Bản dịch văn bản 04/2005/TTLT/BCA-BNG
Joint circular 04/2005/TTLT/BCA-BNG
Cơ quan ban hành: Bộ Công an
Ngày ban hành: 2005-11-28

JOINT CIRCULAR Amending and supplementing Joint Circular no. 06/TT-LT of January 29, 1997, of the Ministry of Public Security and the Ministry of Foreign Affairs, guiding the implementation of the Prime Minister's Decision no. 875/TTG of November 21, 1996 On January 29, 1997, the Ministry of the Interior (now the Ministry of Public Security) and the Ministry of Foreign Affairs issued Joint Circular No. 06/TT-LT guiding the implementation of the Prime Minister's Decision No. 875/TTg of November 21, 1996, permitting overseas Vietnamese citizens to repatriate to Vietnam. In order to create more favorable conditions for repatriation applicants, the Ministry of Public Security and the Ministry of Foreign Affairs hereby jointly amend and supplement a number of contents in Joint Circular No. 06/TT-LT as follows: 1. Point 1 of Section I is amended and supplemented as follows: "1. The condition on "having the Vietnamese nationality" (mentioned in Clause 1, Article 2 of Decision No. 875/TTg) covers the following two cases: - Holding a valid Vietnamese passport or a valid paper as a passport substitute, granted by the Public Security Ministry's Entry and Exit Management Department or an overseas Vietnamese representative mission; - If a valid Vietnamese passport or a valid paper as a passport substitute is not available, there must be one of the following papers: + A citizen registration certificate granted by an overseas Vietnamese representative mission; + A certificate of having the Vietnamese nationality, granted by a provincial/municipal People's Committee or an overseas Vietnamese representative mission." 2. Point 2 of Section II is amended and supplemented as follows: "2. Copies of passports and papers proving the Vietnamese nationality and papers proving foreign countries' permission for residence such as permits for residence for an indefinite period of time or permanent residence (hereinafter referred to collectively as residence papers): - For repatriation applicants holding valid Vietnamese passports or valid papers as passport substitutes: + A copy of the passport or the paper used as passport substitute; + A copy of the residence paper granted by a competent foreign agency. - For repatriation applicants holding valid foreign passports or valid papers as passport substitutes: + A copy of the passport or the paper used as passport substitute; + A copy of the citizen registration certificate granted by an overseas Vietnamese representative mission, or the certificate of having the Vietnamese nationality, granted a provincial/municipal People's Committee or an overseas Vietnamese representative mission. - For repatriation applicants holding no Vietnamese or foreign passports or papers used as passport substitutes as stated above: + A copy of the residence paper granted by a competent foreign agency; + A copy of the citizen registration certificate granted by an overseas Vietnamese representative mission, or the certificate of having the Vietnamese nationality, granted by a provincial/municipal People's Committee or an overseas Vietnamese representative mission. Copies of residence papers must be certified by overseas Vietnamese representative missions according to the provisions of Point 4 of this Circular; copies of passports or papers used as passport substitutes, citizen registration certificates or certificates of having the Vietnamese nationality must be notarized or authenticated by competent Vietnamese agencies. Where repatriation applicants submit their dossiers directly at overseas Vietnamese representative missions or the Public Security Ministry's Entry and Exit Management Department, such copies are not required to be notarized or authenticated, but the dossier-receiving agencies shall request the applicants to produce the originals for comparison with the copies, then the officials making such comparison shall write in such copies the phrase "already compared with the originals", together with their signatures, full names and the dates of comparison." 3. Section III is amended and supplemented as follows: "1. Repatriation applicants who are in foreign countries must come to the Vietnamese representative missions to receive repatriation laissez-passers within 12 months after receiving their notices on repatriation permission. If they come to the representative missions beyond this time limit, they must carry out the following procedures: a/ If they come to the representative missions within 24 months after this time limit, they must submit 2 declarations for receipt of repatriation laissez-passers (Form No. HH4, not printed herein) and 2 recent photos. b/ If they come to the representative missions more than 24 months after this time limit, they must re-make repatriation application dossiers according to the first-time application procedures specified in Section II of Joint Circular No. 06/TT-LT of January 29, 1997, and Point 2 of this Circular. 2. Repatriation laissez-passers (Form No. HH3, not printed herein) shall be granted to persons permitted to repatriate to the country as passport substitutes for entry. Repatriates must not use expired repatriation laissez-passers for entry. If they wish to enter into Vietnam, they must carry out again the procedures specified in Section II of Joint Circular No. 06/TT-LT of January 29, 1997, and Points 2 and 3 of this Circular." 4. Points 1 and 2 of Section IV are amended and supplemented as follows: "1. Regarding overseas Vietnamese representative missions: - Apart from the responsibilities defined in Clause 1, Article 5 of Decision No. 875/TTg, the representative missions shall grant citizen registration certificates and certificates of having the Vietnamese nationality, and authenticate papers proving foreign countries' permission for residence under the Foreign Affairs Ministry's guidance. - To send to repatriation applicants written notices on the results of processing their repatriation application dossiers within 10 working days after receiving the Public Security Ministry's written notices. In case of repatriation approval, their notices must clearly state the time the repatriates must come to receive repatriation laissez-passers (within 12 months after the date of issue of notices). - The granted repatriation laissez-passer must be completely filled out, in which the section "permanent residence address" must be filled in with the house number and the name of the street, ward/commune, district and province/city. Photos stuck on repatriation laissez-passers must be affixed with an overlapping stamp with security measures taken like for passport photos. 2. Regarding the Public Security Ministry (the Entry and Exit Management Department): - To notify (by fax) the results of examining repatriation application dossiers to overseas Vietnamese representative missions, the Foreign Affairs Ministry and provincial/municipal Public Security Services within 60 working days after receiving complete and valid dossiers for cases where such dossiers are submitted at overseas Vietnamese representative missions. Where the dossiers are submitted in the country, apart from the above-said agencies, to notify repatriates' relatives (guarantors) or repatriates of such results. Particularly for cases where the procedures must be carried out again because the repatriation permission notices or repatriation laissez-passers have expired for no more than 24 months, to notify the results of examining repatriation application dossiers within 30 working days after receiving the declarations (according to Form No. HH4, not printed herein) and two recent photos. - In the course of consideration and settlement, even after the overseas Vietnamese citizens concerned have repatriated to the country, if detecting that repatriation applicants or concerned individuals or organizations committed deceitful acts for being granted repatriation permits, the Ministry of Public Security shall have to verify the cases and handle violators, depending on the nature and seriousness of their violations according to its competence, or transfer the cases to functional agencies for handling according to Vietnamese law." 5. This Circular takes effect 15 days after its publication in "CONG BAO." The previous guidance of the Public Security Ministry and the Foreign Affairs Ministry which is contrary to this Circular shall be hereby annulled.