REGULATIONS ON ISSUING VISA IN VIETNAM DURING COVID PERIOD FOR FOREIGNERS
Posted 09:40 Date 23/02/2021
In the context of epidemics raging around the world today, many countries have adopted various measures to prevent epidemics. In particular, some countries have restricted or banned entry and exit. This leads to a large number of foreigners unable to return to their homeland and being stuck in many other countries in general and Vietnam in particular. When being stuck in Vietnam, according to the previous regulations, foreigners will have to apply for a visa extension to continue their stay without having to exit and re-enter. Prior to the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 takes effect, the regulation on "visa extension" will be applied to the cases mentioned above. In fact, as taking effect in 2015, the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam has removed the regulation on "visa extension"; in cases of visa expiration, it cannot be renewed but re-issued. This article discusses the provisions regarding the re-issuance of visas to foreigners during Covid period in Vietnam.

1. Visa form:

Visas are issued into passports, issued separately or issued via electronic transactions. Visas issued through electronic transactions are electronic visas.

2. Visa term                                                       

- SQ, EV visas are valid for no more than 30 days.

- HN, DL visas are valid for no more than 03 months.

- VR visa is valid for no more than 06 months.

- NG1, NG2, NG3, NG4, LV1, LV2, DT4, DN1, DN2, NN1, NN2, NN3, DH, PV1, PV2 and TT visas are valid for no more than 12 months.

- LD1, LD2 visas are valid for no more than 02 years.

- LS, ĐT1, ĐT2 visas are valid for no more than 05 years.

3. Visa issuance conditions

The law provides for visa issuance conditions as follows:

a. Having passport or international travel documents.

b. Being invited, provided guarantee by the agencies, organizations and individuals in Vietnam, except for cases specified in Article 16a, Article 16b and Clause 3 Article 17 of the Law on Entry, Exit, Transit, and Residence of foreigners in Vietnam 2014.

c. Not subject to the cases that have not yet been allowed to entry specified in Article 21 of the Law on Entry, Exit, Transit, and Residence of foreigners in Vietnam 2014.

d. In the following cases, when applying for a visa, it is required documents proving the purpose of entry:

- Foreigners entering for investment must have papers proving their investment in Vietnam according to the provisions of the Investment Law;

- Foreigners practicing law in Vietnam must have a practice license in accordance with the Law on Lawyers;

- Foreigners entering for work must have a work permit in accordance with the Labor Code;

- Foreigners entering for study must have admission documents from Vietnamese schools or educational institutions. "

e. Electronic visas are issued to foreigners with passports and not subject to the provisions of Clauses 1, 2, 3 and 4 Article 8 of the Law on Entry, Exit, Transit, and Residence of foreigners in Vietnam. 2014.

4. Procedures for issuing visas to foreigners

Step 1: Prepare the profile

Individuals or organizations prepare profile according to the provisions of law.

Composition profile:

- Declaration for issuance, supplementation, modification of visa and temporary residence extension (form NA5);

- Passport/passport-replaced papers

Step 2: Submit the application

Vietnamese agencies and organizations, Vietnamese citizens and foreigners lawfully residing in Vietnam, submit their profiles to the Immigration Department - Ministry of Public Security.

Step 3: Get results

The person who comes to receive the results shall give the receipt, identity card or passport to the officer for examination and comparison; If there is a result, this person will pay the fee and sign for receiving the resutl.

5. Guidance on the extension of temporary residence for foreign citizens who are unable to return home due to the effects of Covid-19

Immigration Department - Ministry of Public Security issued official letter 4286/V08-P1 guiding the extension of temporary residence for foreign citizens who are unable to return home due to the effects of Covid-19 as follows:

   "1. For foreign citizens entering on a visa-free basis or entering with a tourist visa (including electronic visas) whose temporary residence has expired but has no guaranteeing agency or organization, cannot exit due to objective reasons (being quarantined or the airlines stop the flight, the destination country, the transit close the border ...), they may conduct the guarantee procedures for temporary residence extension (maximum 30 days) through the Embassy or Consulate General to wait for exit and submit profiles at Immigration Department, Ministry of Public Security. Specifically:

     - The profiles to request for temporary residence extension including: Passport/passport-replaced papers, declaration (form NA5 according to Circular No. 04/2015/TT-BCA dated January 5, 2015 of the Ministry of Public Security, stamped by the Embassy or Consulate General), proof of temporary residence declaration and medical declaration, and pay fees in accordance with regulations of the Ministry of Finance. The Immigration Department will return the results after 05 working days from the date of receiving valid and complete profiles according to the above instructions (if there is another request for other special assistance, please have a Diplomatic Note attached to the application.).

     - Embassies or Consulates are responsible for managing citizens guaranteed by the Embassies or Consulates during the period of residence in Vietnam and coordinate with Vietnamese authorities to solve tasks related to their citizens when required.

     - Implementation time is from March 30, 2020 to April 30, 2020.

     2. In case of entry for the purpose of working, labor, visiting relatives or other purposes, the Embassy or Consulate General is requested to guide citizens in contacting the guaranting agencies, organizations or individuals under the Law on Entry, Exit, Transit, and Residence of foreigners in Vietnam.

     3. In cases that the temporary residence has expired less than 10 days due to force majeure reasons (with paper and document proofs), they may be considered for exemption from administrative penalties. "

 

 

 

 

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