DECREE

DETAILING THE IMPLEMENTATION OF THE ORDINANCE ON ENTRY, EXIT AND RESIDENCE OF FOREIGNERS IN VIETNAM

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of September 30, 1992;
Pursuant to the April 28, 2000 Ordinance on Entry, Exit and Residence of Foreigners in Vietnam;
At the proposal of the Minister of Public Security,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- This Decree prescribes the procedures applicable to foreigners who enter, exit, transit and/or reside in Vietnam; the invitation of foreigners into Vietnam by agencies, organizations and individuals; the responsibilities of and working coordination among the State functional bodies.

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Article 2.- Foreigners may travel freely on the Vietnamese territory in accordance with the already registered entry purposes, except for areas banned from travel by foreigners as prescribed in Article 12 of this Decree.

Chapter II

ENTRY, EXIT AND TRANSIT

Article 3.-

1. Visas shall be granted as part of passports of foreigners. In the following cases, loose visas shall be granted in attachment to passports:

a/ No more visa-granting page is left in the passport, which has not yet been renewed;

b/ Passports issued by countries which have not yet established diplomatic or consular relations with Vietnam;

c/ For security or diplomatic reasons.

2. Validity and duration of visas:

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b/ Single or multiple visas, which are valid for no more than 6 months, shall be granted to persons who have been invited by agencies, organizations and individuals into Vietnam and do not fall into the cases specified at Point a of this Clause;

c/ Single visas, which are valid for 15 days, shall be granted to persons applying for entry without any invitation by agencies, organizations and individuals in Vietnam.

3. Upon the expiry of their visas, the visa bearers who wish to make other entries into and exits from Vietnam shall have to fill in the procedures for applying for new visas.

Article 4.-

1. Agencies, organizations and individuals that may invite foreigners into Vietnam according to the provisions of Article 2 of the Ordinance on Entry, Exit and Residence of Foreigners in Vietnam (hereinafter referred to as the Ordinance) include:

a/ The Party Central Committee, the National Assembly, the State President, the Government and their attached bodies;

b/ The Supreme Peoples Court and the Supreme Peoples Procuracy;

c/ The ministries, the ministerial-level agencies, the agencies attached to the Government, the Peoples Committees of the provinces and centrally-run cities and their attached bodies;

d/ The central agencies of the mass organizations;

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f/ Foreign diplomatic missions and consular offices, representative offices of the United Nations international organizations and inter-governmental organizations based in Vietnam;

g/ Branches of foreign companies; representative offices of foreign economic, cultural and other professional organizations based in Vietnam;

h/ Other agencies and organizations lawfully established and operating in Vietnam;

i/ Vietnamese citizens residing in the country; overseas Vietnamese citizens currently on temporary residence in Vietnam;

j/ Foreigners permanently residing in Vietnam and those temporarily residing in Vietnam for 6 months or more.

2. The invitation of foreigners by agencies and organizations must conform with their functions or operation licenses granted by the competent Vietnamese agencies. Vietnamese citizens residing in the country, overseas Vietnamese citizens currently on temporary residence in Vietnam, foreigners permanently residing in Vietnam and those temporarily residing in Vietnam for 6 months or more shall be entitled to invite foreigners into Vietnam for visits.

Article 5.-

1. Agencies assigned to assume the prime responsibility for receiving foreign guests into Vietnam at the invitation of the Party Central Committee, the National Assembly, the State President or the Government and guests of the equivalent level of ministers, vice ministers, presidents or vice presidents of the Peoples Committees of the provinces and centrally-run cities, shall send written notices on the invitation and reception of foreign guests to the Consular Department of the Ministry for Foreign Affairs. The Consular Department of the Ministry for Foreign Affairs shall notify the Vietnamese diplomatic missions or consular offices in foreign countries thereof, so that the latter grant visas to the above-said invited guests, and at the same time notify such to the Exit and Entry Management Department of the Ministry of Public Security.

For foreigners entering to work at the foreign diplomatic missions or consular offices, representative offices of the United Nations international organizations, the inter-governmental organizations based in Vietnam and their accompanying next of kin and servants, the above-said agencies shall have to send written notices on the invitation and reception of foreign guests to the Consular Department of the Ministry for Foreign Affairs. The Consular Department of the Ministry for Foreign Affairs shall notify such in writing to the Exit and Entry Management Department of the Ministry of Public Security before notifying and requesting the Vietnamese diplomatic missions or consular offices in foreign countries to grant visas.

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2. Agencies, organizations and individuals that invite foreigners into Vietnam who are not specified in Clause 1 of this Article shall send written notices or requests to the Exit and Entry Management Department of the Ministry of Public Security.

The Exit and Entry Management Department of the Ministry of Public Security shall notify its approval to the Vietnamese diplomatic mission or consular offices in foreign countries so that the latter grant visas to invited foreigners within 5 working days after the written notices or requests are received. If it detects that the invited foreigners fall into cases not yet permitted for entry, the Exit and Entry Management Department of the Ministry of Public Security shall inform the inviting agencies, organizations and/or individuals thereof.

3. Agencies, organizations and/or individuals that wish to have visas granted at Vietnams international border-gates to foreigners falling into cases specified in Article 6 of the Ordinance shall send written requests to the Exit and Entry Management Department of the Ministry of Public Security. In cases of application for visa granting at border-gates for urgent reasons, the written requests therefor must be filed at least 12 hours before the invited foreigners arrive at the border-gates.

Article 6.-

1. In the following cases, the invitation of foreigners into Vietnam by agencies and organizations not specified in Clause 1, Article 5 of this Decree must be agreed upon by the Governments functional bodies:

a/ Those entering Vietnam for religious activities must be agreed upon by the Governments Religion Commission; and entering for activities related to ethnic issues must be consented by the Commission for Ethnic Minorities and Mountainous Areas;

b/ Those entering Vietnam for information and press activities must be agreed upon by the Ministry for Foreign Affairs and the Ministry of Culture and Information.

2. When sending their written requests to the Exit and Entry Management Department of the Ministry of Public Security, agencies and organizations must enclose the consents of the functional bodies defined at Points a and b, Clause 1 of this Article.

Article 7.-

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The Vietnamese diplomatic missions or consular offices in foreign countries shall base themselves on notices of the Exit and Entry Management Department of the Ministry of Public Security or the Consular Department of the Ministry for Foreign Affairs to grant visas to foreigners upon receiving the latters visa applications and photos.

2. Foreigners applying for visas for entry into Vietnam without invitation and reception by any Vietnamese agency, organization or individual shall file their visa applications and photos to the Vietnamese diplomatic missions or consular offices in foreign countries for consideration and granting of visas which shall be valid for 15 days.

The consideration and granting of visas shall be carried out within no more than 3 working days after the applications and photos are received.

Article 8.-

1. The Vietnamese diplomatic missions and consular offices in foreign countries shall refuse to grant visas to persons falling into cases prescribed at Points a, b and d, Clause 1, Article 8 of the Ordinance.

For cases prescribed at Point e, Clause 1, Article 8 of the Ordinance, the Vietnamese diplomatic missions or consular offices in foreign countries shall refuse to grant visas according to notices of the Exit and Entry Management Department of the Ministry of Public Security.

2. The Exit and Entry Management Department of the Ministry of Public Security shall not permit the entry for cases prescribed at Points a, b, d and e, Clause 1, Article 8 of the Ordinance.

3. In cases where the entries are not permitted for reason of epidemic and disease prevention and combat as prescribed at Point c, Clause 1, Article 8 of the Ordinance, the Vietnamese diplomatic missions or consular offices in foreign countries and the Exit and Entry Management Department of the Ministry of Public Security shall abide by the Ministry of Healths notices.

Article 9.-

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2. The Minister of Public Security shall decide to permit the exit for cases specified at Point d, Clause 1, Article 9 of the Ordinance with monetary or property bails or other measures to secure the performance of the obligation to abide by decisions on sanctions against administrative violations, tax obligations and other financial obligations.

Article 10.- Foreigners on transit who wish to enter Vietnam for sightseeing or tourist purposes shall be permitted by the Exit and Entry Management Department according to the Regulation of the Ministry of Public Security. The Ministry of Public Security shall prescribe the scope of transit area and forms of papers to be granted to transiting foreigners for entering Vietnam for sightseeing or tourist purposes.

Chapter III

RESIDENCE

Article 11.-

1. Foreigners entering Vietnam at the invitation of agencies, organizations or individuals at home shall, through the inviters, register their residence purposes, durations and addresses in Vietnam with the Exit and Entry Management Department of the Ministry of Public Security or the Consular Department of the Ministry for Foreign Affairs in the written requests upon carrying out the procedures prescribed in Article 5 of this Decree.

2. Foreigners not invited by any Vietnamese agency, organization or individual shall state for registration their residence purposes, durations and addresses in Vietnam in their visa applications.

3. For foreigners who are exempt from visas under international treaties which Vietnam has signed or acceded to, the purposes and durations of their residence in Vietnam must be compliant with such international treaties. Such persons shall have to register their residence addresses upon carrying out the procedures for temporary residence declaration according to the provisions of Article 15 of this Decree.

Article 12.-

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Foreigners who wish to enter the border areas shall have to carry out the procedures to apply for permission therefor at the exit and entry management bodies under the police offices of the provinces and centrally-run cities that have such border areas.

2. Foreigners are not allowed to enter areas where no-pass signboards are put up according to the regulations of Vietnamese competent agencies.

Foreigners who wish to enter areas where no-pass signboards are put up shall have to carry out the procedures to apply for permission therefor at the bodies directly managing such areas.

Article 13.-

1. Foreigners applying for permanent residence permission under cases specified at Points a and b, Clause 1, Article 13 of the Ordinance shall file their dossiers to the Exit and Entry Management Department of the Ministry of Public Security. Such a dossier comprises:

a/ The applicants photo and application for permanent residence permission made according to the form set by the Ministry of Public Security;

b/ His/her curriculum vitae made by the applicant himself/herself;

c/ Copy of his/her passport (if any).

The Ministry of Public Security shall report to the Prime Minister for decision the foreigners� application for permanent residence mentioned in this Clause.

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a/ The applicants photo and application for permanent residence made according to the form set by the Ministry of Public Security;

b/ His/her judicial records certified by the competent agency of the country, of which he/she is a citizen;

c/ Official note of the competent agency of the country, of which he/she is a citizen, requesting the Vietnamese authorities to permit him/her to permanently reside in Vietnam;

d/ Papers evidencing that the permanent residence applicant falls under the cases specified at Point c, Clause 1, Article 13 of the Ordinance;

e/ Copy of the applicants passport.

The Minister of Public Security shall decide the permanent residence application by foreigners mentioned in this Clause.

3. Foreigners who are permitted for permanent residence shall be granted permanent residence cards by the exit and entry management body(ies). In case where the permanent residence is not permitted, the exit and entry management body(ies) shall notify such in writing to the permanent residence applicants.

4. Once every three years, foreigners on permanent residence shall have to present themselves at the exit and entry management bodies under the police offices of the provinces or centrally-run cities. Upon presenting themselves, they shall have to produce their permanent residence cards and submit their photos for renewal of such cards. The exit and entry management body(ies) shall immediately carry out the granting of new cards free of charge.

Article 14.-

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a/ For persons who carry visas, the temporary residence certificates shall be granted in conformity with the valid duration of their visas;

b/ For persons who are exempt from visas under international treaties which Vietnam has signed or acceded to, the temporary residence certificates shall be granted according to the durations prescribed in such international treaties;

c/ For officials and employees of the ASEAN Secretariat, the 30-day temporary residence certificates shall be granted.

2. Persons who carry permanent residence cards or temporary residence cards, which remain valid, shall not be granted temporary residence certificates.

Article 15.-

1. Foreigners who stay overnight at hotels or residential quarters reserved for foreigners (including residential quarters of the diplomatic corps) shall have to make temporary residence declaration through the hotel owners or residential quarters managers. The hotel owners or residential house quarters managers shall have to transfer contents of temporary residence declaration by foreigners to the exit and entry management bodies under the police offices of the provinces and centrally-run cities.

2. Foreigners who stay overnight at private houses of citizens shall have to personally or through house owners make temporary residence declaration with the police offices of wards or communes where they temporarily reside. The ward or commune police offices shall have to transfer contents of temporary residence declaration by foreigners to the exit and entry management bodies under the police offices of the provinces or centrally-run cities.

Article 16.-

1. Regarding the granting of temporary residence cards; extension of temporary residence duration; granting, supplement and amendment of visas for foreigners:

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b/ For persons not falling under the cases specified at Point a of this Clause, the agencies, organizations and individuals that invite foreigners into Vietnam shall send written requests to the Exit and Entry Management Department of the Ministry of Public Security or the exit and entry management bodies under the police offices of the provinces and centrally-run cities. In case of application for temporary residence cards, the applicants photos must be enclosed therewith.

2. Foreigners who wish to change their temporary residence purposes shall, through agencies, organizations and individuals in Vietnam, have to carry out the procedures for requesting the permission of the Exit and Entry Management Department of the Ministry of Public Security. The agencies, organizations and individuals that request permission for the foreigners to change their temporary residence purposes shall have to comply with the provisions of Article 27 of this Decree. For those permitted to change their temporary residence purposes, the Exit and Entry Management Department of the Ministry of Public Security shall grant new visas in conformity with the changed purposes.

Foreigners who apply for the change of their temporary residence purposes in order to officially work at Vietnam-based foreign diplomatic missions or consular offices, representative offices of the United Nations international organizations or inter-governmental organizations shall carry out the procedures therefor at the Ministry for Foreign Affairs.

3. Foreigners entering Vietnam, under the cases of visa exemption according to international treaties which Vietnam has signed or acceded to and wishing to stay beyond the time limits prescribed in such international treaties shall have to carry out the procedures to apply for visas according to the provisions of Clause 1 of this Article. In cases where their temporary residence duration must be prolonged due to force majeure circumstances, they shall be given temporary residence extension with appropriate duration by the competent body and exempt from the visa application procedures.

Chapter IV

EXPULSION

Article 17.- The Minister of Public Security is competent to issue decisions to expel foreigners in the following cases:

1. They seriously violate the Vietnamese law and are administratively sanctioned;

2. They commit offenses but are exempt from penal liability examination;

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Article 18.- Basing itself on the specific conditions and circumstances for the enforcement of expulsion decisions of the Minister of Public Security, the exit and entry management body of the Ministry of Public Security shall decide on:

1. The application of measures of management, superintendence and administrative custody against expelled persons pending the enforcement of expulsion decisions according to the provisions of law;

2. Methods and places to effect the expulsion;

3. Other matters related to the enforcement of expulsion decisions according to the provisions of law.

Article 19.- The head of the exit and entry management body of the Ministry of Public Security may temporarily postpone the expulsion of foreigners within 24 hours according to the time limit prescribed in expulsion decisions of the Minister of Public Security in the following cases where:

1. There are decisions of the investigation body, procuracy or court of the provincial or higher level not to permit the expelled persons to exit yet;

2. The expelled persons are under critical health conditions, being unable to exit;

3. The expulsion cannot be effected due to bad weather, natural calamities or other force majeure circumstances.

If the expulsion postponement lasts for more than 24 hours, the exit and entry management body shall have to report thereon to the Minister of Public Security for decision.

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1. To strictly abide by the expulsion decisions; to be subject to the management and superintendence by the exit and entry management body of the Ministry of Public Security pending the enforcement of the expulsion decisions;

2. To quickly complete the necessary procedures for their exits from Vietnam within the prescribed time limit;

3. To bear all expenses for their exits.

Article 21.- The expulsion of foreigners under the courts judgments shall be effected according to other provisions of the legislation on execution of the expulsion penalty.

Chapter V

RESPONSIBILITIES OF AND THE WORKING COORDINATION AMONG THE STATE�S FUNCTIONAL BODIES AND RESPONSIBILITIES OF AGENCIES, ORGANIZATIONS AND INDIVIDUALS INVITING FOREIGNERS INTO VIETNAM

Article 22.- The Ministry of Public Security has the responsibilities:

1. To assume the prime responsibility and coordinate with the concerned ministries and branches in drafting for submission to the Government laws, ordinances and the Governments documents on entry, exit and residence of foreigners in Vietnam;

2. To guide agencies, organizations and individuals in implementing the law provisions on entry, exit and residence of foreigners in Vietnam;

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4. To undertake international cooperation in the management of entry, exit and residence of foreigners in Vietnam;

5. To make the State statistics on entry, exit and residence of foreigners in Vietnam;

6. To grant, amend, supplement and/or revoke visas; to grant, extend, amend and/or revoke the temporary residence certificates, temporary residence cards and permanent residence cards for foreigners in Vietnam (except for cases where the Ministry for Foreign Affairs conduct such activities according to the provisions in Clause 6, Article 23 of this Decree);

7. To assume the prime responsibility and coordinate with the Ministry for Foreign Affairs in promulgating the forms of applications and papers to be issued to foreigners on entry, exit or residence in Vietnam; to uniformly manage such application and paper forms.

Article 23.- The Ministry for Foreign Affairs has the responsibilities:

1. To guide foreign diplomatic missions and consular offices, representative offices of the United Nations international organizations and inter-governmental organizations based in Vietnam in matters related to the procedures for entry, exit and residence of foreigners in Vietnam;

2. To direct and guide the Vietnamese diplomatic missions and consular offices abroad in observing the regulations on entry, exit and residence of foreigners in Vietnam;

3. To assume the prime responsibility and coordinate with the Ministry of Public Security in handling law violations committed by foreigners who enjoy the diplomatic or consular privileges and immunities;

4. To assume the prime responsibility and coordinate with the Ministry of Public Security in negotiating and signing international treaties on visa exemption with foreign countries, or acceding to other international treaties concerning foreigners entry, exit and residence;

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6. To grant, amend, supplement and/or revoke visas; to grant, extend, amend and/or revoke the temporary residence certificates, temporary residence cards to foreigners entering Vietnam at the invitation of the Party Central Committee, the National Assembly, the State President, the Government and guests of the equivalent level of the ministers, vice ministers; presidents or vice presidents of the Peoples Committees of the provinces and centrally-run cities; persons enjoying the diplomatic or consular privileges and immunities who enter Vietnam to work at the foreign diplomatic missions and consular offices, representative offices of the United Nations international organizations or inter-governmental organizations based in Vietnam, and their accompanying next of kin and servants.

Article 24.- The Ministry of Defense (the Border Guards) has the responsibilities

1. To control and check the entries and exits of foreigners at the international border-gates managed by the Ministry of Defense (the Border Guards).

2. To grant visas or temporary residence certificates at the international border-gates managed by the Ministry of Defense (the Border Guards) under the authorization and guidance of the exit and entry management body of the Ministry of Public Security.

Article 25.- The Vietnamese diplomatic missions and consular offices abroad have the responsibilities:

1. To provide guidance on the regulations on entry, exit and residence of foreigners in Vietnam to foreigners who apply for entry into Vietnam;

2. To coordinate with the Ministry of Public Security and the Ministry for Foreign Affairs in handling law violations committed by foreigners;

3. To undertake international cooperation in the management of entry, exit and residence of foreigners in Vietnam according to the provisions of law;

4. To grant, amend, supplement and/or revoke visas of various kinds in foreign countries according to the provisions of law.

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1. The Peoples Committees of the provinces and centrally-run cities shall have to promulgate regulations on the working coordination between the police offices and other State bodies in their respective localities in the management of entry, exit and residence of foreigners in accordance with the provisions of law; to conduct the supervision, inspection, examination and handling of law violations in the field of entry, exit and residence of foreigners in their respective localities.

2. The police offices of the provinces and centrally-run cities shall assume the prime responsibilities and assist the provincial/municipal Peoples Committees in performing the State management function in the field of entry, exit and residence of foreigners in their respective localities.

Article 27.- Agencies, organizations and individuals that invite foreigners into Vietnam have the responsibilities:

1. To ensure the entry purposes unchanged, by:

a/ Registering with the functional body(ies) the contents and programs of planned activities of the invitees before their entries;

b/ Managing activities of the invitees, ensuring that the registered contents and programs are strictly adhered to;

c/ Carrying out the procedures related to the invitees activities in Vietnam according to the provisions of law.

2. To collaborate with the competent State body(ies) in settling unexpected incidents occurred to invited foreigners, by:

a/ Taking part in handling law-breaking acts, accidents or other troubles committed by or related to the invitees and overcoming their consequences at the request of functional body(ies);

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3. To ensure financial matters, by:

a/ Paying expenses or providing financial guarantees in cases where the invitees have no financial source available on the spot to settle expenses prescribed by the Vietnamese law;

b/ Paying to the Exit and Entry Management Department of the Ministry of Public Security and/or the Consular Department of the Ministry for Foreign Affairs facsimile or telegraph charges for communicating with the Vietnamese diplomatic missions and consular offices abroad, for the granting of visas to foreigners.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 28.-

1. This Decree takes effect 30 days after its signing and replaces the following regulations:

- The Governments Decree No.04/CP of January 18, 1993 detailing the implementation of the Ordinance on Entry, Exit, Residence and Travel of Foreigners in Vietnam;

- The Governments Decree No.17/CP of March 30, 1993 amending a number of articles and clauses of Decree 04/CP of January 18, 1993 detailing the implementation of the Ordinance on Entry, Exit, Residence and Travel of Foreigners in Vietnam;

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2. The previous stipulations which are contrary to this Decree are now all annulled.

Article 29.- The Ministry of Public Security shall assume the prime responsibility and coordinate with the Ministry for Foreign Affairs in issuing a circular guiding the implementation of this Decree.

Article 30.- The Finance Ministry shall assume the prime responsibility and coordinate with the Ministry of Public Security and the Ministry for Foreign Affairs in promulgating a circular guiding the fees for granting, extension, supplement and amendment of papers and certificates to foreigners prescribed in this Decree and guiding the deduction of a proportion of fines for administrative violations in the field of exit and entry to cover expenses for the handling of foreigners who commit violations of the legislation on entry, exit and residence in case of necessity.

Article 31.- The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the Peoples Committees of the provinces and centrally-run cities shall have to implement this Decree.

ON BEHALF OF THE GOVERNMENT
PRIME MINISTER




Phan Van Khai