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THE MINISTRY
OF PUBLIC SECURITY
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
31/2015/TT-BCA
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Hanoi, July 6,
2015
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CIRCULAR
ON GUIDELINES FOR ISSUANCE OF VISAS, TEMPORARY RESIDENCE
CARDS, ENTRY/EXIT PERMITS, AND GRANTING PERMANENT RESIDENCE STATUS FOR
FOREIGNERS IN VIETNAM
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 promulgates a
Circular on guidelines for issuance of visas, temporary residence cards,
entry/exit permits, granting permanent residence status for foreigners in
Vietnam.
Chapter I
GENERAL PROVISIONS
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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 inviting 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.
2. An application for issuance of visa 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 NA2 form applicable to agencies or
organizations;
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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
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 inviting 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
inviting entity’s headquarter is located or where the inviting 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) A photocopy of temporary residence card
attached with the original copy for comparison (if any);
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
Article 8.
Transitional provisions
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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. 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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MINISTER
General Tran Dai Quang