Nghị định 65/2012/NĐ-CP sửa đổi Nghị định 136/2007/NĐ-CP về xuất, nhập cảnh của công dân Việt Nam

DECREE

ON AMENDMENTS AND SUPPLEMENTS TO A NUMBER OF ARTICLES OF DECREE NO.136/2007/ND-CP OF AUGUST 17, 2007 ON EXIT FROM AND ENTRY INTO OF VIETNAMESE CITIZENS

Pursuant to the Law on Organization of the Government dated December 25, 2001;

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

Pursuant to the Resolution No.50/NQ-CP dated December 10, 2010 of the Government on the simplification of administrative procedures within the scope of management functions of the Ministry of Foreign Affairs;

Pursuant to the Resolution No.45/NQ-CP dated November 16, 2010 of the Government on the simplification of administrative procedures within the scope of management functions of the Ministry of Transport;

At the proposal of the Minister of Public Security;

The Government issues Decree amending and supplementing a number of Articles of the Decree No.136/2007/ND-CP of August 17, 2007 on the exit from and entry into of Vietnamese citizens (hereinafter referred to as Decree No.136/2007/ND-CP),

Article 1. To amend and supplement a number of Articles of the Decree No.136/2007/ND-CP

1. Clause 2 of Article 4 of the valid term of exit and entry papers is amended and supplemented as follows:

a) To amend and supplement Point a, Clause 2, as follows:

"National Passport:

- Diplomatic passports and official passports are valid for not more than 5 years from the date of issue. Diplomatic or official passports which are still valid for less than 06 months may be extended once for not more than 3 years. Upon expiration, it must be conducted renewal procedures.

- Ordinary passport is valid for not more than 10 years from the date of issue and cannot be extended. Ordinary passport which are still valid shall be re-granted, Upon expiration, it must be conducted renewal procedures.

- The valid term of the national passport granted for children under 14 years old or granted for citizens with children under 9 years old shall comply with the provisions of clause 2 of Article 1 of this Decree."

b) To amend and supplement Point b, Clause 2 as follows:

"b. Other papers:

...

- Crewmember passports are valid for not more than 10 years from the date of issue and cannot be extended. Crewmember passports which are still valid shall be re-granted, Upon expiration, it must be conducted renewal procedures.”

2. Article 5 of the exit and entry papers is amended and supplemented as follows:

"Article 5.

1. Exit and entry papers are granted separately to each citizen.

2. Ordinary passports granted to under-14 children are valid for not more than 5 years from the date of issue and shall not be extended.

3. Under-9 children may share ordinary passports with their fathers or mothers if so requested by their fathers or mothers. In this case, passports are valid for not more than 5 years from the date of issue and these passports are inextensible.

4. Diplomatic passports issued to under-18 children of the persons specified in clause 9 of Article 6 of the Decree No.136/2007/ND-CP and official passports issued for under-18 children of the staffs of Vietnam representative bodies in foreign country, news reporters and Vietnam's state media residing in foreign countries specified in clause 4 of Article 1 of this Decree are valid from 1 to 5 years from the date of issue until the children are enough 18 years old and these passports are inextensible.

5. Diplomatic passports, official passports are not issued to officials and public servants, officers, professional soldiers of the People's Army and the People's Public Security sent to study abroad for a period of more than 6 months."

3. Article 6 of the subjects to diplomatic passports is amended, supplemented as follows:

a) To add clause 1 as follows:

"1. Of Communist Party of Vietnam:

...

- Assistant Commissioner of the Politburo."

b) To amend and supplement Clause 4 as follows:

"4. Of the Government:

...

- The General Director and equivalent level (with position coefficients of 1.25 or more); officers with ranks of Major General, Navy admiral or higher serving in the Army and Public Security."

4. Article 7 of the subjects to official passports is amended, supplemented as follows:

"Article 7. Official passports are issued for Vietnamese citizens of the following cases, which are sent or allowed to go abroad by the competent authorities provided for in clause 9 of Article 1 of this Decree to perform the tasks of the agencies’ functions:

1. Officials and public servants in the staff, received wages from the state budget or guaranteed from salary fund of the public service providing units in accordance with the law provisions, working in the following agencies, organizations and units:

a) Of the Communist Party of Vietnam:

- Secretariat of the Party Central Committee;

- Boards under the Party Central Committee;

- Office of the Party Central Committee;

- Provincial Party Committee, City Party Committee under the Party Central Committee; Rural District Party Committee, Urban District Party Committee, Town Party Committee, City Party Committee under province.

b) Of the National Assembly:

- National Assembly Standing Committee;

- National Council of the National Assembly;

- The Committees of the National Assembly;

- The Boards, Institutes of the National Assembly Standing Committee;

- Office of the National Assembly;

- State Audit.

c) Office of the National President.

d) Of the Government:

The ministries, ministerial-level agencies, the Governmental agencies and other organizations established by the Government, the Prime Minister.

đ) People's courts at all levels (central, provincial and district levels),

e) People's Procuracy at all levels (central, provincial and district levels).

g) Of the local state agencies:

- Office of the representative delegation of the National Assembly;

- People's Councils at provincial and district levels;

- People's Committees at provincial and district levels.

h) Public servants in the agencies, units of the People's Army and the People's Public Security.

i) Public servants in the agencies of the socio-political organizations at the central, provincial and district levels:

- Central Committee of the Vietnam Fatherland Front;

Vietnam General Confederation of Labor;

Vietnam Farmers Association;

- Central Ho Chi Minh Communist Youth Union;

- Vietnamese Women's Union;

- Vietnam Veterans Association.

k) Public servants in leadership and management apparatus of public service providing units:

- The heads, deputy heads, who hold management positions of department level (board, faculty) in the organizations established and managed by the competent authorities of the Party and State agencies and socio-political organizations in accordance with the law provisions, with legal status, seals, accounts, operating in the fields of education, training, health, scientific research, culture, physical education, sports, tourism, labor, war invalids and social affairs, information and communication and other career fields prescribed by law;

- The heads and deputy heads; persons holding positions as heads and deputy heads of the public service providing units of the Politburo, the Secretariat, the Standing Committee of the National Assembly, the Government;

- The heads and deputy heads of the public service providing units funded by the state budget for operation to be of the departments and the equivalent bodies of the Party Central Committee, the Office of the national President, Office of the National Assembly, the State Audit, the Supreme People's Court, the Supreme People's Procuracy, the central bodies of socio-political organizations, ministries, ministerial-level agencies, the Governmental agencies, the Prime Minister;

- The heads of the public service providing units funded by the state budget for operation to be of the General Department, Department and the equivalent level under the ministries, ministerial-level agencies; Provincial Party Committee, City Party Committee; provincial-level People's Committees; socio-political organizations at provincial level; Rural District Party Committee, Urban District Party Committee, City Party Committee, City Party Committee of province; specialized agencies of the provincial-level People's Committees, the specialized agencies of the district-level People's Committees;

- People holding the job positions associated with the task of state management in the public service providing units assigned the task of state management.

2. Officers and professional soldiers of the People's Army and the People's Public Security.

3. Staffs of representative agencies of Vietnam in foreign countries (defined by the Law on the representative agencies of the Socialist Republic of Vietnam in foreign countries); news reporters and Vietnamese state press residing abroad.

4. Spouse, under-18 children of the persons mentioned in clause 3 of this Article following or visiting these persons during the work term.

5. In the necessary cases, based on the requirements and the nature of the trip, the Minister of Foreign Affairs shall issue official passports under the direction of the Prime Minister or review for decision on issuing official passports at request of the competent agencies of Vietnam as stipulated in clause 9 of Article 1 of this Decree for those who are not subject to the provisions of Clauses 1 to clause 4 of this Article."

5. Article 14 of the dossier requesting for issue of diplomatic passports, official passports shall be amended and supplemented as follows:

"Article 14

1. Vietnamese citizens living domestically who are subjects to the diplomatic passports, official passports provided for in Article 6 of the Decree No.136/2007/ND-CP and Clause 3 and 4 of Article 1 of this Decree, when applying for diplomatic passports, official passports, submit 01 set of dossier at the Consular Department or Ho Chi Minh City's Department of Foreign Affairs (Ministry of Foreign Affairs) or at the offices of Foreign Affairs of the provinces and cities directly under the Central government as prescribed by the Ministry of Foreign Affairs. The dossier comprises:

- The declaration requesting for a diplomatic passport, official passport (according to prescribed form).

- Document (according to prescribed form) of the competent authority referred to in clause 9 of Article 1 of this Decree on sending or allowing to go abroad, which clearly states that officials, public servants and officers of the State staff, received wages from the state budget or salary fund of public service providing units in accordance with the law provisions.

- In case those who request for passports subject to cases of following or visiting referred to in clause 11 of Article 6 of the Decree No.136/2007/ND-CP and Clause 4 of Article 1 of this Decree, in addition to the declaration and proof subject to the cases of following or visiting, it should submit additionally a written decision or opinion of the competent authority where they are working (if any) and a written decision or opinion of the Ministry of Foreign Affairs.

If the applicants are under-18 children as prescribed in clause 2 of Article 1 of this Decree, they should submit additionally a copy of birth certificate and a copy of identity card (for the case of enough 14 years old or older). If the above documents are copies, they must present the originals for inspection and comparison.

2. When filing dossier, the passport applicant shall pay fee as prescribed by the Ministry of Finance.

3. Time limit for consideration of passport issue: agencies issuing diplomatic passports, official passports return results to the applicants for a period of not more than 5 working days from the date of receiving complete dossier. In case of refusal, issuing written reply to the applicants, stating clearly the reasons."

6. Article 15 of method to apply for ordinary passports is amended, supplemented as follows:

a) To supplement point c Clause 1 of place to apply dossier through entrustment as follows:

"c) Entrust the agencies, organizations and enterprises with legal entity status to directly file dossier and get results at the Exit and Entry Administration of Public Security of the provinces and cities directly under the central government where they permanently reside or Exit and Entry Administration of Ministry of Public Security. The entrustment shall comply with the provisions of the Ministry of Public Security."

b) To amend Point a, Clause 3 of dossier requesting for domestic ordinary passports as follows:

"3. Dossier requesting for passport (01 set):

a) In case of direct application for, as specified at Points a and c, Clause 1, Article 15 of the Decree No.136/2007/ND-CP. The dossier comprises:

- The declaration requesting for a ordinary passport (according to prescribed form).

For under-14 children, parents or guardian of the children shall declare and sign in the declaration; if father or mother needs for under-9 children to share passport, then declares in the same declaration.

- A copy of the birth certificate of under-14 child.

When filing dossier, it must provide valid identity card of the passport applicant for inspection and comparison."

7. Clause 1 of Article 16 of the dossiers requesting for ordinary passports for under-14 children living in foreign countries shall be amended as follows:

"...

if father or mother needs for under-9 children to share passport, then declares in the same declaration requesting for ordinary passports. "

8. Clause 1 and Clause 2 of Article 29 of the responsibilities of the Ministry of Transport is amended as follows:

"1. Guide the procedures, order to grant, modify passports of crewmembers.

2. To grant, amend passports of crewmembers; inform the Ministry of Public Security the list of personnel who have been granted, modified passports of crewmembers right after the grant and a list of personnel who reported their passports of crewmembers lost.

... "

9. Article 32 of the competent authority to send or allow officials, civil servants to go abroad is amended and supplemented as follows:

"Article 32.

1. Authorities competent to appoint the persons subject to diplomatic passports, official passports referred to in Article 6 of the Decree No.136/2007/ND-CP and Clause 3, Clause 4, Article 1 of this Decree include:

a) Of the Communist Party of Vietnam:

Politburo of the Party Central Committee;

- Secretariat of the Party Central Committee;

- The boards of the Party Central Committee;

- Office of the Party Central Committee;

- Provincial Party Committee, City Party Committee directly under the Central level.

b) Of the National Assembly:

- National Assembly Standing Committee;

- National Council of the National Assembly;

- The Committees of the National Assembly;

- The Boards, Institutes of the National Assembly Standing Committee;

- Office of the National Assembly;

- State Audit.

c) Office of the National President.

d) Of the Government:

- The Prime Minister;

- Ministries, ministerial-level agencies, the Governmental agencies and other organizations established by the Government, the Prime Minister.

đ) Supreme People's courts,

e) Supreme People's Procuracy.

g) Of the local state agencies:

- People's Councils of provinces and cities directly under the Central government;

- People's Committees provinces and cities directly under the Central government.

h) Of the socio-political organizations at the central level:

- Central Committee of the Vietnam Fatherland Front;

- Vietnam General Confederation of Labor;

- Vietnamese Women's Union;

- Central Ho Chi Minh Communist Youth Union;

- Vietnam Farmers Association;

- Vietnam Veterans Association.

2. Heads of ministries, ministerial-level agencies, the Governmental agencies and other public service providing organizations established by the Government, Chairmen of the People's Committees of provinces and cities directly under the Central Government may authorize their subordinate units in sending or allowing officials and public servants to go abroad.

3. The heads of the competent authorities referred to in clause 1 of this Article are responsible for promulgating the regulations on management of overseas-going of officials and public servants under their management.

4. Personnel under the management of the Central Execution Committee of the Party shall comply with the relevant regulations."

Article 2. Effect

This Decree takes effect from November 10, 2012.

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