IF A PASSPORT IS ABOUT TO EXPIRE, IS IT STILL POSSIBLE TO OBTAIN A VISA?
QUESTION
Dear TLK Law Firm, we hope that your company will answer the following question: I am a Chinese person who wants to go to Vietnam to work. I am preparing to go through the visa process but my passport is about to expire. So let me ask, can I get a visa if my passport is about to expire? Looking forward to your company's answer. Thank you!
RELATED ARTICLES
1. If a passport is about to expire, is it still possible to obtain a visa?
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3. What is a visiting visa? Who are eligible to be issued and sponsored for a Vietnam visit visa?
Thank you for your trust and sending questions to TLK Law Firm. Based on legal regulations and practical solutions, we would like to send you the following consulting content:
LEGAL BASIS
1. Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam No. 47/2014/Qh13 passed by the National Assembly on June 16, 2014;
2. Law amending and supplementing a number of articles of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam No. 51/2019/QH14 passed by the National Assembly on November 25, 2019;
3. Circular No. 04/2015/TT-BCA issued by the Ministry of Public Security on January 5, 2015 stipulating sample documents related to the entry, exit, and residence of foreigners in Vietnam;
4. Circular No. 31/2015/TT-BCA issued by the Ministry of Public Security on July 6, 2015 guiding a number of contents on visa issuance, temporary residence card issuance, entry and exit permits, and handling Permanent residence for foreigners in Vietnam;
6. Other legal documents providing relevant guidance.
CONSULTATION CONTENT
One of the most important purposes of a visa is to manage immigration activities. The application of visas helps limit illegal migration and ensures that the number of migrants entering the country is controlled. In Vietnam as well as other countries, visas are an important basis for checking and verifying the identity of people entering the country. This helps prevent people who intend to cause harm or are involved in illegal activities from entering the country, ensuring the safety and protecting the interests of citizens in the country. Basically, a passport is a necessary document for foreigners to carry out visa application procedures when they need to enter Vietnam. However, in some cases, the passport is about to expire, so you are very hesitant when carrying out the procedure because you do not know whether the passport is about to expire and can get a visa or not. Through the article below, we - TLK Law Firm will help you answer questions related to whether an expired passport can get a visa?
Photo 1. If a passport is about to expire, is it still possible to obtain a visa?_ Hotline: 0972118764
I. SOME IMPORTANT LEGAL ISSUES RELATED TO THE TERM OF PASSPORT WHEN MAKING A VISA
1. What is a passport? What is a Visa?
ccording to the provisions of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 (amended and supplemented in 2019), a passport is understood as a document determining foreign nationality issued by foreign or United Nations authority, including passports or valuable documents in lieu of passports.
Pursuant to the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 (amended and supplemented in 2019), a visa is a type of document issued by a competent Vietnamese agency for Allow foreigners to enter Vietnam.
Visas are divided into many types and are issued according to the subject and purpose of entry.
=>See more: What is a work visa? What are the conditions for applying for a work visa for foreign workers?
2. If a passport is about to expire, is it still possible to obtain a visa?
Pursuant to the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 (amended and supplemented 2019), foreigners wishing to enter Vietnam to be granted a visa must meet the following requirements: following conditions:
(1) Have a passport or valid international travel documents;
(2) There is an agency, organization or individual in Vietnam inviting or sponsoring, except for cases specified in the Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam 2014 (amended, added in 2019);
(3) Not in the cases that have not yet allowed entry;
(4) In the following cases, visa applications must have documents proving the purpose of entry:
- Foreigners investing must have documents proving their investment in Vietnam according to the provisions of the Investment Law;
- Foreigners practicing law in Vietnam must have a practice license according to the provisions of the Law on Lawyers;
- Foreigners working must have a work permit according to the provisions of the Labor Code;
- Foreigners coming to study must have a written acceptance from a Vietnamese school or educational institution.
(5) Electronic visas issued to foreigners who have passports and are not subject to regulations in the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 (amended and supplemented in 2019 );
Thus, the condition for foreigners to be granted a visa is to have a passport or valid international travel document without specific regulations on the remaining validity of the passport. Therefore, as long as the passport is still valid, the visa can still be issued as usual.
=> See more: How long does it take to get a work visa?
II. SUMMARY OF THE ANSWER SECTION: IF A PASSPORT IS ABOUT TO EXPIRE, IS IT STILL POSSIBLE TO OBTAIN A VISA?
Dear Customers, from the above synthesis and analysis, TLK Law Firm would like to give the following answer:
A passport that is about to expire can still get a visa.
Because, according to the provisions of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 (amended and supplemented 2019), the condition to be granted a visa is that foreigners must have a passport or documents valid for international travel without regulations on passport validity. That is, as long as the passport is still valid, foreigners can still apply for a visa. At the same time, documents with international travel value can also replace passports when foreigners apply for a visa at a competent authority.
=> See more: Quick visa application service
Photo 2. If a passport is about to expire, is it still possible to obtain a visa? _ Hotline: 0972118764
III. HOW SHOULD YOU BEST CHOOSE AN ORGANIZATION THAT PROVIDES LEGAL SERVICES?
An organization providing quality and reputable legal services should have the following criteria:
First: Must be an official legal organization with a legal operating license;
Second: It is better if the Board of Directors must be lawyers, experienced and have high degrees;
Third: Have a team of lawyers and a systematic, professional, and thoroughly trained human resources system;
Fourth: Friendly, dedicated and make every effort for the benefit of customers. Consider customer satisfaction and work quality as your own honor;
Fifth: Professional, thoughtful, flexible and logical service provision process to optimize work performance and save customers' time;
Sixth: Reasonable and competitive service prices;
Seventh: Rich services in both fields of supply and service packages in the same field for customers to choose the appropriate service package, as well as comprehensive support for customers throughout the operation process. movement;
Eighth: Have the ability to Connect - Promote commercial relationships for customers if customers have needs,...
Finding a comprehensive, professional and reputable legal consulting organization is what every customer wants. Because no one wants to risk losing both money and time while the results are not as expected. However, finding such an organization is not easy because the number of service providers in the Vietnamese market today is very large with varying quality.
A suggestion for you: Although our TLK Law Firm does not dare to claim to be the best legal service provider on the market, we satisfy all of the above criteria and more will definitely be a good choice for you.
=> See more: What is temporary residence card? What documents are needed for foreigners to be granted a temporary residence card?
IV. SOME QUESTIONS RELATED TO ISSUANCE OF VISA FOR FOREIGNERS
Question 1: I entered Vietnam on a tourist visa. So can I convert it to an investment visa now? Is it okay if I do not change the visa purpose but carry out investment activities in Vietnam?
Reply:
The answer is Yes. If you do not convert, you will be subject to administrative sanctions
Pursuant to the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 (amended and supplemented 2019), basically, visa purposes will not be allowed to change, except in some cases. Accordingly, in case of changing the purpose of a visa to an investment visa, foreigners must have documents proving that they are investors or representatives of foreign organizations investing in Vietnam according to the provisions of Vietnamese law.
Pursuant to Decree No. 144/2021/ND-CP, foreigners who are granted tourist visas but after entering Vietnam do not work but perform other jobs that are not in accordance with the purpose of the visa will be fined from 15,000,000 VND - 20,000,000 VND.
Question 2: I was previously issued a permanent residence card in Vietnam and it is still valid. Now, if I want to enter Vietnam, do I still need to apply for a visa?
Reply:
The answer is No.
Pursuant to the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 (amended and supplemented in 2019), when foreigners use permanent residence cards to enter Vietnam, they are exempted from visa.
Question 3: How long is the temporary stay period of a tourist visa?
Reply:
Pursuant to the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 (amended and supplemented in 2019), normally, when foreigners enter Vietnam without a permanent residence card or temporary residence card, a temporary residence certificate will be issued at the border gate. The duration of the temporary residence certificate is equal to the duration of the visa.
However, for tourist visas, the validity of the temporary residence certificate is 30 days (if the visa validity is more than 30 days). After this period expires, if you still want to stay in Vietnam, carry out the procedures for extending your temporary residence according to regulations.
=> See more: Visa extension for foreigners working in Vietnam
Above is some general advice that we would like to offer to our customers. As a service provider, we always understand and are ready to accompany and solve the needs and difficulties that customers are facing. If you still have questions or need more in-depth advice, please contact the hotline: 0972118764 to receive direct advice from a lawyer (completely free consultation).
Thank you very much!
Administrative Procedures Department - TLK Law Firm
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