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THE
MINISTRY OF PUBLIC SECURITY
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
44/2011/TT-BCA
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Hanoi,
June 29, 2011
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CIRCULAR
GUIDING
THE GRANT OF VIETNAM TRAVEL OR TOURISM PERMITS FOR IN-TRANSIT FOREIGNERS
Pursuant to the 2000
Ordinance on Entry Exit and Residence of Foreigners in Vietnam and the Government's
Decree No. 21/2001/ND-CP of May 28, 2001, detailing the Ordinance on Entry,
Exit and Residence of Foreigners in Vietnam;
Pursuant to the Government’s
Resolution No. 61/NQ-CP of December 17, 2010 on simplification of
administrative procedures within functions of the Ministry of Public Security:
Pursuant to the Government's
Decree No. 77/2009/ND-CP of September 15, 2000, defining the functions, tasks,
powers and organizational structure of the Ministry of Public Security:
The Ministry of Public
Security guides the grant of Vietnam travel or tourism permits for in-transit
foreigners as follows:
Article 1. Scope of
regulation and subjects of application
This Circular guides procedures
for the grant of permits for foreigners in transit via international airports
or seaports (below referred to as international bordergates) for travel or
tourism in Vietnam within 15 days.
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1. In-transit foreigners wishing
to enter Vietnam for travel or tourism shall reach agreements with international
travel companies on travel programs (the agreement can be reached before or
upon their arrival at bordergates).
2. International travel
companies wishing to organize tours in Vietnam for in-transit foreigners shall
submit dossiers evidencing their legal entity status to the Vietnam Immigration
Management Department under Clause 2. Section 1 of Joint Circular No.
04/2002/TTLT-BCA-BNG of January 29, 2002, of the Ministry of Public Security
and the Ministry of Foreign Affairs, guiding the Government's Decree No.
21/2001/ND-CP of May 28, 2001, detailing the Ordinance on Entry. Exit and
Residence of Foreigners in Vietnam.
Article 3. Procedures,
place of dossier receipt and time limit for granting Vietnam travel or tourism
permits
1. International travel companies
shall carry out procedures for granting travel or tourism permits at the
Vietnam Immigration Management Department. A dossier comprises:
- A written request for the
grant of a travel or tourism permit, made according to a set form enclosed with
this Circular (not primed herein):
A program on travel or tourism
in Vietnam.
2. Within one working day after
receiving a written request, the Vietnam Immigration Management Department
shall issue a written reply, made according lo a set form enclosed with this -Circular
(not printed herein), to international travel companies. In case of refusal, it
shall clearly state the reason.
3. Exit and entry control
offices at bordergates shall grant Vietnam travel or tourism permits, made
according to a set form enclosed with this Circular (nut printed herein j, to
eligible foreigners.
Article 4. Validity
duration of Vietnam travel or tourism permits
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Article 5. Fee for
granting Vietnam travel or tourism permits
Grantees of Vietnam travel or
tourism permits shall pay a fee under the Ministry of Finance's regulations.
Article 6.
Responsibilities of in-transit passengers eligible for granting Vietnam travel
or tourism permits
1. To fill in a declaration for
request, made according to a set form enclosed with this Circular (not printed
herein) to show passports or transit fare tickets.
2. To observe Vietnamese laws;
to strictly implement travel programs registered by the travel companies with
the Immigration Management Department and the companies' guidance, not to
combine travel purpose with other purposes.
Article 7.
Responsibilities of international travel companies
1. To carry out procedures for
granting Vietnam travel or tourism permits according to Clause 1. Article of
this Circular.
2. To contact directly
border-gate entry and exit control offices to:
- Receive Vietnam travel or
tourism permits;
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3. In case passengers slay
overnight dining a tour, they shall report these passengers" stay under
regulations on temporary residence of foreigners.
4. To directly transport
passengers back to bordergates and complete procedures for their exit upon the
conclusion of travel programs.
5. To observe Article 27 of the
Government's Decree No. 21/2011/ND–CP of May 28, 2001, detailing the Ordinance
on Entry, Exit and Residence of Foreigners in Vietnam.
Article 8.
Responsibilities border-gate entry and exit control offices
1. To carry out entry
procedures:
- To examine the legality and
validity of in-transit passengers' passports or transit fare tickets.
- To provide declaration forms
for requesting travel or tourism permits and guide passengers in filling in
these forms; to grant Vietnam travel or tourism permits according to the list
and travel time approved by the Vietnam Immigration Management Department.
- To carry out procedures for
entry verification in passports (not to grant temporary residence
certificates).
2. To carry out exit procedures:
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- To revoke Vietnam travel or
tourism permits and make exit verification in passports.
Article 9.
Responsibilities of the Vietnam Immigration Management Department
1. To receive and handle
international travel companies' requests in accordance with this Circular.
2. To guide related agencies and
organizations and foreigners in implementing this Circular.
3. To assume the prime
responsibility for, and coordinate with directors of international airports or
seaports in. determining boundaries of transit areas; to put up signboards
describing transit areas at international bordergates.
4. To print and manage forms for
the grant of Vietnam travel or tourism permits.
5. To make state statistics on
in-transit foreigners entering Vietnam for travel or tourism.
Article 10. Handling of
violations
Agencies, organizations or
individuals violating this Circular shall, depending on the nature and severity
of their violations, be handled under Vietnamese law.
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1. This Circular takes effect on
August 14, 2011, and replaces the Public Security Minister's Decision No.
1279/2002/QD-BCA of December 19, 2002, promulgating the Regulation on
management of in-transit foreigners entering Vietnam for travel or tourism.
2. General directors of general
departments, heads of units of the Ministry of Public Security, directors of
provincial-level police departments and directors of the Fire Prevention and
Fighting Police Department shall implement this Circular.
Any problems arising in the
course of implementation should be reported by police offices of units and
localities and related agencies and organizations to the Ministry of Public
Security (through the Vietnam Immigration Management Department) for timely
guidance.-
MINISTER
OF PUBLIC SECURITY GENERAL
Le Hong Anh