[New] Major changes in Vietnam Immigration Policy since July 1, 2020

[New] Major changes in Vietnam Immigration Policy since July 1, 2020

June 24, 2020 12 By Mi Pandora

We will supply you with information about a detailed analysis of major changes in Vietnam Immigration polic in this article below. This law will take effect since July 1, 2020.

On June 2, 2020, the Immigration Management Department held a conference to popularize and grasp the Law amending and supplementing a number of articles of the Law on entry, exit, transit, and residence of foreigners in Vietnam for more than 140 officials and soldiers of the Department’s units.

The new Law No. 51/2019/QH14 which will take effect on July 1, 2020 is in concern by various foreigners who are currently in Vietnam or will visit Vietnam in the future. They need to know more about this changes because it covers some major changes in Vietnam visa and Vietnam temporary residence card.

What are major changes in Vietnam Immigration Policy since July 1, 2020?

Change related to types and codes of Vietnam visa

[New] Major changes in Vietnam Immigration Policy since July 1, 2020

There are 20 types and codes of Vietnam visa in current law but since July 1, 2020, this number increase to 21 types and codes with more sub-codes.

Law No. 47/2014/QH13

Law No. 51/2019/QH14

NG4– to be granted to people who come to work with diplomatic missions, consular offices, and representative offices of international organizations affiliated to the UN, representative offices of intergovernmental organizations, visitors of members of diplomatic missions, consular offices, representative offices of international organizations affiliated to the UN, and representative offices of intergovernmental organizations.

NG4– to be granted to people who come to work with diplomatic missions, consular offices, and representative offices of international organizations affiliated to the UN, representative offices of intergovernmental organizations and their accompanying spouse/children under 18 years old, visitors of members of diplomatic missions, consular offices, representative offices of international organizations affiliated to the UN, and representative offices of intergovernmental organizations.

ĐT – to be granted to foreign investors in Vietnam and foreign lawyers practicing in Vietnam.

LS – to be granted to foreign lawyers practicing in Vietnam.

ĐT1 – to be granted to foreign investors in Vietnam and representatives of foreign organizations investing in Vietnam with capital contribution of at least VND 100 billion, or investing in the business fields and areas of investment incentives decided by the Vietnam Government.

ĐT2 – to be granted to foreign investors in Vietnam and representatives of foreign organizations investing in Vietnam with capital contribution of VND50 – under VND 100 billion, or investing in the business fields of investment encouragement decided by the Vietnam Government.

ĐT3 – to be granted to foreign investors in Vietnam and representatives of foreign organizations investing in Vietnam with capital contribution of VND3 – under VND 50 billion.

ĐT4 – to be granted to foreign investors in Vietnam and representatives of foreign organizations investing in Vietnam with capital contribution of less than VND3 billion.

– to be granted to people who come to work

LĐ1 – to be granted to foreigners who come to work in Vietnam with work permit exemption certificate, unless otherwise provided for in international treaties to which Vietnam is a member.

LĐ2 – to be granted to foreigners who must have work permit to work in Vietnam.

TT – to be granted to foreigners that are parents, spouse, children under 18 years of age of the foreigners issued with LV1, LV2, ĐT, NN1, NN2, DH, PV1, LĐ visas, or foreigners that are parents, spouse, children of Vietnamese citizens.

TT – to be granted to foreigners that are parents, spouse, children under 18 years of age of the foreigners issued with LV1, LV2, LS, ĐT1, ĐT2, ĐT3, NN1, NN2, DH, PV1, LĐ1, LĐ2  visas, or foreigners that are parents, spouse, children of Vietnamese citizens.

EV – newly added – Electronic visa.

Change about the tourist visa validity

[New] Major changes in Vietnam Immigration Policy since July 1, 2020

According to this new Law No. 51/2019/QH14, visitors who enter Vietnam will be issued a temporary residence stamp upon arrival with the duration of stay matching their visas. However, with the tourist visa having for more than 30 days of validity, tourists are only given a 30-day temporary residence stamp and they may consider extending visa every 30 days if they do not want to leave Vietnam.

Change of visa status without leaving the country for eligible foreigners

The new law also gives provisions on cases of conversion of visa purposes. Currently, if a visa holder wants to change his/her visa to another type/category, he/she needs to leave Vietnam and enter again under the new visa but now they can change visa purpose without exiting Vietnam, specifically:

  • Having proof of being an investor or a representative of a foreign organization investing in Vietnam in accordance with the law of Vietnam.

  • Have documents proof of being a parent, spouse or child with an inviting or guarantee individual.

  • Being invited or guaranteed to enter Vietnam by agencies or organizations and having work permits or certifications of work permit exemption.

  • Entering with an e-visa and obtaining a work permit or certification of work permit exemption as prescribed by the labor law.

  • Thanks to this change, more foreigners now can be able to change their visa status without leaving Vietnam, making it easier to transition to long-term visa status.

Change in Vietnam visa exemption

[New] Major changes in Vietnam Immigration Policy since July 1, 2020

Provisions on visa exemption for 30 days’ temporary residence for foreigners who enter coastal economic zones under the Government’s decision when meeting all conditions:

  • having an international airport,

  • having their own space;

  • having defined geographical boundaries and be separate from the mainland;

  • being in line with socio-economic development policies while posing no threat to national defense, security, social order and safety of Vietnam.

Moreover, the new law also abolish the rule that “foreigners entering Vietnam unilaterally on a visa-free basis must be at least 30 days from the time of their previous exit from Vietnam” to create conditions for foreigners to enter Vietnam on a unilateral visa exemption, then go to a third country and return to Vietnam to continue traveling. That means citizens from Belarus, Denmark, Finland, France, Germany, Italy, Japan, Korea, Norway, Russia, Spain, Sweden, and the United Kingdom who enter Vietnam with unilateral visa exemption can enter this country at any time with 15-day visa exemption from July 1, 2020.

Change on Vietnam temporary card which take effect on July 1, 2020

[New] Major changes in Vietnam Immigration Policy since July 1, 2020

Due to more codes of Vietnam visa as mentioned above, there will be more codes for Vietnam temporary card. Now the eligible applicants can apply for Vietnam temporary residence card of either of the following codes which matches to their visa code, including NG3, LV1, LV2, LS, ĐT1, ĐT2, ĐT3, NN1, NN2, DH, PV1, LĐ1, LĐ2, TT.

Law No. 47 only stipulates a type of visa, temporary residence cards with the ĐT symbol for a period of 5 years. According to this new law, based on the amount of investment capital, sectors, trades, geographical areas, incentives, investment incentives for granting visas that temporary residence cards will be granted a time limit and appropriate symbols. There are also some changes in the validity of those temporary residence cards specifically as follows:

  • TRC with ĐT1 code: valid for up to 10 years,

  • TRC with NG3, LV1, LV2, LS, ĐT2 and DH: valid for up to 05 years,

  • TRC with NN1, NN2, ĐT3 and TT: valid for up to 03 years,

  • TRC with LĐ1, LĐ2, and PV1: valid for up to 02 years.

However, same as the current Law No. 47/2014/QH13, the temporary residence card validity will be 30 days shorter than the remaining validity of the applicant’s passport.

Legal sources

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