Viet Nam: Ordinance No. PLRVCT of 1992 on Entry, Exit, Residence and Travel of Foreigners

Pursuant to article 100 of the Constitution of the Socialist Republic of Vietnam and article 34 of the Law on Organization of the National Assembly and the State Council dated 29 February, the Chairman Vo Chi Cong of the State Council promulgates the Ordinance on Entry, Exit, Residence, and Travel of Foreigners in Vietnam which was approved by the State council on 21 February, 1992. The Ordinance is as follows:

In order to contribute towards the implementation of State policies on the development of friendly relations and co-operation with foreign countries, and to protect the interests and sovereignty of the nation;

Pursuant to article 100 of the Constitution of the Socialist Republic of Vietnam;

This Ordinance stipulates the procedures for the entry, exit, transit, residence, and travel of foreigners in Vietnam.

CHAPTER I
General Provisions

Article 1

In this Ordinance, the following terms shall have the meanings ascribed to them thereunder:

1.Foreigner means a person who does not have Vietnamese citizenship.

2.Permanent foreign resident means a foreigner who is residing in Vietnam for an indefinite period of time.

3.Temporary foreign resident means one or more foreigner who is residing in Vietnam for a definite period of time

Article 2

1.The Government of the Socialist Republic of Vietnam shall create favorable conditions for the entry into, exit from, and transit through Vietnam of foreigners; it shall protect the lives, possessions, and other legal interests of foreigners who reside in Vietnam in accordance with the laws of Vietnam and international treaties to which the Socialist Republic of Vietnam is a signatory.

2.All foreigners who reside in Vietnam shall abide by the Constitution and law of Vietnam, and shall respect the traditions and customs of the Vietnamese people.

3.Where an international treaty to which the Socialist Republic of Vietnam is a signatory contains provisions which are inconsistent with the provisions of this Ordinance, the provisions of the international treaty shall prevail.

CHAPTER II
Entry, Exit, and Transit

Article 3

1.All foreigners shall, upon entering into, and exiting from, Vietnam, hold passports or valid papers in lieu thereof and regular visas issued by the authorized Vietnamese agency.

2.All foreigners applying of entry into Vietnam shall carry out the formal procedures at a diplomatic or consular mission of Vietnam located in his or her particular foreign country, or at an authorized State agency in Vietnam.

In the circumstances stipulated by the Council of Ministers where a foreigner has been allowed entry by an authorized State agency of Vietnam, he or she shall be granted a visa at the port of entry into Vietnam.

3.All foreigners under fourteen (14) years of age who are included in the visa application form of his or her guardian shall not be required to carry out the visa application procedures.

4.The Council of Ministers shall stipulate the procedures for the issuing of visas and the ports of entry where visas are permitted to be issued.

Article 4

1.The visas of Vietnam include the following types of visas:

(a)Entry visa;

(b)Exit visa;

(c)Exit-Entry visa;

(e)Transit visa.

2.Visas shall be valid for single use only. The Council of Ministers has the power to stipulate the circumstances for the issue of multiple use entry-exit visas.

3.The Council of Ministers shall stipulate the duration of each type of visas; and the procedures for the extension of, amendment of, addition to and termination of visas.

Article 5

1.Entry visas and entry-exit visas may be terminated if the visa-holder comes within one of the circumstances stated in articles 6 and 14 of this Ordinance, or no longer satisfies the proper requirements to be granted entry into Vietnam.

2.Exit visas and exit-entry visas may be terminated if the visa-holder comes within one of the circumstance stated in article 7 of this Ordinance.

Article 6

Entry visas or entry-exit visas may be refused by reason of any of the following;

1.The person applying for visa intentionally makes a false declaration in his or her application for entry into Vietnam;

2.The person applying for the visa has, during a previous stay in Vietnam, committed a serious breach of any of its laws;

3.Considerations of social order and safety, and in order to prevent or fight against an epidemic sickness;

4.Considerations of national security.

Article 7

Foreigners shall not be restricted from leaving Vietnam; however, the exit of any foreigner or the grant of an exit or exit-entry visa may be delayed by reason of any of the following:

1.The foreigner is currently the subject of criminal charges or has an obligation to serve a criminal sentence;

2.The foreigner has an obligation to serve a civil sentence, or to implement a decision of an arbitration body, or a decision dealing with breaches of management, taxation obligations, fees, and other financial obligations in accordance with the provisions of the law of Vietnam, except in cases where bail is paid, or deposits of money or assets are made, or other measures are taken in order to discharge the obligation;

3.Orders for the arrest or decisions for the temporary holding of the foreigner are made by the responsible authorities of Vietnam.

Article 8

1.All provisions on entry into and exit from Vietnam stated in this chapter shall apply to foreigners in transit.

2.Foreigners in transit through Vietnam shall be exempt from visa requirements provided that the length of their stay in the territory of Vietnam is less than seventy-two (72) hours, and the foreigner does not go outside the areas reserved for people in transit.

In circumstances where the travel schedule of a foreigner in transit is changed due to circumstances beyond the foreigner's control, the foreigner in transit shall continue to be exempt from visa requirements and shall stay in the areas reserved for people in transit.

Article 9

Foreigners who enter into Vietnam by way of road shall abide by all provisions on entry into, exit from, and transit through Vietnam stated in this chapter.

CHAPTER III
Residence and Travel

Article 10

1.Within forth-eight (48) hours of entering into Vietnam, a foreigner must register details of his or her residence at an authorized State agency of Vietnam.

The registration of residence shall include registration of the purpose of the visit, the length of stay, and the residential address in Vietnam.

Persons in transit who are exempted from visa requirements are not required to register the details of their residence.

2.Foreigners may not register residences in areas in which foreigners are prohibited to reside.

Permanent foreign residents may register a permanent place of residence at a location within the territory of Vietnam which is appropriate in terms in terms of the purposes of the purposes of entry.

Article 11

1.Upon registration of a permanent place of residence, a permanent foreign resident shall be issued with a certificate of permanent residency. A certificate for permanent residency shall be revoked if a permanent resident decides to settle in another country or is deported; in the event of a change to the registered place of residence, the occupation, or any other matters which are stated in the certificate of permanent residency, the foreign resident must register any amendments, or additions to the certificate of permanent residency with an authorized State agency of Vietnam.

2.Upon registration of a temporary place of residence, a temporary foreign resident shall be issued with a certificate of temporary residency. A certificate of temporary residency shall be valid for a period not exceeding one year as of the date of issue, and may be extended for periods not exceeding twelve (12) months at a time, in accordance with the purposes of the temporary residency; in the event that the temporary foreign resident wishes to change the registered purpose of his or her temporary residency, he or she must register the amendments with an authorized state agency of Vietnam.

A certificate of temporary residency may be terminated in the event that the purpose for which the temporary resident is staying in Vietnam is no longer in accordance with the registered purpose for temporary residency, or the temporary resident comes within one of the circumstances stated in article 14 of this Ordinance.

Where a certificate of temporary residency expires and no extension is granted, or has been terminated, the foreigner must leave Vietnam; if the foreigner does not leave voluntarily, then he or she shall be compelled to leave.

Article 12

1.In cases where foreigners wish to enter areas in which foreigners are prohibited form residing or traveling, they may do so provided that they obtain a permit from an authorized State agency of Vietnam.

2.With the exception of the circumstances stated in clause 1 of this article, the provisions on the travel of foreigners in Vietnam are as follows;

(a)Permanent foreign residents are not required to obtain travel permits;

(b)Temporary foreign residents who travel within the border of the province or city under central authority where their temporary place of residence is registered and of other regions in which travel is required for the registered purpose of the temporary residency, shall not be required to obtain a travel permit; in the event of travel to regions outside the borders stated above, the foreigner must obtain a permit from an authorized State agency of Vietnam.

3.In the event that, during his or her travel, the foreigner has to stay overnight at a location other than his or her registered place of residence, he or she must inform the authorities of the temporary stopover in accordance with the provisions of the law.

Article 13

The Council of Ministers shall stipulate the procedure for the registration of places of residence; the procedures for the issuing of, amendment of, addition to, and termination of certificates of permanent residency; the procedures for the issuing of, extension of, amendment of, addition to, and termination of certificate of temporary residency, and travel permits for foreigners; and provisions in relation to the areas in which foreigners are prohibited from residing or traveling, and in relation to the residency and travel of foreigners entering into Vietnam by way of road.

CHAPTER IV
Deportation

Article 14

Any foreigner may be deported from Vietnam by reason of any of the following;

1.The activities of the foreigner endanger national security;

2.The foreigner has been sentenced by a court in Vietnam on a criminal charge and has completed the sentence, or is pardoned from having to serve the sentence;

3.The foreigner is a physical threat to the lives and health of other people in Vietnam.

Article 15

1.The foreigner shall be deported upon the issuing of a deportation order from the Minister of the Interior. The deportation order shall state clearly the name, the occupation, and the nationality of the deported person; the reasons for deportation; the time period in which the deported person must leave Vietnam; and the steps taken to allow for explanation (if any).

2.The deportation of foreigners who have been given preferential treatment, or diplomatic and consular immunity, shall be resolved through diplomacy.

Article 16

A deportee must leave Vietnam within the time period stated in the deportation order.

In the event that a deportee does not voluntarily abide by the deportation order, the head of the central administrative agency for exit and entry, or the director of the public security office of the provinces and cities under central authority shall have the power to detain the person temporarily in order that other measures can be taken to carry out the deportation.

CHAPTER V
State Management of Entry, Exit Residence, and Travel of Foreigners in Vietnam

Article 17

1.State management of the entry, exit, residence, and travel of foreigners in Vietnam shall include:

(a)Promulgation of legislation in relation to entry, exit, transit, access by road, residence, and travel in Vietnam;

(b)Issuing of permits for entry into, exit from, transition through Vietnam, and travel within the territory of Vietnam; issuing, extension, amendment, and termination of all visas in Vietnam;

(c)Management of residency;

(d)Dealing with breaches of the law relating to entry, exit, transit, access by road, residence, travel, and other activities in Vietnam;

(e)Provision of State statistics on entry, exit, transit, road access and residence;

(f)International co-operation in relation to entry, exit, transit, access by road, residence, and travel of foreigners.

2.The Council of Ministers shall provide for the uniform State administration of the entry, exit, residence, and travel of foreigners in Vietnam; it shall provide for a system of management agencies for control of entry/exit at central and local level in order to ensure that duties and powers are being exercised in accordance with the provisions of this Ordinance: it shall promulgate regulations in order to co-ordinate the Ministry of Interior, the Ministry of Foreign Affairs, and other bodies concerned in relation to the management of entry, exit, transit, access by road, residence, travel, and activities of foreigners in Vietnam.

Article 18

1.The task of issuing permits to foreigners for entry into, exit from, and transit through Vietnam; and managing reports of temporary residency, shall be carried out by the management agencies for control of entry/exit.

2.The task of issuing, extending, amending, adding to, or terminating all types of visas in Vietnam; of issuing, amending, adding to, or terminating certificates of permanent residency; of issuing, extending, amending, adding to, or terminating certificates of temporary residency; and of issuing travel permits in relation to foreigners other than those who are entitled to preferential treatment, or diplomatic or consular immunity, shall be carried out by the management agencies for control of entry/exit.

The task of issuing visas at ports of entry into Vietnam, in accordance with the provisions in clause 2 of article 3 of this Ordinance, shall be carried out by the commander of the public security office located at the port of entry.

3.The task of issuing, extending, amending, adding to, and terminating all types of visas in Vietnam; and of registering residency and issuing travel permits, in relation to foreigners who are entitled to preferential treatment, or diplomatic or consular immunity, shall be carried out by the Ministry of Foreign Affairs.

4.The task of issuing entry, entry-exit and transit visas of Vietnam; of extending, amending, adding to, and terminating all types of visas, in foreign countries, shall be carried out by the Vietnamese foreign affairs representative offices or consulates in foreign countries.

5.The task of delaying the exit of, and enforcing the departure of foreigners from Vietnam shall be carried out by the heads of the management agencies for the control of entry/exit at central level.

The task of penalizing administrative breaches in relation to entry, exit, residence, and travel of foreigners in Vietnam, in accordance with the provisions of the law on penalizing administrative breaches, shall be carried out by the heads of the management agencies for the control of entry/exit.

Article 19

1.The State bodies authorized in relation to the entry, exit, residence, and travel of foreigners in Vietnam, shall, while carrying out their respective duties and powers, be responsible to co-ordinate closely with the other State bodies concerned, social organizations, economic entities, and Vietnamese citizens.

2.Local authorities at all level, other State bodies, social organizations, economic entities, and every citizen shall be responsible to co-operate and assist authorized State agencies for entry, exit, residence, and travel of foreigners in Vietnam to carry out fully their duties and powers.

CHAPTER VI
Dealing with breaches

Article 20

1.Vietnamese organizations and foreign organizations in Vietnam which commit breaches of the provisions on entry, exit, transit, access by road, residence, travel, and activities of foreigners in Vietnam, shall be dealt with administratively, in accordance with the provisions of the law on penalizing administrative breaches.

Any person who dishonestly falsifies documents in order to enter into or exit from Vietnam; or who resides or travels in Vietnam without a permit, or breaches any other provision of the law of Vietnam relating to entry, exit, transit, access by road, residence, and travel in Vietnam shall, depending on the extent of the breach, be dealt with administratively, or arrested for criminal responsibility, and, if the person causes damage he or she must pay compensation.

2.Any person who abuses his position and power for his own interests or other personal motive, and thereby breaches the provisions on issuing, extending, amending, adding to, and terminating visas, certificates of permanent and temporary residency, travel permits, or any other provisions of this Ordinance shall, depending on the extent of the breach, be disciplined, be penalized administratively, or be arrested for criminal liability in accordance with the provisions of the law; and if the person causes any damage, he or she must pay compensation.

CHAPTER VII
Final Provisions

Article 21

The Council of Ministers shall prescribe the fees for issuing, extending, amending, and adding to, visas, certificates of permanent and temporary residency, and travel permits.

Article 22

This Ordinance shall be of full force and effect as of 1 May, 1992. All previous provisions which are inconsistent with the provisions of this Ordinance are hereby repealed.

Article 23

The Council of Ministers shall make detailed regulations on the implementation of this Ordinance.