PROCEDURES FOR VISA APPLICATION AND TEMPORARY RESIDENCE EXTENSION IN VIETNAM

A Vietnam visa or immigration visa is legal proof as well as to confirm that someone is allowed to enter or exit the country of the visa. This permission can be in writing but is common with a stamp for the applicant to enter into the applicant's passport. Some countries do not require a visa on entry in some cases, often as a result of a compromise between the country and the person's home country (typically countries in the European Community).

Visa extension is a foreign citizen holding a Vietnam visa, currently residing and living or working in Vietnam and wishing to continue to travel, visit relatives, or work. When it is almost time for the visa to expire, you must apply for visa extension. Visa extension is the extension of the old visa, following the period of visa validity in Vietnam which was stated on the old visa. The visa extension has a term from 1 month to 3 months as well as can be extended many times.

The visa can be issued directly to a foreign citizen in the country, or through the embassy or consulate of that country, sometimes through a specialized agency or travel agency with permission. country of issue. If there is no embassy or consulate in your home country, the applicant must go to a third country that has these agencies. Visa exemption is a country that has a statute that allows a number of special subjects to be given priority entry and exit regardless of the purpose of entry and exit.

So in order to make the most of the time to travel, live and work in Vietnam, foreign citizens who already have a visa need to pay attention to the visa deadline to apply for a timely extension in order to avoid tricks. legal complicated when the visa is overdue, for the first-time citizen applying for a visa, it is necessary to prepare the necessary documents and documents to proceed with a smooth application. How will the process of applying for new and renewed visas be conducted? Let’s find out through the following article!

I. What is a visa? 

Before understanding the legal procedures related to visa renewal and renewal, one needs to understand what a visa is.

According to the provisions of Vietnamese law, specifically the 2014 Law on entry, exit, transit and residence of foreigners in Vietnam, amending and supplementing 2019 Clause 11, Article 3:

"Visa is a document issued by a competent authority of Vietnam allowing a foreigner to enter Vietnam."

II. Types of visa 

Each type of visa will be issued to different subjects with different symbols. According to Article 8, Law on entry, exit, transit, and residence of foreigners in Vietnam (Law No. 47/2014 / QH13, dated June 16, 2014) amending and supplementing 2019.

1. NG1 - Issued to members of the delegation invited by the General Secretary of the Central Committee of the Communist Party of Vietnam, the President of the National Assembly, the President of the National Assembly, the Prime Minister.

2. NG2 - Issued to members of the delegation invited by the Standing Secretariat of the Central Communist Party of Vietnam, Vice President of the State, Vice Chairman of the National Assembly, Deputy Prime Minister, Chairman of the Central Committee of the Front The Vietnam Fatherland, Chief Justice of the Supreme People's Court, Chief Procurator of the Supreme People's Procuracy, State Auditor General; invited members of the delegation at the same level of the Minister and the equivalent, Secretary of the Provincial Party Committee, Secretary of the Party Committee, Chairman of the People's Council, Chairman of the People's Committee of the province or centrally-run city.

3. NG3 - Issued to members of diplomatic missions, consulates, representative offices of international organizations under the United Nations, representative offices of intergovernmental organizations, and spouses, children under 18 age, the maid accompanied by the term.

4. NG4 - Issued to people who come to work with diplomatic missions, consulates, representative offices of international organizations under the United Nations, representative offices of intergovernmental organizations and spouses, children under 18 years old traveling together; visitors to members of diplomatic missions, consular offices, representative offices of international organizations affiliated to the United Nations, representative offices of intergovernmental organizations. ”;

5. LV1 - Issued to people who come to work with departments, agencies and units directly under the Central Government of the Communist Party of Vietnam; National Assembly, Government, Central Committee of Vietnam Fatherland Front, Supreme People's Court, Supreme People's Procuracy, State Audit, Ministries, Ministerial-level agencies, Governmental agencies; Provincial Party Committee, City Party Committee, People's Council, People's Committee of province or city under a central authority.

6. LV2 - Issued to people who come to work with sociopolitical organizations, social organizations, Vietnam Chamber of Commerce and Industry.

7. Issued to foreign investors in Vietnam

a. DT1 - Issued to foreign investors in Vietnam and representatives of foreign organizations investing in Vietnam with contributed capital valued at VND 100 billion or more or investing in industries or trades subject to investment incentives, investment incentives table is decided by the Government.

b. DT2 - Issued to foreign investors in Vietnam and representatives of foreign organizations investing in Vietnam with contributed capital of between VND 50 billion and less than VND 100 billion or investing in industries and occupations that are encouraged for investment. Development investment is decided by the Government.

c. DT3 - Issued to foreign investors in Vietnam and representatives of foreign organizations investing in Vietnam with contributed capital valued at VND 3 billion and under 50 billion.

d. DT4 - Issued to foreign investors in Vietnam and representatives of foreign organizations investing in Vietnam with contributed capital worth less than VND 03 billion. ”;

8a. DN1 - Issued to foreigners working with other enterprises and organizations with legal status according to the provisions of Vietnamese law. ”;

8b. DN2 - Issued to foreigners to offer services, establish a commercial presence, perform other activities under international treaties to which Vietnam is a member. ”;

9. NN1 - Issued to persons who are heads of representative offices and projects of international organizations, foreign non-governmental organizations in Vietnam.

10. NN2 - Issued to heads of representative offices, branches of foreign traders, representative offices of other foreign, economic, cultural, professional organizations in Vietnam.

11. NN3 - Issued to people who come to work with foreign non-governmental organizations, representative offices, branches of foreign traders, representative offices of economic, cultural and other professional organizations of foreign countries in Vietnam.

12. DH - Issued to people who come to practice and study.

13. HN - Issued to people who come to attend conferences and seminars.

14. PV1 - Issued to journalists who reside in Vietnam.

15. PV2 - Issued to journalists who come to work for a short term in Vietnam.

16a. LD - Issued to people who come to work.

16b. LD2 - Issued to foreigners working in Vietnam who must have a work permit. ";

17. DL - Issued to people entering tourism.

18. TT - Issued to foreigners who are spouses, children under 18 years old of foreigners issued with LV1, LV2, LS, DT1, DT2, DT3, NN1, NN2, DH, PV1, LD1 visas. LD2 or a foreigner is the father, mother, wife, husband, and children of the Vietnamese citizen.

19. VR - Issued to people who visit relatives or for other purposes.

20. SQ - Issued to the cases specified in Clause 3, Article 17 of this Law (The head of an overseas visa-issuing authority of Vietnam shall issue a visa valid for no more than 30 days to a foreign national. Foreigners who wish to enter Vietnam to conduct market surveys, travel, visit relatives or medical treatment in the following cases: Persons having working relations with overseas Vietnamese visa-issuing agencies and Their spouse, their children or the person who has submitted a written request from the competent authority of the Ministry of Foreign Affairs of the host country; The person holding the guarantee note of the diplomatic mission or consular post of the country located in that country. local.)

21. EV - Electronic visa

III. Visa duration

Visa validity is a period of time whose beginning point is from the time the visa was signed and the endpoint is defined as the time when the visa is no longer valid. The time limit is both the objective of time in general and also subjective of the first and last moment maker.

So, what is the visa deadline?

Under the provisions of Article 9 of the Law on Immigration 2014 (amended 2019)

1. The SQ, EV symbol visa is valid for not more than 30 days.

2. Visas for HN, DL are valid for no more than 03 months.

3. VR visa is valid for 06 months or less.

4. Visas under NG1, NG2, NG3, NG4, LV1, LV2, ĐT4, DN1, DN2, NN1, NN2, NN3, DH, PV1, PV2 and TT visas are valid for no more than 12 months.

5. The LD1 and LD2 symbol visas are valid for no more than 02 years.

The DT3 symbol visa is valid for no more than 03 years.

6. Visas under LS, DT1, DT2 are valid for no more than 05 years.

7. Visas expired, to be considered for a new visa.

8. Visa validity is at least 30 days shorter than a passport or international travel document validity.

9. Where an international treaty to which Vietnam is a member contains different provisions, the visa period for issue shall comply with the international treaty.

IV. Conditions the grant of visa

Under the provisions of the 2014 Law on entry, exit, transit, and residence of foreigners in Vietnam, amendments to 2019

To be granted a Vietnam visa, the foreign citizen:

1. Have a passport or international travel document.

2. Having agencies, organizations and individuals in Vietnam inviting or guaranteeing, except for the case specified in Article 16a (issuing electronic visas at the request of foreigners), Article 16b (issuing electronic visas at the request of the foreigner). and Clause 3, Article 17 (The head of an overseas visa-issuing authority of Vietnam to issue visas valid for no more than 30 days to foreigners wishing to enter Vietnam). Vietnam does market surveys, travel, visiting relatives, and medical treatment in the following cases: Persons having working relations with overseas Vietnamese visa-issuing agencies and their spouses and children full name or a person who has a written request from the competent authority of the Ministry of Foreign Affairs of the host country; the person holding the note of guarantee from the diplomatic mission or consular post of the host country.) of the Law this.

3. Not falling into the cases of suspension from entry specified in Article 21 of this Law.

4. The following cases applying for a visa must have documents proving the purpose of entry:

• Foreigners entering into 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 who come to work must have a work permit in accordance with the Labor Code;

• Foreigners who come to study must have admission documents from Vietnamese schools or educational institutions.

5. Electronic visas are issued to foreigners who hold passports and are not specified in Clauses 1, 2, 3 and 4 Article 8 of this Law.

V. Procedures for visa renewal and temporary residence extension for foreigners in Vietnam

• Step 1: Prepare the profile

An application form for visa and temporary residence extension, made according to form NA5 enclosed with the Minister of Public Security's Circular 04/2015 / TT-BCA dated January 5, 2015, prescribing the form of papers related to the import entry, exit, and residence of foreigners in Vietnam - Quantity: 01 copy.

• Step 2: Proceed to apply

Vietnamese agencies and organizations, Vietnamese citizens and foreigners lawfully residing in Vietnam, apply at one of the three offices of the Immigration Department - Ministry of Public Security.

• Step 3: Processing documents

Within 05 working days after receiving the visa application, the immigration authority shall consider, settle and reply to the inviting or guaranteeing agency, organization or individual and notify the overseas visa-issuing authority of Vietnam.

• Step 4: Get visa

After receiving the written reply from the immigration authority, the agency, organization or individual that invites or guarantees the foreigner to enter Vietnam shall notify the foreigner for visa application procedures at the institution. Overseas visa-issuing authority of Vietnam Similar to request for extension of temporary residence. The person who comes to receive the results shall give a receipt to the officer who returns the results of the examination and comparison. If there is a result of an extension of temporary residence, the person who comes to receive the result of the fee payment and sign the receipt.

VI. For electronic visa

1. At the request of foreigners

• Step 1: Declare information about electronic visa application, upload passport photo and personal page on the e-visa application page;

• Step 2: Pay the visa issuance fee to the account specified on the e-visa website after receiving the electronic application code of the immigration authority.

• Step 3: Immigration authorities consider, process and respond to e-visa applicants on the e-visa website within 03 working days from the date of receipt of complete information. electronic visa issuance and visa fee.

• Step 4: Foreigners who are granted an electronic visa use the electronic application code to check and print the result of electronic visa issuance at the website of electronic visa issuance.

2. At the request of the agencies, organizations

• Agencies and organizations defined in Clause 2, Article 16 of this Law may apply for e-visas to foreigners when the following conditions are fully satisfied:

Have an electronic account issued by an immigration authority as prescribed in Clause 2 of this Article.

Having electronic signatures in accordance with the Law on Electronic transactions.

• Registration procedure:

• Step 1: Agencies and organizations send a written request for electronic accounts to the immigration authority. The application for issuance of an electronic account is only done once, except for the case of change of the contents or cancellation of the account as prescribed in Clause 7 of this Article;

• Step 2: The immigration authority shall reply in writing and issue an electronic account within 03 working days from the date of receipt of the written request from the agency or organization; In case of refusal to issue an electronic account, a written reply clearly stating the reason.

VII. In the case of inviting or sponsoring foreigners to enter Vietnam at a competent agency of the Ministry of Foreign Affairs

• Foreigners defined in Clauses 1, 2, 3 and 4, Article 8 of this Law, through inviting or guaranteeing agencies or organizations, shall send visa application forms to competent agencies of the Ministry of Foreign Affairs. Delivery.

• Foreigners' inviting or guaranteeing agencies or organizations specified in Clauses 1 and 2, Article 8 of this Law shall notify in writing to competent agencies of the Ministry of Foreign Affairs to direct competent agencies to grant visas. visa of Vietnam abroad to issue visas, if required to have visas, at the same time notify the immigration management agency.

• The foreign inviting or guaranteeing agency or organization specified in Clauses 3 and 4, Article 8 of this Law shall directly send a visa application request to a competent agency of the Ministry of Foreign Affairs. The competent authority of the Ministry of Foreign Affairs will notify in writing the immigration authority. After 2 working days, if the immigration authority does not give any opinion, the competent agency of the Ministry of Foreign Affairs shall reply to the inviting or guaranteeing agency or organization and notify the competent agency. Vietnamese visas overseas to issue visas, if required to have visas.

• In case of application for visa at international border gate, it is necessary to clearly state the border gate, time of entry and the reason for the visa application at the border gate.

• After receiving the written reply from the competent agency of the Ministry of Foreign Affairs, the agency or organization inviting or guaranteeing the foreigner to enter Vietnam shall notify the foreigner for visa application procedures at the agency. have the authority to issue visas to Vietnam overseas.

• Agencies and organizations applying for visas to foreigners at overseas Vietnamese agencies competent to grant visas must pay to competent agencies of the Ministry of Foreign Affairs the charges for the clearance of such fees. Visa issuance.

VIII. For case of visa issue Visa is issued at an overseas visa-issuing authority of Vietnam

• Within 01 working day from the date of receipt of instructions from the competent authority of the Ministry of Foreign Affairs and passport, a visa application form with photo in the case specified in Clause 2, Article 15 of This Law, the overseas visa-issuing authority of Vietnam issues visas.

• For cases other than those specified in Clause 1 of this Article, after receiving a notice from inviting or guaranteeing agencies, organizations or individuals, the foreigner who is required to have visa to submit passport or application declaration visa and photo at an overseas visa-issuing authority of Vietnam. Children under 14 years old who share a passport with their parent or guardian are not required to apply for a visa in case they share a passport with their parent or guardian.

• Within 03 working days from the date of receipt of a notice from an immigration authority or a competent authority of the Ministry of Foreign Affairs, an overseas Vietnamese visa-issuing authority shall take action. Visa issuance.

• The head of the overseas visa-issuing authority of Vietnam issues visas valid for no more than 30 days to foreigners wishing to enter Vietnam to conduct market surveys, travel, visit relatives, medical treatment in the following cases:

a) Persons having working relationship with overseas Vietnamese visa-issuing agencies and their spouses, children or persons who have a written request from competent agencies of the Ministry of Foreign Affairs of the host country;

b) The person holding the guarantee note of the diplomatic mission or consular office of the country located in the host country.

After issuing a visa in the case specified in Clause 3 of this Article, the head of an overseas visa-issuing authority of Vietnam must notify the immigration authority and take responsibility for visa issuance.

IX. Issuing visas at international border gates

• Foreigners may be granted visas at international border gates in the following cases:

a) Originating from a country without a Vietnamese visa-issuing authority;

b) Before coming to Vietnam, to pass through many countries;

c) Entering Vietnam to visit or travel under a program organized by an international travel company in Vietnam;

d) Foreign crewmembers on board ships anchored at Vietnamese seaports and wishing to exit through other checkpoints;

f) Going to the funeral of a relative or visiting a seriously ill relative;

g) Entering Vietnam to participate in emergency incident handling, rescue, salvage, natural disaster or epidemic control or for other special reasons at the request of a competent Vietnamese agency.

• Foreigners who are granted visas at international border gates shall submit their passports or international travel documents, and fill in a photo visa application form at the immigration control unit. Children under 14 years old are required to declare with the visa application form of their parent or guardian in case they share a passport with their parent or guardian.

• The immigration unit checks and compares with the notice of the immigration authority to issue the visa.

X. For the issuance of visas at the immigration authority, the competent authority of the Ministry of Foreign Affairs

• Foreigners who are temporarily residing in Vietnam wishing to issue a new visa must request inviting or guaranteeing agencies, organizations or individuals to carry out procedures at the immigration authority or competent authorities of the country. Foreign Office.

• The inviting or guaranteeing agency, organization or individual specified in Clause 1 of this Article shall directly send the visa application together with the foreigner's passport or international travel document at the agency. immigration manager or competent authority of the Ministry of Foreign Affairs.

• Within 05 working days from the day on which the application is received, the immigration authority or the competent authority of the Ministry of Foreign Affairs shall consider issuing a visa.

To gain in-depth knowledge about procedures for visa application and temporary residence extension in Vietnam, please contact Doanh Tri Law Firm via:

Hotline: (+84) 911.233.955 - (024) 6293 8326

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