The National Assembly has adopted amendments to its immigration law on November 25th, 2019. However theses new regulations will be applied from July 1st, 2020.
Important provisions that foreigners and enterprises organize the employment of foreign workers noteworthy. These regulations take effect from July 1st, 2020.
Legal grounds:
Pursuant to 2020.Law No. 51/2019 / QH14 amending and supplementing a number of articles of the Law on Entry, Exit, Transit, and Residence The amemdment in Vietnam was approved by the National Assembly on November 25, 2019 and officially takes effect from July 1, 2020.
I. On changing the purpose of Vietnam visa (Clause 4, Clause 5, Article 7)
Clause 4. Visas are not permitted to change purposes, except for the following cases:
- There are papers proving that the investor or the person Representing foreign organizations investing in Vietnam in accordance with the law of Vietnam.
- There are papers proving the relationship of parents, spouses, children with individuals who invite, guarantee;
- Being invited or guaranteed by an agency or organization and having a work permit or certification not subject to a work permit as prescribed by the labor legislation;
- Entering on an electronic visa and obtaining a work permit or certification not subject to a work permit as prescribed by the labor law.
Clause 5: In case of change of visa purpose as prescribed in Clause 4, a visa will be granted with a symbol and duration suitable to the purpose of conversion. New visa order and procedures.
II. New rules on the validity of visas for foreigners
- SQ, EV visas are valid for up to 30 days;
- NG1, NG2, NG3, NG4, LV1, LV2, DT4, DN1, DN2, NN1, NN2, NN3, DH, PV1, PV2 and TT visas are valid for up to 12 months;
- LĐ1 and LĐ2 visa is not longer than 02 years;
- ĐT3 visa is valid for up to 3 years;
LS, DT1 and DT2 visas are valid for up to 5 years.
III. Cases of temporary residence card issuance and temporary residence card symbol
- Cases of temporary residence card granting include:
- a) Foreigners being members of diplomatic missions, consular offices or representative offices representatives of international organizations of the United Nations, intergovernmental organizations in Vietnam and their spouses, children under 18 years of age, domestic servants accompanying their terms;
b) Foreigners on entry with visas with the symbols LV1, LV2, LS, DT1, DT2, DT3, NN1, NN2, DH, PV1, LD1, LD2, TT.
IV. The duration of the temporary residence card for foreigners
- is at least 30 days shorter than the remaining duration of the passport.
- The temporary residence card with the symbol DT1 is valid for not more than 10 years.
- Temporary residence cards with symbols NG3, LV1, LV2, LS, DT2 and DH are valid for not more than 05 years.
- Temporary residence cards with symbols NN1, NN2, ĐT3, TT are valid for not more than 03 years.
- The temporary residence cards with symbols LD1, LD2 and PV1 are valid for no more than 2 years.
- Expired temporary resident cards are considered for new cards.
V. Supplementing and amending a number of new regulations on electronic visas
From July 1st, the Government will allow the issuance of e-visas to citizens of 80 countries. Up to now Vietnam allowed foreign tourists to apply for electronic visa (e-visa) from February 1, 2017. The initial list of 40 countries was updated to 46 in December the same year and to 80 last year.
The international border gate will allow people to enter and exit with this type of visa.
Prime Minister Nguyen Xuan Phuc has just signed the Resolution 79 of the Government on the list of countries with citizens granted electronic visas; list of international border gates that allow foreigners to enter and exit with electronic visas.
The Government Resolution stated a list of 80 countries: Argentina, Armenia, Azerbaijan, Ireland, Iceland, Austria, Poland, Belarus, Belgium, Portugal, Bosnia and Herzegovina, Brazil, Brunei Darussalam, Bulgaria, United Arab Emirates, Kazakhstan, Canada, Qatar, Germany, Chile, Colombia, India, Czech Republic, Andorra, Liechtenstein, Monaco, Croatia, Cuba, Denmark, Cyprus, Timor Leste, Estonia, Georgia, Republic of Korea, United States of America, Hungary, Greece, Italy, Latvia, Russia, United Kingdom of Great Britain and Northern Ireland, Lithuania, Luxembourg, Micronesia, Malta, Macedonia, Mexico, Myanmar, Moldova, Mongolia, Montenegro, Nauru, Japan, New Zealand, Australia, Palau, Panama, Finland, France, Fiji, Philippines, Marshall Islands, Salomons Islands, Romania, Western Samoa, San Marino, Serbia, Spain, Sweden, Switzerland, China (including Hong Kong SAR and Macau SAR passport holders, not apply to Chinese e-passport holders), Uruguay, Vanuatu, Venezuela, Netherlands, Norway, Slovakia, and Slovenia.
The list of international border gates that allow foreigners to enter and exit with electronic visas includes: 8 aviation border gates, 16 land border gates and 13 sea border gates.
8 aviation border gates include: Noi Bai, Tan Son Nhat, Cam Ranh, Da Nang, Cat Bi, Can Tho, Phu Quoc and Phu Bai.
16 road border gates: Tay Trang (Dien Bien); Mong Cai (Quang Ninh); Huu Nghi (Lang Son); Lao Cai (Lao Cai); Na Meo (Thanh Hoa); Nam Can (Nghe An); Cau Treo (Ha Tinh) and Cha Lo (Quang Binh); La Lay, Lao Bao (Quang Tri); Bo Y (Kon Tum); Moc Bai and Xa Mat (Tay Ninh); Tinh Bien and Song Tien (An Giang); Ha Tien (Kien Giang).
13 sea border gates: Hon Gai and Cam Pha (Quang Ninh); Hai Phong (Hai Phong City); Nghi Son (Thanh Hoa); Vung Ang (Ha Tinh); Chan May (Thua Thien – Hue); Da Nang (Da Nang City); Nha Trang (Khanh Hoa); Quy Nhon (Binh Dinh); Dung Quat (Quang Ngai); Vung Tau (Ba Ria – Vung Tau); Ho Chi Minh City (Ho Chi Minh City); Duong Dong (Kien Giang).
VI. Tourist can only apply for 1 month visa
The law has officially categorized e-visa as EV with a term of no more than 30 days. The law also provides the procedure and requirements on the issuance of e-visa for foreign nationals.
After entering, tourists can apply for an extension once or multiple times, but the maximum stay is 90 days. After this period, they must leave the country and if they want to return to Việt Nam, they will have to apply for a visa again
VII. Changes forforeigner investor
Several changes to the categories of visas will occur as below:
The LS visa: issued to foreign lawyers practicing in Vietnam.
The investor visa (DT) and Temporary Residence Card (DT type) will be divided into 4 types depending on the investment amount of the company in Vietnam.
DT1:This shall be determined by the Government given to foreign investors and members of foreign organizations investing in Vietnam with a capital commitment of VND 100 billion or more or investing in sectors and trades eligible for investment incentives and investment incentives for geographical areas
DT2: it shall be determined by Government given to foreign investors and the representatives of foreign organizations investing in Vietnam with a capital contribution of VND 50 billion to 100 billion or invested in industries and branches encouraged to invest in development are decided by the Government.
DT3: issued to foreign investors in Vietnam and the representatives of foreign organizations in Vietnam with a capital contribution of VND 3 billion to VND 50 billion.
DT4: issued to foreign investors in Vietnam and the representatives of foreign organizations in Vietnam with a capital contribution of under 3 billion VND.
TRC duration will vary between 1 and 10 years depending on the investment amount.
The DN visa is divide 2 types:
DN1: issued to foreigners who work with other enterprises or organizations with legal status as regulations of Vietnamese law.
DN2: issued to foreigners entering Vietnam to service offering, the establishment of a commercial presence, and other activities under international treaties to which Vietnam is a party.
The working visa (LD) is divided into 2 types, too. For work permit holders and for work permit exemption holders.
CLARIFICATION:
THE LAWS ABOVE WERE VOTED LATELY IN 2019, THERE WERE OBVIOUSLY NOT MADE IN CONSIDERATION OF COVID19. AS BORDERS ARE REMAINING CLOSED, GOVERNMENT MIGHT ADJUST SOME OF THEM.
