Circular No. 31/2015/TT-BCA guiding certain contents regarding the issuance of visas, temporary residence cards, entry-exit permits, and permanent residency for foreigners in Vietnam.

CIRCULAR

Guidelines on certain matters concerning the issuance of visas, temporary residence cards, entry-exit permits, and the settlement of permanent residence for foreigners in Vietnam At the request of the General Director of the Security General Department,t s

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Pursuant to the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam dated June 16, 2014;

Pursuant to Decree No. 106/2014/NĐ-CP dated November 17, 2014, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

The Minister of Public Security promulgates this Circular to provide guidelines on certain matters concerning the issuance of visas, temporary residence cards, entry-exit permits, and the settlement of permanent residence for foreigners in Vietnam.

This Circular applies to foreigners entering and residing in Vietnam and relevant agencies, organizations, and individuals.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

PROCEDURES AND AUTHORITY FOR HANDLING APPLICATIONS

Article 2. Applicability

ISSUANCE OF VISAS, TEMPORARY RESIDENCE CARDS, AND SETTLEMENT OF PERMANENT RESIDENCE

Chapter II

Article 3. Procedures and authority for handling applications for visa issuance 1. Agencies, organizations, or individuals guaranteeing foreigners' entry into Vietnam under Clause 1, Article 16 of the Law on Entry into, Exit from, Transit through, and Residence of Foreigners in Vietnam (hereinafter referred to as the Law) shall directly submit the application at the Immigration Administration Department.

2. The application for visa issuance must follow the form prescribed by the Ministry of Public Security in Circular No. 04/2015/TT-BCA dated January 5, 2015, which stipulates related documents for entry into, exit from, and residence of foreigners in Vietnam, including:

a) Form NA2 for agencies and organizations;

b) Form NA3 for individuals.

3. Handling of visa issuance applications:

a) The Immigration Administration Department shall examine and resolve the application for visa issuance according to the provisions of Clause 3, Article 16 of the Law;

b) In cases where the visa issuance application is submitted at a border checkpoint, the Immigration Administration Department shall examine and resolve it according to the provisions of Clause 5, Article 16 of the Law.

Article 4. Procedures and authority for handling applications for temporary residence card issuance

1. Foreigners eligible for a temporary residence card under Clause 2, Article 36 of the Law must go through the agency, organization, or individual that has invited or guaranteed them to directly handle the procedures at the Immigration Administration Department or the Provincial Police Immigration Management Division where the inviting or guaranteeing agency, organization, or individual is located or resides.

2. The application dossier for a temporary residence card must comply with the provisions of Clause 1, Article 37 of the Law. The application for a temporary residence card mentioned in Point a, Clause 1, Article 37 of the Law must follow the form prescribed by the Ministry of Public Security in Circular No. 04/2015/TT-BCA dated January 5, 2015, which stipulates related documents for entry into, exit from, and residence of foreigners in Vietnam, including:

a) Forms NA6 and NA8 for agencies and organizations;

b) Forms NA7 and NA8 for individuals.

3. Issuance of temporary residence card

Within five working days from the date of receiving all necessary documents, the Immigration Administration Department or the Provincial Police Immigration Management Division shall issue the temporary residence card.

4. The validity period of the temporary residence card issued shall be consistent with the purpose of entry and the request of the agency, organization, or individual. The temporary residence card shall have a validity period of one to five years but shall be shorter than the validity period of the passport by at least thirty days.

Within five working days from the date of receiving all necessary documents, the Immigration Management Department or the Provincial Police's Exit-Entry Management Division shall consider issuing a temporary residence card.

4. The duration of the temporary residence card issued shall be consistent with the purpose of entry and the request of the agency, organization, or individual. The temporary residence card shall have a validity period of one to five years but must be at least thirty days shorter than the validity period of the passport.

Article 5. Permanent Residence Resolution

1. The procedures and authority for resolving permanent residence shall be carried out in accordance with Articles 41 and 42 of the Law.

2. Determining the time of temporary residence in Vietnam for foreigners applying for permanent residence:

a) Foreigners who have continuously resided in Vietnam for three years or more as stipulated in Clause 3, Article 40 of the Law shall be determined based on the entry inspection stamps and exit inspection stamps issued at border gates, with a total period of temporary residence in Vietnam of three years or more within the four most recent years up to the date of submitting the application for permanent residence.

3. Place to submit applications for permanent residence resolution:

a) Persons applying for permanent residence as stipulated in Clause 1 and Clause 2, Article 39 of the Law shall submit their applications to the Exit and Entry Administration Department.

b) Persons applying for permanent residence as stipulated in Clause 3 and Clause 4, Article 39 of the Law shall submit their applications to the Exit and Entry Administration Division of the Public Security Department of the province or centrally governed city where they apply for permanent residence.

Chapter III

PROCEDURES FOR ISSUING AND REISSUING EXIT AND ENTRY PERMITS FOR STATELESS PERSONS RESIDING IN VIETNAM

Article 6. Exit and Entry Permit

1. International travel documents as stipulated in Point i, Clause 1, Article 44 of the Law are exit and entry permits issued by the Exit and Entry Administration Department for stateless persons residing in Vietnam who need to depart (according to Model NC13 attached hereto).

2. The exit and entry permit has a validity period of three years; in cases of loss or damage, reissuance of the exit and entry permit will be considered.

Article 7. Procedures for Issuing and Reissuing Exit and Entry Permits

1. Applicants for issuing and reissuing exit and entry permits shall submit one set of application files to the Exit and Entry Administration Department or the Exit and Entry Administration Division of the Public Security Department of the province or centrally governed city where they reside. The file includes:

a) Application form for issuing and reissuing exit and entry permits (according to Model NC14 attached hereto);

d) Previously issued exit and entry permit, for cases requesting reissue due to damage to the exit and entry permit;

đ) Report of loss, for cases requesting reissue of the exit and entry permit due to loss (no confirmation from the competent authority where the loss occurred is required).

2. Processing of issuance and reissuance of exit and entry permits:

a) For cases submitting applications to the Exit and Entry Administration Department:

Within five working days from the date of receiving complete files, the Exit and Entry Administration Department will consider issuing and reissuing exit and entry permits.

b) For cases submitting applications to the Exit and Entry Administration Division of the Public Security Department of the province or centrally governed city:

Within three working days from the date of receiving complete files, the Exit and Entry Administration Division of the Public Security Department of the province or centrally governed city will consider and transfer the application for issuing and reissuing exit and entry permits to the Exit and Entry Administration Department. The Exit and Entry Administration Department will consider issuing and reissuing exit and entry permits within two working days.

Chapter IV

IMPLEMENTING PROVISIONS

Article 8. Transitional Provisions

1. Exit and entry permits valid before the effective date of this Circular may continue to be used until their expiration date.

2. Applications for visa issuance, temporary residence card issuance; issuance and reissuance of exit and entry permits; permanent residence resolution submitted before the effective date of this Circular but not yet resolved shall be reviewed and resolved according to this Circular.

Article 9. Effective Date

1. This Circular takes effect from August 20, 2015.

2. This Circular replaces Circular No. 45/2011/TT-BCA dated June 29, 2011 of the Minister of Public Security guiding the issuance of exit and entry permits for foreigners permanently residing in Vietnam without passports.

Article 10. Responsibility for Implementation

1. The National Security Agency is responsible for leading and guiding public security units and other related units to implement this Circular.

2. Heads of General Directorates, heads of units under the Ministry, Directors of Public Security, Fire Prevention and Fighting Police of provinces and centrally governed cities are responsible for implementing this Circular.

During the implementation of this Circular, if there are difficulties, public security units and localities shall report to the Ministry (through the Exit and Entry Administration Department - National Security Agency) for timely guidance./.