How does the Immigration Authority in Vietnam manage the entry and exit of foreigners?

A. LEGAL BASIS:

• Law on entry, exit, transit and resident of foreigners in Vietnam 2014.
• Decree No. 07/2017/NĐ-CP on processes and procedures for pilot issuance electronic visa to foreigners entering Vietnam.
• Decree No. 17/2019/NĐ-CP on amendments to the government's Decree No. 07/2017/NĐ-CP dated January 25, 2017 prescribing processes and procedures for pilot issuance electronic visa to foreigners entering Vietnam.
• Circular No. 04/2015/TT-BCA dated on January 05, 2015 on specimen papers concerning foreigners entering, leaving and residing in Vietnam.
• Circular No. 31/2015/TT-BCA dated July 06, 2015 on guiding on the issuance of visas, temporary resident card, entry/exit permit, and granting permanent resident status for foreigners in Vietnam.  
• Circular No. 219/2016/TT-BTC dated November 10, 2016 on the collection, regime of collection, management and use of fees and charges in the entry, exit, transit and resident in Vietnam.
• Circular No. 53/2016/TT-BCA on the declaration and acknowledgment of information on the temporary residency of foreigners in Vietnam.

B. FOREIGNERS’ IMMIGRATION MANAGEMENT:

I. VISAS:

1. Regulations on Visas:

2. Processes and procedures for issuing visas for foreigners:

2.1. General regulations on Vietnamese visas for foreigners:

Conditions for entry:

• The foreigner has a passport/laissez-passer and a visa.

Any foreigner that enters Vietnam and is unilaterally granted visa-free entry must have a passport that is still valid for at least 06 months, and the entry date must be at least 30 days from the previous exit;

• The foreigner is not suspended from entry as below:

• Children under 14 years of age without parents, guardians or authorized custodians.
• Forging papers or providing false information to obtain entry/exit/residence permit.
• Any person suffering from a mental disease or infectious disease that threatens the public health.
• Any person that was deported from Vietnam within the last 03 years.
• Any person that was compelled to leave Vietnam within the last 06 months.
• For reasons of epidemic prevention.
• For reasons of natural disasters.
• For reasons of national defense, national security, social order, and social safety.

Proof of entry purposes must be provided when applying for a visa in the following cases:

• Any foreigner who comes to make investment must have papers proving the investment in Vietnam in accordance with the Law on Investment;
•  Any foreigner who works as a lawyer in Vietnam must have a practice license in accordance with the Law of Lawyers;
• Any foreigner who comes to work in Vietnam must have work permits in accordance with the Labor Code;
• Any foreigner who comes to study in Vietnam must have written acceptance of a school or an educational institution in Vietnam.

Visa issuance at border checkpoints:

• A foreigner shall be issued with a visa at a border checkpoint in the following cases:

• The foreigner departs from a country that does not have any visa-issuing authority of Vietnam;
• The foreigner has to stop by multiple countries before arriving at Vietnam;
• The foreigner comes to Vietnam to take a tour organized by an international tourism company in Vietnam;
•  Foreign crewmembers of a ship anchoring at a Vietnam’s port and wish to leave Vietnam through another border checkpoint;
• The foreigner comes to Vietnam to attend a funeral of his/her relative, or to visit a gravely ill relative;
• The foreigner comes to Vietnam to participate in dealing with an emergency, rescue, prevention of natural disasters, epidemics, or for another purpose at the request of a competent authority of Vietnam.

• The application consists:

• His/her passport or laissez-passer
• Fill the application for the visa, and append his/her picture at the immigration counter. (NA1 form of Circular 04/2015/TT-BCA).
• A child under 14 years of age shall be mentioned in the same application filed by his/her parent or guardian in case the child use the same passport of his/her parent or guardian.

Visa issuance at an immigration authority or competent authority of the Ministry of Foreign Affairs:

• Any foreigner who has a temporary residence in Vietnam and wishes to obtain a new visa shall request the inviting entity to follow the procedures at an immigration authority or a competent authority of the Ministry of Foreign Affairs.

• The inviting entity mentioned shall directly send:

• An application for the visa
• Passport or laissez-passer of the foreigners

• Entitlement to decide: Immigration authority or a competent authority of the Ministry of Foreign Affairs.
• Time for consideration: 05 working days

Cases in which visas are issued separately

• The passport has no more blank pages to issue visa.
• The passport is issued by a government that has not had a diplomatic relation with Vietnam.
• Laissez-passer.
• For reasons of diplomacy, or national defense and national security.

Cases of visa-free entry

• The cases prescribed in international agreements to which Vietnam is a signatory.
• Permanent residence cards and temporary residence cards are used.
• Entry to checkpoint economic zones, special administrative-economic units.
• Unilateral visa-free entry:

• The country has a diplomatic relation with Vietnam;
• The decision is conformable with the policies on socio-economic development and diplomacy of Vietnam in each period;
• The decision does not threaten national defense, national security, social safety and social order of Vietnam.

• The validity period of a decision to unilaterally grant visa-free entry shall not exceed 05 years and may be extended. A decision to unilaterally grant visa-free entry shall be invalidated if any of the above conditions.
• Vietnamese people residing overseas who have passports or laissez-passers issued by foreign authorities, foreigners being their spouses or children; foreigners being spouses and children of Vietnamese citizens shall be granted visa-free entry as prescribed by the government.

2.2. Procedures for applying the visa for foreigners in Viet Nam

STEP 1: Applying for an official letter for entering Viet Nam:

Application submitted at the competent authority of the Ministry of Foreign Affairs:

• Visa type: symbols visa  NG1, NG2, NG3, NG4
• Visa NG1, NG2: Any entity that invites or sponsors a foreigner must send a written notification to a competent authority of the Ministry of Foreign Affairs in order for an overseas agency of Vietnam competent to issue visas to issue a visa (if a visa is required), and notify the immigration authority.
• Visa NG3, NG4: The inviting entity shall directly send an application for the visa to a competent authority of the Ministry of Foreign Affairs. The competent authority of the Ministry of Foreign Affairs shall send a written notification to the immigration authority.
• Time limit for settlement: Within 02 working days, if the immigration authority does not offer any opinions.

 If the application is submitted at a border checkpoint, it is required to specify the border checkpoint, entry time, and reasons for applying for the visa at the border checkpoint.

• After receiving the written response from the competent authority of the Ministry of Foreign Affairs, the inviting entity shall request the foreigner to follow the procedures for receiving the visa at the overseas visa-issuing authority of Vietnam.
• The entity that applies for the grant of a visa to a foreigner at an overseas visa-issuing authority of Vietnam shall pay the fee for notification of visa issuance to the competent authority of the Ministry of Foreign Affairs.

Application submitted at the immigration authority:

Visa type: Except for visas: NG1, NG2, NG3, NG4

The subject is obliged to apply for the application of guarantee for entry: The social organization, company, or another organization having legal status as prescribed by Vietnam’s law, the branch of a foreign trader, the representative office of a foreign economic, cultural, and professional organization in Vietnam.

The application consists of:

• A certified true copy of the license or decision of the competent authority on the establishment of the organization
• A document introducing the seal and signature of a competent person of the organization according to the NA16 form  of Circular 04/2015 / TT-BCA;
•  Application of entry visa for foreigners according to NA2 form of Circular 04/2015 / TT-BCA for organizations.
• Vietnamese Visa application form for relatives as foreigners according to NA3 form of Circular 04/2015 / TT-BCA for individuals.

One of the following file (sets) (depending on visa symbol):

For visa TT, VR: Paper proving of personal relationship and permanent residence of Vietnamese guarantor.

For visa ĐT: Documents proving capital contribution, investment, and law practice.

For visa LD, DN: Appointment of a foreigner and/or written invitation for a foreigner to work for an economic organization in Vietnam and/or work permit (if granted) and/or certificate of exemption from work permit and the introduction letter.

For visa DH: Information and documents proving legal status of schools or educational institutions; written agreement between foreign schools or educational institutions and Vietnam, written acceptance letter of schools, the confirmation of Vietnam on student’s identity, training schedules and other information...

For visa LV: Written consent of officials, pastor, Monks allowed to enter Vietnam for religious activities, religious rituals, international cooperation activities.

For visa NN: Copy of appointment of a manager, team leader or senior leader of the representative office, branches of foreign traders, projects of international organizations and foreign non-governmental organizations.

For the other visas:  The official letter, invitations, certificates of Vietnamese organizations for foreign individuals entering Vietnam.

The notification shall only be sent once. If the contents of the application are changed, an additional notice shall be sent.

• Time for consideration:

Within 05 working days from the receipt of the application for the visa, the immigration authority shall consider granting it, send a response to the inviting entity, and notify the overseas visa-issuing authority of Vietnam.

• After receiving the written response from the immigration authority, the inviting entity shall notify the foreigner to follow the procedures for receiving the visa at the overseas visa-issuing authority of Vietnam.
• Procedure: Foreigners come to the visa-issuing authority to fill out the NA1 form and present the original passport.
• Any entity that applies for a visa for a foreigner at an overseas visa-issuing authority of Vietnam must pay the fee for notification of visa issuance to the immigration authority.

Step 2: Applying for entry visa for foreigners

The application consists of:

• The passport or international laissez-passer that is still valid for at least 06 months, and the entry date must be at least 30 days from the previous exit.
• The sponsoring application by the individual organization in Viet Nam
• Application form for Vietnamese visa and temporary residence extension according to the NA5 form of Circular 04/2015 / TT-BCA;
• Written introduction of legal seal and signature of competent persons of the organization according to the NA16 form of Circular 04/2015 / TT-BCA;
• A notarized copy of the license or decision of the competent authority on the establishment of the sponsor organization, or identity card or citizen identity of the sponsor.
• Personal referral for submission the file

Place of receipt: Immigration authority.

Time for consideration: 3 – 5 working days.

Step 3: Pay and get a receipt

The costs are paid at the time of submission according to the following fee schedule:

After paying, the person who performs the procedure receives the receipt and based on the appointment date to receive the results.

2.3. Issuing electronic visa to enter to Vietnam:

Countries are eligible for issuance electronic visas:

Procedures:

Step 1: Access the electronic visa registration webpage of the immigration authority.

Step 2: Online declaration of personal information, entry information... according to the form displayed on the website and confirm the accuracy of the information.

Step 3: Pay online for the visa with Visa Online or Master Card

Step 4: After 2 or 3 days, the immigration authority will send via email to the visa applicant a text file, that text file is an electronic visa.

Step  5: The visa applicant prints an electronic visa file sent by the immigration authority and completes the electronic visa application procedure.

Step 6: When foreigners enter Vietnam must show the passport and electronic Visa at the place of entry procedures.

3. Procedures for issuance of certificate of visa exemption:

Step 1: Preparing documents as prescribed by law: 01 set

• 01 Application form for issuance of visa-free entry (according to the Circular No.04/2015/TT-BCA).
• One of the papers proving that the Vietnamese are residing abroad or the papers previously issued helps assume the original nationality or Vietnamese nationality of the applicant.
• Guarantee document of Vietnamese associations in his/her residing country or of other Vietnamese citizens showing that the applicant is a Vietnamese residing oversea (in cases the applicant does not have any documents to prove that he/she is a Vietnamese residing overseas). 
• The documents proving their relationship with Vietnamese residing overseas or Vietnamese citizens (marriage certificate, birth certificate, or documents certifying the parental relationship and other valid documents in accordance with Vietnamese laws).
• Foreign passport or residence permit issued by foreign authorities in cases applicants do not have foreign passports and a copy of this document for the purpose of archiving. In Cases the applicant has no document as prescribed above, he/she may present documents issued by foreign competent authorities, which write that the applicant has the Vietnamese original nationality or of Vietnamese origin. 

Step 2: Vietnamese residing abroad apply for visa exemption documents for themselves and their relatives to submit documents at the Immigration authority - The Ministry of Public Security:

Immigration authority officers receive the file, checking the legality and content of the file:

• In case the application is complete and eligible, then print the receipt to the applicant.
• In case the application is missing, or illegal, the officer in charge of receiving the application instructs the person to file the application to do again in time.
• Time to receive records: from Monday to Saturday weekly (except holidays).
• Time to solve: within 07 working days since receipt of application.

Step 3: Receive a certificate of visa exemption at the unit receiving and informing results of the Administration of Immigration – Ministry of Public Security:

• The recipient gives the receipt and identity card or passport to the officer who returns the results to check. In case of having the result, the officer requests for the fee and signature on the reception.
• Working time for the result: from Monday to Saturday (except holidays).
• Fee: 10 USD/card.

(To be continued)

Legal advisor: Thuy Vy – 0905.045.915

FDVN Law Firm.