Joint Circular No. 04/2002/TTLT/BCA-BNG guiding the implementation of Decree No. 21/2001/NĐ-CP dated May 28, 2001 of the Government detailing the implementation of the Ordinance on Entry into, Exit from, and Temporary Stay of Foreigners in Vietnam.

JOINT CIRCULAR

Guidelines for Implementing Decree No. 21/2001/NĐ-CP dated May 28, 2001 of the Government

detailing the implementation of the Ordinance on Entry into, Exit from, and Residence of Foreigners in Vietnam

of Foreigners in Vietnam

Implementing Decree No. 21/2001/NĐ-CP dated May 28, 2001 of the Government detailing the implementation of the Ordinance on Entry into, Exit from, and Residence of Foreigners in Vietnam (hereinafter referred to as the Decree), the Ministry of Public Security and the Ministry of Foreign Affairs provide guidance as follows:

I. INVITATION, WELCOMING, AND GUARANTEE OF FOREIGNERS ENTERING VIETNAM

1. For foreigners who must go through procedures at the Ministry of Foreign Affairs.

a) Agencies and organizations entrusted with the main responsibility of welcoming foreign guests invited by the Central Committee of the Communist Party of Vietnam, the National Assembly, the State President, the Government, or equivalent guests of officials holding the rank of Minister, Deputy Minister, Chairman, or Vice-Chairman of Provincial People's Committees directly under the Central Government shall send a letter notifying the list and program of activities of the guests to the Consular Department of the Ministry of Foreign Affairs or the Department of Foreign Affairs of Ho Chi Minh City, simultaneously sending it to the Immigration Management Department of the Ministry of Public Security; if requesting issuance of visas at international border gates, then the letter should clearly state the border gate and the time of entry of the guests for the Immigration Management Department to implement.

The Consular Department or the Department of Foreign Affairs of Ho Chi Minh City will notify the Vietnamese diplomatic missions, consular offices, and other Vietnamese agencies abroad authorized to perform consular functions (hereinafter referred to as Vietnamese diplomatic missions) to issue visas for the guests (if they need visa issuance).

b) Diplomatic missions, consular offices, and other foreign agencies authorized to perform consular functions, representative offices of United Nations organizations, and intergovernmental international organizations located in Vietnam (hereinafter referred to as foreign diplomatic missions) that require changes in membership or invite foreigners to work with their mission shall send a note verbale to the Consular Department or the Department of Foreign Affairs of Ho Chi Minh City. The letter should clearly state: full name, date of birth, position, nationality, passport number, purpose of entry, duration of stay in Vietnam, place where the visa will be collected for the invited person.

The Consular Department or the Department of Foreign Affairs of Ho Chi Minh City will send a letter informing the Immigration Management Department about the changes in membership or invitations made by foreign diplomatic missions. Within two working days from the date of receipt of the notification letter, if the Immigration Management Department does not have any comments, then the Consular Department or the Department of Foreign Affairs of Ho Chi Minh City will notify the Vietnamese diplomatic missions to issue visas for the guests.

In cases where guests request visa issuance at international border gates, the Consular Department or the Department of Foreign Affairs of Ho Chi Minh City will send a letter requesting the Immigration Management Department to handle the matter. The Immigration Management Department will reply within two working days.

c) Members of foreign diplomatic missions who wish to invite guests for visits shall follow the procedures stipulated in point 1b of this Section.

d) Agencies and organizations that propose to notify Vietnamese diplomatic missions to issue visas for guests must pay the postal service fee according to the tariff schedule to the Consular Department or the Department of Foreign Affairs of Ho Chi Minh City.

2. For foreigners who must go through procedures at the Ministry of Public Security.

a) Agencies and organizations that need to invite foreigners into Vietnam but are not covered by the procedures at the Ministry of Foreign Affairs as specified in point 1 of this Section shall submit a letter of request to the Immigration Management Department; if requesting visa issuance at international border gates, then the letter should clearly state the border gate and the time of entry of the guests, and the reason for requesting visa issuance at the border gate.

Organizations specified in points d, đ, g, h of Clause 1, Article 4 of the Decree, before making invitation or guarantee procedures for foreigners entering the country, must submit a file proving their legal status to the Immigration Management Department. The file includes:

- Permit or decision of the competent authority regarding the establishment of the organization; registration documents of the organization's activities, confirmed by the People's Committee of the province or centrally-administered city where the organization is headquartered;

- Documents introducing the seal and signature of the authorized person of the organization.

The submission of the above file only needs to be done once. When there are changes in the contents of the file, the organization must notify the Immigration Management Department in writing to update the file.

b) Individuals wishing to invite foreigners for visits shall submit an application to the Immigration Management Department. The application must be certified as follows:

- If the inviter is a Vietnamese citizen or a foreigner permanently residing in Vietnam, the application must be certified by the People's Committee of the commune or ward where the inviter resides.

- If the inviter is a foreigner temporarily residing in Vietnam for six months or more, the application must be certified by the agency or organization where the inviter works or studies.

c) The Immigration Management Department will respond to agencies, organizations, or individuals within five working days from the date of receipt of the request letter or application. If it is found that the foreigner belongs to a category not allowed to enter Vietnam, this will be clearly stated in the response letter for the inviting or guaranteeing agency, organization, or individual to know.

d) Notifying Vietnamese diplomatic missions to issue visas for foreigners (except cases exempted from visa requirements or collecting visas at border gates) is carried out by the Immigration Management Department. Agencies, organizations, or individuals proposing to notify must pay the postal service fee according to the tariff schedule to the Immigration Management Department.

II. ISSUANCE, SUPPLEMENTATION, AND AMENDMENT OF VISAS AT VIETNAMESE DIPLOMATIC MISSIONS

1. Visa Issuance.

a) Foreigners applying for a visa shall submit an application form (as prescribed) along with their passport or other travel document (hereinafter collectively referred to as passport) to the Vietnamese diplomatic mission. The remaining validity period of the passport must be at least one month longer than the validity period of the visa being applied for.

If applying for a separate visa, the reason and purpose for applying for a separate visa must be clearly stated in the application form.

Overseas Vietnamese individuals who wish to visit relatives without a passport may follow the procedures set forth herein if they possess documents issued by foreign competent authorities with entry-exit validity, provided that such documents have been officially notified to Vietnam through diplomatic channels.

b) The Vietnamese representative office shall issue visas as follows:

- For those without an organization, entity, or individual in Vietnam inviting them, a single-entry visa valid for 15 days will be considered. The visa issuance process shall be completed within three working days from the date of receipt of the application and passport.

- For Vietnamese individuals holding foreign passports wishing to visit relatives, if there is evidence of their last entry into Vietnam more than 36 months prior to the current application, the Vietnamese representative office shall consider issuing a single-entry visa valid for no more than three months. The visa issuance process shall be completed within two working days from the date of receipt of the application and passport.

- For those who have received notification from the Exit-Entry Administration Bureau, Consular Department, or Ho Chi Minh City Department of Foreign Affairs regarding their entry permission, the Vietnamese representative office shall issue a visa according to the content of the notification within two working days from the date of receipt of the application and passport.

In cases where the Vietnamese representative office discovers violations of Vietnamese laws or activities detrimental to national security by visa applicants that have not yet been detected by domestic authorities, the head of the representative office must promptly communicate with the authority that issued the visa notification to review and decide.

c) For overseas Vietnamese individuals without a passport but possessing the documents mentioned in point 1a of this Section, if entry is approved, the Vietnamese representative office shall issue a separate visa.

2. Procedures for amending visas and transferring visas to new passports.

a) In cases where visa amendments are requested due to technical errors, the representative office shall resolve the matter on the same working day.

b) In cases where visa transfer requests are made from old passports to new ones, the Vietnamese representative office shall proceed as follows:

- If the visa was issued by the Vietnamese representative office, it shall compare the visa issuance file to resolve the matter.

- If the visa was issued by another Vietnamese authority, the representative office shall coordinate with that authority to resolve the matter.

The visa transfer process shall be completed within two working days. For approved cases, the Vietnamese representative office shall issue a new visa in the new passport with the same duration, number of entries, and code as the original visa.

c) In cases where visa type (number of entries), visa duration, or purpose of entry are requested to be amended, the procedures and processes shall be handled as for new entry visa applications as stipulated in Section I of this Circular.

Individuals requesting visa amendments shall submit one application form at the Vietnamese representative office as prescribed. For approved cases, the Vietnamese representative office shall issue a new visa consistent with the approved content.

III. ISSUANCE OF TEMPORARY RESIDENCE CERTIFICATES AT INTERNATIONAL BORDER GATES AND TEMPORARY RESIDENCE REPORTING

1. Issuance of temporary residence certificates.

The exit-entry management authority shall issue temporary residence certificates to foreigners at international border gates as follows:

a) For those holding visas, the temporary residence certificate shall be valid until the expiration date of the visa. If the visa's validity period upon entry is no more than 15 days, a temporary residence certificate valid for 15 days from the date of entry shall be issued.

b) For those exempted from visa requirements:

- For those exempted from visa requirements under international treaties to which Vietnam is a party, the temporary residence certificate shall be issued for the duration specified in the treaty. If the treaty does not specify a temporary residence period, a 90-day temporary residence certificate shall be issued.

- For ASEAN Secretariat officials, a 30-day temporary residence certificate shall be issued.

c) For foreigners holding valid temporary or permanent residence cards, no temporary residence certificate shall be issued.

2. Temporary residence reporting.

a) The procedures for foreigners to report temporary residence to the exit-entry management authority include:

- Presenting the passport, entry-exit declaration form, temporary residence certificate, and visa (if required).

- Filling out the temporary residence reporting form according to the model issued by the Director of the Exit-Entry Administration Bureau.

b) Foreigners staying overnight at hotels, guesthouses, hostels, or dedicated accommodation areas for foreigners (hereinafter referred to as accommodation facilities with foreign temporary residents) shall report their temporary residence through the facility owner. The owner of accommodation facilities with foreign temporary residents has the responsibility to:

- Guide foreigners to complete the temporary residence reporting procedures as stated in point 2a above.

- Compile a list of foreigners who have reported temporary residence and submit it to the local police station. For accommodation facilities with foreign temporary residents that are connected to the Exit-Entry Management Office via computer networks, the information on temporary residence reporting by foreigners shall be immediately transmitted to the Exit-Entry Management Office, and the number of foreign temporary residents shall be informed to the local police station.

The model of the list of foreigners who have reported temporary residence is issued by the Director of the Exit-Entry Administration Bureau.

- Retain the temporary residence reporting form and the list of foreigners who have reported temporary residence at their facility for presentation to the exit-entry management authority when required. The retention period for the temporary residence reporting form and the list of foreigners who have reported temporary residence shall be at least six months.

c) Foreigners staying overnight at relatives' homes must directly or through the homeowner report their temporary residence to the local police station.

d) The provisions in point 2 of this Section do not apply to overnight stays at foreign diplomatic mission premises or private residences of diplomatic mission members.

IV. ISSUANCE, EXTENSION, SUPPLEMENTATION, AND AMENDMENT OF DOCUMENTS FOR FOREIGNERS TEMPORARILY STAYING IN VIETNAM

1. For foreigners who must go through procedures at the Ministry of Foreign Affairs.

a) Foreigners who are guests of the Central Party Committee, National Assembly, State President, Government; guests of equivalent rank to those with the title of Minister, Deputy Minister, Chairman, Vice-Chairman of the People's Committee of provinces and centrally governed cities; members of foreign representative offices and their relatives and accompanying staff; guests coming to work with foreign representative offices or visiting members of such offices and requesting issuance, supplementation, amendment of visas, issuance, extension of temporary residence certificates shall be handled by the receiving agency as follows:

- If the guest requests issuance or extension of a temporary residence certificate, they shall submit a request letter to the Protocol Department of the Ministry of Foreign Affairs or the Ho Chi Minh City Department of Foreign Affairs or other agencies authorized by the Ministry of Foreign Affairs.

- If the guest requests issuance, supplementation, or amendment of a visa, they shall submit a request letter to the Consular Department or the Ho Chi Minh City Department of Foreign Affairs.

The examination and resolution of the above requests shall be completed within five working days.

b) Members of foreign representative offices and their relatives and accompanying staff shall be issued temporary residence cards by the Protocol Department, Ho Chi Minh City Department of Foreign Affairs or other agencies authorized by the Ministry of Foreign Affairs. The foreign representative office shall send a diplomatic note requesting issuance of a temporary residence card to one of the aforementioned agencies along with the application form containing a photograph of the person requesting the card.

After issuing the temporary residence card, the issuing agency shall prepare a list with detailed information on the relatives accompanied by photographs of the cardholder and submit it to the Immigration Management Department within five working days.

c) In the case where a foreigner currently residing temporarily in Vietnam requests to change the purpose of their temporary stay to work as a member of a foreign representative office, the foreign representative office shall send a diplomatic note along with the application and passport of that person to the Protocol Department, Ho Chi Minh City Department of Foreign Affairs or other agencies authorized by the Ministry of Foreign Affairs. The diplomatic note must clearly state: full name, date of birth, nationality, passport number, occupation, address, and purpose of the temporary stay for the person requesting the change of purpose.

The Protocol Department, Ho Chi Minh City Department of Foreign Affairs or other agencies authorized by the Ministry of Foreign Affairs shall exchange letters with the Immigration Management Department to reach a consensus on how to handle the matter. For those approved to change the purpose, the Protocol Department, Ho Chi Minh City Department of Foreign Affairs or other agencies authorized by the Ministry of Foreign Affairs shall issue a temporary residence card appropriate to the changed purpose.

2. For foreigners who must go through procedures at the Ministry of Public Security.

a) Foreigners requesting issuance or extension of a temporary residence certificate, issuance, supplementation, or amendment of a visa must go through the inviting organization, entity, or individual to process the procedures with the immigration management agency. The inviting organization, entity, or individual shall submit a request letter along with the guest's passport to the Immigration Management Department or the Exit-Entry Management Office.

In the case where a foreigner requests issuance or extension of a temporary residence certificate to resolve personal matters, they may directly submit the application to the Immigration Management Department or the Exit-Entry Management Office.

b) Foreigners requesting to change the purpose of their temporary stay in Vietnam must go through the guarantor organization, entity, or individual to process the procedures with the immigration management agency. The guarantor organization, entity, or individual shall submit a request letter along with the guest's passport to the Immigration Management Department or the Exit-Entry Management Office.

The examination and resolution of the above requests shall be completed within five working days. For foreigners approved to change the purpose of their temporary stay, the Immigration Management Department or the Exit-Entry Management Office shall issue a temporary residence certificate appropriate to the changed purpose.

c) In the case where a foreigner currently residing temporarily in Vietnam requests to change the purpose of their stay to work for a foreign representative office (excluding the position of a member of the representative office), the foreign representative office shall send a diplomatic note along with the guest's passport to the Immigration Management Department, stating: full name, date of birth, nationality, passport number of the guest, purpose, and current address of temporary residence in Vietnam, and reasons for requesting the change of purpose.

The Immigration Management Department shall send a letter to the Protocol Department or the Ho Chi Minh City Department of Foreign Affairs to coordinate the resolution. For foreigners approved to change the purpose of their temporary stay, the Immigration Management Department shall issue a temporary residence certificate appropriate to the changed purpose.

d) Stateless persons, if granted a temporary residence card, may use this card for entry and exit from Vietnam.

V. SYMBOLS OF VISAS AND TEMPORARY RESIDENCE CARDS

1. Visas have the following symbols:

A1: Issued to official members of guest delegations of the Central Party Committee, National Assembly, State President, Government, and guests of equivalent rank to those with the title of Minister, Deputy Minister, Chairman, Vice-Chairman of the People's Committee of provinces and centrally governed cities and their relatives and accompanying staff.

A2: Issued to members of foreign representative offices and their relatives and accompanying staff.

A3: Issued to persons coming to work with foreign representative offices or visiting members of such offices.

B1: Issued to persons coming to work with the Supreme People's Procuratorate, Supreme People's Court, Ministries, agencies at the ministerial level, government agencies, People's Committees of provinces and centrally governed cities, and central agencies of people's organizations and mass organizations.

B2: Issued to persons coming to implement investment projects already licensed by competent Vietnamese authorities.

B3: Issued to persons coming to work with Vietnamese enterprises.

B4: Issued to persons coming to work at representative offices, branches of economic, cultural organizations, and other specialized organizations of foreign countries; non-governmental organizations headquartered in Vietnam.

C1: Issued to persons coming to Vietnam for tourism.

C2: Issued to persons coming to Vietnam for other purposes.

D: Issued to persons coming to Vietnam without an inviting organization, entity, or individual.

Visas with the symbol A1 have a validity of 15 days; visas with other symbols have a validity of 30 days or more.

2. Temporary residence cards have the following symbols:

A: Issued to members of foreign representative offices and their relatives and accompanying staff.

B1: Issue to foreigners working with the Supreme People's Procuratorate, the Supreme People's Court, Ministries, agencies at the level of ministries, government agencies, Provincial People's Committees, and central agencies of mass organizations and social groups.

B2: Issue to foreigners working at investment projects that have been granted permits by competent state authorities in Vietnam.

B3: Issue to foreigners working with Vietnamese enterprises.

B4: Issue to foreigners who are part of the staff of representative offices, branches of foreign economic, cultural organizations, and other specialized organizations; non-governmental organizations headquartered in Vietnam.

C: Issue to foreigners residing temporarily in Vietnam for other purposes.

VI. PROCEDURES FOR FOREIGNERS TO APPLY FOR PERMANENT RESIDENCE

1. Foreigners falling under Clause 1, Article 13 of the Decree applying for permanent residence in Vietnam must submit their application to the Immigration Department. The application includes:

- 2 applications for permanent residence according to the form issued by the Director of the Immigration Department, accompanied by 4 photographs;

- 2 copies of personal history statements;

- 2 copies of passport pages;

- Relevant documents and materials (if any):

Within one month from the date of receiving the application, the Ministry of Public Security shall report to the Prime Minister for consideration and decision.

The Immigration Department shall notify the applicant in writing of the Prime Minister’s decision; if approved by the Prime Minister, it shall notify the provincial or municipal police department where the applicant applies for permanent residence to direct the Exit and Entry Management Office to issue the permanent residence card.

2. Foreigners falling under Clause 2, Article 13 of the Decree applying for permanent residence in Vietnam must submit their application to the Immigration Department or the Exit and Entry Management Office where they apply for permanent residence. The application includes:

- 2 applications for permanent residence according to the form issued by the Director of the Immigration Department, accompanied by 4 photographs;

- 2 certified criminal records by the competent authority of the country of which the applicant is a citizen or the country where the applicant has habitual residence;

- A letter from the competent authority of the country of which the applicant is a citizen requesting permission for the applicant to reside permanently in Vietnam;

- Documents proving that the applicant is the spouse, child, parent of a Vietnamese citizen residing in Vietnam;

- 2 copies of passport pages;

- Relevant documents and materials (if any).

All documents mentioned herein (except the application for permanent residence, diplomatic note, and passport) must be translated into Vietnamese and notarized or legalized as prescribed.

Within six months from the date of receiving the application, the Immigration Department shall coordinate with relevant agencies to conduct verification and investigation and report to the Minister of Public Security for consideration and decision. In cases requiring additional verification, the time may be extended but not more than three months.

The Immigration Department shall notify the applicant in writing of the Minister of Public Security’s decision; if approved by the Minister of Public Security, it shall notify the provincial or municipal police department where the applicant applies for permanent residence to direct the Exit and Entry Management Office to issue the permanent residence card.

VII. ISSUANCE OF PERMANENT RESIDENCE CARDS

1. The provincial or municipal police department (Exit and Entry Management Office) shall issue the permanent residence card within five working days from the date of receipt of the notification from the Immigration Department.

Each individual, including those under 14 years old, shall be issued a separate permanent residence card. The format of the permanent residence card is issued by the Director of the Immigration Department.

Within two months from the date of receipt of the notification from the Immigration Department, foreigners approved for permanent residence in Vietnam must go to the Exit and Entry Management Office where they reside to collect the permanent residence card. If the approved person does not collect the card within this period without a valid reason, the permanent residence card will automatically become invalid.

2. Foreigners who have been issued a certificate of permanent residence by the immigration management agency before the issuance of this Circular must go to the Exit and Entry Management Office where they reside to exchange the permanent residence card within six months from the date of issuance of the Circular.

3. Every three years, the holder of a permanent residence card must present the card to the issuing agency to obtain a new card. Failure to comply with this requirement may result in the revocation of the permanent residence card.

4. In case of a need to change information recorded on the permanent residence card, the holder must submit an application to the Exit and Entry Management Office where they reside.

Within five working days from the date of receipt of the application, the provincial or municipal police department (Exit and Entry Management Office) shall report to the Immigration Department for consideration and decision. Within five working days from the date of receipt of the report, the Immigration Department shall provide a written response. For cases approved for changes in the information recorded on the permanent residence card, the provincial or municipal police department (Exit and Entry Management Office) shall issue a new card within no more than five working days.

Stateless persons who are issued a permanent residence card may use it for entry and exit from Vietnam.

VIII. IMPLEMENTATION

1. The Immigration Department shall be responsible for:

- Guiding agencies, organizations, and individuals inviting, welcoming, and sponsoring foreigners entering Vietnam and guiding foreigners to implement this Circular.

- Issuing guidelines for border control forces at international checkpoints and provincial or municipal police departments to organize the implementation of state management over entry, exit, and residence of foreigners in Vietnam; issuing procedures and forms for handling entry, exit, and residence of foreigners who process their procedures at the Ministry of Public Security.

- Promptly informing the competent authority of the Ministry of Foreign Affairs about national security issues related to and violations of Vietnamese laws regarding entry, exit, and residence of foreigners enjoying diplomatic and consular privileges and immunities for diplomatic and consular processing.

- Managing and providing white visa stamps to the Consular Department in accordance with the pre-planned schedule.

2. The Director of the Provincial Police, directly under the Central Government, based on the characteristics of the locality, shall specify the detailed procedures for transferring the temporary residence lists of foreigners from the police stations to the Exit and Entry Department through the fastest means possible.

3. The Consular Department shall be responsible for:

- Guiding Vietnamese representative offices, foreign representative offices, and related agencies in implementing this Circular.

- Issuing procedures and forms for handling entry, exit, and residence of foreigners in Vietnam that require processing at the Ministry of Foreign Affairs.

- Regularly reporting quarterly to the Exit and Entry Management Department on the situation of entry, exit, and residence of foreigners requiring processing at the Ministry of Foreign Affairs for consolidation and reporting to the Government.

4. The Director of the Exit and Entry Management Department shall take the lead and coordinate with the Director of the Consular Department to unify the issuance of the following types of forms:

a) Application form for visa;

b) Visa form;

c) Temporary residence card form.

5. Based on their functions and responsibilities, the Ministry of Public Security and the Ministry of Foreign Affairs shall guide subordinate agencies and units in implementing this Circular.

6. This Circular shall take effect fifteen days after the date of signature. All previous joint regulations and guidelines issued by the Ministry of Public Security and the Ministry of Foreign Affairs that conflict with this Circular are hereby abolished./.