Shall nationals benefiting from unilateral visa-free entry treatment of Vietnam have their temporary residence period increased from 15 days to 45 days?
Shall nationals benefiting from unilateral visa-free entry treatment of Vietnam have their temporary residence period increased from 15 days to 45 days?
Clause 1, Article 31 of the Law on Entry, exit, transit, and residence of foreigners in Vietnam 2014 is amended by Clause 13, Article 1 of the Law on amendments to a number of Articles of Law on entry, exit, transit and residence of foreigners in Vietnam 2019 amendments have regulations on temporary residence certificates as follows:
Temporary residence permit
1. A foreigner making entry without having a valid temporary resident card or permanent residence card shall be issued with a temporary residence certificate at the border checkpoint valid within definite period as follows:
a) Period of temporary residence granted shall equal his/her visa validity; in case his/her visa is encoded as DL and valid for more than 30 days, he/she shall be granted temporary residence for 30 days and shall be considered for extension of temporary residence as specified in Article 35 of this Law;
b) If he/she is benefitting from visa-free entry according to international agreements to which Vietnam is a signatory, period of temporary residence shall be granted according to the international agreements or for 30 days should the international agreements not specify period of temporary residence;
c) A national benefitting from unilateral visa-free entry treatment of Vietnam shall be granted temporary residence for 15 days if he/she enters special administrative - economic zones or for periods specified in Point d of this Clause if he/she enters coastal economic zones specified in Point 3a Article 12 of this Law;
d) He/she who does not fall into cases specified in Points a and b of this Clause and enters economic zones of border checkpoint areas shall be granted temporary residence of 15 days; he/she who enters special administrative – economic zones or coastal economic zones specified in Point 3a Article 12 of this Law shall be granted temporary residence for 30 days
Accordingly, in Clause 4, Article 2 of the Law on Entry, exit, transit, and residence of foreigners in Vietnam 2014 and the Law on amendments to some Articles of Law on Entry and Exit of Vietnamese citizens and Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam in 2023, there are regulations on the temporary period stay as follows:
Amendments to some Articles of Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam
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4. Point c and point d Clause 1 Article 31 shall be amended as follows:
“c) A national benefitting from unilateral visa-free entry treatment of Vietnam shall be granted temporary residence for 45 days and considered for issuance of visa and extension of temporary residence according to regulations of this Law;
d) A person who does not fall into cases specified in Points a, b and c of this Clause and enters economic zones of border checkpoint areas shall be granted temporary residence for 15 days; a person who enters special administrative – economic zones or coastal economic zones specified in Point 3a Article 12 of this Law shall be granted temporary residence for 30 days.”.
According to the above regulations, a national benefitting from unilateral visa-free entry treatment of Vietnam shall be granted temporary residence for 45 days and considered for issuance of visa and extension of temporary residence from August 15, 2023.
Shall nationals benefiting from unilateral visa-free entry treatment of Vietnam have their temporary residence period increased from 15 days to 45 days? (Image from the Internet)
Which nationals shall have their temporary residence period extended?
On August 14, 2023, the Government issued Resolution 128/NQ-CP of 2023 amending Resolution 32/NQ-CP of 2022 on visa waiver for nationals of the Federal Republic of Germany, The French Republic, Italian Republic, Kingdom of Spain, The United Kingdom of Great Britain and Northern Ireland, Russian Federation, Japan, Republic of Korea, Kingdom of Denmark, Kingdom of Sweden, Kingdom of Norway, Republic of Finland, and the Republic of Belarus.
Accordingly, Article 1 of Resolution 128/NQ-CP of 2023 amends Resolution 32/NQ-CP of 2022 as follows:
Visa waiver will be applicable to nationals of the Federal Republic of Germany, The French Republic, Italian Republic, Kingdom of Spain, The United Kingdom of Great Britain and Northern Ireland, Russian Federation, Japan, Republic of Korea, Kingdom of Denmark, Kingdom of Sweden, Kingdom of Norway, Republic of Finland, and the Republic of Belarus with a maximum temporary residence period of 45 days from the date of entry, no matter what visa types they currently hold or their purposes of entry, on the basis of eligibility for entry in accordance with Vietnamese laws
What are the conditions for unilateral visa-free entry in Vietnam?
Article 13 of the Law on Entry, exit, transit, and residence of foreigners in Vietnam 2014 stipulates unilateral visa exemption as follows:
Unilateral visa-free entry
1. A decision to unilaterally grant visa-free entry to citizens of a country must satisfy the following conditions:
a) The country has a diplomatic relation with Vietnam;
b) The decision is conformable with the policies on socio-economic development and diplomacy of Vietnam in each period;
c) The decision does not threaten national defense, national security, social safety and social order of Vietnam.
2. The validity period of a decision to unilaterally grant visa-free entry shall not exceed 05 years and may be extended. A decision to unilaterally grant visa-free entry shall be invalidated if any of the conditions in Clause 1 of this Article are not satisfied.
3. A decision to unilaterally grant visa-free entry shall be invalidated if any of the conditions in Clause 1 of this Article is not satisfied.
Thus, according to the above regulations, a decision to unilaterally grant visa-free entry to citizens of a country must satisfy the following conditions:
- The country has a diplomatic relation with Vietnam;
- The decision is conformable with the policies on socio-economic development and diplomacy of Vietnam in each period;
- The decision does not threaten national defense, national security, social safety and social order of Vietnam.
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