DECREE

ON VIETNAMESE CITIZENS EXIT AND ENTRY

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;
At the proposal of the Minister of Public Security,

DECREES:

Chapter 1

GENERAL PROVISIONS

Article 1. This Decree provides for Vietnamese citizens exit and entry.

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Article 3.

1. Vietnamese citizens holding national passports stated at Point a, Clause 1, Article 4 of this Decree may leave and enter Vietnam through its border gates. When a treaty to which Vietnam has signed or acceded contains different provisions, the provisions of this treaty prevail.

2. Vietnamese citizens holding other papers stated at Point b, Clause 1, Article 4 of this Decree may leave and enter Vietnam through its border gates stated in each paper and treaties to which Vietnam has signed or acceded.

3. Vietnamese citizens holding exit and entry papers granted by competent Vietnamese agencies do not need visas when leaving and entering Vietnam.

Chapter 2

PROVISIONS ON PAPERS FOR EXIT FROM AND ENTRY INTO VIETNAM

Article 4.

1. The following papers are granted to Vietnamese citizens for exit and entry:

a/ National passports, including:

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- Official passport;

- Ordinary passport.

b/ Other papers, including:

- Crewmember passport;

- Border laissez passer;

- Entry and exit laissez passer;

- Repatriation laissez passer;

- Laissez passer.

2. Validity term of exit and entry papers:

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- Diplomatic passports and official passports are valid for 5 years at most from the date of issue. Diplomatic or official passports may be extended once for not more than 3 years. Extension must be carried out at least 30 days before a passport expires;

- Ordinary passports are valid for 10 years at most from the date of issue and inextensible;

- The validity term of national passports granted to under-14 children or citizens accompanied by under-14 children is specified in Article 5 of this Decree.

b/ Other papers:

- Border laissez passers, entry and exit laissez passers and repatriation laissez passers are valid for 12 months at most from the date of issue and inextensible;

- Laissez passers are valid for 6 months at most from the date of issue and inextensible;

- Crewmember passports are valid for 5 years at most from the date of issue. They may be extended once for not more than 3 years. Extension must be carried out at least 30 days before a passport expires.

3. National passports are assets of the State of the Socialist Republic of Vietnam.

National passports may be used in substitution tor peoples identity cards.

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Article 5.

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

2. National passports granted to under-14 children are valid for 5 years at most from the date of issue till the children reach full 14 years and these passports are inextensible.

3. Under-14 children may share national passports with their fathers or mothers if so requested by the latter. In this case, passports are valid for 5 years at most from the date of issue till the children reach full 14 years and these passports are inextensible.

Article 6. Diplomatic passports are granted to Vietnamese citizens who fall into one of the following categories and are sent or permitted to go abroad by competent Vietnamese agencies defined in Clause 1, Article 32 of this Decree, as appropriate to the characteristics of their trips:

1. Those managed by the Communist Party of Vietnam:

- The General Secretary, Political Bureau members. Party Central Committee Secretaries, Party Central Committee members and alternate members;

- Former General Secretaries, Political Bureau members and Party Central Committee Secretaries;

- The director, deputy directors and members of the Party Central Committees Examination Commission:

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- Heads and deputy heads of Party Central Committee commissions; the director and deputy directors of the Office of the Party Central Committee;

- The director and deputy directors of the Ho Chi Minh National Politics and Administration Institute; editors-in-chief and deputy editors-in-chief of the Nhan Dan (People) Newspaper, the Communism Review and the Party Website: the chairman and vice chairmen of the Party Central Committees Theory Council:

- Secretaries and deputy secretaries of Party Committees of central agencies and centrally managed enterprises blocks:

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

2. Those managed by the National Assembly:

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

- Former Chairmen and Vice Chairmen of the National Assembly;

- The Chairman and Vice Chairmen of the National Assemblys Nationalities Council;

- Heads and deputy heads of National Assembly Committees; the director and deputy directors of the Office of the National Assembly;

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- National Assembly deputies;

- Assistants and secretaries of the National Assembly Chairman.

3. Those belonging to the President:

- The President and Vice Presidents;

- Former Presidents and Vice Presidents;

- The director and deputy directors of the President Office;

- Special envoys, assistants and secretaries of the President.

4. Those managed by the Government:

- The Prime Minister and Deputy Prime Ministers; former Prime Ministers and Deputy Prime Ministers;

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- General directors and deputy general directors of general departments or equivalent posts under ministries or ministerial-level agencies; agencies established by the Prime Minister; political commissars and deputy political commissars, commanders and deputy commanders of general departments and the High Command under the Ministry of Defense; officers with ranks of major general or naval rear-admiral or higher who are on active service in the Peoples Army or the Peoples Police;

- Special envoys, assistants and secretaries of the Prime Minister;

- Chairmen, vice chairmen and secretaries of Vietnams sub-committees in inter-governmental cooperation committees between Vietnam and foreign countries.

5. The President and Vice Presidents of the Supreme Peoples Court;

6. The Chairman and Vice Chairmen of the Supreme Peoples Procuracy.

7. Those managed by local state agencies:

- Chairmen and vice chairmen of Peoples Councils of provinces and centrally run cities;

- Presidents and vice presidents of Peoples Committees of provinces and centrally-run cities.

8. Those managed by mass and peoples organizations at the central level:

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- The Chairman and Vice Chairmen of the Vietnam General Confederation of Labor;

- The President and Vice Presidents of the Vietnam Peasants Association;

- The President and Vice Presidents of the Vietnam Womens Union;

- The Chairman and Vice Chairmen of the Vietnam War Veterans Association;

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

- The President of the Union of Vietnam Friendship Organizations;

- The President of the Union of Vietnam Literature and Art Associations;

- The President of the Union of Vietnam Scientific and Technical Associations;

- The President of the Vietnam Cooperatives Union;

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9. Those who are currently working in the diplomatic service and have been conferred diplomatic titles or who are holding positions of deputy defense attach or higher at Vietnams overseas diplomatic missions and permanent missions at inter- governmental international organizations, or positions of consular attach or higher at Vietnams overseas consulates.

10. Diplomatic couriers, consular couriers.

11. Spouses of persons defined in Clauses 1 through 8 of this Article who accompany the latter during their working trips; spouses and under-18 children of persons defined in Clause 9 of this Article who accompany and stay with the latter during their working terms or pay visits to them.

12. In case of necessity, based on. the foreign relation or state protocol requirements and the characteristics of working trips, the Minister of Foreign Affairs shall, under the direction of the Prime Minister, grant diplomatic passports, or, at the proposal of competent Vietnamese agencies stated in Clause I, Article 32 of this Decree, consider and decide on the grant of diplomatic passports, to persons not defined in Clauses 1 thru 11 of this Article.

Article 7. Official passports are granted to Vietnamese citizens who fall into one of the following categories and arc sent by competent agencies defined in Clause 1, Article 32 of this Decree to perform tasks within the functions of these agencies:

1. State cadres, employees and servants as preser.bec by the law on state cadres and employees.

2. Career officers and soldiers in the Peoples Army and the Peoples Police.

3. Staff members of Vietnams overseas representative missions; resident correspondents of Vietnamese state-owned news and press agencies in foreign countries.

4. Spouses and under-18 children of persons defined in Clause 3 of this Article who accompany and stay with the latter during their working terms or pay visits to them.

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Article 8. Ordinary passports are granted to every Vietnamese citizen.

Article 9. Crewmember passports are granted to Vietnamese citizens who are crewmembers for exit and entry on board seagoing vessels or inland waterway crafts operating along international routes under decisions of competent agencies of the Ministry of Transport.

Article 10. Border laissez passers and entry and exit laissez passers are granted to Vietnamese citizens traveling to countries bordering on Vietnam under treaties signed between Vietnam and these countries.

Article 11. Repatriation laissez passers are granted to overseas Vietnamese for immigration in Vietnam.

Article 12. Laissez passers are granted to Vietnamese citizens who do not settle overseas for immigration in Vietnam in the following cases:

1. They are not allowed by foreign authorities to reside in foreign countries.

2. They are ordered to go home by competent Vietnamese agencies but they have no national passports.

3. Thev wish to return to the country but thev have no national passports.

Article 13.

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2. In case of losing exit and entry papers, declaration must be made as follows:

a/ The holder who is in the country shall immediately report in writing the loss to the agency that has issued the paper or, if the lost paper was issued by an overseas Vietnamese representative mission, to the Immigration Control Department. In case of losing a diplomatic or official passport, apart from making a written report as required, the holder shall immediately report it to the agency that has sent him/her abroad.

b/ The holder who is in a foreign country shall immediately report in writing the loss to competent authorities in the host country and the nearest overseas Vietnamese representative mission.

3. Vietnamese agencies stated in Clause 2 of this Article shall, upon receiving reports on the loss of exit and entry papers, notify the Ministry of Public Security (the Immigration Control Department) thereof for invalidation of these papers. Invalidated papers are not restored, except for humanitarian or emergency reasons.

Chapter 3

PROVISIONS ON THE GRANT OF PAPERS FOR EXIT FROM AND ENTRY INTO VIETNAM

Article 14.

1. Vietnamese citizens who are in Vietnam applying for diplomatic or official passports shall submit dossiers at the Consulate, the Ministry of Foreign Affairs, or foreign affairs agencies of provinces or centrally run cities according to regulations of the Ministry of Foreign Affairs.

A dossier comprises:

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- The document of a competent agency defined in Clause 1, Article 32 of this Decree on sending the applicant abroad or permitting him/her to go abroad;

- A copy of the birth certificate, if the applicant is less than 14 years old;

- Papers evidencing that the applicant is an accompanying or visiting person as stipulated in Clause 11, Article 6 or Clause 4, Article 7, of this Decree.

If the parent wishes to use his/her passport also for his/her under-14 child(ren) defined in Clause 11, Article 6 or Clause 4, Article 7 of this Decree, he/she shall also declare information on the child(ren) in his/ her declaration form.

2. Time limit for consideration of the grant of passports: Agencies granting diplomatic or official passports shall issue replies to applicants within 5 working days from the date of receipt of dossiers.

Article 15.

1. Vietnamese citizens who are in the country may submit applications for ordinary passports and receive replies at immigration control agencies in one of the following ways:

a/ Directly submitting the dossier and receiving the reply at the immigration control agency of the police department of the province or centrally run city where the applicant permanently or temporarily resides.

b/ Sending the dossier by post to the immigration control agency of the police department of the province or centrally run city where the applicant permanently resides, together with a request for receipt of the reply by post. The sending of dossiers and receipt of replies by post shall be earned out according to the procedures prescribed by the Ministry of Public Security and the Vietnam Post and Telecommunications Group.

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2. In case of urgent need of a passport (as prescribed by the Ministry of Public Security), the applicant may submit the dossier and receive the reply at the Immigration Control Department, the Ministry of Public Security.

3. A dossier of application for a passport comprises:

a/ In case of direct submission of a dossier as stated at Points a and c, Clause 1 of this Article:

- The declaration for the grant of an ordinary passport, made according to a set form.

For under-14 children, their parents or guardians shall till in and sign the declaration form; if the parent wishes to use his/her passport also for the child(ren), he/she shall declare information on the child(ren) in his/her declaration form.

- A copy(ies) of the birth certificate(s) of the under-14child(ren).

Upon submitting the dossier, the applicants valid peoples identity card must also be produced for comparison.

b/ In case of submission of dossiers by post as stated at Point b, Clause 1 of this Article:

- The declaration for the grant of an ordinary passport, made according to a set form and containing the certification by the chief of the police of the ward or commune where the applicant registers his/her permanent residence.

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4. Upon submitting dossiers, applicants shall pay a passport fee according to regulations of the Ministry of Finance. In case of submission by post, applicants shall pay the fee together with the dossier and pay delivery charges to the post office.

5. Time limit for processing dossiers and reply:

a/ For cases stated in Clause 1 of this Article, immigration control agencies shall issue replies within 8 working days from the date of receipt of dossiers.

b/ For cases stated in Clause 2 of this Article, immigration control agencies shall issue replies within 5 working days from the date of receipt of dossiers.

6. Chiefs of police offices of wards or communes where citizens permanently reside shall take-responsibility before law for their certification in citizens declarations for the grant of passports.

7. Agencies or organizations with legal person status authorized by passport applicants to submit dossiers and receive replies shall take responsibility before law for the accurate comparison between applicants identity cards and declaration forms.

Article 16.

1. Vietnamese citizens who are in a foreign country shall submit their dossiers of application for ordinary passports at overseas Vietnamese representative missions.

A dossier comprises:

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- The document evidencing the applicants Vietnamese nationality:

- A copy of the birth certificate, if the applicant is less than 14 years old;

If the parent wishes to use his/her passport also for his/her accompanying under-14 child(ren), he/she shall also declare information on the child(ren) in his/ her declaration form.

2. Overseas Vietnamese representative mission shall issue replies to applicants within 5 working days from the dale of receipt of dossiers.

Article 17. The procedures and order for grant of crewmember passports shall be prescribed by the Ministry of Transport.

Article 18. The procedures and order for grant of border and entry and exit laissez passers shall be prescribed by the Ministry of Public Security in accordance with treaties which Vietnam has signed or acceded to.

Article 19. The procedures and order for grant of repatriation laissez passers to overseas Vietnamese for immigration to Vietnam shall be prescribed by the Ministry of Public Security and Ministry of Foreign Affairs.

Article 20. The procedures and order for grant of laissez passers to Vietnamese citizens not residing overseas for immigration to Vietnam shall be prescribed by the Ministry of Public Security.

Chapter 4

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Article 21. Vietnamese citizens are not permitted to leave the country if they fall into one of the following cases:

1. They are being examined for penal liability or involved in criminal investigation.

2. They are obliged to serve criminal sentences.

3. They arc obliged to serve civil or economic sentences; are awaiting the settlement of civil or economic disputes.

4. They are obliged to comply with decisions on sanctioning administrative violations, pay taxes or perform other financial obligations, except for cases in which they have made monetary or property deposits or taken other measures to secure the performance of these obligations.

5. On grounds of prevention of infection of dangerous epidemics.

6. On grounds of safeguarding national security and social order and safety.

7. They commit acts of administrative violation related to exit and entry according to the Governments regulations.

Article 22.

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a/ Investigative agencies, procuracies, courts or judgment enforcement agencies at all levels may make decisions not permitting persons specified in Clauses 1, 2 and 3, Article 21 of this Decree to leave the country.

b/ Ministers, heads of ministerial-level agencies, heads of government-attached agencies and presidents of Peoples Committees of provinces or centrally run cities may make decisions not permitting persons specified in Clause 4, .Article 21 of this Decree to leave the country.

c/ The Minister of Health may make decisions not permitting persons specified in Clause 5, Article 21 of this Decree to leave the country.

d/ The Minister of Public Security may make decisions not permitting persons specified in Clause 6, Article 21 of this Decree to leave the country.

e/ Heads of the Ministry of Public Securitys immigration control agencies may make decisions not permitting persons specified in Clause 7, Article 21 of this Decree to leave the country.

2. When making decisions not permitting citizens to leave the country, competent agencies stated at Points a, b, c and d, Clause 1 of this Article shall send written notices to the Ministry of Public Securitys Immigration Control Department clearly stating the personal details of these persons and time limits during which these persons are not permitted to leave the country, for compliance. When canceling these decisions, they shall also notify the Ministry of Public Securitys Immigration Control Department thereof for compliance.

3. An agency that makes decision not permitting a citizen to leave the country shall notify in writing the citizen thereof, unless it is necessary to be kept secret for criminal investigation or security purposes.

4. Persons who make decisions not permitting citizens to leave the country shall take responsibility before law for their decisions.

Article 23. Vietnamese who stay in foreign countries may not be granted by overseas Vietnamese representative missions exit and entry papers if they fall into one of the following cases:

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2. On grounds of safeguarding national security and social order and safety under decisions of the Minister of Public Security.

Article 24. Persons falling into categories defined in Articles 21 and 23 of this Decree are not granted papers for exit from and entry into Vietnam. When they have been granted these papers, the Ministry of Public Securitys Immigration Control Department shall cancel these papers.

Article 25. When detecting that persons falling into the categories defined in Articles 21 and 23 of this Decree possess passports or other exit and entry papers or are carrying out procedures of application for these papers, agencies, organizations or individuals shall notify it, together with concrete proof, to competent agencies specified in Article 22 of this Decree for consideration and decision not to grant passports or other exit or entry papers or to prevent those persons from leaving the country.

Article 26.

1. The Ministry of Public Security shall uniformly manage lists of citizens not yet permitted to leave the country defined in Article 21 of this Decree and citizens not yet granted exit and entry papers defined in Clause 2, Article 23 of this Decree.

2. In special cases, the Minister of Public Security may make decisions to allow persons not yet permitted to leave the country defined in Article 21 of this Decree to leave the country.

Chapter 5

PROVISIONS ON RESPONSIBILITIES AND COMPETENCE OF CONCERNED AGENCIES

Article 27.The Ministry of Public Security shall assist the Government in performing the state management of Vietnamese citizens exit and entry. It has the following responsibilities:

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2. To grant and modify ordinary passports, border laissez passers and exit and entry laissez passers to Vietnamese citizens in the country, and laissez passers to Vietnamese citizens to return home when they are not allowed by foreign authorities to reside in foreign countries.

3. To issue forms of exit and entry papers and necessary forms after consulting concerned ministries and branches; to print, manage and supply blank exit and entry papers to agencies responsible for granting these papers.

4. To revoke and cancel exit and entry papers; restore the validity of exit and entry papers which have been cancelled under Clause 3, Article 13 of this Decree.

5. To control and check exit and entry papers presented by Vietnamese citizens on exit and entry; to provide exit and entry control units at border gates under the management of the Ministry of Defense with guidance on procedures, forms and order for controlling and checking exit and entry papers.

6. To handle administrative violations of citizens entry and exit regulations committed by individuals and organizations; to instruct concerned agencies on how to detect forged exit and entry papers.

7. To undertake international cooperation in the domain of Vietnamese citizens exit and entry; to assume the prime responsibility for receiving Vietnamese citizens who are not allowed by foreign authorities to reside in foreign countries.

8. To make official statistics on Vietnamese citizens exit and entry; to develop mechanisms for coordination among concerned agencies to ensure unified management of information on Vietnamese citizens exit and entry.

Article 28. The Ministry of Foreign Affairs has the responsibilities:

1. To guide the procedures and order for granting, extending and modifying diplomatic and official passports.

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3. To notify the Ministry of Public Security of the list of persons who report on the loss of diplomatic or official passports for cancellation of their validity.

4. To consult the Ministry of Public Security on restoring the validity of diplomatic or official passports already cancelled under Clause 3, Article 13 of this Decree.

5. To supply necessary information and documents on individuals and organizations violating regulations on the grant and use of diplomatic and officials passports to the Ministry of Public Security for handling.

6. To assume the prime responsibility for, and coordinate with the Ministry of Public Security in, negotiating and signing or acceding to treaties concerning Vietnamese citizens exit and entry according to the Governments regulations.

Article 29. The Ministry of Transport has the responsibilities:

1. To guide the procedures and order for granting, extending and modifying crewmember passports.

2. To grant, modify and extending crewmember passports; to notify the Ministry of Public Security of the list of persons who are granted crewmember passports immediately after granting these passports and the list of persons who report on the loss of crewmember passports.

3. To supply necessary information and documents on individuals and organizations violating regulations on the grant and use of crewmember passports to the Ministry of Public Security for handling.

Article 30. The Ministry of Defense (Border Guard) has the responsibilities:

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2. To supply the Ministry of Public Security with an updated list of Vietnamese citizens who have left and entered the country through border gates under the management of the Border Guard.

3. To share information with the Ministry of Public Security on the situation and results of handling of individuals and organizations violations of regulations on Vietnamese citizens exit and entry at border gates under the management of the Border Guard; to promptly share information with the Ministry of Public Security for coordination in directing the handling of serious violations or violations related to foreign relations.

Article 31. Overseas Vietnamese representative missions have the responsibilities:

1. To grant, extend and modify diplomatic and official passports according to notifications of the Ministry of Foreign Affairs.

2. To grant and modify ordinary passports under the guidance of the Ministry of Public Security and the Ministry of Foreign Affairs.

3. To grant repatriation laissez passers and laissez passers according to notifications of the Ministry of Public Security.

4. To notify the Ministry of Public Security of the list of persons who arc granted exit and entry papers after granting these papers and the list of persons who report on the loss of these papers, according to a form set by the Ministry of Public Security.

Article 32.

1. Agencies competent to send abroad persons falling into the categories defined in Articles 6 and 7 of this Decree include:

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- The Political Bureau of the Party Central Committee;

- The Secretariat of the Party Central Committee:

- Commissions of the Party Central Committee;

- The Office of the Party Central Committee;

- Party Committees of provinces and centrally run cities;

b/ Those under the National Assembly:

- The National Assembly Standing Committee;

- The National Assemblys Nationalities Council;

- National Assembly Committees;

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- The Office of the National Assembly

c/ The Office of the President.

d/ Those under the Government:

- The Prime Minister;

- Ministries, ministerial-level agencies and government-attached agencies.

e/ The Supreme Peoples Court;

f/ The Supreme Peoples Procuracy.

g/ Those under local state agencies:

- Peoples Councils of provinces and centrally run cities;

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h/ Those under mass and peoples organizations at the central level:

- The Vietnam Fatherland Fronts Central Committee:

- The Vietnam General Confederation of Labor;

- The Vietnam Womens Union;

- The Central Committee of the Ho Chi Minh Communist Youth Union;

- The Vietnam Peasants Association;

- The Vietnam War Veterans Association;

- The Union of Vietnam Friendship Organizations;

- The President of the Union of Vietnam Literature and Art Associations:

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- The Vietnam Cooperatives Union;

- The Vietnam Chamber of Commerce and Industry.

2. Ministers, heads of ministerial-level agencies and presidents of Peoples Committees of provinces and centrally run cities may authorize their attached units to send their cadres and employees abroad.

3. Heads of competent agencies specified in Clause 1 of this-Article shall promulgate regulations on management of overseas trips of cadres and employees under their management.

Chapter 6

IMPLEMENTATION PROVISIONS

Article 33.

1. Organizations and individuals that commit acts of violating the provisions of this Decree shall, depending on the nature and severity of their violations, be administratively sanctioned or examined for penal liability in accordance with law.

2. Vietnamese citizens may lodge complaints according to the provisions of law when their applications for exit and entry papers are rejected by competent state agencies or when they are notified that they are not yet permitted to leave the country or when agencies responsible for granting exit and entry papers fail to comply with the provisions of this Decree.

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- The Governments Decree No. 05/2000/ND-CP of March 3, 2000, on Vietnamese citizens exit and entry.

- Provisions on Vietnamese citizens exit and entry in the Prime Ministers Decision No. 210/1999/QD-TTg of October 27, 1999, on a number of policies towards overseas Vietnamese.

Article 35. The Minister of Public Security shall assume the prime responsibility for, and coordinate with concerned ministries in, guiding the implementation of this Decree.

Article 36. The Ministry of Foreign Affairs and the Ministry of Transport shall organization the connection of their computer networks with that of the Ministry of Public Security for transmitting data on the list of persons who are granted exit and entry papers immediately after granting these papers; the Ministry of Foreign Affairs shall guide overseas Vietnamese representative missions to connect their computer networks with that of the Ministry of Public Security for transmitting data on the list of Vietnamese who are granted exit and entry papers immediately after granting these papers; and the Ministry of Defense shall organize the connection of its computer network with that of the Ministry of Public Security for transmitting data on control of Vietnamese who leave and enter the country through border gates under the management of the Ministry of Defense immediately after these citizen leave or enter the country.

Article 37.The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Public Security, the Ministry of Foreign Affairs and the Ministry of Transport in, issuing regulations on fees for the grant, extension, supplementation and modification of exit and entry papers and the use of collected fees for the purchase, maintenance and repair of supplies, machines and equipment used in the grant of exit and entry papers; machines and devices used to detect forged papers; for the handling of administrative violations and other jobs in the management of citizens exit and entry.

Article 38. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and presidents of Peoples Committees of provinces and centrally run cities shall implement this Decree.

ON BEHALF OF THE GOVERNMENT
PRIME MINISTER





Nguyen Tan Dung