Decree No. 07/2017/NĐ-CP stipulates the procedures and formalities for piloting the issuance of electronic visas for foreigners entering Vietnam.

DECREE

Regulations on the procedures and formalities for piloting the issuance of electronic visas
for foreigners entering Vietnam

Pursuant to the Law on Government Organization dated June 19, 2015;

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

Pursuant to the Law on Electronic Transactions dated November 29, 2005;

Pursuant to the Law on Information Technology dated June 29, 2006;

Pursuant to Resolution No. 30/2016/QH14 on piloting the issuance of electronic visas for foreigners entering Vietnam dated November 22, 2016;

The Government promulgates this Decree on regulations regarding entry, exit, and residence policies for foreigners at the International Financial Center in Vietnam.

The Government promulgates this Decree stipulating the procedures, formalities for piloting the issuance of electronic visas for foreigners entering Vietnam.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the procedures and formalities for piloting the issuance of electronic visas for foreigners entering Vietnam.

Article 2. Applicability

1. Foreigners are citizens of countries listed in Appendix I attached to this Decree for piloting the issuance of electronic visas.

2. Agencies, organizations, and individuals related thereto.

Article 3. Explanation of Terms

1. The electronic portal for immigration is the electronic portal of the Immigration Administration Department under the Ministry of Public Security with the Vietnamese domain name "https://www.xuatnhapcanh.gov.vn"; English domain name "https://www.immigration.gov.vn", having functions of publishing information, providing online public services and supporting search, linking, and storing information related to immigration management.

2. The electronic visa issuance information page is an electronic page under the electronic portal for immigration of the Immigration Administration Department under the Ministry of Public Security, having functions of receiving, processing, and issuing electronic visas for foreigners.

3. Electronic account is an account issued by the Immigration Administration Department for inviting and sponsoring agencies and organizations to access the electronic visa issuance information page, submit invitation and sponsorship documents, and receive responses.

4. Electronic dossier code is a series of alphanumeric characters generated according to a unified principle by the Immigration Administration Department for foreigners, inviting and sponsoring agencies and organizations to track the processing results and print electronic visas.

Chapter II

PROCEDURES AND FORMALITIES FOR THE ISSUANCE OF ELECTRONIC VISAS FOR FOREIGNERS ENTERING VIETNAM

Article 4. Procedures and formalities for the issuance of electronic visas upon request of foreigners

1. Foreigners applying for electronic visas shall proceed as follows:

a) Access the electronic visa issuance information page to fill in the application information for electronic visas, download photos and passport identity pages according to Form No. 01 issued together with this Decree.

b) Receive the electronic dossier code and pay the visa issuance fee through the electronic visa issuance information page.

2. Within three working days from the date of receipt of complete application information for electronic visas and payment of the visa issuance fee, the Immigration Administration Department will examine, process, and respond to the applicant at the electronic visa issuance information page.

3. Foreigners applying for electronic visas shall use the electronic dossier code to check the processing results of the Immigration Administration Department at the electronic visa issuance information page; if granted an electronic visa, they shall use the electronic dossier code to print the electronic visa according to Form No. 02 issued together with this Decree.

Article 5. Procedures and formalities for the issuance of electronic visas upon request of inviting and sponsoring agencies and organizations

1. Before requesting the issuance of electronic visas for foreigners, inviting and sponsoring agencies and organizations in Vietnam must register an electronic account in accordance with Clause 2 of this Article and have an electronic signature in accordance with the Law on Electronic Transactions and guiding documents.

2. Registration and cancellation of electronic accounts

a) Inviting and sponsoring agencies and organizations send a written request for an electronic account to the Immigration Administration Department according to Form No. 03 issued together with this Decree. The request for an electronic account is only made once, except in cases of change in content or cancellation of the account in accordance with point c of this clause.

b) The Immigration Administration Department issues a written response and grants an electronic account according to Form No. 04 issued together with this Decree within three working days from the date of receipt of the written request from the agency or organization; in case of refusal to grant an electronic account, the Immigration Administration Department issues a written response stating the reasons according to Form No. 05 issued together with this Decree.

c) The electronic account is canceled in cases where the agency or organization with an account requests it in writing or violates laws on electronic transactions and immigration management. When canceling an account, the Immigration Administration Department issues a written notice stating the reasons according to Form No. 06 issued together with this Decree.

3. Inviting and sponsoring agencies and organizations apply for electronic visas for foreigners using the electronic account to access the electronic visa issuance information page to request electronic visas for foreigners in accordance with Article 4 of this Decree.

4. The Immigration Administration Department examines, processes, and responds to inviting and sponsoring agencies at the electronic visa issuance information page within three working days from the date of receipt of complete application information for electronic visas and payment of the visa issuance fee.

5. Inviting and sponsoring agencies and organizations applying for electronic visas for foreigners use the electronic dossier code to receive the written response of the Immigration Administration Department at the electronic visa issuance information page and notify the processing result to the foreigner.

6. Foreigners granted electronic visas use the electronic dossier code notified by the inviting and sponsoring agency to print the electronic visa.

Article 6. Entry and Exit with Electronic Visa

Foreigners shall use electronic visa to enter and exit through international border gates specified in Appendix II attached to this Decree.

Chapter III

RESPONSIBILITIES OF THE MINISTRY OF PUBLIC SECURITY AND THE MINISTRY OF NATIONAL DEFENSE

Article 7. Responsibilities of the Ministry of Public Security

1. Take the lead in assisting the Government in organizing the pilot issuance of electronic visas for foreigners who wish to enter Vietnam.

2. Build, manage, and operate the information system for receiving applications, reviewing, and issuing electronic visas to ensure security, safety, confidentiality, and continuity.

3. Take the lead and coordinate with the Ministry of National Defense in promptly transmitting full information about foreigners issued electronic visas to border control units under the Ministry of Public Security and the Ministry of National Defense.

4. Coordinate with the Ministry of Transport to notify airlines connected to the electronic visa issuance website to check passenger information with electronic visas before transporting them into Vietnam.

Article 8. Responsibilities of the Ministry of National Defense

1. Coordinate with the Ministry of Public Security in implementing the Resolution of the National Assembly on piloting the issuance of electronic visas for foreigners entering Vietnam.

2. Direct border control units under the Ministry of National Defense to connect with the Immigration Department to receive information on electronic visas issued to foreigners and implement entry and exit controls for foreigners holding electronic visas at border gates.

Chapter IV

IMPLEMENTING PROVISIONS

Article 9. List of Countries Whose Citizens Are Eligible for Pilot Issuance of Electronic Visas and List of Border Gates Permitting Entry and Exit with Electronic Visas

1. Attach to this Decree the list of countries whose citizens are eligible for pilot issuance of electronic visas (Appendix I) and the list of border gates permitting entry and exit with electronic visas (Appendix II).

2. During the pilot issuance of electronic visas for foreigners entering Vietnam, the appendices specified in Clause 1 of this Article may be amended and supplemented according to the decision of the Government.

Article 10. Application of Electronic Transactions in Inviting and Guaranteeing Entry for Foreigners into Vietnam

1. Agencies and organizations inviting and guaranteeing entry for foreigners as stipulated in Clause 1 of Article 16 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam may choose to submit visa application documents electronically via the e-Government Portal on Entry and Exit.

2. Prior to submitting documents electronically, agencies and organizations inviting and guaranteeing entry for foreigners must meet the conditions set out in Clauses 1 and 2 of Article 5 of this Decree.

Article 11. Effective Date

This Decree takes effect for a period of two years from February 1, 2017.

Article 12. Responsibility for Implementation

The Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial and municipal people's committees directly under the central government shall be responsible for enforcing this Decree./.