made within 90 days before the date of showing
up. A permanent residence card holder shall submit 1 dossier set comprising:
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One application for renewal/replacement of a permanent residence card, made
according to form N9C provided in this Circular;
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The permanent residence card;
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A copy of the passport (with the original passport produced for comparison).
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In case a permanent residence card holder wishes to change the contents of
his/her permanent residence card within 3 years (from the date of grant),
he/she shall submit a dossier and carry out procedures as for renewal of
permanent residence cards.
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Within 5 working days after receiving a complete dossier of application for renewal
of a permanent residence card, the immigration management section of the
provincial-level police department shall report it to the Immigration
Management Department for consideration and decision. Within 5 working days
after receiving a report, the Immigration Management Department shall reply in
writing. The immigration management section of the provincial-level police
department shall grant a new card within 5 working days after receiving an
approval".
Article 2. To amend and
supplement Joint Circular No. 05/2009/TTLT-BCA-BNG of May 12, 2009, guiding
procedures for overseas Vietnamese to register permanent residence in Vietnam
To
amend and supplement Clause 1, Section III. as follows:
To
promulgate together with this Circular the form of application for return to
Vietnam for permanent residence applicable to overseas Vietnamese (form TT01).
Article 3. Effect
This
Joint Circular lakes effect 45 days from the dale of its signing.-
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FOR THE MINISTER
OF PUBLIC SECURITY
DEPUTY MINISTER
LIEUTENANT GENERAL
To Lam
FOR THE MINISTER
OF FOREIGN AFFAIRS
DEPUTY MINISTER
Nguyen Thanh Son