Circular No. 31/2015/TT-BCA dated July 06, 2015 of the Ministry of Public Security guiding a number of contents on grant of visas, temporary residence cards, exit and entry permits and permanent residency for foreigners in Vietnam

CIRCULAR

Guiding a number of contents on grant of visas, temporary residence cards, exit and entry permits and permanent residency for foreigners in Vietnam[1]

Pursuant to the June 16, 2014 Law on Foreigners’ Entry into, Exit from, Transit through, and Residence in Vietnam;

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

At the proposal of the General Director of the General Department of Security,

The Minister of Public Security promulgates the Circular guiding a number of contents on grant of visas, temporary residence cards, exit and entry permits and permanent residency for foreigners in Vietnam.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Circular guides a number of contents on grant of visas, temporary residence cards, exit and entry permits and permanent residency for foreigners in Vietnam under the Ministry of Public Security’s competence.

Article 2.Subjects of application

This Circular applies to foreigners entering and residing in Vietnam and related agencies, organizations and individuals.

Chapter II

PROCEDURES AND COMPETENCE FOR PROCESSING APPLICATIONS FOR VISAS, TEMPORARY RESIDENCE CARDS AND PERMANENT RESIDENCY

Article 3.Procedures and competence for processing visa applications

1. An agency, organization or individual that sponsor  a foreigner to visit Vietnam under Clause 1, Article 16 of the Law on Foreigners’ Entry into, Exit from, Transit through, and Residence in Vietnam (below referred to as the Law) shall directly send an application to the Immigration Management Department.

2. A visa application shall be made according to one of the forms issued together with the Ministry of Public Security’s Circular No. 04/2015/TT-BCA of January 5, 2015, providing document forms for entry, exit and residence of foreigners in Vietnam:

a/ Form NA2, for institutional applicants;

b/ Form NA3, for individual applicants.

3. Processing of visa applications:

a/ The Immigration Management Department shall consider and process the application and give a reply to the applicant according to Clause 3, Article 16 of the Law;

b/ For cases of applying for grant of visa upon arrival, the Immigration Management Department shall consider and process applications according to Clause 5, Article 16 of the Law.

Article 4.Procedures and competence for processing applications for temporary residence cards

1. A foreigner eligible for grant of temporary residence cards as prescribed in Clause 2, Article 36 of the Law shall, via the agency, organization or individual having invited or sponsored him/her to the country, carry out procedures at the Immigration Management Department or the immigration office under the provincial-level Public Security Department of the locality where the inviting or sponsoring agency, organization or individual is headquartered or resides.

2. A dossier of application for a temporary residence card must comply with Clause 1, Article 37 of the Law. An application for a temporary residence card prescribed at Point a, Clause 1, Article 37 of the Law shall be made according to one of the forms issued together with the Ministry of Public Security’s Circular No. 04/2015/TT-BCA of January 5, 2015, providing document forms for entry, exit and residence of foreigners in Vietnam:

a/ Form NA6 or NA8, for agencies and organizations;

b/ Form NA7 or NA8, for individuals.

3. Grant of temporary residence cards

Within 5 working days after receiving a complete dossier, the Immigration Management Department or the immigration management office under a provincial-level Public Security Department shall consider granting a temporary residence card.

4. The validity duration of a temporary residence card must comply with the foreigner’s entry purposes as well as the request of the inviting or sponsoring agency, organization or individual. The validity duration of a temporary residence card granted to a foreigner will be between 1 and 5 years but must be at least 30 days shorter than the validity duration his/her passport.

Article 5.Grant ofpermanent residency

1. Procedures and competence for granting permanent residency must comply with Articles 41 and 42 of the Law.

2. The time period a foreigner applying for permanent residency has temporarily resided in Vietnam shall be determined based on:

a/ Entry and exit stamps affixed at border gates showing a total temporary residence period in Vietnam of at least 3 years in the last 4 consecutive years up to the date of submission of the application dossier, for foreigners with a continuous residence period in Vietnam of 3 years or longer as prescribed in Clause 3, Article 40 of the Law;

b/ Papers proving the applicant’s continuous residence in Vietnam since 2000 backward as prescribed at Point b, Clause 1, Article 42 of the Law, which may be any of the following papers: temporary residence certificate; temporary residence registration booklet; written explanation of temporary residence in Vietnam containing the certification of the police office of the commune, ward or township of temporary residence, for stateless persons.

3. Places of dossier receipt:

a/ An applicant falling into the case prescribed in Clause 1 or 2, Article 39 of the Law shall submit his/her dossier at the Immigration Management Department;

b/ An applicant falling into the case prescribed in Clause 3 or 4, Article 39 of the Law shall submit dossiers at the immigration management office under the provincial-level Public Security Department of the locality where he/she wishes to permanently reside.

Chapter III

PROCEDURES FOR GRANT AND RE-GRANT OF EXIT AND ENTRY PERMITS FOR STATELESS PERSONS RESIDING IN VIETNAM

Article 6.Exit and entry permits

1. The document valid for international travel prescribed at Point i, Clause 1, Article 44 of the Law is the exit and entry permit granted by the Immigration Management Department to a stateless person residing in Vietnam who wishes to exit the country (according to Form NC13 issued together with this Circular).

2. The validity duration of an exit and entry permit is 3 years; lost or damaged permits may be considered for re-grant.

Article 7.Procedures for grant and re-grant of exit and entry permits

1. An applicant for grant or re-grant of an exit and entry permit shall submit 1 dossier set to the Immigration Management Department or the immigration management office under the provincial-level Public Security Department of the locality where he/she resides. A dossier must comprise:

a/ An application for grant or re-grant of an exit and entry permit (made according to Form NC14 issued together with this Circular);

b/ A copy of the permanent residence card enclosed with its original for comparison, if the applicant has been granted a permanent residence card;

c/ The applicant’s written explanation on his/her period of temporary residence in Vietnam containing the certification of the police office of the commune, ward or township where he/she resides, for stateless persons not yet granted permanent residency;

d/ The granted exit and entry permit, for cases of applying for re-grant of damaged permits;

dd/ A report on the loss of the permit (the certification of a competent agency of the locality where the permit is lost is not required), for cases of applying for re-grant of lost permits .

2. Grant and re-grant of exit and entry permits:

a/ For cases of submitting dossiers at the Immigration Management Department:

Within 5 working days after receiving a complete dossier, the Immigration Management Department shall consider granting or re-granting the permit.

b/ For cases of submitting application dossiers at immigration management offices under provincial-level Public Security Departments:

Within 3 working days after receiving a complete dossier, the immigration management officer under a provincial-level Public Security Department shall consider and send the dossier to the Immigration Management Department. The Immigration Management Department shall consider granting or re-grating the permit within 2 working days.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 8.Transitional provisions

1. Exit and entry permits which have been granted and remain valid by the effective date of this Circular may be further used until their expiry date.

2. Dossiers of application for visas, temporary residence card; grant or re-grant of exit and entry permits; or grant of permanent residency submitted before the effective date of this Circular and but not yet processed shall be considered and processed according to this Circular.

Article 9.Effect

1. This Circular takes effect on August 20, 2015.

2. This Circular replaces the Minister of Public Security’s Circular No. 45/2011/TT-BCA of June 29, 2011, guiding the grant of exit and entry permits for foreigners permanently residing in Vietnam without passports.

Article 10.Implementation responsibilities

1. The General Department of Security shall assume the prime responsibility for guiding public security units at the Ministry of Public Security and localities and other related units in the implementation of this Circular.

2. General department directors, heads of units attached to the Ministry of Public Security, directors of provincial-level Public Security Departments, and directors of provincial-level Fire Prevention and Fighting Police Departments shall implement this Circular.

Any problems arising in the course of implementation should be reported to the Ministry of Public Security (via the Immigration Management Department - General Department of Security) for timely guidance.-

Minister of Public Security
General TRAN DAI QUANG