Overseas Vietnamese
HOW DO OVERSEAS VIETNAMESE APPLY FOR A 5-YEAR VISA EXEMPTION?
Overseas Vietnamese are among the beneficiaries of Vietnam’s 5-year visa exemption policy under Decree No. 82/2015/ND-CP. This policy aims to make it easier for Overseas Vietnamese and their relatives to visit Vietnam for family reunions, tourism, or business purposes. However, not everyone fully understands the eligibility criteria, application procedures, and the rights this document offers. Having a thorough understanding of the process will enable Overseas Vietnamese to easily complete the required procedures, avoid unnecessary delays, and prevent potential legal issues when entering and residing in Vietnam.

 

1. What is the 5-year visa exemption?

The 5-year visa exemption, also known as the Vietnam 5-year visa exemption certificate, is an official document that permits entry to and exit from Vietnam. It is issued to Overseas Vietnamese (those of Vietnamese origin residing abroad) without a Vietnamese passport and to foreigners who are spouses or children of Vietnamese citizens or Overseas Vietnamese.

During its validity period, the holder of a 5-year visa exemption may enter Vietnam at any time without needing to apply for a new visa. However, each stay is limited to a maximum of 6 months. If a longer stay is desired, the individual may apply for a temporary residence extension under Vietnamese law.

 

2. Why should Overseas Vietnamese apply for a 5-year visa exemption?

A Vietnam visa is a permit issued by the Vietnamese competent authorities, allowing foreigners to enter and reside in Vietnam for a specified period. However, the Vietnam 5-year visa exemption certificate is a special type of visa waiver granted to Overseas Vietnamese and their relatives or Vietnamese citizens. This exemption is regulated under Decree No. 82/2015/ND-CP and is valid for up to 5 years, allowing holders to enter and stay in Vietnam over a longer period without repeatedly applying  for visas.

Therefore, the 5-year visa exemption offers significant advantages for Overseas Vietnamese, such as:

  • With a 5-year visa exemption, Overseas Vietnamese may enter Vietnam multiple times without having to apply for a visa for each visit. For each entry, the holder is permitted to stay for up to 6 months. This visa exemption is valid for a maximum of 5 years, but must expire 6 months before the passport’s expiration date. As a result, Overseas Vietnamese can plan their trips to Vietnam more flexibly without facing administrative barriers, saving both time and effort.
  • In some cases, Overseas Vietnamese may be eligible for both the 5-year visa exemption and a temporary residence card (TRC) in Vietnam. If they hold a TRC, there is no need to apply for the 5-year visa exemption, as the TRC permits multiple entries and exits within its validity, similar to a long-term visa. However, for those who do not qualify for a temporary residence card, applying for a 5-year visa exemption is a more practical and cost-effective alternative to repeatedly applying for and renewing short-term visas.
  • Rather than repeatedly applying for and renewing short-term visas, the 5-year visa exemption significantly reduces expenses, especially for those who frequently travel to Vietnam for family visits, tourism, or business purposes. Overseas Vietnamese with intentions to invest, conduct business, or work in Vietnam can also take advantage of this visa exemption to ensure smooth travel without interruptions due to multiple visa applications.

 

3. What are the conditions for Overseas Vietnamese to be issued a 5-year visa exemption?

According to Article 3 of Decree No. 82/2015/ND-CP, Overseas Vietnamese must meet the following conditions to be eligible for the 5-year visa exemption in Vietnam:

  • Possessing a passport or international travel document with at least 01 year of remaining validity;
  • Possessing documents proving their status as an Overseas Vietnamese, such as  a certificate of renunciation or loss of Vietnamese nationality, documents confirming Vietnamese nationality, old birth certificates, or other documents confirming their previous Vietnamese nationality;
  • Not being subject to an exit suspension or entry denial by competent Vietnamese authorities.

 

4. Where can Overseas Vietnamese apply for a 5-year visa exemption?

Overseas Vietnamese temporarily residing in Vietnam who wish to apply for the 5-year visa exemption can submit their application directly to the Immigration Department under the Ministry of Public Security at one of the following addresses:

  • 44–46 Tran Phu Street, Ba Dinh District, Hanoi;
  • 333–335–337 Nguyen Trai Street, District 1, Ho Chi Minh City.

For those residing abroad, the application should be submitted to the Embassy or Consulate of Vietnam in their country of residence.

In addition to in-person applications, Overseas Vietnamese may also apply online via the National Public Service Portal, or send their application by post or express delivery for greater convenience.

 

5. What are the application documents for a 5-year visa exemption for Overseas Vietnamese?

 According to Article 6 of Decree No. 82/2015/ND-CP, the applicant must submit one set of the following documents:

  • A valid passport or an international travel document, or a permanent residence document issued by competent foreign authorities to a Vietnamese residing abroad;
  • A completed application form for the issuance or re-issuance of the 5-year visa exemption certificate, accompanied by two recent photos (one attached to the form);
  • An authenticated copy or the original (for verification) of one of the following: birth certificate, certificate of renunciation or loss of Vietnamese nationality, or other documents confirming their previous Vietnamese nationality;

If the applicant does not possess any document proving their status as an Overseas Vietnamese, the competent Vietnamese visa-issuing authority abroad will consider the application based on documents that identify the applicant as being of Vietnamese origin.

 

6. What are the procedures for issuing a 5-year visa exemption to Overseas Vietnamese?

Case 1: Overseas Vietnamese residing abroad

Step 1: Submitting the application to the Embassy or Consulate of Vietnam in the country of residence.

Step 2: Within 1 working day from the date of receiving a complete application, the receiving authority must send a list of applicants for the 5-year visa exemption to the Immigration Department.

Step 3: Within 3 working days, the Immigration Department shall review and respond to the Embassy or Consulate of Vietnam in the country of residence.

Step 4: Within 1 working day after receiving the notice from the Immigration Department, the Embassy or Consulate of Vietnam shall issue a 5-Year Visa exemption to Overseas Vietnamese.

 

Case 2: Overseas Vietnamese residing in Vietnam

Step 1: Submitting the application during office hours on working days at one of the following offices of the Immigration Department – Ministry of Public Security:

  • 44–46 Tran Phu Street, Ba Dinh District, Hanoi;
  • 333–335–337 Nguyen Trai Street, District 1, Ho Chi Minh City.

Alternatively, applicants may apply online via the National Public Service Portal or the Ministry of Public Security's Service Portal, and send additional documents via public postal services as instructed by the Immigration Department on these portals (if applicable).

Step 2: Application review

Within 5 working days from the date of receiving a complete application, the Immigration Department will review and provide the result.

Step 3: Result delivery

The applicant may receive the result in person at the Immigration Department by presenting the appointment slip and valid identification for verification. If they request to receive the result via postal service, the process will follow the instructions of the postal service provider.

In cases where the application for a 5-year visa exemption is denied, the Immigration Department will issue a written response or a notification via the National Public Service Portal or the Ministry of Public Security's Service Portal, clearly stating the reason for the denial.

 

7. How much does a 5-year visa exemption for Overseas Vietnamese cost?

The cost of applying for a 5-year visa exemption for Overseas Vietnamese includes government fees and service fees (if using an application support service).

According to Circular No. 25/2021/TT-BTC dated April 7, 2021, by the Ministry of Finance, the current official fee for issuing a 5-year visa exemption is USD 10 per visa. This mandatory fee must be paid directly to the competent authority during the application process.

In addition to the government fee, if Overseas Vietnamese use a third-party service to assist with the application, the total cost may be higher depending on the service provider. This fee often includes both the government fee and the administrative processing fee, helping applicants save time and simplify procedures.

 

8. FAQ

(1) Can the 5-year visa exemption be converted into another type of visa?

Currently, the Vietnam 5-year visa exemption cannot be directly converted into other types of visas, such as work, investment, or tourist visas. This visa is specifically issued to individuals who are Overseas Vietnamese or have family ties with Vietnamese citizens and allows multiple entries within a maximum validity of 5 years, with each stay not exceeding 180 days.

However, if you wish to change your purpose of stay (e.g., from visiting relatives to working), you must apply for a new visa that corresponds to your intended activity. For instance, to work in Vietnam, you can apply for a work visa (LD1 or LD2), provided you meet conditions such as having a work permit or qualifying for a work permit exemption under Vietnamese law.

(2) Do I need to register for temporary residence after entering Vietnam with a 5-year visa exemption?

Yes. According to Vietnamese law, foreigners staying in Vietnam for more than 30 days are required to register their temporary residence, even if they already hold a valid visa or temporary residence card.

This procedure helps the authorities manage information about foreign nationals, including their place of residence and  purpose of stay, ensuring national security, public order and effective control of their presence in Vietnam.

(3) Can I apply for a 5-year visa exemption if my passport is valid for less than 5 years?

Yes, but the validity of your 5-year visa exemption will be shortened accordingly. According to Article 4 of Decree No. 82/2015/ND-CP, the 5-year visa exemption is valid for a maximum of 5 years but must expire at least 6 months before the passport’s expiration date.

This means:

  • If your passport is valid for 4 years and 6 months, you may be issued a 5-year visa exemption with a validity of 4 years.
  • If your passport is valid for 3 years, you may be issued a 5-year visa exemption with a validity of 2 years and 6 months.
  • If your passport is valid for less than 1 year, the visa exemption validity will be very short, or your application may be denied for not meeting the requirements.

To maximize the visa duration, you should renew or extend your passport before applying for the visa. This will help you avoid reapplying when your passport expires and save time and costs during entry and exit procedures in Vietnam.

Phong & Partners lawyers have experiences in providing legal services, legal training, and collaborating with:            Phong & Partners lawyers have experiences in providing legal services, legal training, and collaborating with:            Phong & Partners lawyers have experiences in providing legal services, legal training, and collaborating with:            Phong & Partners lawyers have experiences in providing legal services, legal training, and collaborating with:            Phong & Partners lawyers have experiences in providing legal services, legal training, and collaborating with:            Phong & Partners lawyers have experiences in providing legal services, legal training, and collaborating with:            Phong & Partners lawyers have experiences in providing legal services, legal training, and collaborating with:            Phong & Partners lawyers have experiences in providing legal services, legal training, and collaborating with:            Phong & Partners lawyers have experiences in providing legal services, legal training, and collaborating with:            Phong & Partners lawyers have experiences in providing legal services, legal training, and collaborating with:           

EVN
SUNRISE BAY
FAFIM
Pizza Hut
Makitech
Skyline
Đăng Hải
Khả Tâm
Defarm
28
27
26
25
23
22
17
18
19
20
EVN
SUNRISE BAY
FAFIM
Pizza Hut
Makitech
Skyline
Đăng Hải
Khả Tâm
Defarm
28
27
26
25
23
22
17
18
19
20
EVN
SUNRISE BAY
FAFIM
Pizza Hut
Makitech
Skyline
Đăng Hải
Khả Tâm
Defarm
28
27
26
25
23
22
17
18
19
20
Logo
Phong & Partners provides all legal services with the highest quality that is the result of professionalism, dedication and cohesion, effective support of the whole team for the highest benefit of clients.
  • Facebook
  • Twitter
  • Instagram
  • Zalo
Copyright © 2020 P&P. All Rights Reserved.
Designed and Maintained by Thiết kế website Đà Nẵng, DANAWEB.vn
Zalo
0905102425

+84 236.3822678

phongpartnerslaw@gmail.com

info@phong-partners.com

viber