✦ 스마트 요약
This Decree details the procedures for entry into, exit from, residence, and movement within Vietnam for foreigners, including visa issuance procedures, registration of residence, temporary residence management, and administrative penalties for violations. It applies to both permanent and temporary residents, with specific provisions regarding visa validity periods, responsibilities of immigration authorities, and related fees.
적용 범위
Foreigners wishing to enter, exit, reside, or move within Vietnam; immigration management agencies, Ministry of Public Security, Ministry of Foreign Affairs.
핵심 사항
- Foreigners must apply for a visa at the diplomatic missions of Vietnam abroad (except in cases where they hold a visa-exempt passport).
- An entry visa has a validity period not exceeding three months and may be extended for specific purposes.
- Permanent residents must register their residence within 48 hours of entry; temporary residents must register with the immigration management agency.
- Foreigners are not permitted to reside in areas requiring special security and defense protection.
- Administrative violations concerning entry, exit, residence will be penalized according to Decree No. 141-HĐBT.
🌐 이 문서의 사회적 영향
- Positive impact: Facilitates entry, exit, and residence for foreigners; enhances security and defense management.
- Negative impact: May cause difficulties in visa application and residence registration procedures; increases related fee costs.
❓ 자주 묻는 질문
What must foreigners do when entering Vietnam?
They must apply for a visa at the diplomatic missions of Vietnam abroad (except in cases where they hold a visa-exempt passport).
What is the validity period of an entry visa?
An entry visa has a validity period not exceeding three months and may be extended for specific purposes.
When must permanent residents register their residence?
Within 48 hours of entry.
Where are foreigners not allowed to reside?
They are not allowed to reside in areas requiring special security and defense protection such as border zones, defense industry zones, military zones, and border defense works.
How will administrative violations concerning entry be penalized?
They will be penalized according to Decree No. 141-HĐBT.
전문
DECREE
Detailed regulations for implementation of the Ordinance on Entry into, Exit from, Residence and Movement within Vietnam of Foreign Nationals
___________________________
THE GOVERNMENT
Pursuant to the Government Organization Law dated September 30, 1992;
Based on the Ordinance on Entry into, Exit from, Residence and Movement within Vietnam of Foreign Nationals dated February 21, 1992;
At the proposal of the Minister of Interior and the Minister of Foreign Affairs,
DECREE:
PART I
ENTRY, EXIT, AND TRANSIT
Article 1.
1. Foreign nationals wishing to enter Vietnam must apply for a visa at diplomatic missions, consular offices, or other authorized agencies of Vietnam abroad (hereinafter referred to collectively as Vietnamese representative offices abroad). In cases where foreign nationals hold passports exempted from visa requirements under visa exemption agreements with the Vietnamese Government, they are not required to apply for a visa but must declare the name of the organization or individual in Vietnam they will be working for or residing with.
2. Visa application procedures for Vietnam.
a) Each applicant must fill out two entry application forms according to the prescribed model by the immigration management agency in Vietnam (one form is submitted to the Vietnamese representative office abroad and one is submitted to the border gate police station upon entry); the form must have a recent photograph (photographs attached to the forms mentioned in this Decree must be taken within one year) measuring 4cm x 6cm, half-length, facing forward, without headwear.
b) Accompanying the application form:
- Passport or other travel documents recognized as equivalent to a passport;
- Documents proving the purpose and reason for entering Vietnam (if applicable), such as invitations from organizations, institutions, or individuals in Vietnam; signed cooperation contracts or memorandums of understanding with organizations, institutions, or individuals in Vietnam.
Foreign nationals may request permission to enter Vietnam through organizations, institutions, or individuals in Vietnam at the central immigration management agency of Vietnam. The Vietnamese representative office abroad will issue a visa when it receives permission from the central immigration management agency of Vietnam.
Article 2.
1. Foreign nationals who need to enter Vietnam urgently due to unforeseen emergencies, technical support for investment projects, medical treatment for serious illnesses, rescue operations following aircraft or maritime accidents, or natural disasters and epidemics, or those invited by organizations, institutions, or individuals in Vietnam for urgent purposes, shall be considered for issuance of a visa upon arrival at a Vietnamese border checkpoint.
2. Procedures for issuing visas at border checkpoints:
a) Foreign nationals applying for urgent entry into Vietnam must clearly state their reasons. Organizations, institutions, or individuals in Vietnam inviting foreign nationals for urgent entry must notify the central immigration management agency of this request at least 24 hours before the guest arrives at the border checkpoint.
b) The Chief of the International Border Police Station of Vietnam issues a visa for entry to foreign nationals after receiving approval from the central immigration management agency of Vietnam.
Article 3.
- Procedures for applying for an exit visa for foreign nationals permanently residing in Vietnam are as follows:
1. Each person must fill out two exit application forms according to the prescribed model by the immigration management agency in Vietnam, along with a certificate of permanent residence in Vietnam and three photographs.
2. Present the passport or other travel documents recognized as equivalent to a passport.
3. The immigration management agency will consider and issue an exit visa within three days from the date of receipt of a complete and valid application.
Article 4.
1. Visas for entry, exit, entry-exit, and exit-entry issued by Vietnam shall have a validity period of up to three months (90 days) and may be extended every three months, depending on the specific purpose of entry or exit.
In cases where foreign nationals enter Vietnam to implement investment projects or economic, cultural, or technical cooperation contracts, they may be granted an entry-exit or exit-entry visa with a validity period of up to one year (12 months) and may be extended annually, consistent with the duration of the contract or cooperation in Vietnam.
For staff members of diplomatic missions, international organizations' representative offices in Vietnam, foreign experts, and foreign nationals coming to Vietnam for study or medical treatment for more than two years, the visa validity period may be extended further, consistent with their term of service, study, or medical treatment period.
2. Vietnamese visas are single-entry; however, in cases where foreign nationals enter Vietnam to implement investment projects or signed cooperation contracts with one party in Vietnam, they may be granted an entry-exit or exit-entry visa with multiple entries within the validity period of the visa.
Article 5.
1. Foreign nationals temporarily residing in Vietnam wishing to extend their Vietnamese visa must submit an extension application to the competent Vietnamese authority as stipulated in Clause 3 of this Article before the visa expires. Specific procedures are as follows:
- Fill out an extension application form according to the prescribed model. Foreign nationals are not required to fill out the form if there is a letter from a Vietnamese agency or a foreign organization in Vietnam (the receiving agency) requesting an extension of the visa for that person.
- Attach the application form or the aforementioned letter with the passport or other travel documents recognized as equivalent to a passport and a temporary residence certificate in Vietnam.
If the validity period of the Vietnamese visa has expired but the temporary residence period in Vietnam still remains, there is no need to apply for an extension of the visa.
2. Foreign nationals temporarily residing in Vietnam wishing to amend or supplement information recorded in their Vietnamese visa must follow the procedures for extending the visa as stipulated in Clause 1 of this Article.
3. The Consular Department of the Ministry of Foreign Affairs will consider and decide on the extension, supplementation, and amendment of visas for foreign nationals entitled to diplomatic or consular privileges and immunities. Other foreign nationals outside the aforementioned category will have their visas extended, amended, or supplemented by the immigration management agency of the Ministry of Interior.
Article 6.
- Authority to revoke visas issued to foreign nationals as provided in Article 5 of the Ordinance on Entry into, Exit from, Residence and Movement within Vietnam of Foreign Nationals:
- The Immigration Management Department under the Ministry of Interior will review and decide to revoke all types of Vietnamese visas issued to foreign nationals not entitled to diplomatic or consular privileges and immunities.
- The Ministry of Foreign Affairs examines and decides to revoke all types of Vietnamese visas issued to foreigners enjoying diplomatic privileges and immunities.
Article 7.
1. Procedures for applying for, extending, and amending transit visas to Vietnam shall be carried out in accordance with Articles 1, 2, and 5 of this Decree.
2. A foreigner may only be considered for a transit visa to Vietnam if they intend to travel to another country and that country has agreed to their entry.
3. The validity period of a single-entry transit visa to Vietnam shall not exceed 15 days; in cases where both the departure and return journeys require transit through Vietnam, the duration will be determined according to each specific trip.
Chapter II
RESIDENCE AND TRAVEL
Article 8.
- Within 48 hours from the date of entry, foreigners must register their residence in accordance with the following provisions:
1. Foreigners falling under the following categories shall register at the Ministry of Foreign Affairs:
a) Representatives and accompanying personnel of foreign delegations visiting Vietnam for official visits or work as decided by the Central Party Secretariat, the President, the National Assembly Chairperson, or the Prime Minister.
b) Members of foreign diplomatic missions, consular offices, and representative offices of international organizations in Vietnam, including family members living with them in Vietnam.
c) Other foreigners enjoying diplomatic privileges and immunities granted by the Vietnamese Government.
2. Foreigners entering Vietnam who do not fall under the provisions of Clause 1 of this Article shall register at the immigration management agency.
3. The following cases are exempted from the registration procedure:
a) Transit foreigners who are exempted from transit visas in accordance with Clause 2 of Article 8 of the Ordinance on Entry, Exit, Residence, and Travel of Foreigners in Vietnam.
b) Foreigners entering Vietnam whose stay does not exceed 48 hours.
c) Foreigners using Vietnam as a transit route along the designated route by the competent Vietnamese authority and spending no more than three days (72 hours) within Vietnam.
Article 9.
- The registration procedures for foreigners at the competent Vietnamese state agencies (as stipulated in Clauses 1 and 2 of Article 8) are as follows:
1. For permanent residents:
a) Each person must submit two copies of the residence registration form prescribed by the Vietnamese immigration management agency, with photographs attached.
b) Present passports or other valid travel documents; entry-exit forms issued at Vietnamese border gates; and documents proving the purpose of permanent residence in Vietnam, which have been approved by the competent Vietnamese authority.
c) The agency receiving the residence registration form will issue a "Permanent Resident Certificate" to foreigners; this certificate is valid indefinitely and is issued to foreigners aged 14 and above; children under 14 years old living with their parents or guardians who are permanent residents in Vietnam will be recorded on the "Permanent Resident Certificate" of their parents or guardians.
The Ministry of Public Security shall specify the format and content of the "Permanent Resident Certificate."
2. For temporary residents:
a) Present passports or other valid travel documents and entry-exit forms to the competent authority as specified in Sub-clause b of this Clause.
b) Foreigners required to register at the Ministry of Foreign Affairs under Clause 1 of Article 8 of this Decree will be issued a "Temporary Resident Certificate" by the Ministry of Foreign Affairs; other foreigners will be issued a temporary resident certificate by the immigration management agency at the Vietnamese border gate.
c) The maximum validity period of a temporary resident certificate is one year (12 months) from the date of issuance and can be extended for up to one year each time, depending on the specific purpose of temporary residence. However, for foreign representatives of diplomatic missions, consular offices, and representative offices of international organizations in Vietnam, and those coming to Vietnam for study or medical treatment, the maximum validity period of the temporary resident certificate is three years (36 months), and it can be extended for up to one year each time, depending on the term of service or study and medical treatment period in Vietnam.
The Ministry of Public Security and the Ministry of Foreign Affairs shall specify the format and content of the temporary resident certificate issued to foreigners residing in Vietnam.
Article 10.
1. Permanent residents who change their registered address, occupation, or other information recorded in the "Permanent Resident Certificate" must apply for amendment or supplementary registration at the local immigration management agency; when a permanent resident moves abroad permanently or is deported, the immigration management agency will reclaim the "Permanent Resident Certificate."
2. Foreigners wishing to extend their temporary resident certificate or change their registered purpose of temporary residence must apply for extension or amendment with the Vietnamese agency that issued the temporary resident certificate.
3. The revocation of a temporary resident certificate already issued to a foreigner shall be reviewed and decided by the central immigration management agency in accordance with Clause 2 of Article 11 of the Ordinance on Entry, Exit, Residence, and Travel of Foreigners in Vietnam; in necessary cases, the central immigration management agency may reissue a temporary resident certificate suitable for the purpose and reason for temporary residence in Vietnam.
The central immigration management agency deciding to revoke a temporary resident certificate must notify the concerned party no later than three days from the date of the decision and inform relevant Vietnamese organizations or agencies.
For those required to register as temporary residents at the Ministry of Foreign Affairs, the revocation of the temporary resident certificate shall be carried out through diplomatic channels.
Article 11. Foreigners in Vietnam holding a "Permanent Resident Certificate" or a "Temporary Resident Certificate," when traveling outside their registered place of residence and staying overnight, must declare temporary residence to the hotel, guesthouse owner, or local authorities where they stay overnight.
Article 12.
1. Foreigners in Vietnam are not allowed to reside or travel in the following areas:
a) Border zones, including communes or administrative units adjacent to the national border.
b) National defense industrial zones, military areas, border defense works, air defense works, and sea defense works.
c) Other areas or locations with special security and defense protection requirements as designated by the Minister of Public Security or the Minister of Defense.
d) Areas temporarily determined by the Ministry of Public Security for reasons of political security and social order maintenance.
2. The areas mentioned in Clause 1 of this Article shall be announced or marked with signs or guarded, depending on the nature and characteristics of each area.
The Ministry of Public Security shall uniformly prescribe the forms for reporting the areas referred to above.
Article 13.
1. Foreign nationals wishing to enter the areas mentioned in Clause 1 of Article 12 of this Decree must have permission from the Prime Minister, the Minister of Public Security, or the Minister of Defense (specifically for defense areas). In cases where there are agreements or treaties between the Government of Vietnam and foreign governments or international organizations of the United Nations that differ from these provisions, such agreements or treaties shall apply.
2. Except for the cases mentioned in Clause 1 of this Article, foreign nationals residing legally in Vietnam do not need to obtain permission for travel.
3. Responsibilities for the movement and activities of foreign nationals temporarily residing in Vietnam within the territory of Vietnam are regulated as follows:
a) For foreign nationals coming to work at Vietnamese agencies and organizations, the Vietnamese agencies and organizations must manage their travel programs and activities and report to the immigration management agency.
b) For foreign tourists, Vietnamese international tourism businesses are responsible for picking up, guiding, and accompanying guests according to the travel itinerary sold.
c) Foreign nationals who are members of diplomatic missions, consular offices of foreign countries, and representative offices of international organizations of the United Nations, when traveling and operating in Vietnam, must follow the guidance of the Ministry of Foreign Affairs, in accordance with relevant international conventions and treaties to which Vietnam is a party.
d) For other cases of travel outside the registered place of residence, in addition to the regulations stipulated in Points a, b, and c of Clause 3 of this Article, foreign nationals must inform the hotel, guesthouse, inn owner, or welcoming organization and report to the immigration management agency.
Article 14. Foreign nationals transiting through Vietnam must follow the prescribed route from the entry checkpoint to the exit checkpoint in Vietnam as specified by the immigration management agency.
Chapter III
SYSTEM OF IMMIGRATION MANAGEMENT AGENCIES
Article 15.
1. The system of agencies managing and processing immigration procedures for foreigners entering, exiting, residing, and traveling in Vietnam is as follows:
a) The Consular Department under the Ministry of Foreign Affairs, the Provincial Department of Foreign Affairs, or the Foreign Affairs Office under the People's Committee of provinces and centrally-administered cities are responsible for managing and processing immigration procedures for foreigners entitled to diplomatic and consular privileges and immunities; members of diplomatic missions, consular offices, and international organizations of the United Nations, including family members.
b) The Immigration Management Department under the Ministry of Public Security, the Immigration Management Office under provincial public security departments, and border gate police stations are responsible for managing and processing immigration procedures for other foreigners (except those specified in Point a, Clause 1 of this Article).
c) Vietnamese diplomatic and consular missions or other Vietnamese representative offices abroad authorized by the Ministry of Foreign Affairs are responsible for processing immigration procedures for foreigners according to the authority stipulated in Chapter I of this Decree.
2. The Minister of Public Security and the Minister of Foreign Affairs shall specify the organizational structure and specific tasks of immigration management agencies both domestically and abroad, ensuring the implementation of duties and powers as prescribed by the Ordinance and this Decree.
Chapter IV
FINAL PROVISIONS
Article 16.
1. Foreigners applying for issuance, extension, amendment, or supplement of visas, "residence certificates," travel permits, extension, amendment, or supplement of "temporary residence certificates" must pay fees.
2. The Ministry of Finance, the Ministry of Public Security, and the Ministry of Foreign Affairs shall provide detailed regulations on the collection of fees as stipulated in Clause 1 of this Article.
Article 17.
1. Administrative violations related to entry, exit, residence, and travel of foreigners in Vietnam shall be applied according to the provisions of Articles 6, 15, and 16 of Decree No. 141-HĐBT dated April 25, 1991 of the Council of Ministers on administrative penalties in the field of security and public order.
2. Principles, procedures, and authority for imposing administrative penalties on administrative violations committed by foreigners shall be applied according to the provisions of the Administrative Penalties Ordinance and Decree No. 141-HĐBT of the Council of Ministers on administrative penalties in the field of security and public order.
Article 18. This Decree replaces Decree No. 83-CP dated June 10, 1961 of the Council of Ministers on foreigners requesting entry, exit, and transit through Vietnam, and Decree No. 286-TTg dated July 31, 1959 of the Prime Minister on registration rules for foreigners arriving in Vietnam, and becomes effective from the date of promulgation. Previous regulations contrary to this Decree are abolished.
Article 19. The Ministry of Public Security and the Ministry of Foreign Affairs are responsible for guiding and organizing the implementation according to the tasks and powers prescribed in the Ordinance on Entry, Exit, Residence, and Travel of Foreigners in Vietnam and this Decree./.
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4-CP
Decree No. 4-CP detailing the implementation of the Ordinance on Entry into, Exit from, Residence, and Movement within Vietnam for Foreigners
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관련 2
1117/1998/QĐ-UB
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