What are the new regulations on declaration of temporary residence of foreigners in Vietnam applied from August 15, 2023?
What are the new regulations on declaration of temporary residence of foreigners in Vietnam?
On June 24, 2023, the National Assembly approved 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 2023 (hereinafter referred to as the Law on amendments to the Law on Immigration 2023).
Accordingly, in Clause 5, Article 1 of the Law on amendments to the Law on Immigration 2023, Article 33 of the Law entry, exit, transit, and residence of foreigners in Vietnam 2014 on declaration of temporary residence as follows:
Declaration of temporary residence
1. Any foreigner that temporarily resides in Vietnam shall, via the person directly managing and operating the operation of the accommodation establishment, declare his/her temporary residence to the police of the commune, ward, and township or at the local police authority/station where the accommodation establishment is located. Accommodation establishments shall be responsible for requesting foreigners to present their passports or international travel documents, and documents related to residence in Vietnam to register temporary residence before admitting them. If the border guard post/station receives the declaration of temporary residence of a foreigner under regulations of an international treaty to which Vietnam is a signatory, the border guard post/station shall immediately notify the police of the commune, ward, township or the police authority/station where the foreigner temporarily resides.
2. The declaration of temporary residence of foreigners can be sent to the police in either electronic or paper form.
In case of applying for temporary residence in the paper form, the person directly managing and operating the operation of the accommodation establishment shall be responsible for filling in all information about the foreigner on the temporary residence declaration form and sending it to the police of the commune, ward, township or the police authority/station where the accommodation establishment is located within 12 hours (24 hours for remote areas) from the time the foreigner arrives at the accommodation establishment.
3. In case where foreigners change their address of temporary residence stated in their permanent residence cards or when there is any change in information in their passports, the declaration of temporary residence must be remade as prescribed in Clause 1 of this Article.
Thus, according to the above provisions, foreigners temporarily residing in Vietnam must declare their temporary residence through the person directly managing and operating the operation of the accommodation establishment.
In case of change of place of temporary or temporary residence other than the address stated in the permanent residence card or when there is a change in information in the passport, temporary residence declaration must be made.
The declaration of temporary residence for foreigners shall be made through the electronic environment or the temporary residence declaration form.
What are the new regulations on declaration of temporary residence of foreigners in Vietnam applied from August 15, 2023? (Image from the Internet)
What are the current rules of entry, exit, transit and residence of foreigners in Vietnam?
Pursuant to Article 4 of the Law entry, exit, transit, and residence of foreigners in Vietnam 2014 as follows:
Entry, exit, transit, and residence must:
1. Comply with this Law, and other relevant regulations of law of Vietnam or international agreements to which Vietnam is a signatory.
2. Respect the independence, sovereignty, unity, and territorial integrity; ensure national security, social order, and equality in international relationship.
3. Ensure transparency and convenience for foreigners; ensure tight and consistent administration of entry, exit, transit, and residence of foreigners in Vietnam.
4. Any foreigner who has multiple passports may use only one passport for his/her entry, exit, transit, and residence in Vietnam.
Thus, at present, entry, exit, transit and residence are done according to the above 04 principles.
When will the Immigration Amendment Law of 2023 come into effect?
Regarding the enforcement effect, based on Article 3 of the Law on amendments to the Law on Immigration 2023 as follows:
Implementation
1. This Law takes effect on August 15, 2023.
2. Entry and exit documents issued before the effective date hereof shall be valid until the expiry date specified in such entry and exit documents.
3. In case citizens apply for issuance of entry and exit documents but they have not yet been issued with such documents when this Law takes effect, the regulations of the Law No. 49/2019/QH14 on Exit and Entry of Vietnamese Citizens will continue to be applied.
4. In case a foreigner has been issued with an electronic visa or granted unilateral visa-free entry or applied for an electronic visa but has not yet been issued with an electronic visa when this law takes effect, the Law No. 47/2014/QH13 on Entry, Exit, Transit and Residence of Foreigners in Vietnam amended by Law No. 51/2019/QH14 shall be applied.
Accordingly, 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 2023 takes effect from 15. August 2023.
See the entire Law on amendments to the Law on Immigration 2023 here
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