Law Amending and Supplementing Certain Articles of the Law on Departure from and Entry into Vietnam for Vietnamese Citizens and the Law on Entry into, Departure from, Transit through, and Residence of Foreigners in Vietnam No. 23/2023/QH15

LAW

AMENDMENTS AND SUPPLEMENTS TO CERTAIN ARTICLES

ON THE LAW ON EXIT AND ENTRY OF VIETNAMESE CITIZENS

 AND THE LAW ON ENTRY, EXIT, TRANSIT, AND RESIDENCE OF FOREIGNERS IN VIETNAM

CỦA NGƯỜI NƯỚC NGOÀI TẠI VIỆT NAM

 

On the basis of the Constitution of the Socialist Republic of Vietnam;

The National Assembly enacts this Law to amend and supplement some articles ofLaw on Exit and Entry of Vietnamese Citizens No. 49/2019/QH14 and Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam No. 47/2014/QH13 which have been amended and supplemented by Law No. 51/2019/QH14.

Article 1. Amend and supplement some articles of the Law On Exit and Entry of Vietnamese Citizens

1. Amend and supplement some clauses of Article 6 as follows:

a) Add Point đ following Point d Clause 1 as follows:

“đ) Other documents as prescribed in international treaties to which the Socialist Republic of Vietnam is a member.”

b) Amend and supplement Clause 3 as follows:

“3. Information on exit-entry documents includes:

a) Passport photograph;

b) Surname, middle name, and given name;

c) Gender;

d) Place of birth; date of birth;

đ) Nationality;

e) Code, number of exit-entry document; issuing authority; date of issue; expiration date;

g) Personal identification number or citizen identification number;

h) Position, title for diplomatic passports and official passports in accordance with foreign affairs requirements;

i) Other information as prescribed by the Government.”

2. Amend and supplement Clause 11 of Article 8 as follows:

“11. Persons serving in the diplomatic service who have been granted diplomatic rank or hold positions from Counselor upwards, Defense Attaché, and Deputy Defense Attaché at diplomatic missions, permanent missions to intergovernmental organizations, and consular posts of Vietnam abroad.”

3. Amend and supplement some clauses of Article 15 as follows:

a) Amend and supplement Clause 2 as follows:

“2. Documents related to the issuance of ordinary passports within the country include:

a) The most recent valid ordinary passport issued to persons who have already been issued a passport; in cases where the valid passport has been lost, a report of loss or notification of receipt of such report from the competent authority as prescribed in Point a Clause 2 of this Law must be attached;

b) A copy of Birth Registration Certificate or extract thereof for persons under 14 years old who have not yet been assigned a personal identification number; if there is no copy, a photograph and presentation of the original for verification and comparison shall be submitted;

c) A copy of documents issued by the competent authority of Vietnam certifying the legal representative for persons without civil capacity, persons with difficulty in understanding and controlling their actions as prescribed by the Civil Code, and persons under 14 years old; if there is no copy, a photograph and presentation of the original for verification and comparison shall be submitted.”

b) Adding Clause 9 after Clause 8 as follows:

“9. Requests for issuance of ordinary passports shall be made at the offices of the Exit-Entry Management Authority or through the national public service portal or the Ministry of Public Security’s public service portal.”

4. Amend and supplement Clause 1 and add Clause 1a following Clause 1 of Article 16 as follows:

“1. Applicants for passports submit a fully completed application form, two passport photographs, relevant documents as prescribed in Clause 1a of this Article, and present a Vietnamese passport or other identity document issued by a competent authority of Vietnam.

In cases where there is no Vietnamese passport or other identity document issued by a competent authority of Vietnam, applicants shall present an identity document issued by a competent authority of another country and a document proving Vietnamese nationality or a document serving as basis for determining Vietnamese nationality as prescribed by laws on nationality.

1a. Relevant documents for the issuance of ordinary passports abroad include:

a) The most recent valid ordinary passport issued to persons who have already been issued a passport; in cases where the valid passport has been lost, a report of loss or notification of receipt of such report from the competent authority as prescribed in Point a Clause 2 of this Law must be attached;

b) A photograph of Citizen Identification Card or Electronic Citizen Identification Card or other related documents issued by a competent authority of Vietnam in cases where there has been a change in personal information compared to the information in the most recently issued passport;

c) A copy of Birth Registration Certificate or extract thereof for persons under 14 years old; if there is no copy, a photograph and presentation of the original for verification and comparison shall be submitted;

d) A copy of documents issued by a competent authority of Vietnam or another country certifying the legal representative for persons without civil capacity, persons with difficulty in understanding and controlling their actions as prescribed by the Civil Code, and persons under 14 years old; if there is no copy, a photograph and presentation of the original for verification and comparison shall be submitted.”

5. Amend and supplement Clause 2 of Article 17 as follows:

“2. Persons not allowed to reside in another country but not covered by international treaties or agreements on repatriation of citizens.”

6. Amend and supplement Clause 2 of Article 18 as follows:

“2. Issuance of passports to persons not allowed to reside in another country but not covered by international treaties or agreements on repatriation of citizens is regulated as follows:

a) Vietnamese diplomatic missions abroad receive applications from competent authorities of the host country or from persons not allowed to reside in another country, two passport photographs of such persons, a fully completed application form, and identity documents issued by a competent authority of Vietnam (if available);

b) In cases of humanitarian reasons or emergency, if the Vietnamese diplomatic mission abroad has sufficient grounds to determine the identity and nationality of the applicant, it may consider issuing a passport within two working days.”

c) In cases not covered by point b, Clause 2 of this Article, within two working days from receiving the request from the competent authority of the host country or from a person who is not allowed to reside abroad, the Vietnamese representative office abroad shall send the information of the person requiring a passport to the Exit and Entry Administration under the Ministry of Public Security. Within thirty days from the date of receipt of the request, the Exit and Entry Administration under the Ministry of Public Security shall verify and respond in writing to the Vietnamese representative office abroad. Within two working days from receiving the response from the Exit and Entry Administration under the Ministry of Public Security, the Vietnamese representative office abroad shall issue a passport to the citizen; if the passport is not issued, it shall respond in writing and specify the reasons for the applicant's knowledge.

d) After issuing the passport, the Vietnamese representative office abroad must notify the Exit and Entry Administration under the Ministry of Public Security to coordinate in receiving and managing citizens upon their return to the country.”

7. Amending and supplementing Clause 1 of Article 27 as follows:

“1. Invalidate the remaining validity of passports that have been lost or more than twelve months have passed since the competent authority notified the citizen to collect the passport without the citizen collecting it and without a written notification of the reason for non-collection.”

8. Amend and supplement Clause 2 of Article 28 as follows:

“2. The procedure for invalidating the ordinary passport’s usage value is as follows:

a) Within two working days from the date of discovering the loss of an ordinary passport, the person who lost the passport shall directly submit or send a report on the loss according to the model to the Exit and Entry Administration or the Police Department at the district or commune level, or the Vietnamese representative office abroad where it is convenient, or the border control unit at the checkpoint, or electronically through the national public service portal or the Ministry of Public Security’s public service portal. In case of force majeure, the submission period may be extended, but the reason for the force majeure must be clearly explained in the report;

b) Within one working day from the date of receiving the report on the loss of an ordinary passport, the receiving agency is responsible for notifying the Exit and Entry Administration under the Ministry of Public Security and the person who submitted the report. Within one working day from the date of receiving the notification, the Exit and Entry Administration under the Ministry of Public Security shall carry out the invalidation of the passport’s usage value.”

9. Supplement Article 28a after Article 28 as follows:

“Article 28a. Invalidating the Usage Value of Passports for Citizens Who Do Not Collect Their Passports

If, after twelve months from the date the competent authority notified the citizen to collect the passport, the citizen does not collect it and does not provide a written notification to the competent authority about the reason for non-collection, the passport issuing authority shall carry out the invalidation of the passport’s usage value.”

10. Amend and supplement Clause 2 of Article 32 as follows:

“2. The person requesting the restoration of the passport’s usage value shall fill in all necessary information on the application form attached to the passport and submit it directly to the Exit and Entry Administration under the Ministry of Public Security or the Exit and Entry Administration of the Provincial Police Department where it is convenient, or electronically through the national public service portal or the Ministry of Public Security’s public service portal.”

11. Amend and supplement point a, Clause 1 of Article 33 as follows:

“a) Valid travel documents with remaining validity;”

12. Amend and supplement point b, Clause 1 of Article 41 as follows:

“b) Place of birth; date of birth;”

13. Amend and supplement some clauses of Article 45 as follows:

a) Amend and supplement Clause 10 as follows:

“10. Implement international cooperation in the field of exit and entry of Vietnamese citizens; take the lead and coordinate with the Ministry of Foreign Affairs and the Ministry of National Defense to propose the signing of international treaties and agreements related to accepting Vietnamese citizens who are not allowed to reside abroad; coordinate with the Ministry of Foreign Affairs to propose the signing of international treaties related to the exit and entry of Vietnamese citizens.”

b) Supplement Clause 13 after Clause 12 as follows:

“13. Take the lead and coordinate with relevant ministries and agencies to guide the implementation of regulations on the exit and entry of Vietnamese citizens in electronic environments in accordance with this Law and laws on electronic transactions.”

14. Amend and supplement Clause 7 of Article 46 as follows:

“7. Take the lead and coordinate with the Ministry of Public Security and the Ministry of National Defense to propose the signing of international treaties related to the exit and entry of Vietnamese citizens; coordinate with the Ministry of Public Security and the Ministry of National Defense to propose the signing of international treaties and agreements related to accepting Vietnamese citizens who are not allowed to reside abroad.”

15. Amend and supplement Clause 1 and Clause 2 of Article 49 as follows:

“1. Provide digital signature authentication services dedicated to official use for the issuance and management of electronic chip passports.

2. Guide relevant ministries and agencies in using digital signature authentication services dedicated to official use for the issuance and management of electronic chip passports.”

Article 2. Amending and supplementing some articles of the Law on Entry into, Exit from, Transit through, and Residence of Foreigners in Vietnam

1. Amending and supplementing Clause 3 of Article 7 as follows:

“3. A visa shall be valid for one entry or multiple entries; a visa issued for cases specified in point b, Clause 2 of this Article shall be valid for one entry.”

2. Amending and supplementing Clauses 1, 2, 3, and 4 of Article 9 as follows:

“1. The SQ visa shall have a validity period not exceeding 30 days.

2. The HN, DL, EV visas shall have a validity period not exceeding 90 days.

3. The VR visa shall have a validity period not exceeding 180 days.

4. The NG1, NG2, NG3, NG4, LV1, LV2, ĐT4, DN1, DN2, NN1, NN2, NN3, DH, PV1, PV2, TT visas shall have a validity period not exceeding one year.”

3. Amending and supplementing Article 19a as follows:

“Article 19a. Countries and territories whose citizens are eligible for electronic visas and international border gates allowing foreigners to enter and exit with electronic visas

1. The issuance of electronic visas shall be based on ensuring national defense, security, social order, and safety, in accordance with Vietnam’s foreign policy and socio-economic development.

2. The Government shall decide the list of countries and territories whose citizens are eligible for electronic visas; the list of international border gates allowing foreigners to enter and exit with electronic visas.”

4. Amending and supplementing points c and d of Clause 1 of Article 31 as follows:

“c) For citizens of countries unilaterally exempted from visa requirements by Vietnam, a temporary stay permit for 45 days shall be granted, and they may be considered for visa issuance and extension of the temporary stay permit according to the provisions of this Law;

d) For persons not falling under the cases stipulated in points a, b, and c of this Clause entering a border economic zone, a temporary stay permit for 15 days shall be granted; entering a special administrative-economic unit or coastal economic zone as specified in Clause 3a of Article 12 of this Law, a temporary stay permit for 30 days shall be granted.”

5. Amending and supplementing Article 33 as follows:

“Article 33. Temporary Stay Declaration

1. Foreigners temporarily residing in Vietnam must declare their temporary stay through the person directly managing and operating the accommodation facility to the police station of the commune, ward, town where the accommodation facility is located, or the border guard post or station. The accommodation facility has the responsibility to require foreigners to present their passport or other international travel documents, and documents related to residence in Vietnam before agreeing to their temporary stay. In cases where the border guard post or station receives the temporary stay declaration of foreigners according to the provisions of international treaties to which Vietnam is a party, the border guard post or station shall immediately notify the police station of the commune, ward, town where the foreigner is temporarily staying.

2. The temporary stay declaration for foreigners shall be made through an electronic environment or a temporary stay declaration form.

In cases where the declaration is made using a temporary stay declaration form, the person directly managing and operating the accommodation facility shall fill out all necessary information on the form and submit it to the police station of the commune, ward, town where the accommodation facility is located within 12 hours, or within 24 hours for remote areas, from the time the foreigner arrives at the accommodation facility.

3. Foreigners who change their place of temporary stay or reside outside the address recorded in their permanent residence card or when there is a change in information in their passport must declare their temporary stay according to the provisions of Clause 1 of this Article.”

6. Amending and supplementing Clause 2 of Article 34 as follows:

“2. Foreigners are not allowed to temporarily stay in restricted zones, temporary stop zones in border areas; prohibited zones, restricted activity zones in maritime border areas. If temporarily staying at an accommodation facility in a border area or town, city, tourist area, service area, special administrative-economic unit, or other economic zones related to border areas, the temporary stay declaration shall be made according to the provisions of Article 33 of this Law. The agency receiving the temporary stay declaration of foreigners shall immediately notify the border guard post where the accommodation facility is located.”

7. Amending and supplementing the name of Chapter VII as follows:

“Chapter VII

RIGHTS AND OBLIGATIONS OF FOREIGNERSRIGHTS AND RESPONSIBILITIES OF AUTHORITIES, ORGANIZATIONS, AND INDIVIDUALS”.

8. Supplementing point đ after point d of Clause 2 of Article 44 as follows:

“đ) Presenting passports or other international travel documents, and documents related to residence in Vietnam to the accommodation facility to comply with the temporary stay declaration regulations.”

9. Supplementing Article 45a after Article 45 in Chapter VII as follows:

“Article 45a. Responsibilities of other relevant agencies, organizations, and individuals

Clause 1. Agencies, organizations, and individuals may only employ foreign workers, organize tourism programs for foreigners, or provide services to foreigners residing temporarily in Vietnam when such foreigners are legally residing in Vietnam.

Clause 2. Agencies, organizations, and individuals who discover signs of violations of laws on entry, exit, transit, and residence of foreigners in Vietnam must immediately report to the nearest police agency; in cases where signs of violation are discovered in border areas, they must immediately report to the nearest police agency or border guard post.

10. Supplement Clause 11 following Clause 10 of Article 47 as follows:

"11. Guide the issuance of documents with value for entry, exit, and residence in Vietnam and temporary residence declaration for foreigners through electronic environments in accordance with this Law and laws on electronic transactions."

Article 3. Implementation Provisions

Clause 1. This Law shall take effect from August 15, 2023.

Clause 2. Travel documents issued to citizens before the effective date of this Law remain valid until their expiration date as stated on the documents.

Clause 3. In cases where citizens apply for travel documents but have not been issued them upon the effective date of this Law, the provisions of the Law on Exit and Entry of Vietnamese Citizens No. 49/2019/QH14 shall continue to be applied for resolution.

Clause 4. In cases where foreigners have been granted electronic visas or entered under visa-free entry for certain countries or have applied for electronic visas but have not been issued them upon the effective date of this Law, the provisions of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam No. 47/2014/QH13, as amended and supplemented by Law No. 51/2019/QH14, shall continue to be applied.

This Law was adopted by the National Assembly of the Socialist Republic of Vietnam, the fifteenth session, fifth meeting on June 24, 2023.