Nghị định 82/2015/ND-CP

DECREE

VISA EXEMPTION FOR VIETNAMESE PEOPLE RESIDING OVERSEAS AND FOREIGNERS WHO ARE SPOUSES, CHILDREN OF VIETNAMESE PEOPLE RESIDING OVERSEAS OR OF VIETNAMESE CITIZENS

Pursuant to the Law on Government organization dated December 25, 2001;

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

At the request of the Minister of Public Security,

The Government promulgates a Decree on visa exemption for Vietnamese people residing overseas and foreigners who are spouses, children of Vietnamese people residing overseas or of Vietnamese citizens.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree specifies conditions for visa exemption, procedures for issuance of certificates of visa exemption prescribed in Clause 5 Article 12 of the Law on Immigration and residence of foreigners in Vietnam.

Article 2. Regulated entities

1. Vietnamese people residing overseas and foreigners who are spouses, children of Vietnamese people residing overseas or of Vietnamese citizens.

2. Relevant organizations and individuals.

Article 3. Conditions for visa exemption

To be granted a certificate of visa exemption, a person must:

1. Has a passport or another international travel document that is still valid for at least one more year.

2. Has documents proving that he/she is a person eligible for visa exemption as prescribed in Clause 1 Article 2 of this Decree.

3. Not banned or suspended from entry or exit as prescribed in Article 21 and Article 28 of the Law on Immigration and residence of foreigners in Vietnam.

Article 4. Duration, value, and format of certificate of visa exemption

1. The maximum duration of a certificate of visa exemption is 05 years and must be at least 6 months shorter than that of the holder’s passport or international travel document.

2. Certificates of visa exemption are issued to people who enter Vietnam to handle their personal affairs.

3. The certificate of visa exemption is issued in the passport. A detached certificate shall be issued if:

a) All pages of the passport for granting visa are used;

b) The passport is issued in a country who has not established a diplomatic relation with Vietnam;

c) Another international travel document is used instead of a passport;

d) A detached certificate is requested by the applicant;

dd) A detached certificate is needed for diplomacy, national defense and security purposes.

4. Each person shall be granted a separate certificate of visa exemption. Any parent and children who share the same passport shall be granted a single certificate of visa exemption.

Article 5. Fees for issuance of certificate of visa exemption

People who are granted/re-granted the certificate of visa exemption must pay fees as prescribed by law.

Chapter II

PROCEDURES FOR ISSUANCE, REISSUANCE, REVOCATION, INVALIDATION OF CERTIFICATE OF VISA EXEMPTION

Article 6. Application for issuance of certificate of visa exemption

Each applicant for the certificate of visa exemption shall submit 01 application which consists of:

1. The passport or another international travel document, or a permanent residence permit issued by an authority of the foreign country to the Vietnamese person residing therein.

2. An application form for issuance/reissuance of the certificate of visa exemption enclosed with 02 pictures (01 picture fixed on the application form).

3. Documents proving eligibility for visa exemption:

a) The applicant who is a Vietnamese person residing overseas shall submit a certified true copy (or a copy enclosed with the original for comparison) of one of the following documents: birth certificate, decision to permit renouncement of Vietnamese nationality or certification of loss of Vietnamese nationality, other documents showing/proving the person’s Vietnamese nationality;

b) The applicant who is a foreigner shall submit certified true copies (or copies enclosed with the originals for comparison) proving that he/she is a spouse or child of a Vietnamese citizen or a Vietnamese person residing overseas;

c) In case there are no papers proving that the applicant is a Vietnamese person residing overseas, the overseas visa-issuing authority of Vietnam shall examine the applicant’s documents which show that he/she is of Vietnamese descent to decide whether to accept the application.

Article 7. Issuance of certificate of visa exemption at overseas visa-issuing authority of Vietnam

1. The applicant for certificate of visa exemption who is residing overseas shall submit the documents prescribed in Article 6 of this Decree to an overseas visa-issuing authority of Vietnam.

2. Within 01 working day from the receipt of satisfactory documents, the overseas visa-issuing authority of Vietnam shall send a list of applicants for the certificate of visa exemption to Immigration Administration.

3. Immigration Administration shall response the overseas visa-issuing authority of Vietnam within 03 working days.

4. Within 01 working day from the receipt of the response from Immigration Administration, the overseas visa-issuing authority of Vietnam shall issue the certificate of visa exemption.

Article 8. Issuance of certificate of visa exemption at Immigration Administration

1. Each person who is temporarily residing in Vietnam and wishes to obtain a certificate of visa exemption shall submit the documents prescribed in Article 6 of this Decree to Immigration Administration.

2. Within 05 working days from the receipt of satisfactory documents, Immigration Administration shall consider issuing the certificate of visa exemption.

Article 9. Procedures for reissuance of certificate of visa exemption

1. Every person whose certificate of visa exemption is lost, damaged, expired, or wises to adjust information on the certificate of visa exemption shall have it reissued.

2. An application for reissuance of the certificate of visa exemption consists of:

a) The passport or another international travel document, or a permanent residence permit issued by an authority of the foreign country to the Vietnamese person residing therein;

b) An application form for issuance/reissuance of the certificate of visa exemption enclosed with 02 pictures (01 picture fixed on the application form);

c) The certificate of visa exemption (or notice of loss of certificate of visa exemption);

d) Certified true copies (or copies enclosed with the originals for comparison) of documents proving adjustment of information on the certificate of visa exemption.

3. The applicant who is residing overseas shall submit 01 application for reissuance of the certificate of visa exemption to an overseas visa-issuing authority of Vietnam. The overseas visa-issuing authority of Vietnam shall consider the application in accordance with Clauses 2, 3, 4 Article 7 of this Decree.

4. The applicant who is temporarily residing in Vietnam shall submit 01 application to Immigration Administration. Immigration Administration shall consider the application in accordance with Clauses 2 Article 8 of this Decree. In case of reissuance of a detached certificate of visa exemption, Immigration Administration shall issue a temporary residence permit with the same duration as the certificate of temporary residence issued at the checkpoint.

Article 10. Issuance of certificate of temporary residence

1. Each person who enters Vietnam using certificates of visa exemption shall be granted a certificate of temporary residence that is effective for 6 months for each entry; if the remaining duration of the certificate of visa exemption is shorter than 06 months, the duration of the certificate of temporary residence shall be the same as that of the certificate of visa exemption.

2. If the person who enters Vietnam using a certificate of visa exemption wishes to stay for more than 06 months, receives a guarantee from an organization or individual in Vietnam, and is able to provide acceptable explanation shall be granted an extension of temporary residence duration for up to 06 more months.

Article 11. Extension of temporary residence duration

1. Each applicant for extension of temporary residence duration shall submit an application to Immigration Administration or Immigration Department of provincial police authority, which consists of:

a) The passport or another international travel document, or a permanent residence permit issued by an authority of the foreign country to the Vietnamese person residing therein;

b) An application form for extension of temporary residence duration;

c) The certificate of visa exemption.

2. Within 05 working days from the receipt of satisfactory documents, Immigration Administration or Immigration Department of provincial police authority shall consider granting extension of temporary residence duration.

Article 12. Revocation and invalidation of certificate of visa exemption

1. A certificate of visa exemption shall be revoked and invalidated if its holder is not eligible as prescribed in Clause 1 Article 2 of this Decree, or does not satisfy the conditions in Article 6, Article 21, and Article 28 of the Law on Immigration and residence of foreigners in Vietnam.

2. The power to revoke and invalidate certificate of visa exemption

a) The overseas visa-issuing authorities of Vietnam have the power to revoke and invalidate certificates of visa exemption of overseas people;

b) Immigration Administration and Immigration Departments of provincial police authorities have the power to revoke and invalidate certificates of visa exemption of people temporarily residing in Vietnam;

c) Immigration units have the power to revoke and invalidate certificates of visa exemption at checkpoints.

3. Procedures for revocation and invalidation of certificate of visa exemption

a) The agencies mentioned in Clause 2 of this Article shall issue a record, append the invalidation seal on the certificate of visa exemption in the passport or revoke the detached certificate of visa exemption;

b) Any overseas visa-issuing authority of Vietnam that is not able to revoke, invalidate the certificate of visa exemption shall send a document to Immigration Administration in order to request an immigration unit to do it, and notify the person whose certificate of visa exemption is revoked and invalidated of the reasons.

4. The person whose certificate of visa exemption is revoked and invalidated shall not have the fees refunded.

Chapter III

IMPLEMENTATION

Article 13. Transition clauses

1. Unexpired certificates of visa exemption issued before the effective date of this Decree may be used until their expiration.

2. People who enter Vietnam using certificates of visa exemption issued before the effective date of this Decree and wish to obtain an extension of temporary residence duration to handle personal affairs may be granted an extension of up to 90 days.

3. Applications for certificate of visa exemption submitted before the effective date of this Circular shall be processed in accordance with the Prime Minister’s Decision No. 135/2007/QD-TTg dated August 17, 2007 on visa exemption for Vietnamese people residing overseas and the Prime Minister’s Decision No. 10/2012/QD-TTg dated February 10, 2012 on amendments to Decision No. 135/2007/QD-TTg

Article 14. Effect

1. This Decree comes into force from November 15, 2015.

2. The Prime Minister’s Decision No. 135/2007/QD-TTg and Decision No. 10/2012/QD-TTg dated February 10, 2012 on amendments to Decision No. 135/2007/QD-TTg are annulled from the effective date of this Decree.

Article 15. Responsibility for implementation

1. The Ministry of Public Security shall provide guidance, organize the implementation of this Decree, and issue templates of documents related to issuance of certificates of visa exemption.

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