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MINISTRY OF
FOREIGN AFFAIRS
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No: 04/2016/TT-BNG
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Hanoi, June 30,
2016
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CIRCULAR
GUIDELINES
FOR PROCEDURES FOR ISSUE OF VISAS AND TEMPORARY RESIDENCE CARDS, EXTENSION OF
TEMPORARY RESIDENCE PERMITS TO FOREIGNER IN VIETNAM WITHIN THE JURISDICTION OF
THE MINISTRY OF FOREIGN AFFAIRS
Pursuant to the Law on Entry,
Exit, Transit and Residence by foreigners in Vietnam dated June 16, 2014;
Pursuant to the Law on issue of legislative
documents dated June 03, 2008;
Pursuant to the Government’s Decree
No.58/2013/ND-CP defining the functions, responsibilities, entitlements and
organizational structure of the Ministry of Foreign Affairs
Pursuant to the Government’s Decree No.
64/2015/ND-CP dated August 06, 2015 on cooperation among Ministries,
Ministerial-level agencies, People’s Committees of provinces and
centrally-affiliated provinces (hereinafter refer to as “province”) in
management of entry, exit, transit and residence by foreigners in Vietnam;
The Minister of Foreign Affairs hereby issues
this Circular providing guideline for procedures for issue of visa and
temporary residence cards, and extension of temporary
residence permit to foreigners in Vietnam within the jurisdiction of the
Ministry of Foreign Affairs.
Chapter I
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Article 1. Scope
This Circular provides a number of guidelines for
procedures for issue of visas and temporary residence cards and extension of
temporary residence permits to foreigners in Vietnam
within the jurisdiction of the Ministry of Foreign Affairs as stipulated in
clauses 1, 2, 3 and 4, Article 8 of the Law on entry, exit, transit and
residence by foreigners in Vietnam (hereinafter refer to as " Law on entry
and exit”).
Article 2. Regulated entities
This Circular applied to foreigners who enter, exit
or temporarily reside in Vietnam within the jurisdiction of the Ministry of Foreign
Affairs of Vietnam and relevant entities.
Chapter II
POWER AND PROCEDURES FOR
ISSUE OF VISAS AND TEMPORARY RESIDENCE CARDS AND EXTENSION OF TEMPORARY
RESIDENCE PERMITS
1. The Consular Department of
the Ministry of Foreign Affairs (hereinafter referred to as “Consular
Department”) shall deal with requests/applications
for visas and temporary residence card and extension of temporary residence permit to foreigners specified in clauses 1, 2, 3 and 4 of
Article 8 of the Law on Entry and Exit.
2. The Directorate of State
Protocol of the Minister of Foreign Affairs (hereinafter referred to as
“Directorate of State Protocol”) shall process applications for
temporary residence cards by those specified in clause 3, Article 8 of the Law
on Entry and Exit (except for consuls of foreign countries working in Ho Chi
Minh City, their spouse, under-18-year-old children and accompanied assistants on their term of office).
3. The Department of Foreign
Affairs of Ho Chi Minh - Ministry of Foreign Affairs (hereinafter referred to
as “Department of Foreign Affairs of Ho Chi Minh”) shall:
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b)process applications for
temporary residence cards by foreigners as consuls of foreign countries
‘consulates located in Ho Chi Minh City, their spouse, under-18-year-ol
children and accompanied assistants in their term of office.
4. Every Vietnam’s diplomatic
mission abroad shall:
a) Receive applications for visa under clause 2,
Article 4 hereof, passports or equivalent documents (hereinafter referred to as
"passport"), visa application form (using form
NA1 enclosed with the Circular No.04/2015/TT-BCA providing application forms
for entry, exit, transit and residence by foreigners in Vietnam dated January
05, 2015 by the Ministry of Public Security –hereinafter referred to as the
Circular No.04/2015/TT-BCA) of foreigners specified in clauses 1, 2, 3 and 4,
Article 8 of the Law on Entry and Exit and report to the Consular Department or
Department of Foreign Affairs of Ho Chi Minh.
b) Issue visas to foreigners
specified in clauses 1, 2, 3 and 4, Article 8 of the Law on Entry and Exit
according to the reports of the Consular Department or Department of Foreign
Affairs of Ho Chi Minh.
Article 4. Procedures for
processing visa applications /requests
1. Every organization or authority
that guarantees/invites foreigners to
Vietnam (hereinafter referred to as “guaranteeing entity”)
specified in clauses 2 and 3, Article 15 of the Law on Entry and Exit
shall directly submit a visa application or request to the
Consular Department or Department of Foreign Affairs of Ho Chi Minh.
The Ministry of Foreign Affairs (or other agencies
governed by regulations) of the home country of foreigners
specified in clauses 1, 2, 3 and 4 of Article 8 of the law on Entry and Exit
shall submit a visa request enclosed with the foreigner's passport and visa
application form (using form NA1 enclosed with the Circular No.04/2015/TT-BCA)
to the Vietnamese resident or non-resident.
The Vietnam’s diplomatic mission abroad shall
transfer aforesaid documents to the
Consular Department or Department of Foreign Affairs of Ho Chi Minh to consider
granting a visa intra vires.
2. The visa
application/request includes:
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b) In case the foreigner comes to Vietnam for visit
members of any diplomatic mission of his/her countries in Vietnam, a copy of ID
of the above-mentioned member is required, in addition to documents mentioned
in point a, clause 2 of this article.
c) If the foreigner is a contractual staff of a
diplomatic mission of his/her country in Vietnam, a copy of the valid
employment contract is required, besides documents specified in point a, clause
2 of this Article.
d) In case the foreigner is on the payroll increase
of the foreign diplomatic mission in Vietnam, the diplomatic note of payroll
increase of the Ministry of Foreign Affairs of his/her home country is required, besides documents specified in points a, clause 2
of this Article.
3. Visa application
forms/request processing
a) The Consular Department or Department of Foreign
Affairs shall submit a notification of issue of visa the
Department of Immigration and Vietnam’s diplomatic mission abroad to foreigners
specified in clauses 1 and 2, Article 8 of the Law on Entry and Exit within 01
working day from the date of receipt of the valid application.
b) The Consular Department shall submit a written
request to the Department of Immigration or Directorate of State Protocol and
relevant agencies within 01 working day from the date of receipt of the valid
application of those specified in clause 3, Article 8 of the Law on Entry and
exit. After receipt of the response in writing of the Directorate of State
Protocol and relevant agencies, and in case no response is made
by the Department of Immigration, the Consular Department
shall send a notification to the applicant and Vietnam’s diplomatic mission
abroad.
c) The Consular Department or Department of Foreign
Affairs shall notify the Department of Immigration and Ministry of Public
Security of issue of visa to foreigners specified in clauses 4 and 2, Article 8
of the Law on Entry and Exit in writing within 01 working day from the date of
receipt of the valid application.
d) The Consular Department or Department of Foreign
Affairs shall respond to the applicant and Vietnam’s diplomatic mission abroad
within 02 working days from the date of receipt of the notification if the
Department of Immigration makes no response.
dd) The Consular Department or Department of
Foreign Affairs shall send a written notification which specifies full name,
date of birth, nationality, gender, passport number and symbol, date of issue
and expiry date of passport, occupation and position, purpose of entry and type
of the visa and issuer and other necessary information to the Vietnam’s
diplomatic mission abroad.
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a) Every Vietnam’s diplomatic mission abroad shall
issue visas to foreigners within 01 working day from the date of receipt of the
notification stipulated in point d, clause 3 of this Article, and passport and
visa application (using the form NA1 issued together with the Circular No.04/2015/TT-BCA)
b) In case the issue of visas to foreigners is
approved at checkpoints, the application-receiving body stipulated in clause 1
of this article shall notify applicants of issue of visas at checkpoints.
5. The Minister of Foreign
Affairs may either decide or authorize the Director of the Consular Department
to consider easing the procedure for issue of visas in accordance with the Law
on Entry and Exit.
Article 5. Procedures for
extension of temporary residence permits
1. foreigners who are granted
visas with symbol NG1, NG2 or NG4 wishing to have their residence
duration extended shall request their guaranteeing entity to submit an
application for extension to the Consular Department or the
Department of Foreign Affairs of Ho Chi Minh City.
2. An application for
extension includes:
a) A diplomatic note or written request for
extension of temporary residence permit which specifies full name, date of
birth, nationality, gender, passport number and symbol, date of issue and
expiry date of passport, occupation and position, purpose of entry and extended
duration and request for a new visa (if any).
b) A foreigner's passport that is valid for more
than 30 days from the date of application of extension
c) An application form for visa and extension of
temporary residence permit (using form NA5 issued together with the Circular
No. 04/2015/TT-BCA), countersigned and sealed by the guaranteeing entity.
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e) 01 copy of the valid employment contract if the
foreigner is a contractual staff working for the diplomatic mission of his/her
country in Vietnam.
3. Grant of extension of
temporary residence permits
a)Within 05 working days from the date of receipt
of the valid application as stipulated in clause 2 of this Article, the
Consular Department or Department of Foreign Affairs of Ho Chi Minh City shall
consider granting an extension of temporary residence permit and a new visa
(where necessary) to the foreigner.
b) The extended duration of temporary residence and
duration of new visa (if any) shall be conformable to the entry purposes and
guaranteeing entity’s request, and shall not exceed 12
months. The expiry date of extended duration of temporary residence shall be at
least 30 days ahead of that of the foreigner’s passport.
c) For foreigners mentioned in point d,
clause 2 of this Article, the extended duration of temporary residence and new
visa (if any) shall be conformable to point b, clause 3 of this Article and the
expiry date of ID of members of their foreign diplomatic mission in Vietnam
issued by the Directorate of State Protocol or Department of Foreign Affairs of
Ho Chi Minh City.
4. foreigners who came to
Vietnam under the visa-free entry policy as prescribed in
clauses 1, 2, 3 and 4, Article 8 of the Law on Entry and Exit shall be entitled to be granted at least once extension with each extension of
not exceeding the last residence duration according to their application
stipulated in clause 2 of this Article, unless otherwise stipulated in
international agreements to which Vietnam is a signatory.
5. The Director of the
Consular Department shall have the power to grant extension and new visa (where
necessary) to those who are prescribed in clauses 1, 2, 3 and 4 of the Law on
Entry and Exit and came to Vietnam with SQ visa.
6. The Minister of Foreign
Affairs may either decide or authorize the Director of the Directorate of State
Protocol to decide to ease the procedure for extension of temporary residence
permit in accordance with the Law on Entry and Exit.
Article 6. Procedures for
application for temporary residence cards
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2. An application for the
temporary residence card includes:
a) A diplomatic note of temporary residence card
request to the Vietnam’s diplomatic mission which specifies full name, date of
birth, nationality, passport number and symbol, occupation and position of the
foreigner (refer to form NA6 issued together with the Circular
No.04/2015/TT-BCA);
In case of replacement of officials of diplomatic
missions of foreign countries in Vietnam, the diplomatic note
shall specify full name and position of the new officials in charge.
b) An application form for
temporary residence card (using form NA8 issued together with the Circular
No.04/2015/TT-BCA) countersigned by the competent authority and sealed by the
Vietnam’s diplomatic mission abroad;
c) A valid passport of the foreigner;
d) In case the foreigner is on the payroll increase
of the diplomatic mission of his/her country in Vietnam, the
diplomatic note of payroll increase of the Ministry of Foreign Affairs of
his/her home country is required, besides documents specified in points
a, b, and c, clause 1 of this Article.
3. Issue of temporary
residence cards:
Within 05 working days from the date of receipt of
the valid application as stipulated in clause 2 of this Article, the Directorate
of State Protocol and Department of Foreign Affairs of Ho Chi Minh City shall
consider granting the temporary residence card to the foreigner.
4. The NG3 temporary residence
card shall be valid for 05 years and expire at least 30 days prior to the
expiry date of the foreigner’s passport.
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5. The Directorate of State
Protocol and Department of Foreign Affairs of Ho Chi Minh City shall submit the
list of foreigners eligible for being granted temporary residence cards to the
Department of Immigration of Vietnam under clause 2, Article 7 of the
Government’s Decree No.64/2015/ND-CP on the cooperation among Ministries,
Ministerial-level agencies, People’s Committees of provinces in management of
entry, exit, transit and residence by foreigners in Vietnam.
6. The Minister of Foreign
Affairs may either decide or authorize the Director of the Directorate of State
Protocol to consider easing the procedure for temporary residence card in
accordance with the Law on Entry and Exit.
Chapter III
IMPLEMENTATION
Article 7. Transitional
provisions
1. Unexpired visas,
certificates of temporary residence or temporary residence cards issued by the
effective date of this Circular shall be valid until their expiry date.
2. Applications for
visas/temporary residence cards or extension of temporary residence permits
which are submitted by the effective date of this Circular but have not been
processed yet shall be processed in accordance with provisions hereof.
Article 8. Implementation
organizations
1. Every Consular Department
shall:
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b) Annually submit a status report on issue of
visas and extension of temporary residence permits to the Minister of Foreign
Affairs.
2. The Directorate of State
Protocol shall:
a) Provide with Vietnam’s diplomatic missions
abroad and other relevant agencies instructions on procedures for issue of
temporary residence cards in accordance with provision hereof
b) Annually submit status report on issue of
temporary residence cards to the Minister of Foreign Affairs.
3. The Department of Foreign
Affairs of Ho Chi Minh City shall submit reports on issue of visas and
extension of temporary residence permits to the Consular Department and reports
on issue of temporary residence cards to the Directorate of State Protocol
monthly, quarterly and annually.
4. Every Vietnam’s diplomatic
mission abroad shall:
a) Issue visas at request of the Consular
Departments or Department of Foreign Affairs of o Chi Minh City.
b) Submit reports on issue of visas to
foreigners under the jurisdiction of the Minister of Foreign Affairs to the
Consular Department monthly, quarterly and yearly.
Article 9. Entry into force
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Article 10. Implementation
Heads of the Consular Department and Directorate of
State Protocol and Department of Foreign Affairs in Ho Chi Minh City and heads
of Vietnam’s diplomatic missions abroad and affiliates of the Ministry of
Foreign Affairs shall be responsible for the implementation of this Circular.
Any issue arising in connection to the implementation of this Circular should
be promptly reported to the Consular Department (with respect of issue of visas
and extension of temporary residence permits) and the Directorate of State
Protocol (with respect of issue of temporary residence cards). /.
PP.MINISTER
DEPUTY MINISTER
Vu Hong Nam