NATIONAL ASSEMBLY
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness --------------- |
No. 47/2014/QH13
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Hanoi, June 16, 2014
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LAW
Pursuant to the Constitution of
Socialist Republic of Vietnam;
The National Assembly promulgates
the Law on Entry, exit, transit, and residence of foreigners in Vietnam.
Chapter I
GENERAL REGULATIONS
Article 1. Scope
This Law deals with the rules,
conditions, procedures , rights and obligations of foreigners who enter, leave,
and reside in Vietnam; rights and obligations of Vietnamese authorities and
other entities to foreigners’ entry, exit, and residence in Vietnam.
Article 2. Regulated entities
This Law deals is applied to
foreigners who enter, leave, transit through, and reside in Vietnam, Vietnamese
authorities, relevant Vietnamese and foreign entities.
Article 3. Interpretation of
terms
In this Law, the terms below are
construed as follows:
1. Foreigners are those who carry
papers proving their foreign nationalities, or those without nationalities who
enter, leave, transit through, or reside in Vietnam.
2. Papers proving foreign
nationalities are papers issued by foreign authorities or the UN, including
passports or passport substitutes (hereinafter referred to as passports).
3. International laissez-passer
means a document issued by a competent authority of a country to a person
without nationality who is residing therein, and is accepted by Vietnamese
authorities.
4. Entry means a foreigner’s
entering into Vietnam through a Vietnam’s border checkpoint.
5. Transit means a foreigner’s
passing or staying within the area for transit passengers at a border
checkpoint of Vietnam before going to a third country.
6. Exit means a foreigner’s leaving
Vietnam through a Vietnam’s border checkpoint.
7. Suspension of exit means a
decision of competent person of Vietnam to suspend a foreigner residing in
Vietnam from leaving Vietnam for a certain period of time.
8. Compelled exit means a
decision of competent person of Vietnam to compel a foreigner residing in
Vietnam to leave Vietnam through a Vietnam’s border checkpoint.
9. Residence means a foreigner’s
permanent or temporary residence in Vietnam.
10. Border checkpoint is a place
where foreigners are granted entry, exit, or transit.
11. Visa means a document issued
by a competent authority of Vietnam to a foreigner to grant entry into Vietnam.
12. Temporary residence
permit means a certification by a Vietnamese authority of the period over which
the foreigner may temporarily reside in Vietnam.
13. Temporary residence card is a
document issued by an immigration authority or a competent authority of the
Ministry of Foreign Affairs to a foreigner who is permitted to reside in
Vietnam for a certain period of time. This card has the same validity as a
visa.
14. Permanent residence card is a
document issued by an immigration authority to a foreigner who is permitted to
reside indefinitely in Vietnam. This card has the same validity as a visa.
15. Immigration authority is an
agency affiliated to the Ministry of Public Security specialized in
administration of entry, exit, transit, and residence of foreigners in Vietnam
.
16. Immigration control units are
units that control the entry, exit, and transit of foreigners in Vietnam at
border checkpoints.
17. Overseas visa-issuing
authorities of Vietnam include diplomatic missions or other agencies of Vietnam
located overseas and authorized to act as consulates.
Article 4. Entry, exit, transit,
and residence must:
1. Comply with this Law, and other
relevant regulations of law of Vietnam or international agreements to which
Vietnam is a signatory.
2. Respect the independence,
sovereignty, unity, and territorial integrity; ensure national security, social
order, and equality in international relationship.
3. Ensure transparency and
convenience for foreigners; ensure tight and consistent administration of
entry, exit, transit, and residence of foreigners in Vietnam.
4. Any foreigner who has multiple
passports may use only one passport for his/her entry, exit, transit, and
residence in Vietnam.
Article 5. Prohibited acts
1. Obstructing foreigners and
relevant entities from exercising their rights or discharging their duties in
accordance with regulations of law on entry, exit, transit, and residence of
foreigners in Vietnam.
2. Establishing procedures or
requiring documents against this Law and relevant regulations of law; harass
foreigners when they are following for entry, exit, transit, or residence in
Vietnam.
3. Illegal entry, exit, or residence
in Vietnam; using fake documents to enter, leave, transit through, or reside in
Vietnam.
4. Providing false information or
documents in order to obtain permission for entry, exit, transit, or residence
in Vietnam.
5. Taking advantage of entry, exit,
transit, or residence in Vietnam to act against Socialist Republic of Vietnam,
infringe upon the lawful rights and interests of other entities.
6. Buying, selling, leasing,
lending, borrowing, falsifying entry/exit/residence permits in order for
foreigners to enter, leave, transit through, or reside in Vietnam.
Article 6. Revocation,
invalidation of entry/exit/residence permits
issued by Vietnamese competent authorities
Any foreigner that violations
regulations of Clauses 3 through 6 Clause 5, Clause 3 Article 21, Point b
Clause 2 Article 44 of this Law shall have his/her entry/exit/residence permit
permit revoked.
Chapter II
VISA
Article 7. Uses and formats of
visa
1. A visa may be used one or
multiple times and its purpose must not be changed.
2. Each person shall be issued with
a separate visa, except for children under 14 who will be issued with visas in
the same passports of their parents or guardians.
3. Visa shall be issued in the
passport or issued separately.
Article 8. Visa symbols
1. NG1 - Issued to members of
delegations invited by the Secretary General of Vietnam’s Communist Party of,
the President of Vietnam, the President of the National Assembly, the Prime
Minister.
2. NG2 - issued to members of
delegations invited by standing members of the Secretariat of the Vietnam’s
Communist Party, Deputy President of Vietnam, Deputy President of the National
Assembly, Deputy Prime Minister, President of Vietnamese Fatherland Front,
Executive Judge of The Supreme Court, Chief Procurator of the Supreme
Procuracy, State Auditor General; members of delegations at the same levels of
Ministers, Secretary Generals of Provincial Communist Authorities, President of
the People’s Committees of provinces.
3. NG3 - Issued to members of
diplomatic missions, consular offices, representative offices of international
organizations affiliated to the UN, representative offices of intergovernmental
organizations and their spouses, children under 18 years of age, and housemaids
during their term of office.
4. NG4- Issued to people who come to
work with diplomatic missions, consular offices, representative offices of
international organizations affiliated to the UN, representative offices of
intergovernmental organizations, visitors of members of diplomatic missions,
consular offices, representative offices of international organizations
affiliated to the UN, and representative offices of intergovernmental
organizations.
5. LV1 - Issued to people who come
to work with units affiliated to Vietnam’s Communist Party; the National
Assembly, the government, Central Committee of Vietnamese Fatherland Front, the
People’s Supreme Court, the People’s Supreme Procuracy, State Audit Agency,
Ministries, ministerial agencies, Governmental agencies, the People’s Councils,
the People’s Committees of provinces.
6. LV2 - Issued to people who come
to work with socio-political organizations, social organizations, Vietnam
Chamber of Commerce and Industry.
7. ĐT - Issued to foreign investors
in Vietnam and foreign lawyers practicing in Vietnam.
8. DN - Issued to people who come to
work with companies in Vietnam.
9. NN1 - Issued to Managers of
representative offices or projects of international organizations and foreign
non-governmental organizations in Vietnam.
10. NN2 - Issued to heads of
representative offices, branches of foreign traders, representative offices of
other foreign economic, cultural, professional organizations in Vietnam.
11. NN3 - Issued to people who come
to work with foreign non-governmental organizations, representative offices,
branches of foreign traders, representative offices of other foreign economic,
cultural, professional organizations in Vietnam.
12. DH - Issued to people who come
to study or serve internship.
13. HN - Issued to people who come
to attend conventions or conferences.
14. PV1 - Issued to journalists who
have permanent residences in Vietnam.
15. PV2 - Issued to journalists who
come to work for a short period of time in Vietnam.
16. LĐ - Issued to people who come
to work.
17. DL - Issued to tourists.
18. TT - Issued to foreigners that
are parents, spouse, children under 18 years of age of the foreigners issued
with LV1, LV2, ĐT, NN1, NN2, UNIVERSITY, PV1, LĐ visas, or foreigners that are
parents, spouse, children of Vietnamese citizens.
19. VR - Issued to people who come
to visit their relatives or for have other purposes.
20. SQ - Issued to people in the
cases mentioned in Clause 3 Article 17 of this Law.
Article 9. Visa duration
1. The duration of a SQ visa is not
longer than 30 days.
2. The duration of a HN or DL visa
is not longer than 03 months.
3. The duration of a VR visa is not
longer than 06 months.
4. The duration of a NG1, NG2, NG3,
NG4, LV1, LV2, DN, NN1, NN2, NN3, DH, PV1, PV2 or TT visa is not longer than 12
months.
5. The duration of a LĐ visa is not
longer than 02 years.
6. The duration of a ĐT visa is not
longer than 05 years.
7. When a visa is expired, its
reissuance shall be considered.
8. The duration of a visa shall be
at least 30 days shorter than that of a passport or international
laissez-passer.
Article 10. Conditions for visa
issuance
A person shall be issued with a visa
when he/she:
1. Has
a passport or laissez-passer.
2. Is invited or sponsored by an
organization or individual in Vietnam, except for the cases mentioned in Clause
3 Article 17 of this Law.
3. Not suspended from entry in the
cases mentioned in Article 21 of this Law.
4. Proof of entry purposes must be
provided when applying for a visa in the following cases:
a) Any foreigner who comes to make
investment must have papers proving the investment in Vietnam in accordance
with the Law on Investment;
b) Any foreigner who works as a
lawyer in Vietnam must have a practice license in accordance with the Law of
Lawyers;
c) Any foreigner who comes to work
in Vietnam must have work permits in accordance with the Labor Code;
d) Any foreigner who comes to study
in Vietnam must have written acceptance of a school or an education institution
in Vietnam.
Article 11. Cases in which visas
are issued separately
1. The passport has no more blank
pages to issue visa.
2. The passport is issued by a
government that has not had a diplomatic relation with Vietnam.
3. Laissez-passer.
4. For reasons of diplomacy, or
national defense and national security.
Article 12. Cases of visa-free entry
1. The cases prescribed in
international agreements to which Vietnam is a signatory.
2. Permanent residence cards and
temporary residence cards are used in accordance this Law.
3. Entry to checkpoint economic
zones, special administrative - economic units.
4. Under regulations in Article 13
of this Law.
5. Vietnamese people residing
overseas who have passports or laissez-passers issued by foreign authorities,
foreigners being their spouses or children; foreigners being spouses and
children of Vietnamese citizens shall be granted visa-free entry as prescribed
by the government.
Article 13. Unilateral visa-free
entry
1. A decision to unilaterally grant
visa-free entry to citizens of a country must satisfy the following conditions:
a) The country has a diplomatic
relation with Vietnam;
b) The decision is conformable with
the policies on socio-economic development and diplomacy of Vietnam in each
period;
c) The decision does not threaten
national defense, national security, social safety and social order of Vietnam.
2. The validity period of a decision
to unilaterally grant visa-free entry shall not exceed 05 years and may be
extended. A decision to unilaterally grant visa-free entry shall be invalidated
if any of the conditions in Clause 1 of this Article are not satisfied.
3. A decision to unilaterally grant
visa-free entry shall be invalidated if any of the conditions in Clause 1 of
this Article is not satisfied.
Article 14. Entities that invite
or sponsor foreigners
1. Entities that invite or sponsor
foreigners to enter Vietnam (hereinafter referred to as inviting entities)
according to Clause 2 Article 10 of this Law include:
a) Secretary General of Vietnam’s
Communist Party, the President of Vietnam, the President of the National
Assembly, the Prime Minister;
b) Standing members of the
Secretariat of Vietnam’s Communist Party, Deputy President of Vietnam, Deputy
President of the National Assembly, Deputy Prime Minister, President of Central
Committee of Vietnamese Fatherland Front, Executive Judge of The People’s
Supreme Court, the Chief Procurator of the Supreme People’s Procuracy, State
Auditor General; Ministers and the equivalent, Secretary Generals of provincial
Communist authorities, Presidents of the People’s Councils, Presidents of the
People’s Committees of provinces;
c) The agencies and units affiliated
to Central Communist Party Agency of Vietnam, agencies of the National
Assembly, agencies affiliated to Standing Committee of the National Assembly,
Central Committee of Vietnamese Fatherland Front, The People’s Supreme Court,
the People’s Supreme Procuracy, State Audit Agency, ministerial agencies,
Governmental agencies;
d) Provincial communist parties, the
People’s Councils, the People’s Committees of provinces;
dd) Central agencies of socio-political
organizations, social organizations, Vietnam Chamber of Commerce and Industry;
e) Companies established within
Vietnam’s Law;
g) Diplomatic missions, consular
offices, representative offices of international organizations affiliated to
the UN, intergovernmental organizations in Vietnam;
h) Representative offices, branches
of foreign traders; representative offices of other foreign economic, cultural,
and professional organizations in Vietnam;
i) Other organizations with legal
status as prescribed by Vietnam’s law;
k) Vietnamese citizens residing in
Vietnam, foreigners having temporary residence cards or permanent residence
cards.
2. The aforementioned entities must
invite or sponsor foreigners within the functions, tasks, and entitlements
prescribed by law or by the operating licenses issued. Vietnamese citizens
residing in Vietnam, foreigners having temporary residence cards or permanent
residence cards may invite or sponsor foreigners to visit Vietnam, and must
present papers proving their relationship with the persons invited or
sponsored.
Article 15. Procedures for
inviting, sponsoring foreigners to enter Vietnam at competent authorities of
the Ministry of Foreign Affairs
1. Each of the foreigners mentioned
in Clauses 1, 2, 3, and 4 Article 8 of this Law shall send an application to a
competent authority of the Ministry of Foreign Affairs via the inviting entity.
2. Any entity that invites or
sponsors a foreigner as prescribed in Clause 1 and Clause 2 Article 8 of this
Law must send a written notification to a competent authority of the Ministry
of Foreign Affairs in order for an overseas agency of Vietnam competent to
issue visas to issue a visa (if a visa is required), and notify the immigration
authority.
3. The inviting entity mentioned in
Clause 3 and Clause 4 Article 8 of this Law shall directly send an application
for the visa to a competent authority of the Ministry of Foreign Affairs. The
competent authority of the Ministry of Foreign Affairs shall send a written
notification to the immigration authority. Within 02 working days, if the
immigration authority does not offer any opinions, the competent authority of
the Ministry of Foreign Affairs shall reply the inviting entity and request the
overseas visa-issuing authority of Vietnam to issue the visa (if a visa is
required).
4. If the application is submitted at a border
checkpoint, it is required to specify the border checkpoint, entry time, and
reasons for applying for the visa at the border checkpoint.
5. After receiving the written
response from the competent authority of the Ministry of Foreign Affairs, the
inviting entity shall request the foreigner to follow the procedures for
receiving the visa at overseas visa-issuing authority of Vietnam.
6. The entity that applies for the
grant of a visa to a foreigner at an overseas visa-issuing authority of Vietnam
shall pay the fee for notification of visa issuance to the competent authority
of the Ministry of Foreign Affairs.
Article 16. Procedures for
inviting, sponsoring foreigners to enter Vietnam at immigration authorities
1. Foreigners other than those
mentioned in Clauses 1, 2, 3, and 4 Article 8 of this Law must follow the
procedures at the immigration authority via the inviting entities. The inviting
entity shall directly submit the application for the visa at the immigration
authority.
2. Before following the procedures
for inviting or sponsoring a foreigner to enter Vietnam, the social
organization, company, or another organization having a legal status as
prescribed by Vietnam’s law, the branch of a foreign trader, the representative
office of a foreign economic, cultural, and professional organization in
Vietnam must send a written notifications to the immigration authority together
with a dossier that consists of:
a) A certified true copy of the
license or decision of the competent authority on establishment of the
organization.
b) A document introducing the seal
and signature of a competent person of the organization.
The notification shall only be sent
once. If the contents of the dossier are change, an additional notification
shall be sent.
3. Within 05 working days from the
receipt of the application for the visa, the immigration authority shall
consider granting it, send a response to the inviting entity, and notify the
overseas visa-issuing authority of Vietnam.
4. After receiving the written
response from the immigration authority, the inviting entity shall notify the
foreigner to follow the procedures for receiving the visa at the overseas
visa-issuing authority of Vietnam.
5. In case the visa is applied for at a border
checkpoint, the immigration authority shall consider the application within 03
working days from the receipt of sufficient documents in the cases mentioned in
Points a, b, c, and d Clause 1 Article 18 of this Law; and within 12 working
hours from the receipt of sufficient documents in the cases mentioned in Point
dd and Point e Clause 1 Article 18 of this Law.
6. Any entity that applies for a
visa for a foreigner at an overseas visa-issuing authority of Vietnam must pay
the fee for notification of visa issuance to the immigration authority.
Article 17. Issuance of visa at
an overseas visa-issuing authority of Vietnam
1. Within 01 working days from the
receipt of a directive from a competent authority of the Ministry of Foreign
Affairs, the passport and the application for visa with pictures in the cases
mentioned in Clause 2 Article 15 of this Law, the overseas visa-issuing
authority of Vietnam shall issue the visa.
2. In cases other than those mentioned in Clause 1 of
this Article, after receiving the notification from the inviting entity, the
foreigner shall submit the passport, the application and his/her pictures to
the overseas visa-issuing authority of Vietnam.
Every child under 14 years of age who is issued with a visa in the same
passport of his/her parent or guardian is no required to apply for a visa in
case he/she uses the same visa as his/her parent or guardian.
Within 03 working days from the
receipt of the notification from the immigration authority or a competent
authority of the Ministry of Foreign Affairs, the overseas visa-issuing
authority of Vietnam shall issue the visa.
3. The head of the overseas
visa-issuing authority of Vietnam shall issue a visa that is valid for not more
than 30 days to the following foreigners who comes to Vietnam for the purpose
of market survey, tourism, visiting relatives, or medical treatment:
a) Any person who has works to do
with an overseas visa-issuing authority of Vietnam, his/her spouse and
children; any person that presents a written request by a competent agency of
the Ministry of Foreign Affairs of the host country;
b) Any person who presents a
diplomatic note of sponsorship by a foreign diplomatic mission or consular
office at the host country.
4. After the visa is issued in the
cases mentioned in Clause 3 of this Article, the head of the overseas
visa-issuing authority of Vietnam must notify the immigration authority and
bear responsibility of the visa issuance.
Article 18. Visa issuance at
border checkpoints
1. A foreigner shall be issued with
a visa at a border checkpoint in the following cases:
a) The foreigner departs from a
country that does not have any visa-issuing authority of Vietnam;
b) The foreigner has to stop by
multiple countries before arriving at Vietnam;
c) The foreigner comes to Vietnam to
take a tour organized by an international tourism company in Vietnam;
d) Foreign crewmembers of a ship
anchoring at a Vietnam’s port and wish to leave Vietnam through another border
checkpoint;
dd) The foreigner comes to Vietnam
to attend a funeral of his/her relative, or to visit a gravely ill relative;
e) The foreigner comes to Vietnam to
participate in dealing with an emergency, rescue, prevention of natural
disasters, epidemics, or for another purpose at the request of a competent
authority of Vietnam.
2. Any foreigner issued with a visa
at a border checkpoint shall submit his/her passport or laissez-passer, fill
the application for the visa, and append his/her picture at the immigration
counter. A child under 14 years of age shall be mentioned in the same
application filled by his/her parent or guardian in case the child use the same
passport of his/her parent or guardian.
3. The immigration counter shall
compare the application with the notification of the immigration authority to
issue the visa.
Article 19. Visa issuance at a
immigration authority or competent authority of the Ministry of Foreign Affairs
1. Any foreigner who has a
temporary residence in Vietnam and wishes to obtain a new visa shall request
the inviting entity to follow the procedures at an immigration authority or a
competent authority of the Ministry of Foreign Affairs.
2. The inviting entity mentioned in
Clause 1 of this Article shall directly send an application for the visa
enclosed with a passport or laissez-passer of the invited foreigners to the
immigration authority or a competent authority of the Ministry of Foreign
Affairs.
3. Within 05 working days from the
receipt of sufficient documents, the immigration authority or competent
authority of the Ministry of Foreign Affairs shall consider issuing the visa.
Chapter III
ENTRY
Article 20. Conditions for entry
A foreigner shall be granted entry
into Vietnam when all of the conditions below are satisfied:
1. The foreigner has a
passport/laissez-passer and a visa.
Any foreigner that enters Vietnam
and is unilaterally granted visa-free entry must have a passport that is still
valid for at least 06 months, and the entry date must be at least 30 days from
the previous exit;
2. The foreigner is not suspended
from entry as prescribed in Article 21 of this Law.
Article 21. Cases of suspension
from entry
1. Any of the conditions in Clause 1
Article 20 of this Law is not satisfied.
2. Children under 14 years of age
without parents, guardians or authorized custodians.
3. Forging papers or providing false
information to obtain entry/exit/residence permit.
4. Any person suffering from a
mental disease or infectious disease that threatens the public health.
5. Any person that was deported from
Vietnam within the last 03 years.
6. Any person that was compelled to
leave Vietnam within the last 06 months.
7. For reasons of epidemic
prevention.
8. For reasons of natural disasters.
9. For reasons of national defense,
national security, social order, and social safety.
Article 22. Entitlement to decide
suspension from entry
1. The head of the immigration unit
shall decide suspension from entry in the cases mentioned in Clauses 1, 2, 3,
4, 5 and 6 Article 21 of this Law.
2. The Minister of Health shall
decide suspension of entry in the cases mentioned in Clause 7 Article 21 of
this Law.
3. The Minister of Agriculture and
Rural development shall decide suspension of entry in the cases mentioned in
Clause 8 Article 21 of this Law.
4. The Minister of Public Security
and the Minister of National Defense shall decide suspension of entry in the
cases mentioned in Clause 9 Article 21 of this Law.
5. The persons competent to decide
suspension of entry are also competent to lift such suspension and take
responsibility for their decision.
Chapter IV
TRANSIT
Article 23. Conditions for
transit
A foreigner shall be granted transit
when all of the documents below are presented:
1. A
passport or a laissez-passer;
2. A ticket that matches the route
to the third country;
3. The visa issued by the third
country, except for cases in which visa-free entry is granted.
Article 24. Transit passenger
area
1. Transit passenger area is an area
within a border checkpoint where foreigners may stay before going to the third
country.
2. The transit passenger area shall
be decided by the authority in charge of the border checkpoint.
Article 25. Transit by air
1. Foreigners that transit by air
are not required to obtain a visa and must stay within the transit passenger
area of the international airport pending the connecting flight.
2. During the transit, any foreigner
that wishes to enter Vietnam for the purpose of tourism according to a schedule
designed by an international tourism company n Vietnam, such foreign shall be
considered to be issued with a visa that matches the transit duration.
Article 26. Transit by sea
Foreigners that transit by sea are
not required to obtain a visa and must stay within the transit passenger area
of the seaport while the ship is anchoring; any of them who wishes to enter Vietnam
for the purpose of tourism according to a schedule designed by an international
tourism company n Vietnam; any of them who wishes to leave Vietnam through
another border checkpoint shall be considered to be issued with a VR visa.
Chapter
V
EXIT
Article
27. Conditions for exit
A foreigner shall be granted exit
from Vietnam when all of the conditions below are satisfied:
1. The foreigner has a
passport/laissez-passer;
2. The foreigner has an unexpired
temporary residence permit, temporary residence card or permanent residence
card;
3. The foreigner is not suspended
from exit as prescribed in Article 28 of this Law.
Article 28. Cases of suspension
from exit and duration of suspension
1. A foreigner may be suspended from
exit in one of the following cases:
a) He/she is currently the suspect,
the accused, or the person with relevant obligations in a criminal case; a
defendant or a person with relevant obligations in a civil case pertaining to
business, employment, administration, marriage and familial affairs;
b) He/she has to implement a
judgment or decision of the Court or a Competition Settlement Council;
c) His/her tax obligation is not
fulfilled;
d) He/she is obliged to implement a
decision on penalties for administrative violations;
dd) For reasons of national defense
and security.
2. Clause 1 of this Article is not
applied to people who is serving a prison sentence and taken abroad to provide
evidence as prescribed by Article 25 of the Law on Judicial assistance.
3. The duration of suspension from
exit shall not exceed 03 years and may be extended.
Article 29. Entitlements to
decide exit suspension, extend duration of exit suspension, and lift exit
suspension
1. Heads of investigation agencies,
Heads of Procuracies, Executive Judges of Courts, Chiefs of Judicial Order
Enforcement Agencies, Presidents of Competition Settlement Councils, within the
ambit of their competence, shall decide exit suspension in the cases mentioned
in Point a and Point b Clause 1 Article 28 of this Law.
2. Heads of tax authorities shall
decide exit suspension in the cases mentioned in Point c Clause 1 Article 28 of
this Law.
3. The Minister of Public Security
shall suspend the foreigners mentioned in Point d Clause 1 Article 28 of this
Law from exit in the following cases:
a) Any foreigner obliged to
implement a decision on penalties for administrative violations imposed by a
police authority;
b) At the request of the Executive
Judge of the People’s Supreme Court, Ministers, Heads of ministerial agencies,
Presidents of the People’s Committees of provinces.
4. The Minister of Public Security
and the Minister of National Defense shall decide suspension of entry in the
cases mentioned in Point dd Clause 1 Article 28 of this Law.
5. Any person competent to decide
suspension of exit is also entitled to extend the suspension period, lift such
suspension, and take responsibility for his/her decision.
Any person that decides a suspension
of exit must lift if right after the reasons for suspension no longer exist.
6. The decision on suspension of exit, extension of
suspension period, or lift of suspension must be promptly sent to the
immigration authority and the suspended person.
7. After receiving the decision on
suspension of exit, extension of suspension period, or lift of suspension the immigration
authority shall implement it.
Article 30. Compelled exit
1. A foreigner may be compelled to
leave Vietnam in one of the following cases:
a) The foreigner fails to leave
Vietnam after the expiration of the temporary residence period;
b) For reasons of national defense,
national security, social order, and social safety.
2. Entitlements to decide compelled
exit:
a) Immigration authorities shall
decide compelled exit in the cases mentioned in Point a Clause 1 of this
Article;
b) The Minister of Public Security,
the Minister of National Defense shall decide compelled exit in the cases
mentioned in Point b Clause 1 of this Article.
Chapter VI
RESIDENCE
Section 1: TEMPORARY RESIDENCE
Article 31. Temporary residence
permit
1. The immigration unit shall issue
temporary residence permits to foreigners by appending a seal in their
passports or separate visas with the following time limits:
a) The duration of the certificate
of temporary residence is the same as the duration of the visa. If the duration
of the visa is not longer than 15 days, the duration of the temporary residence
permit shall be 15 days. If the visa symbol is ĐT or LĐ, the duration of the
temporary residence permit shall not exceed 12 months, and the issuance of a
temporary residence card shall be considered;
b) For the persons granted visa-free
entry under international agreements to which Vietnam is a signatory, the
duration of temporary residence permit shall comply with such international
agreements, or shall be 30 days if it is not specified by the international
agreements;
c) For the persons visa-free entry
to a checkpoint economic zones, the duration of temporary residence permit
shall be 15 days, and 30 days for those granted visa-free entry to special
administrative - economic units.
d) The duration of temporary
residence permits issued to nationals of the countries to which Vietnam grant
visa-free entry shall be 15 days;
dd) Temporary residence permits
shall not be issued to foreigners who have unexpired permanent residence cards
or temporary residence cards.
2. Foreigners may temporarily reside
in Vietnam through out the duration of the temporary residence permit issued.
3. The time limit for temporary
residence may be shortened or invalidated by the immigration authority when the
foreigner violates Vietnam’s law.
Article 32. Lodging
establishments
Lodging establishments are places
where foreigners temporary reside within Vietnam’s territory, including lodging
establishments for tourists, guesthouses, housing areas for foreigners who
work, study, or serve their internship in Vietnam, medical facilities, private
houses, and other lodging establishments defined by law.
Article 33. Declaration of
temporary residence
1. Any foreigner that temporary
resides in Vietnam must, via the manager of the lodging establishment, declare
his/her temporary residence at the local police authority.
2. The manager of the lodging
establishment shall complete the declaration form and submit it to the local
police authority within 12 hours (or within 24 hours if the administrative
division is in a remote area) since the foreigner arrives at the lodging
establishment.
3. Lodging establishments that are
hotels must have Internet access or connect to the computer network of the
immigration authority affiliated to the provincial police authority to transmit
foreigners’ declarations of temporary residence. Other lodging establishments
that have Internet access may directly send the foreigners’ declarations of
temporary residence to the email address of the immigration authority
affiliated to the provincial police authority.
4. Any foreigner that changes his
temporary residence or resides at a place other than that written in the
temporary residence card must submit a declaration of temporary residence as
prescribed in Clause 1 of this Article.
Article 34. Temporary residence
in industrial parks, export-processing zones, checkpoint economic zones,
coastal economic zones, bordering areas, and special administrative - economic
units
1. Foreigners may reside in lodging
establishments in industrial parks, export-processing zones, checkpoint
economic zones, and coastal economic zones, and shall declare their temporary
residence in accordance with Article 33 of this Law.
2. Foreigners must not temporarily
resides in prohibited areas, areas in bordering areas on land where activities
are suspended; prohibited zones, and restricted areas in bordering areas at
sea. Foreigners may reside in lodging establishments in industrial parks,
export-processing zones, checkpoint economic zones, and coastal economic zones,
and shall declare their temporary residence in accordance with Article 33 of
this Law. Agencies that receive declarations of temporary residence of
foreigners shall notify the border guard stations in the same administrative
division where the lodging establishment is situated.
Article 35. Extension of
temporary residence status
1. Any foreigner who is temporarily
residing in Vietnam and wish to have the temporary residence status extended
must request the inviting entity to follow the procedures at an immigration
authority or a competent authority of the Ministry of Foreign Affairs.
2. The inviting entity mentioned in
Clause 1 of this Article shall directly send the written request for extension
of the temporary residence status enclosed with a passport or laissez-passer of
the foreigner to the competent authority of the Ministry of Foreign Affairs in
the cases mentioned in Clauses 1, 2, 3, and 4 Article 8 of this Law, or at the
immigration authority in the cases mentioned in Clause 1 Article 16 of this
Law.
3. Within 05 working days from the
receipt of sufficient documents, the immigration authority or the competent
authority of the Ministry of Foreign Affairs shall consider extending temporary
residence status.
Article 36. Cases in which
temporary residence cards are issued and symbols of temporary residence cards
1. Foreigners being members of
diplomatic missions, consular offices, representative offices of international
organizations of the UN, intergovernmental organizations in Vietnam, their
spouses, children under 18 years of age, and housemaid that go along during
their term of office shall be issued with temporary residence cards with the
symbol NG3.
2. Foreigners issued with LV1, LV2,
ĐT, NN1, NN2, DH, PV1, LĐ, TT visas shall be issued with temporary residence
cards with the same symbols.
Article 37. Procedures for
issuance of temporary residence card
1. An application for the temporary
residence card consists of:
a) A written request from the
inviting entity;
b) A declaration bearing a picture;
c) The passport;
d) Papers proving the status
mentioned in Article 36 of this Law.
2. An application for a temporary
residence card shall be processed as follows:
a) The diplomatic mission, consular
office, or another agency authorized by the foreigner in Vietnam shall send the
application for the NG3 temporary residence card to a competent authority of
the Ministry of Foreign Affairs;
b) The inviting entity shall
directly submit the application for issuance of the temporary residence card to
the foreigner to the immigration authority in the same administrative division
in which the inviting entity is based or residing.
c) Within 05 working days from the
receipt of sufficient documents, the immigration authority or the competent authority
of the Ministry of Foreign Affairs shall consider issuing the temporary
residence card.
Article 38. Duration of temporary
residence cards
1. The duration of a temporary
residence card is at least 30 days shorter than the remaining duration of the passport.
2. The duration of a NG3, LV1, LV2,
ĐT or DH temporary residence card shall not exceed 05 years.
3. The duration of a NN1, NN2, TT
temporary residence card shall not exceed 03 years.
4. The duration of a LĐ or PV1
temporary residence card shall not exceed 02 years.
5. Expired temporary residence cards
may be extended.
Section 2: PERMANENT RESIDENCE
Article 39. Cases in which grant
of permanent residence status is considered
1. Foreigners who have contributed
to the development and protection of Vietnam and are awarded medals or titles
by Vietnam’s government.
2. Foreigners who are scientists or
experts temporarily residing in Vietnam.
3. Any foreigner sponsored by his
parent, spouse, or child who is a Vietnamese citizen and has a permanent
residence in Vietnam.
4. Any person without nationalities
who has had a temporary residence in Vietnam from 2000 or earlier.
Article 40. Conditions for
considering grant of permanent residence status
1. Any of the foreigners mentioned
in Article 39 of this Law may be granted permanent residence status if he/she
has a legitimate residence and is making a decent living in Vietnam.
2. Foreigners mentioned in Clause 2
Article 39 of this Law must be proposed by the Ministers, Heads of ministerial
agencies or Governmental agencies in corresponding fields.
3. Any of the foreigners mentioned
in Clause 3 Article 39 who have had a temporary residence in Vietnam for 03
consecutive years or more.
Article 41. Procedures for
granting permanent residence status
1. Any foreigners applying permanent
residence status (hereinafter referred to as applicant) shall follow the
procedures at an immigration authority. The application consists of:
a) A written request permanent
residence status;
b) A criminal record issued by a
competent authority of the country of which the applicant is a citizen;
c) A diplomatic note from a
diplomatic mission of the country, of which the applicant is a citizen,
requesting grant of permanent residence status to the applicant;
d) Certified true copy of the passport;
dd) Papers proving the fulfillment
of requirements mentioned in Article 40 of this Law;
e) A note of sponsorship (applied to
the foreigner mentioned in Clause 3 Article 39 of this Law).
2. Within 04 months from the receipt
of sufficient documents, the Minister of Public Security shall consider
granting the permanent residence status; if further investigation is deem
necessary, the deadline may be extended for up to 02 months.
3. The immigration authority shall
send a written notification of the result to the applicant and the police
authority of the province where the foreigner wishes to have a permanent
residence.
4. Within 04 working days from the
receipt of the notification from the immigration authority, the police
authority of the province shall notify the foreigner of the grant of permanent
residence status.
5. Within 03 months from the receipt
of the notification of the grant of permanent residence status, the foreigner
must go to the immigration authority affiliated to the provincial police department
to receive the permanent residence card.
Article 42. Grant of permanent
residence status to people without nationalities
1. Any of the people without
nationalities mentioned in Clause 4 Article 39 of this Law may submit an
application to the immigration authority affiliated to the police authority of
the province where he/she has a temporary residence. The application consists
of:
a) A written request for grant of
permanent residence status;
b) Papers proving that he/she has
had a temporary residence in Vietnam before 2000 and satisfy all requirements
in Clause 1 Article 40 of this Law.
2. Procedures for granting permanent
residence status to people without nationalities shall comply with Clauses 2,
3, 4, and 5 Article 41 of this Law.
Article 43. Replacement,
reissuance of permanent residence cards
1. Permanent residence cards shall
be issued by provincial police authorities. Every 10 years, every foreigner who
has a permanent residence status must go to a provincial police authority to
replace the permanent residence card. The application consists of:
a) An application form for
replacement of the permanent residence card;
b) The permanent residence card;
c) A certified true copy of the
passport, except for those without nationalities.
2. If permanent residence card is lost or, damaged, or
its contents are changed, its holder must follow the procedures for reissuance
of the card at the police authority of the province where he/she has the
permanent residence. The application consists
of:
a) An application form for
reissuance of the permanent residence card;
b) The permanent residence card (or
a report on the loss of the card);
c) A certified true copy of the
passport, except for those without nationalities;
d) Papers proving the changes to the
contents of the permanent residence card.
3. Within 20 days from the day on
which sufficient documents are received, the police authority of the province
shall reissue the card.
Chapter VII
RIGHTS AND OBLIGATIONS OF FOREIGNERS; RIGHTS AND
OBLIGATIONS OF INVITING ENTITIES
Article 44. Rights and
obligations of foreigners
1. Foreigners that enter, leave,
transit through, or reside in Vietnam are entitled to:
a) Have the life, dignity, property,
the lawful rights and interests protected in accordance with Vietnam’s Law while
they are staying within the territory of Socialist Republic of Vietnam;
b) Every holder of a temporary
residence card may sponsor his/her grandparents, parents, spouse, and children
to visit Vietnam; for his/her spouse and children under 18 years of age to stay
in Vietnam during the validity period of the temporary residence card if agreed
by the organization that invites or sponsors the card holder.
c) Every holder of a permanent
residence card may sponsor his/her parents, parents, spouse, and children to
visit Vietnam;
d) People residing lawfully in
Vietnam may travel around the territory of Vietnam for purposes of tourism,
visiting, or medical treatment without having to ask for permission; access to
prohibited or restricted areas shall be dealt with in accordance with law;
dd) Crewmembers of ships that enter
Vietnam may go onshore within the province where the ship is anchored. Issuance
of a visa shall be consider if such a crewmember goes beyond the province or
leave Vietnam through another border checkpoint;
e) The spouse and children that go a
long with a member of a diplomatic mission, consular office, representative
office of an international organization of the UN, or an intergovernmental
organization in Vietnam may go to work if they have work permits unless they
are not eligible for work permits; and may go to school if they are accepted in
writing by a school or a educational institution;
g) Any person studying at a school
or an educational institution under an international agreement may go to work
if he/she is permitted in writing to work by the school or educational
institution;
h) People without nationalities
residing overseas may enter Vietnam for the purpose of tourism and visiting
relatives;
i) The Ministry of Public Security
shall consider issuing a laissez-passer to any person without personalities
that wishes to leave Vietnam.
2. Foreigners that enter, leave,
transit through, or reside in Vietnam are obliged to:
a) Comply with Vietnam’s law;
respect Vietnam’s traditions and customs;
b) Engaged in activities in Vietnam
in accordance with the stated purpose of entry;
c) Carry passports, laissez-passers,
papers related to residence in Vietnam while traveling, and present them to
competent authorities on request;
d) When a foreigner who has a
permanent residence in Vietnam leaves Vietnam to permanently reside in another
country, he/she must return the permanent residence card to the immigration
unit at the border checkpoint.
Article 45. Rights and
obligations of inviting entities
1. Inviting entities have the rights
below:
a) Organizations lawfully
established in Vietnam may invite and sponsor foreigners to Vietnam within
their competence and operation;
b) Vietnamese citizens having
permanent residences in Vietnam may invite their grandparents, parents of their
spouses, spouses, children, and siblings who are foreigners to Vietnam;
c) Vietnamese citizens having
permanent residences in Vietnam may invite their parents, spouses, and children
that are foreigners who apply for permanent residence status or temporary
residence cards.
2. Inviting entities have are
obliged to:
a) Follow procedures for inviting,
sponsoring foreigners to enter, leave Vietnam, or reside in Vietnam in
accordance with this Law;
b) Instruct foreigners to comply
with law, respect the traditions and customs of Vietnam;
c) Fulfill the obligations of
sponsors as prescribed by law; cooperate with competent authorities of Vietnam
in resolving issues pertaining to the invited or sponsor foreigners;
d) Cooperate with competent in monitoring
foreigners’ activities in accordance with their entry purposes while they are
temporarily residing in Vietnam; cooperate with lodging establishments in
declaring temporary residence of foreigners;
dd) Cooperate with regulatory bodies
in completing the procedures for inviting/sponsoring foreigners to enter
Vietnam to do activities subject to approval by the said regulatory bodies
before making the invitation or sponsorship.
e) Notify immigration authorities in
writing of the cases in which foreigners granted entry/exit/residence permits
no longer wish to be sponsored during their temporary residence period in
Vietnam, and cooperate with competent authorities in requesting such foreigners
to leave Vietnam.
Chapter VIII
RESPONSIBILITIES OF AGENCIES, ORGANIZATIONS IN CHARGE OF
ENTRY, EXIT, TRANSIT AND RESIDENCE OF FOREIGNERS IN VIETNAM
Article 46. Responsibilities of
the Government
1. Uniform the administration of
entry, exit, transit, and residence of foreigners in Vietnam by regulatory
authorities.
2. Introduce a mechanism for
cooperation among Ministries, ministerial agencies, the People’s Committees of
provinces in administration of entry, exit, transit, and residence of
foreigners in Vietnam.
Article 47. Responsibilities of
the Ministry of Public Security
1. Take charge and cooperate with
relevant Ministries and ministerial agencies in administration of entry, exit,
transit, and residence of foreigners in Vietnam.
2. Formulate and promulgate, or
request competent authorities to promulgate legislative documents on entry,
exit, transit, and residence of foreigners in Vietnam.
3. Organize the implementation of
legislative documents on entry, exit, transit, and residence of foreigners in
Vietnam.
4. Issue entry, exit, and residence
permits to foreigners in Vietnam.
5. Control the entry, exit, transit
at border checkpoints as prescribed by law.
6. Carry out inspections, settle
complaints, denunciations, and impose penalties for violations against
regulations of law on entry, exit, transit, and residence of foreigners in
Vietnam.
7. Promulgate templates of papers
pertaining to entry, exit, and residence of foreigners in Vietnam.
8. Produce statistics on entry,
exit, transit, and residence of foreigners in Vietnam.
9. Seek international cooperation,
request competent authorities to enter into international agreements on entry,
exit, transit, and residence of foreigners in Vietnam.
Article 48. Responsibilities of
the Ministry of Foreign Affairs
1. Cooperate with the Ministry of Public Security in
administration of entry, exit, transit and residence of foreigners in Vietnam.
2. Issue, amend, invalidate visas;
issue, invalidate temporary residence cards; extend temporary residence status
of foreigners in accordance with this Law.
3. Instruct overseas visa-issuing
authorities of Vietnam to adhere to regulations of law on entry, exit, transit,
and residence of foreigners in Vietnam.
4. Request competent authorities to
enter into international agreements on entry, exit, transit, and residence of
foreigners in Vietnam.
Article 49. Responsibilities of
the Ministry of National Defense
1. Cooperate with the Ministry of
Public Security in administration of entry, exit, transit and residence of
foreigners in Vietnam.
2. Control the entry, exit, transit
at border checkpoints as prescribed by law; issue, amend, invalidate visas;
issue temporary residence permits in accordance with this Law.
3. Carry out inspections and impose
penalties for violations against regulations of law on entry, exit, transit,
and residence of foreigners in Vietnam at border checkpoints under the
management of the Ministry of National Defense.
Article 50. Responsibilities of
other Ministries and ministerial agencies
Ministries and ministerial agencies
other than those mentioned in Article 48 and Article 49 of this Law, within
their competence, shall cooperate with the Ministry of Public Security, the
Ministry of Foreign Affairs, the Ministry of National Defense in administration
of entry, exit, transit, and residence of foreign in Vietnam.
Article 51. Responsibilities of
the People’s Committees
1. Organize the implementation of
regulations of law on entry, exit, and residence of foreigners in Vietnam.
2. Instruct specialized agencies
affiliated to the People’s Committees to administer the residence of local
foreigners in accordance with this Law.
3. Disseminate the laws on entry,
exit, and residence of foreigners locally.
4. Carry out inspections, settle
complaints, denunciations, and impose penalties for violations against
regulations of law on entry, exit, transit, and residence of foreigners
locally.
5. Apart from the regulations in
Clauses 1, 2, 3, and 4 of this Article, the People’s Committees of communes,
wards, and towns must grasp the operations of local lodging establishments,
administer the residence and activities of local foreigners.
Article 52. Responsibilities of
Vietnamese Fatherland Front and member organizations thereof
1. Cooperate with competent state
authority in disseminate this Law and encourage the people to implement it.
2. Supervise the implementation of
regulations of law on entry, exit, transit, and residence of foreigners in
Vietnam.
Chapter IX
IMPLEMENTATION
Article 53. Transitional
regulations
Unexpired entry/exit/residence
permits issued before the effective date of this Law are still effective until
they expire.
Article 54. Effect
1. This Law takes effect on January
01, 2015.
2. The Ordinance No.
24/1999/PL-UBTVQH10 on entry, exit, and residence of foreigners in Vietnam is
annulled as from the effective date of this Law.
Article 55. Guidelines
The Government shall provide
guidelines for the Articles and Clauses assigned thereto.
This Law has been passed by the
13th National Assembly of Socialist Republic of Vietnam during the 7th
session on June 16, 2014.
PRESIDENT OF THE NATIONAL ASSEMBLY
Nguyen Sinh Hung |