Circular No. 45/2011/TT-BCA dated June 29, 2011 of the Ministry of Public Security guiding the grant of exit and entry permits for foreigners permanently residing in Vietnam without passports

THE MINISTRY OF PUBLIC SECURITY

Circular No. 45/2011/TT-BCA of June 29, 2011, guiding the grant of exit and entry permits for foreigners permanently residing in Vietnam without passports

Pursuant to the Government’s Decree No. 21/2001/ND-CP of May 28, 2001, detailing the Ordinance on Entry, Exit and Residence of Foreigners in Vietnam;

Pursuant to the Government’s Resolution No. 61/NQ-CP of December 17, 2010, on simplification of administrative procedures within functions of the Ministry of Public Security;

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

The Ministry of Public Security guides the grant of exit and entry permits for foreigners permanently residing in Vietnam as follows:

Article 1. Scope of regulation and subjects of application

This Circular guides procedures for the grant of exit and entry permits for foreigners permanently residing in Vietnam without passports.

Article 2. Conditions for granting exit and entry permits

Foreigners applying for exit and entry permits must fully meet the following conditions:

1. Having a permanent residence card granted by the Vietnam Immigration Management Department.

2. Having no passport granted by foreign competent authorities.

3. Not being subject to exit postponement under Vietnamese law.

Article 3. Validity duration and use value of exit and entry permits

1. Exit and entry permits are granted individually and have a validity duration at least one month shorter than that of permanent residence cards and are not extendable.

2. Exit and entry permits cannot replace passports and do not indicate the nationality of permit holders.

3. Persons who hold exit and entry permits together with permanent residence cards are exempt from visas when they enter or exit Vietnam during the permit validity duration.

Article 4. Procedures, place of dossier receipt and time limit for granting exit and entry permits

1. A dossier comprises:

- A declaration, made according to a set form enclosed with this Circular (not printed herein);

- A copy of the permanent residence card granted by the Vietnam Immigration Management Department enclosed with the original for the receiving officer to check;

- Two 4 cm x 6 cm recent photos with white background showing the applicant looking straight, bareheaded wearing no color glasses, of which either is glued to the declaration form.

2. Foreigners permanent residing in Vietnam shall submit their dossiers of application for exit and entry permits to immigration management offices of police departments of provinces or cities where they reside or to the Ministry of Public Security’s Immigration Management Department.

3. Within 2 working days after receiving valid dossiers, immigration management offices of provincial-level police departments shall consider and transfer dossiers of application for entry and exit permits to the Ministry of Public Security’s Immigration Management Department. Within 4 working days after receiving valid dossiers, the Ministry of Public Security’s Immigration Management Department shall consider and grant exit and entry permits.

4. Persons who request re-grant of entry and exit permits which are expired or damaged shall prepare new application dossiers according to a set form and submit them together with declaration of loss of the exit and entry permits, if these permits are lost.

Article 5. Fee for granting exit and entry permits

Grantees of exit and entry permits shall pay a fee under the Ministry of Finance’s regulations.

Article 6. Revocation of exit and entry permits

1. Exit and entry permits are revoked when permit holders are subject to exit postponement under Vietnamese law.

2. The Ministry of Public Security’s Immigration Management Department or immigration management offices of provincial-level police departments shall revoke entry and exit permits.

Article 7. Handling of violations

Agencies, organizations and individuals violating this Circular, shall, depending on the nature and severity of their violations, be handled under Vietnamese law.

Article 8. Organization of implementation

The Immigration Management Department of the Ministry of Public Security shall:

- Guide related agencies and organizations and foreigners in implementing this Circular.

- Coordinate with the Ministry of Foreign Affairs’ Consular Department in informing foreign competent agencies of this Circular so that they create favorable conditions for grantees of exit and entry permits to comply with it.

- Print and manage blank entry and exit permits and set forms enclosed with this Circular.

- Examine and make statistics on the grant of entry and exit permits.

Article 9. Effect

1. This Circular takes effect on August 14, 2011, and replaces the Public Security Minister’s Decision No. 679/2007/QD-BCA-A11 of June 20, 2007, promulgating the Regulation on grant and management of exit and entry permits.

2. General directors of general departments, heads of units of the Ministry of Public Security, directors of provincial-level police departments and the director of the Fire Prevention and Fighting Police Department shall implement this Circular.

Any problems arising in the course of implementation should be reported by police offices of units and localities and related agencies and organizations to the Ministry of Public Security (through the Immigration Management Department) for timely guidance.-

Minister of Public Security
General LE HONG ANH