Terraced rice field in Mu Cang Chai, Vietnam

Article 2. Amendments to some Articles of Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam

Article 2. Amendments to some Articles of Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam

  1. Clause 3 Article 7 shall be amended as follows:

“3. Visas can be used once or multiple times; and visas issued under circumstances specified in Point b Clause 2 of this Article can be used once.”.

  1. Clauses 1, 2, 3 and 4 Article 9 shall be amended as follows:

“1. Time limit of SQ visa does not exceed 30 days.

  1. Time limits of HN, DL and EV visas do not exceed 90 days.
  2. Time limit of VR visa does not exceed 180 days.
  3. Time limits of NG1, NG2, NG3, NG4, LV1, LV2, DT4, DN1, DN2, NN1, NN2, NN3, DH, PV1, PV2 and TT visas do not exceed one year.”.
  4. Article 19a shall be amended as follows:

 “Article 19a. Nationals and territories eligible for issuance of electronic visas and international border checkpoints for entry and exit of foreigners on electronic visas

  1. Electronic visas shall be issued in such a way to ensure national defense and security, social order and safety, and conform to Vietnam’s foreign policy and socio-economic development.
  2. The Government shall decide list of nationals and territories eligible for issuance of electronic visas and list of international border checkpoints for entry and exit of foreigners on electronic visas.”.
  3. Point c and point d Clause 1 Article 31 shall be amended as follows:

“c) A national benefitting from unilateral visa-free entry treatment of Vietnam shall be granted temporary residence for 45 days and considered for issuance of visa and extension of temporary residence according to regulations of this Law;

  1. d) A person who does not fall into cases specified in Points a, b and c of this Clause and enters economic zones of border checkpoint areas shall be granted temporary residence for 15 days; a person who enters special administrative – economic zones or coastal economic zones specified in Point 3a Article 12 of this Law shall be granted temporary residence for 30 days.”.
  2. Article 33 shall be amended as follows:

“Article 33. Declaration of temporary residence

  1. Any foreigner that temporarily resides in Vietnam shall, via the person directly managing and operating the operation of the accommodation establishment, declare his/her temporary residence to the police of the commune, ward, and township or at the local police authority/station where the accommodation establishment is located. Accommodation establishments shall be responsible for requesting foreigners to present their passports or international travel documents, and documents related to residence in Vietnam to register temporary residence before admitting them. If the border guard post/station receives the declaration of temporary residence of a foreigner under regulations of an international treaty to which Vietnam is a signatory, the border guard post/station shall immediately notify the police of the commune, ward, township or the police authority/station where the foreigner temporarily resides.
  2. The declaration of temporary residence of foreigners can be sent to the police in either electronic or paper form.

In case of applying for temporary residence in the paper form, the person directly managing and operating the operation of the accommodation establishment shall be responsible for filling in all information about the foreigner on the temporary residence declaration form and sending it to the police of the commune, ward, township or the police authority/station where the accommodation establishment is located within 12 hours (24 hours for remote areas) from the time the foreigner arrives at the accommodation establishment. 

  1. In case where foreigners change their address of temporary residence stated in their permanent residence cards or when there is any change in information in their passports, the declaration of temporary residence must be remade as prescribed in Clause 1 of this Article.”.
  2. Clause 2 Article 34 shall be amended as follows:

“2. Foreigners must not temporarily reside in prohibited areas, areas in border areas on land where activities are suspended; prohibited zones, and restricted areas in border areas at sea.  In case foreigners temporarily reside in accommodation establishments in border areas or townships, district-level towns, cities, tourist service zones, special administrative – economic units and other economic zones related to border areas, they shall declare their temporary residence in accordance with Article 33 of this Law. Agencies receiving declarations of temporary residence from foreigners shall notify the border guard posts/stations where the accommodation establishments are located.”.

  1. Name of Chapter VII shall be amended as follows:

“Chapter VII

RIGHTS AND OBLIGATIONS OF FOREIGNERS; RIGHTS AND RESPONSIBILITIES OF ENTITIES”.

  1. Point dd shall be added after point d, Clause 2 of Article 44 as follows:

“dd) Present their passports or international travel documents, and documents related to residence in Vietnam to accommodation establishments to declare their temporary residence according to regulations.”.

  1. Article 45a shall be added after Article 45 of Chapter VII as follows:

 “Article 45a. Responsibilities of relevant entities

  1. Entities may only employ foreign workers, organize tourism programs for foreigners or allow foreigners to temporarily reside in Vietnam when they lawfully reside in Vietnam.
  2. If entities detect signs of violations against regulations on entry, exit, transit and residence of foreigners in Vietnam, they shall immediately notify the nearest police authorities; if entities detect signs of violations which occur in border areas, they shall immediately notify the nearest police authorities or border guard posts/stations.”.
  3. Clause 11 shall be added after Clause 10 of Article 47 as follows:

“11. Provide guidance on issuance of documents used for entry/exit/residence in Vietnam and declare temporary residence of foreigners by electronic means according to regulations of this Law and the Law on E-transactions.”.