Tiếng Việt| THE STANDING COMMITTEE OF NATIONAL ASSEMBLY | SOCIALIST REPUBLIC OF VIET NAM |
| No. 24/2000/PL-UBTVQH10 | Hanoi, April 28, 2000 |
ON ENTRY, EXIT AND RESIDENCE OF FOREIGNERS IN VIETNAM
In order to contribute to implementing the State’s policy on development of friendly and cooperative relations with foreign countries and protect the national interests and sovereignty;
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam;
Pursuant to the Resolution of the 6th session of the Xth National Assembly on its 2000 program for law and ordinance making;
This Ordinance prescribes the entry, exit and residence of foreigners in Vietnam,
2. The foreigners who enter, exit, transit and/or reside in Vietnam must abide by Vietnamese laws and respect the traditions, customs and practices of the Vietnamese people. It is strictly forbidden to abuse the entry into, exit from, transit and/or residence in Vietnam to break laws.
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2. Agencies, organizations and individuals that invite foreigners into Vietnam shall have to ensure the compliance with foreigners’ entry purposes, ensure financial matters and their cooperation with the State bodies to settle arising problems for foreigners.
Article 3.- In this Ordinance, the following terms shall be construed as follows:
1. "Foreigners" are persons who do not bear the Vietnamese nationality;
2. "Permanently residing foreigners" are the foreigners who reside, work and earn their living permanently in Vietnam;
3. "Temporarily residing foreigners" are the foreigners who reside for a definite period of time in Vietnam;
4. "Entry" means to enter the Vietnamese territory through Vietnam’s international border gates.
5. "Exit" means to move out of the Vietnamese territory through Vietnam’s international border gates;
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2. Foreigners shall carry out procedures to apply for Vietnamese visas at the exit and entry management agency of the Ministry of Public Security, the consular office of the Ministry for Foreign Affairs, the Vietnamese diplomatic missions or consulates in foreign countries.
The visa application shall be replied within no more than 5 working days after the receipt of valid dossiers.
3. Persons aged under 14, who have been declared in the visa application of their escorts shall not have to fill in separate procedures for visa application.
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a) They enter for funerals of their relatives, for visits to their seriously ill relatives;
b) They depart from countries where Vietnamese diplomatic missions and/or consulates are not available;
c) They enter for visits under programs organized by international tour enterprises of Vietnam;
d) They enter to provide urgent technical support for programs, projects; to give first-aid to seriously ill persons, accident victims; to provide rescue for victims of natural disasters and epidemics in Vietnam;
e) For other urgent reasons.
2. The exit and entry management agency of the Ministry of Public Security shall issue visas as prescribed in Clause 1 of this Article.
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2. The visas include the following types:
a) The single visa which is valid for use only once during the period of not more than 12 months;
b) Multiple visa which is valid for use more than once during the period of not more than 12 months
c) Non-extendable visa.
Visas already granted to foreigners may be cancelled in one of the circumstances prescribed in Articles 8 and 9 of this Ordinance.
a) Failing to satisfy all conditions prescribed in Clause 1, Article 4 of this Ordinance;
b) Forging papers, deliberately making false declarations when carrying out procedures for entry application;
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d) Having seriously breached Vietnamese laws during their previous entries;
e) For reasons of protecting the national security or other special reasons as decided by the Minister of Public Security.
2. The Minister of Public Security shall consider and decide to permit the foreigners falling in cases prescribed in Clause 1 of this Article to enter the country.
1. Foreigners may be suspended from exit in one of the following cases:
a) They are being examined for penal liability or being the defendants in civil, economic or labor cases;
b) They are being obliged to serve penal sentences;
c) They are being obliged to serve civil, economic or labor judgements;
d) They are being obliged to execute decisions on sanctioning administrative violations, to fulfill their tax obligations and other financial obligations.
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3. The investigation bodies, procuracies, courts and judgement-enforcing agencies of the provincial/municipal or higher level are competent to decide the temporary suspension of exit in cases prescribed at Points a, b and c, Clause 1, of this Article.
The agencies competent to suspend exits shall have to issue decisions to unfreeze the exit suspension when the demand therefor no longer exists. Decisions on exit suspension and decisions to unfreeze the exit suspension must be notified in writing to the exit and entry management agency of the Ministry of Public Security for implementation.
4. The Minister of Public Security shall decide the exit suspension applicable to foreigners falling in cases prescribed at Point d, Clause 1 of this Article, at the requests of ministers, heads of ministerial-level agencies, heads of agencies attached to the Government or presidents of the People�s Committees of provinces or centrally-run cities.
5. Persons who issue decisions on exit suspension or propose the exit suspension contrary to the provisions of this Ordinance, if causing material losses to people being suspended from exit, shall have to make compensations therefor according to the provisions of law.
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a) They are people who have struggled for freedom and national independence, for socialism, for democracy and peace or for the cause of science, but have been subject to suppression;
b) They have meritorious contributions to the cause of building and defending the Vietnamese Fatherland;
c) They are spouses, offspring, parents of Vietnamese citizens residing in Vietnam.
2. Foreigners applying for permanent residence shall carry out the procedures therefor at the exit and entry management agency of the Ministry of Public Security.
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3. The permanently residing foreigners shall have to declare and report their temporary residence to the competent exit and entry management agencies of the Ministry of Public Security if they stay overnight outside their registered permanent residence addresses.
4. The permanent residence card- issuing agencies shall withdraw or cancel the cards when the card bearers leave for permanent residence in other countries or are expelled.
2. The temporary residence certificates shall be granted by the competent exit and entry management agencies of the Ministry of Public Security to foreigners at Vietnam’s international border gates. The permitted temporary residence duration is compatible to the valid duration of visa.
The already granted temporary residence certificates may be cancelled or cut short in terms of their valid duration in cases where the certificate grantees breach Vietnamese laws or have their temporary residence contrary to the registered purposes.
Foreigners residing temporarily shall have to declare and report their temporary residence to the competent exit and entry management agencies of the Ministry of Public Security; if requesting the granting, supplement or amendment of visas, extension of temporary residence or changes in the registered purposes of their temporary residence, they shall have to fill in the procedures therefor at the exit and entry management agencies of the Ministry of Public Security.
3. Foreigners who temporarily reside for 1 year or more shall be granted the temporary residence cards by the competent exit and entry management agencies of the Ministry of Public Security. The temporary residence cards shall be valid for between 1 and 3 years. The temporary residence card bearers shall be exempt from visas upon their entry and exit during the valid duration of the cards.
4. Foreigners who enjoy diplomatic or consular privileges and immunities shall fill in the procedures for granting, supplementing or amending visas, extending temporary residence and/or granting temporary residence cards at the Ministry for Foreign Affairs.
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1. Foreigners shall be expelled from Vietnam in the following cases:
a) They are sentenced to expulsion by competent courts of Vietnam;
b) They are expelled by decisions of the Minister of Public Security.
2. The expulsion of foreigners who enjoy the diplomatic or consular privileges and immunities shall be handled through diplomatic channels.
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3. Where the expelled persons are unwilling to execute the expulsion judgements or decisions, the exit and entry management agency of the Ministry of Public Security shall apply coercive expulsion measures.
STAGE MANAGEMENT OVER ENTRY, EXIT AND RESIDENCE OF FOREIGNERS IN VIETNAM
1. The promulgation of legal documents;
2. The conclusion of or accession to international treaties;
3. The performance of entry, exit, transit and residence management activities;
4. The State statistics;
5. The international cooperation;
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The Ministry of Public Security shall be answerable to the Government for its prime responsibility in the exercise of State management over entry, exit and residence of foreigners in Vietnam.
2. The Government shall issue the Regulation on coordination among the ministries, the ministerial-level agencies and the agencies attached to the Government; define the responsibility of the People’s Committees of all levels in exercising the State management over entry, exit and residence of foreigners in Vietnam.
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2. Those who abuse their positions and/or powers and breach the provisions of this Ordinance shall, depending on the nature and seriousness of their violations, be disciplined or examined for penal liability; if causing damage, they shall have to make compensation therefor according to the provisions of law.
Article 25.- This Ordinance shall come into force as from August 1st, 2000.
This Ordinance shall replace the February 21, 1992 Ordinance on entry, exit, residence and travel of foreigners in Vietnam.
The previous regulations contrary to this Ordinance shall all be annulled.
Article 26.- The Government shall detail and guide the implementation of this Ordinance.
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ON BEHALF OF THE NATIONAL ASSEMBLY STANDING COMMITTEE
CHAIRMAN
Nong Duc Manh
- 1 Ordinance No. 65-LCT/HDNN8 of February 21, 1992, on entry, exit, residence, and travel of foreigners in Vietnam.
- 2 Law No.47/2014/QH13 dated June 16, 2014, entry, exit, transit, and residence of foreigners in Vietnam
- 3 Law No.47/2014/QH13 dated June 16, 2014, entry, exit, transit, and residence of foreigners in Vietnam
- 1 Joint circular No. 04/2002/TTLT-BCA-BNG of January 29, 2002, guiding the implementation of the Government’s Decree No. 21/2001/ND-CP of May 28, 2001 detailing the implementation of the ordinance on entry, exit and residence of foreigners in Vietnam
- 2 Decree No. 21/2001/ND-CP, promulgated by The Government, detaling the implementation of The ordinance on entry, exit and residence of foreigners in Vietnam.
- 3 Circular No: 39/TC-TCT of June 26, 1997 providing guidance for the implementation of Decree No.05-Cp of January 20, 1995 and Decree No.30-Cp of April 05, 1997, of The Government Regulating in detail the implementation of the ordinance on income tax on high-income earners
- 4 1992 Constitution of the Socialist Republic of Vietnam
- 1 Joint circular No. 04/2002/TTLT-BCA-BNG of January 29, 2002, guiding the implementation of the Government’s Decree No. 21/2001/ND-CP of May 28, 2001 detailing the implementation of the ordinance on entry, exit and residence of foreigners in Vietnam
- 2 Circular No: 39/TC-TCT of June 26, 1997 providing guidance for the implementation of Decree No.05-Cp of January 20, 1995 and Decree No.30-Cp of April 05, 1997, of The Government Regulating in detail the implementation of the ordinance on income tax on high-income earners