To increase the temporary residence period in Vietnam to 45 days for citizens from 13 countries

To increase the temporary residence period in Vietnam to 45 days for citizens from 13 countries (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. To increase the temporary residence period in Vietnam to 45 days for citizens from 13 countries

On August 14, 2023, the Government issued Resolution 128/NQ-CP amending Resolution 32/NQ-CP in 2022 on visa exemption for citizens of some countries.

Resolution 128/NQ-CP provides for visa waiver of some countries 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

Thus, compared with Resolution 32/NQ-CP dated March 15, 2022, the temporary residence period for citizens of the above countries will be increased from 15 days to 45 days.

2. Cases of visa-free entry

According to Article 12 of the Law on Entry, exit, transit, and residence of foreigners in Vietnam 2014 (amended in 2019), the following cases are exempted from visa:

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

- Permanent residence cards and temporary residence cards are used in accordance the Law on Entry, exit, transit, and residence of foreigners in Vietnam 2014 (amended in 2019).

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

- 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.

- Under regulations in Section 3.

- 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.

3. Unilateral visa-free entry in Vietnam

- 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.

- 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.

- 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.

(Article 13 of the Law on Entry, exit, transit, and residence of foreigners in Vietnam 2014 (amended in 2019))

4. Cases in which visas are issued separately in Vietnam

Cases in which visas are issued separately include:

- The passport has no more blank pages to issue visa.

- The passport is issued by a government that has not had a diplomatic relation with Vietnam.

- Laissez-passer.

- For reasons of diplomacy, or national defense and national security.

- Visas shall be issued according to lists issued by immigration authorities with respect to foreigners visiting and travelling or transiting by sea who have the need to enter inland for visiting and tourism purposes according to programs organized by international tourism enterprises in Vietnam; members of foreign military ships travelling under official programs of tours outside of central-affiliated cities and provinces where their ships anchor.

Members of foreign military ships following the official operation program of the visit outside the province or city directly under the central government where the ship or boat is anchored.

(Article 11 of the Law on Entry, exit, transit, and residence of foreigners in Vietnam 2014 (amended in 2019))

Nguyen Ngoc Que Anh

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