Decree No. 21/2001/NĐ-CP detailing the implementation of the Ordinance on Entry into, Exit from, and Residence in Vietnam for Foreigners

PART I

GENERAL PROVISIONS

Article 1

1. This Decree stipulates procedures for foreigners entering, exiting, transiting, and residing in Vietnam; invitations from agencies, organizations, and individuals for foreigners to enter Vietnam; responsibilities and coordination among state agencies.

2. This Decree also applies to Vietnamese citizens holding foreign passports when entering, exiting, transiting, and residing in Vietnam. The process for Vietnamese citizens with foreign passports requesting repatriation to Vietnam shall be carried out according to other regulations.

Article 2

Foreigners may travel freely within the territory of Vietnam in accordance with their registered purpose of entry, except for areas restricted to foreigners as specified in Article 12 of this Decree.

Chapter II

ENTRY, EXIT, AND TRANSIT

Article 3

1. Visas are issued in the passport of foreigners. In the following cases, separate visas will be issued along with the passport:

a) Passports that have run out of visa pages but have not yet been replaced with new passports;

b) Passports from countries without diplomatic or consular relations with Vietnam;

c) For security reasons or diplomatic reasons.

2. Validity and duration of visas:

a) Single-entry or multiple-entry visas valid for up to 12 months are issued to those entering Vietnam to implement projects under investment permits or cooperation contracts with Vietnamese agencies and organizations; people working at foreign agencies located in Vietnam and their immediate family members traveling together;

b) Single-entry or multiple-entry visas valid for up to six months are issued to those invited to Vietnam by agencies, organizations, and individuals not covered by point a of this clause;

c) Single-entry visas valid for 15 days are issued to those applying for entry without being invited by any agency, organization, or individual in Vietnam.

3. When a visa expires, if the visa holder wishes to continue entering or exiting Vietnam, they must apply for a new visa.

Article 4

1. Agencies, organizations, and individuals permitted to invite foreigners to Vietnam as provided for in Article 2 of the Ordinance on Entry, Exit, and Residence of Foreigners in Vietnam (hereinafter referred to as the Ordinance) include:

a) The Central Committee of the Communist Party of Vietnam, the National Assembly, the President, the Government, and its affiliated agencies;

b) The Supreme People's Court, the Supreme People's Procuracy;

c) Ministries, agencies equivalent to ministries, agencies under the Government, provincial people's committees directly under the central government, and their affiliated agencies;

d) Central agencies of mass organizations and people's associations;

đ) Enterprises established under Vietnamese law;

e) Diplomatic missions, consular offices of foreign countries, and representative offices of international organizations under the United Nations and intergovernmental international organizations located in Vietnam;

g) Branches of foreign companies; representative offices of foreign economic, cultural, and specialized organizations located in Vietnam;

h) Other agencies and organizations established and operating legally in Vietnam;

i) Vietnamese citizens permanently residing in Vietnam; Vietnamese citizens residing abroad temporarily in Vietnam;

k) Foreigners permanently residing in Vietnam and foreigners temporarily residing in Vietnam for six months or more.

2. Invitations from agencies and organizations must be consistent with their functions or business licenses issued by competent Vietnamese authorities. Vietnamese citizens permanently residing in Vietnam, Vietnamese citizens residing abroad temporarily in Vietnam, and foreigners permanently or temporarily residing in Vietnam for six months or more may invite foreigners to visit Vietnam.

Article 5

1. The agency responsible for welcoming foreign guests invited by the Central Committee of the Communist Party of Vietnam, the National Assembly, the President, the Government, and guests of equivalent rank invited by ministers, deputy ministers, chairpersons, and vice-chairpersons of provincial people's committees directly under the central government must notify the Consular Department of the Ministry of Foreign Affairs in writing about the invitation and reception of foreign guests. The Consular Department of the Ministry of Foreign Affairs will notify the diplomatic mission or consular office of Vietnam abroad to issue visas for the aforementioned guests, and simultaneously inform the Immigration Management Department of the Ministry of Public Security.

For foreigners coming to work at diplomatic missions, consular offices of foreign countries, and representative offices of international organizations under the United Nations and intergovernmental international organizations located in Vietnam, along with accompanying family members and servants, the relevant agencies must notify the Consular Department of the Ministry of Foreign Affairs in writing about the invitation and reception of foreign guests. The Consular Department of the Ministry of Foreign Affairs will notify the Immigration Management Department of the Ministry of Public Security in writing before notifying the diplomatic mission or consular office of Vietnam abroad to issue visas.

Within two working days from the date of receipt of the notification, if the Immigration Management Department of the Ministry of Public Security discovers that the foreigner does not meet the conditions for entry, it will notify the Consular Department of the Ministry of Foreign Affairs.

2. Agencies, organizations, and individuals inviting foreigners to Vietnam not covered by Clause 1 of this Article must send a written notification or request to the Immigration Management Department of the Ministry of Public Security.

The Immigration Management Department of the Ministry of Public Security will notify the diplomatic mission or consular office of Vietnam abroad to issue visas for foreigners within five working days from the date of receipt of the notification. If it is discovered that the foreigner does not meet the conditions for entry, the Immigration Management Department will notify the inviting agency, organization, or individual.

3. Agencies, organizations, and individuals requiring issuance of visas at international border gates for foreigners as provided for in Article 6 of the Ordinance must submit a written request to the Immigration Management Department of the Ministry of Public Security. In urgent cases where visas need to be issued at the border gate, the request must be submitted no later than twelve hours before the foreigner arrives at the border gate.

Article 6

1. In the following cases, the invitation of foreigners to Vietnam by agencies and organizations not covered under Clause 1 of Article 5 of this Decree must be approved by competent governmental authorities:

a) For religious activities, approval from the Government's Religious Affairs Council is required; for activities related to ethnic issues, approval from the Ethnic and Mountainous Regions Committee is required;

b) For information and press activities, approval from the Ministry of Foreign Affairs and the Ministry of Culture, Sports and Tourism is required.

2. When submitting a request letter to the Immigration Management Department of the Ministry of Public Security, agencies and organizations must attach the approval of the competent authorities mentioned in Points a and b of Clause 1 of this Article.

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

1. After receiving the reply from the Immigration Management Department of the Ministry of Public Security or the Consular Department of the Ministry of Foreign Affairs, the inviting agencies, organizations, or individuals must inform the foreigner to submit their application form, photographs, and collect their visa at the diplomatic mission or consulate of Vietnam abroad; for foreigners who are issued visas at international border gates of Vietnam, the inviting agencies, organizations, or individuals must inform them to submit their application form, photographs, and collect their visa at the immigration management office at the border gate.

Diplomatic missions and consulates of Vietnam abroad shall issue visas to foreigners immediately upon receipt of their application forms and photographs based on the notification from the Immigration Management Department of the Ministry of Public Security or the Consular Department of the Ministry of Foreign Affairs.

2. Foreigners applying for entry visas to Vietnam without being invited or received by agencies, organizations, or individuals in Vietnam must submit their application forms and photographs at the diplomatic mission or consulate of Vietnam abroad and will be considered and issued a visa valid for 15 days by these agencies.

The consideration and issuance of visas shall be completed within no more than three working days from the date of receipt of the application forms and photographs.

Article 8

1. Diplomatic missions and consulates of Vietnam abroad refuse to issue visas in the cases specified in Points a, b, and d of Clause 1 of Article 8 of the Ordinance.

For the cases specified in Point e of Clause 1 of Article 8 of the Ordinance, diplomatic missions and consulates of Vietnam abroad will refuse to issue visas according to the notification from the Immigration Management Department of the Ministry of Public Security.

2. The Immigration Management Department of the Ministry of Public Security will not allow entry in the cases specified in Points a, b, d, and e of Clause 1 of Article 8 of the Ordinance.

3. In cases where entry is denied due to disease prevention and control measures as specified in Point c of Clause 1 of Article 8 of the Ordinance, diplomatic missions and consulates of Vietnam abroad, and the Immigration Management Department of the Ministry of Public Security shall act according to the notification from the Ministry of Health.

Article 9

1. Provincial or higher-level courts and enforcement agencies decide to allow departure for the case specified in Point c of Clause 1 of Article 9 of the Ordinance if there is financial guarantee or other measures to ensure compliance with civil, economic, or labor judgments.

2. The Minister of Public Security decides to allow departure for the case specified in Point d of Clause 1 of Article 9 of the Ordinance if there is financial guarantee or other measures to ensure compliance with administrative penalty decisions, tax obligations, and other financial obligations.

Article 10. Foreigners transiting through Vietnam who wish to combine their stay with tourism may have their requests processed according to the regulations of the Ministry of Public Security. The Ministry of Public Security stipulates the scope of transit areas and the format of documents issued to foreigners for transit tourism in Vietnam.

Chapter III

RESIDENCE

Article 11

1. Foreigners entering Vietnam at the invitation of domestic agencies, organizations, or individuals must register their purpose, duration, and address of residence in Vietnam through the inviting agency, organization, or individual with the Immigration Management Department of the Ministry of Public Security or the Consular Department of the Ministry of Foreign Affairs in the request letter when processing according to Article 5 of this Decree.

2. Foreigners without an inviting agency, organization, or individual in Vietnam must register their purpose, duration, and address of residence in Vietnam in their visa application form.

3. Foreigners exempted from visa requirements under international treaties to which Vietnam is a party must comply with the terms of those treaties regarding their purpose and duration of stay in Vietnam. Individuals in this category must register their address of residence when processing temporary residence registration according to Article 15 of this Decree.

Article 12

1. Foreigners are not allowed to reside in border areas as prescribed by Vietnamese law (except in cases where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise).

Foreigners wishing to enter border areas must apply for permission at the immigration management authority under the provincial public security department where the area is located.

2. Foreigners are not permitted to enter areas marked with signs prohibiting access as prescribed by Vietnamese competent authorities.

Foreigners wishing to enter areas marked with signs prohibiting access must apply for permission at the direct management authority of that area.

Article 13

1. Foreigners applying for permanent residency under the cases specified in Points a and b of Clause 1 of Article 13 of the Ordinance must submit their applications to the Immigration Management Department of the Ministry of Public Security. The application includes:

a) Photographs and a permanent residency application form as prescribed by the Ministry of Public Security;

b) A self-declaration of personal history;

c) A copy of the passport (if available).

The Ministry of Public Security reports to the Prime Minister for a decision on the permanent residency application of foreigners referred to in this clause.

2. Foreigners applying for permanent residency under the case specified in Point c of Clause 1 of Article 13 of the Ordinance must submit their applications to the Immigration Management Department of the Ministry of Public Security or the immigration management authority under the provincial public security department. The application includes:

a) Photographs and a permanent residency application form as prescribed by the Ministry of Public Security;

b) A criminal record certified by the competent authority of the country of which they are a citizen;

c) A diplomatic note from the competent authority of the country of which they are a citizen requesting Vietnam to grant them permanent residency;

d) Documents proving that the applicant falls under the case specified in Point c of Clause 1 of Article 13 of the Ordinance.

d) A copy of the passport.

The Minister of Public Security decides on the application for permanent residence of foreigners referred to in this clause.

3. For foreigners who are approved for permanent residence, the immigration management agency shall issue a Permanent Residence Card; in cases where they are not approved for permanent residence, the immigration management agency shall notify the applicant in writing.

4. Every three years, foreigners with permanent residence must report to the immigration management agency under the provincial police force. At the time of reporting, they must present their Permanent Residence Card and submit photographs to obtain a new card. The immigration management agency will immediately process the issuance of a new card free of charge.

Article 14

1. The immigration management agency under the Ministry of Public Security shall issue a temporary residence certificate at international border gates for foreigners entering Vietnam as follows:

a) For those holding visas, a temporary residence certificate corresponding to the validity period of the visa shall be issued;

b) For those exempted from visa requirements under international treaties to which Vietnam is a party, a temporary residence certificate shall be issued according to the duration specified in such treaties;

c) For officials and staff of the ASEAN Secretariat, a temporary residence certificate valid for thirty days shall be issued.

2. Foreigners holding a Permanent Residence Card or a Temporary Residence Card that are still valid shall not be issued a temporary residence certificate.

Article 15

1. Foreigners staying overnight at hotels or designated foreign residential areas (including diplomatic residential areas) must declare temporary residence through the hotel manager or the area manager. The hotel manager or area manager is responsible for forwarding the declaration of temporary residence of foreigners to the immigration management agency under the provincial police force.

2. Foreigners staying overnight at private residences must directly or through the host declare temporary residence to the local police station or commune. The local police station or commune is responsible for forwarding the declaration of temporary residence of foreigners to the immigration management agency under the provincial police force.

Article 16

1. Issuance of Temporary Residence Cards, extension of temporary stay, issuance, supplementation, and modification of visas for foreigners:

a) For foreigners invited to Vietnam by the Central Committee of the Communist Party of Vietnam, the National Assembly, the President, the Government, and equivalent guests of Ministers, Deputy Ministers, Chairpersons, Vice-Chairpersons of provincial people's committees, foreigners enjoying diplomatic or consular privileges and immunities working at foreign diplomatic missions, consular posts, and international organizations' representative offices in Vietnam and accompanying family members or servants, the agency where they work shall send a written request to the Ministry of Foreign Affairs. In case of applying for a Temporary Residence Card, photographs must be submitted along with the application. b) For foreigners not falling under the provisions of point a of this clause, the agency, organization, or individual inviting them to Vietnam shall send a written request to the Immigration Management Department under the Ministry of Public Security or the immigration management agency under the provincial police force. In case of applying for a Temporary Residence Card, photographs must be submitted along with the application.

2. Foreigners wishing to change the purpose of their temporary stay must go through the agency, organization, or individual in Vietnam to make a formal request to the Immigration Management Department under the Ministry of Public Security. The agency, organization, or individual requesting the change of the purpose of temporary stay for foreigners shall fulfill the provisions set out in Article 27 of this Decree. For those permitted to change the purpose of temporary stay, the Immigration Management Department under the Ministry of Public Security shall issue a new visa consistent with the changed purpose.

Foreigners wishing to change the purpose of their temporary stay to work officially at foreign diplomatic missions, consular posts, and international organizations' representative offices in Vietnam shall handle the procedures at the Ministry of Foreign Affairs.

3. Foreigners entering Vietnam who are exempt from visa requirements under international treaties to which Vietnam is a party, if they need to stay temporarily beyond the duration specified in such treaties, must apply for a visa according to the provisions of Clause 1 of this Article. In cases where the duration of temporary stay needs to be extended due to force majeure, the competent authority may extend the temporary stay for a suitable period without requiring the visa application procedure.

DEPORTATION

Chapter IV

1. The Minister of Public Security has the authority to issue a deportation decision in the following cases:

Article 17

1. Serious violation of Vietnamese laws, subject to administrative penalties;

2. Committing a crime but being exempted from criminal prosecution;

3. For reasons of national security and public order.

Based on specific conditions and circumstances of implementing the deportation decision of the Minister of Public Security, the immigration management agency under the Ministry of Public Security shall decide:

Article 18

1. Measures for managing, supervising, or administratively detaining the person to be deported during the waiting period for the deportation decision to be implemented in accordance with the law;

2. The method and location for carrying out the deportation;

3. Other issues related to the implementation of the deportation decision in accordance with the law.

The head of the immigration management agency under the Ministry of Public Security is authorized to temporarily suspend the deportation of foreigners within a maximum of twenty-four hours from the time limit stipulated in the deportation decision of the Minister of Public Security in the following cases:

Article 19

1. There is a decision from the Investigation Agency, the Prosecutor's Office, or the Court at the provincial level or higher not allowing the person to be deported to leave the country;

2. The person to be deported is in critical health condition and cannot depart the country;

3. Due to weather conditions, natural disasters, or other force majeure reasons, it is impossible to carry out the deportation.

If the suspension of deportation exceeds twenty-four hours, the immigration management agency must report to the Minister of Public Security for a decision.

The person to be deported is responsible for:

Article 20. 1. Strictly complying with the deportation decision; accepting the management and supervision of the immigration management agency under the Ministry of Public Security during the waiting period for the deportation decision to be implemented;

2. Promptly completing all necessary procedures to leave Vietnam within the specified timeframe.

2. Nhanh chóng hoàn thành các thủ tục cần thiết để rời khỏi Việt Nam đúng hạn định;

3. Bear their own costs for departure from the country.

Article 21. The expulsion of foreigners pursuant to court judgments shall be carried out in accordance with other provisions of the law on the enforcement of deportation penalties.

Chapter V

RESPONSIBILITY, COOPERATION IN THE WORK OF STATE FUNCTIONAL ORGANIZATIONS AND THE RESPONSIBILITY OF ORGANIZATIONS AND INDIVIDUALS INVITING FOREIGNERS TO VIETNAM

Article 22. The Ministry of Public Security shall have the responsibility

1. Take the lead and coordinate with relevant ministries and sectors in drafting and submitting to the Government draft laws, ordinances, and government documents on entry, exit, and residence of foreigners in Vietnam;

2. Guide organizations, entities, and individuals in implementing legal provisions on entry, exit, and residence of foreigners in Vietnam;

3. Take the lead and coordinate with relevant ministries and sectors, provincial and municipal people's committees under the central government in supervising, inspecting, and handling violations of the law in the field of entry, exit, and residence of foreigners in Vietnam;

4. Implement international cooperation in the management of entry, exit, and residence of foreigners in Vietnam;

5. Conduct national statistics on entry, exit, and residence of foreigners in Vietnam;

6. Carry out issuance, amendment, supplementation, revocation of visas; issuance, extension, amendment, revocation of temporary residence certificates, Temporary Residence Cards, Permanent Residence Cards for foreigners in Vietnam (except cases handled by the Ministry of Foreign Affairs according to Clause 6, Article 23 of this Decree);

7. Take the lead and coordinate with the Ministry of Foreign Affairs in issuing forms and documents for foreigners entering, exiting, and residing in Vietnam; uniformly manage these forms and documents.

Article 23. The Ministry of Foreign Affairs shall have the responsibility

1. Guide foreign diplomatic missions, consular offices, representative offices of United Nations international organizations, and intergovernmental international organizations located in Vietnam on matters related to procedures for entry, exit, and residence of foreigners in Vietnam;

2. Direct and guide Vietnamese diplomatic missions and consular offices abroad in implementing regulations related to entry, exit, and residence of foreigners in Vietnam;

3. Take the lead and coordinate with the Ministry of Public Security in handling violations of the law by foreigners enjoying diplomatic or consular privileges and immunities;

4. Take the lead and coordinate with the Ministry of Public Security in negotiating and signing international treaties on visa exemptions with countries, and participating in other international treaties related to entry, exit, and residence of foreigners;

5. Coordinate with the Ministry of Public Security in implementing international cooperation in the management of entry, exit, and residence of foreigners in Vietnam;

6. Carry out issuance, amendment, supplementation, revocation of visas; issuance, extension, amendment, revocation of temporary residence certificates, Temporary Residence Cards for foreigners entering Vietnam at the invitation of the Central Committee of the Communist Party of Vietnam, the National Assembly, the State President, the Government, and equivalent guests of ministers, deputy ministers, chairpersons, vice-chairpersons of provincial and municipal people's committees under the central government; foreigners enjoying diplomatic or consular privileges and immunities working at foreign diplomatic missions, consular offices, representative offices of United Nations international organizations, and intergovernmental international organizations located in Vietnam and their family members and servants accompanying them.

Article 24. The Ministry of National Defense (Border Guard Force) shall have the responsibility

1. Control and verify entry and exit of foreigners at international border gates managed by the Ministry of National Defense (Border Guard Force).

2. Issue visas and temporary residence certificates at international border gates managed by the Ministry of National Defense (Border Guard Force) based on authorization and guidance from the immigration management agency under the Ministry of Public Security.

Article 25. Diplomatic missions and consular offices of Vietnam abroad shall have the responsibility

1. Guide foreigners applying for entry to Vietnam on regulations regarding entry, exit, and residence of foreigners in Vietnam;

2. Coordinate with the Ministry of Public Security and the Ministry of Foreign Affairs in handling violations of the law by foreigners;

3. Implement international cooperation in the management of entry, exit, and residence of foreigners in Vietnam as prescribed by law;

4. Issue, amend, supplement, and revoke various types of visas abroad in accordance with the law.

Article 26

1. Provincial and municipal people's committees under the central government shall have the responsibility to issue regulations on cooperation in work between public security agencies and other state agencies in the local area in the field of managing entry, exit, and residence of foreigners in accordance with the law; supervise, inspect, and handle violations of the law in the field of entry, exit, and residence of foreigners in their locality.

2. Provincial and municipal public security departments shall take the lead in assisting provincial and municipal people's committees in performing state management functions in the field of entry, exit, and residence of foreigners in their locality.

Article 27. Organizations and individuals inviting foreigners to Vietnam shall have the responsibility

1. Ensure the purpose of entry, including:

a) Register with competent authorities the planned content and program of activities of the invited person before they enter the country;

b) Manage the activities of the invited person to ensure compliance with the registered content and program;

c) Handle procedures related to the activities of the invited person in Vietnam in accordance with the law.

2. Cooperate with authorized state agencies to resolve incidents involving foreigners, including:

a) Participate in handling and mitigating consequences of illegal acts, accidents, or other complexities arising in connection with the invited person upon request of the competent authority;

b) Timely inform the police about activities of the invited person related to political security and social order.

3. Ensure financial matters, including:

a) Covering or guaranteeing financial costs when the invited person does not have sufficient financial means locally to pay for expenses as stipulated by Vietnamese law.

b) Pay the telefax or telegram fees to the Immigration Administration under the Ministry of Public Security or the Consular Department under the Ministry of Foreign Affairs for transmitting to Vietnamese diplomatic and consular missions abroad to issue visas for foreigners.

Chapter VI

IMPLEMENTING PROVISIONS

Article 28

1. This Decree shall take effect thirty days from the date of signature and shall replace the following provisions:

Decree No. 04/CP dated January 18, 1993 of the Government detailing the implementation of the Ordinance on Entry into, Exit from, Stay and Movement within Vietnam of Foreigners;

Decree No. 17/CP dated March 30, 1993 of the Government amending certain clauses of Decree No. 04/CP dated January 18, 1993 detailing the implementation of the Ordinance on Entry into, Exit from, Stay and Movement within Vietnam of Foreigners;

The provisions regarding entry into, exit from, stay and movement within Vietnam of foreigners set forth in the Regulation on Management of Our Delegations Abroad and Foreign Delegations in Vietnam issued together with Decree No. 12/CP dated December 1, 1992 of the Government; Decree No. 24/CP dated March 24, 1995 of the Government on Exit and Entry Procedures; Decree No. 76/CP dated November 6, 1995 of the Government amending and supplementing certain Articles of Decree No. 24/CP dated March 24, 1995 on Exit and Entry Procedures.

2. All previous regulations that conflict with this Decree are abolished.

Article 29. The Ministry of Public Security shall take the lead and coordinate with the Ministry of Foreign Affairs to issue Circulars guiding the implementation of this Decree.

Article 30. The Ministry of Finance shall take the lead and coordinate with the Ministry of Public Security and the Ministry of Foreign Affairs to issue Circulars guiding the collection of fees for issuing, extending, supplementing, and amending various documents and certificates provided to foreigners as stipulated in this Decree, and guiding the allocation of a portion of fines collected for administrative violations in the field of immigration towards expenses for handling foreigners who violate laws on entry into, exit from, stay in Vietnam when necessary.

Article 31. The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of People's Committees of provinces and centrally governed cities are responsible for implementing this Decree./.