Can children of Vietnamese people residing overseas be exempted from visas?

Can children of Vietnamese people residing overseas be exempted from visas?

Article 2 of Decree 82/2015/ND-CP stipulates as follows:

1. Vietnamese people residing overseas and foreigners who are spouses, children of Vietnamese people residing overseas or of Vietnamese citizens.

2. Relevant organizations and individuals.

According to Article 12 of the Law on Entry, exit, transit, and residence of foreigners in Vietnam 2014 supplemented by Clause 7 Article 1 of the Law on Entry, exit, transit, and residence of foreigners in Vietnam Amendment 2019 stipulates cases of visa-free entry, specifically as follows:

1. The cases prescribed in international agreements to which Vietnam is a signatory.

2. Permanent residence cards and temporary residence cards are used in accordance this Law.

3. Entry to checkpoint economic zones, special administrative - economic units.

3a. Entering coastal economic zones decided by the Government if fully satisfying following conditions: having international airports; having private space; having defined geographical border and separate from inland; in conformity with socio-economic development policies and not harming national defense and security, social safety and order of Vietnam.

4. Under regulations in Article 13 of this Law.

5. Vietnamese people residing overseas who have passports or laissez-passers issued by foreign authorities, foreigners being their spouses or children; foreigners being spouses and children of Vietnamese citizens shall be granted visa-free entry as prescribed by the government.

According to this Article, if your child is a foreigner and is the child of a Vietnamese citizen, in this case your child will be exempted from visa in accordance with Vietnamese law.

If foreigners have temporary residence cards in Vietnam, can they sponsor foreigners to enter Vietnam?

According to Article 14 of the Law on Entry, exit, transit, and residence of foreigners in Vietnam 2014, entities that invite or sponsor foreigners, specifically as follows:

1. Entities that invite or sponsor foreigners to enter Vietnam (hereinafter referred to as inviting entities) according to Clause 2 Article 10 of this Law include:

a) Secretary General of Vietnam’s Communist Party, the President of Vietnam, the President of the National Assembly, the Prime Minister;

b) Standing members of the Secretariat of Vietnam’s Communist Party, Deputy President of Vietnam, Deputy President of the National Assembly, Deputy Prime Minister, President of Central Committee of Vietnamese Fatherland Front, Executive Judge of The People’s Supreme Court, the Chief Procurator of the Supreme People’s Procuracy, State Auditor General; Ministers and the equivalent, Secretary Generals of provincial Communist authorities, Presidents of the People’s Councils, Presidents of the People’s Committees of provinces;

c) The agencies and units affiliated to Central Communist Party Agency of Vietnam, agencies of the National Assembly, agencies affiliated to Standing Committee of the National Assembly, Central Committee of Vietnamese Fatherland Front, The People’s Supreme Court, the People’s Supreme Procuracy, State Audit Agency, ministerial agencies, Governmental agencies;

d) Provincial communist parties, the People’s Councils, the People’s Committees of provinces;

dd) Central agencies of socio-political organizations, social organizations, Vietnam Chamber of Commerce and Industry;

e) Companies established within Vietnam’s Law;

g) Diplomatic missions, consular offices, representative offices of international organizations affiliated to the UN, intergovernmental organizations in Vietnam;

h) Representative offices, branches of foreign traders; representative offices of other foreign economic, cultural, and professional organizations in Vietnam;

i) Other organizations with legal status as prescribed by Vietnam’s law;

k) Vietnamese citizens residing in Vietnam, foreigners having temporary residence cards or permanent residence cards.

2. The aforementioned entities must invite or sponsor foreigners within the functions, tasks, and entitlements prescribed by law or by the operating licenses issued. Vietnamese citizens residing in Vietnam, foreigners having temporary residence cards or permanent residence cards may invite or sponsor foreigners to visit Vietnam, and must present papers proving their relationship with the persons invited or sponsored.

With the above regulations, foreigners who have temporary residence cards in Vietnam cansponsor foreigners to enter Vietnam.

In which cases are foreigners issued with a visa at a border checkpoint in Vietnam?

Pursuant to Clause 1, Article 18 of the Law on Entry, exit, transit, and residence of foreigners in Vietnam 2014 stipulates visa issuance at border checkpoints, as follows:

1. A foreigner shall be issued with a visa at a border checkpoint in the following cases:

a) The foreigner departs from a country that does not have any visa-issuing authority of Vietnam;

b) The foreigner has to stop by multiple countries before arriving at Vietnam;

c) The foreigner comes to Vietnam to take a tour organized by an international tourism company in Vietnam;

d) Foreign crewmembers of a ship anchoring at a Vietnam’s port and wish to leave Vietnam through another border checkpoint;

dd) The foreigner comes to Vietnam to attend a funeral of his/her relative, or to visit a gravely ill relative;

e) The foreigner comes to Vietnam to participate in dealing with an emergency, rescue, prevention of natural disasters, epidemics, or for another purpose at the request of a competent authority of Vietnam.

Thus, foreigners will be issued with a visa at a border checkpoint if they fall into one of the above cases according to the provisions of Vietnamese law.

Best Regards!