Decree 67/2024/ND-CP amend Decree 76/2020/ND-CP and Decree 77/2020/ND-CP on immigration

DECREE

Amending and supplementing a number of articles of the Government’s Decree No. 76/2020/ND-CP dated July 01, 2020, prescribing in detail subjects eligible for grant, and the order, procedures and competence for issuance, revocation and invalidation of international travel documents and the Government’s Decree No. 77/2020/ND-CP dated July 01, 2020 prescribing the management of, and exploitation of information in, the national database on immigration; online public services for the issuance, management and control of passports of Vietnamese citizens; and immigration control with autogates

Pursuant to the Law on Organization of the Government dated June 19, 2015; Law on Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on Promulgation of Legal Documents dated June 22, 2015; the Law on Amending and Supplementing a Number of Articles of the Law on Promulgation of Legal Documents dated June 18, 2020;

Pursuant to the Law on Foreigners’ Entry into, Exit from, Transit through and Residence in Vietnam dated June 16, 2014 and the Law Amending and Supplementing a Number of Articles of the Law on Foreigners’ Entry into, Exit from, Transit through and Residence in Vietnam dated November 25, 2019;

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

Pursuant to the Law on Amending and Supplementing a Number of Articles of the Law on Exit and Entry of Vietnamese Citizens and the Law on Foreigners’ Entry into, Exit from, Transit through and Residence in Vietnam dated June 24, 2023;

Pursuant to the Law on E-Transactions dated June 22, 2023;

Pursuant to the Law on Information Technology dated June 29, 2006;

Pursuant to the Law on Cyberinformation Security dated November 19, 2015;

At the request of Minister of Public Security;

The Government promulgates the Decree amending and supplementing a number of articles of the Government’s Decree No. 76/2020/ND-CP dated July 01, 2020, prescribing in detail subjects eligible for grant, and the order, procedures and competence for issuance, revocation and invalidation of international travel documents and the Government’s Decree No. 77/2020/ND-CP dated July 01, 2020 prescribing the management of, and exploitation of information in, the national database on immigration; online public services for the issuance, management and control of passports of Vietnamese citizens; and immigration control with autogates.

Article 1. Amending and supplementing a number of articles of the Government’s Decree No. 76/2020/ND-CP dated July 01, 2020, prescribing in detail subjects eligible for grant, and the order, procedures and competence for issuance, revocation and invalidation of international travel documents

1. To amend and supplement Clauses 1 and 3, Article 5 as follows:

a) To amend and supplement Clause 1 as follows:

“1. One declaration form, made according to Form M01a 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 lawful representative;

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.”.

b) To amend and supplement Clause 3 as follows:

“3. Other papers for the following cases:

a) One certified true copy of the birth certificate or duplicate of the birth on the civil status book granted by a competent Vietnamese agency, for under-14 persons not yet having a personal identification number; those who submit photocopies shall produce originals for examination and comparison;

b) One certified copy of a paper granted by a competent Vietnamese agency 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 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.”.

2. To amend and supplement Point a Clause 2 Article 6 as follows:

“a) A certified true copy of the enterprise establishment decision or enterprise registration certificate; if submitting a photocopy, the original is required for examination and comparison;”.

3. To amend and supplement Article 7 as follows:

“1. An applicant for a Vietnam-Cambodia border travel document shall submit directly a dossier at the immigration office of the provincial-level Department of Public Security sharing the borderline with Cambodia where his/her agency, organization or enterprise is headquartered or online via the National Public Service Portal or the Ministry of Public Security’s Public Service Portal.

2. The applicant for a Vietnam-Laos border travel document shall submit a dossier as follows:

a) A Vietnamese citizen permanently residing in a province sharing the borderline with Laos shall submit a dossier at the commune-level or district-level public security office where he/she permanently resides or at the immigration office of the provincial-level Department of Public Security where he/she permanently resides or online via the National Public Service Portal or the Ministry of Public Security’s Public Service Portal;

b) A Vietnamese citizen not permanently residing in, but working at an agency, organization or enterprise headquartered in, a province sharing the borderline with Laos shall submit a dossier at the immigration office of the provincial-level Department of Public Security where his/her agency, organization or enterprise is headquartered or online via the National Public Service Portal or the Ministry of Public Security’s Public Service Portal.

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 commune-level public security office where he/she permanently resides or online via the National Public Service Portal or the Ministry of Public Security’s Public Service Portal.

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 district-level public security office where his/her agency is headquartered or online via the National Public Service Portal or the Ministry of Public Security’s Public Service Portal.”.

4. To amend and supplement Article 9 as follows:

“1. Within 3 working days after receiving a valid dossier, the competent agency specified in Clause 1 or Clause 2 Article 7 of this Decree 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, the competent agency specified in Clause 3 or Clause 4 Article 7 of this Decree 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.”.

5. To amend and supplement Clause 1, Clause 2 and Clause 4 Article 11 as follows:

a) To amend and supplement Clause 1 as follows:

“1. In case of losing his/her international travel document in the country, within 2 working days 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 M02a issued together with this Decree, to the immigration office of the provincial-level Department of Public Security or to the commune-level or district-level public security office or online via the National Public Service Portal or the Ministry of Public Security’s Public Service Portal. In case of a force majeure reason, he/she fails to submit or send the report within the prescribed time limit, the force majeure reason must be explained in detail.

Within 1 working day after receiving a report on loss of an international travel document, the receiving agency shall notify to the agency having issued such international travel document for invalidation of the lost international travel document in accordance with Clause 4 of this Article.”.

b) To amend and supplement Clause 2 as follows:

“2. In case of losing his/her international travel document abroad, within 2 working days 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.”.

c) To amend and supplement Clause 4 as follows:

“4. Within 1 working day after receiving a report on loss of an international travel document or a notice on transfer of 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.”.

6. To replace the phrase “who register permanent residence” by the phrase “who permanently reside” in Clause 2 Article 4; to add the phrase “or his/her identity card” after the phrase “or his/her citizen’s identity card” in Clause 2 and Clause 3 Article 8.

Article 2. Amending and supplementing a number of articles of the Government’s Decree No. 77/2020/ND-CP dated July 01, 2020 prescribing the management of, and exploitation of information in, the national database on immigration; online public services for the issuance, management and control of passports of Vietnamese citizens; and immigration control with autogates

1. To add Clause 1a after Clause 1 Article 6 as follows:

“1a. Agencies of the Party and the National Assembly may request the provision of information on immigration of their cadres and civil servants in the national database on immigration to serve the management of cadres under regulations.”.

2. To amend and supplement Clauses 1 and 3, Article 7 as follows:

a) To amend and supplement Clause 1 as follows:

“1. For the cases specified in Clauses 1 and 1a, Article 6 of this Decree:

a) For agencies meeting infrastructure requirements, the connection and sharing of data specified in Clause 1, Article 4 of this Decree must comply with Chapter III of the Government’s Decree No. 47/2020/ND-CP dated April 09, 2020, prescribing the management, connection and sharing of digital data of state agencies;

b) For an agency failing to meet infrastructure conditions or to meet work requirements, it shall send a written request for information provision to the agency managing the national database on immigration or the immigration office of the provincial-level Department of Public Security where it is headquartered. Within 5 working days after receiving the request, the receiving agency shall issue a written reply to the requester.”.

b) To amend and supplement Clause 3 as follows:

“3. For the cases specified in Clause 3, Article 6 of this Decree:

a) Citizens shall submit written requests, made using the form M03a issued together with this Decree, to the agency managing the national database on immigration, or the convenient immigration office of the provincial-level Department of Public Security, or district-level public security office where they permanently or temporarily reside, or online via the National Public Service Portal or the Ministry of Public Security’s Public Service Portal;

b) Within 5 working days after receiving such a request, the competent agency specified at Point a of this Clause shall issue a written reply to the requester”.

3. To add Clause 4 after Clause 3, Article 10 as follows:

“4. Based on the practical situation, the Ministry of Public Security shall assume the prime responsibility for, and coordinate with the Ministry of Foreign Affairs and the Ministry of National Defence in, reporting to the Government for deciding on persons eligible for registration for exit or entry via autogates, and persons eligible for exit or entry via autogates as specified in Clauses 1 and 3 of this Article in case of necessity to meet external affairs requirements, ensure national security and social order and safety, promote the socio-economic development.”.

Article 3. To promulgate together with this Decree the following forms:

1. Form M01a replacing Form No. M01 issued together with the Government’s Decree No. 76/2020/ND-CP dated July 01, 2020, prescribing in detail subjects eligible for grant, and the order, procedures and competence for issuance, revocation and invalidation of international travel documents.

2. Form M02a replacing Form No. M02 issued together with the Government’s Decree No. 76/2020/ND-CP dated July 01, 2020, prescribing in detail subjects eligible for grant, and the order, procedures and competence for issuance, revocation and invalidation of international travel documents.

3. Form M03a replacing Form No. M03 issued together with the Government’s Decree No. 77/2020/ND-CP dated July 01, 2020 prescribing the management of, and exploitation of information in, the national database on immigration; online public services for the issuance, management and control of passports of Vietnamese citizens; and immigration control with autogates.

4. Form M04 notice on transfer of report on loss of international travel document.

5. Form M05 notice on invalidation of international travel document.

Article 4. Implementation provisions

1. This Decree takes effect on August 09, 2024.

2. Vietnam-Cambodia border travel documents issued before the effective date of this Decree remain valid till their expiry dates stated therein.

3. Requests for international travel documents; reports on loss of an international travel document; requests for certification or provision of information that have not been settled shall apply the Government’s Decree No. 76/2020/ND-CP dated July 01, 2020, prescribing in detail subjects eligible for grant, and the order, procedures and competence for issuance, revocation and invalidation of international travel documents and the Government’s Decree No. 77/2020/ND-CP dated July 01, 2020 prescribing the management of, and exploitation of information in, the national database on immigration; online public services for the issuance, management and control of passports of Vietnamese citizens; and immigration control with autogates.
 

On behalf of the Government

For the Prime Minister

Deputy Prime Minister

Tran Luu Quang

* All Appendices are not translated herein.