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NATIONAL
ASSEMBLY
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SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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Law
No. 51/2019/QH14
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Hanoi,
November 25, 2019
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LAW
AMENDMENTS TO A NUMBER OF ARTICLES OF LAW ON ENTRY, EXIT,
TRANSIT AND RESIDENCE OF FOREIGNERS IN VIETNAM
Pursuant to Constitutions of
Socialist Republic of Vietnam;
National Assembly promulgates
Law on amendments to a number of Articles of Law on entry, exit, transit and
residence of foreigners in Vietnam No. 47/2014/QH13.
Articles 1.
Amendments to a number of Articles of Law on entry, exit, transit and residence
of foreigners in Vietnam
1. Add Clause 18 and Clause 19
after Clause 17 Article 3 as follows:
“18. Websites for immigration
refer to websites of immigration authorities, capable of publishing
information, providing public information online, assisting conducting search,
connecting, storing information, providing instructions for procedures and
answering questions relating to the field of entry and exit management.
19. Websites
for issuance of electronic visa refers to websites affiliated to websites
for immigration, capable of receiving, processing and providing information
relating to issuance of electronic visa.”.
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“Article 7. Forms and uses of
visa
1. Visa shall
be issued and attached to passport, issued separately or issued via electronic
transaction. Visas issued via electronic transaction are called electronic
visas.
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 have the need 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. Visas can
be used once or multiple times; electronic visas and visas issued under
circumstances specified in Point b Clause 2 of this Article can be 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;
b) He/she presents document proving
his/her relationship with person inviting or sponsoring in terms of parents,
spouse, children;
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d) He/she makes entry by electronic
visa and presents work permit or confirmation of eligibility for work permit
exemption according to labor laws.
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.”.
3. Amendments to Clauses of Article
8 as follows:
a) Amendments to Clause 4 as
follows:
“4. NG4 – Issued to persons who
come to work with diplomatic missions, consular missions, representative
offices of international organizations affiliated to United Nation,
intergovernmental representative offices and accompanying spouses, children
under 18 years of age; visitors of diplomatic missions, consular missions,
representative offices of international organizations affiliated to United
Nation and intergovernmental representative offices.”;
b) Amendments to Clause 7 as
follows:
“7. LS – Issued to foreign lawyers
practicing in Vietnam.”;
c) Insert Clauses 7a, 7b, 7c and 7d
after Clause 7 as follows:
“7a. 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.
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7c. 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. DT4 - Issued to foreign
investors in Vietnam and representatives of foreign organizations investing in
Vietnam and contributing capital of less than VND 3 billion.”;
d) Amendments to Clause 8 as
follows:
“8. DN1 – Issued to foreigners
working with other enterprises and organizations that are juridical person as
per the law of Vietnam.”;
dd) Insert Clause 8a after Clause 8
as follows:
“8a. 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.”;
e) Amendments to Clause 16 as
follows:
“16. LD1 – Issued to foreigners
working in Vietnam and certified of eligibility for work permit exemption,
unless otherwise specified by international agreements to which Vietnam is a
signatory.”;
g) Insert Clause 16a after Clause
16 as follows:
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h) Amendments to Clause 18 as
follows:
“18. 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.”;
i) Insert Clause 21 after Clause 20
as follows:
“21. EV - Electronic visas.”.
4. Amendments to Clauses of Article
9 as follows:
a) Amendments to Clause 1 as follows:
“1. Time limits of SQ and EV visas
do not exceed 30 days.”;
b) Amendments to Clause 4 as
follows:
“4. Time limits of NG1, NG2, NG3,
NG4, LV1, LV2, DT4, DN1, DN2, NN1, NN1, NN3, DH, PV1, PV2 and TT visas do not
exceed 12 months.”;
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“5. Time limits of LD1 and LD2
visas do not exceed 2 years.”;
d) Insert Clause 5a after Clause 5
as follows:
“5a. Time limit of DT3 visa
does not exceed 3 years.”;
dd) Amendments to Clause 6 as
follows:
“6. Time limits of LS, DT1 and DT2
visas do not exceed 5 years.”;
e) Insert Clause 9 after Clause 8
as follows:
“9. International agreements to
which Vietnam is a signatory shall prevail in case such international
agreements specify otherwise.”.
5. Amendments to Clauses of Article
10 as follows:
a) Amendments to Clause 2 as
follows:
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b) Insert Clause 5 after Clause 4
as follows:
“5. 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.”.
6. Insert Clause 5 after Clause 4
Article 11 as follows:
“5. Visas shall be issued as
specified in Point b Clause 2 Article 7 of this Law.”.
7. Insert Clause 3a after Clause 3
Article 12 as follows:
“3a. Entering coastal
economic zones decided by the Government if fully satisfying following
conditions: having international airports; having private space; having defined
geographical border and separate from inland; in conformity with socio-economic
development policies and not harming national defense and security, social
safety and order of Vietnam.”.
8. Insert Clause 7 after Clause 6 Article
16 as follows:
“7. Agencies and organizations
inviting or sponsoring foreigners may choose to send application for issuance
of visas for foreigners and receive response via electronic transaction at
websites for immigration if conditions specified in Clause 1 Article 16b of
this Law are fully satisfied.”.
9. Add Article 16a and Article 16b
after Article 16 as follows:
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1. Foreigners
requesting for issuance of electronic visas shall perform as follows:
a) Declare information in
application for issuance of electronic visas and upload photo and passport
record in information site for issuance of electronic visas;
b) Submit fees for visa issuance to
accounts specified in information site for issuance of electronic visas after
receiving code of electronic profiles of immigration authorities.
2. Immigration
authorities shall consider, process and respond to applicants at the
information site for issuance of electronic visas within 3 working days from
the date on which all information and fees for visa issuance have been
received.
3. Foreigners
issued with electronic visas shall use code of electronic profiles to check and
print results of issuance of electronic visas at information site for issuance
of electronic visas.
Article 16b. Procedures for
issuance of electronic visas at request of agencies and organizations
1. Agencies
and organizations specified in Clause 2 Article 16 of this Law may request
issuance of electronic visas for foreigners when all following conditions are
satisfied:
a) Own electronic accounts granted
by immigration authorities as specified in Clause 2 of this Article;
b) Own electronic signatures
according to Law on E-Transactions.
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a) Agencies and organizations shall
send application for issuance of electronic accounts to immigration
authorities. 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 written form and grant electronic accounts within 3 working days
from the date on which applications of agencies and organizations are received,
in case of rejection, specify reasons in written form.
3. Agencies
and organizations specified in Clause 1 of this Article shall use electronic
accounts to access to information site for issuance of electronic visas to
request issuance of electronic visas for foreigners; submit fees for issuance
of electronic visas to accounts specified in information site for issuance of
electronic visas after receiving code of electronic profiles of immigration
authorities.
4. Immigration
authorities shall consider, process and respond to agencies and organizations
at the information site for issuance of electronic visas within 3 working days
from the date on which all information and fees for visa issuance have been
received.
5. Agencies
and organizations shall login to information site for issuance of electronic
visas, use code of electronic profiles to receive response of immigration
authorities and inform foreigners.
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 information site for issuance of electronic visas.
7. Electronic
accounts shall be terminated at request of agencies and organizations
possessing them; agencies and organizations which are having accounts and
reorganized, dissolved, going bankrupt or violating regulations and law
regarding electronic transactions or immigration management. Immigration
authorities shall terminate electronic accounts and respond in written form to
inform agencies and organizations owning accounts.”.
10. Add Article 19a after Article
19 in Chapter II as follows:
“Article 19a. Nationals
eligible for issuance of electronic visas and international border checkpoints
for entry and exit of foreigners on electronic visas
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2. The
Government shall decide list of nationals eligible for issuance of electronic
visas and list of international border checkpoints for entry and exit of
foreigners on electronic visas.”.
11. Amendments to Article 20 as
follows:
“Article 20. Entry eligibility
1. A foreigner
shall be permitted for entry if he/she:
a) possesses a passport or
documents enabling international travel, except for cases of visa-free entry as
specified in this Law.
Passport of a foreigner wishing to
make entry in form of unilateral visa-free must be valid at least for another 6
months; and
b) does not fall into categories of
entry suspension specified in Article 21 of this Law.
2. A foreigner
making entry on electronic visas must fully satisfy all conditions specified in
Clause 1 of this Article and make entry via international border checkpoints
decided by the Government.”.
12. Amendments to Article 27 as
follows:
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1. A foreigner
shall be permitted for exit if he/she:
a) possesses a passport or
documents enabling international travel; and
b) temporary residence certificate,
temporary resident card or permanent residence card of his/hers is still valid;
c) does not fall into categories of
exit suspension specified in Article 28 of this Law.
2. A foreigner
making exit on electronic visas must fully satisfy all conditions specified in
Clause 1 of this Article and make exit via international border checkpoints
decided by the Government.”.
13. Amendments to Clause 1 Article
31 as follows:
“1. A foreigner making entry
without having a valid temporary resident 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 temporary residence 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 should the international agreements not
specify period of temporary residence;
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d) He/she who does not fall into
cases specified in Points a and b of this Clause and enters economic zones of
border checkpoint areas shall be granted temporary residence of 15 days; he/she
who enters special administrative – economic zones or coastal economic zones
specified in Point 3a Article 12 of this Law shall be granted temporary
residence for 30 days.”.
14. Amendments to Article 36 as
follows:
“Article 36. Cases of issuance
of temporary resident cards and symbols thereof
1. Cases of
issuance of temporary resident cards include:
a) Foreigners who are members of
diplomatic missions, consular missions, representative offices of international
organizations affiliated to United Nation, intergovernmental organizations in
Vietnam and spouses, children under 18 years of age and helpers accompanying on
missions;
b) Foreigners making entry on LV1,
LV2, LS, DT1, DT2, DT3, NN1, NN2, DH, PV1, LD1, LD2 and TT visas.
2. Temporary
resident cards shall be granted symbols as follows:
a) Temporary resident cards for
individuals specified in Point a Clause 1 of this Article shall be granted NG3;
b) Temporary residence cards for
individuals specified in Point b Clause 1 of this Article shall be granted
symbols similar to visa symbols.”.
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a) Amendments to Point d Clause 1
as follows:
“d) Documents proving eligibility
specified in Clause 1 Article 36 of this Law.”;
b) Amendments to Point b Clause 2
as follows:
“b) Agencies, organizations and
individuals directly inviting or sponsoring shall submit application for
issuance of temporary resident cards for foreigners specified in Point b Clause
1 Article 36 of this law at immigration authorities where the inviting or
sponsoring agencies or organizations are based or where the inviting or
sponsoring individuals reside;”.
16. Amendments to Article 38 as
follows:
“Article 38. Validity of
temporary resident card
1. Validity of
issued temporary resident cards shall be at least 30 days shorter than
remaining validity of passports.
2. Validity of
DT1 temporary residence cards does not exceed 10 years.
3. Validity of
NG3, LV1, LV2, LS, DT2 and DH temporary residence cards do not exceed 5 years.
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5. Validity of
LD1, LD2 and PV1 temporary residence cards do not exceed 2 years.
6. An expired
temporary resident card shall be considered for issuance anew.”.
17. Amendments to Clause 2 and
addition of Clause 3 after Clause 2 Article 46 as follows:
“2. Regulate construction, update,
connection, utilization and share of information in database for 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 managing entry, exit, transit and residence of
foreigners in Vietnam.
3. Regulate
foreigners making 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 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
certification for foreigners making entry into Vietnam; foreigners making entry
and exit via automatic security barriers.”.
18. Amendments to Clauses of
Article 47 as follows:
a) Amendments to Clause 5 as
follows:
“5. Control entry, exit and entry
at border checkpoints under management of Ministry of Public Security as per
the law.”;
b) Insert Clause 10 after Clause 9
as follows:
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19. Amendments to Clause 2 Article
49 as follows:
“2. Control entry, exit and transit
at border checkpoints under management of Ministry of National Defense as per
the law; issue, revise and revoke visas, issue temporary residence certificate
as specified in this Law.”.
Article 2.
Entry into force
This Law comes into force from July
10, 2020.
This Law is approved in the 8th
session of the 14th National Assembly of the Socialist Republic of Vietnam in
November 25, 2019.
CHAIRPERSON
OF NATIONAL ASSEMBLY
Nguyen Thi Kim Ngan
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