Decree No.1362007NĐCP on exit and entry of Vietnamese citizens

GOVERNMENT

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

No. 136-2007-ND-CP
Hanoi, 17 August 2007

DECREE
ON
EXIT AND ENTRY OF VIETNAMESE CITIZENS

The Government
Pursuant to the Law on Organization of the Government dated 25 December 2001;
Having considered the proposal of the Minister of Police;

Decrees:

CHAPTER I
General Provisions
Article 1
This Decree regulates the exit and entry of Vietnamese citizens.
Article 2
Vietnamese citizens shall be issued with national passports or other appropriate documents for exit and
entry in accordance with this Decree and international treaties of which Vietnam is a member.
Article 3
1.

A Vietnamese citizen who possesses a national passport as stipulated in article 4.1(a) of this Decree
may exit and enter at the border gates of Vietnam. If an international treaty of which Vietnam is a
member contains different provisions, then such provisions shall apply.

2.

A Vietnamese citizen who possesses another document as stipulated in article 4.1(b) of this Decree
may exit and enter at the border gates of Vietnam pursuant to the provisions applicable to such
document and the provisions of international treaties of which Vietnam is a member.

3.

A Vietnamese citizen who possesses a document valid for exit and entry which is issued by an
authorized Vietnamese body may exit or enter Vietnam without a visa.

© Allens Arthur Robinson - Vietnam Laws Online Database on www.vietnamlaws.com

1


CHAPTER II
Provisions on Documents Valid for Exit from and Entry into Vietnam
Article 4
1.

The following documents shall be issued to Vietnamese citizens for exit and entry:
(a)

(b)

2.

(b)

National passports comprising:
-

Diplomatic passports;

-

Service passports;

-

Ordinary passports.

Other documents comprising:
-

Ships' crew passports;

-

Border permits;

-

Exit and entry permits;

-

Repatriation permits;

-

Travel permits.

The period of validity of documents valid for exit and entry shall be as follows:
(a)

National passports:

-

Diplomatic passports and service passports shall be valid for a maximum of five years from the
date of issue. Diplomatic passports and service passports may be extended once for a period
of up to three years, and extension must be conducted at least thirty days prior to expiry of the
passport.

-

Ordinary passports shall be valid for a maximum of ten years from the date of issue and may
not be extended.

-

The period of validity of national passports issued to children under fourteen (14) years of age
or to citizens accompanied by children under fourteen (14) years of age shall be as stipulated
in article 5 of this Decree.

Other documents:
-

Border permits, exit and entry permits, and repatriation permits shall be valid for a maximum of
twelve (12) months from the date of issue and may not be extended.

-

Travel permits shall be valid for a maximum of six (6) months from the date of issue and may
not be extended.

© Allens Arthur Robinson - Vietnam Laws Online Database on www.vietnamlaws.com

2


-

3.

Ships' crew passports shall be valid for a maximum of five years from the date of issue. Ships'
crew passports may be extended once for a period of up to three years, and extension must
be conducted at least thirty days prior to expiry of the passport.

National passports are property of the State of the Socialist Republic of Vietnam.
National passports may be used in place of people’s identity cards.
Ordinary passports issued within Vietnam and ordinary passports issued overseas shall have similar
form and contents, but shall contain different symbols in order to facilitate administration.

Article 5
1.

A separate document valid for exit and entry shall be issued to each citizen.

2.

National passports issued to children under fourteen (14) years of age shall be valid for a maximum
of five years from the date of issue and up to the date on which such child turns fourteen (14) years
of age, and may not be extended.

3.

A child under fourteen (14) years of age may be included in the national passport of his or her father
or mother on the request of the father or mother. In this case the passport shall be valid for a
maximum of five years from the date of issue and up to the date on which such child turns fourteen
(14) years of age, and may not be extended.

Article 6
Diplomatic passports shall be issued to Vietnamese citizens within the following categories who are
appointed by, or who are named in a decision by an authorized Vietnamese body as stipulated in article
32.1 of this Decree to go abroad, appropriate for the nature of such trip:
1.

The Communist Party of Vietnam:
•

The Party General Secretary, members of the Politburo, the Central Party Secretary, members
of the Party Central Executive Committee, and alternate members of the Party Central
Executive Committee.

•

Former General Secretaries, former members of the Politburo and former Central Party
Secretaries.

•

The Head, Deputies and members of the Central Party Inspection Commission.

•

Secretaries and Deputy Secretaries of provincial or municipal Party committees of provinces
and cities under central authority.

•

The Head and Deputy Heads of committees under the Party Central Executive Committee; the
Head and Deputy Heads of the Office of the Central Party.

•

The Director and Deputy Directors of the Ho Chi Minh National Political Academy; the EditorIn-Chief and Deputy Editors of Nhan Dan newspaper, of the Party Magazine, and of the Party
website; the Chairman and Deputy Chairmen of the Central Council for Theory.

© Allens Arthur Robinson - Vietnam Laws Online Database on www.vietnamlaws.com

3


2.

3.

4.

•

The Secretary and Deputy Secretaries of the Committee for Central Bodies and of the
Committee for Central Enterprises.

•

Special envoys, assistants and secretaries to the General Secretary of the Party Central
Executive Committee.

The National Assembly:
•

The Chairman and Vice-Chairmen of the National Assembly; members of the Standing
Committee of the National Assembly.

•

Former Chairmen and former Vice-Chairmen of the National Assembly.

•

The Chairman and Vice-Chairmen of the Council of Ethnic Nationalities of the National
Assembly.

•

Heads and Deputy Heads of Committees of the National Assembly; the Director and Deputy
Directors of the Office of the National Assembly.

•

Heads and Deputy Heads of Committees of the Standing Committee of the National Assembly;
the Director and Deputy Directors of the Office of the National Assembly.

•

National Assembly Delegates;

•

Assistants and secretaries to the Chairman of the National Assembly.

The State President:
•

The State President and the State Vice-President.

•

Former State Presidents and State Vice-Presidents.

•

The Head and Deputies of the Office of the State President.

•

Special envoys, assistants and secretaries to the State President.

The Government:
•

The Prime Minister and Deputy Prime Ministers of the Government; former Prime Ministers
and Deputy Prime Ministers of the Government.

•

Ministers, heads of ministerial equivalent bodies and of Government bodies; deputy ministers
and deputies of ministerial equivalent bodies and Government bodies.

•

General Directors and Deputy General Directors of General Departments and equivalent levels
of ministries and ministerial equivalent bodies; heads of bodies established by the Prime
Minister; political commissars and deputy political commissars; Commanders and Deputy
Commanders of general headquarters under the Ministry of Defence; commissioned officers in
the rank of Major-General, Rear Admiral or a higher rank in service in the People's Army and
the People's Police.

•

Special envoys, assistants and secretaries to the Prime Minister of the Government;
© Allens Arthur Robinson - Vietnam Laws Online Database on www.vietnamlaws.com

4

•

Chairmen, vice-chairmen and secretaries of Vietnamese sub-committees
governmental co-operation committees between Vietnam and foreign countries.

5.

The Chief Justice and Deputy Chief Justices of the Supreme People's Court.

6.

The Chief Prosecutor and Deputy Chief Prosecutors of the People's Supreme Inspectorate.

7.

State bodies in localities:

8.

of

inter-

•

Chairmen and Vice-Chairmen of people's councils of provinces and cities under central
authority;

•

Chairmen and Vice-Chairmen of people's committees of provinces and cities under central
authority.

Central mass organizations and citizen organizations:
•

The Chairman, General Secretary and standing members of the Presidium of the Central
Committee of the Vietnam Fatherland Front.

•

The Chairman and Vice-Chairmen of the General Confederation of Labour of Vietnam.

•

The Chairman and Vice-Chairmen of the Vietnam Farmers Association.

•

The Chairwoman and Vice-Chairwomen of the Vietnam Women’s Union.

•

The Chairman and Vice-Chairmen of the Vietnam Veterans Association.

•

The First Secretary and Standing Secretary of the Central Committee of the Ho Chi Minh
Communist Youth Union.

•

The Chairman of the Vietnam Confederation of Friendship Organizations.

•

The Chairman of the Vietnam Confederation of Artistic and Cultural Associations.

•

The Chairman of the Vietnam Co-Operatives’ Alliance.

•

The Chairman of the Vietnam Chamber of Industry and Commerce.

9.

Persons working in the diplomatic branch ranked in a diplomatic position or holding the position of
attaché or higher in a diplomatic representative office or standing representative delegation of
Vietnam to inter-governmental organizations, or holding the position of consul or higher in a
consulate of Vietnam overseas.

10.

Diplomatic couriers and consular couriers.

11.

Spouses of the persons covered in clauses 1 to 8 of this article, if they accompany such persons
during the business trip; and spouses and children under eighteen years of age of the persons
covered in clause 9 of this article if they accompany such persons or visit them during their term of
office.

© Allens Arthur Robinson - Vietnam Laws Online Database on www.vietnamlaws.com

5


12.

Where necessary, and depending on the requirements of external relations and State occasions or
the nature of the business trip, the Minister of Foreign Affairs shall, upon the instructions of the Prime
Minister of the Government or at the request of an authorized Vietnamese body as stipulated in
article 32.1 of this Decree, consider and make a decision to issue a diplomatic passport to a person
other than those covered in clauses 1 to 11 of this article.

Article 7
Service passports shall be issued to Vietnamese citizens within the following categories who are appointed
by an authorized Vietnamese body as stipulated in article 32.1 of this Decree to go abroad to undertake an
official duty of such body:
1.

State officials and employees as defined in the law on State officials and employees.

2.

Commissioned officers and warrant officers in the People's Army or the People's Police.

3.

Staff of Vietnamese representative offices overseas; and reporters of State owned news agencies
and newspapers permanently abroad.

4.

Spouses and children under eighteen (18) years old of the persons covered in clause 3 of this article,
if they accompany such persons or visit them during their term of office.

5.

Where necessary, and depending on the requirements and nature of the trip, the Minister of Foreign
Affairs shall, upon the instructions of the Prime Minister of the Government or at the request of an
authorized Vietnamese body as stipulated in article 32.1 of this Decree, consider and make a
decision to issue a service passport to a person other than those covered in clauses 1 to 4 of this
article.

Article 8
Ordinary passports shall be issued to all Vietnamese citizens.
Article 9
Ships' crew passports shall be issued to Vietnamese citizens being members of a ships' crew for exit and
entry on a ship or inland waterway vessel operating on international routes in accordance with regulations
of the competent body under the Ministry of Transport and Communications.
Article 10
Border permits and exit and entry permits shall be issued to Vietnamese citizens travelling to and from
countries with a common border with Vietnam, in accordance with the provisions of international treaties of
which Vietnam is a member.
Article 11
Repatriation permits shall be issued to Vietnamese citizens being Vietnamese residing overseas for entry to

return and permanently reside in Vietnam.

© Allens Arthur Robinson - Vietnam Laws Online Database on www.vietnamlaws.com

6


Article 12
Travel permits shall be issued to Vietnamese citizens not [within the definition of] Vietnamese residing
overseas for entry to return and permanently reside in Vietnam in the following cases:
1.

They are not permitted by the foreign country to live there.

2.

They must return to Vietnam at the request of a competent Vietnamese body but do not have a
national passport.

3.

They wish to return permanently to Vietnam but do not have a national passport.

Article 13
1.

The person to whom a document valid for exit and entry is issued shall be responsible for taking care
and preserving such document; shall not erase or amend the items stated in such document, and
shall not transfer such document to another person for use, or use it contrary to the law of Vietnam.

2.

The person to whom a document valid for exit and entry is issued shall be responsible for declaring
any loss of such document in accordance with the following provisions:

3.

(a)

If the person is currently in Vietnam, he or she shall immediately make a written declaration of
the loss to the authority which issued such document, or to the Division for Management of
Entry and Exit if the lost document was issued by a Vietnamese representative office
overseas. Where a diplomatic or service passport is lost, the person to whom the passport was
issued must in addition to the above, immediately declare the loss to the body which appointed
him or her to go overseas.

(b)

If the person is currently overseas, he or she shall immediately make a written declaration of
the loss to the competent authority in the foreign country and also to the nearest Vietnamese
representative office in such foreign country.

Whenever a Vietnamese body as mentioned in clause 2 of this article receives a written declaration
of loss of a document valid for exit and entry, it shall be responsible to notify the Ministry of Police
(the Division for Management of Entry and Exit) to rescind the use validity of such document. Once
the use validity of a document for exit and entry has been rescinded, it may not be restored except
for humanitarian or urgent reasons.

CHAPTER III
Provisions on Issuance of Documents Valid for Exit from and Entry into Vietnam

Article 14
1.

A Vietnamese citizen currently in Vietnam requesting issuance of a diplomatic passport or service
passport shall lodge an application file with the Consulate-Diplomatic Division or with the Diplomatic
Office in the province or city under central authority in accordance with regulations of the Ministry of
Foreign Affairs.

© Allens Arthur Robinson - Vietnam Laws Online Database on www.vietnamlaws.com

7


An application file shall comprise:
-

Declaration for issuance of a passport on the stipulated standard form.
Document from the authorized body stipulated in article 32.1 of this Decree appointing the
applicant to go abroad.
Copy birth certificate if the application is for a passport for a child under fourteen (14) years of
age.
If the application is for a passport for a spouse or child in the category stipulated in articles
6.11 or 7.4 of this Decree, then proof of accompanying or visiting the relevant Vietnamese
citizen.

If a father or mother requests his or her child under fourteen (14) years of age as stipulated in articles
6.11 or 7.4 of this Decree to accompany him or her, then the declaration for such child may be made
in a general declaration in the application of the father or mother.
2.

The body issuing diplomatic passports and service passports must respond with the results of an
application within a maximum of five business days from the date of receipt of an application file.

Article 15
1.

A Vietnamese citizen currently in Vietnam requesting issuance of an ordinary passport shall lodge an
application file with, and receive the results of the application at, a body for Management of Entry and
Exit in one of the following ways:
(a)

By directly lodging the application file with, and receiving the results of the application at, the
body for Management of Entry and Exit at the police office of the province or city under central
authority where such applicant permanently resides or is temporarily residing.

(b)

By sending the application file via the post to the body for Management of Entry and Exit at the
police office of the province or city under central authority where such applicant permanently
resides, and by receiving the results of the application via the post.

(c)

By authorizing an organization or individual with legal entity status to directly lodge the
application file with, and to receive the results of the application at, the body for Management
of Entry and Exit at the police office of the province or city under central authority where such
applicant permanently resides. Authorization must be made in accordance with regulations of
the Ministry of Police.

2.

In a case where it is necessary for a passport to be granted urgently (as decided by the Ministry of
Police), the applicant shall lodge an application file with, and receive the results of the application at,
the body for Management of Entry and Exit at the Ministry of Police.
An application file shall comprise:

3.

An application file shall comprise:
(a)

In a case of directly lodging the application file as stipulated in clauses 1(a) and 1(c) of this
article:
-

Declaration for issuance of an ordinary passport on the stipulated standard form.
The declaration for a child under fourteen (14) years of age shall be made by the parent
or sponsor of such child, who shall also sign the declaration. If the parent requests his or

© Allens Arthur Robinson - Vietnam Laws Online Database on www.vietnamlaws.com

8


her child under fourteen (14) years of age to be on the same passport as such parent,
there shall be a general declaration in the application of the father or mother
-

Copy birth certificate for a child under fourteen (14) years of age.
The applicant for an ordinary passport must present his or her people’s identity card when

lodging an application.

(b)

In a case of lodging the application file via the post as stipulated in clause 1(b) of this article:
-

Declaration for issuance of an ordinary passport on the stipulated standard form, certified
by the head of the police office of the commune or ward where the applicant is registered
for permanent residence.

-

Copy of currently valid people’s identity card.

4.

The applicant for a passport must pay fees stipulated in regulations of the Ministry of Finance. In a
case of lodging the application via the post, fees must be paid at the same time as lodging the
application, as well as post charges.

5.

Time-limit for response with the results of an application:
(a)

In a case stipulated in clause 1 of this article, the body for Management of Entry and Exit must
respond with the results of the application within a maximum of eight (8) business days from
the date of receipt of an application file.

(b)

In a case stipulated in clause 2 of this article, the body for Management of Entry and Exit must
respond with the results of the application within a maximum of five (5) business days from the
date of receipt of an application file.

6.

Heads of police offices of communes and wards where citizens reside shall be liable for their
certification on declarations made by citizens.

7.

Any organization or individual with legal entity status who is authorized by an applicant to lodge an
application file shall be liable to ensure accurate comparison between the applicant with the people’s
identity card and declaration which such applicant provides.

Article 16
1.

A Vietnamese citizen currently overseas requesting issuance of an ordinary passport shall lodge an
application file with the Vietnamese representative office overseas.

2.

An application file shall comprise:
-

Declaration for issuance of a passport on the stipulated standard form.
Document proving Vietnamese nationality.

Copy birth certificate if the application is for a passport for a child under fourteen (14) years of
age.

If a father or mother requests his or her child under fourteen (14) years of age to be on such parent’s
passport, then the declaration for such child shall be made in a general declaration in the application
of the father or mother.

© Allens Arthur Robinson - Vietnam Laws Online Database on www.vietnamlaws.com

9


2.

The Vietnamese representative office overseas must respond with the results of an application within
a maximum of five (5) business days from the date of receipt of an application file.

Article 17
The order and procedures for issuance of ships' crew passports shall be as stipulated in regulations of the
Ministry of Transport and Communications.
Article 18
The order and procedures for issuance of border permits and for exit and entry permits shall be as
stipulated in regulations of the Ministry of Police, consistent with the provisions of international treaties of
which Vietnam is a member.
Article 19
The order and procedures for issuance of repatriation permits for Vietnamese citizens residing overseas to
return and permanently reside in Vietnam shall be as stipulated in regulations of the Ministry of Police and
the Ministry of Foreign Affairs.
Article 20
The order and procedures for issuance of travel permits for Vietnamese citizens not residing overseas to

return and permanently reside in Vietnam shall be as stipulated in regulations of the Ministry of Police.

CHAPTER IV
Provisions on Persons Not Permitted to Exit, and Not Permitted to be Granted a Document Valid for
Exit from and Entry into Vietnam1
Article 21
A Vietnamese citizen currently in Vietnam shall not be permitted to exit Vietnam in any of the following
cases:
1.

Such person is being prosecuted for criminal liability, or is relevant to a criminal investigation.

2.

Such person is obliged to serve a criminal sentence.

3.

Such person is obliged to comply with a civil or economic judgment; or is awaiting resolution of a civil
or economic dispute.

4.

Such person is obliged to comply with a decision on an administrative penalty, liable to perform a tax
obligation or to discharge another financial obligation, except where such person has made a deposit
of money or assets or provided another form of security for performance of such obligation.

5.

For reasons of prevention of a disease with a danger of contagion.

1

Allens Arthur Robinson Note: The literal translation throughout this Chapter is “persons not yet permitted to exit or to be
granted a [passport]”, and carries the meaning that such persons may be permitted to exit and qualify for a passport in the
future.
© Allens Arthur Robinson - Vietnam Laws Online Database on www.vietnamlaws.com

10


6.

For reasons of protection of national security and social order and safety.

7.

Such person has conducted an administrative breach on exit and entry pursuant to regulations of the
Government.

Article 22
1.

Authority to issue a decision not yet permitting a Vietnamese citizen to exit Vietnam shall be
regulated as follows:
(a)

All level investigating bodies, prosecutors, courts and enforcement agencies shall have
authority to issue a decision not yet permitting exit from Vietnam of the people specified in
clauses 1, 2 and 3 of article 21 of this Decree.

(b)

Ministers, heads of ministerial equivalent bodies and Government bodies, and chairmen of
people's committees of provinces and cities under central authority shall have authority to
issue a decision not yet permitting exit from Vietnam of the people specified in clause 4 of
article 21 of this Decree.

(c)

The Minister of Health shall have authority to issue a decision not yet permitting exit from
Vietnam of a Vietnamese citizen in the case specified in clause 5 of article 21 of this Decree.

(d)

The Minister of Police shall have authority to issue a decision not yet permitting exit from
Vietnam of a Vietnamese citizen in the case specified in clause 6 of article 21 of this Decree.

(dd)

The head of a body for Management of Entry and Exit of the Ministry of Police shall have
authority to issue a decision not yet permitting exit from Vietnam of a Vietnamese citizen in the
case specified in clause 7 of article 21 of this Decree.

2.

Any Vietnamese body as authorized in sub-clauses (a), (b), (c) or (d) of clause 1 of this article which
issues a decision not yet permitting exit from Vietnam of a Vietnamese citizen must send written
notice thereof to the Division for Management of Entry and Exit under the Ministry of Police
specifying the personal details of the person concerned and the period for which such person is not

permitted to exit Vietnam. On rescission of such decision, the authorized body must also send written
notice thereof to the Division for Management of Entry and Exit under the Ministry of Police for
implementation.

3.

Any Vietnamese body which issues a decision not yet permitting exit from Vietnam of a Vietnamese
citizen must send written notice thereof to such person, except in a case of maintaining secrecy for
the work of a criminal investigation and for security reasons.

4.

Any [authorized] person who issues a decision not yet permitting exit from Vietnam of a Vietnamese
citizen shall be legally liable for such decision.

Article 23
A diplomatic representative office of Vietnam overseas shall not issue a Vietnamese citizen who is currently
overseas with a document valid for exit and entry in either of the following cases:
1.

Such person does not have a document proving Vietnamese nationality.

© Allens Arthur Robinson - Vietnam Laws Online Database on www.vietnamlaws.com

11


2.

For reasons of protection of national security and social order and safety, pursuant to a decision of

the Minister of Police.

Article 24
Any person in the categories stipulated in articles 21 and 23 of this Decree shall not yet be permitted to be
granted a document valid for exit from and entry into Vietnam, and if such person has already been granted
such document then the Division for Management of Entry and Exit under the Ministry of Police shall
rescind its use validity.
Article 25
Any body, organization or individual who discovers that a person in the categories stipulated in articles 21
and 23 of this Decree already has a passport or other document valid for exit and entry, or is in the process
of conducting procedures for the grant of such document, shall be responsible to forward a notice plus
detailed evidence to an authorized body as stipulated in article 22 of this Decree for the latter to issue a
decision not yet permitting the grant of a passport or other document valid for exit and entry, or preventing
such person from exiting Vietnam.
Article 26
1.

The Ministry of Police shall uniformly administer the list of citizens not yet permitted to exit Vietnam
pursuant to article 21 of this Decree and the list of citizens not yet permitted to be granted a
document valid for exit from and entry into Vietnam pursuant to article 23 of this Decree.

2.

In special cases the Minister of Police may issue a decision allowing exit from Vietnam of a person in
the category stipulated in article 21 of this Decree.

CHAPTER V
Provisions on Responsibilities and Powers of Relevant Bodies
Article 27
The Ministry of Police shall be the body assisting the Government in State administration of the exit and

entry of Vietnamese citizens, and shall have the following responsibilities:
1.

To preside over co-ordination with relevant ministries and branches to draft and promulgate, or
submit to the Government or for the Government to in turn submit to the National Assembly or the
Standing Committee of the National Assembly to promulgate, policies and legal instruments in the
sector of the exit and entry of Vietnamese citizens.

2.

To issue and amend ordinary passports, border permits, and exit and entry permits to Vietnamese
citizens currently in Vietnam; and travel permits to Vietnamese citizens for entry to return to Vietnam
when they are not permitted by the foreign country to live there.

3.

To issue standard forms for documents valid for exit and entry and other necessary standard forms
after consulting the relevant ministries and branches; and to print the standard forms for documents
valid for exit and entry, and distribute them to the issuing bodies.

4.

To revoke and rescind the use validity of documents for exit and entry, and to restore use validity
pursuant to clause 3 of article 13 of this Decree.
© Allens Arthur Robinson - Vietnam Laws Online Database on www.vietnamlaws.com

12


5.

To control and verify documents valid for exit and entry of Vietnamese citizens exiting and entering
through border gates; and to guide border guards under the Ministry of Defence on the order and
procedures for controlling and verifying documents valid for exit and entry.

6.

To deal with breaches of the regulations on exit and entry by individuals and organizations; and to
guide relevant bodies on methods of detecting false documents.

7.

To carry out international co-operation on exit and entry in respect of Vietnamese citizens; to preside
over co-ordination in receiving Vietnamese returning to Vietnam when they are not permitted by the
foreign country to live there.

8.

To gather statistics on exit and entry of Vietnamese citizens; and to build a co-ordinated regime to
ensure uniform State administration of the exit and entry of Vietnamese citizens.

Article 28
The Ministry of Foreign Affairs shall be responsible:
1.

To guide the procedures for issuing, extending and amending diplomatic passports and service
passports.

2.

To issue, extend and amend within Vietnam, diplomatic passports and service passports, and to
provide the Ministry of Police with lists of persons issued with diplomatic passports and service
passports.

3.

To provide the Ministry of Police with lists of persons whose diplomatic passports and service
passports have been lost.

4.

To co-ordinate with the Ministry of Police to restore use validity of diplomatic passports and service
passports pursuant to clause 3 of article 13 of this Decree.

5.

To provide the Ministry of Police with information on breaches of the regulations on issuance and use
of diplomatic passports and service passports in order for the Ministry of Police to deal with such
breaches.

6.

To preside over co-ordination with the Ministry of Police in negotiating and acceding to international
treaties on the exit and entry of Vietnamese citizens, in accordance with regulations of the
Government.

Article 29
The Ministry of Transport and Communications shall be responsible:
1.

To guide the procedures for issuing, extending and amending ships' crew passports.

2.

To issue, extend and amend ships' crew passports, and to provide the Ministry of Police with lists of
persons issued with ships' crew passports and lists of persons who have declared the loss of their
ships' crew passports.

3.

To provide the Ministry of Police with information on breaches of the regulations on issuance and use
of ships' crew passports in order for the Ministry of Police to deal with such breaches.

© Allens Arthur Robinson - Vietnam Laws Online Database on www.vietnamlaws.com

13


Article 30
The Ministry of Defence (the Border Guard) shall be responsible:
1.

To control and verify passports and documents valid for exit and entry of Vietnamese citizens exiting
and entering through border gates controlled by the Border Guard.

2.

To provide the Ministry of Police with updated lists of Vietnamese citizens exiting and entering
through border gates controlled by the Border Guard.

3.

To exchange information with the Ministry of Police on the status and results of dealing with
breaches by organizations and individuals of the regulations on exit and entry by Vietnamese citizens
at border gates controlled by the Border Guard; and to promptly exchange information with the
Ministry of Police and to co-ordinate on providing instructions on dealing with any serious breaches
and any breaches involving a foreign element.

Article 31
Vietnamese representative offices overseas shall be responsible:
1.

To issue, extend and amend diplomatic passports and service passports pursuant to notices from the
Ministry of Foreign Affairs.

2.

To issue and amend ordinary passports pursuant to guidelines of the Ministry of Police and the
Ministry of Foreign Affairs.

3.

To issue repatriation permits and travel permits pursuant to notices from the Ministry of Police.

4.

To provide the Ministry of Police with lists of persons to whom documents valid for exit and entry
have been issued; and to provide the Ministry of Police with lists of persons who have declared their
documents have been lost.

Article 32
1.

The following bodies shall have authority to appoint persons stipulated in articles 6 and 7 of this
Decree to go abroad:
(a)

In the Communist Party of Vietnam:

-

The Central Party Politburo.
The Central Party Secretariat.
Committees of the Central Party.
The Office of the Central Party.
Provincial and municipal Party Committees.

(b)

In the National Assembly:

-

The Standing Committee of the National Assembly.
The Council of Ethnic Nationalities of the National Assembly.
Committees of the National Assembly.
Committees of the Standing Committee of the National Assembly.
The Office of the National Assembly.

© Allens Arthur Robinson - Vietnam Laws Online Database on www.vietnamlaws.com

14


(c)

The Office of the State President.

(d)

In the Government:

-

The Prime Minister of the Government.
Ministries, ministerial equivalent bodies and Government bodies.

(dd)

The Supreme People's Court.

(e)

The People's Supreme Inspectorate.

(g)

In State bodies of localities:

-

People's councils of provinces and cities under central authority.
People's committees of provinces and cities under central authority.

(h)

In central mass organizations and citizen organizations:

-

The Central Committee of the Vietnam Fatherland Front.
The General Confederation of Labour of Vietnam.
The Vietnam Women’s Union.
The Central Committee of the Ho Chi Minh Communist Youth Union.
The Vietnam Farmers Association.
The Vietnam Veterans Association.
The Vietnam Confederation of Friendship Organizations.
The Vietnam Confederation of Artistic and Cultural Associations.
The Vietnam Confederation of Scientific and Technical Associations.
The Vietnam Co-Operatives’ Alliance.
The Vietnam Chamber of Industry and Commerce.

2.

Ministers, heads of ministerial equivalent bodies and of Government bodies, and chairmen of
people's councils of provinces and cities under central authority may delegate their subsidiary units to
appoint people to go abroad.

3.

Heads of the authorized bodies as stipulated in clause 1 of this article shall issue Rules on
management of trips abroad of the people they are responsible to manage.

CHAPTER VI
Implementing Provisions
Article 33
1.

Any organization or individual who acts in breach of this Decree shall, depending on the nature and
seriousness of the breach, be subject to an administrative penalty or criminal prosecution.

2.

A Vietnamese citizen shall have the right to lodge a complaint in accordance with law about a refusal
to grant him or her a document valid for exit and entry, or about his or her inclusion on a list of people
not yet permitted to exit Vietnam, or about a document-issuing body failing to correctly implement this
Decree.

© Allens Arthur Robinson - Vietnam Laws Online Database on www.vietnamlaws.com

15


Article 34
This Decree shall be of full force and effect fifteen days from the date of its publication in the Official
Gazette, and shall replace the following regulations:
-

Decree 05-2000-ND-CP of the Government dated 3 March 2000 on the exit and entry of Vietnamese
citizens.

-

The provisions on exit and entry of Vietnamese citizens in Decision 210-1999-QD-TTg of the Prime
Minister of the Government dated 27 October 1999 on a number of policies on overseas Vietnamese.

Article 35
The Minister of Police shall preside over co-ordination with relevant ministries to provide guidelines for
implementation of this Decree.
Article 36
The Ministry of Foreign Affairs and the Ministry of Transport and Communications shall link their computer
networks with the Ministry of Police to transmit information on Vietnamese citizens issued with passports or
other appropriate documents for exit and entry, and the Ministry of Foreign Affairs shall guide Vietnamese
representative offices overseas to do the same. The Ministry of Defence shall also link its computer
networks with the Ministry of Police to transmit information on control of Vietnamese citizens exiting and
entering through border gates.
Article 37
The Ministry of Finance shall preside over co-ordination with the Ministry of Police, the Ministry of Foreign
Affairs and the Ministry of Transport and Communications to regulate fees for issuing, extending and
amending passports and other documents valid for exit and entry; and to guide use of a part of fees
collected to purchase equipment and materials servicing the issuing of passports and other documents
valid for exit and entry, the detection of false papers, the resolution of administrative breaches, and
servicing other administrative requirements.
Article 37
Ministers, heads of ministerial equivalent bodies, heads of Government bodies and chairmen of people's
committees of provinces and cities under central authority shall be responsible for the implementation of
this Decree.
For the Government
Prime Minister of the Government
NGUYEN TAN DUNG

© Allens Arthur Robinson - Vietnam Laws Online Database on www.vietnamlaws.com

16