Nghị định 94/2015/NĐ-CP sửa Nghị định về xuất cảnh, nhập cảnh

THE GOVERNMENT

Decree No. 94/2015/ND-CP dated October 16, 2015 of the Government amending, supplementing a number of Articles of the Decree No. 136/2007/ND-CP dated August 17, 2007 on Vietnamese citizens exit and entry

Pursuant to the December 25, 2001 Law on Organization of the Government;
At the proposal of the Minister of Public Security,

The Government promulgates the Decree amending, supplementing a number of Articles of the Decree No. 136/2007/ND-CP dated August 17, 2007 on Vietnamese citizen exit and entry.

Article 1. To amend, supplement a number of Articles of the Decree No. 136/2007/ND-CP

1. To amend, supplement Clause 2 Article 4 on validity term of exit and entry papers as follows:

a) To amend, supplement Point a, Clause 2 as follows:

“a) National passports:

- Diplomatic passports and official passports are valid for 5 years at most from the date of issue. Diplomatic or official passports that are valid under 1 year may be extended once for not more than 3 years. When it is expired, procedures should be processed to renew.

- Ordinary passports are valid for 10 years at most from the date of issue and inextensible; Ordinary passports that are still valid shall be re-granted, when it is expired, it shall be renewed.

- The validity term of national passports granted to under-14 children or citizens accompanied by under-9 children is specified in Article 5 of this Decree.”

b) To amend, supplement Point b, Clause 2 as follows:

“b) Other papers:

- Crewmember passports are valid for 10 years at most from the date of issue and may not be extended. Crewmember passports that are still valid shall be re-granted, when it is expired, it shall be processed to renew.”

2. To amend Article 5 as follows:

“Article 5.

1. Exit and entry papers are granted to each citizen.

2. Ordinary passports granted to under-14 children are valid for 5 years at most from the date of issue and these passports are inextensible.

3. Under-9 children may share ordinary passports with their fathers or mothers if so requested by the latter. In this case, passports are valid for 5 years at most from the date of issue and these passports are inextensible.

4. Diplomatic passports are granted to the under-18 children of subjects as stipulated under Clause 10 Article 6 of this Decree and official passports that are granted to the under-18 children of officers of staff members of Vietnams overseas representative missions; resident correspondents of Vietnamese state-owned news and press agencies in foreign countries as stipulated under Clause 4 Article 7 of this Decree are valid from 1 to 5 years from the date of issuance until the children reach full 18 years old and these passports are inextensible.

5. Diplomatic passports and official passports shall not be granted to subjects as stipulated under Article 6, Article 7 of this Decree when being sent to study abroad over 6 months.”

3. To amend, supplement Article 6 as follows:

“Article 6. Diplomatic passports are granted to Vietnamese citizens who fall into one of the following categories and are sent or permitted to go abroad by competent Vietnamese agencies defined in Clause 1, Article 32 of this Decree, as appropriate to the characteristics of their trips:

1. Those managed by the Communist Party of Vietnam:

- The General Secretary, Political Bureau members. Party Central Committee Secretaries, Party Central Committee members and alternate members;

- Former General Secretaries, Political Bureau members and Party Central Committee Secretaries;

- The director, deputy directors and members of the Party Central Committees Examination Commission:

- Secretaries and deputy secretaries of Party Committees of provinces and centrally run cities;

- Heads and deputy heads of Party Central Committee commissions; the director and deputy directors of the Office of the Party Central Committee;

- Heads and deputy heads of agencies established by Political Bureau, Party Central Committee Secretaries, Party Central Committee;

- Secretaries and deputy secretaries of Party Committees of central agencies and centrally managed enterprises blocks:

- Special envoys, assistants and secretaries of the General Secretary of the Party Central Committee.

- Assistants of Political Bureau members;

2. Those managed by the National Assembly:

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

- Former Chairmen and Vice Chairmen of the National Assembly;

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

- Heads and deputy heads of National Assembly Committees; the director and deputy directors of the Office of the National Assembly;

- Auditor General, Deputy Auditor General;

- Heads and deputy heads of the National Assembly Standing Committees Departments;

- National Assembly deputies;

- Assistants and secretaries of the National Assembly Chairman.

3. Those belonging to the President:

- The President and Vice Presidents;

- Former Presidents and Vice Presidents;

- The director and deputy directors of the President Office;

- Special envoys, assistants and secretaries of the President.

4. Those managed by the Government:

- The Prime Minister and Deputy Prime Ministers; former Prime Ministers and Deputy Prime Ministers;

- Ministers, heads of ministerial-level agencies, heads of government-attached agencies; vice ministers; deputy heads of ministerial-level agencies and deputy heads of government-attached agencies;

- General directors and heads of state departments equivalent to general department level; officers with ranks of major general or naval rear-admiral or higher who are on active service in the People Army or the Peoples Police;

- Special envoys, assistants and secretaries of the Prime Minister;

- Chairmen, vice chairmen and secretaries of Vietnam sub-committees in inter-governmental cooperation committees between Vietnam and foreign countries.

5. The President and Vice Presidents of the Supreme People Court;

6. The Chairman and Vice Chairmen of the Supreme People Procuracy;

7. Those managed by local state agencies:

- Chairmen and vice chairmen of Peoples Councils of provinces and centrally run cities;

- Presidents and vice presidents of Peoples Committees of provinces and centrally-run cities.

8. Presidents and vice presidents, General Secretary, members of the Vietnam Fatherland Front;

9. Those managed by political – social organizations at the central level:

- The Chairman and Vice Chairmen of the Vietnam General Confederation of Labor;

- The President and Vice Presidents of the Vietnam Peasants Association;

- The President and Vice Presidents of the Vietnam Women Union;

- The Chairman and Vice Chairmen of the Vietnam War Veterans Association;

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

10. Those who are currently working in the diplomatic service and have been conferred diplomatic titles or who are holding positions of deputy defense attach or higher at Vietnams overseas diplomatic missions and permanent missions at inter- governmental international organizations, or positions of consular attach or higher at Vietnams overseas consulates.

11. Diplomatic couriers, consular couriers.

12. Spouses of persons defined in Clauses 1, Clause 2, Clause 3, Clause 4, Clause 5, Clause 6, Clause 7, Clause 8 and Clause 9 of this Article who accompany the latter during their working trips; spouses and under-18 children of persons defined in Clause 10 of this Article who accompany and stay with the latter during their working terms or pay visits to them.

13. In case of necessity, based on. the foreign relation or state protocol requirements and the characteristics of working trips, the Minister of Foreign Affairs shall, under the direction of the Prime Minister, grant diplomatic passports, or, at the proposal of competent Vietnamese agencies stated in Clause I, Article 32 of this Decree, consider and decide on the grant of diplomatic passports, to persons not defined in Clause1, Clause 2, Clause 3, Clause 4, Clause 5, Clause 6, Clause 7, Clause 8 and Clause 9, Clause 10, Clause 11 and Clause 12 of this Article.”

4. To amend, supplement Article 7 as follows:

“Article 7. Official passports are granted to Vietnamese citizens who fall into one of the following categories and arc sent by competent agencies defined in Clause 1, Article 32 of this Decree to perform tasks within the functions of these agencies:

1. State cadres, employees whose salary are from state budget or guaranteed from wage fund of public service units as stipulated by the law are working at the following agencies, organizations, units:

a) Those managed by the Communist Party of Vietnam:

- The Secretariat of the Party Central Committee;

- Commissions of the Party Central Committee;

- The Office of the Party Central Committee;

- Other agencies established by Political Bureau,  the Secretariat of the Party Central Committee;

- Party Committees of provinces and centrally run cities; Party committees of districts and towns under the management of provinces;

b) Those under the National Assembly:

- The National Assembly Standing Committee;

- The National Assembly Nationalities Council;

- National Assembly Committees;

- Departments of the National Assembly Standing Committee;

- The Office of the National Assembly;

- State Audit;

c) The Office of the President.

d) Those under the Government:

Ministries, ministerial-level agencies and government-attached agencies and other organizations established by the Government, Prime Minister.

dd) The Supreme People Court (the central, provincial, district level);

e) The Supreme People Procuracy (the central, provincial, district level);

g) Those under local state agencies:

- Office of the National Assembly delegation;

- Peoples Councils of provinces, districts;

- Peoples Committees of provinces, districts;

h) Agencies of the People Army or the Peoples Police;

i) Agencies of the Vietnam Fatherland Fronts Central Committee;

k) Those under political and social organizations:

- The Vietnam General Confederation of Labor; Trade union at the central level and trade union at corporations under the management of the provincial General Confederation of Labor; district Confederation of Labor;

- The Vietnam Peasants Association (at the central, provincial, district level);

- The Central Committee of the Ho Chi Minh Communist Youth Union (at the central, provincial, district level);

- The Vietnam Women Union (at the central, provincial, district level);

- The Vietnam War Veterans Association (at the central, provincial, district level);

l) Persons that are rotated by competent agencies to keep the major position at the organizations but are still determined as carders;

m) Carders, officers at the commune, ward;

n)  Carders, officers, members of National Council for Science and Technology Policy.

o) Carders, officers of public service units:

- Heads, deputy heads of public service units; head, deputy heads of organizations that organize public service unit under the management of Political Bureau; Standing Committee, Government;

- Heads, deputy heads of public service units; head, deputy heads of organizations that organize public service unit under the management of Departments, central committees, the President Office; National Assembly Office; State Audit; the Supreme People Court; the Supreme People Procuracy; ministries, ministries equivalent level, agencies under the management of the Government; the Vietnam Fatherland Fronts Central Committee and other central political and social agencies;

- Heads, deputy heads of public service units; head, deputy heads of organizations that organize public service unit under the management of General Departments, Departments and agencies under the management of ministries, ministerial- level agencies; the People Council of provinces; People’s Committees of provinces; the provincial Fatherland Fronts Central Committee and other political and social organizations;

- Heads of public service units; head, deputy heads of organizations that organize public service unit under the management of People’s Committees of district; professional agencies of the People’s Committees of provinces; the People’s Committees of districts;

- Persons whose tasks are attached with state management in public service units are assigned for state management;

2. Professional officers and soldiers in the people’s army forces or the Peoples Police;

3. Staff members of Vietnam overseas representative missions; resident correspondents of Vietnamese state-owned news and press agencies in foreign countries.

4. Spouses and under-18 children of persons defined in Clause 3 of this Article who accompany and stay with the latter during their working terms or pay visits to them.

5. When necessary, based on the requirements and the characteristics of working trips, and the Minister of Foreign Affairs shall, under the direction of the Prime Minister, grant official passports, or at the proposal of competent Vietnamese agencies stated in Clause 1, Article 32 of this Decree, consider and decide on the grant of official passports to persons not defined in Clause 1, Clause 2, Clause 3 and Clause 4 of this Article.”

5. To amend, supplement Article 14 as follows:

“Article 14.

1. Vietnamese citizens who are in Vietnam applying for diplomatic or official passports  as stipulated under Article 6 and Article 7 of this Decree shall submit a dossier at the Consulate or Ho Chi Minh Department of Foreign Affairs (Ministry of Foreign Affairs) or foreign affairs agencies of provinces or centrally run cities according to regulations of the Ministry of Foreign Affairs. The dossier includes:

- The declaration for the grant of a diplomatic passport, official passport, made according to a set form;

- The document of a competent agency defined in Clause 1, Article 32 of this Decree on sending the applicant abroad or permitting him/her to go abroad; of which clearly states that these are state cadres, employees and servants who are enjoying salary from state budget or wage fund of public service units as stipulated by the law;

- If the applicants being persons who accompany or pay visits as specified under Clause 12 Article 6 and Clause 4 Article 7 of this Decree, in addition to the declaration form and papers proving that the applicant is under the subject of accompanying, the applicant shall submit the decision or written opinions of competent agencies where that person is working (if any) and the decision or written opinions of the Ministry of Foreign Affairs;

If the applicant is the under-18 child, copy of birth certificate and copy of identity card should be submitted (for cases of reaching 14 years old or over). If those above papers are copies, the original papers should be presented for comparison.

2. When applying the dossier, the applicant must pay the fee as stipulated by the Ministry of Finance;

3. Time limit for consideration of the grant of passports: Agencies granting diplomatic or official passports shall issue replies to applicants within 5 working days from the date of receipt of dossiers. If refusal, it should be replied in writing to the applicant and clearly mention the reasons.”

6. To amend, supplement Article 15 as follows:

“Article 15.

1. Vietnamese citizens who are in the country may submit applications for ordinary passports and receive replies at immigration control agencies in one of the following ways:

a) Directly submitting the dossier and receiving the reply at the immigration control agency of the police department of the province or centrally run city where the applicant permanently or temporarily resides.

b) Sending the dossier by post to the immigration control agency of the police department of the province or centrally run city where the applicant permanently resides, together with a request for receipt of the reply by post. The sending of dossiers and receipt of replies by post shall be earned out according to the procedures prescribed by the Ministry of Public Security and the Vietnam Post and Telecommunications Group.

c) Authorizing an agency or organization with legal person status to directly submit the dossier and receive the reply at the immigration control agency of the police department of the province or centrally run city where the applicant permanently resides or at the immigration control agency of the Ministry of Public Security. The authorization shall be done according to the regulations of the Ministry of Public Security;

2. In case of urgent need of a passport (as prescribed by the Ministry of Public Security), the applicant may submit the dossier and receive the reply at the Immigration Control Department, the Ministry of Public Security.

3. A dossier of application for a passport comprises:

a) In case of direct submission of a dossier as stated at Point a, Point c, Clause 1 of this Article:

- The declaration for the grant of an ordinary passport, made according to a set form.

For under-14 children, their parents or guardians shall till in and sign the declaration form; if the parent wishes to use his/her passport also for the  under- 9 child, he/she shall declare information on the child in his/her declaration form.

- A copy of the birth certificate of the under-14child.

Upon submitting the dossier, the applicant’s valid people identity card must also be produced for comparison. In case of temporary residence, the temporary residence book issued by competent agencies must be presented.

b) In case of submission of dossiers by post as stated at Point b, Clause 1 of this Article:

- The declaration for the grant of an ordinary passport, made according to a set form and containing the certification by the chief of the police of the ward or commune where the applicant registers his/her permanent residence.

- A copy of the valid people identity card.

4. Upon submitting dossiers, applicants shall pay a passport fee according to regulations of the Ministry of Finance. In case of submission by post, applicants shall pay the fee together with the dossier and pay delivery charges to the post office.

5. Time limit for processing dossiers and reply:

a) For cases of direct submission of a dossier at the immigration agency of the Department of Public Security where the applicant permanently resides or temporarily resides as stipulated under Clause 1 of this Article, the immigration department shall issue replies within 8 working days from the date of receipt of dossiers.

b) For cases of direct submission of a dossier at the immigration agency as stipulated under Clause 1 and Clause 2 of this Article, immigration control agencies shall issue replies within 5 working days from the date of receipt of dossiers.

6. Chiefs of police offices of wards or communes where citizens permanently reside shall take-responsibility before law for their certification in citizen declarations for the grant of passports.

7. Agencies or organizations with legal person status authorized by passport applicants to submit dossiers and receive replies shall take responsibility before law for the accurate comparison between applicant identity cards and declaration forms.”

7. To amend Clause 1 Article 16 as follows:

“….

If the parent wishes to use his/her passport also for his/her accompanying under-9 child(ren), he/she shall also declare information on the child(ren) in the declaration form of ordinary passport.”

8. To amend Article 29 as follows:

“Article 29. The Ministry of Transport has the responsibilities

1. To guide the procedures and orders for granting and modifying crewmember passports.

2. To grant, modify crewmember passports; to notify the Ministry of Public Security of the list of persons who are granted crewmember passports immediately after granting these passports and the list of persons who report on the loss of crewmember passports.

3. To supply necessary information and documents on individuals and organizations violating regulations on the grant and use of crewmember passports to the Ministry of Public Security for handling.”

9. To amend, supplement Article 32 as follows:

“Article 32.

1. Agencies competent to send abroad persons falling into the categories being granted diplomatic passports, official passports as defined in Articles 6 and Article 7 of this Decree include:

a) Those under the Communist Party of Vietnam:

- The Political Bureau of the Party Central Committee;

- The Secretariat of the Party Central Committee:

- Commissions of the Party Central Committee;

- The Office of the Party Central Committee;

- Party Committees of provinces and centrally run cities;

- Other departments established by the Political Bureau, Party Central Committee.

b) Those under the National Assembly:

- The National Assembly Standing Committee;

- The National Assembly Nationalities Council;

- National Assembly Committees;

- Departments of the National Assembly Standing Committee;

- The Office of the National Assembly;

- State audit;

c) The Office of the President.

d) Those under the Government:

- The Prime Minister;

- Ministries, ministerial-level agencies and government-attached agencies; other departments established by the Government, Prime Minister;

dd) The Supreme People Court;

e) The Supreme People Procuracy.

g) Those under local state agencies:

- People Councils of provinces and centrally run cities;

- People Committees of provinces, and centrally run cities;

h) The Vietnam Fatherland Fronts Central Committee:

i) Those under political and social organizations at the central level:

- The Vietnam General Confederation of Labor;

- The Vietnam Women Union;

- The Central Committee of the Ho Chi Minh Communist Youth Union;

- The Vietnam Peasants Association;

- The Vietnam War Veterans Association;

k) Organizations whose cadres are assigned to keep the major position;

l) The president of National Science and Technology Council;

2. Ministers, heads of ministerial-level agencies, agencies under the central management and public service units established by the Government, presidents of Peoples Committees of provinces and centrally run cities may authorize their attached units to send or allow their cadres and employees go abroad.

3. Heads of competent agencies specified in Clause 1 of this-Article shall promulgate regulations on management of overseas trips of cadres and employees under their management.

4. For employees under the management of central committee, it shall be implemented according to related regulations.”

Article 2.Implementation provisions

1. This Decree takes effect on December 01, 2015;

2. The Decree No. 65/2012/ND-CP dated September 06, 2012 of the Government amending, supplementing a number of articles of the Decree No. 136/2007/ND-CP dated August 17, 2015 of the Government on Vietnamese citizen exit and entry shall cease to be effective.

3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and presidents of Peoples Committees of provinces and centrally run cities shall implement this Decree.

For the Government

The Prime Minister

Nguyen Tan Dung