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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