Thông tư liên tịch 03/2016/TTLT-BCA-BQP

JOINT CIRCULAR

GUIDING THE ENTRY, EXIT AND RESIDENCE OF FOREIGNERS AND CONTROL AND SUPERVISION OF FOREIGN VEHICLES ENTERING AND EXITING BORDER ECONOMIC ZONES AND SEA PORTS IN ECONOMIC ZONES

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

Pursuant to the Government's Decree No. 29/2008/ND-CP dated March 14, 2008 on industrial parks, export processing zones, and economic zones and the Government's Decree No. 164/2013/ND-CP dated November 12, 2013 providing for amendments to a number of articles of the Government's Decree No. 29/2008/ND-CP dated March 14, 2008 on industrial parks, export processing zones, and economic zones;

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

Pursuant to the Government's Decree No. 35/2013/ND-CP dated April 22, 2013 defining the functions, tasks, powers and organizational structure of Ministry of National Defence;

Minister of Public Security and Minister of National Defence promulgates a Joint Circular to provide the following guidance on the entry, exit and residence of foreigners and control and supervision of foreign transport units entering and exiting border economic zones and sea ports in border economic zones.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular provides guidance on the supervision and control of the entry, exit and residence of foreigners, the issuance of visas and sightseeing permits to foreigners to visit border economic zones; the supervision and control of foreign vehicles entering and exiting border economic zones and sea ports in economic zones.

Article 2. Regulated entities

1. This Circular shall apply to foreigners who enter, exit and reside in border economic zones, foreign vehicles which enter and exit border economic zones and sea ports in economic zones, and relevant agencies and entities.

2. Foreigners who enter border economic zones through visas issued by competent authorities of Vietnam or under the category of unilateral visa exemption of Vietnam, and those who are eligible for visa exemption under international treaties to which Vietnam is a signatory shall not be governed by this Circular.

Article 3. Conditions for entry and exit from border economic zones

1. A foreigner who enters a border economic zone must present any of the following documents:

a) The passport or lawful international travel document that is still valid for at least 06 months;

b) The border pass and other lawful documents as regulated by laws and in conformity with international treaties entered into by Vietnam and neighboring countries with remaining validity of at least 45 days.

2. A foreigner must not be subject to the “chưa cho nhập cảnh” (“entry not approved”) and “tạm hoãn xuất cảnh” (“suspension from exit”) cases as regulated in Article 21 and Article 28 of the Law on entry, exit, transit and residence of foreigners in Vietnam.

Article 4. Rules for entry, exit and residence in border economic zones

1. Foreigners may stay in border economic zones up to 15 days.

2. Foreigners may stay in accommodations in border economic zones, with the exception of restricted areas and areas where activities are suspended within the land border area or prohibited or restricted areas within the sea border area.

3. Chinese citizens who are in possession of popular e-passports shall comply with specific guidance of the Ministry of Public Security.

4. If a foreigner enters a border economic zone, he/she shall has the seal of that border economic zone authority appended on his/her travel document (the seal shall follow the form No. 01/KC enclosed herein).

5. If a foreigner who is in possession of a valid passport or international travel document under the categories herein and is temporarily residing in a border economic zone is going to travel outside of that border economic zone, he/she must be guaranteed by An international travel company operated in Vietnam that shall apply for a visa granted to that foreigner by the Immigration Department directly under Ministry of Public Security.

6. If a foreigner who enters Vietnam by using the border pass or other documents as mentioned in Clause 1 Article 3 wants to travel to other sites in the province where the border economic zone is located, he/she must be guaranteed by An international travel company operated in Vietnam that shall apply for a sightseeing permit granted to that foreigner by the Immigration Department directly under Ministry of Public Security (using the form No. 03/GP enclosed herein). That foreigner is not allowed to go sightseeing to other provinces in Vietnam.

Chapter II

SUPERVISION AND CONTROL OF THE ENTRY, EXIT AND RESIDENCE OF FOREIGNERS IN BORDER ECONOMIC ZONES

Article 5. Supervision and control of foreigners’ entry at border economic zones

1. Immigration control units at border checkpoints shall approve the entry of foreigners after they have examined the legality and validity of foreigners’ passports or documents mentioned in Clause 1 Article 3 herein, verified photos and confirmed that those foreigners are not subject to the “chưa cho nhập cảnh” (“entry not approved") case as prescribed in Clause 2 Article 3 herein.

If a foreigner fails to satisfy the conditions mentioned in Clause 2 Article 3 herein, the immigration control unit shall not approve the entry of that foreigner, make a written record thereof and comply with requirements in the registration form bearing “chưa cho nhập cảnh” (“entry not approved”) seal (if any).

2. If the entry is approved, immigration control units at border checkpoints shall append the seals of verification of entry, stay permit for period of 15 days and “KKT cửa khẩu…..” ("Border economic zone…..”) on passports or international travel documents or border passes of entering foreigners. The approval for entry of Chinese citizens who are in possession of popular e-passports shall comply with specific guidance of the Ministry of Public Security.

Article 6. Supervision and control of foreigners’ exit at border economic zones

1. Immigration control units at border checkpoints shall approve the exit of foreigners after they have examined the legality and validity of foreigners’ passports or documents mentioned in Clause 1 Article 3 herein, verified photos and confirmed that those foreigners are not subject to the “tạm hoãn xuất cảnh” (“suspension from exit") case as prescribed in Clause 2 Article 3 herein.

If a foreigner fails to satisfy the conditions mentioned in Clause 2 Article 3 herein, the immigration control unit shall not approve the exit of that foreigner, make a written record thereof and comply with requirements in the registration form bearing the “tạm hoãn xuất cảnh” (“suspension from exit") seal (if any). Over the permitted period of temporary residence, if a foreigner still stays in Vietnam, he/she must face a penalty for administrative violation and be forced to leave Vietnam with a written record made.

2. If the exit is approved, immigration control units at border checkpoints shall append the seal of verification of exit on passports or international travel documents or border passes of the exiting foreigners. The approval for exit of Chinese citizens who are in possession of popular e-passports shall comply with specific guidance of the Ministry of Public Security.

Article 7. Registration of temporary residence for foreigners at border economic zones

1. The accommodation in border economic zone shall carry out the registration of temporary residence for every foreigner within 12 hours from the time when that foreigner enters that accommodation.

2. The police agency of commune/ward/town where the border economic zone is located or the border economic zone police station shall receive and send daily applications for the registration of temporary residence of foreigners submitted by accommodations to the immigration station of that economic zone. The immigration station shall input data about the temporary residence of foreigners in the border economic zone, immediately send it to the Immigration Office affiliated to the Provincial Police Agency and inform the Border Guard Station where the accommodation is located. The Immigration Office affiliated to the Provincial Police Agency shall send information about the temporary residence to the Immigration Department.

Article 8. Recording and sending information about the entry and exit of foreigners at border economic zones

1. Immigration control units at border checkpoints shall record and send information about the entry and exit of foreigners to the Border Gate Department directly under the Border Guard High Command.

2. The Border Gate Department (directly under the Border Guard High Command) shall send all information about the entry and exit sent by the immigration control units to the Border Gate Security Department (directly under the General Department of Security) for the purpose of serving the state management and statistics on immigration.

Chapter III

PROCEDURES FOR ISSUANCE OF VISAS AND SIGHTSEEING PERMITS TO FOREIGNERS AT BORDER ECONOMIC ZONES

Article 9. Procedures for issuance of visas to foreigners for travelling to other regions in Vietnam

If a foreigner who enters a border economic zone wants to travel to other regions in Vietnam, he/she must, via a An international travel company operated in Vietnam, submit an application for visa issuance to the Immigration Office directly under the Police Agency of province where the border economic zone is located.

1. The application for visa issuance consists of:

a) 01 Application form for visa issuance, using the form NA5 promulgated under the Circular No. 04/2015/TT-BCA dated January 05, 2015 of Ministry of Public Security providing for specimen papers concerning foreigners entering, leaving and residing in Vietnam.

b) The passport or legitimate international travel document.

2. Visa issuance:

a) After receiving the application for visa issuance, the Immigration Office shall immediately report to the Immigration Department (by Fax or electronically) for consideration.

b) Within 01 working day, the Immigration Department shall reply to the Immigration Office (by Fax or electronically) to issue visa to the applicant. The issuance of visas to Chinese citizens who are in possession of popular e-passports shall comply with specific guidance provided for by the Ministry of Public Security.

Article 10. Procedures for issuance of sightseeing permits to foreigners who enter Vietnam by using the border passes or other documents as mentioned in Clause 1 Article 3 herein to travel to other sites in the province where the border economic zone is located

1. If a Chinese or Cambodian citizen who enters Vietnam by using the border pass or other documents as mentioned in Point b Clause 1 Article 3 herein wants to travel to other sites in the province where the border economic zone is located, he/she must, via An international travel company operated in Vietnam, submit application for a sightseeing permit to the Immigration Station of that border economic zone. The maximum duration of a sightseeing permit to travel to other sites in the province must be conformable with the tour organized by the international travel company provided that it shall not exceed 15 days and is not extended.

a) The application for issuance of sightseeing permit consists of:

- The written request for the issuance of sightseeing permit, using the form No. 02/CV herein.

- The border pass and documents mentioned in Point b Clause 1 Article 3 herein.

b) Issuance of sightseeing permit:

- After receiving the written request, the Immigration Station shall immediately report to the Immigration Office (by Fax or electronically) for consideration.

- Within 01 (one) working day, the Immigration Office shall reply to the Immigration Station to issue the sightseeing permit. Fees for issuance of the sightseeing permit to travel to other sites in the province shall comply with regulations and laws on fees and charges.

2. Laotian citizens who enter Vietnam by using border passes shall comply with regulations in the Circular No. 41/2011/TT-BCA dated June 29, 2011 of Ministry of Public Security providing guidance on the issuance of border passes to travel to Laos to Vietnamese citizens and permits to travel to provinces and cities in Vietnam to Laotian citizens.

Chapter IV

CONTROL AND SUPERVISION OF OPERATORS AND FOREIGN VEHICLES ENTERING AND EXISTING BORDER GATE ECONOMIC ZONES AND SEA PORTS IN BORDER GATE ECONOMIC ZONES

Article 11. Control and supervision of operators and foreign vehicles entering and existing border gate economic zones

1. Operators and foreign vehicles entering and existing Vietnam through land border gates must present the following documents:

a) Required documents for vehicles:

- Certificate of vehicle registration;

- Documents related to cargo procedures (for vehicle for transporting cargo);

- Certificate of civil liability insurance for vehicle owner;

- Cross-border transport permit;

- Permit for transport of passengers/commodities (if any);

- Certificate of technical safety and environment protection.

- Other documents as regulated by the law of Vietnam or international treaties to which Vietnam is a signatory.

b) Required documents for a vehicle operator:

- The passport or international travel document or border pass.

- License of vehicle operator.

c) Visa exemption shall be granted to the vehicle operator mentioned in Point b Clause 1 herein. The immigration control unit at border checkpoint shall approve the entry and issue certificate of temporary residence in conformity with entry purposes after that immigration control unit has checked and confirmed that all conditions for entry mentioned in Article 3 herein have been satisfied. The settlement of entry and exit shall comply with respective Article 5 and Article 6 herein.

2. Vehicles and operators of vehicles by waterway of the countries that share borders with Vietnam must comply with procedures on entry or exit at border regions when delivering or receiving commodities at sea ports or river ports in border economic zones. The following documents must be presented and submitted when carrying out procedures for entry/exit:

a) The following documents must be submitted (01 original of each type):

- General declaration;

- Crew list;

- List of passengers (if any);

- Explosives, weapons or dangerous goods manifest (if any);

- Declaration of stowaway (if any).

b) The following documents must be presented (01 original of each type):

- Certificate of ship registration or ship registration book;

- License to use radio frequencies and equipment;

- Certificate of technical safety;

- Documents related to commodities transported;

- Passport or seaman’s passport or seaman’s discharge book or border pass issued by a competent authority of the country of which that seaman is a citizen.

3. The vehicles regulated in Clause 1 and Clause 2 herein must be governed by current regulations if they are used to transport or deliver/receive commodities at other locations outside border economic zones.

4. The control and supervision of foreigners and foreign vehicles inside Vietnam entering/leaving border economic zones shall comply with the Government's Decree No. 34/2014/ND-CP dated April 29, 2014 promulgating regulations on land border areas of the Socialist Republic of Vietnam and the Government's Decree No. 50/2008/ND-CP dated April 21, 2008 on management and protection of security and order at seaport border gates.

Chapter V

RESPONSIBILITIES OF COMPETENT AUTHORITIES FOR CONTROL AND SUPERVISION OF FOREIGNERS AND FOREIGN VEHICLES ENTERING AND EXITING BORDER GATE ECONOMIC ZONES AND SEA PORTS IN BORDER GATE ECONOMIC ZONES

Article 12. Responsibilities of affiliates of Ministry of Public Security

1. General Department of Security (Border Gate Security Department)

a) Coordinate with the Border Guard High Command (the Border Gate Department) to provide guidance to Border Guard Forces in provinces where border economic zones are located on the control and supervision of entry/exit of foreigners and foreign vehicles, and settlement of violations against regulations on immigration at border gates;

b) Instruct the Police Agencies of central-affiliated cities or provinces in coordinating with the Border Guard Forces in provinces where border economic zones are located to settle violations against immigration law which are committed by foreigners and beyond the competence of the Border Guard Forces.

2. General Department of Security (Immigration Department)

a) Announce forms of passports, international travel documents, border passes and other lawful documents in conformity with the law of Vietnam and regulations in international treaties entered into by Vietnam and neighboring countries.

b) Consider and reply to the Police Agencies of the provinces where border economic zones are located to issue visas to foreigners who apply for visa issuance via international travel companies;

c) Instruct the Police Agencies of central-affiliated cities or provinces in issuing visas or sightseeing permits to foreigners to travel to other sites in a given province and handling violations against law on entry, exit and residence at border economic zones.

3. The Police Agency of a province where the border economic zone is located:

a) Issue visas to foreigners in need of travelling to other regions within the territory of Vietnam, and issue sightseeing permits to foreigners in need of traveling to other sites in that province where the border economic zone is located;

b) Manage the temporary residence of foreigners, inspect and handle violations against the immigration law which are committed by foreigners at border economic zones;

c) Provide advice and proposals concerning the establishment of Immigration Stations at border economic zones.

4. The Police Agencies of central-affiliated cities or provinces are responsible for managing the residence of foreigners, inspecting and handling violations committed by foreigners against the immigration laws.

Article 13. Responsibilities of affiliates of Ministry of National Defence

1. Border Guard High Command (Border Gate Department)

a) Instruct the Border Guard Forces of provinces where border economic zones are located in organizing and using personnel and facilities to supervise and control the entry/exit, supervise foreigners and foreign vehicles entering/leaving border economic zones and sea ports in economic zones. Take charge and coordinate with General Department of Security (the Border Gate Security Department and the Immigration Department) to provide guidance on the control and supervision of entry/exit of foreigners, foreign vehicles and commodities entering/leaving border economic zones and sea ports in border economic zones, and handling of violations committed by foreigners against the laws on entry, exit and residence at border areas;

b) Instruct immigration control units to daily send data about foreigners’ entry/exit and violations committed by foreigners against the laws on entry, exit and residence at border areas to the Border Gate Department or the Border Guard High Command in order to send to the Border Gate Security Department directly under the General Department of Security.

2. Steering Committees of the Border Guard Forces in provinces where border economic zones are located shall instruct immigration control units to:

a) Carry out the supervision and control of foreigners and foreign vehicles entering/leaving through border gates;

b) Manage and supervise foreign vessels/ships and seamen when they anchor at sea ports in border economic zones in conformity with laws;

c) Handle violations committed by foreigners against the immigration law at border areas.

Chapter VI

IMPLEMENTATION

Article 14. Effect

This Circular takes effect after 45 days from the date on which it is signed.

Article 15. Implementation

1. The General Department of Security (directly under Ministry of Public Security) and the Border Guard High Command (directly under Ministry of National Defence) shall instruct and inspect the implementation of this Circular within their ambit of functions, tasks and powers.

2. The Border Gate Security Department and the Immigration Department (directly under the General Department of Security), the Border Gate Department (directly under Border Guard High Command), Directors of the Police Agencies, Commanders of the Border Guard Forces of central-affiliated cities or provinces shall be responsible for implementing this Circular.

The Police Agencies and the Border Guard Forces of central-affiliated cities or provinces should report any difficulties that arise during the implementation of this Circular to the General Department of Security (via the Border Gate Security Department) or the Border Guard High Command (via the Border Gate Department) in a timely manner for consideration./.