Procedures for the issuance of a Vietnam border laissez-passer

My name is Minh. I am 37 years old and currently a worker in a factory that has a head-quarter located in the province on the Vietnam-Cambodia border. My company has an important project and will soon send me to the opposite border province to meet a working exchange partner. However, I don't know how to be granted a laissez-passer, so I hope the FDVN Lawyer can advise me. Thanks so much!

FDVN’s Opinions:

Thank you very much for submitting questions to FDVN Law Firm (FDVN). After studying relevant legal regulations, FDVN has some opinions for your consulting request as follows:

1. Regarding eligible entities to be granted laissez-passers

According to Article 4.1 Decree No. 76/2020/ND-CP on guideline for eligible entities, procedures and powers to issue, revoke and annul laissez-passers:

“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 borderline with Cambodia sent to the opposite border province of Cambodia to work.”

Based on the information you provided, you are a worker in an enterprise whose headquarter is in the province with the Vietnam-Cambodia border and are sent to the opposite border province of Cambodia to work. Therefore, by reference to the above provision, you are the eligible entities to be granted Vietnam-Cambodia border laissez-passers.

​2. Procedures for the application for laissez-passers

Required documents include:

• 01 application form made according to Form M01 enclosed with Decree No. 76/2020/NĐ-CP, completely filled in. The application form must be certified and affixed with a fan stamp on the photo by your superior body.
• 2 portrait photos, 4cm x 6cm size
• A letter of recommendation of the agency, organization, or enterprise in case of authorization to submit the application.

­   In case your enterprise is authorized to submit an application for issuance of laissez-passer, before submitting the application, your enterprise must send to the laissez-passer issuing authority a dossier of its legal status, (the dossier of legal status shall be only sent once, when there is a change in the content of the dossier, the enterprise shall send supplemental documents), 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 whereof the legal representative of the enterprise.

(According to Article 5, 6 Decree No. 76/2020/NĐ-CP)

Competent authority:

The Immigration Department of the public security of province shares the same border with Cambodia where the agency, organization, or enterprise has headquarter.

(According to Article 7 Decree No. 76/2020/NĐ-CP)

Procedures:

Step 1: You - the applicant for a laissez-passer shall submit 1 set of applications to Competent authority.

When submitting the application, the applicant must present a valid identity card for comparison.

In case the agency, organization, or enterprise is authorized to submit an application and receive a final decision, the person who is assigned to submit the application shall produce a valid letter of introduction or identity card of yourself and the authorizing person for comparison.

Step 2: The person in charge shall receive applications for issuance of laissez-passers; do checking and comparison; collect fees and issue appointments to give final decision.

You must pay a given fee; if you request to receive the final decision at a place other than the one prescribed in Article 7, you shall bear the courier cost.

(According to Article 8 Decree No. 76/2020/NĐ-CP)

Time limit to process applications:

 Within 03 working days after receiving a valid application, the Immigration Department of the public security of the province which shares the border with Cambodia shall issue a laissez-passer and give the final decision to the applicant. In case of refusal, the final decision with an explanation shall be provided.

(According to Article 9 Decree No. 76/2020/NĐ-CP)

Above is the advisory opinion of FDVN regarding your consultation request on the basis of researching legal provisions. Hopefully, the advice of FDVN will be useful to you.

Nguyen Thi Suong - FDVN Law Firm

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