Thông tư 31/2015/TT-BCA

CIRCULAR

ON GUIDELINES FOR ISSUANCE OF VISAS, TEMPORARY RESIDENCE CARDS, ENTRY/EXIT PERMITS, AND GRANTING PERMANENT RESIDENCE STATUS FOR FOREIGNERS IN VIETNAM

Pursuant to the Law on entry, exit, transit and residence of foreigners in Vietnam dated June 16, 2014;

Pursuant to Decree No. 106/2014/ND-CP dated November 17, 2014 of the Government defining the functions, tasks, entitlements and organizational structure of the Ministry of Public Security;

At the request of Director General of General Department of Security,

The Minister of Public Security promulgates a Circular on guidelines for issuance of visas, temporary residence cards, entry/exit permits, granting permanent residence status for foreigners in Vietnam.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular provides guidelines for issuance of visas, temporary residence cards, entry/exit permits, and granting permanent residence status for foreigners in Vietnam within competence of the Ministry of Public Security.

Article 2. Regulated entities  

This Circular applies to foreigners who enter or reside in Vietnam and relevant agencies, organizations, and individuals.

Chapter II

PROCEDURES AND POWER TO PROCESS APPLICATION FOR ISSUANCE OF VISAS, TEMPORARY RESIDENCE CARDS AND GRANTING TEMPORARY RESIDENCE STATUS

Article 3. Procedures and power to process application for issuance of visas

1. The inviting entity prescribed in Clause 1 Article 16 of the Law on entry, exit, transit, and residence of foreigners in Vietnam (hereinafter referred to as Law) shall directly submit application at the Immigration Administration Department.

2. An application for issuance of visa using the form issued by the Ministry of Public Security in Circular No. 04/2015/TT-BCA dated January 5, 2015 on forms of documents on entry, exit, and residence of foreigners in Vietnam shall include:

a) An NA2 form applicable to agencies or organizations;

b) An NA3 applicable to individuals.

3. Processing application for issuance of visa:

a) Immigration Administration Department shall consider and respond to the applicants as prescribed in Clause 3 Article 16 of the Law;

b) Regarding applications submitted at checkpoints, Immigration Administration Department shall consider and respond as prescribed in Clause 5 Article 16 of the Law.

Article 4. Procedures and power to process application for issuance of temporary residence cards

1. The inviting entity shall apply for issuance of a temporary residence card on behalf of an eligible foreigner prescribed in Clause 2 Article 36 of this Law at Immigration Administration Department or Division of immigration administration of police authority of the province or central-affiliated city (hereinafter referred to as province) where the inviting entity’s headquarter is located or where the inviting entity resides.

2. The application for issuance of temporary residence card shall comply with Clause 1 Article 37 of the Law. An application for issuance of temporary residence card prescribed in Point a Clause 1 Article 37 of the Law using the form issued by the Ministry of Public Security in Circular No. 04/2015/TT-BCA dated January 5, 2015 on forms of documents on entry, exit, and residence of foreigners in Vietnam shall include:

a) An NA6 and NA8 form applicable to agencies or organizations;

b) An NA7 and NA8 form applicable to individuals.

3.  Issuing temporary residence cards

Within 05 working days from the date on which the adequate application is received, Immigration Administration Department or Division of immigration administration of police authority of the province shall consider issuing a temporary residence card.

4. Validity period of a temporary residence card shall conform the entry purposes and the application. A temporary residence card has a validity period of between 1 and 5 years provided that it is 30 days shorter than the validity period of the passport.

Article 5. Granting permanent residence status

1. Procedures and power to grant permanent residence status shall comply with Articles 41 and 42 of the Law.

2. Determination of duration of temporary residence in Vietnam of a foreigner applying for permanent residence (hereinafter referred to as applicant):

a) The applicant has temporarily resided in Vietnam for at least consecutive 3 years as prescribed in Clause 3 Article 40 of the Law according to the entry and exit visa borne at the checkpoint within latest 4 years from the date on which the application for permanent residence is submitted.

b) Documents proving that the applicant has temporarily resided in Vietnam before 2000 as prescribed in Point b Clause 1 Article 42 of the Law, including: certification of temporary residence; temporary residence register; description of duration of temporary residence in Vietnam certified by the police authority of commune/ward/ town where the applicant (without nationality) temporarily resides.

3. Receiving body of application for permanent residence status:

a) The applicant prescribed in Clauses 1 and 2 Article 39 of the Law shall submit application at Immigration Administration Department.

b) The applicant prescribed in Clauses 3 and 4 Article 39 of the Law shall submit application at Division of immigration administration of police authority of the province.

Chap III

PROCEDURES FOR ISSUANCE AND REISSUANCE OF ENTRY/EXIT PERMITS FOR PEOPLE WITHOUT NATIONALITIES IN VIETNAM

Article 6. Entry/exit permits

1. Laissez-passers prescribed in Point i Clause 1 Article 44 of the Law are entry/exit permits issued by Immigration Administration Department to people without nationalities in Vietnam wishing leaving Vietnam (using form No. NC13 issued herewith).

2. Validity period of the entry/exit permit is 3 years; it shall be considered reissuing in case of loss or damage.

Article 7. Procedures for issuance or reissuance of entry/exit permits

1. Any person applying for issuance or reissuance of entry/exit permit shall submit an application at Immigration Administration Department or Division of immigration administration of police authority of the province. The application includes:

a) An application form for issuance or reissuance of entry/exit permits (using form No. NC14 issued herewith);

b) A photocopy of temporary residence card attached with the original copy for comparison (if any);

c) A description of duration of temporary residence in Vietnam certified by the police authority of the commune/ward/town where the person without nationality temporarily resides;

d) An entry/exit permit which is reissued due to its damage;

dd) A report of loss, with regard to application for reissuance of permit due to its loss.

2. Issuing or reissuing entry/exit permits:

a) With respect to application submitted at Immigration Administration Department:

Within 05 working days from the date on which adequate application is received, Immigration Administration Department shall consider issuing or reissuing the entry/exit permit.

b) With respect to application submitted at Division of immigration administration of police authority of the province:

Within 03 working days from the date on which the adequate application is received, Division of immigration administration of police authority shall consider transferring the application to Immigration Administration Department. Immigration Administration Department shall consider issuing or reissuing the entry/exit permit within 02 working days.

Chapter IV

IMPLEMENTATION

Article 8. Transitional provisions

1. Any unexpired entry/exit permit before the effective date of this Circular shall remain its validity until its expiry date.

2. Any application for issuance of visa, temporary residence card; issuance or reissuance of entry/exit permit; or granting permanent residence status before the effective date of this Circular which has not been processed shall be considered by the immigration authority as prescribed in this Circular.

Article 9. Effect

1. This Circular comes into force from August 20, 2015.

2. This Circular replaces Circular No. 45/2011/TT-BCA dated June 29, 2011 of the Minister of Public Security on guidelines for issuance of entry/exit permit for foreigners in Vietnam without passport.

Article 10. Implementation

1. General Department of Security shall take charge and instruct police authorities of units, local governments and relevant units to implement this Circular.

2. Directors General, Heads of affiliates of Ministry, Directors of police authorities, Fire departments of central-affiliated cities and provinces shall implement this Circular.

Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Public Security (via Immigration Administration – General Department of Security) for consideration./.