Ordinance No. 24/2000/PL-UBTVQH10 on Entry, Exit, Transit, and Residence of Foreigners in Vietnam

ORDINANCE

Entry, Exit, and Residence of Foreign Nationals in Vietnam

To contribute to the implementation of the State's policy on developing friendly relations and cooperation with foreign countries and protecting national interests and sovereignty;

Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992;

Pursuant to the Resolution of the Sixth Session of the Tenth National Assembly on the Law and Decree Building Program for 2000;

This Ordinance regulates entry, exit, transit, and residence of foreign nationals in Vietnam.

Chapter I

GENERAL PROVISIONS

Article 1

1. The Socialist Republic of Vietnam creates favorable conditions for the entry, exit, and transit of foreign nationals; protects their lives, property, and other legitimate rights and interests while residing in Vietnam based on Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a party.

2. Foreign nationals entering, exiting, transiting, or residing in Vietnam must comply with Vietnamese laws and respect the traditions, customs, and practices of the Vietnamese people. Strictly prohibited is the abuse of entry, exit, transit, or residence in Vietnam to violate the law., customs and traditions of the Vietnamese people. Strictly prohibit the use of entry, exit, transit, or residence in Vietnam to violate the law.

3. In cases where an international treaty to which the Socialist Republic of Vietnam is a party provides for the entry, exit, transit, or residence of foreigners in Vietnam differently from the provisions of this Ordinance, the provisions of that international treaty shall apply.

Article 2

In cases where an international treaty to which the Socialist Republic of Vietnam is a party provides different regulations regarding the entry, exit, transit, and residence of foreign nationals in Vietnam compared to this Ordinance, the provisions of that international treaty shall apply.

1. Vietnamese agencies, organizations, foreign agencies, organizations, and international organizations located in Vietnam, Vietnamese citizens, and foreign nationals legally residing in Vietnam may invite foreign nationals to enter Vietnam.

Article 3

In this Ordinance, the following terms shall be understood as follows:

2. Agencies, organizations, and individuals inviting foreign nationals to enter Vietnam are responsible for ensuring the purpose of their entry; providing financial support and cooperating with state agencies to resolve any incidents involving the foreign nationals.

1. "Foreign national" means a person who does not hold Vietnamese nationality;

2. "Permanent resident foreign national" means a foreign national who resides, works, and lives in Vietnam for a long term;

3. "Temporary resident foreign national" means a foreign national who resides in Vietnam for a limited period;

4. "Entry" means entering the territory of Vietnam through its international border gates;

5. "Exit" means leaving the territory of Vietnam through its international border gates;

Chapter II

ENTRY, EXIT, AND TRANSIT

Article 4

6. "Transit" means passing through the transit area at Vietnam's international border gates.

1. Foreign nationals entering or exiting Vietnam must have a passport or other travel document recognized as equivalent to a passport (hereinafter referred to collectively as a passport) and must obtain a visa issued by a competent Vietnamese authority, except in cases where they are exempted from obtaining a visa.

2. Applications for Vietnamese visas are processed within five working days from the date of receipt of complete application files.

3. Foreign nationals under 14 years old who are included in the visa application of the accompanying person do not need to separately apply for a visa.

Article 5

1. Agencies, organizations, and individuals inviting foreign nationals to enter Vietnam send a written request to the immigration management agency under the Ministry of Public Security or the diplomatic mission under the Ministry of Foreign Affairs.

2. Written requests are responded to within five working days from the date of receipt of the document.

Article 6

1. Foreign nationals applying for entry may be granted a visa upon arrival at Vietnam's international border gates in the following circumstances:

a) To attend the funeral of a close relative or visit a seriously ill relative;

b) Departing from a country without a Vietnamese diplomatic or consular mission;

c) To travel according to a program organized by Vietnamese international travel companies;

d) To provide urgent technical assistance for projects; rescue persons suffering from serious illness or accidents; assist in disaster relief and epidemic control in Vietnam;

đ) For other urgent reasons.

2. The immigration management agency under the Ministry of Public Security shall issue the visa as provided for in Clause 1 of this Article.

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

1. A Vietnamese visa (hereinafter referred to as a visa) is valid for entry and exit through Vietnam's international border gates.

2. Visas include the following types:

a) Single-entry visa, valid for one use within twelve months;

b) Multiple-entry visa, valid for multiple uses within twelve months.

3. Visas cannot be extended.

A visa issued to a foreign national may be revoked if it falls under any of the circumstances specified in Articles 8 and 9 of this Ordinance.

Article 8

1. Competent Vietnamese authorities will not allow foreign nationals to enter Vietnam if they fall under any of the following circumstances:

a) Not meeting the conditions stipulated in Clause 1 of Article 4 of this Ordinance;

b) Falsifying documents or intentionally providing false information when applying for entry;

c) Due to disease prevention and control reasons;

d) Seriously violating Vietnamese laws during previous entries;

đ) For reasons of national security or other special reasons as decided by the Minister of Public Security.

2. The Minister of Public Security shall review and decide whether to allow entry for foreign nationals falling under the circumstances specified in Clause 1 of this Article.

Article 9

1. Foreign nationals may be temporarily prohibited from exiting Vietnam if they fall under any of the following circumstances:

a) Being investigated for criminal responsibility or being a defendant in civil, economic, or labor disputes;

b) Having a duty to enforce a criminal judgment;

c) Having a duty to enforce a civil, economic, or labor judgment;

d) Having a duty to enforce an administrative penalty decision, tax payment obligations, or other financial obligations.

2. In cases specified in points c and d of Clause 1 of this Article, if there is a guarantee in the form of money or assets or other measures to ensure compliance with such obligations in accordance with Vietnamese law, they may be allowed to exit.

3. Investigation agencies, Procuratorates, Courts, and enforcement agencies at provincial level or higher have the authority to decide on temporary prohibition of exit in the cases specified in points a, b, and c of Clause 1 of this Article.

The competent authority temporarily prohibiting exit must issue a decision to lift the temporary prohibition of exit when there is no longer a need for such prohibition.. The decision to temporarily suspend departure and the decision to lift the temporary suspension of departure must be notified in writing to the immigration management agency under the Ministry of Public Security for implementation.

4. The Minister of Public Security decides to temporarily suspend departure for foreigners falling within the cases prescribed in point d clause 1 of this Article at the proposal of the Minister, the head of a ministerial-level agency, the head of an agency under the Government, the Chairman of the People's Committee of a province or centrally governed city.

5. The person making the decision to temporarily suspend departure, or the person proposing such a suspension contrary to the provisions of this Ordinance, shall compensate for any material loss suffered by the person whose departure is suspended, in accordance with the law.

Article 10

Transit persons are exempt from visa requirements; if they wish to combine their stay in Vietnam for sightseeing or tourism, they shall be processed by the immigration management agency under the Ministry of Public Security in accordance with the regulations issued by the Ministry of Public Security.

Chapter III

RESIDENCE

Article 11

1. Foreigners entering Vietnam must register their purpose, duration, and address of residence in Vietnam and must operate in accordance with the registered purpose.

2. Foreigners may not reside in areas prohibited for foreigners.

Article 12

Foreigners are allowed to travel freely within the territory of Vietnam in accordance with the purpose of entry already registered, except for areas prohibited for foreigners; if they wish to enter these restricted areas, they must obtain permission from the competent state agency managing those restricted areas.

Article 13

1. Foreigners temporarily residing in Vietnam who fall into one of the following categories shall be considered for permanent residency:

a) Persons who have fought for national freedom and independence, for socialism, democracy and peace, or for the cause of science and were persecuted;

b) Persons who have made contributions to the construction and defense of the Socialist Republic of Vietnam;

c) Spouses, children, parents of Vietnamese citizens permanently residing in Vietnam.

2. Foreigners applying for permanent residency shall process their application at the immigration management agency under the Ministry of Public Security.

Article 14

1. Permanent residents shall be issued a Permanent Resident Card by the immigration management agency authorized by the Ministry of Public Security. Holders of the Permanent Resident Card are exempt from visa requirements when entering or exiting Vietnam.

2. Permanent residents must report and present their Permanent Resident Card to the immigration management agency authorized by the Ministry of Public Security every three years; if there is a change in their permanent address or other registered information, they must process the change at the issuing agency.

3. Permanent residents must declare temporary residence with the immigration management agency authorized by the Ministry of Public Security if they stay overnight outside their registered permanent address..

4. The agency issuing the Permanent Resident Card shall revoke or cancel the card when the holder settles abroad or is expelled.

Article 15

1. Foreigners residing temporarily in Vietnam must comply with the purpose, duration, and address already registered.

2. A Temporary Residence Certificate shall be issued by the immigration management agency authorized by the Ministry of Public Security to foreigners at international border gates of Vietnam. The duration of the temporary residence certificate shall correspond to the validity period of the visa.

The Temporary Residence Certificate issued may be canceled or its duration shortened if the holder violates Vietnamese law or does not comply with the registered purpose of temporary residence.

Foreigners residing temporarily must declare temporary residence with the immigration management agency authorized by the Ministry of Public Security; if they request an extension, modification, or change of the purpose of temporary residence, they must process the request at the immigration management agency under the Ministry of Public Security.

3. Foreigners residing temporarily for one year or more shall be issued a Temporary Residence Card by the immigration management agency authorized by the Ministry of Public Security. The Temporary Residence Card has a validity period of one to three years. Holders of the Temporary Residence Card are exempt from visa requirements when entering or exiting Vietnam during the validity period of the card.

4. Foreigners enjoying diplomatic or consular privileges and immunities shall process applications for visas, extensions of temporary residence, issuance of Temporary Residence Cards at the Ministry of Foreign Affairs.

5. The examination and issuance, supplementation, amendment of visas; issuance of Temporary Residence Cards, extension of temporary residence shall be completed within no more than five working days from the date of receipt of a valid application.

Chapter IV

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

Article 16

1. Foreigners shall be expelled from Vietnam in the following circumstances:

a) They are sentenced to expulsion by a competent court of Vietnam;

b) They are ordered to be expelled by the Minister of Public Security.

2. The expulsion of foreigners enjoying diplomatic or consular privileges and immunities shall be resolved through diplomatic channels.

Article 17

1. The immigration management agency under the Ministry of Public Security is responsible for enforcing expulsion orders.

2. The expulsion order must be handed over to the person being expelled by the immigration management agency under the Ministry of Public Security no later than twenty-four hours before enforcement.

3. In cases where the person being expelled refuses to comply with the expulsion order, the immigration management agency under the Ministry of Public Security shall apply coercive measures to enforce expulsion.

Chapter V

STATE MANAGEMENT OF ENTRY, EXIT, AND RESIDENCE OF FOREIGNERS IN VIETNAM

Article 18

The content of state management in the fields of entry, exit, and residence of foreigners in Vietnam includes:

1. Issuing regulatory legal documents;

2. Signing and participating in international treaties;

3. Implementing management activities related to entry, exit, transit, and residence;

4. National statistics;

5. International cooperation;

6. Supervision, inspection, and handling of violations of the law.

Article 19

1. The Government exercises unified state management over entry, exit, and residence of foreigners in Vietnam.

The Ministry of Public Security is responsible before the Government for implementing state management over entry, exit, and residence of foreigners in Vietnam.

2. The Government shall issue regulations on coordination among ministries, ministerial-level agencies, and agencies under the Government, and specify the responsibilities of People's Committees at all levels in managing entry, exit, and residence of foreigners in Vietnam.

Article 20

Diplomatic missions and consular agencies of Vietnam abroad issue, amend, supplement, or cancel various types of visas overseas.

Article 21

Each ministry, agency at the ministerial level, government-affiliated agency, provincial People's Committee, and centrally governed city shall be responsible for implementing state management over entry, exit, and residence of foreigners in Vietnam within their respective duties and authorities.

Chapter VI

HANDLING VIOLATIONS

Article 22

1. Any person who violates the provisions of this Ordinance shall be subject to administrative handling or criminal prosecution depending on the nature and severity of the violation; if damage is caused, compensation must be provided in accordance with the law.

2. Any person who abuses their position or authority to violate the provisions of this Ordinance shall be subject to disciplinary action or criminal prosecution depending on the nature and severity of the violation; if damage is caused, compensation must be provided in accordance with the law.

Article 23

Complaints against administrative decisions and reports of violations of the law in the areas of entry, exit, and residence of foreigners in Vietnam shall be handled in accordance with the law on complaints and reports.

Chapter VII

IMPLEMENTING PROVISIONS

"d) Within no more than one working day from the date of receiving the dossier submitted for administrative procedures by the specialized agency assigned by the Provincial People's Committee, the Chairman of the Provincial People's Committee shall issue a notification of the result of the inspection of plant-based food exports or a certificate at the request of the importing country."

This Ordinance also applies to Vietnamese citizens holding foreign passports entering, exiting, transiting through, and residing in Vietnam.

Article 25

This Ordinance takes effect from August 1, 2000.

This Ordinance replaces the Ordinance on Entry, Exit, Residence, and Travel of Foreigners in Vietnam dated February 21, 1992.

Previous regulations contrary to this Ordinance are abolished.

Article 26

The Government shall provide detailed regulations and guidance for the implementation of this Ordinance.