Nghị định 07/2017/NĐ-CP quy định trình tự, thủ tục thực hiện thí điểm cấp thị thực điện tử cho người nước ngoài nhập cảnh Việt Nam

DECREE

PROCESSES AND PROCEDURES FOR PILOT ISSUANCE OF ELECTRONIC VISA TO FOREIGNERS ENTERING VIETNAM

Pursuant to the Law on Government Organization dated June 19, 2015; 

Pursuant to the Law on Immigration, Emigration, Transit and Residence of foreigners in Vietnam dated June 16, 2014;

Pursuant to the Law on Electronic Transactions dated 29 November, 2005; 

Pursuant to the Law on Information Technology dated 29 June, 2006; 

Pursuant to the Resolution No. 30/2016/QH14 on pilot issuance of electronic visa to foreigners entering Vietnam dated November 22, 2016;

Upon the request of the Minister of Public Security;

The Government hereby introduces the Decree prescribing processes and procedures for pilot issuance of electronic visa to foreigners entering Vietnam.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree deals with processes and procedures for pilot issuance of electronic visa to foreigners entering Vietnam. 

Article 2. Subjects of application

1. Foreigners who are citizens of countries included in the list of countries qualifying for electronic visa issuance as prescribed in the Appendix I hereto annexed.

2. Entities, organizations and persons concerned.

Article 3. Definition

1. Electronic immigration web portal refers to the electronic information portal of the Immigration Department – the Ministry of Public Security given the Vietnamese domain name " https://www.xuatnhapcanh.gov.vn” and the English domain name “https://www.immigration.gov.vn”, and performing such functions as publishing information, providing online public services, assisting in searching activities, establishing connections and storing information regarding the immigration sector.

2. Electronic visa application webpage refers to the electronic information page as part of the electronic immigration web portal of the Immigration Department – the Ministry of Public Security which is assigned such functions as receiving, processing online applications for and issuing electronic visas to foreigners.   

3. Electronic account refers to the account issued by the Immigration Department to an inviting, sponsoring entity or organization to access the electronic visa application webpage, lodge documentation as evidence of its invitation and sponsorship, and get a decision.

4. Electronic application code refers to a set of alphanumerical characters created in a uniform manner and issued by the Immigration Department to foreigners, or inviting, sponsoring entities or organizations to check their visa application status and print visas online.   

Chapter II

PROCESSES AND PROCEDURES FOR ISSUANCE OF ELECTRONIC VISAS TO FOREIGNERS ENTERING VIETNAM

Article 4. Processes and procedures for issuance of electronic visas upon the request of foreigners

1. Foreigners applying for electronic visas shall follow the steps below:

a) Access the electronic visa webpage to fill in the electronic visa application form, upload the passport data page image and photo required in the Form No. 01 hereto appended.

b) Receive the confirmation code and pay the visa fee to the account referred to in the electronic visa application webpage.

2. Within a stipulated period of 03 business days from the date on which all requested information and visa fee are received, the Immigration Department shall verify, process and make its decision on such visa application at the electronic visa application webpage.

3. Foreigners who apply for an electronic visa shall use the electronic confirmation code to check their visa status with the Immigration Department at the electronic visa application webpage; In the event of approval of grant of an electronic visa, the electronic confirmation code is used to print out that electronic visa by adopting the Form No.02 hereto appended.

Article 5. Processes and procedures for issuance of electronic visas upon the request of inviting, sponsoring entities or organizations

1. Before filing applications for electronic visas granted to foreigners, entities or organizations operating within Vietnam are required to sign up for an electronic account as prescribed in Clause 2 of this Article and possess a digital signature in accordance with the Law on Electronic Transactions and other relevant directives.

2. Electronic account sign-up and elimination

a) The entity or organization submits a writing request for grant of an electronic account to the Immigration Department according to the Form No. 03 hereto appended. Requesting grant of an electronic account shall be carried out once unless there is any change to account information or elimination of such account as provided in Point c of this Clause.

b) The Immigration Department shall send a written response and grant an electronic account by using the Form No. 04 hereto appended within a stipulated period of 03 business days from the date on which that entity or organization’s written request is received; In the event of refusal to grant an electronic account, the Immigration Department shall send a written response in which reasons for such refusal must be clearly given by using the Form No. 05 hereto appended.

c) An electronic account shall be eliminated in either cases where the entity or organization holding an electronic account sends a written request for account elimination or the entity or organization holding an electronic account violates laws and regulations on electronic transactions and immigration management.  Upon elimination of an electronic account, the Immigration Department shall send a written notification in which a clear explanation for such elimination is given according to the Form No. 06 hereto appended.

3. The entity or organization applying for an electronic visa granted to foreigners shall log in with its electronic account to access the electronic visa application webpage to request grant of an electronic visa to foreigners in accordance with Article 4 hereof.

4. The Immigration Department shall verify, process and make its decision on such request at the electronic visa application webpage within a stipulated period of 03 business days from the date on which all requested information and visa fee are received,

5. The entity or organization requesting grant of an electronic visa to foreigners shall use its code to receive a written response from the Immigration Department at the electronic visa application and inform the decision regarding visa application to foreigners concerned.

6. Foreigners granted an electronic visa shall use the confirmation code received from the entity or organization to print out a hard copy of electronic visa.

Article 6. Entry or exit by using an electronic visa

Foreigners can use an electronic visa to enter or exit across international bordergates referred to in the Appendix II hereto appended.

Chapter III

RESPONSIBILITIES OF THE MINISTRY OF PUBLIC SECURITY AND THE MINISTRY OF NATIONAL DEFENSE

Article 7. Responsibilities of the Ministry of Public Security

1. Take charge of assisting the Government in pilot issuance of electronic visa to foreigners entering Vietnam.

2. Establish, manage and operate the information system to receive, process, approve applications or requests and issue electronic visas with a view to ensuring security, safety, confidentiality and continuity.

3. Take charge of or cooperate with the Ministry of National Defense in performing transmitting and receiving transactions of information in a sufficient and timely manner about foreigners granted an electronic visa with the immigration checkpoints authority affiliated to the Ministry of Public Security and the immigration checkpoints authority affiliated to the Ministry of National Defense.

4. Collaborate with the Ministry of Transport in requesting airlines to connect to the electronic visa application webpage so as to verify particulars of passengers granted electronic visas before transporting them to Vietnam.

Article 8. Responsibilities of the Ministry of National Defense

1. Cooperate with the Ministry of Public Security in implementation of the National Assembly’s Resolution regarding pilot issuance of electronic visa to foreigners entering Vietnam.

2. Direct immigration checkpoints authorities of the Ministry of National Defense to connect with the Immigration Department to receive information necessary for grant of electronic visa to foreigners and take control of entry or exit of foreigners holding electronic visas across bordergates.

Chapter IV

IMPLEMENTING PROVISIONS

Article 9. List of countries of which citizens are eligible for pilot issuance of electronic visa and list of bordergates allowing foreigners to enter or exit by using electronic visas

1. The List of countries of which citizens are eligible for pilot issuance of electronic visa (Appendix I) and the List of bordergates allowing foreigners to enter or exit by using electronic visas (Appendix II) are hereto appended.

2. In the course of pilot issuance of electronic visa to foreigners entering Vietnam, Appendices referred to in Clause 1 of this Article may be revised in accordance with the Government's resolution.

Article 10. Application of electronic transaction procedures for inviting or sponsoring foreigners entering Vietnam

1. The entity or organization inviting or sponsoring foreigners in accordance with Clause 1 Article 16 of the Law on Immigration, Emigration, Transit and Residence of foreigners in Vietnam can opt to lodge electronic visa applications for foreigners by performing electronic transactions through the electronic immigration web portal.

2. Before lodging such applications, the entity or organization inviting or sponsoring foreigners must fulfill requirements set out in Clause 1 and 2 Article 5 hereof.

Article 11. Effect

This Decree shall take effect within 2 years from the 1^st day of February of 2017.

Article 12. Implementing responsibilities

Ministers, Heads of Ministry-level agencies, Heads of Government bodies, and Presidents of the People’s Committees of centrally-affiliated cities or provinces, shall be responsible for enforcing this Decree./.

APPENDIX I

LIST OF COUNTRIES OF WHICH CITIZENS ARE ELIGIBLE FOR PILOT ISSUANCE OF ELECTRONIC VISA

(Annexed to the Government’s Decree No. 07/2017/ND-CP dated January 25, 2017) 

APPENDIX II

LIST OF BORDERGATES ALLOWING FOREIGNERS TO ENTER OR EXIT BY USING ELECTRONIC VISAS

(Annexed to the Government’s Decree No. 07/2017/ND-CP dated January 25, 2017) 

I. LIST OF INTERNATIONAL AIRPORT BORDERGATES

1. Noi Bai international airport;

2. Tan Son Nhat international airport;

3. Cam Ranh international airport;

4. Da Nang international airport;

5. Cat Bi international airport;

6. Can Tho international airport;

7. Phu Quoc international airport;

8. Phu Bai international airport.

II. LIST OF INTERNATIONAL ROAD BORDERGATES

1. Mong Cai (Quang Ninh province) international bordergate;

2. Huu Nghi (Lang Son province) international bordergate;

3. Lao Cai (Lao Cai province) international bordergate;

4. Nam Can (Nghe An province) international bordergate;

5. Cau Treo (Ha Tinh province) international bordergate;

6. Cha Lo (Quang Binh province) international bordergate;

7. Lao Bao (Quang Tri province) international bordergate;

8. Bo Y (Kon Tum province) international bordergate;

9. Moc Bai (Tay Ninh province) international bordergate;

10. Xa Mat (Tay Ninh province) international bordergate;

11. Tinh Bien (An Giang province) international bordergate;

12. Song Tien (An Giang province) international bordergate;

13. Ha Tien (Kien Giang province) international bordergate.

III. LIST OF SEAPORT BORDERGATES

1. Hon Gai (Quang Ninh province) seaport;

2. Hai Phong (Hai Phong city) seaport;

3. Nha Trang (Khanh Hoa province) seaport;

4. Da Nang (Da Nang city) seaport;

5. Quy Nhon (Binh Dinh province) seaport;

6. Vung Tau (Ba Ria – Vung Tau province) seaport;

7. Ho Chi Minh city (Ho Chi Minh city) seaport.

Dear the Immigration Department – the Ministry of Public Security,

Name of the entity or organization…………………………………………………………..(1)

Address: ...........................................................................................................................

Telephone number:……………………Fax number:……………….E-mail address: ..........

Would like to request grant of an account to access the electronic visa application webpage to……..  (2) and undertakes to comply with regulations set forth in the Government’s Decree No. 07/2017/ND-CP dated January 25, 2017 on processes and procedures for pilot issuance of electronic visa to foreigners entering Vietnam./.

Note:

(1) The registered name of the entity or organization;

(2) Clearly define purposes of the requested account.

Dear……………..(1),

After considering the request of (1)……….in the document No…..dated (Day…Month…Year…) for grant of an account to access the electronic visa application webpage to……….(2).

The Immigration Department – the Ministry of Public Security hereby declares that

From date (Day…Month…Year…), (1)………..is granted permission to access the electronic visa application webpage of the Immigration Department – the Ministry of Public Security to……….(2) by logging in the account …………(3).

Note:

- (1) The registered name of the entity or organization;

- (2) Clearly define purposes of the requested account;

- (3) Name of the account.

Dear……………..(1),

Pursuant to Point b Clause 2 Article 5 of the Government’s Decree No. 07/2017/ND-CP dated January 25, 2017 prescribing processes and procedures for pilot issuance of electronic visa to foreigners entering Vietnam.

The Immigration Department – the Ministry of Public Security hereby declares that

The request for grant of an account to access the electronic visa application webpage to …………..(2) made by ………….(1) in the document No……….dated (Day…Month…Year…) is rejected.

Reasons for rejection:.........................................................................................................

………………………………………………………………………………………………………

Note:

- (1) The registered name of the entity or organization.

- (2) Clearly define purposes of the requested account.

Dear……………..(1),

Pursuant to Point c Clause 2 Article 5 of the Government’s Decree No. 07/2017/ND-CP dated January 25, 2017 prescribing processes and procedures for pilot issuance of electronic visa to foreigners entering Vietnam.

The Immigration Department – the Ministry of Public Security hereby declares that

The account used to access the Immigration Department’s electronic visa application webpage issued to ……(1)……

Reasons for account elimination:...........................................................................................

…………………………………………………………………………………………………………

Note:

(1) Name of the entity or organization whose account is eliminated.