Decree No. 75/2020/ND-CP detailing certain provisions of the Law amending and supplementing some articles of the Law on Entry into, Exit from, Transit through, and Residence of Foreigners in Vietnam.

DECREE

Detailed regulations on some provisions of the Law amending and supplementing certain provisions of the Law on Entry into, Exit from, Transit through, and Residence of Foreigners in Vietnam
Entry into, Exit from, Transit through, and Residence of Foreigners in Vietnam Law dated June 16, 2014,
Law amending and supplementing certain provisions of the Law on Entry into, Exit from, Transit through, and Residence of Foreigners in Vietnam dated November 25, 2019;

On the basis of Law on Government Organization dated June 19, 2015;

On the basis of The Government promulgates this Decree detailing some provisions of

On the basis of the Law amending and supplementing certain provisions of the Law on Entry into, Exit from, Transit through, and Residence of Foreigners in Vietnam.

The Government promulgates this Decree on regulations regarding entry, exit, and residence policies for foreigners at the International Financial Center in Vietnam.

1. The entry of foreigners into border economic zones and coastal economic zones with visa exemption as stipulated in Clause 3, Article 12 of the Law on Entry into, Exit from, Transit through, and Residence of Foreigners in Vietnam and Clause 7, Article 1 of the Law amending and supplementing certain provisions of the Law on Entry into, Exit from, Transit through, and Residence of Foreigners in Vietnam who have the need to travel to other locations within Vietnam. 2. Issuing visas for foreigners entering Vietnam under international treaties to which Vietnam is a party but which do not yet have a commercial presence or partners in Vietnam.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree provides for:

3. Forms of issuance of temporary residence certificates for foreigners entering Vietnam.

This Decree applies to foreigners entering, exiting, and residing in Vietnam, Vietnamese state management agencies, Vietnamese and foreign organizations and individuals related thereto.

Article 3. Issuance of Visas for Foreigners Entering Border Economic Zones or Coastal Economic Zones to Other Locations in Vietnam

Article 2. Applicability

1. Foreigners entering border economic zones and coastal economic zones with visa exemption as stipulated in Clause 3, Article 12 of the Law on Entry into, Exit from, Transit through, and Residence of Foreigners in Vietnam and Clause 7, Article 1 of the Law amending and supplementing certain provisions of the Law on Entry into, Exit from, Transit through, and Residence of Foreigners in Vietnam who have the need to travel to other locations in Vietnam shall go through Vietnamese organizations or individuals inviting or sponsoring them to apply for a visa at the immigration management agency according to the provisions of Article 19 of the Law on Entry into, Exit from, Transit through, and Residence of Foreigners in Vietnam.

Chapter II
SPECIFIC PROVISIONS

2. For citizens of countries unilaterally exempted by Vietnam from visa requirements when entering border economic zones and coastal economic zones as stipulated in Clause 3, Article 12 of the Law on Entry into, Exit from, Transit through, and Residence of Foreigners in Vietnam and Clause 7, Article 1 of the Law amending and supplementing certain provisions of the Law on Entry into, Exit from, Transit through, and Residence of Foreigners in Vietnam who have the need to travel to other locations in Vietnam, the following procedures shall be implemented:

a) In cases where they have resided temporarily for less than 15 days, the immigration control unit will stamp the expiry date on the old temporary residence certificate and issue a new temporary residence certificate valid for 15 days from the date of entry;

3. For foreigners entering border economic zones and coastal economic zones with visa exemption under international treaties to which Vietnam is a party, if their temporary residence period has expired and they have the need to travel to other locations in Vietnam, the issuance of visas shall be carried out according to the international treaties.

b) In cases where temporary residence has lasted for 15 days or more, the procedures for issuing visas shall be carried out in accordance with Clause 1 of this Article.

3. For foreign nationals entering border economic zones and coastal economic zones who are exempt from visa requirements under international treaties to which Vietnam is a party, if their temporary stay period expires and they have a need to travel to other locations within Vietnam, the issuance of visas shall be carried out in accordance with such international treaties.

Article 4. Issuing visas for foreigners entering Vietnam under international treaties to which Vietnam is a party but without a commercial presence or partner in Vietnam

1. Foreigners requesting visa issuance shall access the electronic portal on immigration and follow these procedures:

a) Fill out the visa application information, upload photos, and passport pages;

b) Upload documents proving their status as subjects under international treaties to which Vietnam is a party but without a commercial presence or partner in Vietnam. These documents must be apostilled, except where exemption from apostille is provided for by Vietnamese law or international treaties to which Vietnam is a party;

c) Receive the electronic file code from the immigration management agency.

2. Within two working days from the date all visa application information is received, the immigration management agency shall transfer the request to the agency designated by the Government to implement the international treaty.

3. Within three working days from the date of receiving the foreigner's visa application from the immigration management agency, the agency designated by the Government to implement the international treaty shall determine whether the foreigner falls within the scope defined by the international treaty and proceed as follows:

a) In cases where the foreigner falls within the scope defined by the international treaty to which Vietnam is a party and under the jurisdiction of the lead agency, the lead agency shall directly submit the visa application to the immigration management agency;

b) In cases where the foreigner falls within the scope defined by the international treaty to which Vietnam is a party but not under the jurisdiction of the lead agency, the lead agency shall send a communication document and forward the visa application to the relevant ministry or equivalent agency with jurisdiction over that field;

c) In cases where the foreigner does not fall within the scope defined by the international treaty to which Vietnam is a party, the lead agency shall inform the immigration management agency to notify the foreigner accordingly.

4. Within two working days from the date of receiving the visa application from the foreigner, the ministry or equivalent agency specified in point b, Clause 3 of this Article shall directly submit the visa application to the immigration management agency.

5. Within three working days from the date of receiving the visa application document, the immigration management agency shall examine, process, respond to the visa issuing authority, and notify the foreigner of the result through the electronic portal on immigration.

6. The foreigner applying for a visa shall use the electronic file code to check and print the response from the immigration management agency to complete the visa collection procedure as stipulated in Clause 2, Article 17 and Article 18 of the Law on Entry into, Exit from, Transit through, and Residence of Foreigners in Vietnam.

Article 5. Forms of Issuing Temporary Residence Certificates for Foreigners Entering Vietnam

1. The immigration control unit issues temporary residence certificates for foreigners entering Vietnam by stamping the passport or affixing a separate visa, except as provided in Clause 2 of this Article.

2. The immigration control unit will not issue temporary residence certificates for foreigners entering through automated border gates.

Chapter III
IMPLEMENTING PROVISIONS

Article 6. Effectiveness

This Decree takes effect from July 1, 2020.

Article 7. Responsibility for Implementation

The Minister, Heads of Ministries, Heads of Government Agencies, Chairpersons of Provincial People's Committees under central cities, and related organizations and individuals are responsible for implementing this Decree./