Circular No. 44/2011/TT-BCA dated June 29, 2011 of the Ministry of Public Security guiding the grant of Vietnam travel or tourism permits for in-transit foreigners

THE MINISTRY OF PUBLIC SECURITY

Circular No. 44/2011/TT-BCA of June 29, 2011, guiding the grant of Vietnam travel or tourism permits for in-transit foreigners

Pursuant to the 2000 Ordinance on Entry, Exit and Residence of Foreigners in Vietnam and the Government’s Decree No. 21/2001/ND-CP of May 28, 2001, detailing the Ordinance on Entry, Exit and Residence of Foreigners in Vietnam;

Pursuant to the Government’s Resolution No. 61/NQ-CP of December 17, 2010, on simplification of administrative procedures within functions of the Ministry of Public Security;

Pursuant to the Government’s Decree No. 77/2009/ND-CP of September 15, 2009, defining the functions, tasks, powers and organizational structure of the Ministry of Public Security;

The Ministry of Public Security guides the grant of Vietnam travel or tourism permits for in-transit foreigners as follows:

Article 1. Scope of regulation and subjects of application

This Circular guides procedures for the grant of permits for foreigners in transit via international airports or seaports (below referred to as international bordergates) for travel or tourism in Vietnam within 15 days.

Article 2. Conditions for in-transit foreigners to enter Vietnam for travel or tourism and companies to organize tours in Vietnam for these foreigners

1. In-transit foreigners wishing to enter Vietnam for travel or tourism shall reach agreements with international travel companies on travel programs (the agreement can be reached before or upon their arrival at bordergates).

2. International travel companies wishing to organize tours in Vietnam for in-transit foreigners shall submit dossiers evidencing their legal entity status to the Vietnam Immigration Management Department under Clause 2, Section I of Joint Circular No. 04/2002/TTLT-BCA-BNG of January 29, 2002, of the Ministry of Public Security and the Ministry of Foreign Affairs, guiding the Government’s Decree No. 21/2001/ND-CP of May 28, 2001, detailing the Ordinance on Entry, Exit and Residence of Foreigners in Vietnam.

Article 3. Procedures, place of dossier receipt and time limit for granting Vietnam travel or tourism permits

1. International travel companies shall carry out procedures for granting travel or tourism permits at the Vietnam Immigration Management Department. A dossier comprises:

- A written request for the grant of a travel or tourism permit, made according to a set form enclosed with this Circular (not printed herein);

- A program on travel or tourism in Vietnam.

2. Within one working day after receiving a written request, the Vietnam Immigration Management Department shall issue a written reply, made according to a set form enclosed with this Circular (not printed herein), to international travel companies. In case of refusal, it shall clearly state the reason.

3. Exit and entry control offices at bordergates shall grant Vietnam travel or tourism permits, made according to a set form enclosed with this Circular (not printed herein), to eligible foreigners.

Article 4. Validity duration of Vietnam travel or tourism permits

A Vietnam travel or tourism permit has a validity duration corresponding to the transit time and the Vietnam travel or tourism program, but not exceeding 15 days.

Article 5. Fee for granting Vietnam travel or tourism permits

Grantees of Vietnam travel or tourism permits shall pay a fee under the Ministry of Finance’s regulations.

Article 6. Responsibilities of in-transit passengers eligible for granting Vietnam travel or tourism permits

1. To fill in a declaration for request, made according to a set form enclosed with this Circular (not printed herein); to show passports or transit fare tickets.

2. To observe Vietnamese laws; to strictly implement travel programs registered by the travel companies with the Immigration Management Department and the companies’ guidance, not to combine travel purpose with other purposes.

Article 7. Responsibilities of international travel companies

1. To carry out procedures for granting Vietnam travel or tourism permits according to Clause 1, Article of this Circular.

2. To contact directly border-gate entry and exit control offices to:

- Receive Vietnam travel or tourism permits;

- Receive and organize tours for in-transit passengers according to the registered programs.

3. In case passengers stay overnight during a tour, they shall report these passengers’ stay under regulations on temporary residence of foreigners.

4. To directly transport passengers back to bordergates and complete procedures for their exit upon the conclusion of travel programs.

5. To observe Article 27 of the Government’s Decree No. 21/2001/ND-CP of May 28, 2001, detailing the Ordinance on Entry, Exit and Residence of Foreigners in Vietnam.

Article 8. Responsibilities border-gate entry and exit control offices

1. To carry out entry procedures:

- To examine the legality and validity of in-transit passengers’ passports or transit fare tickets.

- To provide declaration forms for requesting travel or tourism permits and guide passengers in filling in these forms; to grant Vietnam travel or tourism permits according to the list and travel time approved by the Vietnam Immigration Management Department.

- To carry out procedures for entry verification in passports (not to grant temporary residence certificates).

2. To carry out exit procedures:

- To check passengers handed over by international travel companies against the lists of passengers indicated in Vietnam travel or tourism permits.

- To revoke Vietnam travel or tourism permits and make exit verification in passports.

Article 9. Responsibilities of the Vietnam Immigration Management Department

1. To receive and handle international travel companies’ requests in accordance with this Circular.

2. To guide related agencies and organizations and foreigners in implementing this Circular.

3. To assume the prime responsibility for, and coordinate with directors of international airports or seaports in, determining boundaries of transit areas; to put up signboards describing transit areas at international bordergates.

4. To print and manage forms for the grant of Vietnam travel or tourism permits.

5. To make state statistics on in-transit foreigners entering Vietnam for travel or tourism.

Article 10. Handling of violations

Agencies, organizations or individuals violating this Circular shall, depending on the nature and severity of their violations, be handled under Vietnamese law.

Article 11. Effect

1. This Circular takes effect on August 14, 2011, and replaces the Public Security Minister’s Decision No. 1279/2002/QD-BCA of December 19, 2002, promulgating the Regulation on management of in-transit foreigners entering Vietnam for travel or tourism.

2. General directors of general departments, heads of units of the Ministry of Public Security, directors of provincial-level police departments and directors of the Fire Prevention and Fighting Police Department shall implement this Circular.

Any problems arising in the course of implementation should be reported by police offices of units and localities and related agencies and organizations to the Ministry of Public Security (through the Vietnam Immigration Management Department) for timely guidance.-

Minister of Public Security
General LE HONG ANH