Luật xuất nhập cảnh, quá cảnh, cư trú của người nước ngoài (văn bản tiếng Anh) - Law on Entry, exit, transit, and residence of foreigners in Vietnam.
NATIONAL
ASSEMBLY
------- |
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness |
No. 47/2014/QH13
|
Hanoi, June 16, 2014
|
LAW
ENTRY, EXIT, TRANSIT, AND RESIDENCE OF FOREIGNERS IN VIETNAM
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. International border 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 international borders.
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. Principles of entry,
exit, transit, and residence
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. Obstruct 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. Establish 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 reside
in Vietnam; using fake documents to enter, leave, transit through, or reside in
Vietnam.
4. Provide false information or
documents in order to obtain permission for entry, exit, transit, or residence
in Vietnam.
5. Take 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. Buy, sell, lease, lend,
borrow, and falsify 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. Visa’s uses and
formats
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’s 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. DT - 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. LD - Issued to people who
come to work.
17. DL - Issued to tourists.
18. TT - Issued to foreigners
that are parents, spouse, and 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’s 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 issuing
visa
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 issued with separate
visas
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 of inviting
or sponsoring 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 of inviting, sponsoring foreigners
to Vietnam in the competent authorities of the MOFA
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 of
inviting, sponsoring foreigners to 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. Visa issuance at Vietnam
oversea authority of issuing visas
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 international
borders
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 immigration
or competent authority of the MOFA
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. Entry’s conditions
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. Suspension cases 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. Authorities for suspension
decision 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. Transit conditions
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. Area of transit 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. Air transit
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. Sea transit
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. Exit’s conditions
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 and dureation
of exit 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. Authorities for
decision, duration extension and lift of exit extension
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. Residence 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
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 issued with temporary
residence cards and symbols
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, DT, NN1, NN2, DH, PV1, LD, TT visas shall be issued with temporary
residence cards with the same symbols.
Article 37. Procedures for
temporary residence issuance
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 considered for permanent
residence
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 considered
for permanent residence
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
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. Permanent residence
grant for 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 ENTITIES, ORGANIZATIONS, INDIVIDUALS FOR
INVITING, GUARANTEE FOREIGNERS TO ENTRY, EXIT AND RESIDENCE IN VIETNAM
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 entities, organizations, individuals for inviting, guarantee
foreigners to entry, exit and residence in Vietnam
1. Entities, organizations, individuals 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. Entities, organizations, individuals 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. Government’s
responsibilities
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 international borders 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 international borders 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 international borders 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
PROVISIONS
Article
53. Transitional
provisions
Unexpired entry/exit/residence
permits issued before the effective date of this Law are still effective until
they expire.
Article 54. Implementation 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. Detailed regulations
The Government shall provide detaied
regulations 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.
THE PRESIDENT OF THE NATIONAL
ASSEMBLY
Nguyen Sinh Hung
Ý KIẾN