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MINISTRY OF
PUBLIC SECURITY OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No. 02/VBHN-BCA
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Hanoi,
February 27, 2023
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CIRCULAR
ON GUIDELINES FOR
ISSUING VISAS, TEMPORARY RESIDENCE CARDS, ENTRY/EXIT PERMITS, AND GRANTING
PERMANENT RESIDENCE STATUS TO FOREIGNERS IN VIETNAM
Circular No. 31/2015/TT-BCA
dated July 06, 2015 of the Minister of Public Security on guidelines for
issuing visas, temporary residence cards, entry/exit permits, and granting
permanent residence status to foreigners in Vietnam, which comes into force
from August 20, 2015, is amended by:
Circular No. 65/2022/TT-BCA
dated December 30, 2022 of Minister of Public Security on whole or partial
annulments of legislative documents promulgated by the Minister of Public
Security, which comes into force from January 01, 2023.
Pursuant to the Law on entry, exit, transit
and residence of foreigners in Vietnam dated June 16, 2014;
Pursuant to Decree No. 106/2014/ND-CP dated
November 17, 2014 of the Government defining the functions, tasks, entitlements
and organizational structure of the Ministry of Public Security;
At the request of Director General of General
Department of Security,
The Minister of Public Security hereby
promulgates a Circular on guidelines for issuance of visas, temporary residence
cards, entry/exit permits, granting permanent residence status for foreigners
in Vietnam.[1]
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GENERAL PROVISIONS
Article 1. Scope
This Circular provides guidelines for issuance
of visas, temporary residence cards, entry/exit permits, and granting permanent
residence status for foreigners in Vietnam within competence of the Ministry of
Public Security.
Article 2. Regulated
entities
This Circular applies to foreigners who enter or
reside in Vietnam and relevant agencies, organizations, and individuals.
Chapter II
PROCEDURES AND POWER TO PROCESS APPLICATION FOR
ISSUANCE OF VISAS, TEMPORARY RESIDENCE CARDS AND GRANTING TEMPORARY RESIDENCE
STATUS
Article 3. Procedures and power to process
application for issuance of visas
1. The sponsoring entity prescribed in Clause 1
Article 16 of the Law on entry, exit, transit, and residence of foreigners in
Vietnam (hereinafter referred to as “Law”) shall directly submit application at
the Immigration Administration Department.
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3. Processing application for issuance of visa:
a) Immigration Administration Department shall
consider and respond to the applicants as prescribed in Clause 3 Article 16 of
the Law;
b) Regarding applications submitted at border
checkpoints, Immigration Administration Department shall consider and respond
as prescribed in Clause 5 Article 16 of the Law.
Article 4. Procedures and power to process
application for issuance of temporary residence cards
1. The sponsoring entity shall apply for
issuance of a temporary residence card on behalf of an eligible foreigner
prescribed in Clause 2 Article 36 of this Law at Immigration Administration
Department or Division of immigration administration of police authority of the
province or central-affiliated city (hereinafter referred to as province) where
the sponsoring entity’s headquarter is located or where the sponsoring entity
resides.
2. The application for issuance of temporary
residence card shall comply with Clause 1 Article 37 of the Law. An application
for issuance of temporary residence card prescribed in Point a Clause 1 Article
37 of the Law using the form issued by the Ministry of Public Security in
Circular No. 04/2015/TT-BCA dated January 5, 2015 on forms of documents on
entry, exit, and residence of foreigners in Vietnam shall include:
a) An NA6 and NA8 form applicable to agencies or
organizations;
b) An NA7 and NA8 form applicable to
individuals.
3. Issuing temporary residence cards
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4. Validity period of a temporary residence card
shall conform the entry purposes and the application. A temporary
residence card has a validity period of between 1 and 5 years provided that it
is 30 days shorter than the validity period of the passport.
Article 5. Granting permanent residence
status
1. Procedures and power to grant permanent
residence status shall comply with Articles 41 and 42 of the Law.
2. Determination of duration of temporary
residence in Vietnam of a foreigner applying for permanent residence
(hereinafter referred to as applicant):
a) The applicant has temporarily resided in
Vietnam for at least consecutive 3 years as prescribed in Clause 3 Article 40
of the Law according to the entry and exit visa borne at the checkpoint within
latest 4 years from the date on which the application for permanent residence
is submitted.
b) Documents proving that the applicant has
temporarily resided in Vietnam before 2000 as prescribed in Point b Clause 1
Article 42 of the Law, including: certification of temporary residence;
temporary residence register; description of duration of temporary residence in
Vietnam certified by the police authority of commune/ward/ town where the
applicant (without nationality) temporarily resides.
3. Receiving body of application for permanent
residence status:
a) The applicant prescribed in Clauses 1 and 2
Article 39 of the Law shall submit application at Immigration Administration
Department.
b) The applicant prescribed in Clauses 3 and 4
Article 39 of the Law shall submit application at Division of immigration
administration of police authority of the province.
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PROCEDURES FOR ISSUANCE AND REISSUANCE OF ENTRY/EXIT
PERMITS FOR PEOPLE WITHOUT NATIONALITIES IN VIETNAM
Article 6. Entry/exit permits
1. Laissez-passers prescribed in Point i Clause
1 Article 44 of the Law are entry/exit permits issued by Immigration
Administration Department to people without nationalities in Vietnam wishing
leaving Vietnam (using form No. NC13 issued herewith).
2. Validity period of the entry/exit permit is 3
years; it shall be considered reissuing in case of loss or damage.
Article 7. Procedures for issuance or
reissuance of entry/exit permits
1. Any person applying for issuance or reissuance
of entry/exit permit shall submit an application at Immigration Administration
Department or Division of immigration administration of police authority of the
province. The application includes:
a) An application form for issuance or
reissuance of entry/exit permits (using form No. NC14 issued herewith);
b)2 (annulled)
c) A description of duration of temporary
residence in Vietnam certified by the police authority of the commune/ward/town
where the person without nationality temporarily resides;
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dd) A report of loss, with regard to application
for reissuance of permit due to its loss.
2. Issuing or reissuing entry/exit permits:
a) With respect to application submitted at
Immigration Administration Department:
Within 05 working days from the date on which
adequate application is received, Immigration Administration Department shall
consider issuing or reissuing the entry/exit permit.
b) With respect to application submitted at
Division of immigration administration of police authority of the province:
Within 03 working days from the date on which
the adequate application is received, Division of immigration administration of
police authority shall consider transferring the application to Immigration
Administration Department. Immigration Administration Department shall
consider issuing or reissuing the entry/exit permit within 02 working days.
Chapter IV
IMPLEMENTATION CLAUSES[2]
Article 8. Transitional regulations
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2. Any application for issuance of visa,
temporary residence card; issuance or reissuance of entry/exit permit; or granting
permanent residence status before the effective date of this Circular which has
not been processed shall be considered by the immigration authority as
prescribed in this Circular.
Article 9. Effect
1. This Circular comes into force from
August 20, 2015.
2. This Circular replaces Circular No.
45/2011/TT-BCA dated June 29, 2011 of the Minister of Public Security on
guidelines for issuance of entry/exit permit for foreigners in Vietnam without
passport.
Article 10. Responsibility for implementation
1. General Department of Security shall take
charge and instruct police authorities of units, local governments and relevant
units to implement this Circular.
2. Directors General, Heads of affiliates of
Ministry, Directors of police authorities, Fire departments of
central-affiliated cities and provinces shall implement this Circular.
Difficulties that arise
during the implementation of this Circular should be reported to the Ministry
of Public Security (via Immigration Administration - General Department of
Security) for consideration./.
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CERTIFIED BY
MINISTER
General To Lam
[1] Preludes to Circular No. 65/2022/TT-BCA
dated December 30, 2022 of Minister of Public Security on whole or partial
annulments of legislative documents promulgated by the Minister of Public
Security, which comes into force from January 01, 2023:
“Pursuant to the Law on Promulgation of
Legislative Documents dated June 22, 2015;
Pursuant to the Law amending certain articles
of the Law on Promulgation of Legislative Documents dated June 18, 2020;
Pursuant to Decree No. 34/2016/ND-CP dated
May 14, 2016 of the Government of Vietnam elaborating on certain Articles and measures
for implementation of the Law on Promulgation of Legislative Documents;
Pursuant to Decree No. 154/2020/ND-CP dated
December 31, 2020 of the Government of Vietnam amending certain Articles of
Decree No. 34/2016/ND-CP dated May 14, 2016 of the Government of Vietnam
elaborating certain articles and measures for implementation of the Law on
Promulgation of Legislative Documents;
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At the request of the Director of the
Department of Legal, Judicial and Administrative Reforms;
The Minister of Public Security hereby
promulgates a Circular on whole or partial annulments of legislative documents
promulgated by the Minister of Public Security.”
[2] Article 3 of Circular No.
65/2022/TT-BCA dated December 30, 2022 of Minister of Public Security on whole
or partial annulments of legislative documents promulgated by the Minister of
Public Security, which comes into force from January 01, 2023, is as follows:
“Article 3. Organizing implementation
1. This Circular comes
into force from January 01, 2023.
2. The Head of
Department of Legal, Judicial and Administrative Reforms, Heads of units
affiliated to the Ministry; Directors of police authorities of provinces and
central-affiliated cities and relevant entities are responsible for
implementation of this Circular.”