LAW
AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE LAW ON EXIT AND ENTRY OF VIETNAMESE CITIZENS AND THE LAW ON ENTRY, EXIT, TRANSIT AND RESIDENCE OF FOREIGNERS IN VIETNAM
Article 1. Amendment and supplement of a number of articles of the Law on Exit and Entry of Vietnamese Citizens
1. Amend and supplement a number of clauses of Article 6 as follows:
a) Add point d after point d, clause 1 as follows:
“d) Other documents as prescribed in international treaties to which the Socialist Republic of Vietnam is a member.”;
b) Amend and supplement Clause 3 as follows:
“3. Information on immigration documents includes:
a) Portrait;
b) Surname, middle name and given name;
c) Gender;
d) Place of birth; date, month, year of birth;
d) Nationality;
e) Symbol, number of immigration documents; issuing agency; date of issue; expiry date;
g) Personal identification number or identity card number;
h) Position and title for diplomatic passports and official passports in accordance with foreign affairs requirements;
i) Other information as prescribed by the Government .”.
2. Amend and supplement Clause 11, Article 8 as follows:
“11. People serving in the diplomatic service who have been awarded diplomatic ranks or hold positions of Attaché or higher, Defense Attaché and Deputy Defense Attaché at diplomatic missions, permanent delegations to intergovernmental international organizations, and consular representative offices of Vietnam abroad.”.
3. Amend and supplement a number of clauses of Article 15 as follows:
a) Amend and supplement Clause 2 as follows:
“2. Documents related to the issuance of ordinary passports domestically include:
a) The most recently issued ordinary passport that is still valid for those who have been issued a passport; in case a valid passport is lost, it must be accompanied by a report of loss or a notice of receipt of the application by the competent authority specified in Point a, Clause 2, Article 28 of this Law;
b) A copy of the Birth Certificate or birth extract for persons under 14 years of age who have not been issued a personal identification number; in case there is no copy of the Birth Certificate or birth extract, submit a photocopy and present the original for inspection and comparison;
c) A copy of the document issued by a competent authority of Vietnam proving the legal representative of a person lacking civil act capacity, a person with difficulty in cognition or behavior control as prescribed by the Civil Code, or a person under 14 years of age; in case there is no copy, submit a photocopy and present the original for inspection and comparison.”;
b) Add clause 9 after clause 8 as follows:
“9. The application for an ordinary passport is made at the headquarters of the Immigration Department or in the electronic environment at the national public service portal or the public service portal of the Ministry of Public Security .”.
4. Amend and supplement Clause 1 and add Clause 1a after Clause 1, Article 16 as follows:
“1. The person applying for a passport shall submit a fully filled-in application form, 02 portrait photos, relevant documents specified in Clause 1a of this Article and present a Vietnamese passport or identity document issued by a competent authority of Vietnam.
In case of not having a Vietnamese passport or identity papers issued by a competent authority of Vietnam, one must present identity papers issued by a competent authority of a foreign country and papers proving Vietnamese nationality or papers serving as a basis for determining Vietnamese nationality according to the provisions of the law on nationality.
1a. Documents related to the issuance of ordinary passports abroad include:
a) The most recently issued ordinary passport that is still valid for those who have been issued a passport; in case a valid passport is lost, it must be accompanied by a report of loss or a notice of receipt of the application by the competent authority specified in Point a, Clause 2, Article 28 of this Law;
b) A copy of the Identity Card or Citizen Identification Card or other relevant documents issued by a competent authority of Vietnam in case of changes in personal information compared to the information in the most recently issued passport;
c) A copy of the birth certificate or birth extract for persons under 14 years of age; in case there is no copy of the birth certificate or birth extract, submit a photocopy and present the original for inspection and comparison;
d) A copy of the document issued by a competent authority of Vietnam or a foreign country proving the legal representative of a person lacking civil act capacity, a person with difficulty in cognition or behavior control as prescribed by the Civil Code, or a person under 14 years of age; in case there is no copy, submit a photocopy and present the original for inspection and comparison.”.
5. Amend and supplement Clause 2, Article 17 as follows:
“2. People who are not allowed to reside abroad but are not subject to the regulation of international treaties or international agreements on the re-acceptance of citizens.”.
6. Amend and supplement Clause 2, Article 18 as follows:
“2. Issuance of passports to persons who are not permitted to reside abroad but are not subject to the provisions of international treaties or international agreements on the re-admission of citizens is stipulated as follows:
a) Vietnamese representative agencies abroad receive requests from competent authorities of the host country or requests for passport issuance from people not allowed to reside abroad, 02 portrait photos of the person not allowed to reside abroad, a fully filled-in application form and identification documents issued by competent authorities of Vietnam (if any);
b) In case of humanitarian or urgent reasons, if the Vietnamese representative agency abroad has sufficient grounds to determine the identity and nationality of the person requesting a passport, within 02 working days, the Vietnamese representative agency abroad may consider issuing a passport;
c) In cases not covered by Point b, Clause 2 of this Article, within 02 working days from the date of receipt of the request from the competent authority of the host country or from the person not permitted to reside abroad, the Vietnamese representative agency abroad shall send the information of the person requiring a passport according to the form to the Immigration Department of the Ministry of Public Security. Within 30 days from the date of receipt of the request, the Immigration Department of the Ministry of Public Security shall verify and respond in writing to the Vietnamese representative agency abroad. Within 02 working days from the date of receipt of the response from the Immigration Department of the Ministry of Public Security, the Vietnamese representative agency abroad shall issue a passport to the citizen; in case of refusal to issue a passport, a written response shall be sent to the applicant stating the reasons;
d) After issuing a passport, the Vietnamese representative agency abroad must notify the Immigration Department of the Ministry of Public Security to coordinate the reception and management of citizens upon their return to the country.”.
7. Amend and supplement Clause 1, Article 27 as follows:
“1. Cancel the validity of a lost, valid passport or in cases where it has been more than 12 months since the date the competent authority scheduled to return the passport but the citizen has not received the passport and there is no written notice of the reason for not receiving it.”.
8. Amend and supplement Clause 2, Article 28 as follows:
“2. The cancellation of the validity of ordinary passports is regulated as follows:
a) Within 02 working days from the date of discovering the loss of the ordinary passport, the person whose passport is lost shall directly submit or send a report of loss according to the form to the Immigration Department or the district or commune-level police or the Vietnamese representative agency abroad where it is convenient or the immigration control unit at the border gate or on the electronic environment at the national public service portal or the public service portal of the Ministry of Public Security. In case of force majeure, the time limit for submitting or sending a report of loss may be longer but the report must specifically explain the reason for force majeure;
b) Within 01 working day from the date of receipt of the application for loss of ordinary passport, the receiving agency shall be responsible for notifying the Immigration Department of the Ministry of Public Security and the applicant according to the form. Within 01 working day from the date of receipt of the notification, the Immigration Department of the Ministry of Public Security shall cancel the validity of the passport.”.
9. Add Article 28a after Article 28 as follows:
“Article 28a. Cancellation of passport validity in cases where citizens do not receive their passports
After 12 months from the date the competent authority scheduled to return the passport, if the citizen does not receive it and does not notify the competent authority in writing of the reason for not receiving it, the passport-issuing authority shall cancel the validity of the passport.
10. Amend and supplement Clause 2, Article 32 as follows:
“2. The person requesting to restore the validity of the passport shall fill in all information in the application form attached to the passport and submit it directly to the Immigration Department of the Ministry of Public Security or the Immigration Department of the provincial Public Security where it is convenient or in the electronic environment at the national public service portal or the public service portal of the Ministry of Public Security.”.
11. Amend and supplement Point a, Clause 1, Article 33 as follows:
“a) Have intact and valid entry and exit documents;”.
12. Amend and supplement Point b, Clause 1, Article 41 as follows:
“b) Place of birth; date, month, year of birth;”.
13. Amend and supplement a number of clauses of Article 45 as follows:
a) Amend and supplement Clause 10 as follows:
“10. Carry out international cooperation in the field of exit and entry of Vietnamese citizens; preside over and coordinate with the Ministry of Foreign Affairs and the Ministry of National Defense to propose the signing of international treaties and international agreements related to the reception of Vietnamese citizens who are not permitted to reside in foreign countries; coordinate with the Ministry of Foreign Affairs to propose the signing of international treaties related to the exit and entry of Vietnamese citizens.”;
b) Add clause 13 after clause 12 as follows:
“13. Preside over and coordinate with relevant ministries and agencies to guide the implementation of regulations on exit and entry of Vietnamese citizens in the electronic environment according to the provisions of this Law and the law on electronic transactions.”.
14. Amend and supplement Clause 7, Article 46 as follows:
“7. Preside over and coordinate with the Ministry of Public Security and the Ministry of National Defense to propose the signing of international treaties related to the exit and entry of Vietnamese citizens; coordinate with the Ministry of Public Security and the Ministry of National Defense to propose the signing of international treaties and international agreements related to the reception of Vietnamese citizens who are not permitted to reside in foreign countries.”.
15. Amend and supplement Clause 1 and Clause 2, Article 49 as follows:
“1. Providing specialized digital signature certification services for public service to serve the issuance and management of electronic chip passports.
2. Guide relevant ministries and agencies to use specialized digital signature certification services for public service to serve the issuance and management of electronic chip passports.”.
Article 2. Amendments and supplements to a number of articles of the Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam
1. Amend and supplement Clause 3, Article 7 as follows:
“3. Visas are valid for one or more entries; visas issued in the cases specified in Point b, Clause 2 of this Article are valid for one entry.”.
2. Amend and supplement clauses 1, 2, 3 and 4 of Article 9 as follows:
“1. SQ visa is valid for no more than 30 days.
2. Visas with symbols HN, DL, EV are valid for no more than 90 days.
3. VR visa is valid for no more than 180 days.
4. Visas with symbols NG1, NG2, NG3, NG4, LV1, LV2, DT4, DN1, DN2, NN1, NN2, NN3, DH, PV1, PV2, TT are valid for no more than 01 year.”.
3. Amend and supplement Article 19a as follows:
“Article 19a. Countries and territories whose citizens are granted electronic visas and international border gates that allow foreigners to enter and exit with electronic visas
1. The issuance of electronic visas is applied on the basis of ensuring national defense, security, social order and safety, in accordance with Vietnam's foreign policy and socio-economic development.
2. The Government decides on the list of countries and territories whose citizens are granted electronic visas; the list of international border gates that allow foreigners to enter and exit with electronic visas.”.
4. Amend and supplement points c and d, Clause 1, Article 31 as follows:
“c) For citizens of countries that Vietnam unilaterally exempts from visas, temporary residence shall be granted for 45 days and shall be considered for visa issuance and temporary residence extension according to the provisions of this Law;
d) For those who do not fall under the cases specified in Points a, b and c of this Clause, entering a border economic zone shall be granted temporary residence for 15 days; entering a special administrative-economic unit or coastal economic zone specified in Clause 3a, Article 12 of this Law, shall be granted temporary residence for 30 days.”.
5. Amend and supplement Article 33 as follows:
“Article 33. Temporary residence declaration
1. Foreigners temporarily residing in Vietnam must, through the person directly managing and operating the accommodation establishment, declare their temporary residence to the police of the commune, ward, town or police station where the accommodation establishment is located. The accommodation establishment is responsible for requesting foreigners to present their passports or valid international travel documents, documents related to their residence in Vietnam to make temporary residence declarations before agreeing to allow foreigners to temporarily reside. In cases where the Border Guard station or station accepts temporary residence declarations from foreigners in accordance with the provisions of international treaties to which Vietnam is a member, the Border Guard station or station is responsible for immediately notifying the police of the commune, ward, town or police station or police station where the foreigner is temporarily residing.
2. Temporary residence declaration for foreigners is done via electronic environment or temporary residence declaration form.
In case of declaration via temporary residence declaration form, the person directly managing and operating the accommodation establishment's activities is responsible for filling in all information on the temporary residence declaration form and forwarding it to the police station of the commune, ward or town or the police station where the accommodation establishment is located within 12 hours, or within 24 hours in remote areas from the time the foreigner arrives at the accommodation establishment.
3. Foreigners who change their temporary residence or temporarily reside at a place other than the address stated in their permanent residence card or when there is a change in information in their passport must declare their temporary residence according to the provisions of Clause 1 of this Article.”.
6. Amend and supplement Clause 2, Article 34 as follows:
“2. Foreigners are not allowed to temporarily reside in prohibited areas, areas where activities are temporarily suspended in land border areas; prohibited areas, areas where activities are restricted in sea border areas. In case of temporary residence at accommodation establishments in border areas or towns, cities, tourist areas, service areas, special administrative-economic units, or other economic zones related to border areas, temporary residence declaration must be made in accordance with Article 33 of this Law. The agency receiving temporary residence declarations from foreigners is responsible for immediately notifying the Border Guard station or station where the accommodation establishment is located.”.
7. Amend and supplement the name of Chapter VII as follows:
“Chapter VII
RIGHTS AND OBLIGATIONS OF FOREIGNERS;
RIGHTS AND RESPONSIBILITIES OF AGENCIES, ORGANIZATIONS AND INDIVIDUALS”.
8. Add point d after point d, clause 2, Article 44 as follows:
“d) Present passport or valid international travel documents, documents related to residence in Vietnam to the accommodation facility to make temporary residence declaration according to regulations.”.
9. Add Article 45a after Article 45 in Chapter VII as follows:
“Article 45a. Responsibilities of other relevant agencies, organizations and individuals
1. Agencies, organizations and individuals are only allowed to employ foreign workers, organize tourism programs for foreigners or provide temporary residence to foreigners when they are legally residing in Vietnam.
2. Agencies, organizations and individuals that discover signs of violations of the law on entry, exit, transit and residence of foreigners in Vietnam must immediately notify the nearest police agency; in case of discovering signs of violations in border areas, they must immediately notify the nearest police agency or border guard station.
10. Add clause 11 after clause 10, Article 47 as follows:
“11. Guidance on the issuance of documents valid for entry, exit, residence in Vietnam and temporary residence declaration for foreigners in the electronic environment according to the provisions of this Law and the law on electronic transactions.”.
Article 3. Implementation provisions
1. This Law comes into force from August 15, 2023.
2. Immigration documents issued to citizens before the effective date of this Law are valid until the expiration date stated on such documents.
3. In case a citizen requests an exit and entry document but has not been granted one when this Law comes into effect, the provisions of the Law on Exit and Entry of Vietnamese Citizens No. 49/2019/QH14 shall continue to be applied to resolve the matter.
4. In case a foreigner has been granted an electronic visa or entered the country under a unilateral visa exemption or requested an electronic visa but has not been granted one when this Law comes into effect, the provisions of the Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam No. 47/2014/QH13, which has been amended and supplemented by a number of articles under Law No. 51/2019/QH14, shall continue to apply.
Source
Comment (0)