GOVERNMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 75/2020/ND-CP
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Hanoi, July 1,
2020
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DECREE
ON
ELABORATING TO LAW ON AMENDMENTS TO LAW ON ENTRY, EXIT, TRANSIT AND RESIDENCE OF
FOREIGNERS IN VIETNAM
Pursuant to Law on Government Organization dated
June 19, 2015;
Pursuant to Law on Entry, Exit, Transit and Stay
of Foreigners in Vietnam dated June 16, 2014;
Pursuant to Law on amendments to Law on Entry,
Exit, Transit and Stay of Foreigners in Vietnam dated November 25, 2019;
At the request of the Minister of Public
Security;
The Government promulgates Decree on elaborating
to Law on amendments to Law on entry, exit, transit and residence of foreigners
in Vietnam.
Chapter I
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Article 1. Scope
This Decree prescribes:
1. Foreigners who enter border economic zones and
coastal economic zones under visa exemption specified in Clause 3 Article 12 of
Law on entry, exit, transit, and residence of foreigners in Vietnam and Clause
7 Article 1 of Law on amendments to Law on entry, exit, transit, and residence
of foreigners in Vietnamese wish to visit other destinations in Vietnam.
2. Issuance of visa for foreigners who have not had
commercial presence or partner in Vietnam to enter Vietnam according to
international agreements to which Vietnam is a signatory.
3. Form of issuing temporary residence
certification for foreigners entering Vietnam.
Article 2. Regulated entities
This Decree applies to foreigners entering,
exiting, and residing in Vietnam, regulatory agencies in Vietnam, relevant
Vietnamese and foreign agencies, organizations, and individuals.
Chapter II
SPECIFIC PROVISIONS
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1. Foreigners who enter border economic zones and
coastal economic zones under visa exemption specified in Clause 3 Article 12 of
Law on entry, exit, transit, and residence of foreigners in Vietnam and Clause
7 Article 1 of Law on amendments to Law on entry, exit, transit, and residence
of foreigners in Vietnamese wish to visit other destinations in Vietnam shall
follow inviting or guaranteeing agencies, organizations, and individuals in
Vietnam to adopt procedures for visa issuance at immigration authorities
according to Article 19 of Law on entry, exit, transit, and residence of
foreigners in Vietnam.
2. A national who benefits from unilateral visa
exemption of Vietnam, enters border economic zones and coastal economic zones
under visa exemption specified in Clause 3 Article 12 of Law on entry, exit,
transit, and residence of foreigners in Vietnam and Clause 7 Article 1 of Law
on amendments to Law on entry, exit, transit, and residence of foreigners in Vietnamese,
and wishes to visit other destinations in Vietnam shall proceed as follows:
a) If he/she has been temporarily residing for less
than 15 days, an immigration control entity shall issue expiry stamp on the old
temporary residence certification and issue a new temporary residence
certification which expires after 15 days from the date of entry;
b) If he/she has been temporarily residing for more
than 15 days, adopt procedures for issuance of visa as specified under Clause 1
of this Article.
3. In case foreigners entering border economic
zones and coastal economic zones under visa exemption according to
international agreements to which Vietnam is a signatory whose temporary
residence period has expired and wish to visit other destinations of Vietnam, issuance
of visas for the foreigners shall conform to the international agreements.
Article 4. Issuance of visa for
foreigners who have not had commercial presence or partner in Vietnam to enter
Vietnam according to international agreements to which Vietnam is a signatory
1. Foreigners applying for issuance of visas shall
access electronic portal on immigration and perform as follows:
a) Declare information and upload photos, personal
record, and passports;
b) Upload documents proving eligibility mentioned under
international agreements to which Vietnam is a signatory but has not had
commercial presence or partners in Vietnam. The documents must be
consular legalized, except for cases of consular legalization exemption
according to regulations and law of Vietnam or international agreements to
which Vietnam is a signatory;
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2. Within 2 working days from the date on which
adequate information on visa application is received, immigration authorities shall
transfer to agencies assigned by the Government to take charge implementing
international agreements.
3. Within 3 working days from the date on which
visa application transferred from immigration authorities is received, agencies
assigned by the Government to take charge implementing international agreements
are responsible for verifying whether or not the foreigners are eligible as
specified in the international agreements and performing as follows:
a) In case the foreigners are eligible according to
the international agreements to which Vietnam is a signatory and under state
management of presiding authorities, submit visa application at immigration
authorities;
b) In case the foreigners are eligible according to
the international agreements to which Vietnam is a signatory but not under
state management of presiding authorities, transfer visa application to
ministries and ministerial agencies specialized in the fields;
c) In case the foreigners are not eligible
according to the international agreements to which Vietnam is a signatory,
respond to immigration authorities to inform the foreigners.
4. Within 2 working days from the date on which
visa application is received, ministries and ministerial agencies specified
under Point b Clause 3 of this Article are responsible for submitting visa
application at immigration authorities.
5. Immigration authorities shall consider, process,
and respond to applying agencies and the foreigners via electronic portal on
immigration within 3 working days from the date on visa application has been
received.
6. The foreign applicants shall use electronic
dossier code to examine and print response of immigration authorities to
proceed with procedures for receiving visas as specified under Clause 2 Article
17 and Article 18 of Law on entry, exit, transit, and residence of foreigners
in Vietnam.
Article 5. Form of issuing
temporary residence certification for foreigners entering Vietnam
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2. Immigration control shall not issue temporary
residence certification for foreigners entering via automated control posts.
Chapter III
IMPLEMENTATION
Article 6. Entry into force
This Decree comes into force from July 1, 2020.
Article 7. Responsibilities for
implementation
Related ministers, heads of ministerial agencies,
heads of Governmental agencies, Chairman of the Provincial People’s Committee,
authorities, organizations, individuals are responsible for the implementation
of this Decree./.
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