/Draft/
AGREEMENT

BETWEEN THE GOVERNMENT OF THE SLOVAK REPUBLIC AND THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIETNAM
 ON READMISSION OF CITIZENS OF BOTH STATES

The Government of the Slovak Republic
and
the Government of the Socialist Republic of Vietnam

(Hereinafter referred to as ”Contracting Parties”),

Desirous to develop friendly relations between both States,

Guided by intention to co-operate on the basis of reciprocity in addressing the issues of readmission of citizens illegally present in the territory of the State of the other Contracting Party,

Making efforts to prevent illegal migration,

Have agreed as follows:

Article 1

In accordance with the provisions of this Agreement, each Contracting Party shall, at the request of the other Contracting Party, readmit without any formalities a citizen who does not, or no longer meets legal requirements of entry or residence in the territory of the State of the requesting Contracting Party (hereinafter referred to as “returnee”).

Article 2

1.	Subject to the provisions of Article 1, each Contracting Party shall readmit a returnee who, after verification, meets the following requirements:
a)	Having citizenship of the State of the requested Contracting Party, while simultaneously not having citizenship of the State of the requesting Contracting Party or any other country;
b)	Had a legal permanent residence in the territory of the State of the requested Contracting Party and does not have a permanent residence in a third country;
c)	Is subject to a statutory enforceable deportation order by the competent authority of 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 had a permanent residence in a third country before coming to the State of the requesting Contracting Party’s territory, the requesting Contracting Party shall enable him/her to return to that third country or to any other country where he/she is allowed to reside according their aspirations.

3.	The requesting Contracting Party shall readmit without undue delay and without any formalities a returnee who has not possessed citizenship of the State of the requested Contracting Party or fails to meet the requirements provided for this Article of this Agreement at the date of the admission after verifying by the competent authorities.

Article 3

1.	Handover and admission of a returnee shall be arranged in conformity with the Contracting Parties’ domestic laws and regulations, international law and ensure the principles of order, safety and a respect for the human dignity of the returnees, taking into account humanitarian aspects and family unity of the returnee.

2.	The competent authority of the State of each Contracting Party shall enable a returnee to settle his/her personal matters within no more than 45 days period of time from the date of receipt of acceptance by the other Contracting Party to readmit this person.

3.	A returnee is allowed, in accordance with the national laws of the requesting Contracting Party, to take or transfer to the territory of the State of the requested Contracting Party any property, including any means of payment, legally acquired during the stay in the territory of the State of the requesting Contracting Party.  

Article 4

1.	After it is determined that a returnee meets all requirements provided for in paragraph 1 of Article 2 of this Agreement, the competent authority of the State of the requesting Contracting Party will provide the competent authority of the State of the requested Contracting Party with a readmission dossier which consists of a verbal note and enclosed a request of readmission; a list of returnees who are to be repatriated; returnees’ personal details form; a copy of a deportation order and other documents relating to returnees’ personal identity and citizenship. A copy of a deportation order and all copies of other documents will be translated into English and will be certified by the competent authorities provided for in Article 8 of this Agreement.

2.	Within 45 days from the date of receiving all required documents, the competent authority of the State of the requested Contracting Party shall provide a written notification to the  competent authority of the State of the requesting Contracting Party as to whether or not the requested Contracting Party has accepted the return of each individual stated in the re-admitted dossier mentioned in paragraph 1 of this Article. The requested Contracting Party shall confirm the receipt of the documents within 7 (seven) days to the requesting Contracting Party. For a person whose readmission is accepted, the competent authority of the State of the requested Contracting Party shall grant him or her a substitute travel document and send a written confirmation of readmission of that person to the competent authority of the State of the requesting Contracting Party.

3.	At least 15 days before the repatriation scheduled flight, the competent authority of the State oh the requesting Contracting Party shall notify the competent authority of the State of 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 State the requested Contracting Party). Upon receipt of the abovementioned details the competent authority of the State of the requested Contracting Party shall without delay confirm the time of the readmission.

4.	When handing over the returnee at the State of the requested Contracting Party’s airport, the escorting officers shall transfer to the requested Contracting Party’s authorized officers the documents related to readmission other than those included in the readmission dossier mentioned in paragraph 1 of this Article. The authorized officers of the States of both Contracting Parties shall sign the minutes of the handing-over and admission.

Article 5

Costs of transport of re-admitted returnees to the international airport of the State of the requested Contracting Party and costs of readmission in error provided for in paragraph 3 of Article 2 of this Agreement will be borne by the requesting Contracting Party. 
International airports are:
The Slovak side:
a)	Airport M. R. Stefanika - Airport Bratislava, a. s.
Airport M. R. Stefanika, 823 11 Bratislava 21
Tel.: +421 2 48 57 33 53
Fax: +421 2 48 57 33 32
Email: information@ssl.sk
http://www.letiskobratislava.sk
b)	Airport Kosice-Airport Kosice, a. s.
Airport Kosice, 041 75 Kosice
Tel.:+421 55 68 32 123
Fax:+421 55 68 32 202
Email:sekretariat@airportkosice.sk
http://www.airportkosice.sk

The Vietnamese side:
a)	Noi Bai International Airport, Hanoi
	Tel.:+84 4 8865230
	Fax:+84 4 8843462
	Email: Vnimm@hn.vnn.vn
b)	Tan Son Nhat International Airport, Ho Chi Minh City
	Tel.:+84 8 8440050
	Fax:+84 8 8488485
	Email: Vnimm@hn.vnn.vn
Article 6

1.	The necessary personal data communicated for the purpose of implementing this Agreement shall be protected in compliance with laws and regulations of the States of the Contracting Parties.

2.	In implementing this Agreement, both Contracting Parties should exchange only the following data:
a)	Personal data of the person to be readmitted and of the family members of that person (name in full, any previous names, alias, date and place of birth, sex, current and previous citizenship);
b)	Data related to passport, identity card, other documents for proving the returnees’ personal identity, travel document and laissez-passers (number, validity, date of issue, issuing authority and place of issue, etc.);
c)	Other necessary data for returnees’ personal identity verification;
d)	Repatriation flight details.

Article 7

1.	Slovak citizenship of a returnee shall be proved by one of the following valid documents:
a)	Slovak travel document;
b)	Identification card of the Slovak Republic; 
c)	Identity card of the Czechoslovak Republic, Czechoslovak Socialist Republic or Czech and Slovak Federative Republic indicating citizenship of the Slovak Republic;
d)	Certificate of citizenship of the Slovak Republic.

2.	Vietnamese citizenship of a returnee shall be proved by one of the following valid documents:
a)	Vietnamese passport;
b)	Vietnamese Identity card;
c)	Certificate of Vietnamese citizenship;
d)	Decision on naturalization or on restoration of Vietnamese citizenship.

3.	In order to verify Slovak citizenship and permanent residence of a returnee the requesting Contracting Party may submit to the requested Contracting Party some of the following Slovak documents: 
a)	Invalid documents referred to in paragraph 2 of this Article; 
b)	Military service record book or other identity document issued to the members of armed forces;
c)	Birth certificate;
d)	Driving license;
e)	Photocopy of the aforementioned documents.

4.	In order to verify Vietnamese citizenship and permanent residence of a returnee, the requesting Contracting Party may submit to the requested Contracting Party some of the following Vietnamese documents: 
a)	Expired passport;
b)	Border people's identity card;
c)	Army's identity card;
d)	Laissez-passer with photo;
e)	Ship-crew passport;
f)	Birth certificate;
g)	Household registration book;
h)	Most recent polling card;
i)	Driving license.

5.	The Contracting Parties shall, through diplomatic channels, exchange specimens of the documents indicated in paragraphs 1 and 2 of this Article by the date of entry into force of this Agreement at the latest.

Article 8

1.	The competent authorities authorized to receive and process requests for the readmission of returnees referred to in the Article 4 of the Agreement are:

a) The Slovak side:
Ministry of Interior of the Slovak Republic
Presidium of the Police Force
Bureau of Border and Aliens Police

Address: Vajnorská 25, 812 72 Bratislava, Slovak Republic
Tel: +421 09610 507 01, 09610 507 07
Fax: +421 09610 590 74, 09610 590 79
e-mail: uhcp@minv.sk

b) The Vietnamese side:
Ministry of Public Security of Vietnam, 
Immigration Department 
Address: 40 A Hang Bai St., Hanoi, Vietnam
Tel: +84 4 825 7941
Fax: +84 4 824 3288, 824 3287
e-mail: Vnimm@hn.vnn.vn

2.	The communication between the competent authorities shall be carried out in English.

Article 9

1.	The Contracting Parties shall not apply the provisions of this Agreement to the citizens of one Contracting Party if determined that these citizens entered the territory of the State of the other Contracting Party prior to the date of entry into force of this Agreement.

2.	This Agreement shall not affect obligations of the Contracting Parties arising from:     
a)	International agreements concerning readmission or transfer of citizens of the third countries.
b)	The Convention on the Status of Refugees of the July 28th, 1951 and the Protocol of January 31st, 1967 on the Status of Refugees. 
c)	Other bilateral and multilateral agreements which are binding on either Party.

Article 10

1.	This Agreement is concluded for an indefinite term. 

2.	This Agreement shall come into force 15 (fifteen) days following the date of receipt of the latter notification, by which the Contracting Parties shall, through diplomatic channels, notify each other of the fulfillment of the conditions necessary for entry into force of this Agreement according to the national legislation. 

3.	This Agreement may be amended and supplemented by exchange of notes upon agreement between both Contracting Parties. 
 
4.	Each Contracting Party may denounce this Agreement by written notification through diplomatic channels. In such case this Agreement shall expire on the 90. (ninetieth) day following the day of the delivery of the notice of termination to the other Contracting Party.

Done at .................................... on ......................................... in two original copies, each in Slovak, Vietnamese and English languages, all texts being equally authentic. In case of any discrepancies in their interpretation, the English text shall prevail.

For the Government
of the Slovak Republic 	              For the Government 
          of the Socialist Republic of Vietnam