Renew expired visas for foreigners during the Covid-19 period

Visa is a certificate issued by a competent Vietnamese state agency, allowing foreigners to enter Vietnam for immigration for a certain period of time depending on specific case. To be granted a visa, a foreigner must meet the conditions specified in the Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam 2014, such as: having a passport or valid international travel document, being invited or sponsored by agencies, organizations and individuals in Vietnam unless otherwise provided for by law and not in the cases where entry is not allowed. In some special cases, to be granted a visa, foreigners will have to present documents proving the purpose of entry. When the visa is about to expire, foreigners can apply for a new visa for immigration into Vietnam.

 

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In order to be issued a new visa, the foreigners need to prepare the following documents: application form for visa issuance; papers on the foreigners need to fully guarantee (if any); valid passport, other necessary proofs related to the purpose of entry and residence. After fully preparing the above documents, the foreigner shall submit the application at working offices of the Immigration Department – the Ministry of Public Security. The immigration officer receiving the dossier will check the dossier. If it is complete and valid, then he or she will receive the application and hand over the receipt, schedule a date to return the results. If the dossier is not valid, the dossier-receiving officer shall guide the submitter to supplement the dossier for completeness.

The result would be available within 05 days from the date of receipt of complete dossiers.  The person who comes to receive the result shall present the receipt, identity card or passport to the officer to check and compare, pay the fee and sign for receipt.

However, during the period of complicated developments of the Covid-19 epidemic, the Prime Minister and leaders of the Ministry of Public Security issued instructions on the implementation of “automatic extension of temporary residence” for foreigners affected by the Covid-19 epidemic. Accordingly, foreigners entering under the visa exemption category, entering with an electronic visa or a tourist visa from March 1, 2020 until now, will continue to have their temporary residence extended until the end of August 31, 2021 and can leave the country within the above time limit without having to carry out procedures for extension of temporary residence.

In case a foreigner who entered the country before March 1, 2020 if he/she can prove that he is trapped due to Covid-19, being certified by the diplomatic mission or has a written confirmation from the competent authority of Vietnam about the isolation and treatment of Covid-19 or other force majeure reasons, is also considered to apply “automatic extension of temporary residence” until the end of August 31, 2021.

ANT Lawyers – A Law Firm in Vietnam with international standard, local expertise and strong international network. We focus on customers’ needs and provide clients with a high quality legal advice and services. For advice or services request, please contact us via email ant@antlawyers.vn, or call us +84 24 730 86 529.

 

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How Foreigners Can Extend Visa in Vietnam During Covid-19

Since the beginning of 2020, due to the impact of the Covid-19 epidemic, many foreign nationals entering Vietnam on a visa-free basis, entering with an e-visa or a tourist visa have been “stuck” in Viet Nam. In addition, Vietnam is restricting the issuance of new visas to foreign citizens to focus on the prevention of the Covid-19 epidemic, hence many foreign citizens in Vietnam cannot apply for a new visa, even though their visas have expired. Many foreigners have been concerning whether they can extend visa in Vietnam and seek help from best immigration lawyers in Vietnam for such queries.

 

 How Foreigners Can Extend Visa in Vietnam During Covid-19

To ensure the legal residence of these foreign citizens during the time when the world is facing the Covid-19 epidemic, Vietnam has “automatically extended temporary residence” status for foreign citizens in the above categories from March 01^st, 2020 to the end of December 31, 2021. Foreign nationals who are automatically extended temporary residence do not need to apply for a new visa, however, they will renew their temporary residence every month to legally reside in Vietnam.

The automatic extension of temporary residence is also applied to cases of entry before March 01st, 2020 if they can be proven to be stranded due to the Covid-19 epidemic, certification of the Diplomatic missions by Diplomatic note (with Vietnamese translation) or a written certification from a Vietnamese competent authority about being isolated, treated for Covid-19 or other force majeure reasons.

In addition, to be automatically extended temporary residence, foreign citizens eligible for automatic extension of temporary residence must make temporary residence declaration and medical declaration according to regulations. In addition, foreign citizens need to comply with and not violate the law in Vietnam.

Automatic extension of temporary residence will help foreign citizens save time, cost, and travel restrictions during the outbreak of the pandemic as complex as it is today. However, the extended period of temporary residence is normally 30 days, hence the foreigners need to carry out the procedure to extend their temporary residence every month according to the notice of the Immigration Department.

In cases of extension of temporary residence, foreign citizens are allowed to temporarily reside in Vietnam for the permitted period and exit without declaration. After exiting the country, if they wish to return to Vietnam, foreign citizens must apply for a new visa in accordance with the law.

ANT Lawyers – A Law Firm in Vietnam with international standard, local expertise and strong international network. We focus on customers’ needs and provide clients with a high quality legal advice and services. For advice or services request, please contact us via email ant@antlawyers.vn, or call us +84 24 730 86 529.

 

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Temporarily Stop Granting Work Permits to Foreigners Originating from Infected Area Because of Covid-19

An outbreak of acute respiratory infections caused by a new strain of Corona virus (nCoV) was first detected in Wuhan City, Hubei Province, China in December 2019. Up to now, the disease has spread to many cities in China and more than 20 countries in the world including Vietnam. Facing new complicated movements of the acute respiratory disease epidemic caused by a new strain of Corona virus (Covid-19), on February 2nd, 2020, the Vietnam Minister of Labor, War Invalids and Social Affairs issued Official Dispatch No. 01/CD-LDTBXH on strengthening measures to prevent and control Covid-19 epidemics through the tighter control of immigration process, including the grant of visa, work permit, temporary residence card for foreigners originating from infected area.

Accordingly, the Ministry of Labor, War Invalids and Social Affairs shall propose the Employment Department and the Department of Labor, War Invalids and Social Affairs, the Management Boards of industrial parks, export processing zones and economic zones of localities to temporarily stop granting work permit for foreign workers from epidemic areas during the time when Vietnam declared the disease. This affects the entry into Vietnam of foreign workers who have not yet been granted a work permit under the law. According to Article 10 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014; Point c Clause 4 Article 1 of the Law on Entry, exit, transit and residence of foreigners in Vietnam amended in 2019; Clause 16, Article 1 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam amended in 2019 foreign workers to be granted LD1, LD2 visas and temporary residence cards of the same type, should be issued with a work permit in Vietnam. In addition, foreign investors in Vietnam are also affected, because the temporarily stoppage of granting of work permits will also affect the application for certification of foreign workers’ eligibility for exemption from work permit for investors, it also affects the foreign investor’s temporary residence card application.

In addition, it is required that enterprises and organizations employing foreign workers to temporarily stop accepting workers from China returning Vietnam after Tet holiday to work and foreign workers moving to endemic areas during the Covid-19 epidemic announcement. In case of having received such, the enterprise must report the list of employees who have just returned to Vietnam from China with the necessary information as required, carry out isolation measures at places of residence and workplaces under the guidance of the health authorities, and at the same time monitor and examine health within 14 days from the date of entry into Vietnam.

Labour lawyers at ANT Lawyers shall closely monitor the changes of labour law to provide client with update.

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Highlights in the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2020

Foreigners investing in Vietnam need to travel to Vietnam on investment purpose with the right visa supporting their purpose to comply with the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam.

On November 25, 2019, the XIV National Assembly officially passed the Law on Entry, exit, transit, and residence of foreigners in Vietnam amended in 2019. This amendment provides many new highlights about the immigration of foreigners.

What are visas suitable for the investors?

Investor visa is divided into 04 categories: DT1, DT2, DT3 and DT4. The classification is based on invested capital and investment industry. For example, DT1 visas are issued to foreign investors in Vietnam and representatives of foreign organizations investing in Vietnam with a capital contribution of VND 100 billion or more or investment in preferential industries and trades. Investment and geographical areas eligible for investment incentives are decided by the Government.

How electronic visa can be applied and issued?

Visas issued through electronic transactions are electronic visas. Foreigner and the agency or organization sponsoring for a foreigner has the right to apply for an electronic visa. Immigration authorities shall consider, process and respond to applicants for electronic visas at the e-visa information page within 03 working days from the date of receipt of sufficient information for electronic visa application and visa fee.

How to change visa type caused by change of immigration purpose?

Currently, the visa type corresponding to purpose of immigration of foreigners in Vietnam cannot be changed. In case a foreigner wishes to change visa purposes, he / she must exit Vietnam and apply for a new visa supporting the new purpose making foreigners facing challenges to manage their work, and life and associated costs and time. However, according to the provisions of new the Law on entry, exit, transit, and residence of foreigners in Vietnam, there are 03 cases of visa conversion purposes: i) have proof of being an investor or representatives of foreign organizations investing in Vietnam according to the provisions of Vietnamese law; ii) have documents proving that the relationship being father, mother, wife, husband, children with the applicant; iii) being invited or sponsored by an agency or organization or working with an electronic visa, having a work permit in Vietnam or certifying that it is not subject to a work permit as prescribed by the Labor Code. In these cases, the foreigner would be granted a new visa with the symbol and duration suitable to the purpose of conversion.

What are additional visa exemption conditions in Vietnam?

Besides inheriting the previous provisions, the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam amended in 2019, adding one more case visa exemption. Foreigners entering coastal economic zones under decisions of the Government and meeting the following conditions: having an international airport; having a separate space; having definite geographical boundaries, separated from the mainland; in accordance with the socio-economic development policy and without prejudice to national defense, national security, social order and safety of Vietnam, visa exemption is required upon entry.

What conditions qualify foreigners for Temporary Residence Card in 2020?

The duration and type of temporary residence cards are granted based on the contributed capital. Accordingly, the duration of temporary residence card DT1 for foreigners investing in Vietnam through direct investment of setting up company, obtaining investment registration certificate, with a capital contribution of 100 billion or more has a term of no more than 10 years. Temporary residence card with the symbol DT2 granted to investors contributing capital from VND 50 billion to less than VND 100 billion has a term of no more than 05 years. Temporary residence card with the symbol DT3 for investors with contributed capital valued from 03 to billion to less than 50 billion dong with duration not exceeding 03 years. And investors using DT4 visas with a capital contribution of less than 03 billion VND are not allowed to be issued temporary residence cards in Vietnam. It is important for foreigners falling under the DT4 category to consult with immigration lawyers in Vietnam to receive advice on proper advice when considering investing less then 03 billion VND.

The Law on entry, exit, transit, and residence of foreigners in Vietnam amended in 2019, will be effective from July 1, 2020.

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The procedure for issuing and extending investment visa

Investment visa which is symbolized as DT, is granted to foreign investors who establish or contribute capital to companies operating in Vietnam with the maximum time limit for each grant is no more than 01 year. The issuance of investment visas for foreigners must comply with the provisions of the Law on entry, exit, transit, and residence of foreigners in Vietnam 2014 and Circular 14/2015 / TT-BCA.

According to the current law, in order to be granted a investment visa, the foreign investor need to prepare 01 set of documents including: Certified copy of Business License / Investment License; certificate of seal sample registration or the Notice of posting information about the seal sample of the enterprise on the national portal of enterprise registration; registration of seal sample and signature of the legal representative of the enterprise operating in Vietnam (form NA16); visa application form, visa extension, temporary residence extension for foreigners in Vietnam (form NA5); The original passport is valid as prescribed and the temporary residence registration is required. The dossier is fully prepared and submitted at the Immigration Department of the province where the enterprise is located. The time limit for settlement is 05 days from the date of receipt of complete and valid dossiers.

If foreign investors want to extend the visa, they must apply for the extension within 06 months before the expiration date. Dossiers include: Original passport (valid for at least 06 months); NA5 visa application form; investment certificate, business registration certificate; power of attorney (if any). Dossiers of application for extension of temporary residence visas for foreigners shall be submitted at the Immigration Department or the Immigration Department of the Public Security of the city/province where the enterprise or organization is headquartered. Time for returning results is no more than 5 working days. The investment visa is extended once for no more than 01 year.

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Temporary residence card for foreigner

After appropriate entry into Vietnam, if the investor, the employee needs to reside in Vietnam to be able to facilitate the implementation of investment, labor, the investor and the employee needs to apply Temporary residence card in accordance with the purpose of his/her residence.

Temporary residence card is a document issued by an immigration authority or a competent authority of the Ministry of Foreign Affairs to a foreigner who is permitted to reside for a limited period of time in Vietnam and is valid for visa replacement. When a temporary residence card is available, the investor or foreign worker will present a temporary residence card instead of a visa when entering / leaving Vietnam and legally residing in Vietnam.

To avoid administrative fines or deportation for violations of the law on residence in Vietnam, foreign investors and employees need to follow procedures for applying for a temporary residence card suitable for the purpose of entry (symbol visa). Investors, employees who have appropriate entry visas (DT or LD visa) will be considered by the Immigration Authority to grant a temporary residence card.

For the application for a temporary residence card that requires the investor, the employee needs to have all business documents, proving that it is eligible to sponsor a foreigner and enter the country for the right purpose. Request a Certification of exemption from a work permit / work permit, entry visa for the right purpose, legal residence address in Vietnam.

When all of the above conditions are met, investors and employees shall carry out the procedures for applying for temporary residence cards in Vietnam so that they can reside, leave and enter in accordance with law. The duration of the temporary residence card is issued pursuant to the purpose of entry and the proposal of agencies, organizations and individuals. The temporary residence card is from 1 to 5 years but shorter than the passport duration by at least 30 days, specifically:

- Temporary residence cards with symbols NG3, LV1, LV2, ĐT and DH are valid for no more than 05 years.

- Temporary residence cards with symbols NN1, NN2, TT are valid for not more than 03 years.

- Temporary residence cards with the symbol LD and PV1 are valid for no more than 02 years.

When the temporary residence card expires, the foreign individual will be considered for a new card.

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How Foreigners Could Obtain Residence in Vietnam Through Investment Scheme?

Foreigners could reside in Viet Nam under permanent residence or temporary residence status. In particular, foreign investors establishing or contributing capital to companies operating in Vietnam are subject to have temporary residence cards.

A Temporary Residence Card is the required document for the foreigners to legally stay temporarily in Viet Nam and the maximum term of a card is 05 years. The following will explain how Temporary Residence Card can be obtained in Vietnam through investment.

What are conditions for foreign investors to be granted temporary residence card?

Foreigners whom are granted a visa with a DT sign will be considered for a temporary residence card. The foreigners will need to apply for work permit exemption from authorities in Vietnam. The passport of foreigners has a minimum term of 13 months. Documents proving that foreigners contribute capital to, or invest in, enterprises in Vietnam for instance business registration certificates, investment registration certificates will be required. The foreigners will also need to provide clean criminal record card.

What required documents to be prepared for application for temporary residence card?

1. 01 Document requesting temporary residence card of guarantor ( form NA6 for agencies, organizations; form NA7 for individuals)

2. 01 Information form for a temporary resident card (form NA8)

3. 02 photos (image size 2×3 cm);

4. 01 Copy of passport and a valid visa (bring an original for comparison);

5. 01 Notice of use of the seal of the enterprise.

6. 01 Document introducing seal, signature of the authorized person of the organization (form NA16)

7. 01 Copy of legal ducuments of organizations to prove purpose to be granted temporary residence card, such as: investment registration certificate, business registration certificate.

How long it takes to apply for temporary residence card?

After 5 working days since receiving sufficient documents, state agencies will consider and issue temporary residence cards.

What are procedures to apply for temporary residence card?

Step 1: Prepare documents as prescribed by law.

Step 2: Submit application file

The officer receiving the application will check the legality and the content of the file. If the application is complete and valid, the officer receives the application and prints a receipt for the submitter.

Step 3: Return results

What state authorities to apply for temporary residence card?

Immigration Management Department of province or cities where the investment is registered.

Some difficulties when carrying out the procedure

Everyone can apply for a temporary residence card by themselves, but not all cases are eligible for a temporary residence card. When applying for a temporary residence card, have some difficulties like: the visa is not for right purposes; foreigners don’t understand the required documents, procedures for applying for temporary residence card so that you don’t know how to write the declaration of temporary residence card; have confusion about the declaration form used for individuals and agencies, organizations…. For result, application file is invalid and will be returned. You will have to go to implementing agencies many times to complete application file, which is costly, laborious, time-consuming but not yet available. Therefore, foreigners need the assistance of a reputable law firm to carry out the procedure effectively to be granted temporary residence card.

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Procedures to Apply for Temporary Residence Card in Vietnam

Visa Lawyers in Vietnam

For foreigners wishing to reside in Vietnam, they must belong to the subjects to be granted temporary residence card. For most of the case, the temporary residence card holder are investors whom invest to establish company in Vietnam, or employee being employed and sponsored by an organization in Vietnam.

The following shall details the procedures to be implemented for applying for temporary residence card in Vietnam.

I. Subjects to be Granted Temporary Residence Card

-Issued to members of diplomatic missions, consular offices, representative offices of international organizations affiliated to the UN, representative offices of intergovernmental organizations and their spouses, children under 18 years of age, and housemaids during their term of office. (NG3)

-Issued to people who come to work with units affiliated to Vietnam’s Communist Party; the National Assembly, the government, Central Committee of Vietnamese Fatherland Front, the People’s Supreme Court, the People’s Supreme Procuracy, State Audit Agency, Ministries, ministerial agencies, Governmental agencies, the People’s Councils, the People’s Committees of provinces. (LV1)

-Issued to people who come to work with socio-political organizations, social organizations, Vietnam Chamber of Commerce and Industry. (LV2)

-Issued to foreign investors in Vietnam and foreign lawyers practicing in Vietnam. (DT)

-Issued to Managers of representative offices or projects of international organizations and foreign non-governmental organizations in Vietnam. (NN1)

-Issued to heads of representative offices, branches of foreign traders, representative offices of other foreign economic, cultural, professional organizations in Vietnam. (NN2)

-Issued to people who come to study or serve internship. (DH)

-Issued to journalists who have permanent residences in Vietnam. (PV1)

-Issued to people who come to work. (LD)

-Issued to foreigners that are parents, spouse, and children under 18 years of age of the foreigners issued with LV1, LV2, DT, NN1, NN2, UNIVERSITY, PV1, LD visas, or foreigners that are parents, spouse, and children of Vietnamese citizens. (TT)

II. Conditions for Implementation

-Time to stay in Vietnam more than 01 year;

-Valid passport more than 01 year;

-In case of having a work permit, the work permit of the foreigner must be valid for 01 year from the date of the application for a temporary residence card. For investors, there must be written documents proving that foreigners contribute capital to, or invest in, enterprises in Vietnam (business registration certificates, investment licenses …).

III. Required Documents to Apply Temporary Residence Card

-A written request of agencies, organizations and individuals offering, guarantee and propose for temporary residence card (form NA7)

-01 declaration of information of foreigners who apply for temporary residence, with photos and sealed by the agency or organization: A written request for temporary residence card (Form NA8); a declaration about Foreigners applying for temporary resident card (Form N7B)

-Two 3 x4 cm size photographs;

-Passport, valid visa, immigration cards (bring original for comparison);

-Notice of use of the seal of the enterprise

-01 copies or photo (bring the original for comparison) proof of purpose to stay in Vietnam.

Depending on situations, the following documents would be required: investment licenses, permits the establishment of enterprises, work permit in Vietnam, certificate of board members and permits the establishment of representative offices, marriage/birth registration.

IV. Implementing Agencies to Apply Temporary Residence Card:

Immigration management Department, Police provinces and cities directly under the Central Government.

V. Duration to Obtain Temporary Residence Card in Vietnam: 05 to 07 days;

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Change of Headquarter of Da Nang Immigration Department

As of August 2018, according to the project for rearranging the administrative function of the Government and the Ministry of Public Security, Immigration Department of Da Nang has been merged into Immigration Department of Hanoi. Therefore, the procedures related to entry, exit of Vietnamese citizens and foreigners such as issuing visa, exempting visa, temporary residence card, permanent residence in Da Nang shall be implemented in Immigration Department of Hanoi.

Relating to the dossier and procedures carried out at the Immigration Department of Da Nang such as issuing passport, temporary residence card, permanent residence, the application shall be submitted to Immigration Department of Da Nang. Thereafter, this agency shall transfer such dossier to Immigration Department of Hanoi for approval. Finally, the results shall be returned to Da Nang.

For most of immigration procedures which used to be implemented in Immigration Department of Da Nang, such as issuing visa, the applicant shall submit dossier directly to Immigration Department of Hanoi. The change could possibly add up processing time, and inconvenience if there is requirement for re-submission, amendment and supplement.

ANT Lawyers law firm offer offices in both Hanoi and Da nang, there fore could facilitate the process for individuals and businesses to register entry, residence permit in Da Nang for the smooth experience, to assist foreigners entering Vietnam doing business, setting up company and making investment.

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