Thông tư 04-TT/BNV(A18)

CIRCULAR

ON ENTRY EXIT RESIDENCE AND TRAVEL PROVIDING GUIDELINES ON THE IMPLEMENTATION OF DECREE NO.04/CP OF THE GOVERNMENT DATED 18 JANUARY 1993 STIPULATING IN DETAIL THE IMPLEMENTATION OF THE ORDINANCE ON ENTRY, EXIT, RESIDENCE AND TRAVEL OF FOREIGNERS IN VIETNAM

For the purpose of implementing the Ordinance on Entry, Exit, Residence, and Travel of Foreigners in Vietnam dated 21 February and Decree No.04-CP dated 18 January 1993 of the Government, the Ministry of Interior provides the following additional detailed provisions on entry, exit, residence and travel of foreigners who are not entitled to diplomatic privileges and immunities:

Chapter I.

ENTRY, EXIT, AND TRANSIT

Article 1.

1.The procedure for application for an entry visa

(a)The procedures to be carried out at the central immigration office by Vietnamese bodies, organizations and individuals for the purpose of obtaining visas for the entry into Vietnam of foreigners as stipulated in clause 2 of article 1 of the Decree are stipulated in detail as follows:

Application documents submitted to the immigration department of the Ministry of Interior by inviting bodies, organizations, social or economic organizations of State and enterprises in respect of foreigners shall specify the following details:

- who will enter Vietnam at the invitation of or who shall be received by Ministers, heads of bodies or organizations at a central level, chairmen of people's committees of provinces or cities under central authority or heads of local units who are authorized (in accordance with regulations of the Government) by the heads of the above bodies;

- who will enter Vietnam on the invitation of non-State enterprises (joint venture enterprises with foreign parties, one hundred per cent (100%) foreign owned enterprises, branches of foreign economic organizations in Vietnam, share-holding companies, limited liability companies, or private enterprises) for the purpose of carrying out work which directly serves the business and production objectives of the enterprise in accordance with their licenses.

Such application documents must clearly state all details required in the stipulated form and the immigration department must consider and respond within seven (7) days.

Foreigners who wish to apply for entry into Vietnam for the purpose of exploring business and investment opportunities, but who are not invited or who will not be received by competent bodies of Vietnam, or for the purposes of studying, receiving paid medical treatment, tourism, or visiting their relatives may authorize a licensed Vietnamese organization registered to provide the service of inviting and receiving guests (the Chamber of Commerce and Industry of Vietnam, investment service companies, licensed international tourist companies), or their relatives (father, mother, spouse, siblings) who are residents of Vietnam, to apply to the immigration department of the Ministry of Interior for the entry permit. The above procedures must meet all requirements set forth in the prescribed form and the Immigration Department must have at least fifteen (15) days for its consideration and response.

(b)In cases where a foreigner arrives at a port of entry of Vietnam without an entry visa, the following solutions may be resorted to:

In cases where the Immigration Department of the Ministry of Interior agrees that the entry visa can be obtained at the port of entry, the Public security station at the port of entry or the Border-defending station of Vietnam(hereinafter referred to as Public security station at the port of entry) shall issue a visa for entry into Vietnam.

Where the Immigration Department of the Ministry of Interior has not given permission for the entry or has given permission for the entry but require that a visa must be obtained abroad, in principle the foreigner who arrives at the port of entry of Vietnam without an entry visa for Vietnam, must re-exit Vietnam except where it is considered that it is specified case of emergency which the public security station at the port of entry has the duty to report to the Immigration Department of the Ministry of Interior for consideration and if the Immigration Department agrees to grant the visa at the port of entry it shall inform the public security station at the port of entry for implementation.

Any other cases which arrive at the port of entry without visas and do not belong to the above stipulated cases shall not be permitted to enter Vietnam.

Visa issued at the port of entry must be in accordance with the contents of the permit issued by the Immigration Department.

In cases where a foreigner enters Vietnam and holds a passport issued by a country which has signed a treaty on exemption of visa with the Government of Vietnam, the inviting or receiving bodies, organizations or individuals in Vietnam (hereinafter referred to as relevant bodies) shall not be required to apply for entry permit, but must send a written report to the Ministry of Interior (Immigration Department) seven (7) days in advance stating the objectives, programs and necessary relevant details in accordance with the guideline provisions of the Immigration Department; such foreigner must declare name and address of the relevant body as stipulated in paragraph 1 of article 1 of the Decree and other details in the entry-exit card (in the stipulated form) at the public security station at the port of entry of Vietnam.

(d)The relevant bodies referred to in points (a) and (c) must be responsible before the law for any invitation, sponsorship upon arrival, transportation, and administration of guest's activities in accordance with the objectives and programs stated in the proposal or notification submitted to the Immigration Department of the Ministry of Interior.

2.Application procedures for exit visa for foreign permanent resident in Vietnam

A foreign permanent resident in Vietnam who wishes to leave Vietnam must make application at the Immigration Office of Public Security station of the province or city under central authority (hereinafter referred to as Provincial Public Security) where he or she has registered his or her permanent residence as stipulated in article 3 of the Decree.

The application referred to above must contain all necessary details in accordance with the stipulated form and the Immigration Office must have three (3) days to consider and make decision.

If the applicant for exit does not belong to those cases whose exits may be suspended as stipulated in article 7 of the Ordinance, the Immigration Office (which receiving the documents) shall issue exit visa to the applicant.

In special cases where the foreign permanent resident in Vietnam does not hold any passport or document in lieu thereof (due to having no citizenship or due to passport or document in lieu thereof expires but has not yet been extended by the country which issues such passport) the Minister of Interior shall consider and determine the issuance of the exit permit in accordance with the stipulated form.

The Immigration Office of the Provincial Public Security shall withdraw the "Certificate of Permanent Residence" when issuing visas, documents allowing a foreign permanent resident to reside in another country. Pending his or her exit a foreign permanent resident shall be permitted to use the passport bearing the exit visa or an exit permit which is still valid (including any extension of such documents) as identification paper. If the applicant no longer wishes to exit or cannot exit due to some reasons the applicant must file a report and reapply for "Certificate of Permanent Residence" at Immigration Office of the Public Security of the province where the applicant is permanently residing. The Immigration Office shall consider and reissue the "Certificate of Permanent Residence" to the applicant and revoke the exit visa or withdraw the exit permit which has been issued if such permit is still valid.

3.Procedures for extension of, amendment of, addition to the visa of Vietnam

A foreign temporary resident in Vietnam who wishes to extend, amend or add to the visa of Vietnam must submit an application or recommendation document of a relevant body in Vietnam to the Immigration Office of the Provincial Public Security where such person temporarily resides or to the Immigration Department of the Ministry of Interior in accordance with the procedures stipulated in paragraph 1 of article 5 of the Decree.

The applications or documents referred to above must contain all necessary details in accordance with stipulated form and the immigration bodies (which receive the application or official letter) must have at least three days to consider and to issue a decision.

In particular, where a visa expires at the same time as the period of temporary residency in Vietnam, only an extension of temporary residence as stipulated in paragraph (b) article 2 of Chapter II of this Circular and not an extension of visa is required if the reasons for a longer residency period is reasonable. A foreigner may use a valid certificate of temporary residence to exit through a Vietnam border gate as stipulated in the visa which has been used for entry into Vietnam.

4.Suspension of exit from Vietnam

(a)The exit of a foreigner may be suspended if such foreigner belongs to those cases stipulated in article 7 of the Ordinance. Vietnamese bodies and organizations which or individuals who request the suspension of exit of a foreigner must file an application or official letter with the Immigration Department stating clearly reasons for the suspension including any decision or document issued by authorized State administrative bodies which determine the civil, criminal and administrative responsibilities or obligations of the foreigner, grounds on which the request for suspension has been based, provisions of the Ordinance. On the basis of each specific cases, the Immigration Department may take appropriate measures, namely, suspending the issuance of exit visa or entry-exit visa, or revoking the visa which has been issued to foreigner exiting Vietnam or directing the public security station at the port of entry of Vietnam to suspend the exit of the foreigner.

Chapter II.

RESIDENCE AND TRAVEL

1.Procedure for granting, amending and adding to "Certificate of Permanent Residence"

(a)A foreigner must carry out procedure of registration of residence in accordance with paragraph 1 of article 9 of the Decree at the Immigration Office of the Public Security of the province where he or she resides. A person who is under the age of fourteen (14) and living with his or her foreign parent or guardian who is a permanent resident in Vietnam shall be declared in the "Certificate of Permanent Residence" of the parent or guardian.

Within five (5) days of receiving all relevant documents, the Immigration Office of Provincial Public Security shall grant a "Certificate of Permanent Residence" to the foreign applicant in accordance with the stipulated form. A person who is under the age of fourteen (14) and living with his or her foreign parent or guardian who is a permanent resident of Vietnam shall be registered in the same "Certificate of Permanent Residence" of his or her parent or sponsor.

Upon reaching the age of fourteen (14), such person shall be granted a separate "Certificate of Permanent Residence".

(b) A foreign permanent resident who wishes to change his or her registered address, occupation or any other details in the "Certificate of Permanent Residence" must apply for amendment of or addition to such certificate at the Immigration Office of the Public Security of the province where he is residing.

2. Procedure for granting, extending, amending, adding to and revoking of the certificate of temporary residence

(a)The public security station at the port of entry shall grant a certificate of temporary residence to a foreigner who is entering Vietnam after such person presenting his or her passport or a document in lieu thereof and a entry-exit card which has been filled in fully in accordance with point (c) of paragraph 2 of article 9.

The duration of the certificate of temporary residence which has been granted at the port of entry shall be consistent with the duration for the entry and activities in Vietnam as stipulated in entry permit issued by the Immigration Department of the Ministry of Interior, but such duration shall not exceed twelve (12) months in accordance with point (c) of article 9 of the Decree.

Where necessary, the Immigration Department of the Ministry of Interior may reissue the certificate of temporary residence to replace the one which has been granted at the port of entry (paragraph 3 of article 10 of the Decree) in the following cases:

Where the real objectives and reasons for the temporary residence in Vietnam of a foreigner is not consistent with the duration for temporary residence granted at the port of entry of Vietnam or where due to changes in the objectives for temporary residence the duration for temporary residence which has been granted at the port of entry becomes inappropriate.

Where the foreign temporary resident or relevant bodies in Vietnam request an extension, amendment of or addition to the certificate of temporary residence which has been granted.

(b)Whether the issued certificate of temporary residence has expired or not a foreign temporary resident in Vietnam who wishes to extend his or her certificate of temporary residence or to change the registered objectives must submit an application or an official letter of the authorized body of Vietnam to the Immigration Department of the Ministry of Interior or Immigration Office of the Public Security of the province where such person is residing.

The application or official letter referred to above must contain all necessary stipulated details and the Immigration Office (which receives the application or official letter) must have at least three days to consider and issue a decision.

(c)The Immigration Department may issue a decision revoking the certificate of temporary residence which has been granted by the Immigration Office to a foreign person in the following cases:

Where the registered reasons for temporary residence of a foreigner in Vietnam cease to be appropriate.

Where a foreigner belongs to those cases stipulated in article 14 of the Ordinance.

(d)In cases where the certificate of temporary residence expires and no extension is granted or where such certificate is revoked, the foreigner must leave Vietnam whether his or her entry-exit visa for Vietnam is still valid; if a foreigner does not voluntarily leave Vietnam, the Immigration Department may enforce its decision by applying measures such as: escorting the foreigner out of the territory of Vietnam or detain him until such person leaves Vietnam.

Where a foreign temporary resident is granted an extension of the duration of his temporary residency and his temporary residency and his entry-exit visa expires, he or she shall not be required to apply for an extension of visa until such time when he or she exits from Vietnam.

3. Declaration on temporary residence

A foreigner in Vietnam must fill in "Declaration on Temporary Residence" which is lodged with the owner of the hotel, inn, or with the Public Security of the district or commune where he or she is staying overnight in accordance with the stipulated form.

The owner of a hotel, guest house, inn or private house where the foreigner temporarily resides must report the residency of the foreigner to the local public security. The procedure which applies to the owner of the hotel, guest house, inn or private house when reporting to the local public security shall be stipulated by the Ministry of Interior.

4. Granting travel permits in Vietnam to foreigners

(a)A foreigner in Vietnam who wishes to enter a restricted area stipulated in article 12 of the Decree must file an application with or have an official letter of a relevant bodies of Vietnam sent to the following authorized bodies:

The application or official letter shall be sent to Immigration Department of the Ministry of Interior or the Immigration Office of the Public Security of the Province where such foreigner is residing except in cases where such person wishes to enter an area used for national defense in which case the regulations of the Ministry of National Defense shall apply.

The Immigration Office of the Provincial Public Security or the Immigration Department of the Ministry of Interior shall issue a permit after obtaining the approval of the Prime Minister of the Government (in respect of restricted area stipulated by the Government) or the approval of the Minister of Interior.

A foreigner shall only be permitted to enter the areas referred to above when a permit of the relevant authorized bodies of Vietnam has been obtained. In cases where a foreigner resides in an area which has been determined by an authorized body of Vietnam as a restricted area, such foreigner must leave that area within a time limit set by immigration bodies.

The Signboards for restricted areas in respect of foreigners as stated in article 12 of the Decree shall be uniformly used throughout the country and are as follows: regular in shape, with width being equal to two-thirds of the length (made from rust-resistant and thick sheet iron or concrete), with white background and black perimeter line with the words "restricted area" in black print. The signboard shall be positioned at the height equal to the eye level of a person, on the right hand side of the road or on the road leading into the restricted area so that the signboard and the words on the signboard are clearly visible.

(b) A foreigner shall not be required to apply for a permit when traveling outside the restricted areas mentioned in article 12.

5. Responsibility for the travel and activities in Vietnamese territory of a foreigner who is temporarily residing in Vietnam

The responsibility of a foreign temporary resident when traveling or carrying out activities within the territory of Vietnam as stipulated in clause 3, article 13 of the Decree shall be provided in detail as follows:

Relevant bodies in Vietnam must send a written report in advance about the travel program and activities of their guests to the Immigration Department of the ministry of Interior or Immigration Office of the Public Security of the province where the guest is temporarily residing. Where there is any change in the reported program, it is required that such change be reported to the Immigration Department of the Ministry of Interior or the Immigration Office of the province where the guest is temporarily residing before his travels or activities.

6. A foreigner who wishes to transit through Vietnam must follow the routes from the port of entry to the port of exit of Vietnam in accordance with the regulations of the Ministry of Interior.

The Immigration Department of the Ministry of Interior must announce publicly each stipulated route from entry port to exit port of Vietnam which is reserved for foreigners who are in transit in Vietnam.

Chapter III.

DEPORTATION

1. Foreigners in Vietnam who belong to one of those cases provided for in article 14 of the Ordinance shall be deported out of Vietnam upon the issuance of "Deportation Order".

"Deportation Order" of the Minister of Interior must be served or communicated to the deportee prior to the date on which he or she must leave Vietnam. Where necessary, the relevant bodies or organizations in Vietnam may be notified.

2. In cases where the deportee fails to voluntarily observe the "Deportation Order" the Head of Immigration Department of the Ministry of Interior or the Director of the Public Security of the province or city under central authority shall have the power to issue a decision temporarily to confine such person in order to apply forced deportation measures.

The person who decides to temporarily detain a foreigner for the purpose of applying forced deportation measures must organize for the escort of the deportee to Vietnamese border within the time limit of which the deportee must leave Vietnam in accordance with the Deportation Order of the Minister of Interior and actual conditions.

Chapter IV.

ORGANIZATION OF THE IMPLEMENTATION

1.The People's public security forces at all levels shall provide conditions for its officers to study and grasp thoroughly the Ordinance on Entry, Exit, Residence and Travel of Foreigners in Vietnam dated 21/12/1992, Decree No.04/CP of the Government dated 18 January 1993 and this Circular in order to ensure strict and uniform implementation of the provisions issued by the State, the Government and the Ministry of Interior.

2.The Public Security of provinces or cities under central authority shall, together with judicial bodies at the same level, review legal documents issued by the people's committees and people's councils in respect of the entry, exit, residence and travel of foreigners in their respective localities and shall recommend the repeal of such documents if they are inconsistent with the Ordinance, the Decree or this Circular in order to ensure consistency with the law; it shall also promptly consolidate the organization of immigration units of Public Security of provinces or cities under the guidance of the Ministry of Interior in order to ensure that the implementation of duties and powers are in accordance with the Ordinance, the Decree and this Circular.

3.The Immigration Department of the Ministry of Interior shall on the basis of its functions and powers organize the administration of entry, exit, residence and travel of foreigners, issue tables and forms as stipulated in this Circular and supervise, examine and guide the Public Security in provinces and cities in their implementation of the Ordinance, the Decree and this Circular; provide guidelines for Vietnamese bodies, organizations and individuals so as to ensure proper implementation of the regulations of the State, the Government and the Ministry of Interior on entry, exit, travel of foreigners in Vietnam; carry out state statistics activities on entry, exit, residence and travel of foreigners in Vietnam.

4.Regulations and guideline provision previously issued by the Ministry of Interior in relation to entry, exit, residence and travel of foreigners in Vietnam which are inconsistent with this Circular is repealed.