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THE PRIME MINISTER
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 58/2012/QD-TTg
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Hanoi, December 24, 2012
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DECISION
ON USE
AND MANAGEMENT OF DIPLOMATIC PASSPORTS AND OFFICIAL PASSPORTS
Pursuant to the Law on Government
organization, of December 25, 2001;
Pursuant to the Government’s
Decree No.136/2007/ND-CP, of August 17, 2007 on exit and entry of Vietnamese
citizens;
Pursuant to the Government’s
Decree No.65/2012/ND-CP, of September 06, 2012 on amendments and supplements to
a number of articles of the Government’s Decree No.136/2007/ND-CP of August 17,
2007 on exit and entry of Vietnamese citizens;
Pursuant to the Government’s
Resolution No. 50/NQ-CP, of December 10, 2010 on simplification of
administrative procedures in management scope and function of the Ministry of
Foreign Affairs;
At the proposal of Minister of
Foreign Affairs;
The Prime Minister promulgates
decision on use and management of diplomatic passports and official passports,
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This Decision stipulates use and
management of diplomatic passports and official passports (hereinafter referred
to as passports) in home country and overseas.
Article 2. Subjects of application
This Decision applied to:
1. Persons granted diplomatic
passports or official passports as prescribed in the Government’s Decree
No.136/2007/ND-CP, of August 17, 2007 on exit and entry of Vietnamese citizens
(hereinafter referred to as the Decree 136) and the Government’s Decree
No.65/2012/ND-CP of September 06, 2012 amending and supplementing a number of
articles of the Decree No.136 (hereinafter referred to as the Decree 65).
2. The competent state agencies that
appoint cadres, civil servants, military officers, professional soldiers in
people’s army and people’s public security to go abroad for mission as
prescribed in Article 32 of the Decree 132, have been amended and supplemented
as prescribed in clause 9, Article 1 of Decree 65 (hereinafter referred to as
the line agencies).
3. The agencies that directly conduct
management of diplomatic passports or official passports of cadres, civil
servants, military officers, professional soldiers in people’s army and
people’s public security (hereinafter referred to as the agencies managing
passports).
4. Agencies granting diplomatic
passports or official passports, under the Ministry of Foreign Affairs.
5. Agencies of diplomatic
representation, agencies of consul representation or other agencies being
authorized to conduct the consul function of Vietnam overseas (hereinafter
referred to as the representative agencies of Vietnam overseas).
Article 3. Principles of passport
use and management
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2. Persons who have acts of using,
managing passport wrongly in comparison with regulations shall, depending on
nature and extent of violation, be disciplined, administrative sanctioned or examined
for penal liability.
Article 4. Responsibilities of
persons being granted passport
1. To keep and preserve passport as
prescribed in Article 13 of Decree 136.
2. To be permitted to use only one
valuable type of passport for each journey for mission abroad in conformity
with decision on appointing to go for mission and nature of work performed
overseas, except for special cases under guidance of the Ministry of Foreign
Affairs.
3. To declare loss of passport as
prescribed in clause 2 Article 13 of Decree 136.
4. Within 5 working days as from
entry in Vietnam after ending the journey for mission overseas, they must
submit passports for the agency managing passport, except for case having
legitimate reason decided by head of the agency managing passport.
5. When changing agency that they are
working, they must report to the agency managing passport in places where they
leave and arrive for these agencies in order to implement management of
passport as prescribed in this Decision.
6. Not to use diplomatic passports or
official passports in order to go abroad for personal purposes.
Article 5. Responsibilities of
agencies managing passports
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a) To make a book to monitor delivery
and receipt of passports and ensure absolute safety for passports during
preserving at agency managing passport, not let them be loss, wet, corrupted or
useless.
b) To hand over for cadres, civil
servants when having decision on appointing to go abroad for mission. Handing
over passports must be signed for receipt. If a passport is valid less than 6
months, they must notify for person having such passport in order to request
for extension or grant of new passport.
c) To forward passport to new agency
managing passport when person who being granted passport get a transfer in
work.
d) To have written report to the line
agencies in case the person, who being granted passport, intentionally not to
hand over passport for agency managing passport as prescribed after entry back
in country and have measure to timely revoke passport.
dd) To have an immediate written
notice for agencies granted passports of the Ministry of Foreign Affairs
(Consul Department or Department of Foreign Affairs of Ho Chi Minh city) and
the Exit and Entry Management Department, the Ministry of Public Security on
loss or spoilt of passports managed by their agencies.
e) To transfer to agencies granting
passport of the Ministry of Foreign Affairs for destruction of value of
passports of persons that are not subjects to use this passport, including
persons who retired, quitted job, ended tenure of work, out payroll, died,
lost.
g) To report the line agencies in
order to handle violations in passport use and management that are improper in
according to this Decision.
2. The agencies managing passports of
persons subject to provision from clause 1 to clause 8 Article 6 of the Decree
136, which has been amended and supplemented as prescribed in clause 3 Article
1 of Decree 65, must collect and manage passports of spouse accompany by in
journey for mission of these persons (if any) as prescribed in this Decision.
3. Agencies that are authorized for
management of passports, violating provisions of this Decision may be
restrained or revoked authorization for management of passports.
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1. To promulgate regulation on
managing passport at their agencies in conformity with this Decision.
2. Directly implement or by
authorization for their attached agencies to directly implement management of
passports under this Decision; to notify for the Ministry of Foreign Affairs
name of agencies being authorized for management of passports, content and
duration of authorization.
3. Directly or coordinate with the
Ministry of Foreign Affairs and other functional agencies to handle violations
in use and management of passports.
Article 7. Responsibilities of
relevant agencies
1. The Ministry of Foreign Affairs
shall:
a) Guide and coordinate with relevant
functional agencies in management and use of passports stated in this Decision.
b) Manage passports of cadres, civil
servants its agency, persons who are appointed to go for mission under tenure
at the Vietnam representative agencies overseas and persons pay visits to,
accompany of these persons as prescribed clause 11 Article 6 and clause 4
Article 7 of the Decree 136.
c) Coordinate with the line agency to
handle cases of grant for improper subjects and use not right with purpose.
d) Refuse to grant, extend passports
and grant diplomatic notes for foreign visa application with cases violating
provisions in Article 4 of this Decision.
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e) Timely report the Prime Minister
matters arising in use and management of diplomatic passports and official
passports, as well as consider to decide forms of sanctions for violations of
agencies managing passports, agencies being authorized to appoint cadres, civil
servants go abroad as prescribed in clause 9 Article 1 of Decree 65.
2. The Ministry of Public Security,
the Ministry of National Defense shall notify the Ministry of Foreign Affairs
and the line agencies if detecting cases of using passports with purposes not
right with regulation.
3. The Vietnam representative
agencies overseas shall notify the Ministry of Foreign Affairs and the line
agencies if detecting mistakes or violations of persons, who bring passport in
foreign countries, refuse to grant, extend passports and grant diplomatic notes
for foreign visa application with cases violating provisions in Article 4 of
this Decision.
Article 8. Effectiveness
1. This Decision takes effect on
March 01, 2013.
THE PRIME
MINISTER
Nguyen Tan Dung