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Decree 4-Cp: Detailing The Implementation Of The Immigration Ordinance, Residence, Travel Of Foreigners In Vietnam

Original Language Title: Nghị định 4-CP: Quy định chi tiết thi hành Pháp lệnh Nhập cảnh xuất cảnh, cư trú, đi lại của người nước ngoài tại Việt Nam

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The DECREE detailing implementation of the Immigration Ordinance, residence, travel of foreigners in Vietnam _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on Government Organization 30-9-1992;
Pursuant to the Immigration Ordinance, immigration, travel, residence of foreigners in Vietnam on 21-2-1992;
According to the recommendation of the Minister of the Interior, the Minister of Foreign Affairs, Decree: chapter I ENTRY, exit, TRANSIT article 1.
1. Foreigners who want to enter Vietnam to visa procedures at diplomatic representations or consular authority or other body authorized to grant visas for Vietnam's overseas (hereinafter collectively referred to as Vietnam's representative offices abroad). In the case of foreigners to bring visa-free passports of countries have signed visa-free agreements with the Government of Vietnam is not visa procedures, but must declare the name of bodies, organizations or individuals in Vietnam which themselves to work or reside.
2. visa procedure of Vietnam.
a) each opened 2 Vietnam entry application according to the form prescribed by the Immigration Agency in Vietnam (filed a petition to Vietnam's representative offices abroad and filed an application to the immigration station for Vietnam when entry); single photo (photo pasted on the type stated in this Decree is a new picture taken not more than one year) size 4 cm 6 cmm, half the face, look, head to the ceiling.
b) present the enclosed entry application:-passport or valuable papers instead of the Passport;
-The proof of the purpose, the reason Vietnam entry (if any) as the Agency's invitation or your paper, organizations, individuals in Vietnam; signed cooperation contract or MOU with the agencies, organizations or individuals in the Philippines.
Foreigners can through agencies, organizations, individuals in Vietnam made the procedure for entry to Vietnam at the Immigration Agency of Central Vietnam. Vietnam's representative offices abroad will issue a visa when there has allowed the entry of the immigration authority of Central Vietnam.
Article 2.
1. Alien requests in Vietnam or by agencies, organizations and individuals in Vietnam invited to Vietnam to handle the urgent unforeseen uncertainties, technical support for investments, heavy disease emergency, rescue ships, plane crash or natural disaster places disease, then was granted a visa to enter Vietnam at the gate.
2. the review of visa procedures at the gate: a) alien immigration emergency to Vietnam, please specify the reason. Agencies, organizations and individuals in Vietnam to invite foreigners into emergency Vietnam must send the request to the authorities of the Central immigration know slow as 24 hours prior to arrival gate.
b) Minister of public security of Vietnam international granted immigration visas to foreigners after the pharmaceutical management agency Central immigration approval for entry.
Article 3.
-The procedure of exit visa for foreigners residing in Vietnam as follows: 1. Each person opened 2 exit application according to the form prescribed by the Immigration Agency Vietnam attached to the certificate of permanent residence in Vietnam and 3 photos.
2. To present passports or valuable papers instead of the Passport.
3. immigration authorities consider the exit visa in 3 days from the date of receipt of a valid application.
Article 4.
1. entry visas, visas, entry-exit visas, visas-Vietnam's entry has a time limit not exceeding 3 months (90 days) and may be out of date every 3 months a, fit for the purpose of entry, exit of each particular case.
Alien cases in Vietnam investment projects or implementation of the agreement on economic, cultural, technical, then was granted entry-exit visa or visa-entry to 1 year (12 months) and can be extended each year a in accordance with the contract, cooperation in Vietnam.
As for the officials and staff of the diplomatic missions, representative offices of international organizations in Vietnam and foreign experts, foreign people to the Vietnam study, healing required in in Vietnam from 2 years upwards, then the duration of visas may be extended over in accordance with the term of the work, study time, the healing of the people there.
2. Visa-Vietnam's worth; alien cases in Vietnam to implement investment projects, the partnership contract was signed with a side of Vietnam, was granted a visa to entry-exit visas or entry-value multiple times in the duration of the visa.
Article 5.
1. Foreigners staying in Vietnam would like to be extended to Vietnam's visa procedures at the agency competent Vietnam said in paragraph 3 of this article before the visa expires in 3 days. Specific procedures are as follows:-make an application for out of date visa form prescribed. Foreigners must not apply if the text of the Vietnam agency or organization of foreigners in Vietnam (receiver) recommended out of date visa for that person.
-Attached or text speak on passport or valuable papers instead of passport and certificate of staying in Vietnam.
The case of the Vietnamese visa time limit expired, but the time limit for staying in Vietnam still do not have to do for out of date.
2. Foreigners staying in Vietnam would like to modify, complement the content recorded in Vietnam's visa, must make renewals of visas mentioned in clause 1, article.
3. Consular Affairs review gai, Supplement, modify visas for foreigners in the entrants are entitled to the privileges, immunities, foreign consuls. The alien other than an agency management of above mentioned immigration review Interior Ministry out of date, amendments, additional visas.
Article 6.
-The Authority decided to cancel the visas granted to foreigners as defined in article 5 Ordinance on entry, exit, residence of foreigners residing in Viet nam:-immigration management Department under the Ministry of the Interior, decided to cancel the visas of Vietnam has granted to a foreigner not subject to preferential rights , diplomatic immunity, consular.
-Ministry of Foreign Affairs, decided to cancel the visas of Vietnam has granted to foreigners who enjoy diplomatic immunity privileges, Consul.
Article 7.
1. procedures applied, renew, modify transit visas in South Vịet applied under article 1, article 2 and article 5 of this Decree.
2. The alien is only considering transit visa to Vietnam to other countries, if the countries that agreed to the entry.
3. The duration of the transit visa once go through Vietnam not too 15 days; both cases go on and on transit to Vietnam, the time limit prescribed by the specific trip.
Chapter II residence, GO BACK to article 8.
-Within 48 hours since the entry of foreign resident registration must follow the following rules: 1. Foreigners in the entrants following registration at the Ministry of Foreign Affairs: a) the delegates and custom kick of the foreign delegation to visit Vietnam, work according to the decision of the party central secretariat , of the State President, na Chairman, Prime Minister.
b) members of the diplomatic missions, the consular authorities abroad, the representative body of the United Nations Organization in Vietnam, including the alien's family members living with them in Vietnam.

c) other foreigners enjoy preferential regulations, diplomatic immunity by the Government of Vietnam.
2. the entry of foreigners in Vietnam not under the provisions of paragraph 1 of this article, shall register at the Immigration Agency.
3. The following cases are not resident registration procedures: a) the Vietnamese transit transit visa exemption as defined in clause 2 article 8 of Ordinance on entry, exit, residence, travel of foreigners in Vietnam.
b) Who enter Vietnam that time saved Vietnam not so 48 hour.
c) Who borrow the way Vietnam follow the route by the competent authorities of Vietnam and the Vietnam period not exceeding 3 days (72 hours).
Article 9.
-Registration of residence of foreigners in the competent State agencies of Vietnam (mentioned in clause 1 va 2 article 8) as follows: 1. for resident alien: a) each opened 2 registration of residence according to the form prescribed by the Immigration Agency Vietnam , photo.
b) to present a passport or valuable papers instead of the Passport; exit enter votes has granted Vietnam at the gate and the proof of the purpose of residing in Vietnam were the competent authorities of Vietnam approved.
c) receiver registration Declaration of residence "permanent certification" for foreigners; "permanent certification" has no value and is granted to resident foreigners from 14 years of age; people under 14 years of age living with parents or tutors are foreigners residing in Vietnam are credited collectively to "permanent certification" of father, mother, or the godfather.
The Ministry of the Interior specifies the form and content of the "permanent certification".
2. for foreigners staying: a) produce to the competent authority mentioned in point b of this paragraph, a passport or papers worth instead of passport and immigration votes.
b) foreigners in the entrants registered at the Ministry of Foreign Affairs stated in clause 1 article 8 of this Decree will be the Foreign Ministry staying certification; the alien by the Immigration Agency certification staying in Vietnam entry gate.
c) certification period staying at most not more than 1 year (12 months) from the date the perpetrator and can be extended each time not to exceed 12 months, consistent with the purpose of staying in each specific case. Foreigners own as members of diplomatic missions, consular authorities, the representative body of the United Nations organizations in Vietnam and people in Vietnam learning, healing, the certification period staying at most not more than 3 years (36 months) and can be extended each time not more than 12 months in accordance with the term of the work or learning, healing time in Vietnam.
The Interior Ministry, the Foreign Ministry specified form, certified content staying level for foreigners stay in Vietnam.
Article 10.
1. resident alien change of address, occupation or other content changes recorded in the "permanent certification" register modified or added in the Immigration Administration local residence; when foreigners go to permanent settlement in another country or deported, immigration authorities revoked the "permanent certification".
2. Foreigners who like to be out of date the certificate or change the purpose of staying subscribed, they must apply for registration or out modification, Supplement with Vietnam authorities have issued a certificate to that person staying.
3. The cancellation of the certificate issued for the sojourn of foreigners by immigration authorities central consideration, decided under the provisions of clause 2 article 11 of the Ordinance on entry, exit, residence of foreigners in Vietnam; in case of need, the governing body, the Central immigration may grant certification again staying staying has certified replacement level in Vietnam gate to suit the purpose and the reason for staying of foreigners in Vietnam.
Immigration authorities decided to cancel the certificate of stay must notify litigants slow for 3 days from the date of the decision to cancel and notify authorities, organization of Vietnam said.
For those staying at the registration area in the Foreign Ministry, the cancelled certificate of staying made via the diplomatic route.
Article 11. Foreigners in Vietnam was granted "permanent certificate" or "certificate of staying", when travelling outside the registered place of residence, if staying overnight must declare staying with host hotels, hostels or guest houses where authorities overnight.
Article 12.
1. Foreigners in Vietnam are not residents, going back in the following locations: area a) border belt, which includes the town or equivalent administrative units adjacent to the national border.
b) industrial defence, the military zone, the border defenses, the Defense Department, Defense Department and the sea.
c) other location areas require special protection of security, defense, led by the Minister of the Interior, the Minister of Defense, delineated.
d) areas by the Ministry of the Interior decided to temporarily for reasons of political security, social order and safety.
2. The areas mentioned in clause 1 of this article, or plug the signage or deployed guards, protection, depending on the nature and characteristics of each area.
The Interior Ministry report form unified regulating the aforementioned area.
Article 13.
1. Foreigners entering the area mentioned in clause 1, article 12, of this Decree, must have a permit of the Prime Minister, the Minister of the Interior, the Minister of Defense (particularly for the areas location of Defense). Where there is agreement or signing between the Vietnamese Government with foreign Governments or international organizations in the United Nations other than this Regulation shall apply as agreed or signed it.
2. Apart from the cases mentioned in clause 1, the thing, the travel of foreigners residing and staying legal in Vietnam do not have to ask permission.
3. Liability for walking, activity on the territory of Vietnam of foreigners staying in Vietnam are defined as follows: a) for foreigners on working with agencies, organizations, Vietnam, Vietnam organization authority to manage the program, the activities and inform the immigration authority.
b) for foreigners in Vietnam travel, business travel international of Vietnam are responsible for shuttle, Guide according to cruise travel sales.
c) foreigners who are members of diplomatic missions, consular bodies of foreign countries, the representative body of the international organization of the United Nations, when travelling, to operate in Vietnam under the guidance of the Ministry of Foreign Affairs, in accordance with the Convention and other international conventions to which Vietnam participates.
d, for other travel cases out of the range where the residence registration, in addition to unfamiliar vocabulary and/or rules at points a, b, c, paragraph 3 of this article, the alien must notify owners of hotels, bed and breakfast, guest house or agency, the organization welcomed her to know and inform the immigration authority.
Article 14. Foreigners lend Vietnam road must go in the correct route from immigration to Vietnam exit gate as specified by the Immigration Agency.
Chapter III MANAGEMENT SYSTEM IMMIGRATION article 15.
1. Agency management system and tackle immigration, residency, exit, travel of foreigners in Vietnam the following regulations:

a, Consular Service of the Ministry of Foreign Affairs, the Foreign Affairs Department of the foreign service or in the provincial people's Committee, the central cities is responsible for managing and resolving procedure exit, residence, travel for foreigners in the entrants are entitled to preferential diplomatic immunity, consular; members of diplomatic missions, consulates and international organizations in Up Nations including those in their families.
b, entry and exit Management Department under the Ministry of the Interior, immigration management Department of the public security Department, the city and the international police station is responsible for managing and resolving procedure exit, residence, travel for foreigners (in addition to the provisions in point a, paragraph 1 of this article) c , Diplomatic missions, consular Vietnam or other representative body of Vietnam abroad is authorized, are responsible for resolving test procedure, exit Vietnam for foreigners under the authority provided in chapter I of this Decree.
2. The Minister of the Interior, the Minister of Foreign Affairs regulations of the Organization, specific duties of governing body, and solve the immigration procedures at home and abroad, ensuring the implementation of the tasks and powers under the provisions of the Ordinance and this Decree.
Chapter IV FINAL PROVISIONS article 16.
1. Foreigners do for granted, renewed, modified, additional visas, "the certificate generally stay", travel permits, renewals, modifications, additional "staying" certification fees.
2. The Ministry of finance, the Ministry of Interior and Ministry of Foreign Affairs detailing the fee mentioned in clause 1, article.
Article 17.
1. The administrative violations regarding entry, exit, residence, travel of foreigners in Vietnam are applied according to the provisions of article 6, điều15 and article 16 of Decree No. 141-dated 25-4-1991của the Council of Ministers on sanctioning administrative violations in the field of security , order.
2. principles, procedures, authority sanctioning administrative violations with regard to the administrative violations of foreigners is applied according to the provisions of the Ordinance on administrative violations sanctions and Decree No. 141-HĐBT of the Council of Ministers on sanctioning administrative violations in the field of security , order.
Article 18. This Decree replaces the Decree No. 83-CP on 10-6-1961 Council of Government on the foreigners Please import, export, transit, South Việy, Decree No. 286-TTg dated 31 July 1959 of Prime Government regulations registration of foreign people to Vietnam and take effect from the date of promulgation. The previous provisions contrary to this Decree are repealed.
Article 19. The Ministry of Interior, Ministry of Foreign Affairs is responsible for guidance and implementation according to the tasks and powers stipulated in the Ordinance on entry, exit, residence, travel of foreigners in Vietnam and this Decree.