Joint Circular No. 08/2013/TTLT-BCA-BNG of August 20,2013, amending and supplementing a number of articles of Joint Circular No. 08/2009/TTLT-BCA-BNG, guiding the grant of ordinary passports and laissez-passers for Vietnamese citizens abroad

THE MINISTRY OF PUBLIC SECURITY - THE MINISTRY OF FOREIGN AFFAIRS

Joint Circular No. 08/2013/TTLT-BCA-BNG of August 20,2013, amending and supplementing a number of articles of Joint Circular No. 08/2009/TTLT-BCA-BNG, guiding the grant of ordinary passports and laissez-passers for Vietnamese citizens abroad

Pursuant to the Government’s Decree No. 136/2007/ND-CP of August 17,2007, and Decree No. 65/2011/ND-CP of September 6, 2012, amending and supplementing the Government’s Decree No. 136/2007/ND-CP of August 17,2007, on Vietnamese citizens’ entry and exit;

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

Pursuant to the Government s Decree No. 15/2008/ND-CP of February 4, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Foreign Affairs;

The Minister of Public Security and the Ministry of Foreign Affairs jointly issues this Joint Circular to amend and supplement a number of articles of Joint Circular No. 08/2009/TTLT-BCA-BNG of October 6,2009, of the Ministry of Public Security and the Ministry of Foreign Affairs, guiding the grant of ordinary passports and laissez-passes for Vietnamese citizens abroad under Decree No. 136/2007/ ND-CP of August 17, 2007, and Decree No. 65/2012/ND-CP of September 6, 2013.

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

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

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

a/ Paper evidencing Vietnamese nationality (stuck with a photo) in accordance  with the Vietnam’s law on nationality in different periods;

b/ A valid personnel certification of Vietnamese citizen currently living overseas, issued by the Immigration Department (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 includes his/her full name, date of birth, place of birth, sex and nationality.

If the above papers are no longer valid or not stuck with photos, they may be used only for reference in the grant, modification or supplementation of passports or grant of laissez-passers.”

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

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

a/A dossier of application comprises:

- An application, made according to Form X02 issued together with this Circular;

- Two 4 cm x 6 cm white-background photos, recently taken with straight-looking face, bare head and without glasses;

- A true copy of the paper used as a basis for the grant of a passport prescribed in Clause 3, Article l, which is amended and supplemented in this Circular. For a photocopy of the paper, its original must be produced for comparison.

- An under-14 child that applies for a separate, passport, must additionally submit a copy of his/her birth certificate. For a photocopy of the birth certificate, its original must be produced for comparison. The declaration must be made and signed by the child’s parent, if the declaration is made and signed by the child’s adoptive parent or guardian, a paper evidencing that this person is the child’s adoptive parent or guardian is required.

- If the parent applies for a Vietnamese passport for him/her and an under-9 child, he/ she shall declare information on the child in his/ her declaration form and submit two 3cm x 4cm photos of the child and enclosed papers as in case the child applies for a separate passport; a child cannot be included in his/her guardian’s passport.

b/ Handling of dossiers by Vietnamese representative missions:

- Within 5 working days after receiving a complete and valid dossier, the Vietnamese representative mission shall decide to grant a passport and reply the applicant.

- In case the dossier is incomplete, the Vietnamese representative mission shall request the applicant to specifically declare his/her personal identity details and related information to support the verification: 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 grant and granting agency) and his/her relatives in Vietnam; and submit papers evidencing the above related information (if any) and send the dossier to the Consular Department of the Ministry of Foreign Affairs for proposing the Civil Status, Nationality and Certification Department of the Ministry of Justice and the Immigration Department of the Ministry of Public Security for verification.

- Within 40 working days after receiving the request, the requested agency shall reply in writing to the Consular Department.

- Within 5 working days after receiving the verification results, the Consular Department shall notify in writing to the oversea Vietnamese representative mission for dossier handling.

- Within 2 working days after receiving the Consular Department’s written reply, the overseas Vietnamese representative mission shall consider to grant a passport and notify the result to the applicant.

Past 45 working days after sending a verification request, if receiving no reply of the Consular Department, the head of the Vietnamese representative mission shall consider, decide to grant a passport and notify the results to the applicant.”

3. To amend and supplement Clause 2, Article 2 as follows:

“2. For cases of re-grant of passports (which are lost or damaged), renewal of valid passports, or grant of separate passports for accompanied children

a/ A set of dossier prescribed at Point a, Clause 1, Article 2, which is amended and supplemented in this Circular, and the following papers:

- In case the passport is lost, the applicant shall submit a report on the loss of the passport (certified by the host country’s authorities);

- In case the passport is damaged or remains valid the applicant must return the passport;

- In case of application for a separate passport for a child, the applicant shall submit his/her passport and a declaration made and signed by the child’s parent. If case of application for re-grant of the passport, the applicant shall additionally submit one declaration (Form X02) and two 4 cm x 6 cm photos of the parent.

b/ Handling of dossiers by Vietnamese representative missions:

- Within 5 working days after receiving a complete and valid dossier, the Vietnamese representative mission shall decide to re-grant the passport and notify results to the applicant.

- In case of grant of a passport to a child separately from the passport of his/her parent, after granting a passport to this child, the Vietnamese representative mission shall put a remark in Vietnamese and English in page 6, 7 or 8 of the parent’s passport as follows: “To delete the name of the child from page 4 of this passport.”

- In case of re-grant of a passport in replacement of a damaged one, renewal of a valid passport, or separation of an accompanied child from his/her parent’s passport, after granting a new passport, the Vietnamese representative mission shall duplicate the personal information page in the old passport for filing and perforate the old passport (on the lower right side of the passport, from the pages 1 thru 24, except pages stuck with the valid visa or residence permit granted by a foreign authority) and return it to the applicant.

- In case the dossier is incomplete for passport re-grant, the Vietnamese representative mission shall request the applicant to clearly declare his/her personal identity details and request the Immigration Department or the Vietnamese representative mission which has granted the passport to conduct verification. The time limit for the passport-granting agency to reply or the time limit for the Vietnamese representative mission to notify the applicant complies with Point b, Clause 1, Article 2, which is amended

and supplemented in this Circular.”

4. To amend and supplement Point a, Clause 3, Article 2 as follows:

“a/ A set of dossier specified at Point a, Clause 1, Article 2, which is amended and supplemented in this Circular, and the following papers:

-           In case of request for modification of the name, date of birth, place of birth, sex or ID number, the applicant shall submit a true copy of the paper evidencing the modification. For a photocopy, the original must be produced for comparison.

-           In case of request for addition of an under-9 child to the Vietnamese passport of his/her father or mother, the dossier complies with Point a, Clause 3, Article 2, Which is amended and supplemented in 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 father or mother if he/she has Vietnamese nationality.”

5.       To add Clause 5 to Article 2 as follows:

“5. An applicant for re-grant of his/her sport or addition of his/her child to his/her passport that wishes to receive results by post or authorizes another person to receive results, shall:

-           Clearly fill in the declaration form (Form X02) and pay postage in accordance with the host country’s regulations on post in case of receiving the results by post.

-           In case of authorizing another person to receive results, the authorized person shall, upon receiving the passport, produce his/her personal paper identify and submit the dossier receipt and the power of attorney.”

6.   To amend and supplement Article 3 as follows:

“Article 3. Validity of passports

1.   Passports granted to citizens aged full 14 years or older are valid for up to 10 years from the date of grant and inextensible.

2.   Passports separately granted to under- 14 children or commonly granted to under-9 children and their parents’ are valid for 5 years from the date of grant and inextensible.

3.   In case of addition of an under-9 child to his/her parent’s passport which is valid for 5 years, the validity of the parents passport may be extended for 5 years from the date of adding the child.”

7.   To amend and supplement Points a and 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 countries and are forced to repatriate or wish to return to Vietnam but have no valid passport:

-           A set of dossier specified at Point a, Clause 1, Article 2, which is amended and supplemented in this Circular and the following papers:

+ A true copy of the paper used as a basis for the grant of a laissez-passer prescribed in Clause 3, Article 1, which is amended and supplemented in this Circular. For a photocopy, the original must be produced for comparison;

+ The expired passport or a report on loss of the passport. In case of voluntary return to Vietnam, the report on loss of the passport must be certified by the host country’s authority;

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

-           Handling of dossiers by Vietnamese representative missions:

+ Within 5 working days after receiving a complete and valid dossier, the Vietnamese representative mission shall decide to grant a laissez-passer and notify results to the applicant.

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

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

-    A dossier of application comprises:

+Two 4 cm x 6 cm white-background photos, recently taken with straight-looking face, bare head and without glasses, of the Vietnamese citizen subject to expulsion. The interested person’s declaration is not required;

+ The effective expulsion decision issued by a competent agency of the host country.

-    The handling of dossiers by Vietnamese representative missions:

+ The Vietnamese representative mission shall send to the Immigration Department of the Ministry of Public Security a request for verification of personal identity details of the person subject to expulsion and information on the expulsion decision issued by the host country. 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 grant a laissez-passer to the applicant only after obtaining the approval of the Immigration Department of the Ministry of Public Security.”

8. To add Article 5a as follows:

“Article 5a. Grant of personnel certification paper

a/ A set of dossier of application comprises:

-    An application for grant a personnel certification paper, made according to Form X03 promulgated together with this Circular;

-    Two 4 cm x 6 cm white-background photos, recently taken with straight-looking face, bare head and without color glasses of the overseas Vietnamese citizen;

-    A copy of the paper evidencing the relationship between the applicant and his/her oversea relative. For a photocopy, the o must be produced for comparison.

b/ Applicants and places of dossier submission

-    Domestic Vietnamese citizens (grandfather, grandmother, father, mother, wife husband, offspring, brother, sister, aunt, arid uncle) who request personnel certification for their relatives being Vietnamese citizens abroad for carrying out procedures for grant of passports or laissez-passers.

-    Applicants for grant of personnel certification papers may submit their dossiers to the Immigration Department or Immigration Divisions of provincial-level Police Departments

c/ The handling of dossiers by Vietnamese representative missions:

-    In case of a dossier submitted to the Immigration Division of provincial-level Police Department:

+ Within 25 working days after receiving a complete and valid dossier, the Immigration Division of the provincial-level Police Department shall verify and forward the dossier to the Immigration Department.

+ Within 5 working days after receiviang a dossier from the Immigration Division of the provincial-level Police Department, the Immigration Department shall consider to grant a personnel certification paper and send it to the Immigration Division of provincial- level Police Departments for delivery to the applicant, and concurrently notify such to the Vietnamese representative mission at the applicant’s request.

- In case of a dossier submitted to the Immigration Department:

Within 30 working days after receiving a complete and valid dossier, the Immigration Department shall direct verification, consider to grant personnel certification paper, notify results to the applicant and notify such to the overseas Vietnamese representative mission at the applicant’s request.

d/ A personnel certification paper is valid for 12 ninths from the date of grant and inextensible.”

9. To annul Point b, Clause 1, Article 6.

Article 2. Effect

This Joint Circular takes effect on October 5, 2013;

For the Minister of Foreign Affairs

Deputy Minister

NGUYEN THANH SON

For the Minister of Public Security

Deputy Minister

Lieutenant General TO LAM

(All the forms mentioned in this Joint Circular are not translated).-