Law 23/2023/QH15 amend Law on Exit and Entry of Vietnamese Citizens, Law on Foreigners’ Entry into, Exit from, Transit through and Residence in Vietnam

LAW

Amending and Supplementing a Number of Articles of the Law on Exit and Entry of Vietnamese Citizens and the Law on Foreigners’ Entry into, Exit from, Transit through, and Residence in Vietnam^[1]

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law Amending and Supplementing a Number of Articles of Law No. 49/2019/QH14 on Exit and Entry of Vietnamese Citizens and Law No. 47/2014/QH13 on Foreigners’ Entry into, Exit from, Transit through, and Residence in Vietnam, which had a number of articles amended and supplemented under Law No. 51/2019/QH14.

Article 1. To amend and supplement a number of articles of the Law on Exit and Entry of Vietnamese Citizens

1. To amend and supplement a number of clauses of Article 6 as follows:

a/ To add Point dd below Point d, Clause 1 as follows:

“dd/ Other papers as prescribed by treaties to which the Socialist Republic of Vietnam is a contracting party.”;

b/ To amend and supplement Clause 3 as follows:

“3. Information shown on an immigration paper includes:

a/ Portrait photo;

b/ Family name, middle name and first name;

c/ Gender;

d/ Place of birth; date of birth;

dd/ Citizenship;

e/ Code and number of the immigration paper; issuing agency; date of issuance; expiry date;

g/ Personal identification number or people’s identity card number;

h/ Position or title, for diplomatic and official passport holders to meet external affairs requirements;

i/ Other information as prescribed by the Government.”.

2. To amend and supplement Clause 11, Article 8 as follows:

“11. Persons who are currently working in the diplomatic sector and have been conferred diplomatic titles or who hold the position of attaché or higher position, and defense attachés and deputy defense attachés at overseas Vietnamese diplomatic missions, permanent missions of inter-governmental international organizations, or overseas Vietnamese consular offices.”.

3. To amend and supplement a number of clauses of Article 15 as follows:

a/ To amend and supplement Clause 2 as follows:

“2. Papers required for the issuance of an ordinary passport in the country include:

a/ Latest ordinary passport that remains valid, for persons already having passports; in case the valid passport is lost, the applicant is required to submit a report on passport loss or a competent agency’s notice of receipt of passport loss report as specified at Point a, Clause 2, Article 28 of this Law;

b/ A copy of birth certificate or duplicate of birth certificate, for under-14 persons not yet having a personal identification number; if such copy or duplicate of birth certificate is unavailable, the applicant is required to submit a photocopy thereof and produce the original for collation;

c/ A copy of paper issued by a competent Vietnamese agency, proving the lawful representative of a person who has lost his/her civil act capacity or of a person who has difficulties in cognizing and controlling his/her acts as specified in the Civil Code or of an under-14 person; if such copy of paper is unavailable, the applicant is required to submit a photocopy thereof and produce the original for collation.”;

b/ To add Clause 9 below Clause 8 as follows:

“9. Ordinary passport application procedures shall be carried out at immigration offices, or online via the National Public Service Portal or the Ministry of Public Security’s Public Service Portal.”.

4. To amend and supplement Clause 1 of, and add Clause 1a below, Clause 1, Article 16 as follows:

 “1. An applicant shall submit a declaration form which is fully filled in with required information, 2 portrait photos and the relevant papers specified in Clause 1a of this Article and produce his/her Vietnamese passport or personal identification paper issued by a competent Vietnamese agency.

If having no Vietnamese passport or personal identification paper issued by a competent Vietnamese agency, the applicant may produce a personal identification paper issued by a foreign authority and a paper proving his/her Vietnamese citizenship or a paper serving as a ground for determining his/her Vietnamese citizenship in accordance with the law on citizenship.

1a. Papers required for overseas issuance of an ordinary passport include:

a/ Latest ordinary passport that remains valid, for persons already having  passports; in case the valid passport is lost, the applicant is required to submit a report on passport loss or a competent agency’s notice of receipt of passport loss report as specified at Point a, Clause 2, Article 28 of this Law;

b/ A copy of people’s identity card or citizen identity card or another relevant paper issued by a competent Vietnamese agency, for persons whose personal information sees a change as compared to the information written in their latest passports;

c/ A copy of birth certificate or duplicate of birth certificate, for under-14 persons; if such copy or duplicate of birth certificate is unavailable, the applicant is required to submit a photocopy thereof and produce the original for collation;

d/ A copy of paper issued by a competent Vietnamese agency or foreign authority, proving the lawful representative of a person who has lost his/her civil act capacity or of a person who has difficulties in cognizing and controlling his/her acts as specified in the Civil Code or of an under-14 person; if such copy of paper is unavailable, the applicant is required to submit a photocopy thereof and produce the original for collation.”;

5. To amend and supplement Clause 2, Article 17 as follows:

“2. Persons who are neither accepted by foreign authorities for residence nor regulated by treaties or international agreements on acceptance of repatriating citizens.”.

6. To amend and supplement Clause 2, Article 18 as follows:

“2. Procedures for issuance of a passport to a person neither accepted by a foreign authority for residence nor regulated by a treaty or an international agreement on acceptance of repatriating citizens are as follows:

a/ An overseas Vietnamese representative mission shall receive the request from the host country’s competent authority, or the passport application from the person who is not accepted by a foreign authority for residence, enclosed with 2 portrait photos, a declaration form which is fully filled in with required information and personal identification papers issued by Vietnamese competent agencies (if any);

b/ For a humanitarian reason or an emergency reason, if having sufficient grounds to determine the applicant’s personal identity and citizenship, the overseas Vietnamese representative mission may consider issuing a passport within 2 working days after receiving the application;

c/ For cases other than those specified at Point b, Clause 2 of this Article, within 2 working days after receiving the request from the host country’s competent authority, or after receiving the passport application of the person who is not accepted by a foreign authority for residence, the overseas Vietnamese representative mission shall send the sheet of information about the applicant, made according to a provided form, to the Vietnam Immigration Department of the Ministry of Public Security. Within 30 days after receiving the request, the Vietnam Immigration Department of the Ministry of Public Security shall verify the information and issue a written reply to the overseas Vietnamese representative mission. Within 2 working days after receiving the reply from the Vietnam Immigration Department of the Ministry of Public Security, the overseas Vietnamese representative mission shall issue a passport to the applicant; in case of refusal to issue a passport, it shall issue a written reply to the applicant, clearly stating the reason;

d/ After issuing the passport, the overseas Vietnamese representative mission shall notify such to the Vietnam Immigration Department of the Ministry of Public Security for coordination in receiving and managing the citizen when he/she returns home.”.

7. To amend and supplement Clause 1, Article 27 as follows:

“1. Invalidation of a lost passport that remains valid, or invalidation of a passport, in case the applicant fails to receive the passport after 12 months from the date appointed by the competent authority without providing a written notice of the reason for his/her failure to receive the passport.”.

8. To amend and supplement Clause 2, Article 28 as follows:

“2. The invalidation of an ordinary passport is as follows:

a/ Within 2 working days after detecting that his/her ordinary passport is lost, the passport holder shall hand-deliver or send a report on passport loss, made according to a provided form, to an immigration office or a district- or commune-level public security office or an overseas Vietnamese representative mission, whichever is convenient for him/her, or a border-gate immigration control office, or on the National Public Service Portal or the Ministry of Public Security’s Public Service Portal. In case of a force majeure event, the time limit for hand-delivery or sending of such report may be extended provided that the force majeure event shall be clearly stated in the report;

b/ Within 1 working day after receiving the report on ordinary passport loss, the competent agency shall send a notice, made according to a provided form, to the Vietnam Immigration Department of the Ministry of Public Security and the passport holder. Within 1 working day after receiving the notice, the Vietnam Immigration Department of the Ministry of Public Security shall invalidate the passport.”.

9. To add Article 28a below Article 28 as follows:

“Article 28a. Invalidation of a passport in case a citizen fails to receive the passport

After 12 months from the date the competent authority appoints a date for handing over the passport, if the applicant fails to receive the passport without providing a written notice of the reason for his/her failure, the passport-issuing agency shall invalidate the passport.”.

10. To amend and supplement Clause 2, Article 32 as follows:

“2. A person who requests restoration of validity of his/her passport shall fill in the request form enclosed with the passport, and hand-deliver it to the Vietnam Immigration Department of the Ministry of Public Security or the immigration office of the provincial-level Department of Public Security, whichever is convenient for him/her, or on the National Public Service Portal or the Ministry of Public Security’s Public Service Portal.”.

11. To amend and supplement Point a, Clause 1, Article 33 as follows:

“a/ Having an immigration paper which remains intact and unexpired;”.

12. To amend and supplement Point b, Clause 1, Article 41 as follows:

“d/ Place of birth; date of birth;”.

13. To amend and supplement a number of clauses of Article 45 as follows:

a/ To amend and supplement Clause 10 as follows:

“10. To enter into international cooperation in the field of exit and entry of Vietnamese citizens; to assume the prime responsibility for, and coordinate with the Ministry of Foreign Affairs and Ministry of National Defense in, proposing the conclusion of treaties and international agreements relating to receipt of Vietnamese citizens who are not accepted by foreign authorities for residence; to coordinate with the Ministry of Foreign Affairs in proposing the conclusion of treaties relating to exit and entry of Vietnamese citizens.”;

b/ To add Clause 13 below Clause 12 as follows:

“13. To assume the prime responsibility for, and coordinate with related ministries and agencies in, guiding the implementation of regulations on exit and entry of Vietnamese citizens in the electronic environment in accordance with this Law and the law on e-transactions.”.

14. To amend and supplement Clause 7, Article 46 as follows:

“7. To assume the prime responsibility for, and coordinate with the Ministry of Public Security and Ministry of National Defense in, proposing the conclusion of treaties relating to exit and entry of Vietnamese citizens; to coordinate with the Ministry of Public Security and Ministry of National Defense in proposing the conclusion of treaties and international agreements relating to receipt of Vietnamese citizens who are not accepted by foreign authorities for residence.”.

15. To amend and supplement Clauses 1 and 2, Article 49 as follows:

“1. To provide the service of authentication of public duty-specialized digital signatures serving the issuance and management of e-passports.

2. To provide related ministries and agencies with guidance on how to use the service of authentication for public duty-specialized digital signatures serving the issuance and management of e-passports.”.

Article 2. To amend and supplement a number of articles of the Law on Foreigners’ Entry into, Exit from, Transit through, and Residence in Vietnam

1. To amend and supplement Clause 3, Article 7 as follows:

“3. Visas may be single-entry or multiple-entry ones; visas issued to the persons specified at Point b, Clause 2 of this Article are single-entry ones.”.

2. To amend and supplement Clauses 1, 2, 3 and 4, Article 9 as follows:

“1. An SQ visa is valid for at most 30 days.

2. An HN, DL or EV visa is valid for at most 90 days.

3. A VR visa is valid for at most 180 days.

4. An NG1, NG2, NG3, NG4, LV1, LV2, ĐT4, DN1, DN2, NN1, NN2, NN3, DH, PV1, PV2 or TT visa is valid for at most 1 year.”.

3. To amend and supplement Article 19a as follows:

“Article 19a. Countries and territories of which citizens are eligible for issuance of e-visas and international border gates through which foreigners are allowed to enter or leave the country with e-visas

1. E-visas shall be issued on the basis of ensuring national defense, national security and social order and safety in compliance with Vietnam’s foreign policies and socio-economic development policies.

2. The Government shall decide on the list of countries and territories of which citizens are eligible for issuance of e-visas, and the list of international border gates through which foreigners are allowed to enter or leave the country with e-visas.”.

4. To amend and supplement Points c and d, Clause 1, Article 31 as follows:

“c/ For citizens of countries eligible for Vietnam’s unilateral visa exemption, the duration of temporary residence will be 45 days, and the issuance of visas or the extension of duration of temporary residence for them will be considered under this Law;

d/ For those not falling into the cases specified at Points a, b and c of this Clause, the duration of temporary residence will be 15 days if they enter into border-gate economic zones, or 30 days if they enter into special administrative-economic units or coastal economic zones specified in Clause 3a, Article 12 of this Law.”.

5. To amend and supplement Article 33 as follows:

“Article 33. Declaration of temporary residence

1. Foreigners who temporarily reside in Vietnam shall, via managers or executives of accommodation establishments, declare their temporary residence to the public security offices of communes, wards or townships or police posts or stations in localities where such accommodation establishments are located. Accommodation establishments shall request the foreigners to produce their passports or international travel documents and papers relating to residence in Vietnam in order to make declaration of temporary residence before they allow the foreigners’ temporary residence. In case border guard posts or stations receive declarations of foreigners’ temporary residence under treaties to which Vietnam is a contracting party, they shall immediately notify such to the public security offices of communes, wards or townships or police posts or stations in localities where the foreigners temporarily reside.

2. Foreigners’ temporary residence shall be declared in the electronic environment or temporary residence declaration forms.

In case of using temporary residence declaration forms, accommodation establishments’ managers or executives shall fill in the temporary residence declaration forms and submit such forms to the public security offices of communes, wards or townships or police posts or stations in localities where their accommodation establishments are located within 12 hours or within 24 hours, for remote or deep-lying areas, after the foreigners arrive in their establishments.

3. Foreigners who change their places of temporary residence or who temporarily reside at places other than those stated in their temporary residence cards, or whose passports see a change in the information stated therein shall make temporary residence declaration under Clause 1 of this Article.”.

6. To amend and supplement Clause 2, Article 34 as follows:

“2. Foreigners may not temporarily reside in restricted areas or areas subject to suspension of activities within land or sea border areas. In case foreigners temporarily reside in accommodation establishments within border areas or townships, towns or cities, tourist and service centers, special administrative-economic units or other economic zones in border areas, they shall make declaration of temporary residence in accordance with Article 33 of this Law. Agencies that receive foreigners’ temporary residence declaration forms shall immediately notify such to border guard posts or stations of localities where accommodation establishments are located.”.

7. To amend and supplement the title of Chapter VII as follows:

“Chapter VII

RIGHTS AND OBLIGATIONS OF FOREIGNERS; RIGHTS AND RESPONSIBILITIES OF AGENCIES, ORGANIZATIONS
AND INDIVIDUALS”.

8. To add Point dd below Point d, Clause 2, Article 44 as follows:

“dd/ To produce passports or international travel documents, or papers relating to their residence in Vietnam to accommodation establishments for declaration of temporary residence under regulations.”.

9. To add Article 45a below Article 45 in Chapter VII as follows:

“Article 45a. Responsibilities of other related agencies, organizations and individuals

1. Agencies, organizations and individuals may employ foreigners, or organize tourism programs for foreigners or allow foreigners to temporarily reside only when the latter lawfully live in Vietnam.

2. When detecting signs of violation of the law on foreigners’ entry into, exit from, transit through, and residence in Vietnam, agencies, organizations and individuals shall immediately notify such to the nearest public security offices; if detecting any signs of violation in border areas, they shall immediately notify such to the nearest public security offices or border guard posts or stations.”.

10. To add Clause 11 below Clause 10, Article 47 as follows:

“11. To provide guidance on the issuance of papers for entry into, exit from, or residence in, Vietnam, and the declaration of foreigners’ temporary residence in the electronic environment in accordance with this Law and the law on e-transactions.”.

Article 3. Implementation provisions

1. This Law takes effect on August 15, 2023.

2. Immigration papers issued to citizens before the effective date of this Law remain valid till their expiry dates.

3. In case citizens have applied for immigration papers but not yet obtained them by the effective date of this Law, Law No. 49/2019/QH14 on Exit and Entry of Vietnamese Citizens shall continue to be applied for settlement.

4. In case foreigners already have e-visas or are eligible for unilateral visa exemption upon entry, or have applied for e-visas but not yet obtained them by the effective date of this Law, Law No. 47/2014/QH13 on Foreigners’ Entry into, Exit from, Transit through, and Residence in Vietnam, which had a number of articles amended and supplemented under Law No. 51/2019/QH14, shall continue to apply.

This Law was passed on June 24, 2023, by the 15^th National Assembly of the Socialist Republic of Vietnam at its 5^th session.-

Chairman of the National Assembly
VUONG DINH HUE