Ordinance On Entry Exit & Residence Of Foreigners In Vi那tNam
The Prime Minister issued Decree 21/2001/NÑ-CP dated May 28, 2001 concerning guidelines for
the implementation of the Ordinance on Entry, Exit and Residence of Foreigners in Vietnam. The decree is effective from
June 28, 2001. The following are excerpts: |
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General Provisions |
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1. |
The decree provides procedures for foreigners＊ entry, exit, transit and residence in
Vietnam; invitation of foreigners to Vi那tNam; and obligation, collaboration of governmental agencies. |
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2. |
The decree also affects Vietnamese using foreign passports for entry, exit, transit and
residence in Vi那tNam. The repatriation of Vietnamese residing abroad is ruled in another document. The foreigners are
permitted to travel freely in Vi那tNam in line with their registered aim of entry, not mentioning prohibited areas
stated in the decree. |
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Entry and Exit |
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1. |
Validity and types of visas
- If a foreigner is invited to implement an investment
project or a cooperation contract, or to work for a foreign entity in Vi那tNam, he (she) and his (her) family can obtain
an entry visa for a maximum duration of twelve months.
- For foreigners invited to visit Vietnam for other
permitted
purposes, the maximum duration is six months.
- Fifteen-day visas for single entry may be
obtainable for
Travellers. |
|
2. |
Upon expiry of a visa, foreigners must apply for a new visa if they wish to enter Vi那tNam. |
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﹛ |
a. The agencies, organizations and individuals permitted to invite
foreigners to Vi那tNam include:
- The Party Central Committee, National Assembly, President,
Government and their affiliated bodies;
- The Supreme People＊s Court, the Supreme People＊s Court of
Investigation;
- Ministries and People＊s Committees and their subsidiaries;
- Central agencies of
mass organizations;
- Enterprises registered in compliance with Vietnamese law;
- Diplomatic
offices, foreign consulates, representatives of the UN＊s
international organizations and
intergovernmental organisations in
Vi那tNam;
- Branches of foreign companies, and rep
offices in Vietnam;
- Other establishments registered legally in Vietnam;
- Vietnamese nationals
and overseas Vietnamese residing
temporarily in Vi那tNam; and
- Foreigners allowed to
reside permanently or temporarily for more
than six months; |
|
﹛ |
b. Following the invitation of the Party central committee, National
Assembly, President, Government, ministers and chairpersons of
People＊s Committees, the relevant
bodies shall send writing
notice of invitation to the Consular Department under the Ministry
of Foreign Affairs. The department will inform Vietnamese
diplomatic agencies and consulates
abroad to grant visas to the
invited visitors, at the same time notify the Immigration
Department under the Ministry of Police. |
|
3. |
Other individuals and organizations wishing to invite foreigners to Vi那tNam shall send a
writing request to the Immigration Department under the Ministry of Police. The Department will notify Vietnamese
diplomatic agencies and consulates abroad to grant visas to the invited visitors within five working days since
reception of the notice. |
|
﹛ |
Organizations and individuals wishing to obtain visas for foreigners at the Vi那tNam＊s
international ports in accordance with Article 6 of the Ordinance shall submit a writing request to the Immigration
Department under the Ministry of Police. In case of emergency, the request must be submitted 12 hours at least upon the
foreigner＊s arrival. |
|
﹛ |
According to the Ordinance, foreigners holding an invitation can obtain a visa upon arrival
if they can produce evidence of the following reasons:
- attending the funeral of a relative;
- visiting a
seriously-ill relative;
- coming from a country where a diplomatic office is not available;
- visiting under a
program organised by an international tour operator
in Vi那tNam;
- urgent technical support for programs or
projects;
- first-aid service for seriously-ill persons or accident victims;
- rescue of victims of natural
disasters or epidemics in Vi那tNam; and
- other urgent reasons. |
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﹛ |
In the following case, the invitation of foreigners to Vi那tNam, which is not affected by
the above regulation, shall get approval from the following government agencies: The Government Committee for Religion
in case of religious activities; and the Committee for Ethnic Minorities and Mountainous Areas if concerning ethnic
issues; the Ministry of Foreign Affairs and Ministry of Culture and Information if pertaining to information and press
activities. |
|
﹛ |
Foreigners wishing to enter the country without an invitation can now directly submit
applications for fifteen-day visas to the relevant diplomatic office. The consideration and issue of these visas shall
be done within three working days at most after receiving an application form with photos. |
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﹛ |
Residence
The foreigner or the person/organization inviting him/her shall
specify in the visa application the purpose, duration of the visit and his/her address in Vi那tNam. |
|
﹛ |
In case of visa exemption following international agreement which Vi那tNam has signed or
joined, the foreigner＊s purpose and residence in Vi那tNam shall be in compliance with that agreement. The address is
specified when the foreigner registers temporary residence. |
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﹛ |
Foreigners are not allowed to reside in the border area in accordance with Vietnamese law.
They must apply for license at the immigration office under the provincial or city Police if they wish to come to
the border area. |
|
﹛ |
The Immigration Department under the Ministry of Police shall grant licenses of permanent
residence and temporary residence to the foreigners. |
|
﹛ |
- As for visa holders, their temporary residence certificate shall
be issued in
accordance with the visa validity.
- As for visa-free visitors, their temporary residence certificate
shall be issued in accordance with the international agreement
which Vietnam has signed or joined.
- As
for officials of the ASEAN Secretary Board, their temporary
residence certificate has a duration of 30 days. |
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﹛ |
Holders of permanent or temporary residence licenses, which remain valid, are not granted
certificates of temporary residence. |
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﹛ |
The foreigner staying overnight at a private house shall directly or ask the landlord to
make registration at the village or ward police office. |
|
﹛ |
Exits and Expulsion
The Ordinance provides that a foreigner may freely
exit from Vi那tNam. However exit from Vi那tNam may be delayed if the foreigner is subject to criminal investigations, has
been convicted or prosecuted, or has been sanctioned to an administrative penalty concerning tax obligations, etc. |
|
﹛ |
The provincial and city courts and the Minister of Police may allow a foreigner to exit
Vi那tNam if he (she) guarantees the fulfillment of his/her obligations. |
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﹛ |
The Minister of Police has the power to expel foreigners in the following cases:
- the foreigner seriously violates Vietnamese law or is subject
to an administrative penalty;
- the foreigner commits an offence but is exempted from
prosecution or criminal liability; and
- for the purpose of national security and social order and
safety. |
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﹛ |
Note: This is an abbreviated translation of the original. The laboured English is due to
intent not to add words or vary the meaning of the original document. |
