Joint Circular No. 11/TTLB-NV-NG guiding procedures for reviewing personnel and issuing visas for foreigners entering Vietnam

JOINT CIRCULAR

Guidelines for the Procedures to Review Personnel and Issue Visas for Foreigners Entering Vietnam

- Based on Decree No. 83/CP dated June 10, 1961 of the Council of Ministers regarding foreigners applying for entry into, exit from, and transit through Vietnam;

- Based on Directives No. 419/CT dated December 14, 1984 and No. 189/CT dated August 4, 1986 of the Council of Ministers concerning principles for managing delegations traveling abroad and foreign delegations entering the country;

- To serve the requirements of development and expansion of relations between the country and other countries, and to promptly address visa issuance for foreigners entering Vietnam, the Ministry of Interior and the Ministry of Foreign Affairs issue this Circular with specific guidelines as follows:

PART I. GENERAL PROVISIONS ON THE SUBJECTS TO BE HANDLED FOR ENTRY INTO VIETNAM

1. For those entering Vietnam under the Law on Foreign Investment and Tourism in Vietnam, separate guidelines shall apply.

2. Foreign nationals holding passports from countries that have signed Agreements with Vietnam providing for visa exemptions are not required to go through procedures for obtaining visas for entry into Vietnam.

3. Foreign nationals who are citizens of countries that have not signed Agreements with Vietnam for visa exemptions shall be handled as follows:

3.1. Foreign delegations falling within the following categories, including both official members and accompanying service personnel, are exempted from visa application procedures for entry into and exit from Vietnam and from personnel review:

a. Delegations headed by State leaders or the Government;

b. High-level delegations of the Party, State, and Government;

c. Delegations of the Secretary-General of the United Nations;

d. Special envoys of Heads of State or Government, or of the Secretary-General of the United Nations;

đ. Official delegations of the National Assembly and its committees;

e. Delegations of Foreign Ministers.

3.2. Delegations (including official members and accompanying service personnel) and individuals falling within the following categories (excluding those specified in Point 3.1 above) are exempted from personnel review but must go through procedures for obtaining visas for entry into and exit from Vietnam:

a. Delegations and individuals invited to visit Vietnam by:

- Chairman of the State Council, Chairman of the Council of Ministers;

- Chairman of the National Assembly and its committees;

- Ministers, heads of ministerial-level agencies;

- Leaders of Party organizations at provincial level or higher directly under the Central Committee;

- Heads of departments directly under the Central Committee of the Communist Party of Vietnam;

- Chairmen of Provincial People's Committees, municipal people's committees, and centrally governed municipalities;

- Heads of the Vietnam Fatherland Front, the Vietnam General Confederation of Labor, the Central Committee of the Ho Chi Minh Communist Youth Union, the Vietnam Women's Union, and the Vietnam Farmers' Association.

b. Individuals included in the invitation list to attend international conferences hosted by Vietnam.

c. Individuals working at diplomatic missions, consular offices of foreign countries, representative offices of the United Nations, and other international organizations in Vietnam, specifically:

- Members of diplomatic missions, consular offices of foreign countries, representative offices of the United Nations, and other international organizations, including family members of these individuals.

- Diplomatic couriers.

- Invited guests of foreign Ambassadors or Consuls General in Vietnam.

Foreign nationals visiting relatives such as parents, spouses, children working at diplomatic missions, consular offices, representative offices of the United Nations, and other international organizations in Vietnam.

- Citizens of socialist countries holding passports that are not exempt from visas coming to visit relatives such as parents, spouses, children, and full siblings who are experts working at projects or production and business establishments in the country.

d. Other cases such as:

- Coming to care for seriously ill persons; bringing patients back to their home country;

- Coming to urgently address technical issues at the request of Vietnamese management authorities;

- Transiting through Vietnam to Laos or Cambodia when the individual already has a visa or invitation letter from Laos or Cambodia.

Chapter II. CIRCUMSTANCES IN WHICH ENTRY TO VIETNAM IS PROHIBITED

1. Persons who are war criminals, those actively involved in new fascist organizations, international terrorist organizations, and international smuggling organizations.

2. Persons engaged in public activities aimed at undermining Vietnam.

3. Persons who have seriously violated Vietnamese laws during their previous entry.

4. Persons who intentionally provided false information when applying for entry to Vietnam.

5. Other cases for reasons of ensuring national security of Vietnam.

Chapter III. PROCEDURES AND TIME LIMITS FOR FOREIGNERS ENTERING AND LEAVING VIETNAM

A. Persons exempt from formalities and personnel review:

1. Those exempted from visa application procedures and personnel review (point 3.1, Section I):

a. The Diplomatic Missions or Consular Offices of Vietnam abroad (hereinafter referred to as Vietnam's Missions abroad) report the list (name, position) of members of the delegation, including accompanying staff, for the host agency in Vietnam to examine.

b. Immediately upon examination, if approved, the host agency must notify Vietnam's Missions abroad to issue visas for the delegation, and simultaneously inform the Ministry of Public Security in writing.

2. Those exempted from personnel review but required to apply for entry to Vietnam (point 3.2, Section I):

a. Vietnam's Missions abroad guide applicants to fill out an application form with attached photograph (according to the model at our Embassies) and immediately report the list of the delegation requesting entry for the host agency in Vietnam to examine and decide whether to welcome them (content of notification according to regulations in Part B, Section of this chapter).

b. Immediately upon examination, if approved, the host agency must notify Vietnam's Missions abroad to issue visas for the delegation, and simultaneously inform the Ministry of Foreign Affairs (Consular Department) and the Ministry of Public Security (Department of Immigration Management) in writing if they are guests of central agencies or provincial police departments directly under the Central Government if they are guests of local authorities. Specifically, for foreigners entering to work, visit relatives at Diplomatic Missions, Consular Offices, United Nations Missions, for humanitarian reasons, or to address technical issues (as stipulated in point 3.2, Section I), it is decided by the Ministry of Foreign Affairs and informed to the Ministry of Public Security (Department of Immigration Management). Immediately after issuing the visa, Vietnam's Missions abroad must notify the Ministry of Foreign Affairs (Consular Department) by telegram.

B. Subjects Required to Apply for Entry to Vietnam and Undergo Personnel Review

1. Foreigners applying for entry and exit visas according to the guidance of Vietnam's Missions abroad. When applying, the applicant must:

- Submit a passport or substitute travel document of equivalent value.

- Submit various types of documents and certificates issued by agencies, organizations, or individuals in Vietnam inviting them (if applicable).

- Pay consular fees, if not exempted.

2. Immediately after completing all entry visa application procedures, Vietnam's Missions abroad must report to the host agency in Vietnam, and simultaneously send to the Ministry of Foreign Affairs and the Ministry of Public Security (Department of Immigration Management) the following information about the guest:

- Name and surname.

- Date of birth and place of birth.

- Original nationality and current nationality.

- Occupation and permanent address.

- Purpose, duration, and entry port in Vietnam.

- Type and number of passport. In the case of visiting relatives in Vietnam, additional information such as the name, address of the relative in Vietnam, and the relationship between the applicant and the relative must be reported.

3. Upon receiving the notification from Vietnam's Missions abroad, the host agency in Vietnam must send a letter requesting the Ministry of Public Security (sent to the Department of Immigration Management) to conduct a political security personnel review.

If the host agency in Vietnam does not agree to welcome or work with the guest, it must also inform the Ministry of Foreign Affairs or the agency authorized by the Ministry of Foreign Affairs to notify Vietnam's Missions abroad so that they can respond to the applicant.

4. The time limit for reviewing the personnel of the incoming delegation shall not exceed seven days from the date the Department of Immigration Management - Ministry of Public Security receives the request letter from the host agency. After the review, the Ministry of Public Security will inform the host agency of the result to notify Vietnam's Missions abroad to handle.

If, fifteen days after Vietnam's Missions abroad report the list of foreigners requesting entry to Vietnam, there is no response from the responsible agency in Vietnam regarding personnel approval, Vietnam's Missions abroad may consider and decide on issuing the visa to the applicant, while informing the host agency in Vietnam and the Ministry of Public Security.

Chapter IV. OTHER PROVISIONS

1. Foreign individuals arriving at Vietnamese border gates without a visa issued by competent Vietnamese authorities (in cases where a visa is required by Vietnam) shall be subject to examination and handling of violations by the Vietnamese Border Gate Police Authority, including being ordered to leave the country immediately.

In exceptional cases or for individuals from countries where Vietnam does not have diplomatic representation, if there is prior notification by a Vietnamese competent authority through a formal letter and approval by the Ministry of Public Security, the Vietnamese Border Gate Police Authority may issue a visa for entry into Vietnam. In this case, the individual must pay the prescribed fee according to Vietnamese responsible authorities.

2. The Ministry of Foreign Affairs authorizes heads of central-level organizations or persons designated (with prior notification of their names to the Ministry of Foreign Affairs (Consular Department)), foreign affairs agencies in Hanoi, Ho Chi Minh City, Hai Phong, and Vung Tau - Con Dao Special Zone, to directly report to Vietnamese representative offices abroad on the processing of foreigners' entry into and departure from Vietnam as stipulated in this Circular; other northern provinces through the Ministry of Foreign Affairs, and provinces from Quang Nam - Da Nang southward through the Foreign Affairs Office of Ho Chi Minh City.

3. This Circular takes effect from the date of issuance and replaces previous regulations of the Ministry of Public Security and the Ministry of Foreign Affairs regarding procedures for processing foreigners' entry into Vietnam.