Joint Circular No. 03/2016/TTLT-BCA-BQP guiding the entry, exit, residence of foreigners and the inspection, control, supervision of foreign cargo transport vehicles entering and exiting border economic zones and sea ports within economic zones.

JOINT CIRCULAR

Guidelines on entry, exit, residence of foreigners and
inspection, control, supervision of foreign cargo transport vehicles entering and
exiting border economic zones and seaports within economic zones

Pursuant to the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam dated June 16, 2014;

Pursuant to Decree No. 29/2008/NĐ-CP dated March 14, 2008 of the Government on industrial parks, export processing zones and economic zones, and Decree No. 164/2013/NĐ-CP dated November 12, 2013 of the Government amending and supplementing certain articles of Decree No. 29/2008/NĐ-CP dated March 14, 2008 of the Government on industrial parks, export processing zones and economic zones;

Pursuant to Decree No. 106/2014/NĐ-CP dated November 17, 2014, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

Pursuant to Decree No. 35/2013/NĐ-CP dated April 22, 2013 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of National Defense,

The Minister of Public Security and the Minister of National Defense issue this Joint Circular guiding entry, exit, residence of foreigners and inspection, control, supervision of foreign cargo transport vehicles entering and exiting border economic zones and seaports within economic zones as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides the inspection, control of entry, exit, management of residence of foreigners, issuance of visas, issuance of tour permits for foreigners at border economic zones; inspection, control, supervision of foreign cargo transport vehicles entering and exiting border economic zones and seaports within economic zones.

Article 2. Applicability

Article 1. This Circular applies to foreigners entering, exiting, residing in border economic zones; foreign cargo transport vehicles entering and exiting border economic zones and seaports within economic zones; relevant agencies, organizations, individuals.

Article 2. This Circular does not apply to foreigners entering border economic zones with visas issued by competent authorities of Vietnam or entering under the unilateral visa exemption policy of Vietnam; foreigners entering without visa according to international treaties to which Vietnam is a party.

Article 3. Conditions for entry, exit at border economic zones

Clause 1. Foreigners entering border economic zones must have one of the following documents:

a) A valid passport or other international travel document with at least six months remaining validity;

b) A valid border pass and other valid documents in accordance with the law and applicable international treaties between Vietnam and neighboring countries with at least 45 days remaining validity.

Clause 2. Foreigners must not be subject to the conditions "not allowed to enter," "temporary suspension of departure" stipulated in Articles 21 and 28 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam.

Article 4. Principles of entry, exit, residence at border economic zones

Clause 1. Foreigners entering border economic zones may temporarily reside for no more than 15 days.

Clause 2. Foreigners may temporarily reside at accommodation facilities in border economic zones except restricted areas where activities are suspended in land border regions or prohibited areas where activities are limited in sea border regions.

Clause 3. For Chinese citizens using ordinary electronic passports, specific guidelines shall be followed as directed by the Ministry of Public Security.

Clause 4. Foreigners entering a particular border economic zone shall be stamped with the seal of that border economic zone (in accordance with Model No. 01/KC attached to this Circular).

Clause 5. Foreigners using passports or other international travel documents as specified in this Circular who are temporarily residing in border economic zones and wish to travel to other regions of Vietnam for tourism purposes must be sponsored by a Vietnamese international travel agency to apply for a visa from the Exit and Entry Administration of the Ministry of Public Security.

Clause 6. Foreigners using border passes or other documents as specified in Clause 1 of Article 3 who wish to travel to other locations within the province containing the border economic zone must be sponsored by a Vietnamese international travel agency to apply for a tour permit from the Exit and Entry Administration of the Ministry of Public Security (in accordance with Model No. 03/GP attached to this Circular). Tourism visits to other provinces within Vietnam's interior will not be processed.

Chapter II

INSPECTION, CONTROL OF FOREIGNERS ENTERING AND EXITING ANDMANAGEMENT OF RESIDENCE AT BORDER ECONOMIC ZONES

AND SEAPORTS WITHIN ECONOMIC ZONES

Article 5. Inspection and control of foreigners entering at border economic zones

1. The border gate exit-entry control unit shall verify the validity and legality of passports and other documents specified in Clause 1, Article 3 of this Circular; compare photographs and ensure that they do not fall under the case of "not allowed to enter" as stipulated in Clause 2, Article 3 of this Circular, then process entry.

In cases where conditions specified in Clause 2, Article 3 of this Circular are not met, a record shall be made, entry shall not be processed, and requirements in the registration document for "not allowed to enter" (if any) shall be implemented.

2. The border gate exit-entry control unit shall stamp the entry verification seal, issue a temporary residence certificate valid for 15 days, and stamp "Border Economic Zone..." on the passport or international travel document or border pass; for Chinese citizens using ordinary electronic passports, specific guidelines of the Ministry of Public Security shall be followed.

Article 6. Inspection and control of foreigners exiting at border economic zones

1. The border gate exit-entry control unit shall verify the validity and legality of passports and other documents specified in Clause 1, Article 3 of this Circular; compare photographs and ensure that they do not fall under the case of "temporary suspension of departure" as stipulated in Clause 2, Article 3 of this Circular, then process departure.

In cases where conditions specified in Clause 2, Article 3 of this Circular are not met, a record shall be made, departure shall not be processed, and requirements in the registration document for "temporary suspension of departure" (if any) shall be implemented. For foreigners who have exceeded their temporary stay period, a record shall be made, administrative violations shall be handled, and departure shall be processed.

2. The border gate exit-entry control unit shall stamp the exit verification seal on the passport or international travel document or border pass; for Chinese citizens using ordinary electronic passports, specific guidelines of the Ministry of Public Security shall be followed.

Article 7. Temporary residence declaration by foreigners at border economic zones

1. Accommodation facilities in border economic zones shall be responsible for declaring the temporary residence of foreigners within 12 hours from the time the foreigners arrive at the accommodation facility.

2. Police stations, wards, towns in border economic zones, border economic zone police posts shall receive temporary residence declarations of foreigners from accommodation facilities and transfer them to the border economic zone immigration management station on the same day. The border economic zone immigration management station shall immediately transmit data on foreigners temporarily residing in border economic zones to the provincial immigration management department and notify the border guard post where the accommodation facility is located. The provincial immigration management department shall communicate the temporary residence information back to the National Immigration Management Department.

Article 8. Entry and transfer of entry and exit information of foreigners at border economic zones

1. The border gate exit-entry control unit shall collect entry and exit information of foreigners and transfer it to the Border Gate Administration Bureau (under the Border Guard Command).

2. After receiving entry and exit information from the border gate exit-entry control unit, the Border Gate Administration Bureau (under the Border Guard Command) shall transfer it to the Border Gate Security Bureau (under the Security General Department) to serve management and national statistics on entry and exit.

Chapter III

PROCEDURE AND REQUIREMENTS FOR ISSUING VISAS AND TOURIST PERMITS FOR FOREIGNERS AT BORDER ECONOMIC ZONES

AT BORDER ECONOMIC ZONES

Article 9. Procedure for Issuing Visas for Foreign Nationals Traveling to Other Locations in Vietnam

Foreign nationals entering economic zones at border gates who wish to travel to other areas within Vietnam must go through international travel agencies in Vietnam to apply for visa issuance at the Exit-Entry Management Office of the provincial police force where the border economic zone is located.

1. Documents required for visa application include:

a) One Application Form NA5 issued together with Circular No. 04/2015/TT-BCA dated January 5, 2015 of the Ministry of Public Security regarding sample documents related to entry, exit, and residence of foreign nationals in Vietnam.

b) Passport or other international travel documents.

2. Visa issuance process:

a) After receiving the visa application documents, the Exit-Entry Management Office reports immediately to the Exit-Entry Management Department (via fax or electronic transmission) for visa issuance consideration.

b) Within one working day, the Exit-Entry Management Department reviews and responds to the Exit-Entry Management Office (via fax or electronic transmission) for visa issuance. For Chinese citizens using ordinary electronic passports, the procedures shall be carried out according to specific guidelines from the Ministry of Public Security.

Article 10. Procedure for Issuing Tourist Permits for Foreign Nationals Entering by Border Passports and Other Documents Specified in Clause 1, Article 3 of this Circular to Other Locations in the Province Containing Economic Zones at Border Gates

1. Chinese and Cambodian citizens entering by border passes or other documents specified in Point b, Clause 1, Article 3 of this Circular wishing to travel to other locations within the province containing economic zones at border gates must go through international travel agencies in Vietnam to apply for tourist permit issuance at the Exit-Entry Management Station at the border economic zone. The validity period of the tourist permit to other locations within the province shall correspond to the tour program organized by the international travel agency but shall not exceed 15 days and shall not be extended.

a) Documents required for tourist permit application include:

- A request letter for tourist permit issuance following Model No. 02/CV issued together with this Circular.

- Border pass and other documents specified in Point b, Clause 1, Article 3 of this Circular.

b) Permit issuance process:

- After receiving the request letter, the Exit-Entry Management Station reports immediately to the Exit-Entry Management Office (via fax or electronic transmission) for permit issuance consideration.

- Within one working day, the Exit-Entry Management Office reviews and responds to allow the Exit-Entry Management Station to issue the tourist permit. Fees for issuing tourist permits to other locations within the province shall be collected in accordance with laws on fees and charges.

2. Laotian citizens entering Vietnam using border passes shall follow the guidelines set forth in Circular No. 41/2011/TT-BCA dated June 29, 2011 of the Ministry of Public Security on issuing border passes for Vietnamese citizens traveling to Laos and permits for Laotian citizens to enter provinces and cities in Vietnam.

Chapter IV

INSPECTION, CONTROL, AND SUPERVISION OF PERSONS OPERATING

FOREIGN VEHICLES AND CARGO TRANSPORTATION VESSELS

ENTERING AND LEAVING ECONOMIC ZONES AT BORDER GATES AND SEAPORTS

BELONGING TO ECONOMIC ZONES

Article 11. Inspection, control, and supervision of foreign cargo transport vehicle drivers and vehicles at border economic zones

1. Foreign cargo transport vehicles and their drivers passing through land border gates upon entry and exit must have the following documents:

a) For vehicles:

- Vehicle registration certificate;

- Documents related to cargo procedures (for cargo-carrying vehicles);

- Civil liability insurance certificate for the vehicle owner;

- International transit permit; - Passenger and cargo transportation permit (if applicable);

- Certificate of technical safety and environmental protection.

- Other documents as prescribed by Vietnamese laws or international treaties to which Vietnam is a party.

b) For vehicle drivers:

- Passport or international travel document or border pass.

- Vehicle driving permit.

c) Drivers mentioned in Point b Clause 1 of this Article are exempt from visa requirements upon entry. The border gate immigration control unit shall check and verify if they meet the conditions stipulated in Article 3 of this Circular, then process entry and issue a temporary residence certificate appropriate to the purpose of entry. Entry processing shall be carried out according to Article 5, and exit processing according to Article 6 of this Circular.

2. Foreign inland waterway cargo transport vehicles of countries sharing borders with Vietnam entering to deliver or receive goods at ports within border economic zones shall follow border area entry and exit procedures. When handling procedures, the following documents must be submitted and presented:

a) Documents to be submitted (one original copy):

- General declaration form;

- Crew list;

- Passenger list (if applicable);

- Declaration form for dangerous goods, weapons, and explosives (if applicable);

- Declaration form for persons hiding on board (if applicable).

b) Documents to be presented (one original copy):

- Certificate of vessel registration or vessel registration book;

- Radio frequency usage permit and radio transmitter equipment permit;

- Technical safety certificate;

- Documents related to transported goods;

- Passport or seaman's passport or seaman's book or border pass issued by the competent authority of the country of which the person is a citizen.

3. In cases where vehicles specified in Clauses 1 and 2 of this Article need to transport or deliver goods at locations outside the border economic zone, current regulations shall apply.

4. Inspection, control, and supervision of foreign cargo transport personnel and vehicles entering and exiting border economic zones from domestic areas shall be carried out in accordance with Decree No. 34/2014/ND-CP dated April 29, 2014 of the Government on the Regulations of the Land Border Area of the Socialist Republic of Vietnam and Decree No. 50/2008/ND-CP dated April 21, 2008 of the Government on management and security maintenance at sea port gates.

Chapter V

RESPONSIBILITIES OF FUNCTIONAL AUTHORITIES IN INSPECTION, CONTROL, AND SUPERVISION OF FOREIGN CARGO TRANSPORT PERSONNEL AND VEHICLES ENTERING AND EXITING BORDER ECONOMIC ZONES AND SEAPORTS WITHIN BOUNDARY ECONOMIC ZONES

INSPECTION AND SUPERVISION OF FOREIGN GOODS CARRIER PERSONNEL AND MEANS OF TRANSPORT ENTERING AND LEAVING THE GATEWAY ECONOMIC ZONE AND PORTS WITHIN THE ECONOMIC ZONE

INTO AND OUT OF THE GATEWAY ECONOMIC ZONE AND PORTS LOCATED WITHIN THE ECONOMIC ZONE

Article 12. Responsibilities of functional agencies under the Ministry of Public Security

1. General Department of Security (Border Gate Security Bureau)

a) Coordinate with the Border Guard Command (Border Gate Bureau) to guide border guard forces in provinces with border economic zones to implement inspection and control of entry and exit for individuals and vehicles, and handle violations by foreigners regarding entry and exit at border gates;

b) Guide public security forces in provinces with border economic zones to cooperate with border guard forces in provinces to handle violations by foreigners regarding entry and exit laws when such violations exceed the jurisdictional authority of the border guards.

2. General Department of Security (Immigration Management Bureau)

a) Announce sample passports, international travel documents, border passes, and other valid documents as prescribed by law consistent with international treaties between Vietnam and neighboring countries;

b) Examine and issue visas to respond to requests from provincial public security forces with border economic zones to issue visas to foreigners based on proposals from international tour operators;

c) Guide public security forces in provinces to issue visas and permits to visit other locations within the province, and handle violations by foreigners regarding entry, exit, and residence in border economic zones.

3. Public Security Province where there is a border economic zone:

a) Issue visas to foreigners who wish to travel to other regions of Vietnam; issue permits to visit other locations within the province with a border economic zone;

b) Organize temporary residence management, inspect, and handle violations of entry and exit laws by foreigners in border economic zones;

c) Advise and propose the establishment of an Immigration Management Station in the border economic zone.

4. Public Security Province or city directly under the Central Government shall be responsible for managing residence, inspecting, and handling violations by foreigners regarding entry and exit laws.

Article 13. Responsibilities of functional agencies under the Ministry of National Defense

1. Border Guard Command (Border Gate Department)

a) Directing and guiding border guard forces of provinces with border economic zones to organize, deploy, and utilize personnel and means to carry out entry and exit inspections, supervision of foreign individuals and foreign transport vehicles entering and exiting activities within border economic zones and sea ports within such zones. Taking the lead and coordinating with the Security General Department (Border Gate Security Department and Exit-Entry Management Department) to guide the implementation of entry and exit inspections, supervision, and foreign vehicles and goods entering and exiting border economic zones and sea ports within such zones; handling violations by foreign individuals concerning entry and exit and residence at border gates.

b) Directing daily exit-entry control units to transfer data on foreign individuals entering and exiting and data on handling violations of entry and exit laws by foreign individuals at border gates to the Border Gate Department of the Border Guard Command for transfer to the Border Gate Security Department of the Security General Department.

2. Provincial Border Guard Commands with border economic zones shall be responsible for directing exit-entry control units:

a) To carry out inspections and controls of foreign individuals and foreign cargo transport vehicles entering and exiting at border gates;

b) Managing and supervising foreign vessels, ships, and crew members operating during anchorage periods at sea ports within border economic zones in accordance with the law;

c) Handling violations of entry and exit laws by foreign individuals at border gates.

ChapterVI

IMPLEMENTING PROVISIONS

Article 14. Effective Date

This Circular shall take effect forty-five days from the date of signature.

Article 15. Implementation Organization

1. The Security General Department (Ministry of Public Security) and the Border Guard Command (Ministry of National Defense) shall be responsible for directing and inspecting the implementation of this Circular according to their functions, tasks, and authorities.

2. The Border Gate Security Department and the Exit-Entry Management Department (Security General Department), the Border Gate Department (Border Guard Command), the Directors of Public Security, and the Commanders of Border Guard Forces of centrally governed cities shall be responsible for implementing this Circular.

During the implementation process, if there are difficulties, provincial-level Public Security and Border Guard Forces shall report to the Security General Department (Border Gate Security Department) or the Border Guard Command (Border Gate Department) for timely guidance./.