The Decision 58/2012/qd-Ttg Dated: On The Use And Management Of The Diplomatic Passport, The Passport Service

Original Language Title: Quyết định 58/2012/QĐ-TTg: Về việc sử dụng và quản lý hộ chiếu ngoại giao, hộ chiếu công vụ

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Decisions about the use and management of the diplomatic passport, the Passport service _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ based on Government Organization Law of 25 December 2001;
Pursuant to Decree 146/2007/ND-CP of August 17, 2007 by the Government on the exit and entry of citizens of Vietnam;
Pursuant to Decree No. 65/2012/ND-CP dated September 6th, 2012 of the Government, additional edits a shared articles of Decree 136/Windows/2007/ND-CP on August 17, 2007 by the Government on the exit and entry of citizens of Vietnam;
Pursuant resolution 50/NQ-CP dated 10 December 2010 of the Government on the simplification of administrative procedures in the scope of the management function of the Ministry of Foreign Affairs;
According to the recommendation of the Minister of Foreign Affairs;
The Prime Minister issued decisions on the use and management of the diplomatic passport, the Passport service, article 1. Scope this decision regulates the use and management of the diplomatic passport, the Passport service (hereinafter referred to as passport) in and outside the country.
Article 2. The object of this decision apply apply to: 1. Who granted diplomatic passport, the Passport service under the provisions of Decree No. 137/2007/ND-CP of August 17, 2007 by the Government on the exit and entry of citizens of Vietnam (hereinafter the Decree 136) and Decree No. 65/2012/ND-CP dated September 6th, 2012 of the Government modified the supplement some articles of Decree No. 136 (hereinafter the Decree 65).
2. the competent State agencies of election officers, public servants, officers, professional military personnel in the military and public security of the people travel abroad as stipulated in article 32 of the Decree 136, amended and supplemented in accordance with Paragraph 9 Article 1 Decree 65 (hereinafter called managing authorities).
3. direct agencies implement managed diplomatic passport, the Passport service of officials, servants, officers, professional military personnel in the people's army and the people's police (hereafter called the Passport Agency).
4. The Agency granted diplomatic passport, the Passport service under the Ministry of Foreign Affairs.
5. diplomatic representations, consular representative offices or other agencies authorized to perform consular functions of Vietnam abroad (hereinafter the Vietnam representative offices abroad).
Article 3. The principle use, passport management 1. The Passport is the property of the State of Vietnam. The use, management of passports must be made under the provisions of this decision and the provisions of other relevant laws. The use of the passport are not causing damage to the reputation and interests of the State of Vietnam.
2. The acts of using, managing the wrong Passport rules depending on the nature and extent of the violation will be punished, the administrative sanction or prejudice to criminal responsibility.
Article 4. The responsibility of the person who granted the Passport 1. Responsible for maintaining and preserving the passport according to the provisions of article 13 of the Decree 136.
2. Use only one type of passport is still worth using for each business trip abroad consistent with the decision to the work and the nature of the work done abroad, except in special cases according to the instructions of the Ministry of Foreign Affairs.
3. To declare the loss of the Passport as defined in clause 2 article 13 Decree 136.
4. within 5 working days from the date of entry to Vietnam after the end of business trips abroad, to return the Passport to the Passport Agency, unless good reason do heads manage the passport decision.
5. When changing working bodies, must report the Passport Agency where moved away and moved to the agency that made the management of the Passport as defined in this decision.
6. do not use diplomatic passport, the Passport service to go overseas for personal purposes.
Article 5. The responsibility of the Passport Agency 1. Management of passport officers, public servants, officers, professional military personnel in the military and public security of the people in the scope of its management, including the following: a) Established as the delivery, get a passport and ensure absolute safety for the Passport to be kept at the Passport Agency , not to lost, wet, damaged or unusable.
b) delivered the Passport to officials and public servants when the decision sent the work overseas. The delivery of the passport must have a newsletter. If the Passport is still the time limit use under 6 months notice to litigants to know to proactively suggest renewed or granted a new passport.
c) Switch the Passport to new Passport Agency when the passport was to be transferred.
d) report in writing to the governing body of the person who granted the Passport no passport delivery deliberately to the Passport Agency as a rule after the entry of water and take measures promptly to revoke a passport.
DD) immediately notify in writing to the Passport Agency in the Ministry of Foreign Affairs (Consular Bureau or the Department of Foreign Affairs in Ho Chi Minh City) and the Bureau of immigration, the management of the Ministry of public security of the passport by his agency to manage lost, broken.
e) transferred to the Passport Agency in the Ministry of Foreign Affairs to cancel the value of those passports are no longer in an used this Passport, including those who have retired, quit, term, discarded, died, were missing.
g) reports the governing body to handle violation for the use and management of passports is not correct according to the decision.
2. the management authority of passports of certain provisions from clause 1 to Clause 8 article 6 Decree 136 was amended and supplemented in accordance with paragraph 3 article 1 Decree 65 to capture and manage the passport of his wife or husband of the same route the work of these people (if any) as defined in this decision.
3. The Agency is authorized to manage the Passport breach the provisions of this decision may limit or withdraw the delegated management of the Passport.
Article 6. The responsibility of the governing body 1. Management regulations issued passports in his agency consistent with this decision.
2. Directly or delegated to subordinate agencies directly implementing the management passport under this decision; notify the State agency name authorized to manage the Passport, the contents and duration of the authorization.
3. Directly or coordinate with the Foreign Ministry and other authorities handling of violations in the use and management of passports.
Article 7. The responsibility of the relevant agencies 1. The Ministry of Foreign Affairs is responsible for: a) Guide and coordinate with the relevant authorities implement the management and use of passport referred to in this decision.
b) management of passport officers, public officials in his agency, who was sent to work at the term of the representative offices overseas and the Vietnam visit, follow its prescribed in clause 11 and clause 4 Article 6 article 7 Decree 136.
c) cooperation with the governing body handled cases of incorrect level object and use the left aim.
d) refuse to grant, renew the passport and the visa foreign proposals for violations of the provisions of article 4 of this decision.
DD) reported to the Ministry of public security and the Ministry of defence about the Passport ceases to use value.
e) promptly reported the Prime Minister about the problems arising in the use and management of the diplomatic passport, the Passport service, as well as on the review of the decision to sanctions for violation of the Passport Agency, the agency authorized the election of officers, civil servants going abroad as stipulated in paragraph 3 article 1 Decree 65.
2. The Ministry of public security, the Ministry of defence informed the Foreign Ministry and the governing body if the Passport does not use cases correctly prescribed purposes.
3. Vietnam representative agencies overseas to notify the Ministry of Foreign Affairs and the governing body if the detected violations of the passport holders abroad; refuse to grant, renew the Passport, granted the foreign visa proposal for violations of the provisions of article 4 of this decision.
Article 8. Terms of implementation 1. This decision has effect as from March 1, 2013.
2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the province, central cities, the heads of the agencies responsible for the implementation of this decision.