Law Amending and Supplementing Certain Articles of the Law on Entry into, Exit from, Transit through, and Residence of Foreigners in Vietnam No. 51/2019/QH14

 

LAW

AMENDMENTS AND SUPPLEMENTS TO CERTAIN ARTICLES

ON THE ENTRY INTO, EXIT FROM, TRANSIT THROUGH, AND RESIDENCE IN VIETNAM

CỦA NGƯỜI NƯỚC NGOÀI TẠI VIỆT NAM

On the basis of The Constitution of the Socialist Republic of Vietnam;

The National Assembly enacted the Law Amending and Supplementing Certain Articles of The Law on Entry into, Exit from, Transit through, and Residence in Vietnam for Foreigners number 47/2014/QH13.

Article 1. Amending and supplementing some articles of the Law on Entry into, Exit from, Transit through, and Residence in Vietnam for Foreigners

1. Supplement Clause 18 and Clause 19 after Clause 17 of Article 3 as follows:

“18. Electronic portal on entry and exit is the electronic portal of the immigration management agency, having the function of publishing information, providing online public services, supporting search, linking, storing information, and guiding procedures and answering questions related to immigration management.

19. Visa issuance information page is a sub-page under the electronic portal on entry and exit, having the function of receiving, processing, and providing information related to electronic visa issuance.”

“1. The procedure for appointing, reappointing accounting managers and accounting supervisors, and assigning accounting supervisors shall be carried out according to the procedure for appointing mid-level professional positions as prescribed in Circular No. 29/2017/TT-BCA dated September 1, 2017 of the Minister of Public Security stipulating the procedures and formalities for appointing, dismissing, demoting, and changing positions within the People's Police, amended and supplemented by Circular No. 49/2023/TT-BCA dated October 18, 2023; Circular No. 77/2021/TT-BCA dated July 15, 2021 of the Minister of Public Security stipulating the list of positions and titles and the allocation and use of titles for police officers and non-commissioned officers of the People's Police, and Circular No. 78/2021/TT-BCA dated July 15, 2021 of the Minister of Public Security stipulating the standards for titles of police officers and non-commissioned officers of the People's Police, and any amendments and supplements to these Circulars (if any) and the following provisions:”

"Article 7. Form and validity of visas

1. Visas are issued in passports, separately, or through electronic transactions. A visa issued through an electronic transaction is an electronic visa.

2. Each visa is issued individually for each person, except in the following cases:

a) Issuing a visa according to the father or mother or guardian for children under 14 years old sharing a passport with their father or mother or guardian;

b) Issuing a visa according to the list of personnel approved by the immigration management agency for foreigners traveling, touring by sea or transiting by sea who have the need to visit inland areas for sightseeing or tourism organized by international travel agencies in Vietnam; members of foreign military ships participating in official programs outside the province or centrally-administered city where the ship or vessel is anchored.

3. A visa has either single-entry or multiple-entry validity; electronic visas and visas issued for the cases specified in point b of Clause 2 of this Article have single-entry validity.

4. A visa cannot be changed in purpose, except in the following cases:

a) Having documents proving that they are investors or representatives of foreign organizations investing in Vietnam as prescribed by Vietnamese law;

b) Having documents proving the relationship as father, mother, spouse, or child with the inviting or sponsoring individual;

c) Being invited or sponsored to work by an organization or agency and holding a labor permit or confirmation of not being required to obtain a labor permit as prescribed by Vietnamese labor laws;

d) Entering Vietnam with an electronic visa and holding a labor permit or confirmation of not being required to obtain a labor permit as prescribed by Vietnamese labor laws.

5. In cases where the purpose of the visa is changed according to the provisions of Clause 4 of this Article, a new visa with appropriate symbol and duration will be issued in accordance with the purpose change. The procedure and formalities for issuing a new visa shall be carried out in accordance with Article 19 of this Law."

3. Amending and supplementing certain clauses of Article 8 as follows:

a) Amend and supplement Clause 4 as follows:

"4. NG4 - Issued to persons entering to work at 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 accompanying them; persons visiting members of diplomatic missions, consular offices, representative offices of international organizations under the United Nations, and representative offices of intergovernmental organizations;"

b) Amend and supplement Clause 7 as follows:

"7. LS - Issued to foreign lawyers practicing in Vietnam;"

c) Supplement Clauses 7a, 7b, 7c, and 7d after Clause 7 as follows:

"7a. DT1 - Issued to foreign investors in Vietnam and representatives of foreign organizations investing in Vietnam with a capital contribution value of 100 billion VND or more or investing in industries and occupations encouraged for investment or in preferential investment areas decided by the Government.

7b. DT2 - Issued to foreign investors in Vietnam and representatives of foreign organizations investing in Vietnam with a capital contribution value of 50 billion VND to less than 100 billion VND or investing in industries and occupations encouraged for development decided by the Government.

7c. DT3 - Issued to foreign investors in Vietnam and representatives of foreign organizations investing in Vietnam with a capital contribution value of 3 billion VND to less than 50 billion VND.

7d. DT4 - Issued to foreign investors in Vietnam and representatives of foreign organizations investing in Vietnam with a capital contribution value of less than 3 billion VND;"

d) Amend and supplement Clause 8 as follows:

"8. DN1 - Issued to foreigners working with enterprises or other organizations having legal personality as prescribed by Vietnamese law;"

đ) Supplement Clause 8a after Clause 8 as follows:

"8a. DN2 - Issued to foreigners entering to offer services, establish commercial presence, or carry out other activities as provided for in international treaties to which Vietnam is a party;"

e) Amend and supplement Clause 16 as follows:

"16. LD1 - Issued to foreigners working in Vietnam with confirmation of not being required to obtain a labor permit, except in cases where international treaties to which Vietnam is a party provide otherwise;"

g) Supplement Clause 16a after Clause 16 as follows:

"16a. LD2 - Issued to foreigners working in Vietnam who must hold a labor permit;"

h) Amend and supplement Clause 18 as follows:

"18. TT - Issued to foreigners who are spouses, children under 18 years old of foreigners holding visa symbols LV1, LV2, LS, DT1, DT2, DT3, NN1, NN2, DH, PV1, LD1, LD2, or foreigners who are parents, spouses, or children of Vietnamese citizens;"

i) Supplement Clause 21 after Clause 20 as follows:

"21. EV - Electronic visa."

4. Amend and supplement some clauses of Article 9 as follows:

a) Amend and supplement Clause 1 as follows:

"1. Visas with symbols SQ and EV have a validity period of no more than 30 days;"

b) Amend and supplement Clause 4 as follows:

"4. Visas with symbols NG1, NG2, NG3, NG4, LV1, LV2, DT4, DN1, DN2, NN1, NN2, NN3, DH, PV1, PV2, and TT have a validity period of no more than 12 months;"

c) Amending and supplementing Clause 5 as follows:

"5. Visas with symbols LD1, LD2 have a validity period of no more than two years;"

d) Supplement Clause 5a after Clause 5 as follows:

"5a. Visas with symbol DT3 have a validity period of no more than three years;"

đ) Sửa đổi, bổ sung khoản 6 như sau:

"6. Visas with symbols LS, DT1, DT2 have a validity period of no more than five years;"

e) Supplement Clause 9 after Clause 8 as follows:

"9. In cases where international treaties to which Vietnam is a party provide otherwise, the validity period of the visa shall be determined according to such treaties;"

5. Amending and supplementing some clauses of Article 10 as follows:

a) Amend and supplement Clause 2 as follows:

"2. There is an agency, organization, or individual in Vietnam inviting, sponsoring, except in cases stipulated in Article 16a, Article 16b, and Clause 3 of Article 17 of this Law;"

b) Supplement clause 5 after clause 4 as follows:

"5. An electronic visa shall be issued to foreigners holding passports and not falling within the scope of provisions stipulated in Clauses 1, 2, 3, and 4 of Article 8 of this Law."

6. Supplement Clause 5 following Clause 4 of Article 11 as follows:

"5. A visa shall be issued in accordance with the provisions of Point b, Clause 2, Article 7 of this Law."

7. Supplement Clause 3a following Clause 3 of Article 12 as follows:

"3a. Enter a coastal economic zone determined by the Government when meeting the following conditions: having an international airport; having a separate space; having clearly defined geographical boundaries, separated from the mainland; being consistent with policies for socio-economic development and not harming national defense, security, public order, and social safety of Vietnam."

8. Supplement Clause 7 following Clause 6 of Article 16 as follows:

"7. Agencies and organizations inviting or sponsoring foreigners may choose to submit applications for visa issuance for foreigners and receive responses through electronic transactions at the Electronic Portal on Immigration if they meet the conditions stipulated in Clause 1 of Article 16b of this Law."

9. Supplement Article 16a and Article 16b following Article 16 as follows:

"Article 16a. Procedures for Issuing Electronic Visas upon Application by Foreigners

1. Foreigners applying for electronic visas shall proceed as follows:

a) Fill out the application information for an electronic visa, upload photos and passport data pages on the Electronic Visa Issuance Information Website;

b) Pay the visa fee into the designated account on the Electronic Visa Issuance Information Website after receiving the electronic file number from the immigration management agency.

2. The immigration management agency shall examine, process, and respond to the applicant's request for an electronic visa on the Electronic Visa Issuance Information Website within three working days from the date of receipt of complete application information and visa fees.

3. Foreigners who have been granted an electronic visa shall use the electronic file number to check and print the result of the electronic visa issuance on the Electronic Visa Issuance Information Website.

Article 16b. Procedures for Issuing Electronic Visas upon Application by Agencies and Organizations

1. Agencies and organizations specified in Clause 2 of Article 16 of this Law may apply for electronic visas for foreigners if they meet the following conditions:

a) Having an electronic account issued by the immigration management agency in accordance with the provisions of Clause 2 of this Article;

b) Possessing an electronic signature in accordance with the provisions of the Law on Electronic Transactions.

2. Registration of electronic accounts shall be carried out as follows:

a) Agencies and organizations shall send a written request for an electronic account to the immigration management agency. The request for an electronic account shall only be made once, except in cases of change in content or cancellation of the account in accordance with the provisions of Clause 7 of this Article;

b) The immigration management agency shall issue a written response and grant the electronic account within three working days from the date of receipt of the written request from the agency or organization; in case the electronic account is not granted, it shall provide a written explanation of the reasons.

3. Agencies and organizations specified in Clause 1 of this Article shall use the electronic account to log in to the Electronic Visa Issuance Information Website to apply for electronic visas for foreigners; pay the visa fee into the designated account on the Electronic Visa Issuance Information Website after receiving the electronic file number from the immigration management agency.

4. The immigration management agency shall examine, process, and respond to agencies and organizations on the Electronic Visa Issuance Information Website within three working days from the date of receipt of complete application information and visa fees.

5. Agencies and organizations shall log in to the Electronic Visa Issuance Information Website, use the electronic file number to receive the response from the immigration management agency and notify the foreigner.

6. Foreigners who have been granted an electronic visa shall use the electronic file number notified by the agency or organization to print the result of the electronic visa issuance on the Electronic Visa Issuance Information Website.

7. The electronic account shall be canceled upon request of the agency or organization that has the account; the agency or organization that has the account is reorganized, dissolved, bankrupted, or violates the provisions of the law on electronic transactions, on immigration management. The immigration management agency shall cancel the electronic account and issue a written notice to the agency or organization that has the account.

10. Supplement Article 19a following Article 19 in Chapter II as follows:

"Article 19a. Countries whose citizens are eligible for electronic visas and international border gates allowing foreigners to enter and exit with electronic visas

1. The issuance of electronic visas applies to citizens of countries meeting the conditions stipulated in Clause 1 of Article 13 of this Law.

2. The Government decides the list of countries whose citizens are eligible for electronic visas; the list of international border gates allowing foreigners to enter and exit with electronic visas."

11. Amend and supplement Article 20 as follows:

"Article 20. Conditions for Entry

1. Foreigners are allowed entry when they meet all of the following conditions:

a) Possessing a passport or other travel document and visa, except in cases where visa exemption is granted according to this Law. Foreigners entering under unilateral visa-free entry must have a passport valid for at least six months;

b) Not falling within the categories prohibited from entry as specified in Article 21 of this Law.

2. Foreigners using electronic visas to enter must meet the conditions set forth in Clause 1 of this Article and enter through international border gates designated by the Government."

12. Amend and supplement Article 27 as follows:

"Article 27. Conditions for Exit

1. Foreigners are allowed exit when they meet all of the following conditions:

a) Possessing a passport or other travel document;

b) Holding a temporary residence certificate, temporary residence card, or permanent residence card that remains valid;

c) Not falling within the categories subject to temporary suspension of exit as specified in Article 28 of this Law.

2. Foreigners using electronic visas to exit must meet the conditions set forth in Clause 1 of this Article and exit through international border gates designated by the Government."

13. Amend and supplement Clause 1 of Article 31 as follows:

"1. Foreigners entering without a valid permanent residence card or temporary residence card shall be issued a temporary residence certificate at the border gate with the validity period as follows:

a) The duration of temporary residence is equivalent to the validity period of the visa; in cases where the visa has the code DL and the validity exceeds thirty days, a thirty-day temporary residence permit will be issued and may be extended according to the provisions of Article 35 of this Law;

b) For foreigners exempted from visa requirements under international treaties to which Vietnam is a party, the duration of temporary residence will be determined according to the treaty provisions; if the treaty does not specify a duration, a thirty-day temporary residence permit will be issued;

c) For citizens of countries unilaterally exempted from visa requirements by Vietnam, a fifteen-day temporary residence permit will be issued; if entering special administrative-economic units or coastal economic zones as specified in Clause 3a of Article 12 of this Law, a temporary residence permit will be issued according to the provisions of point d of this clause;

d) For those not covered by points a and b of this clause entering border economic zones, a fifteen-day temporary residence permit will be issued; if entering special administrative-economic units or coastal economic zones as specified in Clause 3a of Article 12 of this Law, a thirty-day temporary residence permit will be issued."

14. Amend and supplement Article 36 as follows:

"Article 36. Cases Eligible for Temporary Residence Cards and Markings on Temporary Residence Cards

1. Cases eligible for temporary residence cards include:

a) Foreigners who are members of diplomatic missions, consular posts, representative offices of United Nations organizations, and intergovernmental organizations in Vietnam, along with their spouses, children under eighteen years old, and accompanying domestic helpers during their tenure;

b) Foreigners entering with visas marked LV1, LV2, LS, ĐT1, ĐT2, ĐT3, NN1, NN2, DH, PV1, LĐ1, LĐ2, TT.

2. The markings on temporary residence cards are defined as follows:

a) Temporary residence cards specified in point a of Clause 1 of this Article are marked NG3;

b) Temporary residence cards specified in point b of Clause 1 of this Article bear the same marking as the visa."

15. Amend and supplement some clauses of Article 37 as follows:

a) Amend and supplement point d clause 1 as follows:

"d) Documents proving eligibility under Clause 1 of Article 36 of this Law;"

b) Amending and supplementing Point b Clause 2 as follows:

"b) Inviting or sponsoring entities, organizations, or individuals directly submit applications for temporary residence cards for foreigners eligible under point b of Clause 1 of Article 36 of this Law to the immigration management agency located at the headquarters of the inviting or sponsoring entity or organization, or at the place of residence of the inviting or sponsoring individual;"

16. Amend and supplement Article 38 as follows:

"Article 38. Duration of Residence Permit

1. The duration of the Residence Permit issued shall be at least 30 days shorter than the remaining validity period of the passport.

2. The Residence Permit marked DT1 shall have a duration not exceeding 10 years.

3. The Residence Permit marked NG3, LV1, LV2, LS, DT2 and DH shall have a duration not exceeding 5 years.

4. The Residence Permit marked NN1, NN2, DT3, TT shall have a duration not exceeding 3 years.

5. The Residence Permit marked LD1, LD2 and PV1 shall have a duration not exceeding 2 years.

6. A Residence Permit that has expired may be considered for issuance of a new permit.

17. Amend Clause 2 and add Clause 3 following Clause 2 of Article 46 as follows:

"2. Regulations on the construction, updating, connection, exploitation, and sharing of information in the database of entry, exit, transit, and residence of foreigners in Vietnam; mechanisms for coordination among ministries, ministerial-level agencies, provincial People's Committees under the central government in the management of entry, exit, transit, and residence of foreigners in Vietnam.

3. Regulations on the entry of foreigners into border economic zones, special administrative-economic units, coastal economic zones exempted from visa requirements as stipulated in Clause 3 and Clause 3a of Article 12 of this Law who wish to travel to other locations within Vietnam; issuance of visas to foreigners entering Vietnam pursuant to international treaties to which Vietnam is a party but does not yet have a commercial presence or partner in Vietnam; forms of issuance of temporary residence certificates for foreigners entering Vietnam; foreigners entering and exiting through automatic border gates."

18. Amend some clauses of Article 47 as follows:

a) Amending and supplementing Clause 5 as follows:

"5. Control entry, exit, and transit at border gates managed by the Ministry of Public Security in accordance with the provisions of the law;"

b) Add Clause 10 following Clause 9 as follows:

"10. Construction and management of the electronic visa issuance website; announcement of the domain name of the electronic portal on entry and exit;"

19. Amend Clause 2 of Article 49 as follows:

"2. Control entry, exit, and transit at border gates managed by the Ministry of National Defense in accordance with the provisions of the law; issue, amend, supplement, revoke visas, and issue temporary residence certificates in accordance with the provisions of this Law."

Article 2. Effective Date

This Law takes effect from July 1, 2020.

This Law was adopted by the National Assembly of the Socialist Republic of Vietnam, the fourteenth session, eighth meeting, on November 25, 2019.