NATION ORDINANCE ON ENTRY, EXIT, AND RESIDENCE
OF FOREIGNERS IN VIETNAM.
In order to contribute towards the implementation of State policies on the development of friendly relations and co-operation with foreign countries, and to protect the interests and sovereignty of the nation; Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam; Pursuant to the Resolution of Legislature X of the National Assembly at its 6th Session on the Programme for Drafting Laws and Ordinances in 2000; This Ordinance regulates the entry, exit, and residence of foreigners in Vietnam.
1. The State of the Socialist Republic of Vietnam shall create favourable conditions for the entry, exit, and transit of foreigners; shall protect the lives, possessions and other legitimate interests of foreigners residing in Vietnam on the basis of the laws of Vietnam and international treaties to which the Socialist Republic of Vietnam is a signatory or participant.
2. Foreigners entering, exiting, in transit, or residing in Vietnam must abide by the laws of Vietnam and respect the traditions, customs and habits of the Vietnamese people. It shall be strictly prohibited to take advantage of entry, exit, transit, or residence in Vietnam to breach the law.
3.Where an international treaty to which the Socialist Republic of Vietnam is a signatory or participant contains provisions on the entry, exit, or residence of foreigners in Vietnam which are inconsistent with the provisions of this Ordinance, the provisions of the international treaty shall apply.
1. Vietnamese bodies and organizations, foreign bodies and organizations and international organizations established in Vietnam and Vietnamese citizens and foreigners lawfully residing in Vietnam may invite foreigners to Vietnam
2. Bodies, organizations and individuals inviting foreigners to Vietnam shall be responsible to ensure the purpose of entry of the foreigners; for financial assurance and for co-operation with State bodies in resolving any incidents arising in respect of the foreigners.
Article 3 :In this Ordinance, the following terms shall be construed as follows:
1. Foreigner means a person not having Vietnamese citizenship;
2. Permanent foreign resident means a foreigner residing, working and living for a long period in Vietnam;
3. Temporary foreign resident means a foreigner residing for a limited period in Vietnam;
4. Entry means entry into the territory of Vietnam via the international border gates of Vietnam;
5. Exit means departure from the territory of Vietnam via the international border gates of Vietnam;
6. Transit means going through the transit area at an international border gate of Vietnam.
Entry, Exit, and Transit
1. Foreigners entering or exiting Vietnam must hold a passport or have valid papers in lieu (together hereinafter referred to as passport) and must have a visa issued by an authorized State agency of Vietnam, except in cases of visa exemption.
2. Foreigners shall carry out the procedures for applying for a Vietnamese visa at an office managing entry and exit under the Ministry of Police, at a consulate office under the Ministry of Foreign Affairs, at a foreign representative diplomatic office, or at a Vietnamese consulate overseas. A response to an application for issuance of a visa shall be provided no later than five working days after the date of receipt of a valid application.
3. Foreigners under fourteen (14) years of age who are included in the visa application form of their guardians need not themselves carry out visa application procedures.
1. Bodies, organizations and individuals inviting foreigners to Vietnam shall forward a request letter to an office managing entry and exit under the Ministry of Police or to a consulate office under the Ministry of Foreign Affairs.
2. A response to the request letter shall be provided no later than five working days after the date of receipt of the letter.
1. Foreigners requesting entry shall be provided with a visa at an international bordergate of Vietnam in the following cases:
(a) Entry to attend the funeral of a relative or to visit a seriously ill relative;
(b) Arrival from a country which does not have a Vietnamese representative diplomatic office or a Vietnamese consulate
(c) Entry on a tourist program organized by a Vietnamese enterprise conducting international tours;
(d) Entry for emergency technical assistance for construction works or projects; entry to provide emergency aid for seriously ill people or for accident victims or to assist in cases of disaster or epidemic in Vietnam;
(dd) Entry for any other emergency reason.
2. An office managing entry and exit under the Ministry of Police shall issue a visa in the cases stipulated in clause 1 of this article.
1. A Vietnamese visa (hereinafter referred to as visa) shall be valid for entry and exit via the international bordergates of Vietnam.
2. Visas shall include the following types:
(a) Single-entry visa, which shall be valid for use once within a period not exceeding twelve (12) months;
(b) Multiple-entry visa, which shall be valid for use on multiple occasions within a period not exceeding twelve (12) months.
3. Unextended visa: Visas which have already been issued to foreigners may be cancelled if they fall within one of the categories stipulated in articles 8 and 9 of this Ordinance.
1. An authorized State agency of Vietnam shall not allow a foreigner to enter if he or she falls within one of the following categories:
(a) Does not satisfy the conditions stipulated in article 4.1 of this Ordinance;
(b) Falsifies papers or intentionally makes a false declaration when carrying out procedures for an entry visa
(c) Considerations of prevention or fighting against an epidemic;
(d) Has committed a serious breach of the law of Vietnam on a previous entry;
(dd) Considerations of national security, or for special reasons as decided by the Minister of Police.
2. The Minister of Police shall consider and decide on foreigners falling within the categories stipulated in clause 1 of this article upon entry.
1. A foreigner may be delayed from exit if he or she falls within one of the following categories:
(a) Is currently the subject of investigation for criminal responsibility or is the defendant in a civil, economic or labour dispute;
(b) Is currently obliged to serve a criminal sentence
(c) Is currently obliged to carry out a civil, economic or labour judgment;
(d) Is currently obliged to carry out a decision or pay a fine for an administrative breach, a tax payment obligation or other financial obligations.
2. If, in the categories stipulated in sub-clauses (c) and (d) of clause 1 of this article, there is a guarantee of money or property or there is some other measure to ensure fulfilment of the obligation pursuant to the law of Vietnam, then exit shall be permitted.
3. An investigating office, a controlling institute, a court, an office enforcing sentences of provinces and cities under central authority or higher shall have authority to delay exit in the categories stipulated in sub-clauses (a), (b) and (c) of clause 1 of this article. An office authorized to delay exit must issue a decision releasing the delay of exit when there is no longer any requirement for delay of exit. A decision on delay of exit and a decision releasing the delay of exit must be notified in writing to the office managing entry and exit under the Ministry of Police for its implementation.
4. The Minister of Police shall decide to delay the exit of a foreigner falling within the category stipulated in sub-clause (d) of clause 1 of this article on the proposal of a minister, head of a ministerial equivalent body, head of a Government office, or chairman of a people’s committee of a province or city under central authority.
5. In addition to issuing a decision on delay, any person who makes a proposal to delay exit which is inconsistent with the provisions of this Ordinance must, if he or she causes material loss to the person whose exit is delayed, pay compensation in accordance with law.
A person in transit shall be exempt from visa requirements; if he or she needs to combine a visit or travel in Vietnam, then the office managing entry and exit under the Ministry of Police shall resolve the matter pursuant to regulations promulgated by the Ministry of Police.
For the full version of the Ordinance, please download here: National Ordinance No. 24/2000/PL-UBTVQH10.
NATION ORDINANCE ON ENTRY, EXIT, AND RESIDENCE OF FOREIGNERS IN VIETNAM