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NATIONAL
ASSEMBLY
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 47/2014/QH13
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Hanoi, June
16, 2014
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LAW
ENTRY, EXIT, TRANSIT, AND RESIDENCE OF FOREIGNERS IN
VIETNAM
Pursuant to the Constitution of Socialist
Republic of Vietnam;
The National Assembly promulgates the Law on
Entry, exit, transit, and residence of foreigners in Vietnam.
Chapter I
GENERAL REGULATIONS
Article 1. Scope
This Law deals with the rules, conditions,
procedures , rights and obligations of foreigners who enter, leave, and reside
in Vietnam; rights and obligations of Vietnamese authorities and other entities
to foreigners’ entry, exit, and residence in Vietnam.
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This Law deals is applied to foreigners who
enter, leave, transit through, and reside in Vietnam, Vietnamese authorities,
relevant Vietnamese and foreign entities.
Article 3. Interpretation of
terms
In this Law, the terms below are construed as
follows:
1. Foreigners are those who carry papers
proving their foreign nationalities, or those without nationalities who enter,
leave, transit through, or reside in Vietnam.
2. Papers proving foreign nationalities are
papers issued by foreign authorities or the UN, including passports or passport
substitutes (hereinafter referred to as passports).
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 is accepted by Vietnamese authorities.
4. Entry means a foreigner’s entering into
Vietnam through a Vietnam’s border checkpoint.
5. Transit means a foreigner’s passing or
staying within the area for transit passengers at a border checkpoint of
Vietnam before going to a third country.
6. Exit means a foreigner’s leaving Vietnam
through a Vietnam’s border checkpoint.
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8. Compelled exit means a decision of
competent person of Vietnam to compel a foreigner residing in Vietnam to leave
Vietnam through a Vietnam’s border checkpoint.
9. Residence means a foreigner’s permanent or
temporary residence in Vietnam.
10. Border checkpoint is a place where
foreigners are granted entry, 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 permit means a
certification by a Vietnamese authority of the period over which the foreigner
may temporarily reside in Vietnam.
13. Temporary residence card is 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.
14. Permanent residence card is a document
issued by an immigration authority to a foreigner who is permitted to reside
indefinitely in Vietnam. This card has the same validity as a visa.
15. Immigration authority is an agency
affiliated to the Ministry of Public Security specialized in administration of
entry, exit, transit, and residence of foreigners in Vietnam .
16. Immigration control units are units that
control the entry, exit, and transit of foreigners in Vietnam at border
checkpoints.
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Article 4. Entry, exit,
transit, and residence must:
1. Comply with this Law, and other relevant
regulations of law of Vietnam or international agreements to which Vietnam is a
signatory.
2. Respect the independence, sovereignty, unity,
and territorial integrity; ensure national security, social order, and equality
in international relationship.
3. Ensure transparency and convenience for
foreigners; ensure tight and consistent administration of entry, exit, transit,
and residence of foreigners in Vietnam.
4. Any foreigner who has multiple passports may
use only one passport for his/her entry, exit, transit, and residence in
Vietnam.
Article 5. Prohibited acts
1. Obstructing foreigners and relevant entities
from exercising their rights or discharging their duties in accordance with
regulations of law on entry, exit, transit, and residence of foreigners in
Vietnam.
2. Establishing procedures or requiring
documents against this Law and relevant regulations of law; harass foreigners
when they are following for entry, exit, transit, or residence in Vietnam.
3. Illegal entry, exit, or residence in Vietnam;
using fake documents to enter, leave, transit through, or reside in Vietnam.
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5. Taking advantage of entry, exit, transit, or
residence in Vietnam to act against Socialist Republic of Vietnam, infringe
upon the lawful rights and interests of other entities.
6. Buying, selling, leasing, lending, borrowing,
falsifying entry/exit/residence permits in order for foreigners to enter,
leave, transit through, or reside in Vietnam.
Article 6. Revocation,
invalidation of entry/exit/residence permits
issued by Vietnamese competent authorities
Any foreigner that violations regulations of
Clauses 3 through 6 Clause 5, Clause 3 Article 21, Point b Clause 2 Article 44
of this Law shall have his/her entry/exit/residence permit permit revoked.
Chapter II
VISA
Article 7. Uses and formats
of visa
1. A visa may be used one or multiple times and
its purpose must not be changed.
2. Each person shall be issued with a separate
visa, except for children under 14 who will be issued with visas in the same
passports of their parents or guardians.
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Article 8. Visa symbols
1. NG1 - Issued to members of delegations
invited by the Secretary General of Vietnam’s Communist Party of, the President
of Vietnam, the President of the National Assembly, the Prime Minister.
2. NG2 - issued to members of delegations
invited by standing members of the Secretariat of the Vietnam’s Communist
Party, Deputy President of Vietnam, Deputy President of the National Assembly,
Deputy Prime Minister, President of Vietnamese Fatherland Front, Executive
Judge of The Supreme Court, Chief Procurator of the Supreme Procuracy, State
Auditor General; members of delegations at the same levels of Ministers,
Secretary Generals of Provincial Communist Authorities, President of the
People’s Committees of provinces.
3. NG3 - Issued to members of diplomatic
missions, consular offices, 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. NG4- Issued to people who come to work with
diplomatic missions, consular offices, representative offices of international
organizations affiliated to the UN, representative offices of intergovernmental
organizations, visitors of members of diplomatic missions, consular offices,
representative offices of international organizations affiliated to the UN, and
representative offices of intergovernmental organizations.
5. LV1 - Issued to people who come to work with
units affiliated to Vietnam’s Communist Party; the National Assembly, the
government, Central Committee of Vietnamese Fatherland Front, the People’s
Supreme Court, the People’s Supreme Procuracy, State Audit Agency, Ministries,
ministerial agencies, Governmental agencies, the People’s Councils, the
People’s Committees of provinces.
6. LV2 - Issued to people who come to work with
socio-political organizations, social organizations, Vietnam Chamber of
Commerce and Industry.
7. ĐT - Issued to foreign investors in Vietnam
and foreign lawyers practicing in Vietnam.
8. DN - Issued to people who come to work with
companies in Vietnam.
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10. NN2 - Issued to heads of representative
offices, branches of foreign traders, representative offices of other foreign
economic, cultural, professional organizations in Vietnam.
11. NN3 - Issued to people who come to work with
foreign non-governmental organizations, representative offices, branches of
foreign traders, representative offices of other foreign economic, cultural,
professional organizations in Vietnam.
12. DH - Issued to people who come to study or
serve internship.
13. HN - Issued to people who come to attend
conventions or conferences.
14. PV1 - Issued to journalists who have
permanent residences in Vietnam.
15. PV2 - Issued to journalists who come to work
for a short period of time in Vietnam.
16. LĐ - Issued to people who come to work.
17. DL - Issued to tourists.
18. TT - Issued to foreigners that are parents,
spouse, children under 18 years of age of the foreigners issued with LV1, LV2,
ĐT, NN1, NN2, UNIVERSITY, PV1, LĐ visas, or foreigners that are parents,
spouse, children of Vietnamese citizens.
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20. SQ - Issued to people in the cases mentioned
in Clause 3 Article 17 of this Law.
Article 9. Visa duration
1. The duration of a SQ visa is not longer than
30 days.
2. The duration of a HN or DL visa is not longer
than 03 months.
3. The duration of a VR visa is not longer than
06 months.
4. The duration of a NG1, NG2, NG3, NG4, LV1,
LV2, DN, NN1, NN2, NN3, DH, PV1, PV2 or TT visa is not longer than 12 months.
5. The duration of a LĐ visa is not longer than
02 years.
6. The duration of a ĐT visa is not longer than
05 years.
7. When a visa is expired, its reissuance shall
be considered.
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Article 10. Conditions for
visa issuance
A person shall be issued with a visa when
he/she:
1. Has a passport or laissez-passer.
2. Is invited or sponsored by an organization or
individual in Vietnam, except for the cases mentioned in Clause 3 Article 17 of
this Law.
3. Not suspended from entry in the cases
mentioned in Article 21 of this Law.
4. Proof of entry purposes must be provided when
applying for a visa in the following cases:
a) Any foreigner who comes to make investment
must have papers proving the investment in Vietnam in accordance with the Law
on Investment;
b) Any foreigner who works as a lawyer in
Vietnam must have a practice license in accordance with the Law of Lawyers;
c) Any foreigner who comes to work in Vietnam
must have work permits in accordance with the Labor Code;
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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. Laissez-passer.
4. For reasons of diplomacy, or national defense
and national security.
Article 12. Cases of
visa-free entry
1. The cases 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. Entry to checkpoint economic zones, special
administrative - economic units.
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5. Vietnamese people residing overseas who have
passports or laissez-passers issued by foreign authorities, foreigners being
their spouses or children; foreigners being 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 citizens of a country must satisfy the following conditions:
a) The country has a diplomatic relation with
Vietnam;
b) The decision is conformable with the policies
on socio-economic development and diplomacy of Vietnam in each period;
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 any of
the conditions in Clause 1 of this Article are not satisfied.
3. A decision to unilaterally grant visa-free
entry shall be invalidated if any of the conditions in Clause 1 of this Article
is not satisfied.
Article 14. Entities that
invite or sponsor foreigners
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a) Secretary General of Vietnam’s Communist
Party, the President of Vietnam, the President of the National Assembly, the
Prime Minister;
b) Standing members of the Secretariat of
Vietnam’s Communist Party, Deputy President of Vietnam, Deputy President of the
National Assembly, Deputy Prime Minister, President of Central Committee of
Vietnamese Fatherland Front, Executive Judge of The People’s Supreme Court, the
Chief Procurator of the Supreme People’s Procuracy, State Auditor General;
Ministers and the equivalent, Secretary Generals of provincial Communist
authorities, Presidents of the People’s Councils, Presidents of the People’s
Committees of provinces;
c) The agencies and units affiliated to Central
Communist Party Agency of Vietnam, agencies of the National Assembly, agencies
affiliated to Standing Committee of the National Assembly, Central Committee of
Vietnamese Fatherland Front, The People’s Supreme Court, the People’s Supreme
Procuracy, State Audit Agency, ministerial agencies, Governmental agencies;
d) Provincial communist parties, the People’s
Councils, the People’s Committees of provinces;
dd) Central agencies of socio-political
organizations, social organizations, Vietnam Chamber of Commerce and Industry;
e) Companies established within Vietnam’s Law;
g) Diplomatic missions, consular offices,
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 with legal status as
prescribed by Vietnam’s law;
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2. The aforementioned entities must invite or
sponsor foreigners within the functions, tasks, and entitlements prescribed by
law or by the operating licenses issued. Vietnamese citizens residing in
Vietnam, foreigners having 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, 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 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 must
send a written notification to a competent authority of the Ministry of Foreign
Affairs in order for an overseas agency of Vietnam competent to issue visas to
issue a visa (if a visa is required), and notify the immigration authority.
3. The inviting entity mentioned in Clause 3 and
Clause 4 Article 8 of this Law shall directly send an application for the visa
to a competent authority of the Ministry of Foreign Affairs. The competent
authority of the Ministry of Foreign Affairs shall send a written notification
to the immigration authority. Within 02 working days, if the immigration
authority does not offer any opinions, the competent authority of the Ministry
of Foreign Affairs shall reply the inviting entity and request the overseas
visa-issuing authority of Vietnam to issue the visa (if a visa is required).
4. If the application is
submitted at a 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 grant 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, sponsoring foreigners to enter Vietnam at immigration authorities
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2. Before following the procedures for inviting
or sponsoring a foreigner to enter Vietnam, the social organization, company,
or another organization having a legal status 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 notifications to the immigration authority together with a dossier 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 dossier are change, an additional notification shall be sent.
3. Within 05 working days from the receipt of
the application for the visa, the immigration authority shall consider granting
it, send a response to the inviting entity, and notify the overseas
visa-issuing authority of Vietnam.
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 a border checkpoint, the immigration authority shall consider 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 must pay the fee for
notification of visa issuance to the immigration authority.
Article 17. Issuance of
visa at an overseas visa-issuing authority of Vietnam
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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
and his/her pictures to the overseas visa-issuing authority of Vietnam. Every child under 14 years of age who is issued with a
visa in the same passport of his/her parent or guardian is no 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 the following foreigners who comes to Vietnam for the purpose of market
survey, tourism, visiting relatives, or medical treatment:
a) Any person who has works to do 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 office at the host
country.
4. After the visa is issued in the cases
mentioned in Clause 3 of this Article, the head of the overseas visa-issuing
authority of Vietnam must notify the immigration authority and bear
responsibility of the visa issuance.
Article 18. Visa issuance
at border checkpoints
1. A foreigner shall be issued with a visa at a
border checkpoint in the following cases:
a) The foreigner departs from a country that
does not have any visa-issuing authority of Vietnam;
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c) The foreigner comes to Vietnam to take a tour
organized by an international tourism company in Vietnam;
d) Foreign crewmembers of a ship anchoring at a
Vietnam’s port and wish to leave 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 a border
checkpoint shall submit his/her passport or laissez-passer, fill the
application for the visa, and append his/her picture at the immigration
counter. 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 use the same
passport of his/her parent or guardian.
3. The immigration counter shall compare the
application with the notification of the immigration authority to issue the
visa.
Article 19. Visa issuance
at a 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 laissez-passer of the invited foreigners to the immigration authority
or a competent authority of the Ministry of Foreign Affairs.
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Chapter III
ENTRY
Article 20. Conditions for
entry
A foreigner shall be granted entry into Vietnam
when all of the conditions below are satisfied:
1. The foreigner has a passport/laissez-passer
and a visa.
Any foreigner that enters Vietnam and is
unilaterally granted visa-free entry must have a passport that is still valid
for at least 06 months, and the entry date must be at least 30 days from the
previous exit;
2. The foreigner is not suspended from entry as
prescribed in Article 21 of this Law.
Article 21. Cases of
suspension from entry
1. Any of the conditions in Clause 1 Article 20
of this Law is not satisfied.
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3. Forging papers or providing false information
to obtain entry/exit/residence permit.
4. Any person suffering from a mental disease or
infectious disease that threatens the public health.
5. Any person that was deported from Vietnam
within the last 03 years.
6. Any person that was compelled to leave
Vietnam within the last 06 months.
7. For reasons of epidemic prevention.
8. For reasons of natural disasters.
9. For reasons of national defense, national
security, social order, and social safety.
Article 22. Entitlement to
decide suspension from entry
1. The head of the immigration unit shall decide
suspension from entry in the cases mentioned in Clauses 1, 2, 3, 4, 5 and 6
Article 21 of this Law.
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3. The Minister of Agriculture and Rural
development shall decide suspension of entry in the cases mentioned in Clause 8
Article 21 of this Law.
4. The Minister of Public Security and the
Minister of National Defense shall decide suspension of entry in the cases
mentioned in Clause 9 Article 21 of this Law.
5. The persons competent to decide suspension of
entry are also competent to lift such suspension and take responsibility for
their decision.
Chapter IV
TRANSIT
Article 23. Conditions for
transit
A foreigner shall be granted transit when all of
the documents below are presented:
1. A passport or a laissez-passer;
2. A ticket that matches the route to the third
country;
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Article 24. Transit
passenger area
1. Transit passenger area is an area within a
border checkpoint where foreigners may stay before going to the third country.
2. The transit passenger area shall be decided
by the authority in charge of the border checkpoint.
Article 25. Transit by air
1. Foreigners that transit by air are 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 schedule designed by
an international tourism company n Vietnam, such foreign shall be considered to
be issued with a visa that matches the transit duration.
Article 26. Transit by sea
Foreigners that transit by sea are 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 schedule designed by an international tourism
company n Vietnam; any of them who wishes to leave Vietnam through another
border checkpoint shall be considered to be issued with a VR visa.
Chapter V
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Article 27.
Conditions for exit
A foreigner shall be granted exit from Vietnam
when all of the conditions below are satisfied:
1. The foreigner has a passport/laissez-passer;
2. The foreigner has an unexpired temporary
residence permit, temporary residence card or permanent residence card;
3. The foreigner is not suspended from exit as
prescribed in Article 28 of this Law.
Article 28. Cases of
suspension from exit and duration of suspension
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 with relevant obligations in a criminal case; a defendant or a
person with relevant obligations in a civil case pertaining to business,
employment, administration, marriage and familial affairs;
b) He/she has to implement a judgment or
decision of the Court or a Competition Settlement Council;
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d) He/she is obliged to implement a decision on
penalties for administrative violations;
dd) For reasons of national defense and security.
2. Clause 1 of this Article is not applied to
people 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. Entitlements to
decide exit suspension, extend duration of exit suspension, and lift exit
suspension
1. Heads of investigation agencies, Heads of
Procuracies, Executive Judges of Courts, Chiefs of Judicial Order Enforcement
Agencies, Presidents of Competition Settlement Councils, within the ambit of
their competence, 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
the foreigners mentioned in Point d Clause 1 Article 28 of this Law from exit
in the following cases:
a) Any foreigner obliged to implement a decision
on penalties for administrative violations imposed by a police authority;
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4. The Minister of Public Security and the
Minister of National Defense shall decide suspension of entry in the cases
mentioned in Point dd Clause 1 Article 28 of this Law.
5. Any person competent to decide suspension of
exit is also entitled to extend the suspension period, lift such suspension,
and take responsibility for his/her decision.
Any person that decides a suspension of exit
must lift if right after the reasons for suspension no longer exist.
6. The decision on suspension
of exit, extension of suspension period, or lift of suspension must be promptly
sent to the immigration authority and the suspended person.
7. After receiving the decision on suspension of
exit, extension of suspension period, or lift of suspension the immigration
authority shall implement it.
Article 30. Compelled exit
1. A foreigner may be compelled to leave Vietnam
in one of the following cases:
a) The foreigner fails to leave Vietnam after
the expiration of the temporary residence period;
b) For reasons of national defense, national
security, social order, and social safety.
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a) Immigration authorities shall decide
compelled exit in the cases mentioned in Point a Clause 1 of this Article;
b) The Minister of Public Security, the Minister
of National Defense shall decide compelled exit in the cases mentioned in Point
b Clause 1 of this Article.
Chapter VI
RESIDENCE
Section 1: TEMPORARY
RESIDENCE
Article 31. Temporary
residence permit
1. The immigration unit shall issue temporary
residence permits to foreigners by appending a seal in their passports or
separate visas with the following time limits:
a) The duration of the certificate of temporary
residence is the same as the duration of the visa. If the duration of the visa
is not longer than 15 days, the duration of the temporary residence permit
shall be 15 days. If the visa symbol is ĐT or LĐ, the duration of the temporary
residence permit shall not exceed 12 months, and the issuance of a temporary
residence card shall be considered;
b) For the persons granted visa-free entry under
international agreements to which Vietnam is a signatory, the duration of
temporary residence permit shall comply with such international agreements, or
shall be 30 days if it is not specified by the international agreements;
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d) The duration of temporary residence permits
issued to nationals of the countries to which Vietnam grant visa-free entry
shall be 15 days;
dd) Temporary residence permits shall not be
issued to foreigners who have unexpired permanent residence cards or temporary
residence cards.
2. Foreigners may temporarily reside in Vietnam
through out the duration of the temporary residence permit issued.
3. The time limit for temporary residence may be
shortened or invalidated by the immigration authority when the foreigner
violates Vietnam’s law.
Article 32. Lodging
establishments
Lodging establishments are places where
foreigners temporary reside within Vietnam’s territory, including lodging
establishments for tourists, guesthouses, housing areas for foreigners who
work, study, or serve their internship in Vietnam, medical facilities, private
houses, and other lodging establishments defined by law.
Article 33. Declaration of
temporary residence
1. Any foreigner that temporary resides in
Vietnam must, via the manager of the lodging establishment, declare his/her
temporary residence at the local police authority.
2. The manager of the lodging establishment
shall complete the declaration form and submit it to the local police authority
within 12 hours (or within 24 hours if the administrative division is in a
remote area) since the foreigner arrives at the lodging establishment.
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4. Any foreigner that changes his temporary
residence or resides at a place other than that written in the temporary
residence card must submit a declaration of temporary residence as prescribed
in Clause 1 of this Article.
Article 34. Temporary
residence in industrial parks, export-processing zones, checkpoint economic
zones, coastal economic zones, bordering areas, and special administrative -
economic units
1. Foreigners may reside in lodging 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. Foreigners must not temporarily resides in
prohibited areas, areas in bordering areas on land where activities are
suspended; prohibited zones, and restricted areas in bordering areas at sea.
Foreigners may reside in lodging 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. Agencies that receive declarations of temporary residence of
foreigners shall notify the border guard stations in the same administrative division
where the lodging establishment is situated.
Article 35. Extension of
temporary residence status
1. Any foreigner who is temporarily residing in
Vietnam and wish to have the temporary residence status extended must 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 the written request for extension of the
temporary residence status enclosed with a passport or 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 at 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 in which
temporary residence cards are issued and symbols of temporary residence cards
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2. Foreigners issued with LV1, LV2, ĐT, NN1,
NN2, DH, PV1, LĐ, TT visas shall be issued with temporary residence cards with
the same symbols.
Article 37. Procedures for
issuance of temporary residence card
1. An application for the temporary residence
card consists of:
a) A written request from the inviting entity;
b) A declaration bearing a picture;
c) The passport;
d) Papers proving the status mentioned in
Article 36 of this Law.
2. An application for a temporary residence card
shall be processed as follows:
a) The diplomatic mission, consular office, 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;
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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. Duration of
temporary residence cards
1. The duration of a temporary residence card is
at least 30 days shorter than the remaining duration of the passport.
2. The duration of a NG3, LV1, LV2, ĐT or DH
temporary residence card shall not exceed 05 years.
3. The duration of a NN1, NN2, TT temporary
residence card shall not exceed 03 years.
4. The duration of a LĐ or PV1 temporary
residence card shall not exceed 02 years.
5. Expired temporary residence cards may be
extended.
Section 2: PERMANENT
RESIDENCE
Article 39. Cases in which
grant of permanent residence status is considered
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2. Foreigners who are scientists or experts
temporarily residing in Vietnam.
3. Any foreigner sponsored by his parent,
spouse, or child who is a Vietnamese citizen and has a permanent residence in
Vietnam.
4. Any person without nationalities who has had
a temporary residence in Vietnam from 2000 or earlier.
Article 40. Conditions for
considering grant of 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 and is making a decent living in Vietnam.
2. Foreigners mentioned in Clause 2 Article 39
of this Law must be proposed by the Ministers, Heads of ministerial agencies or
Governmental agencies in corresponding fields.
3. Any of the foreigners mentioned in Clause 3
Article 39 who have had a temporary residence in Vietnam for 03 consecutive
years or more.
Article 41. Procedures for granting
permanent residence status
1. Any foreigners applying permanent residence
status (hereinafter referred to as applicant) shall follow the procedures at an
immigration authority. The application consists of:
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b) A criminal record issued by a competent
authority of the country of which the applicant is a citizen;
c) A diplomatic note from a diplomatic mission
of the country, of which the applicant is a citizen, requesting grant of
permanent residence status to the applicant;
d) Certified true copy of the passport;
dd) Papers proving the fulfillment of
requirements mentioned in Article 40 of this Law;
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 deem necessary, the
deadline may be extended for up to 02 months.
3. The immigration authority shall send a
written notification of the result to the applicant and the police authority of
the province where the foreigner wishes to have a permanent residence.
4. Within 04 working days from the receipt of
the notification from the immigration authority, the police authority of the
province shall notify the foreigner of the grant of permanent residence status.
5. Within 03 months from the receipt of the
notification of the grant of permanent residence status, the foreigner must go
to the immigration authority affiliated to the provincial police department to
receive the permanent residence card.
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1. Any of the people without nationalities
mentioned in Clause 4 Article 39 of this Law may submit an application to the
immigration authority affiliated to the police authority of the province where
he/she has a temporary residence. The application consists of:
a) A written request for grant of permanent
residence status;
b) Papers proving that he/she has had a
temporary residence in Vietnam before 2000 and satisfy all requirements in
Clause 1 Article 40 of this Law.
2. Procedures for granting permanent residence
status to people without nationalities shall comply with Clauses 2, 3, 4, and 5
Article 41 of this Law.
Article 43. Replacement,
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 must go to a provincial police authority to replace
the permanent residence card. The application consists of:
a) An application form for replacement of the
permanent residence card;
b) The permanent residence card;
c) A certified true copy of the passport, except
for those without nationalities.
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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 those without nationalities;
d) Papers proving the changes to the contents of
the permanent residence card.
3. Within 20 days from the day on which
sufficient documents are received, the police authority of the province shall
reissue the card.
Chapter VII
RIGHTS AND OBLIGATIONS OF FOREIGNERS;
RIGHTS AND OBLIGATIONS OF INVITING ENTITIES
Article 44. Rights and
obligations of foreigners
1. Foreigners that enter, leave, transit
through, or reside in Vietnam are entitled to:
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b) Every holder of a temporary residence card
may sponsor his/her grandparents, parents, spouse, and children to visit
Vietnam; for 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 organization that invites or sponsors the card holder.
c) Every holder of a permanent residence card
may sponsor his/her parents, parents, 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 without having to ask for permission; 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 the province where the ship is anchored. Issuance of a visa
shall be consider if such a crewmember goes beyond the province or leave
Vietnam through another border checkpoint;
e) The spouse and children that go a long with a
member of a diplomatic mission, consular office, 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 agreement may go to work if
he/she is permitted in writing to work by the school or educational
institution;
h) People without nationalities residing
overseas may enter Vietnam for the purpose of tourism and visiting relatives;
i) The Ministry of Public Security shall
consider issuing a laissez-passer to any person without personalities that
wishes to leave Vietnam.
2. Foreigners that enter, leave, transit
through, or reside in Vietnam are obliged to:
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b) Engaged in activities in Vietnam in
accordance with the stated purpose of entry;
c) Carry passports, laissez-passers, papers
related to residence in Vietnam while traveling, and present them to competent
authorities on request;
d) When a foreigner who has a permanent
residence in Vietnam leaves Vietnam to permanently reside in another country,
he/she must return the permanent residence card to the immigration unit at the
border checkpoint.
Article 45. Rights and
obligations of inviting entities
1. Inviting entities have the rights below:
a) Organizations lawfully established in Vietnam
may invite and sponsor foreigners to Vietnam within their competence and
operation;
b) Vietnamese citizens having permanent
residences in Vietnam may invite their grandparents, parents of their spouses,
spouses, children, and siblings who are foreigners to Vietnam;
c) Vietnamese citizens having permanent
residences in Vietnam may invite their parents, spouses, and children that are
foreigners who apply for permanent residence status or temporary residence
cards.
2. Inviting entities have are obliged to:
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b) Instruct foreigners to comply with law,
respect the traditions and customs of Vietnam;
c) Fulfill the obligations of sponsors as
prescribed by law; cooperate with competent authorities of Vietnam in resolving
issues pertaining to the invited or sponsor foreigners;
d) Cooperate with competent in monitoring
foreigners’ activities in accordance with their entry purposes while they are
temporarily residing in Vietnam; cooperate with lodging 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 leave
Vietnam.
Chapter VIII
RESPONSIBILITIES OF AGENCIES,
ORGANIZATIONS IN CHARGE OF ENTRY, EXIT, TRANSIT AND RESIDENCE OF FOREIGNERS IN
VIETNAM
Article 46.
Responsibilities of the Government
1. Uniform the administration of entry, exit,
transit, and residence of foreigners in Vietnam by regulatory authorities.
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Article 47.
Responsibilities of the Ministry of Public Security
1. Take charge and cooperate with relevant
Ministries and ministerial agencies in administration of entry, exit, transit,
and residence of foreigners in Vietnam.
2. Formulate and promulgate, or request
competent authorities to promulgate legislative documents on entry, exit,
transit, and residence of foreigners in Vietnam.
3. Organize the implementation 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. Control the entry, exit, transit at border
checkpoints as prescribed by law.
6. Carry out inspections, settle complaints,
denunciations, and impose penalties for violations against regulations of law
on entry, exit, transit, and residence of foreigners in Vietnam.
7. Promulgate templates of papers pertaining to
entry, exit, and residence of foreigners in Vietnam.
8. Produce statistics on entry, exit, transit,
and residence of foreigners in Vietnam.
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Article 48.
Responsibilities of the Ministry of Foreign Affairs
1. Cooperate with the Ministry
of Public Security in administration 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 agreements 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 administration of entry, exit, transit and residence of foreigners
in Vietnam.
2. Control the entry, exit, transit at border
checkpoints as prescribed by law; issue, amend, invalidate visas; issue
temporary residence permits in accordance with 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
competence, shall cooperate with the Ministry of Public Security, the Ministry
of Foreign Affairs, the Ministry of National Defense in administration of
entry, exit, transit, and residence of foreign in Vietnam.
Article 51. Responsibilities
of the People’s Committees
1. Organize the implementation of regulations of
law on entry, exit, and residence of foreigners in Vietnam.
2. Instruct specialized agencies affiliated to
the People’s Committees to administer the residence of local foreigners in
accordance with this Law.
3. Disseminate the laws on entry, exit, and
residence of foreigners locally.
4. Carry out inspections, settle complaints,
denunciations, and impose penalties for violations against regulations of law
on entry, exit, transit, and residence of foreigners locally.
5. Apart from the regulations in Clauses 1, 2,
3, and 4 of this Article, the People’s Committees of communes, wards, and towns
must grasp the operations of local lodging establishments, administer the
residence and activities of local foreigners.
Article 52.
Responsibilities of Vietnamese Fatherland Front and member organizations
thereof
1. Cooperate with competent state authority in
disseminate this Law and encourage the people to implement it.
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Chapter IX
IMPLEMENTATION
Article 53. Transitional
regulations
Unexpired entry/exit/residence permits issued
before the effective date of this Law are still effective until they expire.
Article 54. Effect
1. This Law takes effect on 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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PRESIDENT OF
THE NATIONAL ASSEMBLY
Nguyen Sinh Hung