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THE
GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
65/2012/ND-CP
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Hanoi,
September 06, 2012
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DECREE
ON AMENDMENTS AND
SUPPLEMENTS TO A NUMBER OF ARTICLES OF DECREE NO.136/2007/ND-CP OF AUGUST 17,
2007 ON EXIT FROM AND ENTRY INTO OF VIETNAMESE CITIZENS
Pursuant to the Law on Organization of the
Government dated December 25, 2001;
Pursuant to the Resolution No.61/NQ-CP dated
December 17, 2010 of the Government on the simplification of administrative
procedures within the scope of management functions of the Ministry of Public
Security;
Pursuant to the Resolution No.50/NQ-CP dated
December 10, 2010 of the Government on the simplification of administrative
procedures within the scope of management functions of the Ministry of Foreign
Affairs;
Pursuant to the Resolution No.45/NQ-CP dated
November 16, 2010 of the Government on the simplification of administrative
procedures within the scope of management functions of the Ministry of Transport;
At the proposal of the Minister of Public
Security;
The Government issues Decree amending and
supplementing a number of Articles of the Decree No.136/2007/ND-CP of August
17, 2007 on the exit from and entry into of Vietnamese citizens (hereinafter referred
to as Decree No.136/2007/ND-CP),
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1. Clause 2 of Article 4 of the valid
term of exit and entry papers is amended and supplemented as follows:
a) To amend and supplement Point a, Clause 2, as
follows:
"National Passport:
- Diplomatic passports and official passports
are valid for not more than 5 years from the date of issue. Diplomatic or
official passports which are still valid for less than 06 months may be extended
once for not more than 3 years. Upon expiration, it must be conducted renewal procedures.
- Ordinary passport is valid for not more than
10 years from the date of issue and cannot be extended. Ordinary passport which
are still valid shall be re-granted, Upon expiration, it must be conducted
renewal procedures.
- The valid term of the national passport
granted for children under 14 years old or granted for citizens with children
under 9 years old shall comply with the provisions of clause 2 of Article 1 of
this Decree."
b) To amend and supplement Point b, Clause 2 as
follows:
"b. Other papers:
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2. Article 5 of the exit and entry papers is
amended and supplemented as follows:
"Article 5.
1. Exit and entry papers are granted separately
to each citizen.
2. Ordinary passports granted to under-14
children are valid for not more than 5 years from the date of issue and shall
not be extended.
3. Under-9 children may share ordinary passports
with their fathers or mothers if so requested by their fathers or mothers. In
this case, passports are valid for not more than 5 years from the date of issue
and these passports are inextensible.
4. Diplomatic passports issued to under-18
children of the persons specified in clause 9 of Article 6 of the Decree
No.136/2007/ND-CP and official passports issued for under-18 children of the
staffs of Vietnam representative bodies in foreign country, news reporters and
Vietnam's state media residing in foreign countries specified in clause 4 of
Article 1 of this Decree are valid from 1 to 5 years from the date of issue
until the children are enough 18 years old and these passports are
inextensible.
5. Diplomatic passports, official passports are
not issued to officials and public servants, officers, professional soldiers of
the People's Army and the People's Public Security sent to study abroad for a
period of more than 6 months."
3. Article 6 of the subjects to diplomatic
passports is amended, supplemented as follows:
a) To add clause 1 as follows:
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- Assistant Commissioner of the Politburo."
b) To amend and supplement Clause 4 as follows:
"4. Of the Government:
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- The General Director and equivalent level
(with position coefficients of 1.25 or more); officers with ranks of Major
General, Navy admiral or higher serving in the Army and Public Security."
4. Article 7 of the subjects to official
passports is amended, supplemented as follows:
"Article 7. Official passports are issued
for Vietnamese citizens of the following cases, which are sent or allowed to go
abroad by the competent authorities provided for in clause 9 of Article 1 of
this Decree to perform the tasks of the agencies’ functions:
1. Officials and public servants in the staff,
received wages from the state budget or guaranteed from salary fund of the
public service providing units in accordance with the law provisions, working
in the following agencies, organizations and units:
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- Secretariat of the Party Central Committee;
- Boards under the Party Central Committee;
- Office of the Party Central Committee;
- Provincial Party Committee, City Party
Committee under the Party Central Committee; Rural District Party Committee,
Urban District Party Committee, Town Party Committee, City Party Committee
under province.
b) Of the National Assembly:
- National Assembly Standing Committee;
- National Council of the National Assembly;
- The Committees of the National Assembly;
- The Boards, Institutes of the National
Assembly Standing Committee;
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- State Audit.
c) Office of the National President.
d) Of the Government:
The ministries, ministerial-level agencies, the
Governmental agencies and other organizations established by the Government,
the Prime Minister.
đ) People's courts at all levels (central,
provincial and district levels),
e) People's Procuracy at all levels (central,
provincial and district levels).
g) Of the local state agencies:
- Office of the representative delegation of the
National Assembly;
- People's Councils at provincial and district
levels;
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h) Public servants in the agencies, units of the
People's Army and the People's Public Security.
i) Public servants in the agencies of the
socio-political organizations at the central, provincial and district levels:
- Central Committee of the Vietnam Fatherland Front;
Vietnam General Confederation of Labor;
Vietnam Farmers Association;
- Central Ho Chi Minh Communist Youth Union;
- Vietnamese Women's Union;
- Vietnam Veterans Association.
k) Public servants in leadership and management
apparatus of public service providing units:
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- The heads and deputy heads; persons holding
positions as heads and deputy heads of the public service providing units of
the Politburo, the Secretariat, the Standing Committee of the National
Assembly, the Government;
- The heads and deputy heads of the public service
providing units funded by the state budget for operation to be of the
departments and the equivalent bodies of the Party Central Committee, the
Office of the national President, Office of the National Assembly, the State
Audit, the Supreme People's Court, the Supreme People's Procuracy, the central
bodies of socio-political organizations, ministries, ministerial-level
agencies, the Governmental agencies, the Prime Minister;
- The heads of the public service providing
units funded by the state budget for operation to be of the General Department,
Department and the equivalent level under the ministries, ministerial-level
agencies; Provincial Party Committee, City Party Committee; provincial-level
People's Committees; socio-political organizations at provincial level; Rural
District Party Committee, Urban District Party Committee, City Party Committee,
City Party Committee of province; specialized agencies of the provincial-level
People's Committees, the specialized agencies of the district-level People's Committees;
- People holding the job positions associated
with the task of state management in the public service providing units
assigned the task of state management.
2. Officers and professional soldiers of the
People's Army and the People's Public Security.
3. Staffs of representative agencies of Vietnam in foreign countries (defined by the Law on the representative agencies of the
Socialist Republic of Vietnam in foreign countries); news reporters and
Vietnamese state press residing abroad.
4. Spouse, under-18 children of the persons
mentioned in clause 3 of this Article following or visiting these persons
during the work term.
5. In the necessary cases, based on the
requirements and the nature of the trip, the Minister of Foreign Affairs shall
issue official passports under the direction of the Prime Minister or review
for decision on issuing official passports at request of the competent agencies
of Vietnam as stipulated in clause 9 of Article 1 of this Decree for those who
are not subject to the provisions of Clauses 1 to clause 4 of this
Article."
5. Article 14 of the dossier requesting for
issue of diplomatic passports, official passports shall be amended and
supplemented as follows:
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1. Vietnamese citizens living domestically who
are subjects to the diplomatic passports, official passports provided for in
Article 6 of the Decree No.136/2007/ND-CP and Clause 3 and 4 of Article 1 of
this Decree, when applying for diplomatic passports, official passports, submit
01 set of dossier at the Consular Department or Ho Chi Minh City's Department
of Foreign Affairs (Ministry of Foreign Affairs) or at the offices of Foreign
Affairs of the provinces and cities directly under the Central government as prescribed
by the Ministry of Foreign Affairs. The dossier comprises:
- The declaration requesting for a diplomatic
passport, official passport (according to prescribed form).
- Document (according to prescribed form) of the
competent authority referred to in clause 9 of Article 1 of this Decree on
sending or allowing to go abroad, which clearly states that officials, public
servants and officers of the State staff, received wages from the state budget
or salary fund of public service providing units in accordance with the law
provisions.
- In case those who request for passports
subject to cases of following or visiting referred to in clause 11 of Article 6
of the Decree No.136/2007/ND-CP and Clause 4 of Article 1 of this Decree, in
addition to the declaration and proof subject to the cases of following or
visiting, it should submit additionally a written decision or opinion of the
competent authority where they are working (if any) and a written decision or
opinion of the Ministry of Foreign Affairs.
If the applicants are under-18 children as
prescribed in clause 2 of Article 1 of this Decree, they should submit
additionally a copy of birth certificate and a copy of identity card (for the
case of enough 14 years old or older). If the above documents are copies, they
must present the originals for inspection and comparison.
2. When filing dossier, the passport applicant
shall pay fee as prescribed by the Ministry of Finance.
3. Time limit for consideration of passport
issue: agencies issuing diplomatic passports, official passports return results
to the applicants for a period of not more than 5 working days from the date of
receiving complete dossier. In case of refusal, issuing written reply to the
applicants, stating clearly the reasons."
6. Article 15 of method to apply for ordinary
passports is amended, supplemented as follows:
a) To supplement point c Clause 1 of place to
apply dossier through entrustment as follows:
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b) To amend Point a, Clause 3 of dossier
requesting for domestic ordinary passports as follows:
"3. Dossier requesting for passport (01
set):
a) In case of direct application for, as
specified at Points a and c, Clause 1, Article 15 of the Decree
No.136/2007/ND-CP. The dossier comprises:
- The declaration requesting for a ordinary
passport (according to prescribed form).
For under-14 children, parents or guardian of
the children shall declare and sign in the declaration; if father or mother
needs for under-9 children to share passport, then declares in the same
declaration.
- A copy of the birth certificate of under-14
child.
When filing dossier, it must provide valid identity
card of the passport applicant for inspection and comparison."
7. Clause 1 of Article 16 of the dossiers
requesting for ordinary passports for under-14 children living in foreign
countries shall be amended as follows:
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8. Clause 1 and Clause 2 of Article 29 of the
responsibilities of the Ministry of Transport is amended as follows:
"1. Guide the procedures, order to grant,
modify passports of crewmembers.
2. To grant, amend passports of crewmembers;
inform the Ministry of Public Security the list of personnel who have been
granted, modified passports of crewmembers right after the grant and a list of
personnel who reported their passports of crewmembers lost.
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9. Article 32 of the competent authority to
send or allow officials, civil servants to go abroad is amended and
supplemented as follows:
"Article 32.
1. Authorities competent to appoint the persons
subject to diplomatic passports, official passports referred to in Article 6 of
the Decree No.136/2007/ND-CP and Clause 3, Clause 4, Article 1 of this Decree
include:
a) Of the Communist Party of Vietnam:
Politburo of the Party Central Committee;
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- The boards of the Party Central Committee;
- Office of the Party Central Committee;
- Provincial Party Committee, City Party
Committee directly under the Central level.
b) Of the National Assembly:
- National Assembly Standing Committee;
- National Council of the National Assembly;
- The Committees of the National Assembly;
- The Boards, Institutes of the National
Assembly Standing Committee;
- Office of the National Assembly;
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c) Office of the National President.
d) Of the Government:
- The Prime Minister;
- Ministries, ministerial-level agencies, the
Governmental agencies and other organizations established by the Government,
the Prime Minister.
đ) Supreme People's courts,
e) Supreme People's Procuracy.
g) Of the local state agencies:
- People's Councils of provinces and cities
directly under the Central government;
- People's Committees provinces and cities
directly under the Central government.
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- Central Committee of the Vietnam Fatherland Front;
- Vietnam General Confederation of Labor;
- Vietnamese Women's Union;
- Central Ho Chi Minh Communist Youth Union;
- Vietnam Farmers Association;
- Vietnam Veterans Association.
2. Heads of ministries, ministerial-level
agencies, the Governmental agencies and other public service providing
organizations established by the Government, Chairmen of the People's
Committees of provinces and cities directly under the Central Government may
authorize their subordinate units in sending or allowing officials and public
servants to go abroad.
3. The heads of the competent authorities
referred to in clause 1 of this Article are responsible for promulgating the
regulations on management of overseas-going of officials and public servants
under their management.
4. Personnel under the management of the Central
Execution Committee of the Party shall comply with the relevant
regulations."
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This Decree takes effect from November 10, 2012.
FOR THE
GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung