Decree No.1362007NĐCP on exit and entry of Vietnamese citizens

Article 2 Vietnamese citizens shall be issued with national passports or other appropriate documents for exit and entry in accordance with this Decree and international treaties of whic

GOVERNMENT SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

No 136-2007-ND-CP

Hanoi, 17 August 2007

DECREE

ON EXIT AND ENTRY OF VIETNAMESE CITIZENS

The Government

Pursuant to the Law on Organization of the Government dated 25 December 2001;

Having considered the proposal of the Minister of Police;

Decrees:

CHAPTER I

General Provisions

Article 1

This Decree regulates the exit and entry of Vietnamese citizens

Article 2

Vietnamese citizens shall be issued with national passports or other appropriate documents for exit and entry in accordance with this Decree and international treaties of which Vietnam is a member

Article 3

1 A Vietnamese citizen who possesses a national passport as stipulated in article 4.1(a) of this Decree may exit and enter at the border gates of Vietnam If an international treaty of which Vietnam is a member contains different provisions, then such provisions shall apply

2 A Vietnamese citizen who possesses another document as stipulated in article 4.1(b) of this Decree may exit and enter at the border gates of Vietnam pursuant to the provisions applicable to such document and the provisions of international treaties of which Vietnam is a member

3 A Vietnamese citizen who possesses a document valid for exit and entry which is issued by an authorized Vietnamese body may exit or enter Vietnam without a visa

CHAPTER II

Provisions on Documents Valid for Exit from and Entry into Vietnam

Article 4

1 The following documents shall be issued to Vietnamese citizens for exit and entry:

(a) National passports comprising:

- Diplomatic passports;

- Service passports;

- Ordinary passports

(b) Other documents comprising:

- Ships' crew passports;

- Border permits;

- Exit and entry permits;

- Repatriation permits;

- Travel permits

2 The period of validity of documents valid for exit and entry shall be as follows:

(a) National passports:

- Diplomatic passports and service passports shall be valid for a maximum of five years from the date of issue Diplomatic passports and service passports may be extended once for a period

of up to three years, and extension must be conducted at least thirty days prior to expiry of the passport

- Ordinary passports shall be valid for a maximum of ten years from the date of issue and may not be extended

- The period of validity of national passports issued to children under fourteen (14) years of age

or to citizens accompanied by children under fourteen (14) years of age shall be as stipulated

in article 5 of this Decree

(b) Other documents:

- Border permits, exit and entry permits, and repatriation permits shall be valid for a maximum of twelve (12) months from the date of issue and may not be extended

- Travel permits shall be valid for a maximum of six (6) months from the date of issue and may not be extended

- Ships' crew passports shall be valid for a maximum of five years from the date of issue Ships' crew passports may be extended once for a period of up to three years, and extension must

be conducted at least thirty days prior to expiry of the passport

3 National passports are property of the State of the Socialist Republic of Vietnam

National passports may be used in place of people’s identity cards

Ordinary passports issued within Vietnam and ordinary passports issued overseas shall have similar form and contents, but shall contain different symbols in order to facilitate administration

Article 5

1 A separate document valid for exit and entry shall be issued to each citizen

2 National passports issued to children under fourteen (14) years of age shall be valid for a maximum

of five years from the date of issue and up to the date on which such child turns fourteen (14) years

of age, and may not be extended

3 A child under fourteen (14) years of age may be included in the national passport of his or her father

or mother on the request of the father or mother In this case the passport shall be valid for a maximum of five years from the date of issue and up to the date on which such child turns fourteen (14) years of age, and may not be extended

Article 6

Diplomatic passports shall be issued to Vietnamese citizens within the following categories who are appointed by, or who are named in a decision by an authorized Vietnamese body as stipulated in article 32.1 of this Decree to go abroad, appropriate for the nature of such trip:

1 The Communist Party of Vietnam:

• The Party General Secretary, members of the Politburo, the Central Party Secretary, members

of the Party Central Executive Committee, and alternate members of the Party Central Executive Committee

• Former General Secretaries, former members of the Politburo and former Central Party Secretaries

• The Head, Deputies and members of the Central Party Inspection Commission

• Secretaries and Deputy Secretaries of provincial or municipal Party committees of provinces and cities under central authority

• The Head and Deputy Heads of committees under the Party Central Executive Committee; the Head and Deputy Heads of the Office of the Central Party

• The Director and Deputy Directors of the Ho Chi Minh National Political Academy; the Editor-In-Chief and Deputy Editors of Nhan Dan newspaper, of the Party Magazine, and of the Party website; the Chairman and Deputy Chairmen of the Central Council for Theory

• The Secretary and Deputy Secretaries of the Committee for Central Bodies and of the Committee for Central Enterprises

• Special envoys, assistants and secretaries to the General Secretary of the Party Central Executive Committee

2 The National Assembly:

• The Chairman and Vice-Chairmen of the National Assembly; members of the Standing Committee of the National Assembly

• Former Chairmen and former Vice-Chairmen of the National Assembly

• The Chairman and Vice-Chairmen of the Council of Ethnic Nationalities of the National Assembly

• Heads and Deputy Heads of Committees of the National Assembly; the Director and Deputy Directors of the Office of the National Assembly

• Heads and Deputy Heads of Committees of the Standing Committee of the National Assembly; the Director and Deputy Directors of the Office of the National Assembly

• National Assembly Delegates;

• Assistants and secretaries to the Chairman of the National Assembly

3 The State President:

• The State President and the State Vice-President

• Former State Presidents and State Vice-Presidents

• The Head and Deputies of the Office of the State President

• Special envoys, assistants and secretaries to the State President

4 The Government:

• The Prime Minister and Deputy Prime Ministers of the Government; former Prime Ministers and Deputy Prime Ministers of the Government

• Ministers, heads of ministerial equivalent bodies and of Government bodies; deputy ministers and deputies of ministerial equivalent bodies and Government bodies

• General Directors and Deputy General Directors of General Departments and equivalent levels

of ministries and ministerial equivalent bodies; heads of bodies established by the Prime Minister; political commissars and deputy political commissars; Commanders and Deputy Commanders of general headquarters under the Ministry of Defence; commissioned officers in the rank of Major-General, Rear Admiral or a higher rank in service in the People's Army and the People's Police

• Special envoys, assistants and secretaries to the Prime Minister of the Government;

• Chairmen, vice-chairmen and secretaries of Vietnamese sub-committees of inter-governmental co-operation committees between Vietnam and foreign countries

5 The Chief Justice and Deputy Chief Justices of the Supreme People's Court

6 The Chief Prosecutor and Deputy Chief Prosecutors of the People's Supreme Inspectorate

7 State bodies in localities:

• Chairmen and Vice-Chairmen of people's councils of provinces and cities under central authority;

• Chairmen and Vice-Chairmen of people's committees of provinces and cities under central authority

8 Central mass organizations and citizen organizations:

• The Chairman, General Secretary and standing members of the Presidium of the Central Committee of the Vietnam Fatherland Front

• The Chairman and Vice-Chairmen of the General Confederation of Labour of Vietnam

• The Chairman and Vice-Chairmen of the Vietnam Farmers Association

• The Chairwoman and Vice-Chairwomen of the Vietnam Women’s Union

• The Chairman and Vice-Chairmen of the Vietnam Veterans Association

• The First Secretary and Standing Secretary of the Central Committee of the Ho Chi Minh Communist Youth Union

• The Chairman of the Vietnam Confederation of Friendship Organizations

• The Chairman of the Vietnam Confederation of Artistic and Cultural Associations

• The Chairman of the Vietnam Co-Operatives’ Alliance

• The Chairman of the Vietnam Chamber of Industry and Commerce

9 Persons working in the diplomatic branch ranked in a diplomatic position or holding the position of attaché or higher in a diplomatic representative office or standing representative delegation of Vietnam to inter-governmental organizations, or holding the position of consul or higher in a consulate of Vietnam overseas

10 Diplomatic couriers and consular couriers

11 Spouses of the persons covered in clauses 1 to 8 of this article, if they accompany such persons during the business trip; and spouses and children under eighteen years of age of the persons covered in clause 9 of this article if they accompany such persons or visit them during their term of office

12 Where necessary, and depending on the requirements of external relations and State occasions or the nature of the business trip, the Minister of Foreign Affairs shall, upon the instructions of the Prime Minister of the Government or at the request of an authorized Vietnamese body as stipulated in article 32.1 of this Decree, consider and make a decision to issue a diplomatic passport to a person other than those covered in clauses 1 to 11 of this article

Article 7

Service passports shall be issued to Vietnamese citizens within the following categories who are appointed

by an authorized Vietnamese body as stipulated in article 32.1 of this Decree to go abroad to undertake an official duty of such body:

1 State officials and employees as defined in the law on State officials and employees

2 Commissioned officers and warrant officers in the People's Army or the People's Police

3 Staff of Vietnamese representative offices overseas; and reporters of State owned news agencies and newspapers permanently abroad

4 Spouses and children under eighteen (18) years old of the persons covered in clause 3 of this article,

if they accompany such persons or visit them during their term of office

5 Where necessary, and depending on the requirements and nature of the trip, the Minister of Foreign Affairs shall, upon the instructions of the Prime Minister of the Government or at the request of an authorized Vietnamese body as stipulated in article 32.1 of this Decree, consider and make a decision to issue a service passport to a person other than those covered in clauses 1 to 4 of this article

Article 8

Ordinary passports shall be issued to all Vietnamese citizens

Article 9

Ships' crew passports shall be issued to Vietnamese citizens being members of a ships' crew for exit and

entry on a ship or inland waterway vessel operating on international routes in accordance with regulations

of the competent body under the Ministry of Transport and Communications

Article 10

Border permits and exit and entry permits shall be issued to Vietnamese citizens travelling to and from countries with a common border with Vietnam, in accordance with the provisions of international treaties of which Vietnam is a member

Article 11

Repatriation permits shall be issued to Vietnamese citizens being Vietnamese residing overseas for entry to return and permanently reside in Vietnam

Article 12

Travel permits shall be issued to Vietnamese citizens not [within the definition of] Vietnamese residing overseas for entry to return and permanently reside in Vietnam in the following cases:

1 They are not permitted by the foreign country to live there

2 They must return to Vietnam at the request of a competent Vietnamese body but do not have a national passport

3 They wish to return permanently to Vietnam but do not have a national passport

Article 13

1 The person to whom a document valid for exit and entry is issued shall be responsible for taking care and preserving such document; shall not erase or amend the items stated in such document, and shall not transfer such document to another person for use, or use it contrary to the law of Vietnam

2 The person to whom a document valid for exit and entry is issued shall be responsible for declaring any loss of such document in accordance with the following provisions:

(a) If the person is currently in Vietnam, he or she shall immediately make a written declaration of the loss to the authority which issued such document, or to the Division for Management of Entry and Exit if the lost document was issued by a Vietnamese representative office overseas Where a diplomatic or service passport is lost, the person to whom the passport was issued must in addition to the above, immediately declare the loss to the body which appointed him or her to go overseas

(b) If the person is currently overseas, he or she shall immediately make a written declaration of the loss to the competent authority in the foreign country and also to the nearest Vietnamese representative office in such foreign country

3 Whenever a Vietnamese body as mentioned in clause 2 of this article receives a written declaration

of loss of a document valid for exit and entry, it shall be responsible to notify the Ministry of Police (the Division for Management of Entry and Exit) to rescind the use validity of such document Once the use validity of a document for exit and entry has been rescinded, it may not be restored except for humanitarian or urgent reasons

CHAPTER III

Provisions on Issuance of Documents Valid for Exit from and Entry into Vietnam

Article 14

1 A Vietnamese citizen currently in Vietnam requesting issuance of a diplomatic passport or service passport shall lodge an application file with the Consulate-Diplomatic Division or with the Diplomatic Office in the province or city under central authority in accordance with regulations of the Ministry of Foreign Affairs

An application file shall comprise:

- Declaration for issuance of a passport on the stipulated standard form

- Document from the authorized body stipulated in article 32.1 of this Decree appointing the applicant to go abroad

- Copy birth certificate if the application is for a passport for a child under fourteen (14) years of age

- If the application is for a passport for a spouse or child in the category stipulated in articles 6.11 or 7.4 of this Decree, then proof of accompanying or visiting the relevant Vietnamese citizen

If a father or mother requests his or her child under fourteen (14) years of age as stipulated in articles 6.11 or 7.4 of this Decree to accompany him or her, then the declaration for such child may be made

in a general declaration in the application of the father or mother

2 The body issuing diplomatic passports and service passports must respond with the results of an application within a maximum of five business days from the date of receipt of an application file

Article 15

1 A Vietnamese citizen currently in Vietnam requesting issuance of an ordinary passport shall lodge an application file with, and receive the results of the application at, a body for Management of Entry and Exit in one of the following ways:

(a) By directly lodging the application file with, and receiving the results of the application at, the body for Management of Entry and Exit at the police office of the province or city under central authority where such applicant permanently resides or is temporarily residing

(b) By sending the application file via the post to the body for Management of Entry and Exit at the police office of the province or city under central authority where such applicant permanently resides, and by receiving the results of the application via the post

(c) By authorizing an organization or individual with legal entity status to directly lodge the application file with, and to receive the results of the application at, the body for Management

of Entry and Exit at the police office of the province or city under central authority where such applicant permanently resides Authorization must be made in accordance with regulations of the Ministry of Police

2 In a case where it is necessary for a passport to be granted urgently (as decided by the Ministry of Police), the applicant shall lodge an application file with, and receive the results of the application at, the body for Management of Entry and Exit at the Ministry of Police

An application file shall comprise:

3 An application file shall comprise:

(a) In a case of directly lodging the application file as stipulated in clauses 1(a) and 1(c) of this article:

- Declaration for issuance of an ordinary passport on the stipulated standard form

The declaration for a child under fourteen (14) years of age shall be made by the parent

or sponsor of such child, who shall also sign the declaration If the parent requests his or

her child under fourteen (14) years of age to be on the same passport as such parent, there shall be a general declaration in the application of the father or mother

- Copy birth certificate for a child under fourteen (14) years of age

The applicant for an ordinary passport must present his or her people’s identity card when lodging an application

(b) In a case of lodging the application file via the post as stipulated in clause 1(b) of this article:

- Declaration for issuance of an ordinary passport on the stipulated standard form, certified

by the head of the police office of the commune or ward where the applicant is registered for permanent residence

- Copy of currently valid people’s identity card

4 The applicant for a passport must pay fees stipulated in regulations of the Ministry of Finance In a case of lodging the application via the post, fees must be paid at the same time as lodging the application, as well as post charges

5 Time-limit for response with the results of an application:

(a) In a case stipulated in clause 1 of this article, the body for Management of Entry and Exit must respond with the results of the application within a maximum of eight (8) business days from the date of receipt of an application file

(b) In a case stipulated in clause 2 of this article, the body for Management of Entry and Exit must respond with the results of the application within a maximum of five (5) business days from the date of receipt of an application file

6 Heads of police offices of communes and wards where citizens reside shall be liable for their certification on declarations made by citizens

7 Any organization or individual with legal entity status who is authorized by an applicant to lodge an application file shall be liable to ensure accurate comparison between the applicant with the people’s identity card and declaration which such applicant provides

Article 16

1 A Vietnamese citizen currently overseas requesting issuance of an ordinary passport shall lodge an application file with the Vietnamese representative office overseas

2 An application file shall comprise:

- Declaration for issuance of a passport on the stipulated standard form

- Document proving Vietnamese nationality

- Copy birth certificate if the application is for a passport for a child under fourteen (14) years of age

If a father or mother requests his or her child under fourteen (14) years of age to be on such parent’s passport, then the declaration for such child shall be made in a general declaration in the application

of the father or mother

2 The Vietnamese representative office overseas must respond with the results of an application within

a maximum of five (5) business days from the date of receipt of an application file

Article 17

The order and procedures for issuance of ships' crew passports shall be as stipulated in regulations of the Ministry of Transport and Communications

Article 18

The order and procedures for issuance of border permits and for exit and entry permits shall be as stipulated in regulations of the Ministry of Police, consistent with the provisions of international treaties of which Vietnam is a member

Article 19

The order and procedures for issuance of repatriation permits for Vietnamese citizens residing overseas to return and permanently reside in Vietnam shall be as stipulated in regulations of the Ministry of Police and the Ministry of Foreign Affairs

Article 20

The order and procedures for issuance of travel permits for Vietnamese citizens not residing overseas to return and permanently reside in Vietnam shall be as stipulated in regulations of the Ministry of Police

CHAPTER IV

Provisions on Persons Not Permitted to Exit, and Not Permitted to be Granted a Document Valid for

Exit from and Entry into Vietnam 1

Article 21

A Vietnamese citizen currently in Vietnam shall not be permitted to exit Vietnam in any of the following cases:

1 Such person is being prosecuted for criminal liability, or is relevant to a criminal investigation

2 Such person is obliged to serve a criminal sentence

3 Such person is obliged to comply with a civil or economic judgment; or is awaiting resolution of a civil

or economic dispute

4 Such person is obliged to comply with a decision on an administrative penalty, liable to perform a tax obligation or to discharge another financial obligation, except where such person has made a deposit

of money or assets or provided another form of security for performance of such obligation

5 For reasons of prevention of a disease with a danger of contagion

1

Allens Arthur Robinson Note: The literal translation throughout this Chapter is “persons not yet permitted to exit or to be granted a [passport]”, and carries the meaning that such persons may be permitted to exit and qualify for a passport in the future