Decree No. 76/2020/ND-CP regulations on issuance, revocation and invalidation of international travel documents

DECREE

Prescribing in detail subjects eligible for grant, and the order, procedures and competence for issuance, revocation and invalidation of international travel documents^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the November 22, 2019 Law on Exit and Entry of Vietnamese Citizens;

At the proposal of the Minister of Public Security;

The Government promulgates the Decree prescribing in detail subjects eligible for grant, and the order, procedures and competence for issuance, revocation and invalidation of international travel documents.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree prescribes in detail subjects eligible for grant and the order, procedures and competence for issuance, revocation and invalidation of international travel documents for Vietnamese citizens.

Article 2. Subjects of application

This Decree applies to Vietnamese agencies, organizations, enterprises and citizens.

Article 3. Scope of use of international travel documents

1. Vietnam-Cambodia border travel documents are valid within Cambodian border provinces adjacent to Vietnam.

2. Vietnam-Laos border travel documents are valid within Lao border provinces adjacent to Vietnam.

3. Documents for entry into and exit from the Vietnam-China border area are valid within the Chinese border areas adjacent to Vietnam.

Chapter II

ISSUANCE OF INTERNATIONAL TRAVEL DOCUMENTS

Article 4.Subjects eligible for grant of international travel documents

1. Subject eligible for grant of Vietnam-Cambodia border travel documents include cadres, civil servants, public employees and workers who are currently working in agencies, organizations and enterprises headquartered in provinces sharing the borderline with Cambodia and sent on working trips to Cambodian counterpart border provinces.

2. Subjects eligible for grant of Vietnam-Laos border travel documents:

a/ Vietnamese citizens who register permanent residence in provinces sharing the borderline with Laos;

b/ Vietnamese citizens who do not register permanent residence in provinces sharing the borderline with Laos but work in agencies, organizations or enterprises headquartered in provinces sharing the borderline with Laos.

3. Subjects eligible for grant of Vietnam-China border travel documents:

a/ Vietnamese citizens who permanently reside in communes, wards or townships adjacent to the Vietnam-China borderline;

b/ Cadres and civil servants who work in state agencies headquartered in Vietnam’s districts, towns or provincial cities adjacent to the Vietnam-China borderline and are sent on working trips to Chinese counterpart border areas.

Article 5.Dossiers of application for international travel documents

1. One declaration form, made according to Form M01 provided in the Appendix to this Decree, fully filled in with necessary information. The making of declarations in some cases is prescribed as follows:

a/ For a person specified in Clause 1; at Point b, Clause 2; and at Point b, Clause 3, Article 4 of this Decree, the declaration form must be certified by his/her managing agency, organization or enterprise and have his/her photo partly covered with the seal of his/her managing agency, organization or enterprise;

b/ For a person having lost his/her civil act capacity or person with difficulties in perceiving and controlling acts specified in the Civil Code or an under-14 person, the declaration form shall be filled in and signed by his/her father, mother or at-law representative and certified by the head of the public security office of the commune, ward or township where the applicant permanently resides and have the applicant’s photo partly covered by the seal of such public security office;

c/ For an under-16 person who applies for a document for entry into and exit from the Vietnam-China border area shared with his/her father or mother, the declaration form shall be filled in and signed by the father or mother.

2. Two portrait photos of 4cm x 6cm.  If an under-16 person applies for an international travel document shared with his/her father or mother, it is required to stick 1 photo of 3cm x 4cm of the applicant to the declaration form and enclose with another 3cm x 4cm photo for being stuck to the international travel document.

3. Other papers for the following cases:

a/ One certified true copy of the birth certificate or duplicate of the birth certificate, for under-14 persons;

b/ Certified photocopies of papers granted by competent Vietnamese agencies proving the at-law representative of a person who has lost his/her civil act capacity, a person with difficulties in perceiving and controlling his/her acts specified in the Civil Code or an under-14 person. Those who submit uncertified photocopies shall produce originals for examination and comparison.

c/ The international travel document already granted, if remaining valid;

d/ A letter of introduction issued by the concerned agency, organization or enterprise, for cases of authorization to submit the dossier.

Article 6.Authorization to submit dossiers of application for international travel documents

1. Persons currently working in agencies, organizations or enterprises with the legal person status may authorize such agencies, organizations or enterprises to submit dossiers and receive dossier-processing results on their behalf.

2. An enterprise which is authorized to submit dossiers of application for international travel documents shall, before submitting the dossiers, send to the issuing agency 1 set of dossier proving the legal person status which must comprise:

a/ A certified true copy or certified photocopy of the enterprise establishment decision or enterprise registration certificate; if submitting an uncertified photocopy, the original is required for examination and comparison;

b/ A letter of introduction of the seal and signature specimens of the enterprise’s at-law representative.

3. The dossier proving the legal person status prescribed in Clause 2 of this Article shall be sent only once; upon occurrence of any changes in contents of the dossier, the enterprise shall submit additional documents.

Article 7.Place of submission of dossiers

1. An applicant for a Vietnam-Cambodia border travel document shall submit a dossier at the immigration office of the Department of Public Security of the province sharing the borderline with Cambodia where his/her agency, organization or enterprise is headquartered.

2. An applicant for a Vietnam-Laos border travel document shall submit a dossier at the immigration office of the Department of Public Security of the province sharing the borderline with Laos where he/she permanently resides or his/her agency, organization or enterprise is headquartered.

3. An applicant for a document for entry into and exit from the Vietnam-China border area specified at Point a, Clause 3, Article 4 of this Decree shall submit a dossier at the public security office of the commune, ward or township adjacent to the Vietnam-China borderline where he/she permanently resides.

4. An applicant for a document for entry into and exit from the Vietnam-China border area specified at Point b, Clause 3, Article 4 of this Decree shall submit a dossier at the public security office of the Vietnamese district, town or provincial city adjacent to the Vietnam-China borderline where his/her agency is headquartered.

Article 8.Order of implementation

1. An applicant for an international travel document shall submit 1 set of dossier as prescribed in Article 5 of this Decree.

2. When submitting the dossier, the applicant must produce his/her valid people’s identity card or citizen identity card for comparison.

3. For an agency, organization or enterprise authorized to submit dossiers and receive dossier-processing results, the person who is assigned to submit dossiers shall produce a letter of introduction, his/her valid people’s identity card or citizen identity card and people’s identity card or citizen identity card of the authorizing person for examination and comparison.

4. Persons having lost their civil act capacity or persons with difficulties in perceiving and controlling their acts specified in the Civil Code or under-14 persons shall carry out procedures through their at-law representatives.

5. Responsible persons shall receive dossiers of application for international travel documents; examine and compare papers included therein; collect fees and issue a written appointment stating the date of notification of dossier-processing results.

6. Applicants for international travel documents shall pay fees; if wishing to receive dossier-processing results at places other than those prescribed in Article 7, they shall pay delivery service charges.

Article 9.Time limit and competence for handling

1. Within 3 working days after receiving a valid dossier, the immigration office of the Department of Public Security of a province sharing the borderline with Cambodia or the immigration office of the Department of Public Security of a province sharing the borderline with Laos shall issue an international travel document and return results to the applicant. In case of refusal, it shall issue a written reply, clearly stating the reason.

2. Within 1 working day after receiving a valid dossier, a public security office of a commune, ward or township adjacent to the Vietnam-China borderline; or a public security office of a district, town and provincial city adjacent to the Vietnam-China borderline shall issue an international travel document and return results to the applicant. In case of refusal, it shall issue a written reply, clearly stating the reason.

Chapter III

REVOCATION AND INVALIDATION OF INTERNATIONAL TRAVEL DOCUMENTS

Article 10.Cases in which an international travel document is revoked or invalidated

1. The international travel document, which has not yet expired, is lost.

2. The international travel document has been granted to a person subject to suspension from exit in accordance with the Law on Exit and Entry of Vietnamese Citizens.

3. The international travel document belongs to a person not yet eligible for grant of immigration papers due to commission of prohibited acts.

Article 11.Invalidation of lost international travel documents which have not yet expired

1. In case of losing his/her international travel document in the country, within 48 hours after detecting the loss, the concerned international travel document holder shall directly submit or send a report on loss of international travel document, made according to Form M02 provided in the Appendix to this Decree, to the agency having issued such document. In case of aforce majeurereason, he/she fails to submit or send the report within the prescribed time limit, theforce majeurereason must be explained in detail.

2. In case of losing his/her international travel document abroad, within 48 hours after detecting the loss, the concerned international travel document holder shall notify the host country’s authorities to carry out procedures for certifying the loss of the international travel document and facilitating his/her exit; when returning home, he/she shall report on the loss of his/her international travel document to the immigration control unit at the border gate of entry.

3. Immigration control units at border gates shall take responsibility for receiving reports of persons who have lost their international travel documents abroad and issuing entry certificates made according to Form M03 provided in the Appendix to this Decree to the these persons.

4. Within 1 working day after receiving a report on loss of an international travel document or entry certificate issued by an immigration control unit at a border gate, the agency having issued such international travel document shall invalidate the lost international travel document and notify to the border guard of the province where the concerned citizen is granted the international travel document.

Article 12.Revocation and invalidation of international travel documents of persons not yet eligible for grant of immigration papers due to commission of prohibited acts

1. When having grounds to determine that a person is not yet eligible for grant of immigration papers under Clause 1, Article 21 of the Law on Exit and Entry of Vietnamese Citizens, the agency having issued such document shall check and request such person to return his/her international travel document for invalidation, if such document has not yet expired.

2. In case of impossibility to revoke an international travel document which has not yet expired, the agency having issued such document shall invalidate the international travel document and notify thereof to the border guard of the province where the concerned citizen is granted the international travel document.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 13.Effect

This Decree takes effect on July 1, 2020.

Article 14.Transitional provision

International travel documents issued before the effective date of this Decree remain valid till their expiry dates stated therein.

Article 15.Implementation responsibility

1. The Ministry of Public Security shall assume the prime responsibility for, and coordinate with the Ministry of National Defense, the Ministry of Foreign Affairs and People’s Committees of provinces sharing the land borderlines with Cambodia, Laos and China in, examining and guiding the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC

*The Appendix to this Decree is not translated.