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MINISTRY
OF PUBLIC SECURITY – MINISTRY OF NATIONAL DEFENCE
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No.:
03/2016/TTLT-BCA-BQP
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Hanoi, June
24, 2016
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JOINT CIRCULAR
GUIDING THE ENTRY, EXIT AND RESIDENCE OF FOREIGNERS AND
CONTROL AND SUPERVISION OF FOREIGN VEHICLES ENTERING AND EXITING BORDER
ECONOMIC ZONES AND SEA PORTS IN ECONOMIC ZONES
Pursuant to the Law on entry, exit, transit
and residence of foreigners in Vietnam dated June 16, 2014;
Pursuant to the Government's Decree No.
29/2008/ND-CP dated March 14, 2008 on industrial parks, export processing
zones, and economic zones and the Government's Decree No. 164/2013/ND-CP dated
November 12, 2013 providing for amendments to a number of articles of the
Government's Decree No. 29/2008/ND-CP dated March 14, 2008 on industrial parks,
export processing zones, and economic zones;
Pursuant to the Government's Decree No.
106/2014/ND-CP dated November 17, 2014 defining the functions, tasks, powers
and organizational structure of Ministry of Public Security;
Pursuant to the Government's Decree No.
35/2013/ND-CP dated April 22, 2013 defining the functions, tasks, powers and
organizational structure of Ministry of National Defence;
Minister of Public Security and Minister of
National Defence promulgates a Joint Circular to provide the following guidance
on the entry, exit and residence of foreigners and control and supervision of
foreign transport units entering and exiting border economic zones and sea
ports in border economic zones.
Chapter I
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Article 1. Scope
This Circular provides guidance on the
supervision and control of the entry, exit and residence of foreigners, the
issuance of visas and sightseeing permits to foreigners to visit border
economic zones; the supervision and control of foreign vehicles entering and
exiting border economic zones and sea ports in economic zones.
Article 2. Regulated
entities
1. This Circular shall apply to foreigners who
enter, exit and reside in border economic zones, foreign vehicles which enter
and exit border economic zones and sea ports in economic zones, and relevant
agencies and entities.
2. Foreigners who enter border economic zones
through visas issued by competent authorities of Vietnam or under the category
of unilateral visa exemption of Vietnam, and those who are eligible for visa
exemption under international treaties to which Vietnam is a signatory shall
not be governed by this Circular.
Article 3. Conditions for
entry and exit from border economic zones
1. A foreigner who enters a border economic zone
must present any of the following documents:
a) The passport or lawful international travel
document that is still valid for at least 06 months;
b) The border pass and other lawful documents as
regulated by laws and in conformity with international treaties entered into by
Vietnam and neighboring countries with remaining validity of at least 45 days.
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Article 4. Rules for entry,
exit and residence in border economic zones
1. Foreigners may stay in border economic zones
up to 15 days.
2. Foreigners may stay in accommodations in
border economic zones, with the exception of restricted areas and areas where
activities are suspended within the land border area or prohibited or
restricted areas within the sea border area.
3. Chinese citizens who are in possession of
popular e-passports shall comply with specific guidance of the Ministry of
Public Security.
4. If a foreigner enters a border economic zone,
he/she shall has the seal of that border economic zone authority appended on
his/her travel document (the seal shall follow the form No. 01/KC enclosed
herein).
5. If a foreigner who is in possession of a
valid passport or international travel document under the categories herein and
is temporarily residing in a border economic zone is going to travel outside of
that border economic zone, he/she must be guaranteed by An international travel
company operated in Vietnam that shall apply for a visa granted to that
foreigner by the Immigration Department directly under Ministry of Public
Security.
6. If a foreigner who enters Vietnam by using
the border pass or other documents as mentioned in Clause 1 Article 3 wants to
travel to other sites in the province where the border economic zone is
located, he/she must be guaranteed by An international travel company operated
in Vietnam that shall apply for a sightseeing permit granted to that foreigner
by the Immigration Department directly under Ministry of Public Security (using
the form No. 03/GP enclosed herein). That foreigner is not allowed to go
sightseeing to other provinces in Vietnam.
Chapter II
SUPERVISION AND CONTROL
OF THE ENTRY, EXIT AND RESIDENCE OF FOREIGNERS IN BORDER ECONOMIC ZONES
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1. Immigration control units at border
checkpoints shall approve the entry of foreigners after they have examined the
legality and validity of foreigners’ passports or documents mentioned in Clause
1 Article 3 herein, verified photos and confirmed that those foreigners are not
subject to the “chưa cho nhập cảnh” (“entry not approved") case as
prescribed in Clause 2 Article 3 herein.
If a foreigner fails to satisfy the conditions mentioned
in Clause 2 Article 3 herein, the immigration control unit shall not approve
the entry of that foreigner, make a written record thereof and comply with
requirements in the registration form bearing “chưa cho nhập cảnh” (“entry not
approved”) seal (if any).
2. If the entry is approved, immigration control
units at border checkpoints shall append the seals of verification of entry,
stay permit for period of 15 days and “KKT cửa khẩu…..” ("Border economic
zone…..”) on passports or international travel documents or border passes of
entering foreigners. The approval for entry of Chinese citizens who are in
possession of popular e-passports shall comply with specific guidance of the
Ministry of Public Security.
Article 6. Supervision and
control of foreigners’ exit at border economic zones
1. Immigration control units at border
checkpoints shall approve the exit of foreigners after they have examined the
legality and validity of foreigners’ passports or documents mentioned in Clause
1 Article 3 herein, verified photos and confirmed that those foreigners are not
subject to the “tạm hoãn xuất cảnh” (“suspension from exit") case as
prescribed in Clause 2 Article 3 herein.
If a foreigner fails to satisfy the conditions
mentioned in Clause 2 Article 3 herein, the immigration control unit shall not
approve the exit of that foreigner, make a written record thereof and comply
with requirements in the registration form bearing the “tạm hoãn xuất cảnh”
(“suspension from exit") seal (if any). Over the permitted period of
temporary residence, if a foreigner still stays in Vietnam, he/she must face a
penalty for administrative violation and be forced to leave Vietnam with a
written record made.
2. If the exit is approved, immigration control
units at border checkpoints shall append the seal of verification of exit on
passports or international travel documents or border passes of the exiting
foreigners. The approval for exit of Chinese citizens who are in possession of
popular e-passports shall comply with specific guidance of the Ministry of
Public Security.
Article 7. Registration of
temporary residence for foreigners at border economic zones
1. The accommodation in border economic zone
shall carry out the registration of temporary residence for every foreigner within
12 hours from the time when that foreigner enters that accommodation.
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Article 8. Recording and
sending information about the entry and exit of foreigners at border economic
zones
1. Immigration control units at border
checkpoints shall record and send information about the entry and exit of
foreigners to the Border Gate Department directly under the Border Guard High
Command.
2. The Border Gate Department (directly under
the Border Guard High Command) shall send all information about the entry and
exit sent by the immigration control units to the Border Gate Security
Department (directly under the General Department of Security) for the purpose
of serving the state management and statistics on immigration.
Chapter III
PROCEDURES FOR ISSUANCE
OF VISAS AND SIGHTSEEING PERMITS TO FOREIGNERS AT BORDER ECONOMIC ZONES
Article 9. Procedures for
issuance of visas to foreigners for travelling to other regions in Vietnam
If a foreigner who enters a border economic zone
wants to travel to other regions in Vietnam, he/she must, via a An
international travel company operated in Vietnam, submit an application for
visa issuance to the Immigration Office directly under the Police Agency of
province where the border economic zone is located.
1. The application for visa issuance consists
of:
a) 01 Application form for visa issuance, using
the form NA5 promulgated under the Circular No. 04/2015/TT-BCA dated January
05, 2015 of Ministry of Public Security providing for specimen papers
concerning foreigners entering, leaving and residing in Vietnam.
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2. Visa issuance:
a) After receiving the application for visa
issuance, the Immigration Office shall immediately report to the Immigration
Department (by Fax or electronically) for consideration.
b) Within 01 working day, the Immigration
Department shall reply to the Immigration Office (by Fax or electronically) to
issue visa to the applicant. The issuance of visas to Chinese citizens who are
in possession of popular e-passports shall comply with specific guidance
provided for by the Ministry of Public Security.
Article 10. Procedures for
issuance of sightseeing permits to foreigners who enter Vietnam by using the
border passes or other documents as mentioned in Clause 1 Article 3 herein to
travel to other sites in the province where the border economic zone is located
1. If a Chinese or Cambodian citizen who enters
Vietnam by using the border pass or other documents as mentioned in Point b
Clause 1 Article 3 herein wants to travel to other sites in the province where
the border economic zone is located, he/she must, via An international travel
company operated in Vietnam, submit application for a sightseeing permit to the
Immigration Station of that border economic zone. The maximum duration of a
sightseeing permit to travel to other sites in the province must be conformable
with the tour organized by the international travel company provided that it
shall not exceed 15 days and is not extended.
a) The application for issuance of sightseeing
permit consists of:
- The written request for the issuance of
sightseeing permit, using the form No. 02/CV herein.
- The border pass and documents mentioned in
Point b Clause 1 Article 3 herein.
b) Issuance of sightseeing permit:
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- Within 01 (one) working day, the Immigration
Office shall reply to the Immigration Station to issue the sightseeing permit.
Fees for issuance of the sightseeing permit to travel to other sites in the
province shall comply with regulations and laws on fees and charges.
2. Laotian citizens who enter Vietnam by using
border passes shall comply with regulations in the Circular No. 41/2011/TT-BCA
dated June 29, 2011 of Ministry of Public Security providing guidance on the
issuance of border passes to travel to Laos to Vietnamese citizens and permits
to travel to provinces and cities in Vietnam to Laotian citizens.
Chapter IV
CONTROL AND SUPERVISION
OF OPERATORS AND FOREIGN VEHICLES ENTERING AND EXISTING BORDER GATE ECONOMIC
ZONES AND SEA PORTS IN BORDER GATE ECONOMIC ZONES
Article 11. Control and
supervision of operators and foreign vehicles entering and existing border gate
economic zones
1. Operators and foreign vehicles entering and
existing Vietnam through land border gates must present the following
documents:
a) Required documents for vehicles:
- Certificate of vehicle registration;
- Documents related to cargo procedures (for
vehicle for transporting cargo);
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- Cross-border transport permit;
- Permit for transport of passengers/commodities
(if any);
- Certificate of technical safety and
environment protection.
- Other documents as regulated by the law of
Vietnam or international treaties to which Vietnam is a signatory.
b) Required documents for a vehicle operator:
- The passport or international travel document
or border pass.
- License of vehicle operator.
c) Visa exemption shall be granted to the
vehicle operator mentioned in Point b Clause 1 herein. The immigration control
unit at border checkpoint shall approve the entry and issue certificate of
temporary residence in conformity with entry purposes after that immigration control
unit has checked and confirmed that all conditions for entry mentioned in
Article 3 herein have been satisfied. The settlement of entry and exit shall
comply with respective Article 5 and Article 6 herein.
2. Vehicles and operators of vehicles by waterway
of the countries that share borders with Vietnam must comply with procedures on
entry or exit at border regions when delivering or receiving commodities at sea
ports or river ports in border economic zones. The following documents must be
presented and submitted when carrying out procedures for entry/exit:
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- General declaration;
- Crew list;
- List of passengers (if any);
- Explosives, weapons or dangerous goods
manifest (if any);
- Declaration of stowaway (if any).
b) The following documents must be presented (01
original of each type):
- Certificate of ship registration or ship
registration book;
- License to use radio frequencies and
equipment;
- Certificate of technical safety;
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- Passport or seaman’s passport or seaman’s
discharge book or border pass issued by a competent authority of the country of
which that seaman is a citizen.
3. The vehicles regulated in Clause 1 and Clause
2 herein must be governed by current regulations if they are used to transport
or deliver/receive commodities at other locations outside border economic
zones.
4. The control and supervision of foreigners and
foreign vehicles inside Vietnam entering/leaving border economic zones shall
comply with the Government's Decree No. 34/2014/ND-CP dated April 29, 2014
promulgating regulations on land border areas of the Socialist Republic of
Vietnam and the Government's Decree No. 50/2008/ND-CP dated April 21, 2008 on
management and protection of security and order at seaport border gates.
Chapter V
RESPONSIBILITIES OF
COMPETENT AUTHORITIES FOR CONTROL AND SUPERVISION OF FOREIGNERS AND FOREIGN
VEHICLES ENTERING AND EXITING BORDER GATE ECONOMIC ZONES AND SEA PORTS IN
BORDER GATE ECONOMIC ZONES
Article 12.
Responsibilities of affiliates of Ministry of Public Security
1. General Department of Security (Border Gate
Security Department)
a) Coordinate with the Border Guard High Command
(the Border Gate Department) to provide guidance to Border Guard Forces in
provinces where border economic zones are located on the control and
supervision of entry/exit of foreigners and foreign vehicles, and settlement of
violations against regulations on immigration at border gates;
b) Instruct the Police Agencies of
central-affiliated cities or provinces in coordinating with the Border Guard
Forces in provinces where border economic zones are located to settle
violations against immigration law which are committed by foreigners and beyond
the competence of the Border Guard Forces.
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a) Announce forms of passports, international
travel documents, border passes and other lawful documents in conformity with
the law of Vietnam and regulations in international treaties entered into by
Vietnam and neighboring countries.
b) Consider and reply to the Police Agencies of
the provinces where border economic zones are located to issue visas to
foreigners who apply for visa issuance via international travel companies;
c) Instruct the Police Agencies of
central-affiliated cities or provinces in issuing visas or sightseeing permits
to foreigners to travel to other sites in a given province and handling
violations against law on entry, exit and residence at border economic zones.
3. The Police Agency of a province where the
border economic zone is located:
a) Issue visas to foreigners in need of
travelling to other regions within the territory of Vietnam, and issue sightseeing
permits to foreigners in need of traveling to other sites in that province
where the border economic zone is located;
b) Manage the temporary residence of foreigners,
inspect and handle violations against the immigration law which are committed by
foreigners at border economic zones;
c) Provide advice and proposals concerning the
establishment of Immigration Stations at border economic zones.
4. The Police Agencies of central-affiliated
cities or provinces are responsible for managing the residence of foreigners,
inspecting and handling violations committed by foreigners against the
immigration laws.
Article 13.
Responsibilities of affiliates of Ministry of National Defence
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a) Instruct the Border Guard Forces of provinces
where border economic zones are located in organizing and using personnel and
facilities to supervise and control the entry/exit, supervise foreigners and
foreign vehicles entering/leaving border economic zones and sea ports in
economic zones. Take charge and coordinate with General Department of Security
(the Border Gate Security Department and the Immigration Department) to provide
guidance on the control and supervision of entry/exit of foreigners, foreign
vehicles and commodities entering/leaving border economic zones and sea ports
in border economic zones, and handling of violations committed by foreigners
against the laws on entry, exit and residence at border areas;
b) Instruct immigration control units to daily
send data about foreigners’ entry/exit and violations committed by foreigners
against the laws on entry, exit and residence at border areas to the Border
Gate Department or the Border Guard High Command in order to send to the Border
Gate Security Department directly under the General Department of Security.
2. Steering Committees of the Border Guard
Forces in provinces where border economic zones are located shall instruct
immigration control units to:
a) Carry out the supervision and control of
foreigners and foreign vehicles entering/leaving through border gates;
b) Manage and supervise foreign vessels/ships
and seamen when they anchor at sea ports in border economic zones in conformity
with laws;
c) Handle violations committed by foreigners against
the immigration law at border areas.
Chapter VI
IMPLEMENTATION
Article 14. Effect
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Article 15. Implementation
1. The General Department of Security (directly
under Ministry of Public Security) and the Border Guard High Command (directly
under Ministry of National Defence) shall instruct and inspect the
implementation of this Circular within their ambit of functions, tasks and
powers.
2. The Border Gate Security Department and the
Immigration Department (directly under the General Department of Security), the
Border Gate Department (directly under Border Guard High Command), Directors of
the Police Agencies, Commanders of the Border Guard Forces of
central-affiliated cities or provinces shall be responsible for implementing
this Circular.
The Police Agencies and the Border Guard Forces
of central-affiliated cities or provinces should report any difficulties that
arise during the implementation of this Circular to the General Department of
Security (via the Border Gate Security Department) or the Border Guard High
Command (via the Border Gate Department) in a timely manner for
consideration./.
PP MINISTER
OF NATIONAL DEFENCE
DEPUTY MINISTER
Lieutenant-general Phan Van Giang
PP MINISTER
OF PUBLIC SECURITY
DEPUTY MINISTER
Senior Lieutenant-general Bui Van Nam
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