Chương II Luật Nhập cảnh, xuất cảnh, quá cảnh, cư trú của người nước ngoài tại Việt Nam 2014: Thị Thực

Chapter II

VISA

Article 7. Uses and formats of visa

1. A visa may be used one or multiple times and its purpose must not be changed.

2. Each person shall be issued with a separate visa, except for children under 14 who will be issued with visas in the same passports of their parents or guardians.

3. Visa shall be issued in the passport or issued separately.

Article 8. Visa symbols

1. NG1 - Issued to members of delegations invited by the Secretary General of Vietnam’s Communist Party of, the President of Vietnam, the President of the National Assembly, the Prime Minister.

2. NG2 - issued to members of delegations invited by standing members of the Secretariat of the Vietnam’s Communist Party, Deputy President of Vietnam, Deputy President of the National Assembly, Deputy Prime Minister, President of Vietnamese Fatherland Front, Executive Judge of The Supreme Court, Chief Procurator of the Supreme Procuracy, State Auditor General; members of delegations at the same levels of Ministers, Secretary Generals of Provincial Communist Authorities, President of the People’s Committees of provinces.

3. NG3 - Issued to members of diplomatic missions, consular offices, representative offices of international organizations affiliated to the UN, representative offices of intergovernmental organizations and their spouses, children under 18 years of age, and housemaids during their term of office.

4. NG4- Issued to people who come to work with diplomatic missions, consular offices, representative offices of international organizations affiliated to the UN, representative offices of intergovernmental organizations, visitors of members of diplomatic missions, consular offices, representative offices of international organizations affiliated to the UN, and representative offices of intergovernmental organizations.

5. LV1 - Issued to people who come to work with units affiliated to Vietnam’s Communist Party; the National Assembly, the government, Central Committee of Vietnamese Fatherland Front, the People’s Supreme Court, the People’s Supreme Procuracy, State Audit Agency, Ministries, ministerial agencies, Governmental agencies, the People’s Councils, the People’s Committees of provinces.

6. LV2 - Issued to people who come to work with socio-political organizations, social organizations, Vietnam Chamber of Commerce and Industry.

7. ĐT - Issued to foreign investors in Vietnam and foreign lawyers practicing in Vietnam.

8. DN - Issued to people who come to work with companies in Vietnam.

9. NN1 - Issued to Managers of representative offices or projects of international organizations and foreign non-governmental organizations in Vietnam.

10. NN2 - Issued to heads of representative offices, branches of foreign traders, representative offices of other foreign economic, cultural, professional organizations in Vietnam.

11. NN3 - Issued to people who come to work with foreign non-governmental organizations, representative offices, branches of foreign traders, representative offices of other foreign economic, cultural, professional organizations in Vietnam.

12. DH - Issued to people who come to study or serve internship.

13. HN - Issued to people who come to attend conventions or conferences.

14. PV1 - Issued to journalists who have permanent residences in Vietnam.

15. PV2 - Issued to journalists who come to work for a short period of time in Vietnam.

16. LĐ - Issued to people who come to work.

17. DL - Issued to tourists.

18. TT - Issued to foreigners that are parents, spouse, children under 18 years of age of the foreigners issued with LV1, LV2, ĐT, NN1, NN2, UNIVERSITY, PV1, LĐ visas, or foreigners that are parents, spouse, children of Vietnamese citizens.

19. VR - Issued to people who come to visit their relatives or for have other purposes.

20. SQ - Issued to people in the cases mentioned in Clause 3 Article 17 of this Law.

Article 9. Visa duration

1. The duration of a SQ visa is not longer than 30 days.

2. The duration of a HN or DL visa is not longer than 03 months.

3. The duration of a VR visa is not longer than 06 months.

4. The duration of a NG1, NG2, NG3, NG4, LV1, LV2, DN, NN1, NN2, NN3, DH, PV1, PV2 or TT visa is not longer than 12 months.

5. The duration of a LĐ visa is not longer than 02 years.

6. The duration of a ĐT visa is not longer than 05 years.

7. When a visa is expired, its reissuance shall be considered.

8. The duration of a visa shall be at least 30 days shorter than that of a passport or international laissez-passer.

Article 10. Conditions for visa issuance

A person shall be issued with a visa when he/she:

1. Has a passport or laissez-passer.

2. Is invited or sponsored by an organization or individual in Vietnam, except for the cases mentioned in Clause 3 Article 17 of this Law.

3. Not suspended from entry in the cases mentioned in Article 21 of this Law.

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

a) Any foreigner who comes to make investment must have papers proving the investment in Vietnam in accordance with the Law on Investment;

b) Any foreigner who works as a lawyer in Vietnam must have a practice license in accordance with the Law of Lawyers;

c) Any foreigner who comes to work in Vietnam must have work permits in accordance with the Labor Code;

d) Any foreigner who comes to study in Vietnam must have written acceptance of a school or an education institution in Vietnam.

Article 11. Cases in which visas are issued separately

1. The passport has no more blank pages to issue visa.

2. The passport is issued by a government that has not had a diplomatic relation with Vietnam.

3. Laissez-passer.

4. For reasons of diplomacy, or national defense and national security.

Article 12. Cases of visa-free entry

1. The cases prescribed in international agreements to which Vietnam is a signatory.

2. Permanent residence cards and temporary residence cards are used in accordance this Law.

3. Entry to checkpoint economic zones, special administrative - economic units.

4. Under regulations in Article 13 of this Law.

5. 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.

Article 13. Unilateral visa-free entry

1. A decision to unilaterally grant visa-free entry to citizens of a country must satisfy the following conditions:

a) The country has a diplomatic relation with Vietnam;

b) The decision is conformable with the policies on socio-economic development and diplomacy of Vietnam in each period;

c) The decision does not threaten national defense, national security, social safety and social order of Vietnam.

2. 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 conditions in Clause 1 of this Article are not satisfied.

3. A decision to unilaterally grant visa-free entry shall be invalidated if any of the conditions in Clause 1 of this Article is not satisfied.

Article 14. Entities that invite or sponsor foreigners

1. Entities that invite or sponsor foreigners to enter Vietnam (hereinafter referred to as inviting entities) according to Clause 2 Article 10 of this Law include:

a) Secretary General of Vietnam’s Communist Party, the President of Vietnam, the President of the National Assembly, the Prime Minister;

b) Standing members of the Secretariat of Vietnam’s Communist Party, Deputy President of Vietnam, Deputy President of the National Assembly, Deputy Prime Minister, President of Central Committee of Vietnamese Fatherland Front, Executive Judge of The People’s Supreme Court, the Chief Procurator of the Supreme People’s Procuracy, State Auditor General; Ministers and the equivalent, Secretary Generals of provincial Communist authorities, Presidents of the People’s Councils, Presidents of the People’s Committees of provinces;

c) The agencies and units affiliated to Central Communist Party Agency of Vietnam, agencies of the National Assembly, agencies affiliated to Standing Committee of the National Assembly, Central Committee of Vietnamese Fatherland Front, The People’s Supreme Court, the People’s Supreme Procuracy, State Audit Agency, ministerial agencies, Governmental agencies;

d) Provincial communist parties, the People’s Councils, the People’s Committees of provinces;

dd) Central agencies of socio-political organizations, social organizations, Vietnam Chamber of Commerce and Industry;

e) Companies established within Vietnam’s Law;

g) Diplomatic missions, consular offices, representative offices of international organizations affiliated to the UN, intergovernmental organizations in Vietnam;

h) Representative offices, branches of foreign traders; representative offices of other foreign economic, cultural, and professional organizations in Vietnam;

i) Other organizations with legal status as prescribed by Vietnam’s law;

k) Vietnamese citizens residing in Vietnam, foreigners having temporary residence cards or permanent residence cards.

2. The aforementioned entities must invite or sponsor foreigners within the functions, tasks, and entitlements prescribed by law or by the operating licenses issued. Vietnamese citizens residing in Vietnam, foreigners having temporary residence cards or permanent residence cards may invite or sponsor foreigners to visit Vietnam, and must present papers proving their relationship with the persons invited or sponsored.

Article 15. Procedures for inviting, sponsoring foreigners to enter Vietnam at competent authorities of the Ministry of Foreign Affairs

1. Each of the foreigners mentioned in Clauses 1, 2, 3, and 4 Article 8 of this Law shall send an application to a competent authority of the Ministry of Foreign Affairs via the inviting entity.

2. Any entity that invites or sponsors a foreigner as prescribed in Clause 1 and Clause 2 Article 8 of this Law 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.

3. The inviting entity mentioned in Clause 3 and Clause 4 Article 8 of this Law 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. Within 02 working days, if the immigration authority does not offer any opinions, the competent authority of the Ministry of Foreign Affairs shall reply the inviting entity and request the overseas visa-issuing authority of Vietnam to issue the visa (if a visa is required).

4. 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.

5. 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 overseas visa-issuing authority of Vietnam.

6. 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.

Article 16. Procedures for inviting, sponsoring foreigners to enter Vietnam at immigration authorities

1. Foreigners other than those mentioned in Clauses 1, 2, 3, and 4 Article 8 of this Law must follow the procedures at the immigration authority via the inviting entities. The inviting entity shall directly submit the application for the visa at the immigration authority.

2. Before following the procedures for inviting or sponsoring a foreigner to enter Vietnam, the social organization, company, or another organization having a 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 must send a written notifications to the immigration authority together with a dossier that consists of:

a) A certified true copy of the license or decision of the competent authority on establishment of the organization.

b) A document introducing the seal and signature of a competent person of the organization.

The notification shall only be sent once. If the contents of the dossier are change, an additional notification shall be sent.

3. 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.

4. 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.

5. In case the visa is applied for at a border checkpoint, the immigration authority shall consider the application within 03 working days from the receipt of sufficient documents in the cases mentioned in Points a, b, c, and d Clause 1 Article 18 of this Law; and within 12 working hours from the receipt of sufficient documents in the cases mentioned in Point dd and Point e Clause 1 Article 18 of this Law.

6. 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.

Article 17. Issuance of visa at an overseas visa-issuing authority of Vietnam

1. Within 01 working days from the receipt of a directive from a competent authority of the Ministry of Foreign Affairs, the passport and the application for visa with pictures in the cases mentioned in Clause 2 Article 15 of this Law, the overseas visa-issuing authority of Vietnam shall issue the visa.

2. In cases other than those mentioned in Clause 1 of this Article, after receiving the notification from the inviting entity, the foreigner shall submit the passport, the application and his/her pictures to the overseas visa-issuing authority of Vietnam. Every child under 14 years of age who is issued with a visa in the same passport of his/her parent or guardian is no required to apply for a visa in case he/she uses the same visa as his/her parent or guardian.

Within 03 working days from the receipt of the notification from the immigration authority or a competent authority of the Ministry of Foreign Affairs, the overseas visa-issuing authority of Vietnam shall issue the visa.

3. The head of the overseas visa-issuing authority of Vietnam shall issue a visa that is valid for not more than 30 days to the following foreigners who comes to Vietnam for the purpose of market survey, tourism, visiting relatives, or medical treatment:

a) Any person who has works to do with an overseas visa-issuing authority of Vietnam, his/her spouse and children; any person that presents a written request by a competent agency of the Ministry of Foreign Affairs of the host country;

b) Any person who presents a diplomatic note of sponsorship by a foreign diplomatic mission or consular office at the host country.

4. After the visa is issued in the cases mentioned in Clause 3 of this Article, the head of the overseas visa-issuing authority of Vietnam must notify the immigration authority and bear responsibility of the visa issuance.

Article 18. Visa issuance at border checkpoints

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

a) The foreigner departs from a country that does not have any visa-issuing authority of Vietnam;

b) The foreigner has to stop by multiple countries before arriving at Vietnam;

c) The foreigner comes to Vietnam to take a tour organized by an international tourism company in Vietnam;

d) Foreign crewmembers of a ship anchoring at a Vietnam’s port and wish to leave Vietnam through another border checkpoint;

dd) The foreigner comes to Vietnam to attend a funeral of his/her relative, or to visit a gravely ill relative;

e) 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.

2. Any foreigner issued with a visa at a border checkpoint shall submit his/her passport or laissez-passer, fill the application for the visa, and append his/her picture at the immigration counter. A child under 14 years of age shall be mentioned in the same application filled by his/her parent or guardian in case the child use the same passport of his/her parent or guardian.

3. The immigration counter shall compare the application with the notification of the immigration authority to issue the visa.

Article 19. Visa issuance at a immigration authority or competent authority of the Ministry of Foreign Affairs

1.  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.

2. The inviting entity mentioned in Clause 1 of this Article shall directly send an application for the visa enclosed with a passport or laissez-passer of the invited foreigners to the immigration authority or a competent authority of the Ministry of Foreign Affairs.

3. Within 05 working days from the receipt of sufficient documents, the immigration authority or competent authority of the Ministry of Foreign Affairs shall consider issuing the visa.