Circular No. 44/2011/TT-BCA guiding the issuance of permits for foreigners transiting Vietnam to tour and travel

CIRCULAR

Guidelines for Issuing Visas for Foreigners Transiting Vietnam for Tourism

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Pursuant to the Ordinance on Entry into, Exit from, and Residence of Foreigners in Vietnam 2000 and Decree No. 21/2001/NĐ-CP dated May 28, 2001 of the Government detailing the implementation of the Ordinance on Entry into, Exit from, and Residence of Foreigners in Vietnam;

Pursuant to Resolution No. 61/NQ-CP dated December 17, 2010 of the Government regarding simplification of administrative procedures within the scope of functions of the Ministry of Public Security;

Pursuant to Decree No. 77/2009/NĐ-CP dated September 15, 2009 stipulating the Functions, Tasks, Authorities, and Organizational Structure of the Ministry of Public Security;

The Ministry of Public Security hereby guides the issuance of Visas for Foreigners Transiting Vietnam for Tourism as follows:

Article 1. Scope of Regulation and Applicability

This Circular provides guidance on procedures for handling foreigners transiting Vietnam through international airport ports, international seaports (hereinafter referred to collectively as international ports) for tourism with a duration not exceeding 15 days.

Article 2. Conditions for Foreigners Transiting to Enter Vietnam for Tourism and Enterprises Organizing Such Tours for Foreigners

1. Foreigners transiting who wish to enter Vietnam for tourism must agree with an international travel agency about the program (the agreement may be made before or upon arrival at the port).

2. International travel agencies wishing to organize tours for foreigners transiting Vietnam for tourism must submit documents proving their legal status to the Immigration Management Department in accordance with Clause 2, Section I of Circular Jointly Issued by the Ministry of Public Security and the Ministry of Foreign Affairs No. 04/2002/TTLT/BCA-BNG dated January 29, 2002 guiding Decree No. 21/2001/NĐ-CP dated May 28, 2001 of the Government detailing the implementation of the Ordinance on Entry into, Exit from, and Residence of Foreigners in Vietnam.

Article 3. Procedures, Place of Receiving Applications, and Time Limit for Processing the Issuance of Visas for Tourism

1. International travel agencies shall apply for the visa at the Immigration Management Department, the application package includes:

- A letter requesting the issuance of the visa according to Form N27 (annexed hereto);

- The tour program for visiting Vietnam.

2. The Immigration Management Department: Within a maximum of one working day from receipt of the request, issue a response letter to the international travel agency according to Form N28 (annexed hereto); if the request is not granted, the reasons must be clearly stated.

3. Border Control Agencies at Ports: Immediately issue the Visa for Tourism according to Form N29 (annexed hereto) for those applicants approved.

Article 4. Validity Period of the Visa for Tourism

The Visa for Tourism shall have a validity period consistent with the transit time and the tour program for visiting Vietnam but not exceeding 15 days.

Article 5. Fees for Issuing the Visa for Tourism

Persons receiving the Visa for Tourism must pay fees as prescribed by the Ministry of Finance.

Article 6. Responsibilities of Transit Tourists Holding the Visa for Tourism

1. Fill out the application form according to Form N26 (annexed hereto); present passports and onward transportation tickets to another country.

2. Comply with Vietnamese laws; strictly follow the tour program registered with the Immigration Management Department by the enterprise and guided by the enterprise, and shall not combine it with other purposes.

Article 7. Responsibilities of International Travel Agencies

1. Process the issuance of Vietnam Tourist Permits in accordance with Clause 1 of Article 3 of this Circular.

2. Directly contact the Border Control Authority at the border gate to:

- Receive the Vietnam Tourist Permit;

- Pick up and organize tourists for sightseeing and travel according to the registered program.

3. During the organization of sightseeing and travel for tourists, if they stay overnight, the temporary residence registration must be carried out in accordance with the regulations for foreigners staying temporarily.

4. Directly escort tourists back to the border gate and process their departure formalities when the sightseeing and travel program ends.

5. Comply with the provisions set forth in Article 27 of Decree No. 21/2001/NĐ-CP dated May 28, 2001 of the Government detailing the implementation of the Ordinance on Entry, Exit, and Residence of Foreigners in Vietnam.

Article 8. Responsibilities of the Border Control Authority at the Border Gate

1. Handle entry formalities:

- Check the legality and validity of passports and onward journey tickets of transit passengers.

- Provide and guide passengers to fill out the application form for the Vietnam Tourist Permit; issue the Vietnam Tourist Permit according to the list and time approved by the Immigration Management Department.

- Process the entry stamping in the passport (no temporary residence certificate issued).

2. Handle exit formalities:

- Cross-check the passengers handed over by international travel agencies against the list recorded in the Vietnam Tourist Permit.

- Collect the Vietnam Tourist Permit and process the exit stamping in the passport.

Article 9. Responsibilities of the Immigration Management Department

1. Accept and process applications from international travel agencies in accordance with the provisions of this Circular.

2. Guide relevant agencies, organizations, and foreigners to implement this Circular.

3. Take the lead and coordinate with the Director of International Airports and the Director of International Sea Ports to unify the transit area boundaries; install signs indicating the transit area boundaries at international border gates.

4. Print and manage related forms for issuing the Vietnam Tourist Permit.

5. Conduct national statistics on foreigners transiting Vietnam for sightseeing and travel.

Article 10. Handling of violations

Any agency, organization, or individual violating this Circular shall be subject to handling according to the level and nature of the violation under Vietnamese law.

Article 11. Effective Date

1. This Circular takes effect from August 14, 2011, and replaces Decision No. 1279/2002/QĐ-BCA dated December 19, 2002, of the Minister of Public Security on the issuance of Regulations on the Management of Foreigners Transiting Vietnam for Sightseeing and Travel.

2. The heads of the General Departments, the heads of units directly under the Ministry, the Directors of Provincial Public Security Departments, and the Directors of Fire Prevention and Fighting Departments are responsible for implementing this Circular.

During implementation, if any issues arise, local public security units, relevant agencies, and organizations should report to the Ministry of Public Security (through the Immigration Management Department) for timely guidance.