Do individuals have the authorization to submit applications for laissez-passers in Vietnam?

Do individuals have the authorization to submit applications for laissez-passers in Vietnam?
Tran Thanh Rin

Do individuals have the authorization to submit applications for laissez-passers in Vietnam? - Viet Linh (Lam Dong, Vietnam)

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Do individuals have the authorization to submit applications for laissez-passers in Vietnam? (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. What are laissez-passers?

According to Clause 5, Article 2 of the Law on Entry and Exit of Vietnamese Citizens 2019, laissez-passers refer to documents issued by competent authorities of Vietnam to Vietnamese citizens to enable travel across borders according to international agreements between Vietnam and countries sharing borders.

2. Do individual have the authorization to submit applications for laissez-passers in Vietnam?

Specifically, in Clause 1, Article 6 of Decree 76/2020/ND-CP, persons currently working in agencies, organizations or enterprises with legal status may authorize such agencies, organizations or enterprises to submit applications and receive final decisions on their behalf.

- In case where an enterprise is authorized to submit an application for issuance of laissez-passer, before submitting the application, such enterprise must send to the laissez-passer issuing authority a dossier of its legal status, including:

+ Certified copy or photocopy of the decision on enterprise establishment or the certificate of enterprise registration; if the photocopy is not certified, the original must be produced for examination and comparison;

+ Written introduction of seal and signature specimens of the legal representative of the enterprise.

*Note: The dossier of legal status prescribed in clause 2 of Article 6 of Decree 76/2020/ND-CP shall be only sent once, where there is a change in the content of dossier, the enterprise shall send supplemental documents.

(Clause 2, Clause 3, Article 6 of Decree 76/2020/ND-CP)

Thus, the law allows authorized individuals to submit application documents for travel permits to agencies, organizations and enterprises with legal status to submit documents and receive replacement results.

3. Where are the submission places of applications for laissez-passers?

Applications for laissez-passers shall be submitted at the following locations:

- The applicant for a Vietnam-Cambodia border laissez-passer submits an application at the immigration authority affiliated to public security of the province shares the same border with Cambodia where the agency, organization or enterprise that person works is based.

- The applicant for a Vietnam-Laos border laissez-passer submits an application at the immigration authority affiliated to public security of the province shares the same border with Laos where the agency, organization or enterprise that person works is based.

- The applicant for exit and entry laissez-passers Vietnam-China border region specified at Point a, Clause 3, Article 4 of Decree 76/2020/ND-CP shall submit an application to the police office of commune, ward or district town adjacent to the borderline between Vietnam - China where the person has permanent residence.

- The applicant for exit and entry laissez-passers Vietnam-China border region specified at Point b, Clause 3, Article 4 of Decree 76/2020/ND-CP shall submit an application to the police office of district, town, provincial city of Vietnam adjacent to the borderline between Vietnam - China where the workplace of that person is based.

(Article 7 of Decree 76/2020/ND-CP)

4. What are the eligible entities to be granted laissez-passers in Vietnam?

Eligible entities to be granted laissez-passers specified in Article 4 of Decree 76/2020/ND-CP include:

(1) Eligible entities to be granted Vietnam-Cambodia border laissez-passers include officials and public employees and workers working in agencies, organizations and enterprises based in the provinces that share the border line with Cambodia sent to the opposite border province of Cambodia to work.

(2) Eligible entities to be granted Vietnam-Laos border laissez-passers:

- Vietnamese citizens having permanent residence in the province sharing the border with Laos;

- Vietnamese citizens without permanent residence registration in provinces sharing the border with Laos but working in agencies, organizations or enterprises based in the province sharing the border with Laos.

(3) Eligible entities to be granted exit and entry laissez-passers through Vietnam - China border region:

- Vietnamese citizens permanently residing in communes, wards or townships adjacent to the Vietnam-China border;

- Officials working in state agencies based in districts, towns and provincial cities of Vietnam adjacent to the Vietnam-China border who are sent to the opposite border region of China to work.

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