Circular No. 769-NG/TT guiding the implementation of Decree No. 4-CP dated January 18, 1993 of the Government detailing the implementation of the Ordinance on Entry into, Exit from, Residence in, and Travel within Vietnam by Foreigners

CIRCULAR

Guidelines for implementing Decree No. 4-CP dated January 18, 1993 of the Government detailing the implementation of the Ordinance on Entry into, Exit from, Residence, and Movement within Vietnam of Foreign Nationals

Guidelines for implementing Decree No. 4-CP dated January 18, 1993 of the Government detailing the implementation of the Ordinance on Entry into, Exit from, Residence, and Movement within Vietnam of Foreign Nationals

THE MINISTER OF FOREIGN AFFAIRS

Pursuant to Decree No. 157-CP dated October 9, 1961 of the Council of Ministers stipulating the tasks, powers, and organizational structure of the Ministry of Foreign Affairs;

Pursuant to Decree No. 4/CP dated January 18, 1993 of the Government detailing the implementation of the Ordinance on Entry into, Exit from, Residence, and Movement within Vietnam of Foreign Nationals;

The Ministry of Foreign Affairs issues this Circular to guide certain matters within its responsibilities as follows:

2. Individuals who have registered as the principal investigator of a Research Project or Pilot Production Project and those participating in its implementation shall not participate in the Evaluation and Selection Council for that Research Project or Pilot Production Project (hereinafter referred to as the Council). In necessary cases, members of the Council may be staff members of the organization registering as the principal investigator of the Research Project or Pilot Production Project, but not more than one person and they cannot serve as Chairperson, Vice-Chairperson, or reviewing member.

1. Foreign nationals wishing to enter Vietnam must complete procedures at diplomatic missions, consular offices, and other agencies authorized by the Ministry of Foreign Affairs abroad (hereinafter referred to collectively as Vietnamese representative agencies abroad). In exceptional cases, procedures may be completed through agencies, organizations, or individuals in Vietnam.

Agencies or organizations that can contact domestic immigration management agencies to handle entry procedures for foreign nationals are those specified in Article 4 of the Regulation on Management of Outbound and Inbound Delegations issued together with Decree No. 12-CP dated December 1, 1992 of the Government.

Priority will be given to the following cases:

Invited guests of the Party (as decided by the Central Committee's Secretariat), the President, Vice President, Chairman, Vice Chairman of the National Assembly, Prime Minister, Deputy Prime Minister, guests of government members and sectors under the decision of the Prime Minister to invite them in;

Members of diplomatic missions, consular offices, and representative offices of international organizations in Vietnam; holders of diplomatic passports; invited guests of ambassadors, chargés d'affaires, heads of foreign consular offices, and representative offices of international organizations in Vietnam;

Overseas Vietnamese;

Other cases according to agreements or arrangements between the Government of our country and the Government of the relevant country.

2. The validity period and type of visa issued shall be determined based on the approval of personnel by the central immigration management agency in the country, based on the guest's request.

The head of Vietnamese representative agencies abroad decides the nature of the visa issued to foreign nationals.

Those enjoying diplomatic and consular privileges and immunities shall register their residence with the Ministry of Foreign Affairs or provincial, centrally-administered city foreign affairs departments. These procedures need to be expedited in accordance with the spirit of respecting international conventions to which our country has acceded (the United Nations Convention on Privileges and Immunities dated April 12, 1946, the Vienna Convention on Diplomatic Relations dated April 18, 1961, and the Vienna Convention on Consular Relations dated April 12, 1963).

II. PROCEDURES FOR APPLYING FOR VISAS AT VIETNAMESE REPRESENTATIVE AGENCIES ABROAD
OF VIETNAM IN FOREIGN COUNTRIES

1. The following agencies are authorized to handle entry procedures for foreign nationals:

Vietnamese embassies, general consulates, and consulates abroad;

Other Vietnamese representative agencies abroad entrusted to perform certain consular functions (economic-cultural liaison offices, visa offices, etc.).

The Ministry of Foreign Affairs will periodically announce the list of these agencies.

In principle, foreign nationals residing in which country should apply for entry to Vietnam at the Vietnamese representative agency in that country or in a country where it has concurrent jurisdiction. Those departing from countries without diplomatic relations with our country and other foreign nationals with such requests may apply at Vietnamese representative agencies in third countries.

After receiving complete and valid files, the representative agency is responsible for immediately notifying the main host agency and simultaneously informing the Ministry of Public Security (Department of Immigration Control) and the Ministry of Foreign Affairs (Consular Department) of the following elements:

Full name,

Date of birth, place of birth,

Citizenship (origin and current),

Occupation and place of residence,

Purpose, duration, and entry port to Vietnam,

Type and number of passport,

Most recent entry to Vietnam (if applicable).

After the Ministry of Public Security issues an entry permit (for cases reviewed by the Ministry of Public Security), the Ministry of Foreign Affairs will telegraph the overseas diplomatic missions to issue visas for the visitors.

The Director, Deputy Director of the Consular Affairs Department, the Director, Deputy Director of the Foreign Affairs Office of Ho Chi Minh City sign the telegram or authorize the Heads, Deputy Heads of the Exit-Entry Departments under the Consular Affairs Department of the Ministry of Foreign Affairs; the Heads, Deputy Heads of the Consular Departments under the Foreign Affairs Office of Ho Chi Minh City sign the telegram to issue visas to enter Vietnam.

Diplomatic missions issue visas with the validity period stated in the visa issuance telegram. In cases where the telegram does not specify a specific validity period, the diplomatic mission has the authority to decide based on the applicant's request, but it must not exceed 90 days (3 months).

If the applicant requests a visa with a validity longer than 90 days, the diplomatic mission will notify the relevant domestic authorities and issue the visa after receiving notification from the authority mentioned in Article II-4 of this Circular. This also applies if the applicant requests a multiple-entry visa.

Visas are issued either in the passport or separately according to the regulations of the Joint Circular of the Ministry of Foreign Affairs and the Ministry of Public Security.

Only those authorized to perform consular functions and who have notified their signature samples to the competent domestic agencies (the Consular Affairs Department, the Foreign Affairs Office of Ho Chi Minh City, the Exit-Entry Management Department, the Border Guard Command) are entitled to sign visas.

PROCEDURES FOR ISSUING, EXTENDING, SUPPLEMENTING, AND AMENDING VISAS INSIDE THE COUNTRY

The Consular Affairs Department of the Ministry of Foreign Affairs, the Foreign Affairs Office of Ho Chi Minh City, and the Consular Department at Quang Nam - Da Nang issue exit visas, exit-entry visas; extend, supplement, and amend various types of Vietnamese visas for foreigners enjoying diplomatic and consular privileges and immunities.

The tasks mentioned in point 1 are carried out upon request by diplomatic note from diplomatic missions, consular offices, representative offices of international organizations in Vietnam, or by letter from Vietnamese agencies welcoming guests, or upon request by the Protocol Department of the Ministry of Foreign Affairs.

Accompanying the diplomatic note or letter requesting the visa must be the passport or substitute travel document and a temporary residence certificate issued by the Protocol Department of the Ministry of Foreign Affairs.

Revoking entry visas and entry-exit visas for individuals enjoying diplomatic and consular privileges and immunities is a serious matter directly related to the country's foreign relations. Therefore, strict adherence to Articles 6 and 14 of the Ordinance on Entry, Exit, Residence, and Travel of Foreigners in Vietnam is required, while also considering the relationship between the country and the concerned countries.

The Minister of Foreign Affairs decides on the revocation of issued visas for individuals enjoying diplomatic and consular privileges and immunities, based on the proposal of the Director of the Consular Affairs Department, with necessary consultations with the Political Departments of the Ministry of Foreign Affairs and other relevant agencies.

PROCEDURES FOR REGISTERING RESIDENCE AND TRAVEL IN VIETNAM

The Protocol Department of the Ministry of Foreign Affairs, provincial and centrally governed city foreign affairs departments manage the registration of residence for foreigners enjoying diplomatic and consular privileges and immunities residing in those areas.

Within 48 hours of entry, the foreigner themselves or the welcoming agency must complete the registration procedure at one of the agencies mentioned in Clause 1 of this Article.

The application for registration includes:

A letter from the welcoming Vietnamese agency accompanied by the decision of the competent authority;

Two copies of the registration form prescribed by the Ministry of Foreign Affairs, with the applicant's photograph affixed;

Passport or substitute travel document, Vietnamese entry card;

A diplomatic note confirming from the diplomatic mission, consular office, or representative of international organizations in Vietnam, sent together with the passport, two copies of the residence registration form, with the photograph of the member of that agency or family members of these people affixed, and an additional photograph for issuing a "temporary residence certificate."

The extension of the "temporary residence certificate" or change of purpose of temporary residence for foreigners is handled by the Vietnamese agency that issued the certificate.

The maximum validity of the temporary residence certificate is three years (36 months) and can be extended each time for up to one year (12 months). When leaving Vietnam, these individuals must return the "temporary residence certificate" issued by the agency.

After registering residence, foreigners are allowed to travel freely within Vietnam's territory except for restricted areas.

Ambassadors, chargés d'affaires, or heads of international organization representative offices traveling to localities for work and meetings with local Vietnamese leaders must notify the Protocol Department of the Ministry of Foreign Affairs seven days in advance.

The travel and contact of staff of foreign consular offices in Vietnam are conducted in accordance with the Vienna Convention on Consular Relations 1963 and bilateral consular agreements with relevant countries.

Revoking the temporary residence certificate results in the foreigner being required to leave Vietnam's territory for a certain period. For foreigners enjoying privileges and immunities, this directly impacts the country's foreign relations.

The Minister of Foreign Affairs decides on the revocation of the temporary residence certificate for individuals enjoying privileges and immunities, based on the proposal of the Director of the Protocol Department, with necessary consultations with the Political Departments of the Ministry of Foreign Affairs and other relevant agencies.

V. IMPLEMENTATION

1. The collection of fees for issuing, extending, supplementing, and amending visas and temporary residence certificates mentioned in this Circular is applied according to current regulations and the principle of reciprocity.

The Director of the General Office of the Ministry of Foreign Affairs is responsible for periodically announcing the list of overseas diplomatic missions authorized to issue visas for foreigners entering Vietnam, as stipulated in Article II-1 of this Circular.

The Director of the Consular Affairs Department, the Director of the Protocol Department, the Director of the Foreign Affairs Office of Ho Chi Minh City, the Directors of foreign affairs offices of provinces and centrally governed cities, and the heads of Vietnamese representative agencies abroad shall be responsible for implementing the Ordinance on Entry into, Exit from, Stay and Movement of Foreigners in Vietnam, Government Decree No. 4-CP dated January 18, 1993, and this Circular within their respective authorities and duties.

3. This Circular takes effect from the date of signature. All previous documents of the Ministry of Foreign Affairs that are inconsistent with this Circular are hereby abolished./.