Joint Circular No. 03/2016/TTLT-BCA-BQP dated June 24, 2016 of the Ministry of Public Security and the Ministry of National Defense guiding the entry, exit and residence of foreigners and inspection, control and supervision of foreign goods-carrying vehicles and craft entering and leaving border-gate economic zones and seaports of economic zones

JOINT CIRCULAR

Guiding the entry, exit and residence of foreigners and inspection, control and supervision of foreign goods-carrying vehicles and craft entering and leaving border-gate economic zones and seaports of economic zones[1]

Pursuant to the June 16, 2014 Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam;

Pursuant to the Government’s Decree No. 29/2008/ND-CP of March 14, 2008, on industrial parks, export-processing zones and economic zones; and Decree No. 164/2013/ND-CP of November 12, 2013, amending and supplementing a number of articles of Decree No. 29/2008/ND-CP of March 14, 2008, on industrial parks, export-processing zones and economic zones ;

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

Pursuant to the Government’s Decree No. 35/2013/ND-CP of April 22, 2013, defining the functions, tasks, powers and organizational structure of the Ministry of National Defense;

The Minister of Public Security and the Minister of National Defense   promulgate the Joint Circular guiding the entry, exit and residence of foreigners and inspection, control and supervision of foreign goods-carrying vehicles and craft entering and leaving border-gate  economic zones and seaports of economic zones as follows:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular guides the inspection and control of the entry, exit and management of residence of foreigners, grant of visas and travel permits for foreigners in border-gate economic zones; and inspection, control and supervision of foreign goods-carrying vehicles and craft entering and leaving border economic zones and seaports of economic zones.

Article 2. Subjects of application

1. This Circular applies to foreigners entering, leaving and residing in border-gate economic zones; foreign goods-carrying vehicles and craft entering and leaving border economic zones and seaports of economic zones; and related agencies, organizations and persons.

2. This Circular does not apply to foreigners entering border-gate economic zones with visas granted by a competent Vietnamese agency or without visa under Vietnam’s unilateral visa exemption policy; and foreigners on entry without visa under treaties to which Vietnam is a contracting party.

Article 3. Conditions for entry into and exit from border-gate economic zones

1. A foreigner entering a border-gate economic zone must possess one of the following papers:

a/ Passport or international travel paper which remains valid for at least 6 months;

b/ Valid border laissez-passer and other valid papers as prescribed by law in accordance with treaties between Vietnam and neighboring countries, which remain valid for at least 45 days.

2. Foreigners who do not fall into the case of “not yet being allowed for entry” or “being suspended from exit” prescribed in Articles 21 and 28 of the Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam.

Article 4. Principles of entry, exit and residence in border-gate economic zones

1. A foreigner entering a border-gate economic zone may temporarily reside there for 15 days at most.

2. A foreigner may temporarily reside at a lodging establishment in a border-gate economic zone except border land and marine areas where activities are prohibited or suspended.

3. Chinese citizens using ordinary e-passports shall comply with the Ministry of Public Security’s separate guidance.

4. A foreigner entering a border-gate economic zone shall have his/her paper stamped with the mark of that zone (according to form No. 01/KC promulgated together with this Circular).

5. When a foreigner who holds a passport or an internationally valid travel paper, is a subject regulated by this Circular, and is residing in a border-gate economic zone wishes to travel to other parts of Vietnam, he/she shall seek guarantee from a Vietnamese international travel enterprise and, through such enterprise, carry out visa application procedures with the Ministry of Public Security’s immigration management agency.

6. When a foreigner who enters Vietnam with a border laissez-passer or another paper prescribed in Clause 1 of Article 3 wishes to travel from the border-gate economic zone to other areas in the same province, he/she shall seek guarantee from a Vietnamese international travel enterprise and, through such enterprise, carry out procedures with the Ministry of Public Security’s immigration management agency for grant of a travel permit (according to form No. 03/GP promulgated together with this Circular), and may not travel to other localities in Vietnam.

Chapter II

INSPECTION AND CONTROL OF FOREIGNERS ON ENTRY AND EXIT AND MANAGEMENT OF RESIDENCE IN BORDER-GATE ECONOMIC ZONES

Article 5. Inspection and control of foreigners entering border-gate economic zones

1. The immigration control unit of a border gate shall permit the entry of a foreigner after inspecting the validity and lawfulness of his/her passport or paper prescribed in Clause 1, Article 3 of this Circular; comparing such person with his/her photo and verifying that he/she does not fall into the case of “not yet being allowed for entry” prescribed Clause 2, Article 3 of this Circular.

In case the foreigner fails to satisfy the conditions prescribed in Clause 2, Article 3 of this Circular, the immigration control unit shall make a record thereof, not permit his/her entry and carry out the requests stated in the written registration of “not yet being allowed for entry” (if any).

2. The immigration control unit of a border gate shall stamp an entry mark, grant a 15-day temporary residence certificate and stamp the mark of “border-gate economic zone …” on the passport, international travel paper or border laissez-passer. Chinese citizens using ordinary e-passports shall comply with the Ministry of Public Security’s separate guidance.

Article 6. Inspection and control of foreigners leaving border-gate economic zones

1. The immigration control unit of a border gate shall settle the exit of a foreigner after inspecting the validity and lawfulness of his/her passport or paper prescribed in Clause 1, Article 3 of this Circular; comparing such person with his/her photo and verifying that he/she does not fall into the case of “being suspended from exit” prescribed Clause 2, Article 3 of this Circular.

In case the foreigner fails to satisfy the conditions prescribed in Clause 2, Article 3 of this Circular, the immigration control unit shall make a record thereof, not permit his/her exit and carry out the requests stated in the written registration of “being suspended from exit” (if any). In case the foreigner’s temporary residence period has expired, it shall make a record thereof, handle the administrative violation and permit his/her exit.

2. The immigration control unit of a border gate shall stamp an exit mark on the passport, international travel paper or border laissez-passer. Chinese citizens using ordinary e-passports shall comply with the Ministry of Public Security’s separate guidance.

Article 7. Declaration of foreigners’ temporary residence in border-gate economic zones

1. A lodging establishment in a border-gate economic zone shall declare the temporary residence of a foreigner within 12 hours after this person checks in.

2. The public security agencies of communes, wards or townships in border-gate economic zones and public security stations of border-gate economic zones shall receive lodging establishments’ declarations of foreigners’ temporary residence and forward them to immigration management stations in border-gate economic zones within the day. Immigration management stations shall input data on foreigners’ temporary residence in border-gate economic zones and promptly transmit such data to immigration management divisions of provincial-level public security agencies, and notify such to border guard stations of localities where lodging establishments are located. Immigration management divisions of provincial-level public security agencies shall transmit temporary residence information to the Immigration Management Department.

Article 8. Input and transmission of information on entry and exit of foreigners in border-gate economic zones

1. The immigration control unit of a border gate shall input information on entry and exit of foreigners and transmit it to the Border Gate Department of the Border Guard High Command.

2. After receiving information on entry and exit from an immigration control unit, the Border Gate Department (the Border Guard High Command) shall transmit it to the Border-Gate Security Agency (the General Department of Security) for state management and statistical work of entry and exit.

Chapter III

ORDER AND PROCEDURES FOR GRANT OF VISA AND TRAVEL PERMITS TO FOREIGNERS IN BORDER-GATE ECONOMIC ZONES

Article 9. Procedures for visa grant to foreigners traveling to other parts in Vietnam

When a foreigner, after entering a border-gate economic zone, wishes to travel to other parts of Vietnam, he/she shall, through a Vietnamese international travel enterprise, carry out visa application procedures at the immigration management division of the public security agency of the province where the border-gate economic zone is located.

1. A visa application dossier must comprise:

a/ One application form made according to form NA5 promulgated together with the Public Security Ministry’s Circular No. 04/2015/TT-BCA of January 5, 2015, on forms related to entry, exit and residence of foreigners in Vietnam.

b/ Passport or international travel paper.

2. Settlement of visa grant:

a/ After receiving a visa application dossier, the immigration management division shall immediately report it to the Immigration Management Department (via fax or transmission line) for consideration of visa grant.

b/ Within 1 working day, the Immigration Management Department shall consider the dossier and reply the immigration management division (via fax or transmission line) for grant of visa. Chinese citizens using ordinary e-passports shall comply with the Ministry of Public Security’s separate guidance.

Article 10. Procedures for grant of travel permits for foreigners entering Vietnam with border laissez-passers and other papers prescribed in Clause 1, Article 3 of this Circular for travel to other places in provinces having border-gate economic zones

1. When a Chinese or Cambodian citizen entering Vietnam with a border laissez-passer or another paper prescribed at Point b, Clause 1, Article 3 of this Circular wishes to travel to other places in the same province having the border-gate economic zone, he/she shall, through a Vietnamese international travel enterprise, carry out travel permit application procedures at the immigration management station in the border-gate economic zone. The validity duration of a permit for travel to other places in the province must accord with the travel agenda organized by the international travel enterprise and must not exceed 15 days and may not be extended.

a/ A travel permit application dossier must comprise:

- A written request for grant of a travel permit, made according to form No. 02/CV promulgated together with this Circular.

- Border laissez-passer and the papers prescribed at Point b, Clause 1, Article 3 of this Circular.

b/ Settlement of permit grant:

- After receiving a written request, an immigration management station shall immediately report it to the immigration management division (via fax or transmission line) for consideration and grant of a permit.

- Within 1 (one) working day, the immigration management division shall consider the request and reply to the immigration management station for grant of a travel permit. The fee for grant of a permit for travel to other places in the same province shall be collected in accordance with the law on charges and fees.

2. Lao citizens entering Vietnam with border laissez-passers shall comply with the Public Security Ministry’s Circular No. 41/2011/TT-BCA of June 29, 2011, guiding the grant of border laissez-passers to Vietnamese citizens on entry to Laos and grant of permits for travel to provinces and cities of Vietnam to Lao citizens.

Chapter IV

INSPECTION, CONTROL AND SUPERVISION OF FOREIGN DRIVERS OR OPERATORS AND FOREIGN GOODS-CARRYING VEHICLES OF CRAFT ENTERING AND LEAVING BORDER-GATE ECONOMIC ZONES AND SEAPORTS OF ECONOMIC ZONES

Article 11. Inspection, control and supervision of foreign drivers or operators and foreign goods-carrying vehicles or craft in border-gate economic zones

1. Upon entry or exit through a land border gate, a foreign goods-carrying vehicle and its driver must have the following papers:

a/ For the vehicle:

- Vehicle registration certificate;

- Papers on goods-related formalities (for goods-carrying vehicles);

- Certificate of insurance for civil liability of vehicle owner;

- Traffic permit;

- Permit for carrying passengers and goods (if any);

- Certificate of technical safety and environmental protection;

- Other papers as prescribed by Vietnamese law or treaties to which Vietnam is a contracting party.

b/ For the driver:

- Passport, international travel paper or border laissez-passer.

- Driving license.

c/ A driver prescribed at Point b, Clause 1 of this Article is entitled to visa exemption. The immigration control unit of a border gate shall conduct examination and comparison and permit entry and grant a temporary residence certificate suitable to the entry purpose if the driver satisfies all the conditions prescribed in Article 3 of this Circular. The entry settlement must comply with Article 5, and the exit settlement must comply with Article 6, of this Circular.

2. Procedures for entry and exit of a waterway goods-carrying craft of a country bordering on Vietnam that delivers or receives goods at a seaport or river port of a border-gate economic zone and its operator may be carried out in border areas. When carrying out procedures, the following papers shall be submitted and produced:

a/ Papers to be submitted (1 original):

- General declaration;

- List of crew members;

- List of passengers (if any);

- Declaration of dangerous goods, weapons and explosives (if any);

- Declaration of stowaways (if any).

b/ Papers to be produced (1 original):

- Ship registration certificate or ship register;

 - Permit for use of radio frequency and radio transceiver;

- Certificate of technical safety;

- Papers related to goods carried on the craft;

- Passport, crew member passport, crew member register or border laissez-passer issued by a competent agency of the country of citizenship of that person.

3. A vehicle or craft prescribed in Clause 1 or 2 of this Article that needs to transport or deliver or receive goods at places outside a border-gate economic zone must comply with current regulations.

4. The inspection, control and supervision of foreigners and foreign goods-carrying vehicles or craft from the inland entering and leaving border-gate economic zones must comply with the Government’s Decree No. 34/2014/ND-CP of April 29, 2014, on the Regulation on land border areas of the Socialist Republic of Vietnam, and Decree No. 50/2008/ND-CP of April 21, 2008, on management and protection of security and order in seaport border gates.

Chapter V

RESPONSIBILITIES OF SPECIALIZED AGENCIES FOR INSPECTION, CONTROL AND SUPERVISION OF FOREIGNERS AND FOREIGN GOODS-CARRYING VEHICLES AND CRAFT ENTERING AND LEAVING BORDER-GATE ECONOMIC ZONES AND SEAPORTS OF ECONOMIC ZONES

Article 12. Responsibilities of specialized agencies of the Ministry of Public Security

1. The General Department of Security (the Border-Gate Security Agency)

a/ To coordinate with the Border Guard High Command (the Border Gate Department) in guiding the border guards of provinces having border-gate economic zones in inspecting and controlling the entry and exit of foreigners and foreign vehicles and craft and handling foreigners violating regulations on entry and exit at border gates;

b/ To guide public security agencies of provinces and centrally run cities in coordinating with the border guards of provinces having border-gate economic zones in handling foreigners violating the law on entry and exit when the handling competence goes beyond the border guards’ power.

2. The General Department of Security (the Immigration Management Department)

a/ To notify forms of passports and international travel papers; border laissez-passers and other valid papers as prescribed by law in accordance with treaties between Vietnam and neighboring countries.

b/ To consider visa grant for reply to public security agencies of provinces having border-gate economic zones for grant of visa to foreigners at the request of international travel enterprises;

c/ To guide public security agencies of provinces and centrally run cities in granting visas and permits for travel to other places of provinces and in handling foreigners violating the law on entry, exit and residence in border-gate economic zones.

3. Public security agencies of provinces having border-gate economic zones:

a/ To grant visas to foreigners wishing to travel to other parts of Vietnam; to grant travel permits to foreigners wishing to travel to other places in provinces having border-gate economic zones;

b/ To organize the management of temporary residence, inspect and handle foreigners’ violations of the law on entry and exit in border-gate economic zones;

c/ To advise and propose the establishment of immigration management stations in border-gate economic zones.

4. Public security agencies of provinces and centrally run cities shall manage the residence of foreigners and inspect and handle foreigners violating the law on entry and exit.

Article 13. Responsibilities of specialized agencies of the Ministry of National Defense

1. The Border Guard High Command (the Border Gate Department)

a/ To direct and guide the border guards of provinces having border-gate economic zones in organizing, arranging and employing forces and vehicles for inspection and control of entry and exit and supervision of foreigners and foreign vehicles and craft entering, leaving and operating in border-gate economic zones and seaport border gates of economic zones. To assume the prime responsibility for, and coordinate with the General Department of Security (the Border-Gate Security Agency and the Immigration Management Department) in, guiding the inspection and control of the entry and exit and supervision of foreign vehicles and craft and goods entering and leaving border-gate economic zones and seaports of economic zones; to handle foreigners violating the law on entry, exit and residence in border gates;

b/ To direct immigration control units in daily transmitting data on foreigners on entry and exit and data on the handling of foreigners’ violations of the law on entry and exit in border gates to the Border-Gate Department, the Border Guard High Command, for transfer to the Border-Gate Security Agency, the General Department of Security.

2. The Border Guard Commands of the provinces having border-gate economic zones shall direct immigration control units in:

a/ Inspecting and controlling foreigners and foreign goods-carrying vehicles and craft entering and leaving border gates;

b/ Managing and supervising foreign ships, boats and crew members operating during the time of mooring in seaports of economic zones in accordance with law;

c/ Handling foreigners’ violations of the law on entry and exit in border gates.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 14. Effect

This Circular takes effect 45 days after the date of its signing.

Article 15. Organization of implementation

1. The General Department of Security (the Ministry of Public Security) and the Border Guard High Command (the Ministry of National Defense) shall direct and examine the implementation of this Circular according to their respective functions, tasks and powers.

2. The Border-Gate Security Agency and the Immigration Management Department (the General Department of Security), the Border-Gate Department (the Border Guard High Command), and directors of public security agencies and commanders of the border guards of provinces and centrally run cities shall implement this Circular.

In the course of implementation, public security agencies and border guard commands of provinces and centrally run cities should report any arising problems to the General Department of Security (the Border-Gate Security Agency) or the Border Guard High Command (the Border-Gate Department) for timely guidance.-

For the Minister of National Defense
Deputy Minister
Lieutenant General PHAN VAN GIANG

For the Minister of Public Security
Deputy Minister
Senior Lieutenant General BUI VAN NAM

* All the forms promulgated together with this Circular are not translated.