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OFFICE
OF THE NATIONAL ASSEMBLY OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 30/VBHN-VPQH
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Hanoi,
August 02, 2023
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LAW
ENTRY, EXIT, TRANSIT AND RESIDENCE OF FOREIGNERS IN VIETNAM
The Law No. 47/2014/QH13
dated June 16, 2014 of the National Assembly on Entry, Exit, Transit and
Residence of Foreigners in Vietnam, which comes into force from January 01,
2015 is amended by:
1. The Law No.
51/2019/QH14 dated November 25, 2019 of the National Assembly on amendments to
a number of Articles of the Law on Entry, Exit, Transit and Residence of
Foreigners in Vietnam, which comes into force from July 01, 2020;
2. The Law No.
23/2023/QH15 dated June 24, 2023 of the National Assembly on amendments to some
Articles of the Law on Entry and Exit of Vietnamese Citizens and the Law on
Entry, Exit, Transit and Residence of Foreigners in Vietnam, which comes into
force from August 15, 2023.
Pursuant to the
Constitution of the Socialist Republic of Vietnam;
The National Assembly
promulgates the Law on Entry, Exit, Transit and Residence of Foreigners in
Vietnam[1].
Chapter I
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Article 1. Scope
This Law provides for
rules, conditions, procedures, rights and obligations of foreigners who enter,
exit, transit and reside in Vietnam; rights and obligations of Vietnamese
authorities and other agencies, organizations and individuals (hereinafter
referred to as "entities") to entry, exit, transit and residence of
foreigners in Vietnam.
Article 2. Regulated
entities
This Law applies to foreigners
who enter, exit, transit and reside in Vietnam, Vietnamese authorities,
relevant Vietnamese and foreign entities.
Article 3. Definition
of terms
In this Law, the terms
below are construed as follows:
1. "Foreigner"
means a person carrying a paper proving his/her foreign nationality or a
person without nationality who enters, exits, transits or resides in Vietnam.
2. "Paper proving
foreign nationality" means a paper issued by a foreign authority or
the United Nations (UN), including passport or passport substitute (hereinafter
referred to as “passport”).
3. "International
laissez-passer" means a document issued by a competent authority of a
country to a person without nationality who is residing therein, and accepted
by a Vietnamese authority.
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5. "
Transit" means an activity of a foreigner passing through or staying
within an area for transit passengers at a border checkpoint of Vietnam before
going to a third country.
6. “Exit” means an
activity of a foreigner exiting Vietnam territory via a border checkpoint of
Vietnam.
7. "Exit
suspension" means a decision made by a competent person of Vietnam to
suspend a foreigner residing in Vietnam from exiting Vietnam for a certain
period of time.
8. "Forced
exit" means a decision made by competent person of Vietnam to compel a
foreigner residing in Vietnam to exit Vietnam territory through a Vietnam’s
border checkpoint.
9. "Residence"
means a foreigner’s permanent or temporary residence in Vietnam.
10. "Border
checkpoint" means a place where foreigners are permitted to enter,
exit or transit.
11. "Visa" means
a document issued by a competent authority of Vietnam to a foreigner to grant
entry into Vietnam.
12. "Temporary
residence certification" means a certification by a Vietnamese
authority of the period over which the foreigner may temporarily reside in
Vietnam.
13. "Temporary
residence card" means a document issued by an immigration authority or
a competent authority of the Ministry of Foreign Affairs to a foreigner who is
permitted to reside in Vietnam for a certain period of time. This card has the
same validity as a visa.
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15. "Immigration
authority" means an agency affiliated to the Ministry of Public
Security that manages entry, exit, transit and residence of foreigners in
Vietnam.
16. "Immigration
control unit" means a unit that controls the entry, exit and transit
of foreigners in Vietnam at a border checkpoint.
17. "Overseas
visa-issuing authorities" of Vietnam include diplomatic missions or
other overseas agencies of Vietnam authorized to act as consulates.
18. [2] “Immigration
web portal” means a web portal of an immigration authority, capable of
publishing information, providing online public services, assisting in search, connection
and storage of information, providing instructions on procedures and answering
questions related to entry and exit management.
19. [3] “Website for
issuance of electronic visas” means a website affiliated to the immigration
web portal, capable of receiving, processing and providing information related
to issuance of electronic visas.
Article 4. Rules for
entry, exit, transit and residence
1. Complying with
regulations of this Law, other regulations of relevant Vietnamese laws or
international treaties to which the Socialist Republic of Vietnam is a
signatory.
2. Respecting the
independence, sovereignty, unity, and territorial integrity; maintaining
national security, social order, and equality in international relationship.
3. Ensuring openness, transparency
and advantages for foreigners; stringency and consolidation in management of
entry, exit, transit and residence of foreigners in Vietnam.
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Article 5. Prohibited
acts
1. Obstructing foreigners
and relevant entities in exercise of their rights or fulfillment of their
obligations or responsibilities in accordance with regulations of law on entry,
exit, transit, and residence of foreigners in Vietnam.
2. Establishing
procedures, requiring documents or generating revenues against this Law and
regulations of relevant laws; harassing foreigners when they follow procedures
for entry, exit, transit, or residence in Vietnam.
3. Illegally entering,
exiting, transiting or residing in Vietnam; preparing or using fake documents
to enter, exit, transit, or reside in Vietnam.
4. Providing false
information or documents in order to obtain permission for entry, exit,
transit, or residence in Vietnam.
5. Taking advantage of
entry, exit, transit, or residence in Vietnam to conduct acts against Socialist
Republic of Vietnam; infringing upon the lawful rights and interests of other
entities.
6. Buying, selling,
leasing, lending, borrowing, falsifying immigration or residence documents in
order for foreigners to enter, exit, transit, or reside in Vietnam.
Article 6. Revocation
and invalidation of immigration or residence documents issued by Vietnamese
competent authorities
Any foreigner that
commits violations against regulations of Clauses 3, 4, 5, and 6 Article 5,
Clause 3 Article 21, Point b Clause 2 Article 44 of this Law shall have his/her
immigration or residence document revoked or invalidated.
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VISA
Article
7. Forms and uses of visa [4]
1. Visa
shall be issued and attached to passport, issued separately or issued via
electronic transaction. The visa issued via electronic transaction is called as
electronic visa.
2. Visas
shall be issued individually for each person, except for cases bellow:
a) Visas
for children under 14 years of age travelling on passports of their parents or
guardians shall be issued together with visas thereof;
b) Visas
shall be issued according to lists issued by immigration authorities with
respect to foreigners visiting and travelling or transiting by sea who wish to
enter inland for visiting and tourism purposes according to programs organized
by international tourism enterprises in Vietnam; members of foreign military
ships travelling under official programs of tours outside of central-affiliated
cities and provinces where their ships anchor.
3.[5]
Visas can be used once or multiple times; and visas issued under
circumstances specified in Point b Clause 2 of this Article may be only used
once.
4. A
visa of an individual cannot be repurposed, except for cases below:
a)
He/she presents document proving to be an investor or a representative for
foreign organization investing in Vietnam as per the law of Vietnam;
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c) He/she is invited or
sponsored by agencies or organizations and presents work permit or confirmation
of eligibility for work permit exemption according to the labor law;
d) He/she makes entry by
electronic visa and presents work permit or confirmation of eligibility for
work permit exemption according to the labor law.
5. In case a person
repurposes visa as specified in Clause 4 of this Article, he/she shall be
issued with a new visa with number and time limit suitable with the new
purpose. Procedures for issuance of new visas shall comply with Article 19 of
this Law.
Article 8. Visa
symbols
1. NG1 - issued to
members of delegations invited by the General Secretary of the Communist Party
of Vietnam Central Committee, the President of Vietnam, the President of the
National Assembly, the Prime Minister.
2. NG2 - issued to
members of delegations invited by the Permanent Member of the Communist Party
of Vietnam Central Committee's Secretariat, Deputy President of Vietnam, Deputy
President of the National Assembly, Deputy Prime Minister, President of
Vietnamese Fatherland Front, Executive Judge of the Supreme People's Court, Prosecutor
General of the Supreme People's Procuracy, State Auditor General; members of
delegations at the same levels of Ministers and equivalent titles, Secretary
Generals of Provincial Communist Authorities, Presidents of Provincial People's
Councils, Presidents of Provincial People’s Committees.
3. NG3 - issued to
members of diplomatic missions, consular missions, representative offices of
international organizations affiliated to the UN, representative offices of
intergovernmental organizations and their spouses, children under 18 years of
age, and housemaids during their term of office.
4.[6] NG4 - issued
to persons who come to work with diplomatic missions, consular missions,
representative offices of international organizations affiliated to the UN,
representative offices of intergovernmental organizations and accompanying
spouses, children under 18 years of age; visitors of diplomatic missions,
consular missions, representative offices of international organizations
affiliated to the UN and representative offices of intergovernmental
organizations.
5. LV1 - issued to
persons who come to work with departments, agencies and units affiliated to
Vietnam’s Communist Party; the National Assembly, the Government, Central
Committee of Vietnamese Fatherland Front, the Supreme People’s Court, the
Supreme People’s Procuracy, State Audit Agency, Ministries, ministerial
agencies, Governmental agencies, provincial Communist Authorities, provincial
People’s Councils, provincial People’s Committees.
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7.[7] LS - issued
to foreign lawyers practicing in Vietnam.
7a.[8]
DT1 - issued to foreign investors in Vietnam and representatives of foreign
organizations investing in Vietnam and contributing capital of VND 100 billion
or more or investing in business lines benefitting from investment incentives,
in administrative divisions benefitting from investment incentives decided by
the Government.
7b.[9]
DT2 - issued to foreign investors in Vietnam and representatives of foreign
organizations investing in Vietnam and contributing capital of VND 50 billion
to less than VND 100 billion or investing in business lines benefitting from
investment incentives treatment decided by the Government
7c.[10]
DT3 - issued to foreign investors in Vietnam and representatives of foreign
organizations investing in Vietnam and contributing capital of VND 3 billion to
less than VND 50 billion.
7d.[11] DT4 -
issued to foreign investors in Vietnam and representatives of foreign
organizations investing in Vietnam and contributing capital of less than VND 3
billion.
8.[12] DN1 -
issued to foreigners working with other enterprises and organizations that are
juridical persons as per the law of Vietnam.
8a.[13] DN2 -
issued to foreigners making entry to promote services, establish commercial
presence or conducting other activities according to international agreements
to which Vietnam is a signatory.
9. NN1 - issued to Managers
of representative offices or projects of international organizations and
foreign non-governmental organizations in Vietnam.
10. NN2 - issued to heads
of representative offices, branches of foreign traders, representative offices
of other foreign economic, cultural, professional organizations in Vietnam.
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12. DH - issued to
persons who come to study or serve internship.
13. HN - issued to
persons who come to attend conventions or conferences.
14. PV1 - issued to
journalists who permanently reside in Vietnam.
15. PV2 - issued to
journalists who come to work for a short period of time in Vietnam.
16.[14] LD1 -
issued to foreigners working in Vietnam and obtaining certification of
eligibility for work permit exemption, unless otherwise specified by
international agreements to which Vietnam is a signatory.”;
16a.[15] LD2 –
issued to foreigners working in Vietnam and required to obtain work permits.
17. DL - issued to
tourists.
18.[16] TT –
issued to foreigners that are spouses or children under 18 years of age of
foreigners issued with LV1, LV2, LS, DT1, DT2, DT3, NN1, NN2, DH, PV1, LD1 or
LD2 visas or foreigners that are parents, spouses or children of Vietnamese
citizens.
19. VR - issued to
persons who come to visit their relatives or for other purposes.
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21.[17] EV -
Electronic visas.
Article 9. Time limit
of visa
1.[18] Time limit
of SQ visa does not exceed 30 days.
2.[19]
Time limits of HN, DL and EV visas do not exceed 90 days.
3.[20] Time limit
of VR visa does not exceed 180 days.
4.[21] Time limits
of NG1, NG2, NG3, NG4, LV1, LV2, DT4, DN1, DN2, NN1, NN2, NN3, DH, PV1, PV2 and
TT visas do not exceed one year.
5.[22] Time limits
of LD1 and LD2 visas do not exceed 2 years.
5a.[23] Time limit
of DT3 visa does not exceed 3 years.
6.[24] Time limits
of LS, DT1 and DT2 visas do not exceed 5 years.
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8. The time limit of a
visa shall be at least 30 days shorter than that of a passport or international
laissez-passer.
9.[25] International
agreements to which Vietnam is a signatory shall prevail in case such
international agreements specify otherwise.
Article 10. Conditions
for visa issuance
A person shall be issued
with a visa when he/she:
1. has a passport or
international laissez-passer.
2.[26] is invited
or sponsored by agencies, organizations or individuals in Vietnam, except for
cases specified in Article 16a, Article 16b and Clause 3 Article 17 of this
Law.
3. is not suspended from
entry in the cases mentioned in Article 21 of this Law.
4. Proof of entry
purposes shall be provided upon application for a visa in the following cases:
a) Any foreigner who
comes to make investment shall have papers proving the investment in Vietnam in
accordance with the Law on Investment;
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c) Any foreigner who
comes to work in Vietnam shall have a work permit in accordance with the Labor
Code;
d) Any foreigner who
comes to study shall have written acceptance of a school or an Education
Institution in Vietnam.
5.[27] Electronic
visas shall be issued to foreigners possessing passports and not falling into
categories specified in Clauses 1, 2, 3 and 4 Article 8 of this Law.
Article 11. Cases in
which visas are issued separately
1. The passport has no
more blank pages to issue visa.
2. The passport is issued
by a government that has not had a diplomatic relation with Vietnam.
3. International
laissez-passer.
4. The visa is separately
issued for reasons for diplomacy, or national defense and security.
5.[28] Visas shall
be issued as specified in Point b Clause 2 Article 7 of this Law
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1. Cases are prescribed
in international agreements to which Vietnam is a signatory.
2. Permanent residence
cards and temporary residence cards are used in accordance this Law.
3. Entering checkpoint
economic zones, special administrative - economic units.
3a.[29] Entering
coastal economic zones decided by the Government if fully satisfying following
conditions: having international airports; having private space; having
geographical border defined and separate from inland; in conformity with
socio-economic development policies and not harming national defense and
security, social safety and order of Vietnam.
4. Under regulations in
Article 13 of this Law.
5. Vietnamese people
residing overseas who have passports or international laissez-passers issued by
foreign authorities, foreigners who are their spouses or children; foreigners
who are spouses and children of Vietnamese citizens shall be granted visa-free
entry as prescribed by the government.
Article 13. Unilateral
visa-free entry
1. A decision to
unilaterally grant visa-free entry to a citizen of a country shall satisfy the
following conditions. To be specific:
a) The country has a
diplomatic relation with Vietnam;
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c) The decision does not
threaten national defense, national security, social safety and social order of
Vietnam.
2. The validity period of
a decision to unilaterally grant visa-free entry shall not exceed 05 years and
may be extended. A decision to unilaterally grant visa-free entry shall be
invalidated if one of the conditions in Clause 1 of this Article is not
satisfied.
3. According to
regulations of this Article, the Government shall decide to unilaterally grant
visa-free entry with a defined term for each country.
Article 14. Entities
that invite or sponsor foreigners
1. Entities that invite or
sponsor foreigners to enter Vietnam (hereinafter referred to as “inviting
entities”) according to Clause 2 Article 10 of this Law include:
a) General Secretary of
the Communist Party of Vietnam Central Committee, the President of Vietnam, the
President of the National Assembly, the Prime Minister;
b) Permanent Member of
the Communist Party of Vietnam Central Committee's Secretariat, Deputy
President of Vietnam, Deputy President of the National Assembly, Deputy Prime
Minister, President of Vietnamese Fatherland Front, Executive Judge of the
Supreme People's Court, Prosecutor General of the Supreme People's Procuracy,
State Auditor General; Ministers and equivalent titles, Secretary Generals of
Provincial Communist Authorities, Presidents of Provincial People's Councils,
Presidents of Provincial People’s Committees;
c) Departments, agencies
and units affiliated to Vietnam’s Communist Party; agencies of the National
Assembly, agencies affiliated to Standing Committee of the National Assembly,
Vietnamese Fatherland Front, the Supreme People’s Court, the Supreme People’s
Procuracy, State Audit Agency, Ministries, ministerial agencies, Governmental
agencies;
d) Provincial Communist
Authorities, provincial People’s Councils, provincial People’s Committees;
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e) Enterprises
established within Vietnam’s Law;
g) Diplomatic missions,
consular missions, representative offices of international organizations
affiliated to the UN, intergovernmental organizations in Vietnam;
h) Representative
offices, branches of foreign traders; representative offices of other foreign
economic, cultural, and professional organizations in Vietnam;
i) Other organizations
that have juridical person as prescribed by Vietnam’s law;
k) Vietnamese citizens
residing in Vietnam, foreigners possessing temporary residence cards or
permanent residence cards.
2. The aforementioned
entities shall invite or sponsor foreigners within the functions, tasks, and
powers prescribed by law or by the operating licenses issued. Vietnamese
citizens residing in Vietnam, foreigners possessing temporary residence cards
or permanent residence cards may invite or sponsor foreigners to visit Vietnam,
and must present papers proving their relationship with the persons invited or
sponsored.
Article 15. Procedures
for inviting or sponsoring foreigners to enter Vietnam at competent authorities
of the Ministry of Foreign Affairs
1. Each of the foreigners
mentioned in Clauses 1, 2, 3, and 4 Article 8 of this Law shall send an
application for visa to a competent authority of the Ministry of Foreign
Affairs via the inviting entity.
2. Any entity that
invites or sponsors a foreigner as prescribed in Clause 1 and Clause 2 Article
8 of this Law shall send a written notification to a competent authority of the
Ministry of Foreign Affairs in order to direct an overseas agency of Vietnam
competent to issue visas to issue a visa (if a visa is required), and notify
the immigration authority.
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4. If the application for
visa is submitted at an international border checkpoint, it is required to
specify the border checkpoint, entry time, and reasons for applying for the
visa at the border checkpoint.
5. After receiving the
written response from the competent authority of the Ministry of Foreign
Affairs, the inviting entity shall request the foreigner to follow the
procedures for receiving the visa at overseas visa-issuing authority of
Vietnam.
6. The entity that
applies for the issuance of a visa to a foreigner at an overseas visa-issuing
authority of Vietnam shall pay the fee for notification of visa issuance to the
competent authority of the Ministry of Foreign Affairs.
Article 16. Procedures
for inviting or sponsoring foreigners to enter Vietnam at immigration
authorities
1. Foreigners other than
those mentioned in Clauses 1, 2, 3, and 4 Article 8 of this Law must follow the
procedures at the immigration authority via the inviting entities. The inviting
entity shall directly submit the application for visa at the immigration
authority.
2. Before following the
procedures for inviting or sponsoring a foreigner to enter Vietnam, the social
organization, enterprise, or another organization having a juridical person as
prescribed by Vietnam’s law, the branch of a foreign trader, the representative
office of a foreign economic, cultural, and professional organization in
Vietnam must send a written notification to the immigration authority enclose
with an application that consists of:
a) A certified true copy
of the license or decision of the competent authority on establishment of the
organization;
b) A document introducing
the seal and signature of a competent person of the organization.
The notification shall
only be sent once. If the contents of the application are changed, an
additional notification shall be sent.
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4. After receiving the
written response from the immigration authority, the inviting entity shall
notify the foreigner to follow the procedures for receiving the visa at the
overseas visa-issuing authority of Vietnam.
5. In case the visa is
applied for at an international border checkpoint, the immigration authority
shall consider processing the application within 03 working days from the
receipt of sufficient documents in the cases mentioned in Points a, b, c, and d
Clause 1 Article 18 of this Law; and within 12 working hours from the receipt
of sufficient documents in the cases mentioned in Point dd and Point e Clause 1
Article 18 of this Law.
6. Any entity that
applies for a visa for a foreigner at an overseas visa-issuing authority of
Vietnam shall pay the fee for notification of visa issuance to the immigration
authority.
7. [30] The inviting
entities may choose to send applications for issuance of visas to foreigners
and receive responses via electronic transaction at the immigration web portal
if conditions specified in Clause 1 Article 16b of this Law are fully satisfied.
Article 16a.
Procedures for issuance of electronic visas at request of foreigners [31]
1. A foreigner applying
for issuance of an electronic visa shall follow the instructions below:
a) Declaring information
serving issuance of electronic visa and uploading photo and passport data page
to the website for issuance of electronic visas;
b) Paying fee for visa
issuance to the account specified in the website for issuance of electronic
visas after the code of electronic profile of the immigration authority is
provided.
2. The immigration
authority shall make consideration and respond to the applicant at the website
for issuance of electronic visas within 03 working days from the date on which
all information and fee for visa issuance have been received.
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Article 16b.
Procedures for issuance of electronic visas at request of agencies and
organizations [32]
1. Agencies and
organizations specified in Clause 2 Article 16 of this Law may apply for
issuance of electronic visas to foreigners when all following conditions are
satisfied:
a) Owning electronic
accounts granted by immigration authorities as specified in Clause 2 of this
Article;
b) Owning electronic
signatures according to Law on E-Transactions.
2. Electronic accounts
are registered as follows:
a) Agencies and
organizations shall send applications for issuance of electronic accounts to
immigration authorities The application for issuance of electronic accounts can
only performed once, except for cases of changes to contents or termination of
accounts as specified in Clause 7 of this Article;
b) Immigration
authorities shall respond in writing and grant electronic accounts within 03
working days from the date on which applications of agencies and organizations
are received. In case of rejection, reasons shall be clearly specified in
writing.
3. Agencies and
organizations specified in Clause 1 of this Article shall use electronic
accounts to access the website for issuance of electronic visas in order to
apply for issuance of electronic visas to foreigners; submit fees for issuance
of electronic visas to accounts specified in the website for issuance of
electronic visas after receiving code of electronic profiles of immigration
authorities.
4. Immigration
authorities shall make consideration and respond to agencies and organizations
at the website for issuance of electronic visas within 03 working days from the
date on which all information and fees for visa issuance have been received.
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6. Foreigners issued with
electronic visas shall use code of electronic profiles informed by agencies and
organizations to check and print results of issuance of electronic visas at the
website for issuance of electronic visas.
7. Electronic accounts
shall be terminated at request of agencies and organizations possessing them;
agencies and organizations which are possessing accounts and reorganized,
dissolved, going bankrupt or violating regulations and law on electronic
transactions or immigration management. Immigration authorities shall terminate
electronic accounts and respond in writing to inform agencies and organizations
owning accounts.
Article 17. Issuance
of visa at an overseas visa-issuing authority of Vietnam
1. Within 01 working days
from the receipt of a directive from a competent authority of the Ministry of
Foreign Affairs, the passport and the application for visa with pictures in the
cases mentioned in Clause 2 Article 15 of this Law, the overseas visa-issuing
authority of Vietnam shall issue the visa.
2. In cases other than
those mentioned in Clause 1 of this Article, after receiving the notification
from the inviting entity, the foreigner shall submit the passport, the
application for via and his/her pictures to the overseas visa-issuing authority
of Vietnam (if a visa is required). Every child under 14 years of age who is
issued with a visa in the same passport of his/her parent or guardian is not
required to apply for a visa in case he/she uses the same visa as his/her
parent or guardian.
Within 03 working days
from the receipt of the notification from the immigration authority or a
competent authority of the Ministry of Foreign Affairs, the overseas
visa-issuing authority of Vietnam shall issue the visa.
3. The head of the
overseas visa-issuing authority of Vietnam shall issue a visa that is valid for
not more than 30 days to each of the following foreigners who comes to Vietnam
for the purpose of market survey, tourism, visiting relatives, or medical
treatment:
a) Any person who does
business with an overseas visa-issuing authority of Vietnam, his/her spouse and
children; any person that presents a written request by a competent agency of
the Ministry of Foreign Affairs of the host country;
b) Any person who
presents a diplomatic note of sponsorship by a foreign diplomatic mission or
consular mission at the host country.
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Article 18. Visa
issuance at international border checkpoints
1. A foreigner shall be
issued with a visa at an international border checkpoint in the following
cases:
a) The foreigner departs
from a country that does not have any visa-issuing authority of Vietnam;
b) The foreigner has to
stop by multiple countries before arriving at Vietnam;
c) The foreigner comes to
Vietnam to take a tour organized by an international tourism company in
Vietnam;
d) Foreign crewmember of
a ship anchoring at a Vietnam’s port wishes to exit Vietnam through another
border checkpoint;
dd) The foreigner comes
to Vietnam to attend a funeral of his/her relative, or to visit a gravely ill
relative;
e) The foreigner comes to
Vietnam to participate in dealing with an emergency, rescue, prevention of
natural disasters, epidemics, or for another purpose at the request of a
competent authority of Vietnam.
2. Any foreigner issued
with a visa at an international border checkpoint shall submit his/her passport
or international laissez-passer, fill the application for the visa, and append
his/her picture at the immigration control unit. A child under 14 years of age
shall be mentioned in the same application filled by his/her parent or guardian
in case the child uses the same passport of his/her parent or guardian.
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Article 19. Visa
issuance at an immigration authority or competent authority of the Ministry of
Foreign Affairs
1. Any foreigner who has
a temporary residence in Vietnam and wishes to obtain a new visa shall request
the inviting entity to follow the procedures at an immigration authority or a
competent authority of the Ministry of Foreign Affairs.
2. The inviting entity
mentioned in Clause 1 of this Article shall directly send an application for
the visa enclosed with a passport or international laissez-passer of the
invited foreigner to the immigration authority or a competent authority of the
Ministry of Foreign Affairs.
3. Within 05 working days
from the receipt of sufficient documents, the immigration authority or
competent authority of the Ministry of Foreign Affairs shall consider issuing
the visa.
Article
19a. Nationals and territories eligible for issuance of electronic visas and
international border checkpoints for entry and exit of foreigners on electronic
visas [33]
1. Electronic visas shall
be issued in such a way to ensure national defense and security, social order
and safety, and conform to Vietnam's foreign policy and socio-economic
development.
2. The Government shall
decide list of nationals and territories eligible for issuance of electronic
visas and list of international border checkpoints for entry and exit of
foreigners on electronic visas.
Chapter III
ENTRY
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1. A
foreigner shall be granted permission for entry if:
a)
He/she possesses a passport or international laissez-passer and visa, except
for cases of visa-free entry as specified in this Law.
Passport
of a foreigner wishing to make unilateral visa-free entry shall be valid at
least for another 06 months; and
b)
He/she does not fall into cases of entry suspension specified in Article 21 of
this Law.
2. A foreigner using
electronic visa to enter shall fully satisfy all conditions specified in Clause
1 of this Article and make entry via international border checkpoints decided
by the Government.
Article 21. Cases of
suspension from entry
1. Any of the conditions
in Clause 1 Article 20 of this Law is not satisfied.
2. Children under 14
years of age do not accompany their parents, guardians or authorized
custodians.
3. Documents are forged
and false information is provided to obtain entry/exit/residence permits.
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5. Any person has been
deported from Vietnam within the last 03 years from the effective date of the
deportation decision.
6. Any person has been
compelled to exit Vietnam within the last 06 months from the effective date of
decision to compel exit.
7. For reasons of
epidemic prevention.
8. For reasons of natural
disasters.
9. For reasons of
national defense and security, social order and safety.
Article 22. Authority
to decide suspension from entry
1. The head of the
immigration control unit shall decide suspension from entry in the cases
mentioned in Clauses 1, 2, 3, 4, 5 and 6 Article 21 of this Law.
2. The Minister of Health
shall decide suspension from entry in the case mentioned in Clause 7 Article 21
of this Law.
3. The Minister of Agriculture
and Rural Development shall decide suspension from entry in the case mentioned
in Clause 8 Article 21 of this Law.
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5. Persons having
authority to decide suspension from entry also have authority to lift such
suspension and take responsibilities to the law for their decision.
Chapter IV
TRANSIT
Article 23. Transit
conditions
A foreigner shall be
granted permission for transit if:
1. He/she possesses a
passport or international laissez-passer;
2. His/her ticket is
consistent with the route to the third country;
3. He/she possesses a
visa issued by the third country, except for the case where the visa-free entry
is granted.
Article 24. Transit
passenger area
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2. The transit passenger
area shall be decided by the authority managing the international border
checkpoint.
Article 25. Transit by
air
1. Any foreigner that
transits by air is not required to obtain a visa and must stay within the
transit passenger area of the international airport pending the connecting
flight.
2. During the transit,
any foreigner that wishes to enter Vietnam for the purpose of tourism according
to a program organized by an international tourism enterprise in Vietnam, such
foreign shall be considered to be issued with a visa that matches the transit
duration.
Article 26. Transit by
sea
Any foreigner that
transits by sea is not required to obtain a visa and must stay within the
transit passenger area of the seaport while the ship is anchoring; any of them
who wishes to enter Vietnam for the purpose of tourism according to a program
organized by an international tourism enterprise in Vietnam shall be considered
to be issued with a visa that matches the transit duration; any of them who
wishes to exit Vietnam through another border checkpoint shall be considered to
be issued with a VR visa.
Chapter V
EXIT
Article
27. Exit conditions [35]
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a)
He/she possesses a passport or international laissez-passer;
b)
He/she possesses temporary residence certificate, temporary residence card or
permanent residence card that is still valid;
c)
He/she does not fall into cases of exit suspension specified in Article 28 of
this Law.
2. A foreigner using
electronic visa to exit shall fully satisfy all conditions specified in Clause
1 of this Article and make exit via international border checkpoints decided by
the Government.
Article 28. Cases of
suspension from exit and suspension duration
1. A foreigner may be
suspended from exit in one of the following cases:
a) He/she is currently
the suspect, the accused, or the person having relevant obligations in a
criminal case; a defendant or a person having relevant obligations in a civil
case pertaining to business, employment, administration, marriage and family
affairs;
b) He/she has to
implement a judgment or decision of the Court or a Competition Settlement
Council;
c) His/her tax obligation
is not fulfilled;
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dd) For reasons for
national defense and security.
2. Clause 1 of this
Article is not applied to any person who is serving a prison sentence and taken
abroad to provide evidence as prescribed by Article 25 of the Law on Judicial
Assistance.
3. The duration of
suspension from exit shall not exceed 03 years and may be extended.
Article 29. Authority
to decide to suspend exit, extend duration of exit suspension, and lift exit
suspension
1. Heads of investigation
agencies, Heads of Procuracies, Executive Judges of Courts, Chiefs of Judgment
Enforcement Agencies, Presidents of Competition Settlement Councils, within the
ambit of their tasks and powers, shall decide exit suspension in the cases
mentioned in Point a and Point b Clause 1 Article 28 of this Law.
2. Heads of tax
authorities shall decide exit suspension in the cases mentioned in Point c
Clause 1 Article 28 of this Law.
3. The Minister of Public
Security shall suspend any foreigner mentioned in Point d Clause 1 Article 28
of this Law from exit in the following cases:
a) He/she is obliged to
abide by a decision on penalties for administrative violations imposed by a
police authority;
b) At the request of the
Executive Judge of the People’s Supreme Court, Ministers, Heads of ministerial
agencies, Presidents of provincial People’s Committees.
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5. Any person having
authority to decide exit suspension is also entitled to extend the suspension
duration and lift such suspension, and shall take responsibility to the law for
his/her decision.
Any person that decides
suspension from exit shall be responsible for lifting such suspension after the
suspension conditions no longer exist.
6. The decision to
suspend exit, extend duration of exit suspension, and lift exit suspension
shall be promptly sent to the immigration authority and the person subject to
exit suspension.
7. After receiving the
decision to suspend exit, extend duration of exit suspension, and lift exit
suspension, the immigration authority shall be responsible for organize the
execution of this decision.
Article 30. Forced
exit
1. A foreigner may be
forced to exit Vietnam in one of the following cases:
a) He/she fails to exit
Vietnam after the expiration of the temporary residence period;
b) For reasons for
national defense and security, social order and safety.
2. Authority to decide
forced exit:
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b) The Minister of Public
Security, the Minister of National Defense shall decide forced exit in the
cases mentioned in Point b Clause 1 of this Article.
Chapter VI
RESIDENCE
Section 1. TEMPORARY
RESIDENCE
Article 31. Temporary
residence certificate
1. [36]
A foreigner making entry without having a valid temporary residence card or
permanent residence card shall be issued with a temporary residence certificate
at the border checkpoint valid within definite period as follows:
a)
Period of temporary residence granted shall equal his/her visa validity; in
case his/her visa is encoded as DL and valid for more than 30 days, he/she
shall be granted temporary residence for 30 days and shall be considered for
extension of the temporary residence period as specified in Article 35 of this
Law;
b) If
he/she is benefitting from visa-free entry according to international
agreements to which Vietnam is a signatory, period of temporary residence shall
be granted according to the international agreements or for 30 days in case
where the international agreements do not specify period of temporary
residence;
c) [37] A
national benefitting from unilateral visa-free entry treatment of Vietnam shall
be granted temporary residence for 45 days and considered for issuance of visa
and extension of the temporary residence period according to regulations of
this Law;
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2. The foreigner may
temporarily reside in Vietnam throughout the duration on which the temporary
residence certificate is issued.
3. The period of
temporary residence may be shortened or invalidated by the immigration
authority when the foreigner violates Vietnam’s law.
Article 32.
Accommodation establishments
Accommodation
establishments are places where foreigners temporarily reside within Vietnam’s
territory, including accommodation establishments for tourists, guest houses,
housing areas for foreigners who work, study, or serve their internship in
Vietnam, medical facilities, private houses, and other accommodation
establishments defined by law.
Article
33. Declaration of temporary residence [39]
1. Any foreigner that
temporarily resides in Vietnam shall, via the person directly managing and
operating the operation of the accommodation establishment, declare his/her
temporary residence to the police of the commune, ward, and township or at the
local police authority/station where the accommodation establishment is
located. The accommodation establishment shall be responsible for requesting
the foreigner to present his/her passport or international laissez-passer, and
documents related to residence in Vietnam to register temporary residence
before admitting him/her. If the border guard post/station receives the
declaration of temporary residence of the foreigner under regulations of an
international treaty to which Vietnam is a signatory, the border guard
post/station shall immediately notify the police of the commune, ward, township
or the police authority/station where the foreigner temporarily resides.
2. The
declaration of temporary residence of the foreigner can be sent to the police
in either electronic or paper form
In case
of applying for temporary residence in the paper form, the person directly
managing and operating the operation of the accommodation establishment shall
be responsible for filling in all information about the foreigner on the
temporary residence declaration form and sending it to the police of the
commune, ward, township or the police authority/station where the accommodation
establishment is located within 12 hours (24 hours for remote areas) from the
time the foreigner arrives at the accommodation establishment.
3. In case where the
foreigner changes his/her address of temporary residence stated in his/her
permanent residence card or when there is any change in information in his/her
passport, the declaration of temporary residence shall be remade as prescribed
in Clause 1 of this Article.
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1. Foreigners may reside
in accommodation establishments in industrial parks, export-processing zones,
checkpoint economic zones, and coastal economic zones, and shall declare their
temporary residence in accordance with Article 33 of this Law.
2. [40] Foreigners must
not temporarily reside in prohibited areas, areas in border areas on land where
activities are suspended; prohibited zones, and restricted areas in border
areas at sea. In case foreigners temporarily reside in accommodation establishments
in border areas or townships, district-level towns, cities, tourist service
zones, special administrative - economic units and other economic zones related
to border areas, they shall declare their temporary residence in accordance
with Article 33 of this Law. Agencies receiving declarations of temporary
residence from foreigners shall notify the border guard posts/stations where
the accommodation establishments are located.
Article 35. Extension
of temporary residence status
1. Any foreigner who is
temporarily residing in Vietnam and wishes to have the temporary residence
status extended shall request the inviting entity to follow the procedures at
an immigration authority or a competent authority of the Ministry of Foreign
Affairs.
2. The inviting entity
mentioned in Clause 1 of this Article shall directly send an application for
extension of the temporary residence status enclosed with a passport or an
international laissez-passer of the foreigner to the competent authority of the
Ministry of Foreign Affairs in the cases mentioned in Clauses 1, 2, 3, and 4
Article 8 of this Law, or to the immigration authority in the cases mentioned
in Clause 1 Article 16 of this Law.
3. Within 05 working days
from the receipt of sufficient documents, the immigration authority or the
competent authority of the Ministry of Foreign Affairs shall consider extending
temporary residence status.
Article
36. Cases of issuance of temporary residence cards and symbols thereof [41]
1.
Temporary residence cards shall be issued to:
a)
Foreigners who are members of diplomatic missions, consular missions,
representative offices of international organizations affiliated to the UN,
intergovernmental organizations in Vietnam and their spouses, children under 18
years of age and helpers accompanying on missions;
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2.
Temporary residence cards shall bear symbols as follows:
a)
Temporary residence cards issued to individuals specified in Point a Clause 1
of this Article shall bear NG3 symbol;
b) Temporary residence
cards issued to individuals specified in Point b Clause 1 of this Article shall
bear symbols similar to visa symbols.
Article 37. Procedures
for issuance of temporary residence card
1. An application for a
temporary residence card consists of:
a) An application form
from the inviting entity;
b) A declaration bearing
a picture;
c) Passport;
d) [42] Documents
proving eligibility specified in Clause 1 Article 36 of this Law.
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a) The diplomatic
mission, consular mission, or another agency authorized by the foreigner in
Vietnam shall send the application for the NG3 temporary residence card to a
competent authority of the Ministry of Foreign Affairs;
b)[43] The
inviting entity shall submit the application for issuance of the temporary
resident card to the foreigner specified in Point b Clause 1 Article 36 of this
law to the immigration authority where the inviting entity is headquartered (in
case the inviting entity is an agency or organization) or where the inviting
entity resides (in case the inviting entity is an individual).
c) Within 05 working days
from the receipt of sufficient documents, the immigration authority or the
competent authority of the Ministry of Foreign Affairs shall consider issuing
the temporary residence card.
Article 38. Validity
of temporary residence card [44]
1. Validity of a
temporary residence card issued shall be at least 30 days shorter than the
remaining validity of a passport.
2.
Validity of a DT1 temporary residence card does not exceed 10 years.
3.
Validity of NG3, LV1, LV2, LS, DT2 or DH temporary residence card does not
exceed 5 years.
4. Validity of NN1, NN2,
DT3 or TT temporary residence card does not exceed 3 years.
5. Validity of LD1, LD2
or PV1 temporary residence card does not exceed 2 years.
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Section 2. PERMANENT
RESIDENCE
Article 39. Persons
eligible for permanent residence
1. Foreigners who have
contributed to the development and protection of Vietnam and are awarded medals
or titles by Vietnam’s Government.
2. Foreigners who are
scientists or experts temporarily residing in Vietnam.
3. Any foreigner
sponsored by his/her parent, spouse, or child who is a Vietnamese citizen and
is permanently residing in Vietnam.
4. Any person without
nationality who has temporarily resided in Vietnam from 2000 or earlier.
Article 40. Conditions
for granting permanent residence status
1. Any of the foreigners
mentioned in Article 39 of this Law may be granted permanent residence status
if he/she has a legitimate residence place and steady income in Vietnam.
2. Foreigners mentioned
in Clause 2 Article 39 of this Law shall be proposed by the Ministers, Heads of
ministerial agencies or Governmental agencies in corresponding fields.
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Article 41. Procedures
for granting permanent residence status
1. Any foreigner applying
for permanent residence status (hereinafter referred to as
"applicant") shall follow the procedures at an immigration authority.
An application consists of:
a) An application form
for permanent residence status;
b) A criminal record
issued by a competent authority of the country of which the applicant holds
citizenship;
c) A diplomatic note from
a diplomatic mission of the country of which the applicant holds citizenship
requesting Vietnam to grant permanent residence status to the applicant;
d) Certified true copy of
the passport;
dd) Documents proving
satisfaction of conditions under Article 40 of the Law on Vietnamese Guest
Workers:
e) A note of sponsorship
(applied to the foreigner mentioned in Clause 3 Article 39 of this Law).
2. Within 04 months from
the receipt of sufficient documents, the Minister of Public Security shall
consider granting the permanent residence status; if further investigation is
required, the deadline may be extended for up to 02 months.
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4. Within 05 working days
from the receipt of the notification from the immigration authority, the police
authority of the province where the foreigner wishes to have a permanent
residence place shall notify the foreigner.
5. Within 03 months from
the receipt of the notification, the foreigner may receive the permanent
residence card at the immigration authority affiliated to the provincial police
authority.
Article 42. Procedures
for granting permanent residence status to
person without nationality
1. Any person without
nationality mentioned in Clause 4 Article 39 of this Law shall submit an
application to the immigration authority affiliated to the police authority of
the province where he/she has a temporary residence place. An application
consists of:
a) An application form
for permanent residence status;
b) Documents proving that
he/she has had a temporary residence place in Vietnam before 2000 and satisfies
all conditions in Clause 1 Article 40 of this Law.
2. Procedures for
granting permanent residence status to any person without nationality shall
comply with Clauses 2, 3, 4, and 5 Article 41 of this Law.
Article 43.
Replacement and reissuance of permanent residence cards
1. Permanent residence
cards shall be issued by provincial police authorities Every 10 years, every
foreigner who has a permanent residence status shall replace his/her permanent
residence card at a provincial police authority The application consists of:
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b) Permanent residence
card;
c) A certified true copy
of the passport, except for any person without nationality.
2. If the permanent
residence card is lost or, damaged, or its contents are changed, its holder
shall follow the procedures for reissuance of the card at the police authority
of the province where he/she permanently resides. The application consists of:
a) An application form
for reissuance of the permanent residence card;
b) The permanent
residence card (or a report on the loss of the card);
c) A certified true copy
of the passport, except for any person without nationality;
d) Documents proving
changes to the contents of the permanent residence card.
3. Within 20 days from
the date on which sufficient documents are received, the police authority of
the province shall reissue the card.
Chapter
VII
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Article 44. Rights and
obligations of foreigners
1. Any foreigner that
enters, exits, transits, or resides in Vietnam has the following rights. To be
specific:
a) Having the life,
dignity, property, the lawful rights and interests protected in accordance with
Vietnam’s Law while he/she is residing within the territory of Socialist
Republic of Vietnam;
b) Every holder of a
temporary residence card may sponsor his/her grandparents, parents, spouse, and
children to visit Vietnam; his/her spouse and children under 18 years of age to
stay in Vietnam during the validity period of the temporary residence card if
agreed by the agency or organization that invites or sponsors the card holder.
c) Every holder of a
permanent residence card may sponsor his/her parents, grandparents, spouse, and
children to visit Vietnam;
d) People residing
lawfully in Vietnam may travel around the territory of Vietnam for purposes of
tourism, visiting, or medical treatment and they are not required to ask for
permission; the access to prohibited or restricted areas shall be dealt with in
accordance with law;
dd) Crewmembers of ships
that enter Vietnam may go onshore within provinces where these ships are
anchored. The issuance of a visa shall be considered if a crewmember goes
beyond the province or exits Vietnam through another border checkpoint;
e) The spouse and
children that accompany a member of a diplomatic mission, consular mission,
representative office of an international organization of the UN, or an
intergovernmental organization in Vietnam may go to work if they have work
permits unless they are not eligible for work permits; and may go to school if
they are accepted in writing by a school or a educational institution;
g) Any person studying at
a school or an educational institution under an international treaty or
agreement may go to work if he/she is permitted in writing to work by the
school or educational institution;
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i) The Ministry of Public
Security shall consider issuing an international laissez-passer to any person
without nationality that is residing in Vietnam and wishes to exit Vietnam.
2. Any foreigner that
enters, exits, transits, or resides in Vietnam has the following obligations.
To be specific:
a) Complying with
Vietnam’s law; respecting Vietnam’s traditions and customs;
b) Being engaged in
activities in Vietnam in accordance with the intended purpose of entry;
c) While travelling,
carrying his/her passport, international laissez-passer, and documents related
to residence in Vietnam and presenting them to the competent authority upon
request;
d) When a foreigner who
permanently resides in Vietnam exits Vietnam to permanently reside in another
country, he/she must return the permanent residence card to the immigration
control unit at the border checkpoint.
dd)[46] Presenting
his/her passport or international laissez-passer, and documents related to
residence in Vietnam to an accommodation establishment to declare his/her
temporary residence according to regulations.
Article 45. Rights and
obligations of inviting entities
1. Inviting entities have
the following rights. To be specific:
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b) Vietnamese citizens
permanently reside in Vietnam may invite or sponsor their grandparents, parents
of their spouses, spouses, children, and siblings who are foreigners to
Vietnam;
c) Vietnamese citizens
permanently reside in Vietnam may invite or sponsor their parents, spouses, and
children that are foreigners who apply for permanent residence status or
temporary residence cards
2. Inviting entities have
the following responsibilities. To be specific:
a) Follow procedures for
inviting, sponsoring foreigners to enter, exit Vietnam, or reside in Vietnam in
accordance with this Law;
b) Instruct foreigners to
comply with law, respect the traditions and customs of Vietnam
c) Fulfill the
responsibilities of sponsors as prescribed by law; cooperate with competent
authorities of Vietnam in resolving issues related to the invited or sponsored
foreigners;
d) Cooperate with
competent authorities in monitoring foreigners’ activities in accordance with
their entry purposes while they are temporarily residing in Vietnam; cooperate
with accommodation establishments in declaring temporary residence of foreigners;
dd) Cooperate with
regulatory bodies in completing the procedures for inviting/sponsoring
foreigners to enter Vietnam to do activities subject to approval by the said
regulatory bodies before making the invitation or sponsorship.
e) Notify immigration authorities
in writing of the cases in which foreigners granted entry/exit/residence
permits no longer wish to be sponsored during their temporary residence period
in Vietnam, and cooperate with competent authorities in requesting such
foreigners to exit Vietnam.
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1.
Entities may only employ foreign workers, organize tourism programs for
foreigners or allow foreigners to temporarily reside in Vietnam when they
lawfully reside in Vietnam.
2. If entities detect
signs of violations against regulations on entry, exit, transit and residence
of foreigners in Vietnam, they shall immediately notify the nearest police
authorities; if entities detect signs of violations which occur in border
areas, they shall immediately notify the nearest police authorities or border
guard posts/stations.
Chapter VIII
RESPONSIBILITIES OF AGENCIES AND
ORGANIZATIONS IN CHARGE OF ENTRY, EXIT, TRANSIT AND RESIDENCE OF FOREIGNERS IN
VIETNAM
Article 46.
Responsibilities of the Government
1. Perform state
management of entry, exit, transit, and residence of foreigners in Vietnam in a
uniform manner.
2. [48] Issue
regulations on construction, update, connection, access and sharing of
information in database on entry, exit, transit and residence of foreigners in
Vietnam; cooperation mechanism among ministries, ministerial agencies, People’s
Committees of provinces and central-affiliated cities in management of entry,
exit, transit and residence of foreigners in Vietnam.
3. [49] Regulate
foreigners making visa-free entry into economic zones of border checkpoint
areas, special administrative - economic zones and coastal economic zones
specified in Clause 3 and Clause 3a Article 12 of this Law and wishing to visit
other destinations of Vietnam; issuance of visas for foreigners making entry
into Vietnam according to international agreements to which Vietnam is a
signatory without commercial presence or partners in Vietnam; form of issuance
of temporary residence certificates to foreigners making entry into Vietnam;
foreigners making entry and exit via automatic security barriers.
Article 47.
Responsibilities of the Ministry of Public Security
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2. Formulate and
promulgate, within its jurisdiction or request competent authorities to
promulgate legislative documents on entry, exit, transit, and residence of
foreigners in Vietnam.
3. Organize the execution
of legislative documents on entry, exit, transit, and residence of foreigners
in Vietnam.
4. Issue entry, exit, and
residence permits to foreigners in Vietnam.
5.[50] Control
entry, exit and transit at border checkpoints under management of Ministry of
Public Security as per the law
6. Carry out inspections,
settle complaints and denunciations, and impose penalties for violations
against regulations of law on entry, exit, transit, and residence of foreigners
in Vietnam.
7. Provide templates of
documents on entry, exit, and residence of foreigners in Vietnam.
8. Produce statistics on
entry, exit, transit, and residence of foreigners in Vietnam
9. Make international
cooperation, within its jurisdiction, request competent authorities to enter
into international treaties on entry, exit, transit, and residence of
foreigners in Vietnam.
10.[51] Develop
and manage the website for issuance of electronic visas, publicize name
of the Immigration web portal.
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Article 48. Responsibilities
of the Ministry of Foreign Affairs
1. Cooperate with the
Ministry of Public Security in management of entry, exit, transit and residence
of foreigners in Vietnam.
2. Issue, amend,
invalidate visas; issue, invalidate temporary residence cards; extend temporary
residence status of foreigners in accordance with this Law.
3. Instruct overseas
visa-issuing authorities of Vietnam to adhere to regulations of law on entry,
exit, transit, and residence of foreigners in Vietnam.
4. Request competent
authorities to enter into international treaties on entry, exit, transit, and
residence of foreigners in Vietnam.
Article 49.
Responsibilities of the Ministry of National Defense
1. Cooperate with the
Ministry of Public Security in management of entry, exit, transit and residence
of foreigners in Vietnam.
2.[53] Control
entry, exit and transit at border checkpoints under management of Ministry of
National Defense as per the law; issue, amend and invalidate visas, issue
temporary residence certificate as specified in this Law
3. Carry out inspections
and impose penalties for violations against regulations of law on entry, exit,
transit and residence of foreigners in Vietnam at border checkpoints under the
management of the Ministry of National Defense.
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Ministries and
ministerial agencies other than those mentioned in Article 48 and Article 49 of
this Law, within their tasks and powers, shall cooperate with the Ministry of
Public Security, the Ministry of Foreign Affairs, the Ministry of National
Defense in management of entry, exit, transit, and residence of foreigners in
Vietnam
Article 51.
Responsibilities of People’s Committees at all levels
1. Organize the
compliance with regulations of law on entry, exit, and residence of foreigners
in Vietnam.
2. Instruct specialized
agencies affiliated to People’s Committees to manage the residence of local
foreigners in accordance with this Law.
3. Disseminate and
educate on the law on entry, exit, and residence of foreigners in their local
areas.
4. Carry out inspections,
settle complaints and denunciations, and impose penalties for violations
against regulations of law on entry, exit, transit and residence of foreigners
in their local areas.
5. Apart from the
regulations in Clauses 1, 2, 3, and 4 of this Article, People’s Committees of
communes, wards, and towns shall grasp the operations of local accommodation
establishments and manage the residence and activities of local foreigners
Article 52.
Responsibilities of Vietnamese Fatherland Front and member organizations
thereof
1. Cooperate with
competent state authorities in disseminating and educating on this Law and
encouraging persons to comply with it.
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Chapter IX
IMPLEMENTATION [54]
Article 53.
Transitional regulations
Unexpired
entry/exit/residence permits issued before the effective date of this Law may
be used until their expiration dates.
Article 54. Entry into
force
1. This Law comes into
force from January 01, 2015.
2. The Ordinance No.
24/1999/PL-UBTVQH10 on entry, exit, and residence of foreigners in Vietnam is
annulled as from the effective date of this Law.
Article 55. Guidelines
The Government shall
provide guidelines for the Articles and Clauses assigned thereto./.
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CERTIFIED BY
CHAIRMAN
Bui Van Cuong
[1] The Law No.
51/2019/QH14 on amendments to some Articles of Law on Entry, Exit, Transit and
Residence of Foreigners in Vietnam is promulgated pursuant to:
“The Constitution of the Socialist Republic of
Vietnam;
The
National Assembly promulgates the Law No. 47/2014/QH13 on amendments to some
Articles of the Law on Entry, Exit, Transit and Residence of Foreigners in
Vietnam.”.
The
Law No. 23/2023/QH15 on amendments to some Articles of Law on Entry and Exit of
Vietnamese Citizens and Law on Entry, Exit, Transit and Residence of Foreigners
in Vietnam is promulgated pursuant to:
“The Constitution of the Socialist Republic of
Vietnam;
The
National Assembly promulgates the Law on amendments to some Articles of Law No.
49/2019/QH14 on Entry and Exit of Vietnamese Citizens and Law No. 47/2014/QH13
on Entry, Exit, Transit and Residence of foreigners in Vietnam amended by Law
No. 51/2019/QH14.”.
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[3] This Clause is added
by Clause 1 Article 1 of the Law No. 51/2019/QH14 on amendments to some
Articles of the Law on Entry, Exit, Transit and Residence of Foreigners in
Vietnam, which comes into force from July 01, 2020.
[4] This Article is
amended by Clause 2 Article 1 of the Law No. 51/2019/QH14 on amendments to some
Articles of the Law on Entry, Exit, Transit and Residence of Foreigners in
Vietnam, which comes into force from July 01, 2020.
[5] This Clause is
amended by Clause 1 Article 2 of the Law No. 23/2023/QH15 on amendments to some
Articles of the Law on Entry and Exit of Vietnamese Citizens and the Law on
Entry, Exit, Transit and Residence of Foreigners in Vietnam, which comes into
force from August 15, 2023.
[6] This Clause is amended
by point a Clause 3 Article 1 of the Law No. 51/2019/QH14 on amendments to some
Articles of the Law on Entry, Exit, Transit and Residence of Foreigners in
Vietnam, which comes into force from July 01, 2020.
[7] This Clause is
amended by point b Clause 3 Article 1 of the Law No. 51/2019/QH14 on amendments
to some Articles of the Law on Entry, Exit, Transit and Residence of Foreigners
in Vietnam, which comes into force from July 01, 2020.
[8] This Clause is added
by point c Clause 3 Article 1 of the Law No. 51/2019/QH14 on amendments to some
Articles of the Law on Entry, Exit, Transit and Residence of Foreigners in
Vietnam, which comes into force from July 01, 2020.
[9] This Clause is added
by point c Clause 3 Article 1 of the Law No. 51/2019/QH14 on amendments to some
Articles of the Law on Entry, Exit, Transit and Residence of Foreigners in
Vietnam, which comes into force from July 01, 2020.
[10] This Clause is
added by point c Clause 3 Article 1 of the Law No. 51/2019/QH14 on amendments
to some Articles of the Law on Entry, Exit, Transit and Residence of Foreigners
in Vietnam, which comes into force from July 01, 2020.
[11] This Clause is
added by point c Clause 3 Article 1 of the Law No. 51/2019/QH14 on amendments
to some Articles of the Law on Entry, Exit, Transit and Residence of Foreigners
in Vietnam, which comes into force from July 01, 2020.
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[13] This Clause is
added by point dd Clause 3 Article 1 of the Law No. 51/2019/QH14 on amendments
to some Articles of the Law on Entry, Exit, Transit and Residence of Foreigners
in Vietnam, which comes into force from July 01, 2020.
[14] This Clause is
amended by point e Clause 3 Article 1 of the Law No. 51/2019/QH14 on amendments
to some Articles of the Law on Entry, Exit, Transit and Residence of Foreigners
in Vietnam, which comes into force from July 01, 2020.
[15] This Clause is
added by point g Clause 3 Article 1 of the Law No. 51/2019/QH14 on amendments
to some Articles of the Law on Entry, Exit, Transit and Residence of Foreigners
in Vietnam, which comes into force from July 01, 2020.
[16] This Clause is
amended by point h Clause 3 Article 1 of the Law No. 51/2019/QH14 on amendments
to some Articles of the Law on Entry, Exit, Transit and Residence of Foreigners
in Vietnam, which comes into force from July 01, 2020.
[17] This Clause is
added by point i Clause 3 Article 1 of the Law No. 51/2019/QH14 on amendments
to some Articles of the Law on Entry, Exit, Transit and Residence of Foreigners
in Vietnam, which comes into force from July 01, 2020.
[18] This Clause is
amended for the first time by point a Clause 4 Article 1 of the Law No. 51/2019/QH14
on amendments to some Articles of the Law on Entry, Exit, Transit and Residence
of Foreigners in Vietnam, which comes into force from July 01, 2020.
This
Clause is amended for the second time by Clause 2 Article 2 of the Law No.
23/2023/QH15 on amendments to some Articles of the Law on Entry and Exit of
Vietnamese Citizens and the Law on Entry, Exit, Transit and Residence of
Foreigners in Vietnam, which comes into force from August 15, 2023.
[19] This Clause is amended
by Clause 2 Article 2 of the Law No. 23/2023/QH15 on amendments to some
Articles of the Law on Entry and Exit of Vietnamese Citizens and the Law on
Entry, Exit, Transit and Residence of Foreigners in Vietnam, which comes into
force from August 15, 2023.
[20] This Clause is
amended by Clause 2 Article 2 of the Law No. 23/2023/QH15 on amendments to some
Articles of the Law on Entry and Exit of Vietnamese Citizens and the Law on
Entry, Exit, Transit and Residence of Foreigners in Vietnam, which comes into
force from August 15, 2023.
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This
Clause is amended for the second time by Clause 2 Article 2 of the Law No.
23/2023/QH15 on amendments to some Articles of the Law on Entry and Exit of
Vietnamese Citizens and the Law on Entry, Exit, Transit and Residence of
Foreigners in Vietnam, which comes into force from August 15, 2023.
[22] This Clause is
amended by point c Clause 4 Article 1 of the Law No. 51/2019/QH14 on amendments
to some Articles of the Law on Entry, Exit, Transit and Residence of Foreigners
in Vietnam, which comes into force from July 01, 2020.
[23] This Clause is
added by point d Clause 4 Article 1 of the Law No. 51/2019/QH14 on amendments
to some Articles of the Law on Entry, Exit, Transit and Residence of Foreigners
in Vietnam, which comes into force from July 01, 2020.
[24] This Clause is
amended by point dd Clause 4 Article 1 of the Law No. 51/2019/QH14 on
amendments to some Articles of the Law on Entry, Exit, Transit and Residence of
Foreigners in Vietnam, which comes into force from July 01, 2020.
[25] This Clause is
added by point e Clause 4 Article 1 of the Law No. 51/2019/QH14 on amendments
to some Articles of the Law on Entry, Exit, Transit and Residence of Foreigners
in Vietnam, which comes into force from July 01, 2020.
[26] This Clause is
amended by point a Clause 5 Article 1 of the Law No. 51/2019/QH14 on amendments
to some Articles of the Law on Entry, Exit, Transit and Residence of Foreigners
in Vietnam, which comes into force from July 01, 2020.
[27] This Clause is
added by point b Clause 5 Article 1 of the Law No. 51/2019/QH14 on amendments
to some Articles of the Law on Entry, Exit, Transit and Residence of Foreigners
in Vietnam, which comes into force from July 01, 2020.
[28] This Clause is
added by Clause 6 Article 1 of the Law No. 51/2019/QH14 on amendments to some
Articles of the Law on Entry, Exit, Transit and Residence of Foreigners in
Vietnam, which comes into force from July 01, 2020.
[29] This Clause is
added by Clause 7 Article 1 of the Law No. 51/2019/QH14 on amendments to some
Articles of the Law on Entry, Exit, Transit and Residence of Foreigners in
Vietnam, which comes into force from July 01, 2020.
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[31] This Article is
added by Clause 9 Article 1 of the Law No. 51/2019/QH14 on amendments to some
Articles of the Law on Entry, Exit, Transit and Residence of Foreigners in
Vietnam, which comes into force from July 01, 2020.
[32] This Article is
added by Clause 9 Article 1 of the Law No. 51/2019/QH14 on amendments to some
Articles of the Law on Entry, Exit, Transit and Residence of Foreigners in
Vietnam, which comes into force from July 01, 2020.
[33] This Article is
added for the first time by Clause 10 Article 1 of the Law No. 51/2019/QH14 on
amendments to some Articles of the Law on Entry, Exit, Transit and Residence of
Foreigners in Vietnam, which comes into force from July 01, 2020.
This
Article is amended for the second time by Clause 3 Article 2 of the Law No.
23/2023/QH15 on amendments to some Articles of the Law on Entry and Exit of
Vietnamese Citizens and the Law on Entry, Exit, Transit and Residence of
Foreigners in Vietnam, which comes into force from August 15, 2023.
[34] This Article is
amended by Clause 11 Article 1 of the Law No. 51/2019/QH14 on amendments to
some Articles of the Law on Entry, Exit, Transit and Residence of Foreigners in
Vietnam, which comes into force from July 01, 2020.
[35] This Article is
amended by Clause 12 Article 1 of the Law No. 51/2019/QH14 on amendments to
some Articles of the Law on Entry, Exit, Transit and Residence of Foreigners in
Vietnam, which comes into force from July 01, 2020.
[36] This Clause is
amended by Clause 13 Article 1 of the Law No. 51/2019/QH14 on amendments to
some Articles of the Law on Entry, Exit, Transit and Residence of Foreigners in
Vietnam, which comes into force from July 01, 2020.
[37] This Point is
amended by Clause 4 Article 2 of the Law No. 23/2023/QH15 on amendments to some
Articles of the Law on Entry and Exit of Vietnamese Citizens and the Law on
Entry, Exit, Transit and Residence of Foreigners in Vietnam, which comes into
force from August 15, 2023.
[38] This Point is
amended by Clause 4 Article 2 of the Law No. 23/2023/QH15 on amendments to some
Articles of the Law on Entry and Exit of Vietnamese Citizens and the Law on
Entry, Exit, Transit and Residence of Foreigners in Vietnam, which comes into
force from August 15, 2023.
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[40] This Clause is
amended by Clause 6 Article 2 of the Law No. 23/2023/QH15 on amendments to some
Articles of the Law on Entry and Exit of Vietnamese Citizens and the Law on
Entry, Exit, Transit and Residence of Foreigners in Vietnam, which comes into
force from August 15, 2023.
[41] This Article is
amended by Clause 14 Article 1 of the Law No. 51/2019/QH14 on amendments to
some Articles of the Law on Entry, Exit, Transit and Residence of Foreigners in
Vietnam, which comes into force from July 01, 2020.
[42] This Point is
amended by point a Clause 15 Article 1 of the Law No. 51/2019/QH14 on
amendments to some Articles of the Law on Entry, Exit, Transit and Residence of
Foreigners in Vietnam, which comes into force from July 01, 2020;
[43] This Point is
amended by point b Clause 15 Article 1 of the Law No. 51/2019/QH14 on
amendments to some Articles of the Law on Entry, Exit, Transit and Residence of
Foreigners in Vietnam, which comes into force from July 01, 2020.
[44] This Article is
amended by Clause 16 Article 1 of the Law No. 51/2019/QH14 on amendments to
some Articles of the Law on Entry, Exit, Transit and Residence of Foreigners in
Vietnam, which comes into force from July 01, 2020.
[45] The name of this
Chapter is amended by Clause 7 Article 2 of the Law No. 23/2023/QH15 on
amendments to some Articles of the Law on Entry and Exit of Vietnamese Citizens
and the Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam,
which comes into force from August 15, 2023.
[46] This Point is added
by Clause 8 Article 2 of the Law No. 23/2023/QH15 on amendments to some
Articles of the Law on Entry and Exit of Vietnamese Citizens and the Law on
Entry, Exit, Transit and Residence of Foreigners in Vietnam, which comes into
force from August 15, 2023.
[47] This Article is
added by Clause 9 Article 2 of the Law No. 23/2023/QH15 on amendments to some
Articles of the Law on Entry and Exit of Vietnamese Citizens and the Law on
Entry, Exit, Transit and Residence of Foreigners in Vietnam, which comes into
force from August 15, 2023.
[48] This Clause is
amended by Clause 17 Article 1 of the Law No. 51/2019/QH14 on amendments to
some Articles of the Law on Entry, Exit, Transit and Residence of Foreigners in
Vietnam, which comes into force from July 01, 2020.
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[50] This Clause is
amended by point a Clause 18 Article 1 of the Law No. 51/2019/QH14 on
amendments to some Articles of the Law on Entry, Exit, Transit and Residence of
Foreigners in Vietnam, which comes into force from July 01, 2020.
[51] This Clause is
added by point b Clause 18 Article 1 of the Law No. 51/2019/QH14 on amendments
to some Articles of the Law on Entry, Exit, Transit and Residence of Foreigners
in Vietnam, which comes into force from July 01, 2020.
[52] This Clause is
added by Clause 10 Article 2 of the Law No. 23/2023/QH15 on amendments to some
Articles of the Law on Entry and Exit of Vietnamese Citizens and the Law on
Entry, Exit, Transit and Residence of Foreigners in Vietnam, which comes into
force from August 15, 2023.
[53] This Clause is
amended by Clause 19 Article 1 of the Law No. 51/2019/QH14 on amendments to
some Articles of the Law on Entry, Exit, Transit and Residence of Foreigners in
Vietnam, which comes into force from July 01, 2020.
[54] Article 2 of the
Law No. 51/2019/QH14 on amendments to some Articles of the Law on Entry, Exit,
Transit and Residence of Foreigners in Vietnam, which comes into force from
July 01, 2020 stipulates that:
“Article 2. Entry into force
This
Law comes into force from July 01, 2020.”.
Article
3 of the Law No. 23/2023/QH15 on amendments to some Articles of the Law on
Entry and Exit of Vietnamese Citizens and the Law on Entry, Exit, Transit and
Residence of Foreigners in Vietnam, which comes into force from August 15, 2023
stipulates that:
“Article 3. Implementation
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2. Entry and exit documents issued before the effective
date of this Law shall be valid until the expiry date specified in such entry
and exit documents.
3. In case citizens apply for issuance of entry and exit
documents but they have not been issued with such documents when this Law takes
effect, the regulations of the Law No. 49/2019/QH14 on Exit and Entry of
Vietnamese Citizens will continue to be applied.
4.
In case a foreigner has been issued with an electronic visa or entered Vietnam
under a unilateral visa-free entry regime or applied for an electronic visa but
has not yet been issued with an electronic visa when this Law takes effect, the
Law No. 47/2014/QH13 on Entry, Exit, Transit and Residence of Foreigners in
Vietnam amended by Law No. 51/2019/QH14 shall continue to be applied.”.