THE MINISTRY OF PUBLIC SECURITY
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 31/2015/TT-BCA
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Hanoi, July 6, 2015
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CIRCULAR
ON
GUIDELINES FOR ISSUANCE OF VISAS, TEMPORARY RESIDENCE CARDS, ENTRY/EXIT
PERMITS, AND GRANTING PERMANENT RESIDENCE STATUS FOR FOREIGNERS IN VIETNAM
Pursuant to the Law on
entry, exit, transit and residence of foreigners in Vietnam dated June 16,
2014;
Pursuant to Decree No.
106/2014/ND-CP dated November 17, 2014 of the Government defining the
functions, tasks, entitlements and organizational structure of the Ministry of
Public Security;
At the request of Director
General of General Department of Security,
The Minister of Public
Security promulgates a Circular on guidelines for issuance of visas, temporary
residence cards, entry/exit permits, granting permanent residence status for
foreigners in Vietnam.
Chapter I
GENERAL PROVISIONS
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This Circular provides
guidelines for issuance of visas, temporary residence cards, entry/exit
permits, and granting permanent residence status for foreigners in Vietnam
within competence of the Ministry of Public Security.
Article 2. Regulated
entities
This Circular applies to
foreigners who enter or reside in Vietnam and relevant agencies, organizations,
and individuals.
Chapter II
PROCEDURES AND POWER TO PROCESS APPLICATION
FOR ISSUANCE OF VISAS, TEMPORARY RESIDENCE CARDS AND GRANTING TEMPORARY
RESIDENCE STATUS
Article 3. Procedures and
power to process application for issuance of visas
1. The inviting entity
prescribed in Clause 1 Article 16 of the Law on entry, exit, transit, and
residence of foreigners in Vietnam (hereinafter referred to as Law) shall
directly submit application at the Immigration Administration Department.
2. An application for issuance
of visa using the form issued by the Ministry of Public Security in Circular
No. 04/2015/TT-BCA dated January 5, 2015 on forms of documents on entry, exit,
and residence of foreigners in Vietnam shall include:
a) An NA2 form applicable to
agencies or organizations;
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3. Processing application for
issuance of visa:
a) Immigration Administration
Department shall consider and respond to the applicants as prescribed in Clause
3 Article 16 of the Law;
b) Regarding applications
submitted at checkpoints, Immigration Administration Department shall consider
and respond as prescribed in Clause 5 Article 16 of the Law.
Article 4. Procedures and
power to process application for issuance of temporary residence cards
1. The inviting entity shall
apply for issuance of a temporary residence card on behalf of an eligible
foreigner prescribed in Clause 2 Article 36 of this Law at Immigration
Administration Department or Division of immigration administration of police
authority of the province or central-affiliated city (hereinafter referred to
as province) where the inviting entity’s headquarter is located or where the
inviting entity resides.
2. The application for issuance
of temporary residence card shall comply with Clause 1 Article 37 of the Law.
An application for issuance of temporary residence card prescribed in Point a
Clause 1 Article 37 of the Law using the form issued by the Ministry of Public
Security in Circular No. 04/2015/TT-BCA dated January 5, 2015 on forms of
documents on entry, exit, and residence of foreigners in Vietnam shall include:
a) An NA6 and NA8 form
applicable to agencies or organizations;
b) An NA7 and NA8 form
applicable to individuals.
3. Issuing temporary
residence cards
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4. Validity period of a
temporary residence card shall conform the entry purposes and the application.
A temporary residence card has a validity period of between 1 and 5 years
provided that it is 30 days shorter than the validity period of the passport.
Article 5. Granting
permanent residence status
1. Procedures and power to
grant permanent residence status shall comply with Articles 41 and 42 of the
Law.
2. Determination of duration of
temporary residence in Vietnam of a foreigner applying for permanent residence
(hereinafter referred to as applicant):
a) The applicant has
temporarily resided in Vietnam for at least consecutive 3 years as prescribed
in Clause 3 Article 40 of the Law according to the entry and exit visa borne at
the checkpoint within latest 4 years from the date on which the application for
permanent residence is submitted.
b) Documents proving that the
applicant has temporarily resided in Vietnam before 2000 as prescribed in Point
b Clause 1 Article 42 of the Law, including: certification of temporary
residence; temporary residence register; description of duration of temporary
residence in Vietnam certified by the police authority of commune/ward/ town
where the applicant (without nationality) temporarily resides.
3. Receiving body of
application for permanent residence status:
a) The applicant prescribed in
Clauses 1 and 2 Article 39 of the Law shall submit application at Immigration
Administration Department.
b) The applicant prescribed in
Clauses 3 and 4 Article 39 of the Law shall submit application at Division of
immigration administration of police authority of the province.
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PROCEDURES FOR ISSUANCE AND REISSUANCE OF
ENTRY/EXIT PERMITS FOR PEOPLE WITHOUT NATIONALITIES IN VIETNAM
Article 6. Entry/exit
permits
1. Laissez-passers prescribed
in Point i Clause 1 Article 44 of the Law are entry/exit permits issued by
Immigration Administration Department to people without nationalities in
Vietnam wishing leaving Vietnam (using form No. NC13 issued herewith).
2. Validity period of the
entry/exit permit is 3 years; it shall be considered reissuing in case of loss
or damage.
Article 7. Procedures for
issuance or reissuance of entry/exit permits
1. Any person applying for
issuance or reissuance of entry/exit permit shall submit an application at
Immigration Administration Department or Division of immigration administration
of police authority of the province. The application includes:
a) An application form for
issuance or reissuance of entry/exit permits (using form No. NC14 issued
herewith);
b) A photocopy of temporary
residence card attached with the original copy for comparison (if any);
c) A description of duration of
temporary residence in Vietnam certified by the police authority of the
commune/ward/town where the person without nationality temporarily resides;
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dd) A report of loss, with
regard to application for reissuance of permit due to its loss.
2. Issuing or reissuing
entry/exit permits:
a) With respect to application
submitted at Immigration Administration Department:
Within 05 working days from the
date on which adequate application is received, Immigration Administration
Department shall consider issuing or reissuing the entry/exit permit.
b) With respect to application
submitted at Division of immigration administration of police authority of the
province:
Within 03 working days from the
date on which the adequate application is received, Division of immigration
administration of police authority shall consider transferring the application
to Immigration Administration Department. Immigration Administration Department
shall consider issuing or reissuing the entry/exit permit within 02 working
days.
Chapter IV
IMPLEMENTATION
Article 8. Transitional
provisions
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2. Any application for issuance
of visa, temporary residence card; issuance or reissuance of entry/exit permit;
or granting permanent residence status before the effective date of this
Circular which has not been processed shall be considered by the immigration
authority as prescribed in this Circular.
Article 9. Effect
1. This Circular comes into
force from August 20, 2015.
2. This Circular replaces
Circular No. 45/2011/TT-BCA dated June 29, 2011 of the Minister of Public
Security on guidelines for issuance of entry/exit permit for foreigners in
Vietnam without passport.
Article 10. Implementation
1. General Department of
Security shall take charge and instruct police authorities of units, local
governments and relevant units to implement this Circular.
2. Directors General, Heads of
affiliates of Ministry, Directors of police authorities, Fire departments of
central-affiliated cities and provinces shall implement this Circular.
Difficulties that arise during
the implementation of this Circular should be reported to the Ministry of
Public Security (via Immigration Administration – General Department of
Security) for consideration./.
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MINISTER
General Tran Dai Quang