DECREE 75/2020/ND-CP

Hanoi, July 1, 2020

DECREE 75/2020/ND-CP

DETAILING SEVERAl ARTICLES OF THE LAW AMENDING AND SUPPLEMENTING SOME ARTICLES OF THE LAW ON ENTRY, EXIT, TRANSIT, AND RESIDENCE OF FOREIGNERS IN VIETNAM

• Under the Law on Government Organization dated June 19, 2015;
• According to the Law on Entry, exit, transit and residence of foreigners in Vietnam dated June 16, 2014,
• According to the November 25, 2019 Law Amending and Supplementing several Articles of the Law on Entry, exit, transit and residence of foreigners in Vietnam;
• At the request of the Minister of Public Security;

The Government promulgates the Decree detailing several articles of the Law amending and supplementing some articles of the Law on entry, exit, transit and residence of foreigners in Vietnam.

Chapter I

GENERAL RULES

Article 1. Scope

This Decree provides for:

1. Foreigners entering border-gate economic zones or coastal economic zones are exempt from visas specified in Clause 3, Article 12 of the Law on Foreigners’ Entry, Exit, Transit, and Residence in Vietnam. and Clause 7, Article 1 of the Law amending and supplementing some articles of the Law on entry, exit, transit and residence of foreigners in Vietnam wishing to go to other locations of Vietnam.

2. The granting of visas to foreigners entering Vietnam under treaties to which Vietnam is a member but does not have a commercial presence or a partner in Vietnam.

3. Forms of grant of temporary residence certificates for foreigners entering Vietnam.

Article 2. Subjects of application

This Decree applies to foreigners entering, leaving, and residing in Vietnam, Vietnamese state management agencies, relevant Vietnamese and foreign agencies, organizations and individuals.

Chapter II

SPECIFIED

Article 3.- Grant of visas to foreigners entering border-gate economic zones or coastal economic zones to other locations in Vietnam

1. Foreigners who enter border-gate economic zones or coastal economic zones under the visa exemption category specified in Clause 3, Article 12 of the Law on Foreigners’ Entry, Exit, Transit, and Residence in Vietnam and Clause 7, Article 1 of the Law amending and supplementing some articles of the Law on entry, exit, transit, and residence of foreigners in Vietnam who wish to travel to other locations in Vietnam through their agencies, organizations and individuals in Vietnam that invite or guarantee to carry out visa application procedures at immigration authorities as prescribed in Article 19 of the Law on entry, exit, transit, and residence of foreigners. in Viet Nam .

2. For citizens of countries whose visas are exempted from Vietnam unilaterally entering border-gate economic zones or coastal economic zones under the visa exemption category specified in Clause 3, Article 12 of the Law on entry, exit, or transit. scene and residence of foreigners in Vietnam and Clause 7, Article 1 of the Law amending and supplementing some articles of the Law on entry, exit, transit, and residence of foreigners in Vietnam wishing to come to Vietnam. Other points of Vietnam are as follows:

• a) In case of having been in temporary residence for less than 15 days, the immigration control unit shall annotate the old temporary residence certificate and grant a new temporary residence certificate within 15 days from the date of entry;
• b) In case of temporary residence for 15 days or more, visa issuance shall be carried out as prescribed in Clause 1 of this Article.

3. For foreigners entering border-gate economic zones or coastal economic zones, they are exempt from visas under treaties to which Vietnam is a contracting party if their temporary residence duration expires and wishes to go to another location. In Vietnam, the granting of visas complies with international treaties.

Article 4.- Grant of visas to foreigners entering Vietnam under treaties to which Vietnam is a member but not having a commercial presence or a partner in Vietnam

1. Foreigners apply for a visa to access the Immigration Portal and do the following:

• a) Fill in information about visa application, upload passport photo and personal page;
• b) Download documents proving that it is the subject of a treaty to which Vietnam is a signatory but does not have a commercial presence or a partner in Vietnam. Documents proving that it must be consularly legalized, unless exempted from consular legalization under the provisions of Vietnamese law or international treaties to which Vietnam is a signatory;
• c) Receive the code of the electronic document from the immigration authority.

2. Within 2 working days from the date of receipt of sufficient information on the visa application, the immigration authority shall transfer the agency assigned by the Government to take charge of the implementation of a treaty.

3. Within 03 working days after receiving a foreigner’s visa application from the immigration authority, the agency assigned by the Government to take charge of the implementation of a treaty shall The responsibility to determine whether a foreigner belongs or is not a subject of a treaty and is done as follows:

• a) In case a foreigner is subject to the provisions of a treaty to which Vietnam is a member and belongs to the state management domains of the host agency, the visa application shall be directly submitted to the agency. Immigration management;
• b) In case the foreigner is subject to the provisions of a treaty to which Vietnam is a signatory but does not fall under the field of state management of the host agency, the visa application request shall be exchanged and transferred. for ministries and ministerial-level agencies to manage the state in that field;
• c) If the foreigner is not subject to the provisions of a treaty to which Vietnam is a member, he / she shall reply to the immigration authority to notify the foreigner.

4. Within 2 working days from the date of receipt of a visa application from a foreigner, the ministries or ministerial-level agencies specified at Point b, Clause 3 of this Article shall directly send the written request for issuance. Visa at immigration authority.

5. Within 03 working days from the date of receipt of the visa application, the immigration authority shall consider, settle and reply to the visa applicant and notify the person. Foreigners apply for a visa at the Immigration Portal.

6. Foreigners applying for visas use electronic dossier codes to check and print the answer results of immigration management agencies to carry out visa receipt procedures as prescribed in Clause 2, Article 17 and Article 17. 18 of the Law on Entry, exit, transit and residence of foreigners in Vietnam.

Article 5. Forms of issuance of temporary residence certificates for foreigners entering Vietnam

1. Immigration control units shall grant temporary residence certificates to foreigners entering by stamping their passports or separate visas, except for the case specified in Clause 2 of this Article.

2. Immigration control units do not grant temporary residence certificates to foreigners entering through automatic control gates.

Chapter III

TERMS ENFORCEMENT

Article 7. Effect of implementation

This Decree comes into force from July 1, 2020.

Article 7. Responsibility for implementation

Ministers, Heads of ministerial agencies, Heads of Governmental agencies, Presidents of the People’s Committees of central-affiliated cities and provinces, and relevant organizations and individuals are responsible for the implementation of this Decree. ./

ON BEHALF OF THE GOVERNMENT OF VIETNAM
PRIME MINISTER

signed & sealed

Nguyen Xuan Phuc

Nghi Dinh 75:2020:ND-CP (Original copy in Vietnamese)