THE
STATE COUNCIL
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SOCIALIST
REPUBLIC OF VIETNAM
Independence-Freedom-Happiness
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No.
65-LCT/HDNN8
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Hanoi,
February 21, 1992
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ORDINANCE
ON ENTRY, EXIT, RESIDENCE, AND TRAVEL OF FOREIGNERS IN
VIETNAM
Pursuant to article 100 of
the Constitution of the Socialist Republic of Vietnam and article 34 of the Law
on Organization of the National Assembly and the State Council dated 29
February, the Chairman Vo Chi Cong of the State Council promulgates the Ordinance
on Entry, Exit, Residence, and Travel of Foreigners in Vietnam which was
approved by the State Council on 21 February, 1992. The Ordinance is as
follows:
In order to contribute towards the implementation of State policies on the
development of friendly relations and co-operation with foreign countries, and
to protect the interests and sovereignty of the nation;
Pursuant to article 100 of the Constitution of the Socialist Republic of
Vietnam;
This Ordinance stipulates the procedures for the entry, exit, transit,
residence, and travel of foreigners in Vietnam.
Chapter I.
GENERAL PROVISIONS
Article 1.
In this
Ordinance, the following terms shall have the meanings ascribed to them
thereunder:
1. Foreigner means a person who
does not have Vietnamese citizenship.
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3. Temporary foreign resident
means one or more foreigner who is residing in Vietnam for a definite period of
time.
Article 2.
1. The
Government of the Socialist Republic of Vietnam shall create favorable
conditions for the entry into, exit from, and transit through Vietnam of
foreigners; it shall protect the lives, possessions, and other legal interests
of foreigners who reside in Vietnam in accordance with the laws of Vietnam and
international treaties to which the Socialist Republic of Vietnam is a
signatory.
2. All foreigners who reside in
Vietnam shall abide by the Constitution and law of Vietnam, and shall respect
the traditions and customs of the Vietnamese people.
3. Where an international treaty
to which the Socialist Republic of Vietnam is a signatory contains provisions
which are inconsistent with the provisions of this Ordinance, the provisions of
the international treaty shall prevail.
Chapter II.
ENTRY, EXIT, AND TRANSIT
Article 3.
1. All
foreigners shall, upon entering into, and exiting from, Vietnam, hold passports
or valid papers in lieu thereof and regular visas issued by the authorized
Vietnamese agency.
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In the circumstances stipulated
by the Council of Ministers where a foreigner has been allowed entry by an
authorized State agency of Vietnam, he or she shall be granted a visa at the
port of entry into Vietnam.
3. All foreigners under fourteen
(14) years of age who are included in the visa application form of his or her
guardian shall not be required to carry out the visa application procedures.
4. The Council of Ministers
shall stipulate the procedures for the issuing of visas and the ports of entry
where visas are permitted to be issued.
Article 4.
1. The
visas of Vietnam include the following types of visas:
(a) Entry visa;
(b) Exit visa;
(c) Entry - Exit visa;
(d) Exit - Entry visa;
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2. Visas shall be valid for
single use only. The Council of Ministers has the power to stipulate the circumstances
for the issue of multiple use entry-exit visas.
3. The Council of Ministers
shall stipulate the duration of each type of visas; and the procedures for the
extension of, amendment of, addition to and termination of visas.
Article 5.
1. Entry
visas and entry-exit visas may be terminated if the visa-holder comes within
one of the circumstances stated in articles 6 and 14 of this Ordinance, or no
longer satisfies the proper requirements to be granted entry into Vietnam.
2. Exit visas and exit-entry
visas may be terminated if the visa-holder comes within one of the
circumstances stated in article 7 of this Ordinance.
Article 6.
Entry
visas or entry-exit visas may be refused by reason of any of the following:
1. The person applying for the visa
intentionally makes a false declaration in his or her application for entry
into Vietnam;
2. The person applying for the
visa has, during a previous stay in Vietnam, committed a serious breach of any
of its laws;
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4. Considerations of national
security.
Article 7.
Foreigners
shall not be restricted from leaving Vietnam; however, the exit of any
foreigner or the grant of an exit or exit-entry visa may be delayed by reason
of any of the following:
1. The foreigner is currently
the subject of criminal charges or has an obligation to serve a criminal
sentence;
2. The foreigner has an
obligation to serve a civil sentence, or to implement a decision of an
arbitration body, or a decision dealing with breaches of management, taxation
obligations, fees, and other financial obligations in accordance with the
provisions of the law of Vietnam, except in cases where bail is paid, or
deposits of money or assets are made, or other measures are taken in order to
discharge the obligation;
3. Orders for the arrest or
decisions for the temporary holding of the foreigner are made by the
responsible authorities of Vietnam.
Article 8.
1. All
provisions on entry into and exit from Vietnam stated in this Chapter shall
apply to foreigners in transit.
2. Foreigners in transit through
Vietnam shall be exempt from visa requirements provided that the length of
their stay in the territory of Vietnam is less than seventy-two (72) hours, and
the foreigner does not go outside the areas reserved for people in transit.
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Article 9.
Foreigners
who enter into Vietnam by way of road shall abide by all provisions on entry
into, exit from, and transit through Vietnam stated in this chapter.
Chapter
III.
RESIDENCE AND TRAVEL
Article 10.
1. Within
forty-eight (48) hours of entering into Vietnam, a foreigner must register
details of his or her residence at an authorized State agency of Vietnam.
The registration of residence
shall include registration of the purpose of the visit, the length of stay, and
the residential address in Vietnam.
Persons in transit who are
exempted from visa requirements are not required to register the details of
their residence.
2. Foreigners may not register
residences in areas in which foreigners are prohibited to reside.
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Temporary foreign residents may register
a temporary place of residence at a location within the territory of Vietnam
which is appropriate in terms of the purposes of entry.
Article 11.
1. Upon
registration of a permanent place of residence, a permanent foreign resident
shall be issued with a certificate of permanent residency. A certificate for
permanent residency shall be revoked if a permanent resident decides to settle
in another country or is deported; in the event of a change to the registered
place of residence, the occupation, or any other matters which are stated in
the certificate of permanent residency, the foreign resident must register any
amendments, or additions to the certificate of permanent residency with an
authorized State agency of Vietnam.
2. Upon registration of a temporary
place of residence, a temporary foreign resident shall be issued with a
certificate of temporary residency. A certificate of temporary residency shall
be valid for a period not exceeding one year as of the date of issue, and may
be extended for periods not exceeding twelve (12) months at a time, in
accordance with the purposes of the temporary residency; in the event that the
temporary foreign resident wishes to change the registered purpose of his or
her temporary residency, he or she must register the amendments with an
authorized State agency of Vietnam.
A certificate of temporary
residency may be terminated in the event that the purpose for which the
temporary resident is staying in Vietnam is no longer in accordance with the
registered purpose for temporary residency, or the temporary resident comes
within one of the circumstances stated in article 14 of this Ordinance.
Where a certificate of temporary
residency expires and no extension is granted, or has been terminated, the
foreigner must leave Vietnam; if the foreigner does not leave voluntarily, then
he or she shall be compelled to leave.
Article 12.
1. In
cases where foreigners wish to enter areas in which foreigners are prohibited
from residing or traveling, they may do so provided that they obtain a permit
from an authorized State agency of Vietnam.
2. With the exception of the
circumstances stated in clause 1 of this article, the provisions on the travel
of foreigners in Vietnam are as follows:
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(b) Temporary foreign residents
who travel within the border of the province or city under central authority
where their temporary place of residence is registered, and of other regions in
which travel is required for the registered purpose of the temporary residency,
shall not be required to obtain a travel permit; in the event of travel to
regions outside the borders stated above, the foreigner must obtain a permit
from an authorized State agency of Vietnam.
3. In the event that, during his
or her travel, the foreigner has to stay overnight at a location other than his
or her registered place of residence, he or she must inform the authorities of
the temporary stopover in accordance with the provisions of the law.
Article 13.
The
Council of Ministers shall stipulate the procedure for the registration of
places of residence; the procedures for the issuing of, amendment of, addition
to, and termination of certificates of permanent residency; the procedures for
the issuing of, extension of, amendment of, addition to, and termination of
certificate of temporary residency, and travel permits for foreigners; and
provisions in relation to the areas in which foreigners are prohibited from
residing or traveling, and in relation to the residency and travel of
foreigners entering into Vietnam by way of road.
Chapter IV.
DEPORTATION
Article 14.
Any
foreigner may be deported from Vietnam by reason of any of the following:
1. The activities of the
foreigner endanger national security;
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3. The foreigner is a physical
threat to the lives and health of other people in Vietnam.
Article 15.
1. The
foreigner shall be deported upon the issuing of a deportation order from the
Minister of the Interior. The deportation order shall state clearly the name,
the occupation, and the nationality of the deported person; the reasons for
deportation; the time period in which the deported person must leave Vietnam;
and the steps taken to allow for explanation (if any).
2. The deportation of foreigners
who have been given preferential treatment, or diplomatic and consular
immunity, shall be resolved through diplomacy.
Article 16.
A
deportee must leave Vietnam within the time period stated in the deportation
order.
In the event that a deportee
does not voluntarily abide by the deportation order, the head of the central
administrative agency for exit and entry, or the director of the public
security office of the provinces and cities under central authority shall have
the power to detain the person temporarily in order that other measures can be
taken to carry out the deportation.
Chapter V.
STATE MANAGEMENT OF
ENTRY, EXIT RESIDENCE, AND TRAVEL OF FOREIGNERS IN VIETNAM
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1. State
management of the entry, exit, residence, and travel of foreigners in Vietnam
shall include:
(a) Promulgation of legislation
in relation to entry, exit, transit, access by road, residence, and travel in
Vietnam;
(b) Issuing of permits for entry
into, exit from, transition through Vietnam, and travel within the territory of
Vietnam; issuing, extension, amendment, and termination of all visas in
Vietnam;
(c) Management of residency;
(d) Dealing with breaches of the
law relating to entry, exit, transit, access by road, residence, travel, and
other activities in Vietnam;
(e) Provision of State
statistics on entry, exit, transit, road access and residence;
(f) International co-operation
in relation to entry, exit, transit, access by road, residence, and travel of
foreigners.
2. The Council of Ministers
shall provide for the uniform State administration of the entry, exit,
residence, and travel of foreigners in Vietnam; it shall provide for a system
of management agencies for control of entry/exit at central and local level in
order to ensure that duties and powers are being exercised in accordance with
the provisions of this Ordinance; it shall promulgate regulations in order to
co-ordinate the Ministry of Interior, the Ministry of Foreign Affairs, and
other bodies concerned in relation to the management of entry, exit, transit,
access by road, residence, travel, and activities of foreigners in Vietnam.
Article 18.
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2. The task of issuing,
extending, amending, adding to, or terminating all types of visas in Vietnam;
of issuing, amending, adding to, or terminating certificates of permanent
residency; of issuing, extending, amending, adding to, or terminating
certificates of temporary residency; and of issuing travel permits in relation
to foreigners other than those who are entitled to preferential treatment, or
diplomatic or consular immunity, shall be carried out by the management
agencies for control of entry/exit.
The task of issuing visas at
ports of entry into Vietnam, in accordance with the provisions in clause 2 of
article 3 of this Ordinance, shall be carried out by the commander of the
public security office located at the port of entry.
3. The task of issuing,
extending, amending, adding to, and terminating all types of visas in Vietnam;
and of registering residency and issuing travel permits, in relation to
foreigners who are entitled to preferential treatment, or diplomatic or
consular immunity, shall be carried out by the Ministry of Foreign Affairs.
4. The task of issuing entry,
entry-exit and transit visas of Vietnam; of extending, amending, adding to, and
terminating all types of visas, in foreign countries, shall be carried out by
the Vietnamese foreign affairs representative offices or consulates in foreign
countries.
5. The task of delaying the exit
of, and enforcing the departure of foreigners from Vietnam shall be carried out
by the heads of the management agencies for the control of entry/exit at
central level.
The task of penalizing administrative
breaches in relation to entry, exit, residence, and travel of foreigners in
Vietnam, in accordance with the provisions of the law on penalizing
administrative breaches, shall be carried out by the heads of the management
agencies for the control of entry/exit.
Article 19.
1. The
State bodies authorized in relation to the entry, exit, residence, and travel
of foreigners in Vietnam, shall, while carrying out their respective duties and
powers, be responsible to co-ordinate closely with the other State bodies
concerned, social organizations, economic entities, and Vietnamese citizens.
2. Local authorities at all
level, other State bodies, social organizations, economic entities, and every
citizen shall be responsible to co-operate and assist authorized State agencies
for entry, exit, residence, and travel of foreigners in Vietnam to carry out
fully their duties and powers.
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DEALING WITH BREACHES
Article 20.
1.
Vietnamese organizations and foreign organizations in Vietnam which commit breaches
of the provisions on entry, exit, transit, access by road, residence, travel,
and activities of foreigners in Vietnam, shall be dealt with administratively,
in accordance with the provisions of the law on penalizing administrative
breaches.
Any person who dishonestly
falsifies documents in order to enter into or exit from Vietnam; or who resides
or travels in Vietnam without a permit, or breaches any other provision of the
law of Vietnam relating to entry, exit, transit, access by road, residence, and
travel in Vietnam shall, depending on the extent of the breach, be dealt with
administratively, or arrested for criminal responsibility, and, if the person
causes damage he or she must pay compensation.
2. Any person who abuses his
position and power for his own interests or other personal motive, and thereby
breaches the provisions on issuing, extending, amending, adding to, and
terminating visas, certificates of permanent and temporary residency, travel
permits, or any other provisions of this Ordinance shall, depending on the
extent of the breach, be disciplined, be penalized administratively, or be
arrested for criminal liability in accordance with the provisions of the law;
and if the person causes any damage, he or she must pay compensation.
Chapter
VII.
FINAL PROVISIONS
Article 21.
The
Council of Ministers shall prescribe the fees for issuing, extending, amending,
and adding to, visas, certificates of permanent and temporary residency, and
travel permits.
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This
Ordinance shall be of full force and effect as of 1 May, 1992. All previous
provisions which are inconsistent with the provisions of this Ordinance are
hereby repealed.
Article 23.
The
Council of Ministers shall make detailed regulations on the implementation of
this Ordinance.
FOR
THE STATE COUNCIL OF
THE SOCIALIST REPUBLIC OF VIETNAM
CHAIRMAN
Vo Chi Cong