Thông tư liên tịch 08/2013/TTLT-BCA-BNG

JOINT CIRCULAR

AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE JOINT CIRCULAR NO. 08/2009/TTLT/BCA-BNG, GUIDING THE ISSUANCE OF ORDINARY PASSPORTS AND LAISSEZ-PASSERS FOR OVERSEAS VIETNAMESE CITIZENS

Pursuant to the Government’s Decree No. 136/2007/ND-CP dated August 17, 2007, and Decree No. 65/2011/ND-CP dated September 06, 2012,amending and supplementing the Decree No. 136/2007/ND-CP dated August 17, 2007 on Vietnamese citizens’ exit and entry;

Pursuant to the Government’s Decree No. 77/2009/ND-CP dated September 15, 2009, defining the functions, tasks, powers and organizational structure of the Ministry of Public Security;

Pursuant to the Government’s Decree No. 15/2008/ND-CP dated February 04, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Foreign Affairs;

The Minister of Public Security and Minister of Foreign Affairs promulgate the Joint Circular amending and supplementing a number of articles of the Joint Circular No. 08/2009/TTLT/BCA-BNG dated October 06, 2009 of the Ministry of Public Security and Ministry of Foreign Affairs, guiding the issuance of ordinary passports and laissez-passers for overseas Vietnamese citizens according to the Decree No. 136/2007/ND-CP dated August 17, 2007 and Decree No. 65/2012/ND-CP dated September 06, 2012.

Article 1. To amend and supplement a number of articles of the Joint Circular No. 08/2009/TTLT/BCA-BNG

1. Amending and supplementing Clause 3 Article 1 as follows:

 “3. The paper used as the ground for issuance, modification or supplementation of a passport or issuance of a laissez-passer is any of the following papers:

a) Paper evidencing Vietnamese nationality (stuck with a photo) as prescribed by Vietnam's law on nationality in different periods;

b) Paper certifying personal identification of Vietnamese citizen residing overseas issued by the Exit and Entry Management Department remains valid (form X04 issued together with this Circular);

c) A valid paper issued by a competent Vietnamese state management agency to citizens, containing full personal information and stuck with a photo. A person's personal information covers his/her full name, date of birth, place of birth, gender and nationality.

If the above papers are no longer valid or not stuck with photos, they shall be used only for reference in the issuance, modification or supplementation of passports or issuance of laissez-passers.”

2. Amending and supplementing Clause 1 Article 2 as follows:

 “1. For cases of application for first-time issuance of passports

a) A dossier including a set of application comprises:

- An application, made according to a set form issued together with this Circular;

- Two 4 x 6 cm white-background photos, recently taken with straight-looking eyes and bare head, not wearing color glasses;

- A certified true copy of the paper used as a basis for the issuance of a passport as defined in Clause 3, Article 1 amended and supplemented by this Circular. In case of a copy, it is required to present original for examination and comparison.

- The under-14 children requesting for issuance a separate passport must submit 01 copy of certificate of birth certificate. In case of a copy, it is required to present original for examination and comparison. The declaration must be filled in and signed by the child's father, mother; if the declaration is filled in and signed by adoptive father or mother, or guardian, a document to prove that this person is the child's adoptive father or mother, or guardian is required.

- In case where father or mother requests for sharing a Vietnamese passport with their under-9 children, declare on declaration of father or mother, submit two 4 x 6 photos of those children and enclosed papers  similar to case of children requesting for a separate passport; not share passport with the guardian. 

b) The handling of dossiers by Vietnamese representative missions:

- Within 05 working days after the receipt of a complete and valid dossier, the Vietnamese representative mission shall decide to issue a passport and return result to the applicant.

- In case the dossier has not yet been full ground for issue of passport, the Vietnamese representative mission shall ask the applicant to clearly declare his/her personal identity details and relevant information to support for verification: such as his/her address of permanent or temporary residence in the country before exit, details of the entry and exit paper (type of paper, serial number, date of issue and issuing agency) and his/her relatives in Vietnam; submit documents proving relevant information as mentioned above (if any) and send dossier to the Consular Department of the Ministry of Foreign Affairs to request Bureau of Civil Status, Nationality and Authentication of the Ministry of Justice and the Exit and Entry Management Department of the Ministry of Public Security for verification.

- Within 40 days after the receipt of the request, the requested agencies shall answer the verification result in writing to the Consular Department.

- Within 05 working days after the receipt of a verification result, the Consular Department shall notify in writing to the overseas Vietnamese representative mission for settlement.

- Within 02 working days after the receipt of answer from the Consular Department, the overseas Vietnamese representative mission shall consider to issue a passport and return result to the applicant.

Within 45 working days after sending request for verification but fail to receive any answer from the Consular Department, head of the Vietnamese representative mission shall consider and decide on issue of a passport and return result to the applicant.

3. Amending and supplementing Clause 2 Article 2 as follows:

 “2. Re-issuance of passports (which are lost, damaged, unexpired and need to be re-granted), or separation of children in passport of father or mother for issuance of a separate passport.

a) A dossier including a set as prescribed in point a Clause 1 Article 2 amended and supplemented by this Circular and the following papers:

- In case of lost passports, submit application to report on passport loss (certified by authority of host country);

- In case of damaged passport or unexpired passport, submit that passport;

- In case of requesting for separation of children in passport of father or mother for issuance of a separate passport, submit passport and declaration made and signed by father or mother. If father or mother requests for re-issuance of passport, submit additionally 01 declaration (form X02) and two 4x6 photos of father or mother.

b) The handling of dossiers by Vietnamese representative missions:

- Within 05 working days after the receipt of a complete and valid dossier, the Vietnamese representative mission shall decide to re-issue a passport and return result to the applicant.

- In case of issuance of a passport to a child separated from the Vietnamese passport of his/her father or mother, the Vietnamese representative mission shall make a remark in Vietnamese and English on page 6, 7 or 8 of the father's or mother's passport as follows: "To obliterate the name of the child ……from page 4 of this passport”.

- In case of re-issuance of passports in replacement of damaged or unexpired ones but need to be re-granted, or separated children from passport of father or mother, after issuing a new passport, the Vietnamese representative mission shall duplicate the personal information page in the old passport for archive and perforate the old passport (on the lower right side of the passport, from page 1 thru 24, except pages stuck with valid visas or residence permits issued by foreign authorities) and return it to the applicant.

- In case the dossier is incomplete for passport re-issuance, the Vietnamese mission shall ask the applicant to clearly declare his/her personal identity details and request the Immigration Department of the Ministry of Public Security, or the Vietnamese representative mission which has issued the passport to conduct verification. The time limit for passport-issuing agencies to reply and the time limit for Vietnamese representative missions to reply applicants comply with Point b Clause 1 of Article 2 amended and supplemented by this Circular."

4. Amending and supplementing Point a Clause 3 Article 2 as follows:

 “a) A dossier including a set as prescribed in point a Clause 1 Article 2 amended and supplemented by this Circular and the following papers:

- In case of application for adjustment of the full name, date of birth, place of birth, gender or ID number, the applicant shall submit a copy of the legally valid paper evidencing the adjustment. In case of a copy, it is required to present original for examination and comparison.

- In case of application of addition of an under-14 child to the Vietnamese passport of his/ her father or mother, the applicant shall submit the dossier similar to case of application of issuance of child into a sharing passport of his/her father or mother prescribed in Point a, Clause 3 of Article 2 amended and supplemented by this Circular. If the child is an offspring of a Vietnamese citizen and a foreigner, the Vietnamese representative mission shall add him/her to the Vietnamese passport of his/her mother only if he/she holds Vietnamese nationality.”

5. Supplementing Clause 5 to Article 2 as follows:

 “5. The applicant of re-issuance of passport or addition of a child to passport of his/her father or mother, who wish to receive result via post office or authorize other person for receipt, may perform as follows:

- In case of receiving result via post office, clearly state in declaration (form X02) and pay charges as prescribed by post office of host country;

- In case of authorization for other person to receive, the authorized person when come for receipt of passport must present identification papers, file the receipt and letter of authorization."

6. Amending and supplementing Article 3 as follows:

 “Article 3. Validity of passports

1. Passports issued to citizens aged full 14 years or older are valid for 10 years at most from the date of issuance and inextensible.

2. Passports issued to under-14 children or passports issued additionally for under-9 children to share with passports their fathers or mothers are valid for 5 years from the date of issuance and inextensible.

3. In case of addition of under-9 children to Vietnamese passports of their fathers or mothers which are valid more than 05 years, the validity term of the fathers' or mothers' passports will be 5 years from the date of adding these children.

7. Amending and supplementing Points a, b Clause 2 Article 5 as follows:

 “a) For those who go abroad for a definite term for working, study or tourism or for settlement of personal affairs but their passports are lost or have expired; and those who are not allowed to reside in foreign country, are forced to repatriate or wish to return to Vietnam but have no valid passport:

- Dossier including a set as prescribed in point a Clause 1 Article 2 amended and supplemented by this Circular and the following papers:

+ A copy of the paper used as a basis for the issuance of a laissez-passer prescribed in Clause 3 Article 1 amended and supplemented by this Circular. In case of a copy, it is required to present original for examination and comparison;

+ The expired passport or a report on loss of a passport. For those who wish to return to Vietnam, the report on passport loss must be certified by authority of host country;

+ Those who wish to return to Vietnam shall write down their aspiration in the declaration.

- The handling of dossiers by Vietnamese representative missions:

+ Within 05 working days after the receipt of a complete and valid dossier, the Vietnamese representative mission shall decide to issue a laissez-passer and return result to the applicant.

+ If the dossier is incomplete, the Vietnamese representative mission shall ask the applicant to clearly declare his/her personal identity details and request the Public Security Ministry's Immigration Department to conduct verification. The issuance of verification requests by the Vietnamese representative mission, the time limit for the Immigration Department to conduct verification and reply and the time limit for Vietnamese representative mission to reply the applicant comply with Point b Clause 1, Article 2 amended and supplemented by this Circular.

b) For those who are subject to expulsion under the written decisions of competent foreign agencies but have no valid passport:

- Dossier including 01 set of:

+ Two 4 x 6 cm white-background photos of Vietnamese citizen, recently taken with straight-looking eyes and bare head, not wearing color glasses.  Declaration of litigant is not required;

+ The valid expulsion decision of competent foreign agencies.

- The handling of dossiers by Vietnamese representative missions:

+ The Vietnamese representative mission shall send to the Public Security Ministry's Immigration Department a request for verification of personal identity details and information on the impulsion decisions issued by host country's authority of the person subject for verification. Within 45 days after receiving the verification request, the Immigration Department of the Ministry of Public Security shall issue a written reply to the Vietnamese representative mission.

+ The Vietnamese representative mission shall issue a laissez-passer to the applicant only after obtaining the approval of the Public Security Ministry's Immigration Department.”

8. Supplementing Article 5a as follows:

 “Article 5a. Issuance of certificate of personal identity

a) A dossier set of application comprises:

- An application of issuance of certificate of personal identity, made according to form X03 issued together with this Circular;

- Two 4 x 6 cm white-background photos of overseas Vietnamese citizen, recently taken with straight-looking eyes and bare head, not wearing color glasses;

- Copy of papers proving relation between the applicant and his/her relatives abroad. In case of a copy, it is required to present original for examination and comparison.

b) Subjects of request and place of dossier submission:

- Domestic Vietnamese citizens (grandfather, grandmother, father, mother, spouses, children, brothers, sisters, aunts, uncles) request for certificate of personal identity to their natural relatives being overseas Vietnamese citizens to do procedures for issuance of passport or laissez-passer. 

- The applicant of issuance of certificate of personal identity may submit dossier at the Exit and Entry Management Department or Division of Exit and Entry Management of the Public Security Department of province or central affiliated cities (abbreviated to as the provincial Public Security Department).

c) The handling of the exit and entry management agencies:

- In case of submitting dossier at the Division of exit and entry management of the provincial Public Security Department where the applicant resides:

+ Within 25 working days after receipt of a full and valid dossier, the Division of Exit and Entry management of the provincial Department of Public Security shall verify, send dossier to the Exit and Entry Management Department.

+ Within 05 working days after receipt of dossier, the Division of Exit and Entry management of the provincial Department of Public Security, the Exit and Entry Management Department shall consider to issue the certificate of personal identity, send result to the Division of Exit and Entry Management of the provincial Public Security Department for returning to the applicant, concurrently, notify the overseas Vietnam representative missions at the request of the applicant.

- In case of submitting dossier at the Exit and Entry Management Department:

Within 30 working days after receipt of a full and valid dossier, the Exit and Entry Management Department shall direct verification and consider issuing the certificate of personal identity, return result to the applicant, and notify the overseas Vietnam representative missions at the request of the applicant.

d) Certificate of personal identity is valid 12 months after the day of issue and inextensible.”

9. To annul point b Clause 1 Article 6.

Article 2. Effect

This Joint Circular takes effect on October 05, 2013.