What are the regulations on the application for issuance of certificate of visa exemption for Vietnamese residing abroad? – Duc Thinh (Binh Dinh)
Application for issuance of certificate of visa exemption for Vietnamese residing abroad (Internet image)
Regarding this issue, LawNet would like to answer as follows:
According to Article 6 of Decree 82/2015/ND-CP, each applicant for the certificate of visa exemption shall submit 01 application which consists of:
- The passport or another international travel document, or a permanent residence permit issued by an authority of the foreign country to the Vietnamese person residing therein.
- An application form for issuance/reissuance of the certificate of visa exemption enclosed with 02 pictures (01 picture fixed on the application form).
- Documents proving eligibility for visa exemption:
= The applicant who is a Vietnamese person residing overseas shall submit a certified true copy (or a copy enclosed with the original for comparison) of one of the following documents: birth certificate, decision to permit renouncement of Vietnamese nationality or certification of loss of Vietnamese nationality, other documents showing/proving the person’s Vietnamese nationality;
= The applicant who is a foreigner shall submit certified true copies (or copies enclosed with the originals for comparison) proving that he/she is a spouse or child of a Vietnamese citizen or a Vietnamese person residing overseas;
= In case there are no papers proving that the applicant is a Vietnamese person residing overseas, the overseas visa-issuing authority of Vietnam shall examine the applicant’s documents which show that he/she is of Vietnamese descent to decide whether to accept the application.
According to Article 3 of Decree 82/2015/ND-CP, conditions for visa exemption for Vietnamese residing abroad are as follows:
(1) Has a passport or another international travel document that is still valid for at least one more year.
(2) Has documents proving that he/she is Vietnamese residing overseas and foreigners who are spouses, children of Vietnamese people residing overseas or of Vietnamese citizens.
(3) Not banned or suspended from entry or exit as prescribed in Article 21 and Article 28 of the Law on Entry, exit, transit, and residence of foreigners in Vietnam 2014.
- Cases of suspension from entry
= Any of the conditions in Clause 1 Article 20 of this Law is not satisfied.
= Children under 14 years of age without parents, guardians or authorized custodians.
= Forging papers or providing false information to obtain entry/exit/residence permit.
= Any person suffering from a mental disease or infectious disease that threatens the public health.
= Any person that was deported from Vietnam within the last 03 years.
= Any person that was compelled to leave Vietnam within the last 06 months.
= For reasons of epidemic prevention.
= For reasons of natural disasters.
= For reasons of national defense, national security, social order, and social safety.
- Cases of suspension from exit and duration of suspension
A foreigner may be suspended from exit in one of the following cases:
- He/she is currently the suspect, the accused, or the person with relevant obligations in a criminal case; a defendant or a person with relevant obligations in a civil case pertaining to business, employment, administration, marriage and familial affairs;
- He/she has to implement a judgment or decision of the Court or a Competition Settlement Council;
- His/her tax obligation is not fulfilled;
- He/she is obliged to implement a decision on penalties for administrative violations;
- For reasons of national defense and security.
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