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Sep
19
Custom Luggage Policy for People Entry Vietnam.
Posted by Ngoc Tho Huynh on 19 September 2012 11:48 AM

1. Declaration Procedures

The people who entry Vietnam should check their luggage with the free luggage-duty quotas is specified by Vietnamese Custom Post before their custom declarations. If they do not have any luggage which exceeds the free duty quotas, or luggage delivered before or after their trips, they do not have to make any custom declaration procedures on exit or entry declaration forms.

When luggage exceeds free duty quotas luggage, the passengers will have to make custom procedures on Vietnamese entry (or exit) declaration forms. The excess luggage will be considered as import goods. It's complied with the import goods and tax provisions in Vietnamese law.

If totals payable tax of the excess luggage are under 50,000 VND, it will be exempt passenger's from taxes.

People who entry Vietnam many times due to their business, such as a pilots or a crew of sea-going ships or trains or Vietnamese labor is working out of country, will not be entitled to enjoy the free-tax for excess luggage every entry time. It was prescribed at items 1, 2, 3 and 5 in the appendix of this Decree. However, they can enjoy the free tax quotas every 90 days.

2. Provisions of Luggage

The luggage of people who enter a country means all essential things for their daily need or all needs of their trip. It's include accompanied luggage and unaccompanied luggage which is sent before or after their entry.

The limit time to receive unaccompanied luggage for people enter Vietnam is not exceed 30 days from the date when their luggage arrives the border gates.

- When the passengers entry or exit Vietnam, they can deposit their luggage at the border gate and custom the warehouse after that they can reclaim to receive them. The time limit for depositing luggage should not exceed 180 days from the date when luggage is deposited.

 

In the deposited luggage duration, if the passengers who entry or exit Vietnam make written documents to abandon their deposited luggage or their luggage reclaims is failed, the chief of the custom sub-department will organize the liquidation or destruction to obey the provisions in law. The process of goods liquidation will be remitted to the budget of State if the expenses of preservation or liquidation goods arises.

3. The luggage free tax quotas

The luggage free tax quotas for each of passenger enter Vietnam are stipulated every entry time not to aggregate free-tax quotas for several people, except for accompanied luggage of members in family who are on the same trip.

The quotas of stipulated item of goods

 

For liquor: the passengers enter Vietnam can carry the complete bottle, pot, jar or can with the volume of liquor is exempted from tax is not more than 01 liter. If it over this limit, they must pay tax for the excess volume.

For cigarettes and cigars: ? 

For clothes or other articles of the passenger daily life needs: each passengers can carry clothes and other daily articles with reasonable quantity and suitable their purposes for trip.

Below are the free-tax quotas of luggage for people enter Vietnam

 

 

Ordinal

 

Number

Belongings and Items

Quotas

Notes

1

Liquor and alcoholic drinks:- Liquor of 22% proof or higher- Liquor of under 22% proof

- Alcoholic drinks, beer

 

1.5 liters 

2.0 liters

 

3.0 liters

 

Under-18 people shall not be entitled to enjoy these quotas.

2

Cigarettes:- Rolled cigarettes- Cigars

- Shredded tobacco

 

400 cigarettes100 cigars

50 grams

 

Under-18 people shall not be entitled to enjoy these quotas.

3

Tea, coffee:- Tea- Coffee

5 kg3 kg

Under-18 people shall not be entitled to enjoy these quotas.

4

Clothes, personal belongings

With reasonable quantity in service of the trip’s purpose

 

5

Articles other than those mentioned at Items 1, 2, 3 and 4 in this Appendix (not included in the list of goods banned from import or subject to conditional import).

Total value not exceeding VND 5,000,000 (five million)

 

4. Luggage of people leave Vietnam

According to provisions in Vietnamese law, the luggage of people exit Vietnam is not be restricted, except for the articles on the list of goods is banned from exporting or subject to conditional export.

5. Reference Documents

Circular No. 113/2005/TT-BTC of the Ministry of Finance of December 15, 2005 guiding the implementation of the Law on Import Tax and Export Tax.

 

                                                                    


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Sep
19

Pursuant to the Law on Organization of the Government of September 30,1992
Pursuant to the April 28, 2000 Ordinance on Entry, Exit and Residence of Foreigners in Vietnam.
At the proposal of the Minister of Public Security.

Chapter I: General Provisions
Chapter II: Entry, Exit and Transit
Chapter III: Residence
Chapter IV: Expulsion
Chapter V: Responsibilities of and the working ordination among the state's functional bodies and responsibilities of Agencies. Organizations and Individuals inviting foreigners into Vietnam
Chapter VI: Implementation Provisions

CHAPTER I: GENERAL PROVISIONS

Article 1
1. This Decree prescribes the procedure applicable to foreigners who enter, exit, transit and/or reside in Vietnam, the invitation of foreigners into Vietnam by agencies, organizations and individuals, the responsibilities of and working coordination among the State functional bodies.

2. This decree shall also apply to Vietnamese bearing foreign passports who enter, exit, transit and/ or reside in Vietnam. The application by Vietnamese bearing foreign passports for repatriation to Vietnam shall comply with the provisions of other legal documents.

Article 2
Foreigners may travel freely on Vietnamese territory in accordance with the already registered entry purposes, except for areas banned from travel by foreigners as prescribed in article 12 of this Decree.

CHAPTER II: ENTRY, EXIT AND TRANSIT

Article 3
1. Visas shall be granted as part of passports of foreigners. In the following cases, loose visas shall be granted in attachment to passport :
a. No more page for visas left in the passport which has not yet been renewed;
b. Passports issued by countries which have not yet established diplomatic or consular relations with Vietnam;
c. For security or diplomatic reasons.

2. Validity and duration of visas:
a. Single or multiple visas, which are valid for no more than 12 months, shall be granted to persons entering Vietnam to execute projects under investment licenses or cooperation contracts with Vietnam agencies and/or organizations, or persons entering Vietnam to work at Vietnam based foreign agencies and their accompanying next of kin and dependents.
b. Single or multiple visas, which are valid for no more than 6 months, shall be granted to persons who have been invited by agencies, organizations and individuals into Vietnam and do not fall into the cases specified at Point a of this Clause;
c. Single visa, which are valid for 15 days, shall be granted to persons applying for entry without any invitation by agencies, organizations and individuals in Vietnam.

3. Upon the expiry of their visas, the visa bearers who wish to make other entries into and exit from Vietnam shall have to complete the procedure for applying for new visas.

Aticle 4
1. Agencies, organizations and individuals that may invite foreigners into Vietnam according to the provisions of Article 2 of the Ordinance on entry, exit and residence of foreigners in Vietnam (hereinafter referred to as the Ordinance) include:

a. The Party Central Committee, the National Assembly, the State President, the Government and their attached bodies;

b. The Supreme People's Court and the Supreme People's Procuracy;

c. The ministries, the ministerial level agencies, the agencies attached to the Government, the People's Committees of the provinces and centrally run cities and their attached bodies;

d. The central agencies of the mass organizations;

e. Enterprises established under the Vietnamese law;

f. Foreign diplomatic missions and consular offices of the UN s' international organizations and intergovernmental organizations based in VN;

g. Branches of foreign companies; representative offices of foreign economic, cultural and other professional organizations based in Vietnam;

h. Other agencies and organizations lawfully established and operating in Vietnam;

i. Vietnamese citizens residing in the country, oversea Vietnamese citizens currently on temporary residence in Vietnam.

j. Foreigners permanently residing in VN and those temporarily residing in VN for 6 months or more.

2. The invitation of foreigners by agencies and organizations must conform with their functions or operation licenses granted by the competent Vietnamese agencies. Vietnamese citizens residing in the country, Vietnamese citizens currently on temporary residence in Vietnam, foreigners permanently residing in Vietnam and those temporarily residing in Vietnam for 6 months or more shall be entitled to invite foreigners into Vietnam for visits.

Article 5
1. Agencies assigned to assume the prime responsibility for receiving foreign guests into Vietnam at the invitation of the Party Central Committee, the National Assembly, the State President or the Government and guests of the equivalent level of ministers, vice ministers, presidents or vice presidents of the People's Committee of the provinces and centrally run cities shall send written notice on the invitations and reception of foreign guests to the Consular Department of the Ministry of Foreign Affairs shall notify the Vietnamese diplomatic missions or the consular offices in foreign countries thereof, so that the latter grant visas to the above said invited guests , and at the same time notify such to the Immigration Department of the Ministry of Public Security.

For foreigners entering to work at the foreign diplomatic missions or consular offices, representative offices of the UN's international organizations, the intergovernmental organizations, the intergovernmental organizations based in Vietnam and their accompanying next of kin and servants, the above said agencies shall have to send written notices on the invitation and reception of foreign guests to the Consular Department of the Ministry of Foreign Affairs. The Consular Department of the Ministry of Foreign Affairs shall notify such in writing to the Immigration Department of the Ministry of Public Security before notifying and requesting the Vietnamese diplomatic missions or consular offices in foreign countries to grant visas.

Within 2 working days after receiving the written notices, if it detects that the invited foreigners fall into cases not yet permitted for entry, the Immigration Department of the Ministry of Public Security shall inform the Consular Department of the Ministry of Foreign Affairs.

2. Agencies, organizations and individuals that invite foreigners into Vietnam who are not specified in Clause 1 of this Article shall send written notices or request to the Immigration Department of the Ministry of Public Security.

The Immigration Department of the Ministry of Public Security shall notify its approval to the Vietnamese diplomatic missions or consular offices in foreign countries so that the latter grant visas to invite foreigners within 5 working days after the written notices or requests are received. If it detects that the invited foreigners fall into cases not yet permitted for entry, the Immigration Department of the Ministry of Public Security shall inform the inviting agencies, organizations and/or individuals thereof.

3. Agencies, organizations and/or individuals that wish to have visas granted at VN's international border gates to foreigners falling into cases specified in Article 6 of the Ordinance shall send written requests to the Immigration Department of the Ministry of Public Security. In cases of application for visas granting at border gates for urgent reasons, the written requests there for must be filed at least 12 hours before the invited foreigners arrive at the border gates.

Article 6
1. In the following cases, the invitation of foreigners into Vietnam by agencies and organizations not specified in Clause 1, Article 5 of this Decree must be agreed upon by the Government's functional bodies.

a. Those entering Vietnam for religious activities must be agreed upon by the Government's Religion Commission and entering for activities related to ethnic issues must be consented by the Commission for Ethnic Minorities and Mountainous Areas.

b. Those entering Vietnam for information and press activities must be agreed upon by the Ministries of Foreign Affairs and the Ministry of Culture and Information.

2. When sending their written requests to the Immigration Department of the Ministry of Public Security, agencies and organizations must enclose the consents of the functional bodies defined at points a and b, Clause 1 of this Article.

Article 7
1. After receiving written replies from the Immigration Department of the Ministry of Public Security or the Consular Department of the Ministry of Foreign Affairs, the agencies, organizations and individuals that have in vited foreigners into Vietnam shall notify such foreigners to file their applications and photos and receive visas at the Vietnamese diplomatic missions and consular offices in foreign countries. For foreigners to be granted visas at Vietnam's international border gates, the inviting agencies, organizations and individuals shall notify such foreigners to file their applications and photos and receive visas at the Immigration bodies at such border gates.

The Vietnamese diplomatic missions or consular offices in foreign countries shall base themselves on notices of the Immigration Department of the Ministry of Public Security or the Consular Department of the Ministry of Foreign Affairs to grant visas to foreigners upon receiving the latter visa applications and photos.

2. Foreigners applying for visas for entry into Vietnam without invitation and reception by any Vietnamese agency, organization or individual shall file their visa applications and photos to the Vietnamese diplomatic missions or consular offices in foreign countries for consideration and granting of visas which shall be valid for 15 days.

The consideration and granting of visas shall be carried out within no more than 3 working days after the applications and photos are received.

Article 8
1. The Vietnamese diplomatic missions and consular offices in foreign countries shall refuse to grant visas to persons falling into cases prescribed at points a, b and d Clause 1, Article 8 of the Ordinance.

For cases prescribed at point c, Clause 1, Article 8 of the Ordinance, the Vietnamese diplomatic missions or consular offices in foreign countries shall refuse to grant visas according to notices of the Immigration Department of the Ministry of Public Security.

2. The Immigration Department of the Ministry of Public Security shall not permit the entries for cases prescribed at points a, b, d and c, Clause 1, Article 8 of the Ordinance.

3. In cases where the entries are not permitted for reasons of epidemics and disease prevention and combat as prescribed at point c, Clause 1, Article 8 of the Ordinance, the Vietnamese diplomatic missions or consular offices in foreign countries and the Immigration Department of the Ministry of Public Security shall abide by the Ministry of Health's notices.

Article 9
1. Courts and judgments executing bodies of the provincial/ municipal or higher level shall decide to permit the exit for cases prescribed at Point c, Clause 1, Article 9 of the Ordinance, provided that there are monetary or property bails or other measures to secure the performance of the obligation to execute civil, economic or labor judgments.

2. The Minister of Public Security shall decide to permit the exit for cases specified at point d, Clause 1, Article 9 of the Ordinance with monetary, or property bails or other measures to secure the performance of the obligation to abide by decisions on sanctions against administrative violations, tax obligations and other financial obligations.

Article 10
Foreigners on transit who wish to enter Vietnam for sightseeing or tourist purposes shall be permitted by the Immigration Department according to the Regulation of the Ministry of Public Security. The Ministry of Public Security shall prescribe the scope of transit area and forms of papers to be granted to transiting foreigners for entering Vietnam for sightseeing or tourist purposes.

CHAPTER III: RESIDENCE

Article 11
1. Foreigners entering Vietnam at the invitation of agencies, organizations or individuals at home shall, through the inviters, register their residence purposes, duration and addresses in Vietnam with the Immigration Department of the Ministry of Public Security or the Consular Department of the Ministry of Foreign Affairs in the written requests upon carrying out the procedure prescribed in Article 5 of this Decree.

2. Foreigners not invited by any Vietnamese agency, organization or individual shall state for registration their residence purposes, duration and addresses in Vietnam in their visa applications.

3. For foreigners who are exempt from visas under international treaties which Vietnam has signed or acceded to, the purposes and duration of their residence in Vietnam must be compliant with such international treaties. Such persons shall have to register their residence addresses upon carrying out the procedure for temporary residence declaration according to the provisions of Article 15 of this Decree.

Article 12
1. Foreigners are not allowed to reside in the border areas under the provisions of Vietnamese law (except otherwise provided for by international treaties signed by the Socialist Republic of Vietnam).

Foreigners who wish to enter the border areas shall have to apply for permission there for at the immigration bodies under the police offices of the provinces and centrally-run cities that have such border areas.

2. Foreigners are not allowed to enter areas where no-pass signboards are put up according to the regulations of Vietnamese competent agencies.

Foreigners who wish to enter areas where no-pass signboards are put up shall have to apply for permission there for at the bodies directly managing such areas.

Aticle 13
1. Foreigners applying for permanent residence permission under cases specified at Points a and b, Clause 1, Article 13 of the ordinance shall file their dossiers to the Immigration Department of the Ministry of Public Security.

Such dossiers comprise:

a. The applicant's photo and application for permanent residence permission made according to the form set by the Ministry of Public Security;
b. His/her curriculum vitae made by the applicant himself/ herself;
c. Copy of his/her passport (if any);

The Ministry of Public Security shall report to the Prime Minister for decision the foreigners' application for permanent residence mentioned in this Clause.

2. Foreigners applying for permanent residence under the cases specified at Point c, Clause 1, Article 3 of the Ordinance shall submit their dossiers to the Immigration Department of the Ministry of Public Security or the exit and entry management bodies under the public security offices of the provinces and centrally run cities. Such a dossier comprises:

a. The applicant's photo and application for permanent residence made in accordance with the forms set by the Ministry of Public Security;

b. His/her judicial records certified by the competent agency of the country, of which he/ she is a citizen;

c. Official note of the competent agency of the country, of which he/she is a citizen, requesting the Vietnamese authorities to permit him/her to permanently reside in Vietnam;

d. Papers evidencing that the permanent residence applicant falls under the cases specified at Point c, Clause 1, Article 13 of the ordinance;

e. Copy of the applicant's passport.

The Minister of Public Security shall decide the permanent residence application by foreigners mentioned in this Clause.

3. Foreigners who are permitted for permanent residence shall be granted permanent residence cards by the exit and entry management body(ies). In cases where the permanent residence is not permitted, the immigration body(ies) shall notify in writing to the permanent residence applicants.

4. Once every three years, foreigners on permanent residence shall have to present themselves at the exit and entry management bodies under the public security offices of the provinces or centrally run cities. Upon presenting themselves, they shall have to produce their permanent residence cards and submit their photos for renewal of such cards. The immigration body(ies) shall immediately carry out the granting of new cards free of charge.

Article 14
1. The Immigration body of the Ministry of Public Security shall grant temporary residence certificates at the international border gates to foreigners on entry as follow:

a. For persons who carry visas, the temporary residence certificates shall be granted in conformity with the valid duration of their visas;

b. For persons who are exempt from visas under international treaties which Vietnam has signed or acceded to, the temporary residence certificates shall be granted according to the duration prescribed in such international treaties;

c. For officials and employees of the ASEAN Secretariat, the 30day temporary residence certificates shall be granted.

2. Persons who carry permanent residence cards or temporary residence cards, which remain valid, shall not be granted temporary residence certificates.

Article 15
1. Foreigners who stay overnight at hotels or residential quarters reserved for foreigners (including residential quarters of the diplomatic corps) shall have to make temporary residence declaration through the hotel owners or residential quarters' managers. The hotel owners or residential house quarter managers shall have to transfer contents of temporary residence declaration by foreigners to the immigration bodies under the public security offices of the provinces and centrally run cities.

2. Foreigners who stay overnight at private houses of citizens shall have to personally or through house owners make temporary residence declaration with the police offices of wards or communes where they temporarily reside. The ward or commune police offices shall have to transfer contents of temporary residence declaration by foreigners to the immigration bodies under the public security offices of the provinces or centrally run cities.

Article 16
1. Regarding the granting of temporary residence cards, extension of temporary residence duration; granting, supplement and amendment of visas for foreigners;

a. For foreigners entering Vietnam at the invitation of the Party Central Committee, the National Assembly, the State President or the Government or as guests of the equivalent level of ministers, vice ministers, presidents or vice presidents of the People's Committee of the provinces and centrally run cities, person enjoying the diplomatic missions or consular offices, representative offices of the UN's international organizations or intergovernmental organizations and their accompanying next of kin and servants, the agencies where such foreigners work shall send written requests there for to the Ministry for Foreign Affairs. In case of application for temporary residence cards, the applicants' photos must be enclosed therewith.

b. For persons not falling under the cases specified at Points a of this Clause, the agencies, organizations and individuals that invite foreigners into Vietnam shall send written requests to the Immigration Department of the Ministry of Public Security or the immigration bodies under the police offices of the provinces and centrally run cities. In case of application for temporary residence cards, the applicants photos must be enclosed therewith.

2. Foreigners who wish to change their temporary residence purposes shall, through agencies, organizations and individuals in Vietnam, have to carry out the procedure for requesting the permission of the Immigration Department of the Ministry of Public Security. The agencies, organizations and individuals that request permission for the foreigners to change their temporary residence purposes shall have to comply with the provisions of Article 27 of this Decree. For those permitted to change their temporary residence purposes, the Immigration Department of the Ministry of Public Security shall grant new visas in conformity with the changed purposes.

Foreigners who apply for the change of their temporary residence purposes in order to officially work at Vietnam based foreign diplomatic missions or consular offices, representative offices of the UN's International organizations or intergovernmental organizations shall carry out the procedures there for at the Ministry of Foreign Affairs.

3. Foreigners entering Vietnam, under the cases of visa exemption according to international treaties which Vietnam has signed or acceded to and wishing to stay beyond the time limits prescribed in such international treaties shall have to carry out the procedure to apply for visas according to the provisions of Clause 1 of this Article. In cases where there temporary residence duration must be prolonged due to force majeure circumstances, they shall be given temporary residence extension with appropriate duration by the competent body and exempt from the visa application procedure.

CHAPTER IV : EXPULSION

Article 17
The Minister of Public Security is competent to issue decisions to expel foreigners in the following cases :

1. They seriously violate the Vietnamese law and are administratively sanctioned;
2. They commit offenses but are exempt from penal liability examination;
3. For reasons of safeguarding the national security and the social order and safety.

Article 18
Basing itself on the specific conditions and circumstances for the enforcement of expulsion decisions of the Minister of Public Security shall decide on:

1. The application of measures of management superintendence and administrative custody against expelled persons pending the enforcement of expulsion decisions according to the provisions of law;

2. Methods and places to effect the expulsion;

3. Other matters related to the enforcement of expulsion decisions according to the provisions of law.

Article 19
The head of the Immigration Department of the Ministry of Public Security may temporarily postpone the expulsion of foreigners within 24 hours according to the time limit prescribed in expulsion decisions of the Minister of Public Security in the following cases where:

1. There are decisions of the investigation body, procuracy or court of the provincial or higher level not to permit the expelled persons to exit yet,

2. The expelled persons are under critical health conditions, being unable to exit,

3. The expulsion cannot be effected due to bad weather, natural calamities or other force majeure circumstances.

If the expulsion postponement lasts for more than 24 hours, the exit and entry management body shall have to report thereon to the Minister of Public Security for decision.

Article 20
Expelled persons have the following responsibilities:

1. To strictly abide the expulsion decisions, to be subject to the manager and superintendence by the Immigration Department of the Ministry of Public Security pending the enforcement of the expulsion decisions;

2. To quickly complete the necessary procedure for their exit from Vietnam within the prescribed time limit;

3. To bear all expenses for their exit.

Article 21
The expulsion of foreigners under the court's judgements shall be effected according to other provisions of the legislation on execution of the expulsion penalty.

CHAPTER V: RESPONSIBILITIES OF AND THE WORKING ORDINATION AMONG THE STATE'S FUNCTIONAL BODIES AND RESPONSIBILITIES OF AGENCIES, ORGANIZATIONS AND INDIVIDUALS INVITING FOREIGNERS INTO VIETNAM

Article 22
The Ministry of Public Security has the responsibilities:

1. Assume the prime responsibility and coordinate with the concerned ministries and branches in drafting for submission to the Government laws, ordinances and the Government 's documents on entry, exit and residence of foreigners in Vietnam;

2. To guide agencies, organizations and individuals in implementing the law provisions on entry, exit and residence of foreigners in Vietnam;

3. To assume the prime responsibility and coordinate with the ministries, branches and the People's Committees of the provinces and centrally run cities in conducting the supervision, inspection, examination and handling of law violations in the field of entry, exit and residence of foreigners in Vietnam;

4. To undertake international cooperation in the management of entry, exit and residence of foreigners in Vietnam;

5. To make the State statistics on entry, exit and residence of foreigners in Vietnam;

6. To grant, amend, supplement and/or revoke visas, to extend, amend and/or revoke the temporary residence certificates, temporary residence cards and permanent residence cards for foreigner in Vietnam (except for cases where the Ministry of Foreign Affairs conduct such activities according to the provisions in Clause 6, Article 23 of this Decree).

7. To assume the prime responsibility and coordinate with the Ministry of Foreign Affairs in promulgating the forms of applications and papers to be issued to foreigners on entry, exit or residence in Vietnam to uniformly manage such application and paper forms.

Article 23
The Ministry for Foreign Affairs has the responsibilities:

1. To guide foreign diplomatic missions and consular offices, representative

2. offices, of the UN's international organizations and intergovernmental organizations based in Vietnam in matters related to the procedure for entry, exit and residence of foreigners in Vietnam;

3. To direct and guide the Vietnamese diplomatic missions and consular offices abroad in observing the regulations on entry, exit and residence of foreigners in Vietnam;

4. To assume the prime responsibility and coordinate with the Ministry of Public Security in handling law violations committed by foreigners who enjoy the diplomatic or consular privileges and immunities;

5. To assume the prime responsibility and coordinate with the Ministry of Public Security in negotiating and signing international treaties on visa exemption with foreign countries or acceding to other international treaties concerning foreigners' entry, exit and residence;

6. To coordinate with the Ministry of Public Security in undertaking international cooperation in the management of entry, exit and residence of foreigners in Vietnam;

7. To grant, amend, supplement and/ or revoke visas, to grant, extend, amend and/or revoke the temporary residence certificates, temporary residence cards to foreigners entering Vietnam at the invitation of the Party Central Committee, the National Assembly, the State President, the Government and guests of the equivalent level of minister, vice minister, presidents or vice presidents of People's Committee of the provinces and centrally run cities ; persons enjoying the diplomatic or consular privileges and immunities who enter Vietnam to work at the foreign diplomatic missions and consular offices, representative offices of the UN's international organizations based in Vietnam and their accompanying next of kin and servants.

Article 24
The Ministry of Defense (the Border Guards ) has the responsibilities
1. To control and check the entries and exits of foreigners at the international border-gates managed by the Ministry of Defense (the Border Guards).
2. To grant visas or temporary residence certificates at the international border gates managed by the Ministry of Defense (the Border Guards) under the authorization and guidance of the exit and entry management body of the Ministry of Public Security.

Article 25
The Vietnamese diplomatic missions and consular offices abroad have the responsibilities:

1. To provide guidance on the regulations on entry, exit and residence of foreigners in Vietnam to foreigners who apply for entry into Vietnam;

2. To coordinate with the Ministry of Public Security and the Ministry of Foreign Affairs in handling law violations committed by foreigners;

3. To undertake international cooperation in the management of entry, exit and residence of foreigners in Vietnam according to the provisions of law;

4. To grant, amend, supplement and/or revoke visas of various kinds in foreign countries according to the provisions of law.

Article 26
1. The People's Committees of the provinces and centrally run cities shall have to promulgate regulations on the working coordination between the police offices and other State bodies in their respective localities in the management of entry, exit and residence of foreigners in their respective localities.

2. The public security offices of the provinces and centrally run cities shall assume the prime responsibilities and assist the provincial / municipal People's Committees in performing the State management function in the field of entry, exit and residence and residence of foreigners in their respective localities.

Article 27
Agencies, organizations and individuals that invite foreigners into Vietnam have the responsibilities:

1. To ensure the entry purposes unchanged by:
a. Registering with the functional body(ies) the contents and programs of planned activities of the invitees before their entry;
b. Managing activities of the invitees, ensuring that the registered contents and programs are strictly adhered to;
c. Carrying out the procedure related to the invitees activities in Vietnam according to the provisions of law.

2. To collaborate with the competent State body(ies) in settling unexpected incidents occurred to invited foreigners by:

a. Taking part in handling law breaking acts, accidents or other troubles committed by or related to the invitees and overcoming their consequences at the request of functional body(ies);

b. Promptly reporting to the police offices on the invitees' activities related to the political security as well as social order and safety,

3. To ensure financial matters by :

a. Paying expenses or providing financial guarantees in cases where the invitees have no financial source available on the spot to settle expenses prescribed by the Vietnamese law;

b. Paying to the Exit and entry Management Department of the Ministry of Public Security and/ or the Consular Department of the Ministry of Foreign Affairs facsimile or telegraph changes for communicating with the Vietnamese diplomatic missions and consular offices abroad for the granting of visas to foreigners.


CHAPTER VI: IMPLEMENTATION PROVISIONS

Article 28
1. This Decree takes effect 30 days after its signing and replaces the following regulations:

- The Government's Decree No 04/CP of January 18, 1993 detailing the implementation of the Ordinance on Entry, Exit, Residence and Travel of Foreigners in Vietnam;

- The provisions on entry, exit, residence and travel of foreigners in Vietnam in Regulation on management of Vietnam delegations entering Vietnam promulgated together with the Government's Decree No 12/CP of March 24, 1995 on the exit and entry procedure and Decree No 24/CP of March 24, 1995 on the exit and entry procedure.

2. The previous stipulations which are contrary to this Decree are now all annulled.

Article 29
The Ministry of Public Security shall assume the prime responsibility and coordinate with the Ministry of Foreign Affairs in issuing a circular guiding the implementation of this decree.

Article 30
The Finance Ministry shall assume the prime responsibility and coordinate with the Ministry of Public Security and the Ministry of Foreign Affairs in promulgating a circular guiding the fees for granting, extension, supplement and amendment of papers and certificates to foreigners prescribed in this Decree and guiding the deduction of a proportion of fines for administrative violations in the field of exit and entry to cover expenses for the handling of foreigners who commit violations of the legislation on entry, exit and residence in case of necessity.

Article 31
The ministers, the heads of the ministerial level agencies, the heads of the agencies attached to the Government and the presidents of the People's Committees of the provinces and centrally run cities shall have to implement this Decree.

On behalf of the Government

Prime Minister
(signed)
PHAN VAN KHAI

                                                                                      

                                                                                        


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Sep
19
Regulation On Foreigners Entry Into, Exit From, And Residence In Phu Quoc Island
Posted by Ngoc Tho Huynh on 19 September 2012 11:45 AM

Regulation On Foreigners' Entry Into, Exit From, And Residence In Phu Quoc Island Kien Giang Province

Chapter I : ENTRY INTO, AND EXIT FROM PHU QUOC ISLAND

Article 1.
- Phu Quoc island (excluding areas exclusively planned for public security or defense purpose) shall be eligible for entry and exit preferences specified in Clause 1, Article 3 of the Prime Minister's Decision No, 53/2001/QD-TTG of April 19, 2001, on policies toward border-gate economic zones.

Article 2.
- Foreigners and Vietnamese holding foreign passports (hereinafter referred collectively to as foreigners) who enter, exit from, and reside in Phu Quoc island, for a stay period not exceeding 15 days shall be exempt from visas; foreigners who enter an international border-gate of Vietnam and stay in its transit lounge before traveling to Phu Quoc island shall also be exempt from visas.

Citizens of countries entitled to visa exemption shall observe current regulations.

Article 3.
1. Foreigners arriving at the island by the sea through Phu Quoc international border-gate shall carry out entry procedures with the entry and exit management body right at the border-gate; foreigners traveling to Phu Quoc island by air shall carry out entry procedures at Vietnam's international airports, then stay in transit lounges of these air ports before taking domestic fights to Phu Quoc island.

2. When carry out entry procedures, foreigners shall have to produce their passports which are still valid for at least 45 days.

Article 4.
- In cases where, after coming to Phu Quoc island, visitors wish to travel to other localities, the entry and exit management body shall consider and grant visas to them right in Phu Quoc island; if they wish to stay in Phu Quoc more than 15 days, the entry and exit management body shall consider and extend their sojourn period.

Article 5.
- Crew members holding valid foreign crew members' books or crew member's passport may enter, exit from, and reside in Phu Quoc island during the period when their ships anchor at Phu Quoc island.

Article 6.
- As from the effective date of this Regulation, the Ministry of Defense shall, after reaching agreement with the Ministry of Public Security and the People's Committee of Kien Gaing province, report to the Prime Minister on the demarcation of Phu Quoc island areas exclusively planned for public security or defense purposes, publicize these areas and put up specific direction and no-entry signboards for each area.

Chapter II : RESIDENCE IN PHU QUOC ISLAND

Article 7.
- Foreigners entering Vietnam through Phu Quoc international border-gate shall be granted right at the border-gate by the entry and exit management body certificates for a sojourn period corresponding to the visa-exemption period; foreigners who are lawfully sojourning in Vietnam, when arriving at Phu Quoc island, shall not have to carry out procedures for sojourn certification but report thereon according to current regulations.

Article 8.
- Once in Phu Quoc island, foreigners may freely reside and travel there in accordance with the registered entry purposes, except for no-entry areas and areas exclusively planned for public security or defense purpose; if they want to enter such areas, they must obtain permission of competent agencies according to the Provision of the Prime Minister's Decision No. 160/2004/QD-TTg of September 6, 2004, no-entry areas and locations.

Article 9.
- Foreigners who apply for the extension of their sojourn period, change in registered sojourn purposes, grant supplementation or amendment of visas, or grant of sojourn cards or residence cards, shall carry out procedures with the entry and exit management body of Phu Quoc Police in person or through other agencies, organizations or individuals.

                                                                            

                                                                                        


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Sep
19
Ordinance On Entry, Exit And Residence Of Foreigners In Vietnam.
Posted by Ngoc Tho Huynh on 19 September 2012 11:44 AM

Ordinance On Entry, Exit And Residence Of Foreigners In Vietnam
( No. 24/2000/PL- UBTVQH 10 of April 28,2000)
In order to contribute to implementing the State's policy on development of friendly and cooperative relations with foreign countries and protect national interests and sovereignty;
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam:
Pursuant to the Resolution of the 6 session of the X11 National Assembly on its 2000 program for law and ordinance making;
This Ordinance prescribes the entry, exit and residence of foreigners in Vietnam.

Chapter I : GENERAL PROVISIONS
Chapter II : ENTRY, EXIT, TRANSIT
Chapter III : RESIDENCE
Chapter IV : EXPULSION
Chapter V : STATE MANAGEMENT OVER ENTRY, EXIT AND RESIDENCE OF FOREIGNERS IN VIETNAM
Chapter VI : HANDLING OF VIOLATIONS
Chapter VII : IMPLEMENTATION PROVISIONS

Chapter I : GENERAL PROVISIONS

Article 1
1. The Socialist Republic of Vietnam State facilitates the entry, exit and transit of foreigners; protects the lives, properties and other legitimate rights and interests of foreigners residing in Vietnam on the basis of Vietnamese laws and the international treaties which the Socialist Republic of Vietnam has signed or acceded to.

2. The foreigners who enter, exit, transit and/or reside in Vietnam must abide by Vietnamese laws and respect the traditions, customs, and practices of the Vietnamese people. It's strictly forbidden to abuse the entry into, exit from, transit and/or residence in Vietnam to break laws.

3. Where an international treaty which the Socialist Republic of Vietnam has signed or acceded to contains provisions on entry, exit, transit and residence of foreigners in Vietnam, which are contrary to the provisions of this Ordinance, the provisions of such international treaty shall apply.

Article 2
1. Vietnamese agencies and organizations, Vietnam-based foreign agencies and organizations as well as international organizations, Vietnamese citizens and foreigners lawfully residing in Vietnam may invite foreigners into Vietnam.

2. Agencies, organizations and individuals that invite foreigners into Vietnam shall have to ensure the compliance with foreigners' entry purposes, ensure financial matters and their cooperation with the State bodies to settle arising problems for foreigners.

Article 3
In this Ordinance, the following terms shall be construed as follow:

1. " Foreigners" are persons who do not bear the Vietnamese nationality;
2. "Permanently residing foreigners" are the foreigners who reside, work and earn their living permanently in Vietnam;
3. "Temporarily residing foreigners" are the foreigners who reside for a definite period of time in Vietnam :
4. "Entry" means to enter the Vietnamese territory through Vietnam's international border gates ;
5. "Exit" means to move out of the Vietnamese territory through Vietnam's international border gates ;
6. "Transit" means to go through the transit areas at Vietnam's international border gates.

Chapter II : ENTRY, EXIT, TRANSIT

Article 4
1. Foreigners on entry or exit must have passports or passport substitute papers (hereinafter referred collectively to as passports) and have visas granted by competent Vietnamese agencies, except for case of visa exemption.

2. Foreigners shall carry out procedure to apply for Vietnamese visas at the exit and entry management agency of the Ministry of Public Security, the Consular Office of the Ministry of Foreign Affairs, the Vietnamese diplomatic missions or consulates in foreign countries.

The visa application shall be replied within no more than 5 working days after the receipt of valid dossiers.

3. Persons aged under 14 who have been declared in the visa application of their escorts shall not have to fill in separate procedure for visa application.

Article 5
1. Agencies, organizations and individuals that invite foreigners into Vietnam shall send their written requests to the entry and exit management agency of the Ministry of Public Security or the Consular Office of the Ministry of Foreign Affairs.

2. A written request shall be replied within no more than 5 working days after the receipt of the request.

Article 6
1. Foreigners applying for entry shall be granted visas at Vietnam's international border gates in the following cases:

a) They enter for funerals of their relatives, for visits to their seriously ill relatives;

b) They depart from countries where Vietnamese diplomatic missions and/or Consulates are not available.

c) They enter for visit under programs organized by international tour enterprises of Vietnam;

d) They enter to provide urgent technical support for programs, projects, to give first- aid to seriously ill person, accident victims, to provide rescue for victims of natural disasters and epidemics in Vietnam.

e) For other urgent reasons.

2. The exit and entry management agency of the Ministry of Public Security shall issue visas as prescribed in Clause 1 of this Article.

Article 7
1. Vietnamese visas (hereinafter referred to as visas) are valid for entry, exit through Vietnam's international border gates.

2. The visas include the following types:
a) The single visa which is valid for use only once during the period of not more than 12 months;
b) Multiple visa which is valid for use more than once during the period of not more than 12 months
c) Not- extendable visa.
Visas already granted to foreigners may be cancelled in one of the circumstances prescribed in Articles 8 and 9 of this Ordinance.

Article 8
1. The competent State bodies of Vietnam shall not let foreigners to enter the country if they fall under one of the following circumstances:

a) Failing to satisfy all conditions prescribed in Clause 1, Article 4 of this Ordinance;

b) Forging papers, deliberately making false declarations when carrying out procedures for entry application;

c) For reasons of preventing and/or combating epidemics;

d) Having seriously breached Vietnamese laws during their previous entries;

e) For reasons of protecting national security or other special reasons as decided by the Minister of Public Security.

2. The Minister of Public Security shall consider and decide to permit the foreigners falling in cases prescribed in Clause 1 of this Article to enter the country.

Article 9
1. Foreigners may be suspended from exit in one of the following cases:

a) They are being examined for penal liability or being the defendants in civil, economic or labor cases;

b) They are being obliged to serve penal sentences;

c) They are being obliged to serve civil, economic or labor judgements;

d) They are being obliged to execute decisions on sanctioning administrative violations, to fulfill their tax obligations and other financial obligations.

2. Persons falling in cases prescribed in Points c and d of Clause 1, this Article, if being guaranteed with money, properties or other measures to ensure the performance of such obligations according to Vietnamese laws, may exit.

3. The investigation bodies, procuracies, courts and judgement- enforcing agencies of the provincial / municipal or higher level are competent to decide the temporary suspension of exit in cases prescribed at points a, b and c, Clause 1 of this Article.

The agencies competent to suspend exits shall have to issue decisions to unfreeze the exit suspension when the demand therefor no longer exits.

Decisions on exit suspension and decisions to unfreeze the exit suspension must be notified in writing to the Immigration Department of the Ministry of Public Security for implementation.

4. The Minister of Public Security shall decide the exit suspension applicable to foreigners falling in cases prescribed at point d, Clause 1 of this Article, at the requests of ministers, heads of ministerial - level agencies, heads of agencies attached to the Government or presidents of the People's Committees of provinces or centrally- run cities.

5. Persons who issue decisions on exit suspension propose the exit suspension contrary to the provisions of this Ordinance, if causing material losses to people being suspended from exit, shall have to make compensations therefor according to the provisions of law.

Article 10
Persons who are on transit shall be exempt from visas; if they wish to enter Vietnam for visits, tourism on this occasion, their wish shall be deal with by the exit and entry management agency of the Ministry of Public Security in accordance with the Regulation issued by the Ministry of Public Security.

Chapter III : RESIDENCE

Article 11
1. Foreigners on entry must register their residence purposes, duration and addresses in Vietnam and operate in strict accordance with the registered purposes.

2. Foreigners must not reside in areas banned from residence by foreigners.

Article 12
Foreigners may travel freely on the Vietnamese territory in accordance with the registered purposes of entry, except for areas banned from travel by foreigners if wishing to enter prohibited areas, they must get permission of the competent State bodies of Vietnam managing such prohibited areas.

Article 13
1. Foreigners temporarily residing in Vietnam under one of the following circumstances shall be considered for permanent residence:

a) They are people who have struggled for freedom and national independence, for socialism, for democracy and peace or for the cause of science, but have been subject to suppression.

b) They have meritorious contribution to the cause of building and defending the Vietnamese Fatherland.

c) They are spouses, offspring, parents of Vietnamese citizens residing in Vietnam.

2. Foreigners applying for permanent residence shall carry out the procedures there for at the Immigration Department of the Ministry of Public Security.

Article 14
1. The permanently residing foreigners are granted the permanent residence cards by the competent immigration agencies of the Ministry of Public Security.

The permanent resident card bearers shall be exempt from visas upon their entry and exit.

2. The permanently residing foreigners shall have to report themselves and produce their permanent residence cards to the competent immigration agencies of the Ministry of Public Security once every three years ; if there is any change in their permanent residence addresses or other registered contents, they shall have to carry out the procedure there for at the card granting agencies.

3. The permanently residing foreigners shall have to declare and report their temporary residence to the competent immigration agencies of the Ministry of Public Security if they stay overnight outside their registered permanent residence addresses.

4. The permanent residence card- issuing agencies shall withdraw or cancel the cards when the card bearers leave for permanent residence in other countries or are expelled.

Article 15
1. Foreigners may temporarily reside in Vietnam in accordance with the registered purposes, duration and addresses.

2. The temporary residence certificates shall be granted by the competent exit and entry management agencies of the Ministry of Public Security to foreigners at Vietnam's international border gates. The permitted temporary residence duration is compatible to the valid duration of visa.

The already granted temporary residence certificates may be cancelled or cut short in terms of their valid duration in cases where the certificate grantees breach Vietnamese laws or have their temporary residence contrary to the registered purposes.

Foreigners residing temporarily shall have to declare and report their temporary residence to the competent immigration agencies of the Ministry of Public Security, if requesting the granting, supplement or amendment of visas, extension of temporary residence or changes in the registered purposes of their temporary residence, they shall have to complete the procedure there for at the immigration agencies of the Ministry of Public Security.

3. Foreigners who temporarily reside for one year or more shall be granted the temporary residence cards by the competent immigration agencies of the Ministry of Public Security. The temporary residence cards shall be valid for between 1 and 3 years. The temporary residence card bearers shall be exempt from visas upon their entry and exit during the valid duration of the cards.

4. Foreigners who enjoy diplomatic or consular privileges and immunities shall fill in the procedure for granting, supplementing or amending visas, extending temporary residence and/or granting temporary residence cards at the Ministry of Foreign Affairs.

5. The consideration, granting, supplement amendment of visas, the granting of temporary residence cards or the extension of temporary residence shall be effected within no more than 5 working days after the receipt of valid dossiers.

Chapter IV : EXPULSION

Article 16
1. Foreigners shall be expelled from Vietnam in the following cases:

a) They are sentenced to expulsion by competent courts of Vietnam;

b) They are expelled by decisions of the Minister of Public Security;

2. The expulsion of foreigners who enjoy the diplomatic or consular privileges and immunities shall be handled through diplomatic channels.

Article 17
1. The Immigration Department of the Ministry of Public Security shall have to enforce the expulsion judgements and decisions.

2. The expulsion judgements and decisions must be handed over by the exit and entry management agency of the Ministry of Public Security to the expelled persons 24 hours at the latest before the enforcement.

3. Where the expelled persons are unwilling to execute the expulsions judgements or decisions, the exit and entry management agency of the Ministry of Public Security shall apply coercive expulsion measures.

Chapter V : STATE MANAGEMENT OVER ENTRY, EXIT AND RESIDENCE OF FOREIGNERS IN VIETNAM

Article 18
The contents of State management over the entry, exit and residence of foreigners in Vietnam include:

1. The promulgation of legal documents;
2. The conclusion of or accession to international treaties ;
3. The performance of entry, exit, transit and residence management activities
4. The State statistics;
5. The international cooperation;
6. Supervision, inspection examination and handling of law violations.

Article 19
1. The Government exercises uniform State management over entry, exit and residence of foreigners in Vietnam.

The Ministry of Public Security shall be answerable to the Government for its prime responsibility in the exercise of State management over entry, exit and residence of foreigners in Vietnam.

2. The Government shall issue the Regulation on coordination among the ministries, the ministerial level agencies and the agencies attached to the Government; define the responsibility of People's Committees of all levels in exercising the State management over entry, exit and residence of foreigners in Vietnam.

Chapter VI : HANDLING OF VIOLATIONS

Article 22
1. Those who breach the provisions of this Ordinance shall, depending on the nature and seriousness of their violations, be administratively handled or examined for penal liability; if causing damage, they shall have to make compensation there for according to the provisions of law.

2. Those who abuse their positions and/or powers and breach the provisions of this Ordinance shall, depending on the nature of seriousness of their violation, be disciplined or examined for penal liability, if causing damage, they shall have to make compensation there for according to the provisions of law.

Article 23
The complaints about administrative decisions, the denunciation of violations of the legislation on entry, exit and residence of foreigners in Vietnam shall comply with the provisions of the legislation on complain and denunciations.

Chapter VII : IMPLEMENTATION PROVISIONS

Article 24
This Ordinance is also applied to Vietnamese who carry foreign passports and are on entry, exit, transit or residing in Vietnam.

Article 25
This Ordinance shall come into force as from August 14th, 2000.

This Ordinance shall replace the February 21, 1992 Ordinance on entry, exit, residence and travel of foreigners in Vietnam.
The previous regulations contrary to this Ordinance shall all be annulled.

Article 26
The Government shall detail and guide the implementation of this Ordinance.

On behalf of the National Assembly Standing Committee

Chairman
(Signed)
NONG DUC MANH

                                                                                      

                                                                                         


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Sep
19
Visa Exemption for Vietnamese People Residing Abroad.
Posted by Ngoc Tho Huynh on 19 September 2012 11:34 AM

In understanding the Vietnamese community abroad as inseparable sections of the Vietnamese nation, Resolution 36-NQ/TW of the CPV Politburo on overseas Vietnamese affairs was proposed “to create favorable conditions for overseas Vietnamese to come back, visit their homeland and relatives, and worship their ancestors”.

In carrying out Resolution 36-NQ/TW, during his official visit to the United States of America, President Nguyen Minh Triet, at a meeting with overseas Vietnamese, announced Decision No. 135/2007/QĐ-TTg, the Regulations on Visa Exemption for Vietnamese People Residing Abroad.

Prime Minister Nguyen Tan Dung signed Decision No. 135/2007/QĐ-TTg on 17/08/2007.

For all Vietnamese residing abroad to clearly understand the new policy and to also assist them with the application process, the Ministry of Foreign Affairs has provided on-line access to valuable up-to-date information.

For all Vietnamese people residing overseas, we at www.vietnamvisacorp.com are pleased to provide you with a link to The Ministry of Foreign Affairs office.

All information is provided in both Vietnamese and English languages’.  Please go to: http://mienthithucvk.mofa.gov.vn/

Regards

Vietnamvisacorp

                                                                                                     


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