WHAT IS A VISA? CASES OF VISA EXEMPTION? VISA VALIDITY PERIOD?
QUESTION
Dear TLK Law Firm, we hope that your company will answer the following question: In the context of increasingly developing international integration and cooperation, the number of foreigners coming to Vietnam to study and work is increasing. However, to enter Vietnam, foreigners must have a Visa. So what is a Visa? Visa exemption cases? How long is the visa validity? Looking forward to your company's answer. Thank you!
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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. Consolidated document No. 27/VBHN/VPQH issued by the National Assembly on December 16, 2019;
2. Circular No. 57/2020/TT-BCA issued by the Ministry of Public Security on June 10, 2020 amending and supplementing a number of articles of Circular No. 04/2015/TT-BCA regulating sample documents related to relating to the entry, exit, and residence of foreigners in Vietnam;
3. 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;
4. 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;
5. Other legal documents providing relevant guidance.
CONSULTATION CONTENT
Each different country will have its own regulations on visas as well as conditions for obtaining a visa. Like many other countries, when foreigners want to enter Vietnam to carry out different plans such as studying, traveling, working... They must be granted a visa by a competent state agency. So what is a visa? Which cases will be exempted from the visa? How long is the visa validity? We will advise you on all important issues that you are wondering about through the article below.
Photo 1. What is a Visa? Cases of visa exemption. Visa validity period?_Hotline: 0972118764
I. WHAT ARE SOME IMPORTANT LEGAL ISSUES RELATED TO VISA? CASES OF VISA EXEMPTIONS? DURATION OF VISA?
1. What is a Visa? Visa conditions?
According to Consolidated Document 27/VBHN-VPQH: Visa, is a document issued by a competent Vietnamese agency, allowing foreigners to enter Vietnam.
At the same time, Consolidated Document 27/VBHN-VPQH also stipulates the conditions for visa issuance as follows:
(1) Have a passport or valid international travel document;
(2) There is an agency, organization or individual in Vietnam that invites or guarantees, except in cases as prescribed;
(3) Do not fall into the cases that have not been allowed to enter the country according to regulations;
(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.
Thus, when foreigners want to enter Vietnam, they must have a visa and be granted a visa when meeting the prescribed conditions, except in cases of visa exemption.
=> See more: Visa extension for foreigners working in Vietnam
2. Cases of visa exemption?
According to Consolidated Document 27/VBHN-VPQH, regulations on visa exemption cases are as follows:
(1) According to international treaties to which Vietnam is a member;
(2) Use permanent residence card and temporary residence card according to regulations;
(3) Entering border gate economic zones, special administrative-economic units;
(4) According to regulations on unilateral visa exemption, a decision to unilaterally exempt visas for citizens of a country must meet the following conditions:
- Have diplomatic relations with Vietnam;
- In accordance with Vietnam's socio-economic development and foreign policy in each period;
- Do not harm Vietnam's national defense, security, social order and safety.
(5) Vietnamese residing abroad who have passports or valid international travel documents issued by competent foreign agencies and foreigners who are their spouses and children; Foreigners who are spouses and children of Vietnamese citizens are exempt from visas according to Government regulations.
Thus, not all foreigners entering Vietnam need a visa, but when they fall into the cases prescribed by law, they will be exempted from visas.
3. How long is the visa valid?
According to Consolidated Document 27/VBHN-VPQH, the visa duration is specified as follows:
(1) Visas with symbols SQ, EV are valid for no more than 30 days;
(2) Visas labeled HN, DL are valid for no more than 3 months;
(3) VR visa is valid for no more than 6 months;
(4) Visa symbols NG1, NG2, NG3, NG4, LV1, LV2, DT4, DN1, DN2, NN1, NN2, NN3, DH, PV1, PV2 and TT are valid for no more than 12 months;
(5) Visas labeled LD1, LD2 are valid for no more than 02 years;
(6) Visa code DT3 is valid for no more than 03 years;
(7) Visas with symbols LS, DT1, DT2 are valid for no more than 5 years.
Note:
1. Visa expires, consideration for issuance of new visa;
2. Visa validity is at least 30 days shorter than the validity of a passport or international travel document.
3. In case an international treaty to which Vietnam is a member has different provisions, the visa validity period shall comply with the international treaty.
Thus, according to the law, the visa duration depends on each different type of visa.
=> See more: Quick visa application service
II. PROCESS FOR IMPLEMENTING VISA ISSUANCE PROCEDURES
1. Steps to carry out visa issuance procedures
Step 1: Agencies, organizations, and individuals sponsoring foreigners to enter Vietnam directly send a written request to the Immigration Department;
Step 2: Immigration Department reviews and resolves;
Step 3: Receive results.
=> See more: How long does it take to get a work visa?
2. Document components and visa issuance process
A. Document components:
1. Visa application form according to the form;
2. Power of attorney for the person submitting the application (in case of authorizing someone else to do so);
3. Certified copy of personal legal documents (ID card, citizen identification card, valid passport) of the person performing the procedure;
4. Other documents as required by competent state agencies (if any).
B. Resolution agency
Administration of Immigration.
C. How to do it
- Submit application directly to the Immigration Department; or,
- Submit an application via official dispatch to the Immigration Department.
D. Implementation results
Visa.
Photo 1. What is a Visa? Cases of visa exemption. Visa validity period_Hotline: 0972118764
III. SUMMARY OF ANSWER SECTION: WHAT IS VISA? CASES OF VISA EXEMPTIONS? DURATION OF VISA?
Dear Customers, from the above synthesis and analysis, TLK Law Firm would like to give the following answer:
According to Consolidated Document 27/VBHN-VPQH, Visa, also known as visa, is a document issued by a competent Vietnamese agency, allowing foreigners to enter Vietnam. However, in no case do foreigners entering Vietnam need a visa. Foreigners will be exempted from visas in the following cases:
(1) According to international treaties to which Vietnam is a member;
(2) Use permanent residence card and temporary residence card according to regulations;
(3) Entering border gate economic zones, special administrative-economic units;
(4) According to regulations on unilateral visa exemption;
(5) Vietnamese residing abroad who have passports or valid international travel documents issued by competent foreign agencies and foreigners who are their spouses and children; Foreigners who are spouses and children of Vietnamese citizens are exempt from visas according to Government regulations.
At the same time, according to Consolidated Document 27/VBHN-VPQH, different visa types will have different deadlines. In general, the minimum validity of a visa is no more than 03 months and the maximum is no more than 05 years.
=> See more: If a passport is about to expire, is it still possible to obtain a visa?
IV. 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 company providing the best legal services on the market, we satisfy all of the above criteria and more will definitely be a good choice for you.
V. WHAT ARE SOME QUESTIONS RELATED TO VISA? CASES OF VISA EXEMPTIONS? DURATION OF VISA?
Question 1: Form and validity of visa?
Reply:
According to Consolidated Document 27/VBHN-VPQH, the form and value of visas are specified as follows:
Visas are issued in passports, separately or via electronic transactions. Visas issued through electronic transactions are electronic visas. Visas are valid once or multiple times; Electronic visas and visas issued for prescribed cases are valid once.
Thus, the issued visa will be valid once or multiple times and includes the following forms:
(1) Issuance of passport;
(2) Separate level;
(3) Issued via electronic transactions.
Question 2: Is it true that visa purposes cannot be changed in any case?
Reply:
The answer is no.
According to Consolidated Document 27/VBHN-VPQH, visa purposes cannot be changed, except in the following cases:
(1) Have documents proving that you are an investor or representative of a foreign organization investing in Vietnam according to the provisions of Vietnamese law;
(2) Have documents proving the relationship as father, mother, wife, husband, or child with the inviting or sponsoring individual;
(3) Invited or sponsored by an agency or organization to work and have a work permit or confirmation that they are not subject to a work permit according to the provisions of labor law;
(4) Enter with an electronic visa and have a work permit or confirmation that you are not subject to a work permit according to labor laws.
Thus, the visa's purpose will be changed when it falls into the cases prescribed by law.
Question 3: What are the cases where visas are not issued separately?
Reply:
According to Consolidated Document 27/VBHN-VPQH visas are issued separately to each person, except for the following cases:
(1) Issuing visas according to a parent or guardian for children under 14 years old sharing a passport with a parent or guardian;
(2) Issuing visas according to the immigration management agency's personnel approval list for foreigners visiting, traveling by sea or transiting by sea and wishing to go inland for sightseeing or tourism according to the program organized by international travel businesses in Vietnam; members of foreign military ships following the official program of visits outside the province or centrally run city where the ship or boat is anchored.
Thus, visas are not always issued separately to each person, but in cases prescribed by law, visas will be issued jointly.
=> See more: Types of visas for foreigners in Vietnam. What are the regulations for visa sign?
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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