This Law stipulates entry into, exit from, transit through, and residence of foreigners in Vietnam, including provisions on state management authority, responsibilities of relevant agencies such as the Ministry of Public Security, the Ministry of Foreign Affairs, the Ministry of National Defense, and other ministries and equivalent agencies. The Law also stipulates entry and exit documents, residence permits, and measures to handle violations.
Scope of application
Foreigners entering Vietnam
Key points
- Unified state management over entry into, exit from, transit through, and residence of foreigners in Vietnam
- Is responsible before the Government for the main implementation of state management over entry into, exit from, transit through, and residence of foreigners in Vietnam
- Cooperate with the Ministry of Public Security to implement management activities over entry into, exit from, transit through, and residence of foreigners in Vietnam
- Control entry into, exit from, and transit through at international border gates in accordance with the provisions of the law
- Issue documents allowing entry into, exit from, and residence of foreigners in Vietnam
🌐 Social impact of this document
- Strengthen state management over entry into, exit from, transit through, and residence of foreigners
- Develop international relations through international cooperation in the fields of entry into, exit from, transit through, and residence
❓ Frequently asked questions
Can foreigners apply for a temporary residence card in Vietnam?
Yes, foreigners are permitted to apply for a temporary residence card if they meet the conditions stipulated by the Law.
Which ministry is primarily responsible for managing entry into and exit from Vietnam for foreigners?
The Ministry of Public Security is the agency responsible for the main implementation of state management over entry into, exit from, transit through, and residence of foreigners in Vietnam.
Full text
LAW
ENTRY, EXIT, TRANSIT, AND RESIDENCE
OF FOREIGNERS IN VIETNAM
__________________
Pursuant to the Constitution of the Socialist Republic of Vietnam, Issuing this Circular to amend and supplement certain articles of Circular No. 12/2020/TT-BGTVT dated May 29, 2020, issued by the Minister of Transport regarding the organization and management of road passenger transport activities by motor vehicles and related support services.
The National Assembly promulgates this Law onEntry, Exit, Transit, and Residence of Foreigners in Vietnam South.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
This Law stipulates principles, conditions, procedures, formalities, rights, and obligations of foreigners entering, exiting, transiting, and residing in Vietnam; rights and responsibilities of Vietnamese state management agencies, organizations, and individuals involved in the activities of entry, exit, transit, and residence of foreigners in Vietnam.
Article 2. Applicability
This Law applies to foreigners entering, exiting, transiting, and residing in Vietnam, Vietnamese state management agencies, Vietnamese and foreign organizations and individuals related to these activities.
Article 3. Explanation of Terms
In this Law, the following terms are understood as follows:
1. Foreigners refers to foreigners holding foreign nationality identification documents and stateless persons entering, exiting, transiting, and residing in Vietnam.
2. Supervising organizations practicing notarizationforeign nationality identification document means a type of document issued by the competent authority of a foreign country or the United Nations, including passports or travel documents that replace passports (hereinafter referred to collectively as passports).
3. International travel document means a type of document issued by the competent authority of a country for stateless persons residing in that country and approved by the competent authority of Vietnam.
4. Entry refers to the act of foreigners entering the territory of Vietnam through Vietnamese border gates.
5. Transit refers to the act of foreigners passing through or staying in the transit area at international border gates of Vietnam to go to a third country.
6. Exit refers to the act of foreigners leaving the territory of Vietnam through Vietnamese border gates.
7. Temporary suspension of exit refers to the decision of a Vietnamese authorized person to temporarily halt the exit of foreigners residing in Vietnam for a limited period.
8. Forced exit refers to the decision of a Vietnamese authorized person requiring foreigners to leave the territory of Vietnam through Vietnamese border gates.
9. Residence refers to the act of foreigners permanently or temporarily residing in Vietnam.
10. Border Gate refers to the place where foreigners are permitted to enter, exit, and transit.
11. Visa means a type of document issued by the competent authority of Vietnam allowing foreigners to enter Vietnam.
12. Temporary residence certificate refers to the determination by the competent authority of Vietnam of the duration for which foreigners are permitted to temporarily reside in Vietnam.
13. Temporary residence card means a type of document issued by the immigration management agency or the competent authority of the Ministry of Foreign Affairs for foreigners permitted to reside in Vietnam for a limited period and which replaces the visa.
14. Permanent residence card means a type of document issued by the immigration management agency for foreigners permitted to reside in Vietnam indefinitely and which replaces the visa.
15. Immigration Management Agency refers to a specialized agency under the Ministry of Public Security responsible for managing the entry, exit, transit, and residence of foreigners in Vietnam.
16. Border Control Unit refers to a specialized unit responsible for controlling the entry, exit, and transit of foreigners at border gates.
Article 4. Principles for Entry, Exit, Transit, and Residence
1. Compliance with the provisions of this Law, other relevant laws of Vietnam, or international treaties to which Vietnam is a member.
2. Respect for independence, sovereignty, unity, and territorial integrity; ensuring national security, public order, and social safety; equality in international relations.
3. Ensuring transparency and convenience for foreigners; strict and unified management of foreign nationals' entry, exit, transit, and residence activities in Vietnam.
4. Foreigners holding multiple passports may only use one passport for entry, exit, transit, and residence in Vietnam.
Article 5. Prohibited acts
1. Obstructing foreigners and related agencies, organizations, or individuals from exercising their rights, obligations, and responsibilities under the law on foreigners' entry, exit, transit, and residence in Vietnam.
2. Establishing procedures, documents, or fees contrary to the provisions of this Law and other relevant laws; harassing or causing inconvenience in the process of foreigners' entry, exit, transit, and residence in Vietnam.
3. Entering, exiting, transiting, or residing illegally in Vietnam; forging or using fake documents for entry, exit, transit, or residence in Vietnam.
4. Providing false information or materials to obtain entry, exit, transit, or residence in Vietnam.
5. Exploiting entry, exit, transit, or residence in Vietnam to oppose the Socialist Republic of Vietnam; infringing upon the legitimate rights and interests of agencies, organizations, or individuals.
6. Buying, selling, renting, lending, erasing, altering the contents of documents valid for entry, exit, or residence to enable foreigners to enter, exit, transit, or reside in Vietnam.
Article 6. Revocation and Cancellation of Documents Valid for Entry, Exit, and Residence Issued by Competent Authorities of Vietnam
Foreigners who violate the provisions of Clauses 3, 4, 5, and 6 of Article 5; Clause 3 of Article 21; Point b of Clause 2 of Article 44 of this Law shall have their documents valid for entry, exit, and residence in Vietnam revoked or canceled.
Chapter II
VISAS
1. A visa is valid for single or multiple entries and cannot be converted for another purpose.
2. A visa is issued individually to each person, except in cases where children under 14 years old share a passport with their parent or guardian.
Article 8. Visa Codes
1. NG1 - Issued to members of the guest delegation of the General Secretary of the Central Committee of the Communist Party of Vietnam,
2. NG2 - Issued to members of the guest delegation of the Standing Member of the Central Committee of the Communist Party of Vietnam, Deputy President, Deputy Chairman of the National Assembly, Deputy Prime Minister, Chairman of the Central Committee of the Vietnam Fatherland Front, Chief Justice of the Supreme People's Court, Prosecutor General of the Supreme People's Procuracy, State Auditor General; members of the guest delegation of equivalent rank of Ministers, Provincial Party Secretaries, Municipal Party Secretaries, Chairmen of Provincial People's Councils, Chairmen of Provincial People's Committees directly under the central government. President of the State, Vice Chairman of the National Assembly, Deputy Prime Minister of the Government, Chairman of the Vietnam Fatherland Front Central Committee, Chief Justice of the Supreme People's Court, Procurator-General of the Supreme People's Procuracy, Auditor General; equivalent-level guests of Ministers and their equivalents, Secretary of the Provincial Party Committee, Secretary of the Municipal Party Committee, Chairperson of the Provincial People's Council, Chairperson of the People's Committee of centrally governed cities and provinces. Vice President of the State, Vice Chairman of the National Assembly, Deputy Prime Minister of the Government, Chairman of the Vietnam Fatherland Front Central Committee, Chief Justice of the Supreme People's Court, Procurator-General of the Supreme People's Procuracy, Auditor General; equivalent-level guests of Ministers and their equivalents, Secretary of the Provincial Party Committee, Secretary of the Municipal Party Committee, Chairperson of the Provincial People's Council, Chairperson of the People's Committee of centrally governed cities and provinces. the Supreme People's Procuratorate, the General Inspectorate of State; guests of honor at the same level as ministers and equivalents, Secretaries of Provincial Party Committees, Secretaries of Municipal Party Committees, Chairpersons of Provincial People's Councils, Chairpersons of Provincial People's Committees, and Chairpersons of Municipal People's Committees directly under the Central Government.
3. NG3 - Issued to members of diplomatic missions, consular offices, representative offices of international organizations under the United Nations, representative offices of intergovernmental organizations, and their spouses, children under 18 years old, and accompanying staff during their term of service.
5. LV1 - Issued to persons working with departments, agencies, units directly under the Central Committee of the Communist Party of Vietnam; the National Assembly, Government, Central Committee of the Vietnam Fatherland Front, Supreme People's Court, Supreme People's Procuracy, State Audit Office, ministries, ministerial-level agencies, government agencies; provincial party committees, municipal party committees, provincial people's councils, provincial people's committees directly under the central government.
6. LV2 - Issued to persons working with political-social organizations, social organizations, Vietnam Chamber of Commerce and Industry.
9. NN1 - Issued to persons serving as heads of representative offices or projects of international organizations or non-governmental organizations from abroad in Vietnam.
10. NN2 - Issued to persons serving as heads of representative offices or branches of foreign traders, representative offices of economic, cultural organizations, and other specialized organizations from abroad in Vietnam.
11. NN3 - Issued to persons working with non-governmental organizations from abroad, representative offices, branches of foreign traders, representative offices of economic, cultural organizations, and other specialized organizations from abroad in Vietnam.
12. DH - Issued to persons coming for internships or study.
13. HN - Issued to persons attending conferences or seminars.
14. PV1 - Issued to resident journalists and press correspondents in Vietnam.
15. PV2 - Issued to journalists and press correspondents for short-term activities in Vietnam.
17. DL - Issued to persons coming for tourism.
19. VR - Issued to persons coming to visit relatives or for other purposes.
Article 9. Validity Period of Visas
7. Expired visas may be considered for issuance of new visas.
Article 10. Conditions for Issuing Visas
1. Possession of a passport or international travel document.
3. Not falling under the cases prohibited from entry as specified in Article 21 of this Law.
a) Foreigners entering for investment purposes must provide proof of investment in Vietnam as prescribed by the Investment Law;
b) Foreign lawyers practicing in Vietnam must provide a license to practice as prescribed by the Lawyers Law;
c) Foreign workers must provide a work permit as prescribed by the Labor Code;
d) Foreign students must provide an acceptance letter from a school or educational institution in Vietnam.
Article 11. Cases Eligible for Separate Visa Issuance
1. Passports that have run out of visa pages.
2. Passports issued by countries without diplomatic relations with Vietnam.
3. International travel documents.
Article 12. Cases Eligible for Visa Exemption
1. As per international treaties to which Vietnam is a party.
2. Using a permanent residence card or temporary residence card as prescribed by this Law.
4. As prescribed in Article 13 of this Law.
5. Overseas Vietnamese citizens holding passports or international travel documents issued by foreign competent authorities and their spouses, children who are foreigners; foreigners who are spouses or children of Vietnamese citizens are exempted from visa requirements according to the Government's regulations.
Article 13. Unilateral Visa Exemption
1. A decision on unilateral visa exemption for citizens of a country must meet the following conditions:
a) Having diplomatic relations with Vietnam;
b) Being consistent with Vietnam’s socio-economic development and foreign policy at each stage;
c) Not harming Vietnam’s national defense, security, and social order and safety.
2. A decision on unilateral visa exemption has a validity period not exceeding five years and can be reviewed for extension. Such a decision will be revoked if it does not meet the conditions stipulated in Clause 1 of this Article.
3. Based on the provisions of this Article, the Government decides on unilateral visa exemptions with a validity period for specific countries.
Article 14. Organizations and Individuals Inviting and Sponsoring Foreign Nationals
1. Organizations and individuals inviting and sponsoring foreign nationals to enter Vietnam as stipulated in Clause 2, Article 10 of this Law include:
a) General Secretary of the Central Committee of the Communist Party of Vietnam, President, Chairman of the National Assembly, Prime Minister;
b) Standing Deputy General Secretary of the Central Committee of the Communist Party of Vietnam, Vice President, Vice Chairman of the National Assembly, Deputy Prime Minister, Chairman of the Central Committee of the Vietnam Fatherland Front, Chief Justice of the Supreme People's Court, Procurator-General of the Supreme People's Procuracy, State Auditor General, Ministers and equivalents; Provincial Party Secretaries, City Party Secretaries, Chairmen of Provincial People's Councils, Chairmen of Provincial People's Committees directly under the central government;
c) Departments, agencies, units directly under the Central Committee of the Communist Party of Vietnam, agencies of the National Assembly, agencies under the Standing Committee of the National Assembly, the Central Committee of the Vietnam Fatherland Front, the Supreme People's Court, the Supreme People's Procuracy, the State Audit Office, ministries, agencies equivalent to ministries, and agencies under the Government;
d) Provincial Party Committees, City Party Committees, Provincial People's Councils, Provincial People's Committees directly under the central government;
đ) Central agencies of political-social organizations, social organizations, Vietnam Chamber of Commerce and Industry;
e) Enterprises established under Vietnamese law;
g) Diplomatic missions, consular offices, representative offices of international organizations of the United Nations and intergovernmental organizations in Vietnam;
h) Representative offices, branches of foreign traders; representative offices of foreign economic, cultural, and other specialized organizations in Vietnam;
i) Other organizations having legal personality as prescribed by Vietnamese law;
k) Vietnamese citizens permanently residing in Vietnam, foreigners holding permanent residence cards or temporary residence cards.
2. Organizations and entities inviting and sponsoring foreign nationals must be consistent with their functions, tasks, and powers as prescribed by law or operating licenses granted. Vietnamese citizens permanently residing in Vietnam and foreigners holding permanent residence cards or temporary residence cards must invite and sponsor foreign nationals to visit Vietnam and must provide proof of relationship with the invited or sponsored person.
Article 15. Procedure for Inviting and Guaranteeing Foreign Nationals to Enter the Country at the Authority of the Ministry of Foreign Affairs
1. Foreign nationals falling within the scope prescribed in Clauses 1, 2, 3, and 4 of Article 8 of this Law shall have their invitation and guarantee organizations submit a written request for visa issuance to the authority of the Ministry of Foreign Affairs.
2. The organizations inviting and guaranteeing foreign nationals as prescribed in Clauses 1 and 2 of Article 8 of this Law shall notify in writing the authority of the Ministry of Foreign Affairs to direct the Vietnamese visa-issuing authority abroad to issue visas if required, while simultaneously notifying the immigration management agency.
3. Organizations inviting and guaranteeing foreign nationals as prescribed in Clauses 3 and 4 of Article 8 of this Law shall directly submit a written request for visa issuance to the authority of the Ministry of Foreign Affairs. The authority of the Ministry of Foreign Affairs shall notify in writing the immigration management agency. Within two working days, if the immigration management agency does not provide comments, the authority of the Ministry of Foreign Affairs shall respond to the invitation and guarantee organizations and notify the Vietnamese visa-issuing authority abroad to issue visas if required.
4. In cases where a visa is requested at an international border checkpoint, it must clearly specify the border checkpoint, entry time, and reasons for requesting a visa at the checkpoint.
5. After receiving the written response from the authority of the Ministry of Foreign Affairs, the organizations inviting and guaranteeing foreign nationals entering Vietnam shall notify the foreign nationals to complete the procedures for receiving visas at the Vietnamese visa-issuing authority abroad.
6. Organizations requesting visa issuance for foreign nationals at the Vietnamese visa-issuing authority abroad must settle with the authority of the Ministry of Foreign Affairs the fee for implementing the notification of visa issuance.
1. Foreign nationals not falling within the scope prescribed in Clauses 1, 2, 3, and 4 of Article 8 of this Law must go through the procedures at the immigration management agency through the invitation and guarantee organizations. Invitation and guarantee organizations for foreign nationals shall directly submit a written request for visa issuance to the immigration management agency.
2. Before going through the procedures for inviting and guaranteeing foreign nationals to enter Vietnam, social organizations, enterprises, other organizations with legal personality under Vietnamese law, branches of foreign traders, representative offices of foreign economic, cultural, and specialized organizations in Vietnam must send a written notice to the immigration management agency along with the dossier, including:
a) A certified copy of the permit or decision of the competent authority regarding the establishment of the organization;
b) A letter introducing the seal and signature of the authorized person of the organization.
The notification shall only be carried out once, and any changes in the dossier content must be supplemented in the notification.
3. Within five working days from the date of receipt of the written request for visa issuance, the immigration management agency shall examine, resolve, and reply to the invitation and guarantee organizations and notify the Vietnamese visa-issuing authority abroad.
4. After receiving the written response from the immigration management agency, the invitation and guarantee organizations for foreign nationals entering Vietnam shall notify the foreign nationals to complete the procedures for receiving visas at the Vietnamese visa-issuing authority abroad.
5. In cases where a visa is requested at an international border checkpoint, the immigration management agency shall examine and resolve within three working days from the date of receipt of all necessary documents for the cases prescribed in points a, b, c, and d of Clause 1 of Article 18 of this Law; within twelve hours from the date of receipt of all necessary documents for the cases prescribed in point e of Clause 1 of Article 18 of this Law.
6. Organizations and individuals requesting visa issuance for foreign nationals at the Vietnamese visa-issuing authority abroad must settle with the immigration management agency the fee for implementing the notification of visa issuance.
Article 17. Issuance of Visas at Vietnamese Competent Authorities Abroad
1. Within one working day from the date of receiving instructions from the competent authority of the Ministry of Foreign Affairs and the passport, along with the visa application form affixed with photograph for cases stipulated in Clause 2, Article 15 of this Law, the Vietnamese competent authority abroad shall issue the visa.
2. In cases not covered by Clause 1 of this Article, after receiving notification from the inviting or sponsoring organization or individual, foreign nationals required to have a visa shall submit their passports, visa application forms, and photographs to the Vietnamese competent authority abroad. Children under 14 years old sharing a passport with their parent or guardian do not need to apply separately for a visa if they share a passport with their parent or guardian.
Within three working days from the date of receiving notification from the immigration management agency or the competent authority of the Ministry of Foreign Affairs, the Vietnamese competent authority abroad shall issue the visa.
3. The head of the Vietnamese competent authority abroad shall issue a visa valid for up to 30 days for foreign nationals who require entry to Vietnam for market survey, tourism, visiting relatives, or medical treatment in the following cases:
a) Individuals having work relations with the Vietnamese competent authority abroad and their spouses, children, or individuals with a request letter from the competent authority of the host country's Ministry of Foreign Affairs;
b) Individuals holding a diplomatic note of guarantee issued by the diplomatic mission or consulate of their country in the host country.
4. After issuing a visa for cases stipulated in Clause 3 of this Article, the head of the Vietnamese competent authority abroad must notify the immigration management agency and be responsible for the issuance of the visa.
Article 18. Issuance of Visas at International Border Gates
1. Foreign nationals may be issued visas at international border gates in the following cases:
a) Departing from a country without a Vietnamese competent authority to issue visas;
b) Having transited through multiple countries before arriving in Vietnam;
c) Entering Vietnam for sightseeing or tourism according to a program organized by an international travel agency in Vietnam;
d) Foreign seafarers on board ships docked at a Vietnamese port wishing to depart through another border gate;
đ) Entering to attend a funeral of a close relative or visit a seriously ill family member;
e) Entering Vietnam to handle urgent incidents, rescue operations, disaster prevention, epidemic control, or other special reasons upon request of a Vietnamese competent authority.
2. Foreign nationals issued visas at international border gates shall submit their passports or travel documents, and fill out the visa application form affixed with a photograph at the immigration control unit. Children under 14 years old can share the visa application form with their parent or guardian if they share a passport with them.
3. The immigration control unit shall check and verify against notifications from the immigration management agency to issue the visa.
1. Foreign nationals temporarily residing in Vietnam who need to obtain a new visa must request the inviting or sponsoring organization or individual to handle the procedures at the exit and entry management authority or the competent authority of the Ministry of Foreign Affairs.
2. The inviting or sponsoring organization or individual referred to in Clause 1 of this Article shall directly submit a written application for visa issuance along with the foreign national's passport or international travel document to the exit and entry management authority or the competent authority of the Ministry of Foreign Affairs.
3. Within five working days from the date of receiving all necessary documents, the exit and entry management authority or the competent authority of the Ministry of Foreign Affairs shall examine and issue the visa.
Chapter III
ENTRY
Foreign nationals may enter when they meet the following conditions:
1. Passport or international travel document and visa. For those entering under the visa exemption scheme, their passports must be valid for at least six months and must be at least thirty days since their last departure from Vietnam.
2. Not falling within the cases prohibited from entry as stipulated in Article 21 of this Law.
Article 21. Cases Prohibited from Entry
1. Not meeting the conditions specified in Clause 1 of Article 20 of this Law.
2. Children under fourteen years old without parents, guardians, or authorized persons accompanying them.
3. Falsifying documents or making false declarations to obtain entry and exit documents or residence permits.
4. Persons suffering from mental illness or infectious diseases that pose a danger to public health.
5. Having been deported from Vietnam not more than three years from the effective date of the deportation decision.
6. Having been ordered to leave Vietnam not more than six months from the effective date of the expulsion decision.
7. Due to disease prevention and control measures.
8. Due to natural disasters.
9. Due to national defense, security, public order, and social safety reasons.
Article 22. Authority to Decide on Prohibition of Entry
1. The head of the exit and entry inspection unit decides to prohibit entry for cases specified in Clauses 1, 2, 3, 4, 5, and 6 of Article 21 of this Law.
2. The Minister of Health decides to prohibit entry for cases specified in Clause 7 of Article 21 of this Law.
3. The Minister of Agriculture and Rural Development decides to prohibit entry for cases specified in Clause 8 of Article 21 of this Law.
4. The Minister of Public Security and the Minister of National Defense decide to prohibit entry for cases specified in Clause 9 of Article 21 of this Law.
5. The person authorized to make a decision prohibiting entry has the authority to lift such prohibition and bears legal responsibility for their decision.
Chapter IV
TRANSIT
Article 23. Conditions for Transit
Foreign nationals may transit when they meet the following conditions:
1. Passport or international travel document.
2. Suitable transportation ticket for the onward journey to a third country.
3. Visa of the third country, except in cases where a visa is exempted.
Article 24. Transit Area
1. The transit area is a zone within an international border gate where foreign nationals can stay to proceed to a third country.
2. The transit area is determined by the competent authority managing the international border gate.
Article 25. Transit through Air Routes
1. Foreign nationals transiting through air routes are exempt from visa requirements and must remain within the transit area at international airports during the waiting period for their flights.
2. During the transit period, foreign nationals who wish to visit Vietnam for sightseeing or tourism according to programs organized by international travel enterprises in Vietnam shall be considered for issuance of a visa appropriate to the duration of the transit.
Article 26. Transit through Sea Routes
Foreign nationals transiting through sea routes are exempt from visa requirements and must remain within the transit area at seaport checkpoints while their ships or boats are anchored; if they wish to visit inland areas for sightseeing or tourism according to programs organized by international travel enterprises in Vietnam, they shall be considered for issuance of a visa appropriate to the duration of the transit; if they wish to depart through another checkpoint, they shall be considered for issuance of a visa marked VR.
Chapter V
DEPARTURE
Foreign nationals may depart when they meet all of the following conditions:
1. Passport or international travel document.
2. Temporary residence certificate or temporary residence card, permanent residence card still valid.
3. Not subject to temporary suspension of departure as provided for in Article 28 of this Law.
Article 28. Cases Subject to Temporary Suspension of Departure and Duration of Such Suspension
1. Foreign nationals may be temporarily suspended from departing if they fall under any of the following cases:
a) Being a suspect, defendant, or person with related obligations in a criminal case, or being a defendant, plaintiff, or person with related obligations in a civil, commercial, labor, administrative, marriage and family dispute;
b) Having an obligation to enforce a court judgment or decision, or a decision of the Competition Council;
c) Having not completed tax payment obligations;
d) Having an obligation to enforce an administrative violation penalty decision;
đ) For reasons of national defense and security.
2. The cases prescribed in Clause 1 of this Article do not apply to persons serving a prison sentence and being escorted out of the country to provide evidence as stipulated in Article 25 of the Mutual Legal Assistance Law.
3. The duration of temporary suspension of departure shall not exceed three years and may be extended.
Article 29. Authority to Decide on Temporary Suspension of Departure, Extension of Temporary Suspension of Departure, and Release from Temporary Suspension of Departure
1. Heads of investigation agencies, Procurator Generals of the People's Procuracy, Presidents of Courts, Heads of enforcement agencies, Chairpersons of Competition Councils within the scope of their duties and powers decide on temporary suspension of departure for cases prescribed in point a and point b Clause 1 of Article 28 of this Law.
2. Heads of tax management agencies decide on temporary suspension of departure for cases prescribed in point c Clause 1 of Article 28 of this Law.
3. The Minister of Public Security decides on temporary suspension of departure for foreign nationals prescribed in point d Clause 1 of Article 28 of this Law in the following cases:
a) Having an obligation to enforce an administrative violation penalty decision of public security agencies;
b) Upon the request of the President of the Supreme People's Court, Ministers, Heads of ministerial-level agencies, Chairpersons of provincial-level city People's Committees.
4. The Minister of Public Security and the Minister of National Defense decide on temporary suspension of departure for cases prescribed in point đ Clause 1 of Article 28 of this Law.
5. The authority issuing the decision on temporary suspension of departure has the authority to extend the temporary suspension of departure, release from temporary suspension of departure, and bears responsibility under the law for their decisions. The authority issuing the decision on temporary suspension of departure is responsible for issuing the decision on release from temporary suspension of departure immediately after the conditions for temporary suspension no longer exist.
6. Decisions on temporary suspension of departure, extension of temporary suspension of departure, and release from temporary suspension of departure shall be promptly sent to the agency managing entry and exit and announced to the person subject to temporary suspension of departure for implementation.
7. After receiving the decision on temporary suspension of departure, extension of temporary suspension of departure, and release from temporary suspension of departure, the agency managing entry and exit shall be responsible for organizing its implementation.
Article 30. Forced Departure
1. Foreign nationals may be subject to forced departure in the following cases:
a) Exceeding the temporary stay period without departing;
b) For reasons of national defense, security, public order, and social safety.
2. The authority to decide on forced departure is as follows:
a) The immigration management agency decides on forced departure for cases stipulated in point a, Clause 1 of this Article;
b) The Minister of Public Security and the Minister of National Defense decide on forced departure for cases stipulated in point b, Clause 1 of this Article.
Chapter VI
RESIDENCE
Section 1
TEMPORARY STAY
Article 31. Temporary Stay Certificate
a) The temporary stay period is equal to the visa validity period; if the visa has a remaining validity period not exceeding 15 days, a temporary stay of 15 days will be granted; if the visa is marked DT, LD, a temporary stay not exceeding 12 months will be granted and consideration will be given for issuance of a temporary residence card;
b) For foreign nationals exempt from visas under international treaties to which Vietnam is a party, the temporary stay period is determined according to the provisions of the treaty; if the treaty does not specify a temporary stay period, a temporary stay of 30 days will be granted;
c) For foreign nationals holding a permanent residence card or a valid temporary residence card, no temporary stay certificate will be issued;
2. Foreign nationals are allowed to temporarily reside in Vietnam within the validity period of the temporary stay certificate issued.
3. The temporary stay period may be canceled or shortened by the immigration management agency in cases where foreign nationals violate Vietnamese laws.
Article 32. Accommodation Facilities
An accommodation facility is a place of temporary stay for foreign nationals on Vietnamese territory, including tourist accommodation facilities, guesthouses, residential areas for foreign nationals working, studying, training, medical examination and treatment facilities, private residences, or other accommodation facilities as prescribed by law.
1. Foreign nationals 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, or police post where the accommodation facility is located.
2. The person directly managing and operating the accommodation facility is responsible for fully completing the temporary stay declaration form for foreign nationals and transferring it to the police station of the commune, ward, town, or police post where the accommodation facility is located within 12 hours; for remote areas, within 24 hours from the time the foreign national arrives at the accommodation facility.
3. Tourist accommodation facilities such as hotels must connect to the internet or computer network with the provincial-level immigration management agency to transmit information about the temporary stay declaration of foreign nationals. Other accommodation facilities with internet access can send the temporary stay declaration information of foreign nationals directly via the public email box of the provincial-level immigration management agency.
4. Foreign nationals who change their place of temporary stay or temporarily stay outside the address recorded in their permanent residence card must declare their temporary stay in accordance with Clause 1 of this Article.
Article 34. Temporary Residence in Industrial Zones, Export Processing Zones, Border Economic Zones, Coastal Economic Zones, Border Areas, and Special Administrative-Economic Units
1. Foreigners may reside temporarily at accommodation facilities in industrial zones, export processing zones, border economic zones, coastal economic zones, and shall declare temporary residence in accordance with Article 33 of this Law.
Article 35. Extension of Temporary Residence
1. Foreigners currently residing temporarily in Vietnam who wish to extend their temporary residence must request the inviting or sponsoring entity, organization, or individual to handle the procedures at the immigration management agency or the competent authority of the Ministry of Foreign Affairs.
2. The inviting or sponsoring entity, organization, or individual specified in Clause 1 of this Article shall directly submit the application for extension of temporary residence along with the passport or international travel document of the foreigner to the competent authority of the Ministry of Foreign Affairs for cases stipulated in Clauses 1, 2, 3, and 4 of Article 8 of this Law, and to the immigration management agency for cases stipulated in Clause 1 of Article 16 of this Law.
3. Within five working days from the date of receipt of complete files, the immigration management agency or the competent authority of the Ministry of Foreign Affairs shall consider the extension of temporary residence.
1. Foreigners who are members of diplomatic missions, consular offices, representative offices of United Nations organizations, intergovernmental organizations in Vietnam, and their spouses, children under 18 years old, and accompanying domestic helpers shall be issued temporary residence cards marked NG3.
2. Foreigners holding visas marked LV1, LV2, ĐT, NN1, NN2, DH, PV1, LĐ, TT shall be eligible for issuance of temporary residence cards bearing similar markings as those on the visas.
Article 37. Procedures for Issuing Temporary Residence Cards
1. The application dossier for issuing a temporary residence card includes:
a) A request letter from the inviting or sponsoring entity, organization, or individual;
b) An application form for issuing a temporary residence card with attached photograph;
c) Passport;
2. The issuance of temporary residence cards shall be handled as follows:
a) Diplomatic missions, consular offices, or other agencies authorized by foreign countries in Vietnam shall submit the application dossier for issuing temporary residence cards marked NG3 to the competent authority of the Ministry of Foreign Affairs;
c) Within five working days from the date of receipt of complete files, the immigration management agency or the competent authority of the Ministry of Foreign Affairs shall issue the temporary residence card.
1. The duration of the issued Residence Permit shall be valid for at least 30 days shorter than the remaining validity period of the passport.
2. Residence Permits marked with NG3, LV1, LV2, ĐT, and DH shall have a maximum duration of five years.
3. Residence Permits marked with NN1, NN2, and TT shall have a maximum duration of three years.
4. Residence Permits marked with LĐ and PV1 shall have a maximum duration of two years.
5. Expired Residence Permits may be considered for renewal.
Section 2
PERMANENT RESIDENCE
Article 39. Cases for Consideration of Permanent Residence
1. Foreigners who have made contributions to the construction and defense of Vietnam and have been awarded medals or honorary titles by the Vietnamese State.
2. Foreign scientists and experts temporarily residing in Vietnam.
3. Foreigners sponsored by their Vietnamese citizen parents, spouses, or children who are permanent residents in Vietnam.
4. Stateless persons who have continuously resided in Vietnam since before the year 2000.
Article 40. Conditions for Consideration of Permanent Residence
1. Foreigners specified in Article 39 of this Law shall be eligible for consideration of permanent residence if they have lawful accommodation and stable income sufficient to support themselves in Vietnam.
2. Foreigners specified in Clause 2 of Article 39 of this Law must be recommended by the Minister or Head of a Government equivalent agency managing the relevant field.
3. Foreigners specified in Clause 3 of Article 39 of this Law must have continuously resided in Vietnam for at least three years.
Article 41. Procedures for Granting Permanent Residence
1. Foreigners applying for permanent residence shall submit their application to the immigration management authority. The dossier includes:
a) Application for permanent residence;
b) Criminal record certificate issued by the competent authority of the country where the applicant is a citizen;
c) Diplomatic note from the diplomatic mission of the country where the applicant is a citizen requesting Vietnam to grant permanent residence;
d) Certified copy of the passport;
đ) Documents proving compliance with the conditions for consideration of permanent residence as stipulated in Article 40 of this Law;
e) Sponsorship letter for foreigners specified in Clause 3 of Article 39 of this Law.
2. Within four months from the date of receipt of the complete dossier, the Minister of Public Security shall consider and decide on granting permanent residence; in cases requiring additional verification, the period may be extended but not exceeding two months.
3. The immigration management authority shall notify the result of the decision in writing to the applicant and the provincial or centrally-administered municipal police force where the foreigner applies for permanent residence.
4. Within five working days from the date of receiving the notification from the immigration management authority, the provincial or centrally-administered municipal police force where the foreigner applies for permanent residence shall notify the foreigner of the decision on granting permanent residence.
5. Within three months from the date of receiving the notification of granting permanent residence, the foreigner must go to the provincial or centrally-administered municipal immigration management authority to collect the permanent residence card.
Article 42. Granting Permanent Residence to Stateless Persons
1. Stateless persons specified in Clause 4 of Article 39 of this Law shall submit their dossier to the provincial or centrally-administered municipal immigration management authority where they reside. The dossier includes:
a) Application for permanent residence;
b) Documents proving continuous residence in Vietnam since before the year 2000 and meeting the conditions stipulated in Clause 1 of Article 40 of this Law.
2. The procedures for granting permanent residence to stateless persons shall be carried out according to the provisions of Clauses 2, 3, 4, and 5 of Article 41 of this Law.
Article 43. Issuance and Reissuance of Permanent Residence Card
1. The Permanent Residence Card shall be issued by the Provincial Police or the Municipal Police under the Central Government. Every ten years, foreigners residing permanently must go to the Provincial Police or the Municipal Police at their place of residence to renew the card. The application package includes:
a) Application form for renewal of the Permanent Residence Card;
b) Permanent Residence Card;
c) Certified copy of passport, except in cases of stateless persons.
2. In case the Permanent Residence Card is lost, damaged, or its contents need updating, the foreigner must apply for a new card at the Provincial Police or the Municipal Police at their place of residence. The application package includes:
a) Application form for issuance of a new Permanent Residence Card;
b) Permanent Residence Card, in case it is lost, a report of loss must be submitted;
c) Certified copy of passport, except in cases of stateless persons;
d) Documents proving changes in the contents of the Permanent Residence Card.
3. Within twenty days from the date of receiving complete application packages, the Provincial Police or the Municipal Police at the place where the foreigner resides shall issue a new card.
RIGHTS AND OBLIGATIONS OF FOREIGNERS;
RIGHTS AND RESPONSIBILITIES OF AUTHORITIES, ORGANIZATIONS, AND INDIVIDUALS INVITING, SURETYING FOREIGNERS FOR ENTRY INTO, EXIT FROM, AND RESIDENCE IN VIETNAM
INVITATION, SURETYSHIP OF FOREIGNERS FOR ENTRY INTO, EXIT FROM, AND RESIDENCE IN VIETNAM
ENTRY INTO, EXIT FROM, AND RESIDENCE IN VIETNAM
Article 44. Rights and Obligations of Foreigners
1. Foreigners entering, exiting, transiting through, or residing in Vietnam have the following rights:
a) To be protected by Vietnamese law regarding life, honor, property, and other legitimate rights and interests during their stay on the territory of the Socialist Republic of Vietnam;
b) Holders of Temporary Residence Cards may invite grandparents, parents, spouse, children to visit Vietnam; if invited and sponsored by an organization or entity, they may also invite spouses and children under eighteen years old to reside together during the validity period of the Temporary Residence Card;
c) Holders of Permanent Residence Cards may invite grandparents, parents, spouse, and children to visit Vietnam;
d) Legally residing foreigners may travel within Vietnam without prior permission, combining tourism, visiting relatives, and medical treatment; when entering restricted areas, they must comply with relevant laws;
đ) Crew members on vessels entering Vietnam may disembark within the province or municipality where the vessel is docked; if traveling beyond this area or exiting Vietnam through other border gates, they may be granted visas;
e) Spouses and children accompanying diplomatic representatives, consular officials, international organizations' representatives under the United Nations, and intergovernmental organizations' representatives may work if they have work permits, except in cases not eligible for such permits; they may study if accepted by educational institutions;
g) Students studying at schools or educational institutions under international treaties or agreements may combine work if permitted by the school or educational institution;
h) Stateless persons permanently residing abroad may enter Vietnam for tourism or to visit relatives;
i) Stateless persons residing in Vietnam who wish to exit the country may apply to the Ministry of Public Security for international travel documents.
2. Foreigners entering, exiting, or residing in Vietnam have the following obligations:
a) To abide by Vietnamese law; respect Vietnamese cultural traditions, customs, and practices;
b) Activities in Vietnam must align with the purpose of entry;
c) When traveling, they must carry passports or international travel documents, and documents related to their residence in Vietnam, and present them upon request by authorized authorities;
d) Foreigners residing permanently who move to reside in another country must return their Permanent Residence Card to the immigration control unit at the border gate.
Article 45. Rights and responsibilities of agencies, organizations, and individuals inviting and sponsoring foreigners
1. Agencies, organizations, and individuals inviting and sponsoring foreigners have the following rights:
a) Legally established agencies and organizations in Vietnam may invite and sponsor foreigners to enter Vietnam in accordance with their functions, tasks, scope, and fields of operation;
b) Vietnamese citizens residing in the country may invite and sponsor foreign spouses, parents-in-law, parents, children, brothers, sisters, and half-siblings for visits to Vietnam;
c) Vietnamese citizens residing in the country may sponsor foreign parents, spouses, children for permanent residence or temporary residence permit applications in Vietnam.
2. Agencies, organizations, and individuals inviting and sponsoring foreigners have the following responsibilities:
a) To handle procedures for inviting and sponsoring foreigners to enter, exit, and reside in Vietnam in accordance with this Law;
b) To guide and explain to foreigners the laws and regulations and respect for Vietnamese cultural traditions, customs, and practices;
c) To fulfill sponsorship responsibilities as prescribed by law and cooperate with Vietnamese competent authorities to resolve issues related to sponsored foreigners;
d) To coordinate with competent authorities to manage the activities of foreigners in accordance with the purpose of entry during their temporary stay in Vietnam; to coordinate with accommodation facilities to report temporary residence for foreigners;
e) To handle procedures with state management agencies regarding industries, professions, and fields that require permission before inviting and sponsoring foreigners to enter Vietnam for work in those industries, professions, and fields;
f) To notify in writing the immigration management agency about foreign individuals who still have valid entry-exit and residence documents but no longer need sponsorship during their temporary stay in Vietnam and to cooperate with competent authorities to request the departure of such foreigners.
Chapter VIII
RESPONSIBILITIES OF AGENCIES AND ORGANIZATIONS
ENTRY, EXIT, TRANSIT, AND RESIDENCE
OF FOREIGNERS IN VIETNAM
Article 46. Responsibilities of the Government
1. To uniformly manage state affairs concerning the entry, exit, transit, and residence of foreigners in Vietnam.
Article 47. Responsibilities of the Ministry of Public Security
1. To be responsible to the Government for leading and coordinating with relevant ministries and ministerial-level agencies in managing the entry, exit, transit, and residence of foreigners in Vietnam.
2. To lead the drafting and submission to competent authorities for issuance, or issuance within its authority, of legal normative documents concerning the entry, exit, transit, and residence of foreigners in Vietnam.
3. To implement legal normative documents concerning the entry, exit, transit, and residence of foreigners in Vietnam.
4. To issue permits for the entry, exit, and residence of foreigners in Vietnam.
6. To inspect, examine, settle complaints and denunciations, and handle violations of the law concerning the entry, exit, transit, and residence of foreigners in Vietnam.
7. To promulgate various types of documents concerning the entry, exit, and residence of foreigners in Vietnam.
8. To conduct national statistics on the entry, exit, transit, and residence of foreigners in Vietnam.
Article 48. Responsibilities of the Ministry of Foreign Affairs
1. Coordinate with the Ministry of Public Security to implement activities related to entry, exit, transit, and residence management for foreigners in Vietnam.
2. Implement issuance, amendment, supplementation, revocation of visas; issuance, revocation of temporary residence cards; extension of temporary residence for foreigners according to the provisions of this Law.
3. Direct Vietnamese visa-issuing authorities abroad to implement legal regulations related to entry, exit, transit, and residence of foreigners in Vietnam.
4. Propose to competent authorities the signing and accession to international treaties on entry, exit, transit, and residence of foreigners in Vietnam.
Article 49. Responsibilities of the Ministry of National Defense
1. Coordinate with the Ministry of Public Security to implement activities related to entry, exit, transit, and residence management for foreigners in Vietnam.
3. Inspect and handle violations of laws on entry, exit, transit, and residence of foreigners in Vietnam at border gates managed by the Ministry of National Defense.
Article 50. Responsibilities of ministries and equivalent agencies
Ministries and equivalent agencies not specified in Articles 48 and 49 of this Law shall, within their scope of duties and powers, be responsible for coordinating with the Ministry of Public Security, the Ministry of Foreign Affairs, and the Ministry of National Defense to implement activities related to entry, exit, transit, and residence management for foreigners in Vietnam.
Article 51. Responsibilities of People's Committees at all levels
1. Organize the implementation of laws on entry, exit, and residence of foreigners in localities.
2. Direct specialized agencies under the People's Committee to implement residence management for foreigners in localities according to the provisions of this Law.
3. Popularize, educate laws on entry, exit, and residence of foreigners in localities.
4. Inspect, check, settle complaints and denunciations, and handle violations of laws on entry, exit, transit, and residence of foreigners in localities.
5. In addition to the provisions set out in Clauses 1, 2, 3, and 4 of this Article, People's Committees of communes, wards, and towns shall be responsible for organizing the implementation of monitoring the operation of accommodation facilities and managing the residence and activities of foreigners in localities.
Article 52. Responsibilities of the Vietnam Fatherland Front and its member organizations
1. Coordinate with state agencies to publicize, educate, and mobilize the people to comply with the provisions of this Law.
2. Supervise the enforcement of laws on entry, exit, transit, and residence of foreigners in Vietnam by agencies, organizations, and individuals.
Chapter IX
IMPLEMENTING PROVISIONS
Within one year from the date this Decree takes effect, insurance enterprises currently operating both life insurance and non-life insurance businesses must complete the procedures to separate their life insurance business operations from their non-life insurance business operations.
Documents with value for entry, exit, and residence of foreigners in Vietnam issued before the effective date of this Law shall continue to be valid until their expiration date as indicated on the documents.
Article 54. Effective Date
1. This Law takes effect from January 1, 2015.
2. The Ordinance on Entry, Exit, and Residence of Foreigners in Vietnam No. 24/1999/PL-UBTVQH10 shall cease to be effective from the date this Law comes into force.
Article 55. Detailed Provisions
The Government shall provide detailed regulations for the Articles and Clauses assigned in this Law.
This Law has been adopted by the National Assembly of the Socialist Republic of Vietnam, the 13th term, the3cm session 7 on the date 16 the 6 year 2014./.
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