Decree No. 82/2015/NĐ-CP on the exemption of visas for overseas Vietnamese residents and foreign spouses, children of overseas Vietnamese residents, or Vietnamese citizens.

DECREE

Regulations on the exemption of visas for overseas Vietnamese residents and foreign spouses, children of overseas Vietnamese residents, or Vietnamese citizens

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Entry into, Exit from, Transit through, and Residence of Foreigners in Vietnam dated June 16, 2014;

At the proposal of the Minister of Public Security,

The Government promulgates this Decree to regulate the exemption of visas for overseas Vietnamese residents and foreign spouses, children of overseas Vietnamese residents, or Vietnamese citizens.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the conditions for visa exemption; the procedures and formalities for issuing visa-exemption certificates to those specified in Clause 5, Article 12 of the Law on Entry into, Exit from, Transit through, and Residence of Foreigners in Vietnam.

Article 2. Applicability

1. Overseas Vietnamese residents and foreign spouses, children of overseas Vietnamese residents, or Vietnamese citizens.

2. Agencies, organizations, and individuals related thereto.

Article 3. Conditions for Visa Exemption

1. Possessing a passport or international travel document valid for at least one year.

2. Holding documents proving eligibility under Clause 1, Article 2 of this Decree.

3. Not falling within the cases prohibited from entry or temporarily suspended from departure as stipulated in Articles 21 and 28 of the Law on Entry into, Exit from, Transit through, and Residence of Foreigners in Vietnam.

Article 4. Validity Period, Value, and Form of Visa-Exemption Certificate

1. The visa-exemption certificate has a maximum validity period not exceeding five years and shorter than the validity period of the passport or international travel document of the holder by at least six months.

2. The visa-exemption certificate is issued for persons entering Vietnam to visit relatives or handle personal matters.

3. The visa-exemption certificate is affixed to the passport; in the following cases, it may be issued separately:

a) When the passport has run out of pages for visa issuance;

b) When the passport is issued by a country without diplomatic relations with Vietnam;

c) When the international travel document is issued;

d) At the request of the visa-exemption certificate holder;

đ) For diplomatic, defense, or security reasons.

4. The visa-exemption certificate is issued individually for each person. Children sharing a passport with their parent(s) will have a joint visa-exemption certificate with their parent(s).

Article 5. Fees for Issuance of Visa-Exemption Certificates

Persons applying for or reissuing visa-exemption certificates must pay fees in accordance with the laws on fees and charges.

Chapter II
PROCEDURES FOR ISSUANCE, REISSUANCE, REVOCATION, AND CANCELLATION OF VISA-EXEMPTION CERTIFICATES

Article 6. Application Documents for Visa-Exemption Certificate

Applicants for visa-exemption certificates shall submit one set of application documents including:

1. Passport or international travel document or permanent residence permit issued by the competent authority of the foreign country for overseas Vietnamese residents.

2. Application form for issuance or reissuance of visa-exemption certificate accompanied by two photographs (one photograph affixed to the application form).

3. Documents proving eligibility for visa-exemption certificate:

a) Overseas Vietnamese residents shall submit a certified copy or original for verification of one of the following documents: Birth certificate, decision on renunciation of Vietnamese citizenship or certificate of loss of Vietnamese citizenship, other documents indicating Vietnamese nationality or previously having Vietnamese nationality;

b) Foreigners shall submit a certified copy or original for verification of documents proving they are spouse, child of a Vietnamese citizen or overseas Vietnamese resident;

c) In cases where there are no documents proving status as an overseas Vietnamese resident, the competent Vietnamese visa-issuing authority abroad shall base its decision on the value of the applicant's documents indicating that the applicant is of Vietnamese origin for consideration and acceptance of the application.

Article 7. Issuance of Visa Exemption Certificates at Vietnamese Competent Authorities Abroad

1. Applicants residing abroad submit applications in accordance with Article 6 of this Decree to the Vietnamese competent authorities for visa issuance abroad.

2. Within one working day from the date of receiving complete application files, the Vietnamese competent authority for visa issuance abroad shall send the list of applicants for visa exemption certificates to the Immigration Management Department.

3. Within three working days, the Immigration Management Department shall review and respond to the Vietnamese competent authority for visa issuance abroad.

4. Within one working day from the date of receiving notification from the Immigration Management Department, the Vietnamese competent authority for visa issuance abroad shall issue the visa exemption certificate.

Article 8. Issuance of Visa Exemption Certificates at the Immigration Management Department

1. Individuals temporarily residing in Vietnam who need to apply for a visa exemption certificate shall submit their applications in accordance with Article 6 of this Decree to the Immigration Management Department.

2. Within five working days from the date of receiving complete application files, the Immigration Management Department shall review and issue the visa exemption certificate.

Article 9. Procedures for Reissuing Visa Exemption Certificates

1. Individuals whose visa exemption certificates are lost, damaged, expired, or require content adjustments may be reissued a visa exemption certificate.

2. The application file for reissuing a visa exemption certificate includes:

a) Passport or international travel document or residence permit issued by a foreign competent authority for overseas Vietnamese;

b) Application form for issuing or reissuing a visa exemption certificate, accompanied by two photographs (one photograph affixed on the application form);

c) Visa exemption certificate, if lost, must include a report of loss;

d) Certified copy or original document for verification of the content requiring adjustment in the visa exemption certificate.

3. Individuals residing abroad shall submit one set of application files for reissuing a visa exemption certificate to the Vietnamese competent authority for visa issuance abroad. The Vietnamese competent authority for visa issuance abroad shall review and process according to Articles 7(2), 7(3), and 7(4) of this Decree.

4. Individuals entering Vietnam with a visa exemption certificate and temporarily residing in Vietnam shall submit one set of application files to the Immigration Management Department. The Immigration Management Department shall review and process according to Article 8(2) of this Decree. In cases of reissuing a separate visa exemption certificate, the Immigration Management Department shall grant temporary residence based on the duration of the previously granted temporary residence at the border checkpoint.

Article 10. Issuance of Temporary Residence Certificates

1. Individuals entering Vietnam with a visa exemption certificate shall be issued a six-month temporary residence certificate for each entry; if the visa exemption certificate has less than six months remaining validity, the temporary residence certificate shall be issued for the remaining validity period of the visa exemption certificate.

2. In cases where individuals enter Vietnam with a visa exemption certificate and wish to stay longer than six months, with sponsorship from organizations, entities, or individuals in Vietnam and valid reasons, they may be considered for an extension of temporary residence not exceeding six months.

Article 11. Extension of Temporary Residence

1. Individuals applying for an extension of temporary residence shall submit one set of application files to the Immigration Management Department or the Exit-Entry Management Division of the Public Security Department of the province or centrally administered city. The application file includes:

a) Passport or international travel document or residence permit issued by a foreign competent authority for overseas Vietnamese;

b) Application form for extending temporary residence;

c) Visa exemption certificate.

2. Within five working days from the date of receiving complete application files, the Immigration Management Department or the Exit-Entry Management Division of the Public Security Department of the province or centrally administered city shall review and extend the temporary residence.

Article 12. Revocation and cancellation of visa exemption certificates

1. The visa exemption certificate shall be revoked or cancelled if it is found that the person to whom it was issued does not belong to the categories specified in Clause 1, Article 2 of this Decree or falls under the cases stipulated in Articles 6, 21, and 28 of the Law on Entry into, Exit from, Transit through, and Temporary Stay of Foreigners in Vietnam.

2. Competent authority for revocation and cancellation of visa exemption certificates

a) The competent authority for issuing visas of Vietnam abroad shall revoke or cancel the visa exemption certificate for persons residing outside Vietnam;

b) The Immigration Department, the Provincial Police Immigration Departments, and the Municipal Police Immigration Departments shall revoke or cancel the visa exemption certificate for persons temporarily residing in Vietnam;

c) The immigration control units shall revoke or cancel the visa exemption certificate at border gates.

3. Procedure for revocation and cancellation of visa exemption certificates

a) The authorities mentioned in Clause 2 of this Article shall prepare a record; stamp "cancelled" on the affixed visa exemption certificate, and recover the separate visa exemption certificate if a case requiring its revocation or cancellation is discovered;

b) In cases where the competent authority for issuing visas of Vietnam abroad does not have the conditions to revoke or cancel the visa exemption certificate, they shall send a document to the Immigration Department to instruct the immigration control unit to carry out the revocation or cancellation; and notify the person whose visa exemption certificate is being revoked or cancelled of the reasons.

4. Persons whose visa exemption certificates are revoked or cancelled shall not be refunded the fee.

Chapter III
IMPLEMENTING PROVISIONS

Article 13. Transitional Provisions

1. Visa exemption certificates validly issued before the effective date of this Decree may continue to be used until their validity period expires.

2. Persons who entered Vietnam with a visa exemption certificate before the effective date of this Decree, if they wish to extend their temporary stay for visiting relatives or personal matters, may be considered for an extension not exceeding 90 days.

3. Applications for visa exemption certificates submitted before the effective date of this Decree shall be examined and processed according to Decision No. 135/2007/QĐ-TTg dated August 17, 2007, promulgating the Regulation on visa exemptions for overseas Vietnamese citizens, and Decision No. 10/2012/QĐ-TTg dated February 10, 2012, amending and supplementing certain provisions of the Regulation on visa exemptions for overseas Vietnamese citizens promulgated together with Decision No. 135/2007/QĐ-TTg.

Article 14. Effective Date

1. This Decree takes effect from November 15, 2015.

2. Decision No. 135/2007/QĐ-TTg dated August 17, 2007, promulgating the Regulation on visa exemptions for overseas Vietnamese citizens, and Decision No. 10/2012/QĐ-TTg dated February 10, 2012, amending and supplementing certain provisions of the Regulation on visa exemptions for overseas Vietnamese citizens promulgated together with Decision No. 135/2007/QĐ-TTg shall cease to be effective from the date this Decree takes effect.

Article 15. Responsibility for Implementation

1. The Ministry of Public Security shall take the lead in guiding and organizing the implementation of this Decree; and issue sample forms related to the issuance of visa exemption certificates.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and municipal People's Committees, and relevant agencies, organizations, and individuals shall be responsible for implementing this Decree./.