Circular No. 04/2016/TT-BNG guiding procedures for issuing visas, temporary residence cards, and extending temporary residence permits for foreigners in Vietnam under the jurisdiction of the Ministry of Foreign Affairs.

CIRCULAR

GUIDELINES ON PROCEDURES FOR ISSUING VISAS, EXTENDING TEMPORARY STAYS, AND ISSUING RESIDENCE PERMITS FOR FOREIGNERS IN VIETNAM WITHIN THE AUTHORITY OF THE MINISTRY OF FOREIGN AFFAIRS

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

Pursuant to the Law on Legislative Acts dated June 3, 2008;

Pursuant to Decree No. 58/2013/NĐ-CP dated June 11, 2013, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Foreign Affairs;

Pursuant to Decree No. 64/2015/NĐ-CP dated August 6, 2015 of the Government stipulating mechanisms for coordination among Ministries, ministerial-level agencies, provincial People's Committees, and centrally governed municipalities in managing entry, exit, transit, and residence of foreigners in Vietnam;to coordinate among Ministries, ministerial-level agencies, provincial People's Committees under the central government in the management of entry, exit, transit, and residence of foreigners in Vietnam;

The Minister of Foreign Affairs hereby issues this Circular on procedures for issuing visas, extending temporary stays, and issuing residence permits for foreigners in Vietnam within the authority of the Ministry of Foreign Affairs.This Circular provides guidance on certain aspects of issuing visas, extending temporary stays, and issuing residence permits for foreigners in Vietnam within the authority of the Ministry of Foreign Affairs as prescribed in Clause 1, Clause 2, Clause 3, and Clause 4 of Article 8 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam (hereinafter referred to as the Law on Entry and Exit).

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. The Consular Department of the Ministry of Foreign Affairs (hereinafter referred to as the Consular Department) receives and processes applications/notifications for issuing visas and extending temporary stays for foreigners as prescribed in Clause 1, Clause 2, Clause 3, and Clause 4 of Article 8 of the Law on Entry and Exit.

Article 2. Applicability

This Circular applies to foreigners within the management authority of the Ministry of Foreign Affairs entering and residing in Vietnam and relevant agencies, organizations, and individuals.

Chapter II

AUTHORITY AND PROCEDURES FOR ISSUING VISAS, EXTENDING TEMPORARY RESIDENCE PERMITS, AND ISSUING RESIDENCE CARDS

Article 3. Authority of relevant agencies in issuing visas, extending temporary residence permits, and issuing residence cards

2. The State Guest Reception Department of the Ministry of Foreign Affairs (hereinafter referred to as the State Guest Reception Department) receives and processes applications for issuing residence permits for foreigners as prescribed in Clause 3 of Article 8 of the Law on Entry and Exit (excluding members of foreign diplomatic missions in Ho Chi Minh City and their spouses, children under 18 years old, and accompanying staff during their term of service).

b) Receives and processes applications for issuing residence permits for members of foreign diplomatic missions in Ho Chi Minh City and their spouses, children under 18 years old, and accompanying staff during their term of service.

a) Receives applications/notifications for issuing visas as prescribed in Clause 2 of Article 4 of this Circular, passports or other travel documents (hereinafter referred to as passports), visa application forms (according to Form NA1 issued together with Circular No. 04/2015/TT-BCA dated January 5, 2015 of the Ministry of Public Security stipulating models of documents related to entry, exit, and residence of foreigners in Vietnam - hereinafter referred to as Circular No. 04/2015/TT-BCA) of foreigners as prescribed in Clause 1, Clause 2, Clause 3, and Clause 4 of Article 8 of the Law on Entry and Exit to transfer information to the Consular Department or the Department of Foreign Affairs of Ho Chi Minh City for processing according to their respective authorities.

4. Overseas representative offices of Vietnam:

b) Issues visas for foreigners as prescribed in Clause 1, Clause 2, Clause 3, and Clause 4 of Article 8 of the Law on Entry and Exit based on notifications from the Consular Department or the Department of Foreign Affairs of Ho Chi Minh City.

1. Organizations or entities inviting or sponsoring foreigners to enter Vietnam as prescribed in Clause 2 and Clause 3 of Article 15 of the Law on Entry and Exit shall directly submit applications/notifications for issuing visas to the Consular Department or the Department of Foreign Affairs of Ho Chi Minh City.

Article 4. Procedures for Processing Applications/Notifications for Visa Issuance

The Ministry of Foreign Affairs (or another agency as prescribed by the sending country) of the country having foreigners as prescribed in Clause 1, Clause 2, Clause 3, and Clause 4 of Article 8 of the Law on Entry and Exit may send applications for issuing visas, along with passports and visa application forms (according to Form NA1 issued together with Circular No. 04/2015/TT-BCA) of relevant foreigners to the Vietnamese representative offices in the home country or the country where they are stationed.

Vietnamese representative offices abroad shall transmit information to the Consular Department or the Department of Foreign Affairs of Ho Chi Minh City within one working day from the date of receipt of all required documents to process applications/notifications for issuing visas according to their respective authorities.

a) A document or letter notifying/applying for issuance of a visa, specifying: full name, date of birth, nationality, gender, passport number and code, issue date and expiration date of the passport, occupation, position, purpose of entry, duration of the visa, type of visa, and

2. Documents for notifications/applications for visa issuance include:

b) In cases where the foreigner is visiting a member of a foreign diplomatic mission in Vietnam, in addition to the documents specified in Point a of Clause 2 of this Article, a copy of the identification card of the relevant member of the diplomatic mission must be provided.

c) In cases where the foreigner is a contractual employee working at a foreign diplomatic mission in Vietnam, in addition to the documents specified in Point a of Clause 2 of this Article, a valid copy of the employment contract must be provided.

d) In cases where the foreigner is part of the increased staffing of a foreign diplomatic mission in Vietnam, in addition to the documents specified in Point a of Clause 2 of this Article, a letter from the Ministry of Foreign Affairs of the sending country notifying about the increase in staffing must be provided.

a) The Consular Department or the Department of Foreign Affairs of Ho Chi Minh City shall notify the Immigration Management Department of the Ministry of Public Security (hereinafter referred to as the Immigration Management Department) and Vietnamese representative offices abroad about the issuance of visas for foreigners as prescribed in Clause 1 and Clause 2 of Article 8 of the Law on Entry and Exit within one working day from the date of receiving complete and valid applications.

3. Processing notifications/applications for visa issuance:

b) The Consular Department shall send a written request to the Immigration Management Department, the State Guest Reception Department, and related units within one working day from the date of receiving complete and valid applications for issuing visas for foreigners as prescribed in Clause 3 of Article 8 of the Law on Entry and Exit. After receiving responses from the State Guest Reception Department and related units, and upon confirmation that the Immigration Management Department has no objections, the Consular Department shall respond to the requesting organizations and notify Vietnamese representative offices abroad about the issuance of the visa for the foreigner.

The Consular Bureau or the Department of Foreign Affairs of Ho Chi Minh City shall notify in writing the Immigration Management General Department of the Ministry of Public Security within one working day from the date of receiving valid applications for visa issuance for foreigners as specified in Clause 4, Article 8 of the Law on Entry and Exit.

The Consular Department or the Ho Chi Minh City Foreign Affairs Office shall respond to agencies or organizations requesting visa issuance and simultaneously notify the Vietnamese representative office abroad about the issuance of visas for foreigners within two working days from the date of notification to the Exit and Entry Administration if this agency does not provide any comments.

d) The notification from the Consular Department or the Ho Chi Minh City Foreign Affairs Office to the Vietnamese representative office abroad regarding the issuance of visas for foreigners shall include the following information: full name, date of birth, nationality, gender, passport number and code, issue date and expiration date of the passport, occupation, position, purpose of entry, validity period of the visa, type of visa, place where the foreigner receives the visa, and other relevant information (if necessary).

4. Implementation of Visa Issuance:

a) The Vietnamese representative office abroad shall issue visas for foreigners within one working day from the date of receipt of the notification as stipulated in Point d Clause 3 of this Article, passports, and the application form for visa issuance (in accordance with Form NA1 issued together with Circular 04/2015/TT-BCA) of the foreigners.

b) In cases where foreigners are approved for visa issuance at border gates, the agency receiving the application forms as stipulated in Clause 1 of this Article shall notify the agencies or organizations requesting visa issuance about the approval for foreigners to receive their visas at border gates.

5. The Minister of Foreign Affairs shall decide or authorize the Consular Department Director to decide on the reciprocal application of deadlines and components of visa issuance applications in accordance with the Law on Exit and Entry.

Article 5. Procedures for Processing Requests to Extend Temporary Stay

1. Foreigners who have been issued visas marked NG1, NG2, and NG4, after entering Vietnam, if they need to extend their temporary stay, must go through the agencies or organizations that invited or guaranteed them to enter Vietnam to submit an extension application to the Consular Department or the Ho Chi Minh City Foreign Affairs Office.

2. Documents for Notification/Application for Extension of Temporary Stay:

a) A document or diplomatic note notifying or requesting an extension of temporary stay, clearly stating: full name, date of birth, nationality, gender, passport number and code, issue date and expiration date of the passport, occupation, position, purpose of entry, requested extension period of temporary stay, and the need for a new visa (if applicable) of the foreigner.

b) The foreign national's passport valid for more than 30 days beyond the requested temporary stay extension period.

c) The application form for visa issuance and extension of temporary stay (in accordance with Form NA5 issued together with Circular 04/2015/TT-BCA), confirmed and stamped by the agency or organization inviting or guaranteeing the foreigner.

e) For foreign nationals who are contractual employees working at foreign diplomatic missions in Vietnam, attach a copy of a valid labor contract.

3. Processing Requests for Extension of Temporary Stay:

a) Within five working days from the date of receiving complete and valid documents as stipulated in Clause 2 of this Article, the Consular Department or the Ho Chi Minh City Foreign Affairs Office shall consider extending the temporary stay and issuing a new visa (if necessary) for the foreigner.

b) The extended temporary stay period and the validity period of the new visa (if issued) shall be consistent with the purpose of entry and the request of the inviting or guaranteeing agency or organization, and shall not exceed twelve months, being shorter than the passport validity period of the foreigner by at least thirty days.

5. The Consular Department Director shall decide on the extension of temporary stay and issuance of a new visa (if necessary) for foreigners who have entered Vietnam with a SQ visa under the provisions of Clauses 1, 2, 3, and 4 of Article 8 of the Law on Exit and Entry.

6. The Minister of Foreign Affairs shall decide or authorize the Consular Department Director to decide on the reciprocal application for extending the temporary stay of foreigners in accordance with the Law on Exit and Entry.

Article 6. Procedures for Issuing Temporary Residence Cards

1. Agencies inviting or guaranteeing foreigners as stipulated in Clause 3 of Article 8 of the Law on Exit and Entry shall submit the application for residence card issuance to the competent authority as stipulated in Article 3 of this Circular.

2. Documents required for application for issuance of a temporary residence card include:

a) A diplomatic note requesting the issuance of a residence card from the foreign representative office in Vietnam, clearly stating the following information: full name, date of birth, nationality, gender, passport number and code, occupation, and position of the person requesting the residence card (refer to Form NA6 issued together with Circular 04/2015/TT-BCA);

In cases of replacing or adding new staff members of the foreign representative office in Vietnam, the diplomatic note requesting the issuance of a residence card must clearly state the full name and position of the person being replaced or added;

b) The application form for the issuance of a residence card (in accordance with Form NA8 issued together with Circular 04/2015/TT-BCA), confirmed by the authorized person and stamped by the foreign representative office in Vietnam;

c) Valid passport of the foreigner.

d) In cases where foreigners belong to the category of increased staffing of the foreign representative office in Vietnam, in addition to the documents specified in Points a, b, and c Clause 1 of this Article, it is necessary to supplement a diplomatic note from the Ministry of Foreign Affairs of the sending country notifying about the increase in staffing.

Within five working days from the date of receiving complete and valid documents as stipulated in Clause 2 of this Article, the National Reception Department or the Ho Chi Minh City Foreign Affairs Office shall consider issuing a residence card for the foreigner.

When the temporary residence card expires, a new temporary residence card will be considered for issuance upon request of the foreign representative office in Vietnam.

Chapter III

IMPLEMENTING PROVISIONS

Article 7. Transitional Provisions

1. Visas, residence certificates, and temporary residence cards valid before the effective date of this Circular shall continue to be used until their expiration dates.

2. Applications for visas, temporary residence cards, and extensions of residence submitted before the effective date of this Circular but not yet processed shall be handled by the competent authority of the Ministry of Foreign Affairs in accordance with the provisions of this Circular.

Article 8. Implementation organization

1. The Consular Bureau shall be responsible for:

a) Guiding overseas Vietnamese representative offices and related agencies in issuing visas and extending temporary residence according to this Circular.

b) Reporting annually to the Minister of Foreign Affairs on the situation of visa issuance and temporary residence extension according to this Circular.

a) Guiding foreign representative offices in Vietnam and related agencies on procedures for issuing temporary residence cards according to this Circular.

b) Reporting annually to the Minister of Foreign Affairs on the situation of temporary residence card issuance according to this Circular.

4. Overseas Vietnamese representative offices are responsible for:

a) Issuing visas based on notifications from the Consular Department or the Ho Chi Minh City Department of Foreign Affairs.

b) Reporting monthly, quarterly, and annually on visa issuance for foreigners under the jurisdiction of the Ministry of Foreign Affairs to the Consular Department.

Article 9. Effective Date

This Circular takes effect from September 1, 2016.

The Directors of the Consular Bureau and the National Reception Agency, the Director of the Department of Foreign Affairs of Ho Chi Minh City, and the heads of Vietnamese representative offices abroad and subordinate units of the Ministry shall be responsible for implementing this Circular. In the course of implementation, if there are any difficulties, relevant agencies shall report to the Ministry of Foreign Affairs (through the Consular Bureau for visa issuance and residence extension procedures; through the National Reception Agency for temporary residence card issuance procedures) for timely guidance.