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Norsk

Bilateral agreements

Document-ID : 2007-07-04
Entry info force : 14.10.2007
Documentdate : 04.07.2007

Agreement between the Government of the Kingdom of Norway and the Government of the Socialist Republic of Vietnam on readmission of citizens

Agreement between the Government of the Kingdom of Norway and the Government of the Socialist Republic of Vietnam on readmission of citizens 

The Government of the Kingdom of Norway and the Government of the Socialist Republic of Vietnam (hereinafter referred to as the «Contracting Parties»), 

Desiring to further develop the cooperation between their respective States with a view to ensuring better implementation of the dispositions on the movement of persons, 

Being aware of the need to combat illegal migration and with a view to facilitating, on the basis of reciprocity, the readmission of persons illegally entering or residing on the territory of either Contracting Party, 

In accordance with the international treaties and conventions by which their States are bound, 

Have agreed as follows: 

Article 1
Definitions 

For the purpose of this Agreement, the terms listed below shall have the following meanings:  

  1. «Visa» means a valid permit issued by the competent authorities of the State of a Contracting Party, entitling a person to enter and stay on the territory of its State, without interruption, for a determined period of time according to the applicable legislation of that State;  
  2. «Residence permit» means a valid permit issued by the competent authorities of the State of a Contracting Party, entitling the person bearing it to repeatedly enter and reside on the territory of that State. The residence permit does not represent a visa and cannot be assimilated with a temporary residence permit granted to a person to allow his/ her staying on the territory of the State of a Contracting Party in relation with the examination of an asylum application or pen-ding an expulsion procedure.  
  3. «Request» is a formal application submitted by the requesting Contracting Party to the requested Contracting Party for readmission of a person.  
  4. «Served with a legal notice» means that the returnee has received a final and binding decision issued by the competent authorities of the requesting Contracting Party to leave the State of that party.  
  5. «Readmission dossier» is a note which includes a readmission request, a list of returnees who are to be returned and the returnees' personal details form. These documents should be transla-ted into the official language of the requested Contracting Party and certified by the competent authorities of the requesting Contracting Party. 

Article 2 
Readmission of citizens of the Contracting Parties

  1. At the request of one of the Contracting Parties, the other Contracting Party shall readmit a citizen who does not, or no longer meets legal requirements of entry or residence in the territory of the requesting Contracting Party, provided that these conditions were fulfilled:  
    1. The person has citizenship of the State of the requested Contracting Party, while simulta-neously not having citizenship of the requesting Contracting Party or any other country;  
    2. The person used to have a legal residence permit in the territory of the requested Contracting Party and does not have permanent residence in a third country;  
    3. The person has been served with a legal notice issued by the competent authority of the requesting Contracting Party on removal from the state of the requesting Contracting Party, in conformity with its laws.  
  2. For a person who meets all requirements provided for in sub-paragraphs 1(a) and 1(c) of this Article and who had permanent residence in a third country before coming to the requesting Contracting Party's territory, the requesting Contracting Party shall allow him/her to return to that third country or to any other country where he/she has a legal residence permit according to their aspirations.  
  3. The requesting Contracting Party shall readmit without delay and without any formalities a returnee if the competent authorities of the requested Contracting Party finds that the person fails to meet the requirements provided for in paragraph 1 of this Article. 

Article 3 
Rights of the returnee  

  1. Transfer and admission of a returnee shall be arranged in conformity with the provisions of this Agreement, the domestic legislation of the Contracting Parties, international law and the principles of order, safety and respect for human dignity, taking into account humanitarian aspects and family unity of the returnee.  
  2. Each Contracting Party shall allow a returnee an appropriate period of time to settle his/her personal matters.  
  3. A returnee is allowed to take or transfer to the territory of the requested Contracting Party any property, including any means of payment, legally acquired during the stay in the territory of the requesting Contracting Party, except for the commodities and vehicles prohibited to be imported into the State of the requested Contracting Party according to its laws.  
  4. The Contracting Parties shall have no obligation whatsoever to cover the costs for the transportation of such belongings as stated in paragraph 3 of this Article. 

Article 4 
Proving or assuming citizenship  

  1. Documents proving Vietnamese citizenship:
      
    1. Valid Vietnamese passport;  
    2. Valid Vietnamese Identity card;  
    3. Valid Decision on naturalization;  
    4. Valid Decision on restoration of Vietnamese citizenship;  
    5. Valid Certificate of Vietnamese citizenship issued by competent authorities in Vietnam and by Vietnamese Diplomatic and Consular Missions abroad.

  2. Documents proving Norwegian citizenship:

    1. Valid Norwegian passport;  
    2. Valid Decision on naturalization;  
    3. Valid Decision on restoration of Norwegian citizenship;  
    4. Valid Certificate of Norwegian citizenship issued by competent authorities in Norway and by Norwegian Diplomatic and Consular Missions abroad.
        
  3. In order to validly assume Vietnamese citizenship or residence permit of a returnee, Norway may submit to Vietnam the following Vietnamese documents: 
     
    1. Copies of documents referred to in paragraph 1 of this Article;  
    2. Expired passports and identity cards;  
    3. Border people's identity card;  
    4. Army identity card;  
    5. Laissez-passer with photo;  
    6. Seaman passports;  
    7. Birth certificates;  
    8. Household registration books;  
    9. Most recent polling card;  
    10. Driving licenses;  
    11. Copies of the documents in sub-paragraphs (b) – (j);  
    12. Written declaration of witnesses;  
    13. Written declaration of the returnees;  
    14. Written report from the language test of the returnee, but only in combination with documents mentioned in sub-paragraphs (a) to (k) and (o);  
    15. Other documents helping to identify citizenship of the returnee.  

  4. In order to validly assume Norwegian citizenship or residence permit of a returnee, Vietnam may submit to Norway the following documents:
      
    1. Copies of documents referred to in paragraph 2 of this Article;  
    2. Expired passports;  
    3. Army identity card;  
    4. Laissez-passer with photo;  
    5. Seaman passports;  
    6. Birth certificates;  
    7. Most recent polling card;  
    8. Driving licenses;  
    9. Copies of the documents in sub-paragraphs (b) – (h);  
    10. Written declaration of witnesses;  
    11. Written declaration of the returnees;  
    12. Written report from the language test of the returnee, but only in combination with documents mentioned in sub-paragraphs (a) to (h) and (m);  
    13. Other documents helping to identify citizenship of the returnee.

  5. If the evidence or validly assumed evidence referred to under paragraphs 1 to 4 of this Article is not sufficient to prove or validly assume citizenship, the competent authority of the requested Contracting Party shall accept an invitation from the requesting Contracting Party to conduct interviews in order to determine citizenship of the persons concerned. All relevant expenses in conjunction with these interviews shall be covered by the requesting Contracting Party. 

Article 5 
Readmission procedures  

  1. After it is determined that a returnee meets all requirements provided for in paragraph 1 of Article 2 of this Agreement, the requesting Contracting Party shall provide the requested Contracting Party with a readmission dossier. The readmission dossier shall be sent to the Diplomatic Mission of the requesting Contracting Party in the State of the requested Contracting Party. The Diplomatic Mission shall forward the readmission dossier to the competent authorities of the requested Contracting Party for processing.  
  2. Within 30 days from the date of receiving all required documents, the requested Contracting Party shall provide a written notification to the Diplomatic Mission of the requesting Contrac-ting Party as to whether or not the requested Contracting Party accepts the return of each individual stated in the readmission dossier mentioned in paragraph 1 of this Article. For a person whose readmission is accepted, the competent authority of the requested Contracting Party shall grant that person a travel document of six months validity, which shall be sent together with the written notification to the Diplomatic Mission. For a person whose readmission is rejected, the requested Contracting Party shall notify the requesting Contracting Party of the reason for the rejection.  
  3. The Requested Contracting Party shall take over the person subject to the readmission procedure immediately after the communication of the approval of the readmission request. The requesting Contracting Party shall within six months from the day the acceptance of return was received from the requested Contracting party organize the return.  
  4. At least 7 days before arrival of the returnee in the territory of the requested Contracting Party, the requesting Contracting Party shall notify the requested Contracting Party of entry border check point, flight number, scheduled flight arrival time, list of returnees and the escorting officers' personal identification details (name in full, date of birth, citizenship, passport number and a scheduled duration of stay in the territory of the requested Contracting Party). The requested Contracting Party shall confirm the time of the readmission immediately.  
  5. The Contracting Parties shall notify each other if the time limits in paragraphs 2 to 4 cannot be met, fully respecting the other Contracting Party's possible legal and practical obstacles. 

Article 6 
Exchange and protection of information  

  1. For the implementation of this Agreement, the information on individual cases provided to the other Contracting Party shall only refer to:  

    1. the particulars of the person to be readmitted, and when necessary, of the members of the person's family, such as surname, given name, any previous name, nickname or pseudonym, aliases, parents' surname and forenames, date and place of birth, sex, current and any previous citizenship, latest address and previous addresses in the territory of the requested Contracting Party.  
    2. passport, travel document, laissez-passer or other identity document (number, date of issue, issuing authority, place of issue, period of validity, etc.);  
    3. other details needed to identify the person to be readmitted;  
    4. evidence from which possession of citizenship and permanent residence may be establis-hed or validly assumed;  
    5. residence permit and/or visa issued by one of the Contracting Parties;  
    6. itineraries, places, tickets or other travel arrangements and their description, if available;  
    7. any other information at the request of one of the Contracting Parties which is required for the purpose of examining the readmission request pursuant to this Agreement.

  2. Each Contracting Party undertakes to:  

    1. use any information received under this Agreement solely for the purpose it has been requested;  
    2. keep confidential the information sent to the requested Contracting Party and not transmit such information to a third Party unless such transmission is authorized by the requesting Contracting Party;  
    3. protect this information against any accidental loss, unauthorized access, alteration or disclosure;  
    4. destroy this information in compliance with any conditions as set forth by the requesting Contracting Party and, if there are no such conditions laid down, as soon as the informa-tion is no longer required for the purpose it has been delivered for. 

Article 7 
Expenses  

  1. The requesting Contracting Party shall bear all the expenses for the transportation of persons to be readmitted, including their escorts, as far as to the international airports of the requested Contracting Party as well as costs of readmission in error provided for in paragraph 3 of Article 2 of this Agreement.  
  2. For the purpose of facilitating the readmission, the requesting Contracting Party shall give financial support for onward transportation to the final destination. 

Article 8 
Provisions on implementation  

  1. Institutions authorized for implementation of this Agreement: 
    For the Kingdom of Norway: 
    The National Police Immigration Service (Politiets Utlendingsenhet) on behalf of the Ministry of Justice and the Police 
    P. O. Box 9277 Grønland 
    N–0134 Oslo, Norway 
    Tel: +4722 34 24 00 
    Telefax: +47 22 34 24 80 
    E-mail: politiets.utlendingsenhet@politiet.no  

    The Directorate of Immigration (Utlendingsdirektoratet) on behalf of the Ministry of Labour and Social Inclusion 
    P. O. Box 8108 Dep 
    N–0032 Oslo, Norway 
    Tel: +47 23 35 15 00 
    Telefax: +47 23 35 15 01 
    Email: udi@udi.no

    For the Socialist Republic of Vietnam: 
    The Ministry of Public Security 
    Immigration Department 
    40A Hang Bai street 
    Hanoi, Vietnam 
    Tel: +844 8 257941 
    Telefax: +844 8 243288/+844 8 243287 
    E-mail: Vnimm@hn.vnn.vn

  2. The representatives of the Contracting Parties shall meet whenever necessary to agree upon the implementation of this Agreement. 

Article 9 
Dispute settlement 

Any dispute arising out of the implementation of this Agreement will be resolved through negotiation.

Article 10 
Final provisions  

  1. This Agreement is concluded for an indefinite period.  
  2. The Contracting Parties shall notify each other in writing, through diplomatic channels, of the fulfillment of the conditions necessary for the entry into force of this Agreement. The Agreement shall enter into force thirty days after the date of receipt of the last notification.  
  3. Each Contracting Party may suspend the implementation of this Agreement, on grounds of protecting national security, public order or public health, by a written notification addressed to the other Contracting Party. The suspension shall be notified to the other Contracting Party through diplomatic channels and become effective as of the date mentioned in the notification. The Agreement shall re-enter into force when the other Contracting Party has been notified by the requesting Contracting Party that the grounds of suspension are no longer present.  
  4. Each Contracting Party may, at any time, in compliance with the legal provisions covered by its national legislation, propose amendments or supplements to this Agreement. The amendments and supplements will be agreed upon through diplomatic channels and come into force according to paragraph 2 of this Article.  
  5. Each Contracting Party may denounce this Agreement by written notification addressed to the other Contracting Party. The denunciation shall become effective on the first day of the second month following the date when such written notification has been received by the other Con-tracting Party.  
  6. The provisions of this Agreement shall not apply to persons entering the territory of the Contracting Parties before the date of entry into force of this Agreement. The Contracting Parties agree to cooperate in interviewing, determining identity and facilitating return of individuals staying on the territories of the Contracting Parties prior to the entry into force of this Agreement. 

Done at Hanoi on 4th July 2007 in two original copies, each in Norwegian, Vietnamese and English languages, all texts being equally authentic. In case of any divergence in their interpretation, the English text shall prevail. 

Latest changes
  • New: 2007-07-04 Agreement between the Government of the Kingdom of Norway and the Government of the Socialist Republic of Vietnam on readmission of citizens (5/6/2014)

    The readmission agreement between Norway and Vietnam that entered into force in 2007, is now available on the portal.

Norwegian Directorate
of Immigration
Utlendingsdirektoratet
P.O. box 2098 Vika
NO-0125 Oslo
Norway

Editor in Chief: Stephan Mo