Decision No. 1279/2002/QĐ-BCA on the issuance of regulations for managing foreign nationals transiting Vietnam for sightseeing and tourism.

Pursuant to …;

Regarding the issuance of regulations on managing foreign nationals transiting through Vietnam

to visit and travel in Vietnam

_______________ 

THE MINISTER OF PUBLIC SECURITY

Pursuant to Article 10 of the Ordinance on Entry, Exit, Stay of Foreigners in Vietnam 2000;

Pursuant to Article 10 of Decree No. 21/2001/NĐ-CP dated May 28, 2001 of the Government detailing the implementation of the Ordinance on Entry, Exit, Stay of Foreigners in Vietnam;

At the proposal of the General Director of the General Security Department,

Pursuant to …;

Article 1. Attached hereto is the "Regulation on Managing Foreign Nationals Transiting Through Vietnam for Tourism."

Article 2. THIS DECISION SHALL TAKE EFFECT 15 DAYS AFTER THE DATE OF SIGNATURE.

Article 3. The General Directors of the Departments, Heads of units under the Ministry of Public Security, Directors of Public Security Departments of provinces and centrally-administered cities shall be responsible for organizing the implementation of this Decision in accordance with their functions and tasks.

REGULATIONS

Management of foreign nationals transiting through Vietnam for tourism

(Attached hereto by Decision No. 1279/2002/QĐ-BCA)

of the Minister of Public Security)

Chapter 1

GENERAL PROVISIONS

Article 1

1. Foreign nationals transiting through Vietnam are those who pass through the transit area at international border gates of Vietnam to go to another country.

2. The transit area is the area within the scope of the international border gate reserved for foreign nationals transiting to stay temporarily while waiting for transportation to proceed to another country.

Article 2. These Regulations only manage foreign nationals transiting through Vietnam via the transit area at international airport border gates and international seaport border gates (hereinafter referred to collectively as international border gates) for tourism in Vietnam.

Article 3

1. Foreign nationals transiting through Vietnam (hereinafter referred to as transit visitors) wishing to enter Vietnam for tourism must be sponsored by an international travel agency and complete procedures to request the immigration management authority to consider and resolve. The immigration management authority issues a "Vietnam Tourist Permit" to transit visitors approved to enter Vietnam for tourism.

2. The Vietnam Tourist Permit has a validity of five days. Persons named in the permit may temporarily reside in Vietnam and must depart within the period specified in the permit.

3. Transit visitors entering Vietnam for tourism must comply with Vietnamese laws; they must follow the tour program registered with the immigration management authority by the international travel agency and guided by the international travel agency, and may not combine it with other purposes.

Chapter 2

SPECIFIC PROVISIONS

Article 4

1. Transit visitors wishing to enter Vietnam for tourism must agree with the international travel agency on the tour program. The agreement on the tour program can be made in advance or upon arrival at the international border gate of Vietnam.

2. Transit visitors must complete procedures with the immigration management authority at the international border gate, which include:

- Submitting an application form for entry to Vietnam according to the prescribed model (form issued by the immigration management authority at the border gate).

- Presenting passports and tickets for onward transportation to another country.

Article 5

1. Prior to completing procedures to welcome transit visitors for tourism in Vietnam, the international travel agency must submit a file proving its legal status to the Immigration Management Department, including:

- A letter introducing the legal status, stamp model, and signature of the director of the enterprise;

- Decision of the competent authority regarding the establishment of the enterprise or Business License for International Travel Agency;

- Business Registration Certificate of the enterprise;

- A letter from the National Tourism Administration informing about the international travel agency authorized to welcome transit visitors for tourism in Vietnam. The submission of the above-mentioned file is done once. When there are changes in the file content, the enterprise must notify the Immigration Management Department in writing to update the file.

2. When there is a need to welcome transit visitors for tourism in Vietnam, the international travel agency sends a letter of request to the Immigration Management Department (according to the model issued by the Director of the Immigration Management Department) along with the visitor's tour program.

3. After receiving the reply letter from the Immigration Management Department, the international travel agency directly contacts the immigration management authority at the border gate to:

- Guide visitors to complete procedures at the border gate as stipulated in Clause 2, Article 4 of these Regulations.

- Receive permits issued by the immigration management authority at the border gate for visitors.

- Welcome and organize visitors to go on tours according to the program registered with the Immigration Management Department.

4. During the organization of tours, if visitors stay overnight, they must comply with the temporary residence registration requirements for foreigners staying temporarily.

5. Upon completion of the tour program, the international travel agency must directly escort visitors back to the border gate and complete departure procedures for them.

6. The international travel agency organizing transit visitors to enter Vietnam for tourism must comply with the provisions of Article 27 of Decree No. 21/2001/NĐ-CP dated May 28, 2001 of the Government detailing the implementation of the Ordinance on Entry, Exit, Stay of Foreigners in Vietnam.

Article 6

1. The Immigration Management Department shall issue a written response to the international travel agency within one working day from the date of receipt of the request for resolution to allow transit visitors to enter Vietnam for tourism; in cases where it is found that visitors are not eligible for entry into Vietnam, this should be clearly stated in the response letter so that the international travel agency is aware.

2. The immigration management authority at the international border gate shall be responsible for:

a. Handling entry procedures:

- Checking the legality and validity of the passports and tickets for onward transportation of transit visitors.

- Issuing entry application forms to the international travel agency to guide visitors to fill out; issuing Vietnam Tourist Permits according to the list approved by the Immigration Management Department.

- Processing entry verification in the passport (no temporary residence certificate will be issued).

b. Handling exit procedures:

- Matching the visitors handed over by the international travel agency with the list recorded in the Vietnam Tourist Permit.

- Collecting the Vietnam Tourist Permit and processing exit verification in the passport.

Chapter 3

IMPLEMENTATION

, Clause 1, Clause 2 Article 7a of this Regulation.

The Director of the Immigration Management Department shall be responsible for:

- Guiding relevant agencies, organizations, and foreign individuals in implementing this Regulation.

- Taking the lead and coordinating with the International Airport Directors and International Port Directors to unify the boundaries of the transit area; installing signboards to announce the scope of the transit area at international border gates.

- Receiving and responding to requests from the Tourism Administration regarding participation in the review process for issuing permits to international travel agencies to receive transit tourists for sightseeing and tourism in Vietnam.

- Issuing, printing, and managing the template of the permit for sightseeing and tourism in Vietnam.

- Periodically compiling and reporting on the situation of transit tourists entering Vietnam for sightseeing and tourism every six months.