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Some changes in Vietnamese Immigration Law in 2015

Last activity 23 September 2015 by bluenz

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kevin Phi

The National Assembly of Vietnam approved the new immigration law in June 14, 2014. The new law will take effect on January 1, 2015. Here are some key changes in the new law:
1.    New categories of Vietnam visa
Instead of four groups of immigration categories as before, the new immigration law classifies visa structure into 20 different types. Each visa classification will have its own maximum duration period ranging from 30 days to five years. Accordingly, the new 20 categories are based on foreigners’ occupations and travel purposes.

Categories of Visa                Description / category of applicant entitled to    Duration of Visa    Duration of TRC
1    NG1-NG4                                            Diplomatic                                     Up to 12 months    Up to 5 years
2    LV1-LV2                          Working with Vietnamese authorities/parties    Up to 12 months    Up to 5 years
3    ĐT                                   Investors/foreign lawyers                                        Up to 5 years    Up to 5 years
4    DN                                   Working with Vietnamese enterprises               Up to 12 months              NA
5    NN1-NN2                            Chief Representative Office,
                                                Head of Project Office of foreign NGO),
                                                Chief rep of rep offices in VN.                               Up to 12 months    Up to 3 years
6    NN3                                    Staffs of NGO, Rep office in VN                       Up to 12 months              NA
7    DH                                              Students/ interns                                       Up to 12 months    Up to 5 years
8    HN                                       Attending meeting                                               Up to 3 months              NA
9    PV1                                  Journalists with permanent residence in VN       Up to 12 months    Up to 2 years
10    PV2                                  Journalists with short term residence in VN       Up to 12 months              NA
11    LĐ                                                Foreign workers                                         Up to 2 years    Up to 2 years
12    DL                                                Tourists                                                 Up to 3 months              NA
13    TT                                    Dependents of 2,3,5,7,9,11                                Up to 12 months    Up to 3 years
14    VR                                    Visiting relatives, other purpose                        Up to 6 months              NA
15    SQ                                    Related to MOF, Consulate with the purpose of
                                                market research, visiting relatives,     
                                                tourist, medical treatment                                 Up to 30 days              NA

2.    Purpose of visa cannot be converted from one purpose to another
According to Articles 7, Point 1 of the new law, you cannot convert your Vietnam visa from this purpose to another. For example, if you enter Vietnam with tourist visa (DL), you cannot convert it into working visa when you are still in the country (LĐ).
3.    New Entry and Exit Restriction
Prohibited conditions for entrance:
– Any person that was deported from Vietnam within the last 03 years;
– Any person that was compelled to leave Vietnam within the last 06 months;
– Any person presenting forging paper or providing false information to obtain entry/exit/residence permit.
– A child under 14 years of age traveling without an accompanying parent or custodianetc
Prohibited conditions for exit: A foreigner’s exit will be suspended (up to three years) in the following cases:
– His or her tax obligations have yet been fulfilled;
– He/she is obliged to comply with an administrative sanction;
– He/she has been criminally charged or must serve a criminal sentence;
– He/she is a defendant or a person with related rights and obligations in a civil, economic, labor, administrative or marriage litigation case.
4.    Visa exemption
For foreign nationals coming from visa exemption countries, the next entry has to be at least 30 days after the previous entry. For instance, a Korean citizen enters Vietnam on January 1st 2015 with visa exemption for 15 days and he/she leaves Vietnam on January 10th 2015. After coming back Korea, if he/she wants to enter Vietnam again with visa exemption for 15 days, he/she has to wait for 30 days (February 10th 2015) to re-enter Vietnam.

ralphnhatrang

And which category covers a retired spouse sponsored to live with wife/husband? Are we expect to leave the country every six months?

Budman1

ralphnhatrang wrote:

And which category covers a retired spouse sponsored to live with wife/husband? Are we expect to leave the country every six months?


Ralph that's the same thing that's been cut/pasted here at least 15 times on different threads. To answer your question. I'm afraid right now leaving the country every six months is the only legal option that is available to retired folks, in less of course you have a VEC (which I thought you had also). Then its a trip every three months to Immergration. You do have one thing working in you favor and that is your wife is a VN National which opens up the door a little wider for a PRC. My wife is although of VN descent  a US Citizen like myself which makes the PRC process a lot more difficult than it already is for us. There was one change in the new law that also might help and that is the approval authority. It no longer has to go all the way to Hanoi to get blessed. Our VEC's expire in 2018 and Immergration says that they wont be able to renew them again, so sometime around the first part to 2017 will start working on getting PRCs.

bluenz

Budman1 wrote:
ralphnhatrang wrote:

And which category covers a retired spouse sponsored to live with wife/husband? Are we expect to leave the country every six months?


Ralph that's the same thing that's been cut/pasted here at least 15 times on different threads. To answer your question. I'm afraid right now leaving the country every six months is the only legal option that is available to retired folks, in less of course you have a VEC (which I thought you had also). Then its a trip every three months to Immergration. You do have one thing working in you favor and that is your wife is a VN National which opens up the door a little wider for a PRC. My wife is although of VN descent  a US Citizen like myself which makes the PRC process a lot more difficult than it already is for us. There was one change in the new law that also might help and that is the approval authority. It no longer has to go all the way to Hanoi to get blessed. Our VEC's expire in 2018 and Immergration says that they wont be able to renew them again, so sometime around the first part to 2017 will start working on getting PRCs.


There is now a " sticky " with all this info, " Visa's and Work Permits ", anyone with a VEC can apply for a 3 month TT Visa, and then a 3 yr TRC. Forget about a PRC, ( unless you have done something like saved the life of a VN VIP ).
My friend just received a new VEC last week, ( he's the 3rd one I've heard of this year ), so it's still good until 2020 at least, ( providing they don't change things again before then )..

Monihon

Why is so hard to get a PRC? Reading your thread it seems that anyone related to a native may get it by just living 3 years in Vietnam. My doubt is how can you demonstrate that you have been living here. Maybe immigration just knows if you left the country. But then it may mean that you can not go back to your own country even for a day. Also, don't know if it is ok to have been using a VEC or you need to have been using a TRC.

bluenz

Monihon wrote:

Why is so hard to get a PRC? Reading your thread it seems that anyone related to a native may get it by just living 3 years in Vietnam. My doubt is how can you demonstrate that you have been living here. Maybe immigration just knows if you left the country. But then it may mean that you can not go back to your own country even for a day. Also, don't know if it is ok to have been using a VEC or you need to have been using a TRC.


It didn't even used to be 3 yrs, I applied after only one year, then after 9 months , was told everything was just going along fine, the only thing left was for the Immigration officer to speak to my neighbours, and hear from them what a jolly nice chap I was,  but this never happened, ( speaking to my neighbours , that is ), and for the next 6 --12 months every time we inquired about it, it was the same reply, " it's in Hanoi hands ", when you get that reply, you can forget about it.
I only know of one other person who received a PR, he had been in VN many years, and seemed well " connected ".
The Govt knows everything about us when we live here, ( or think they do ), once I was actually registered at 3 different places at one time, but never reported to anyone after extending my VEC every 90 days, this went on for over 12 months, it was only because I was having WP drama's, that drew the attention to me, and the Immigration officer told me I " must " report , ( but not to which one??? ).
Before you couldn't get a TRC on a VEC, just like you can't work on a VEC, now you can apply for a TT Visa , then apply for TRC. This is one of the changes.

Monihon

It sounds as if someone were asking for a donation.  :whistle:

bluenz

Monihon wrote:

It sounds as if someone were asking for a donation.  :whistle:


No, that's one thing this office doesn't do, they even refuse to take a few extra VND when I pay my fees.

Nov Van

Hi! Please help!
Me and my husband arrived last 8sept,we both have a tourist visa good for a month and for now He's working in a public school. My question is;is it possible for the school to apply a working visa for him?Can I get a dependent visa?Thanks

kevin Phi

The school can apply working visa for him but he has to exit Vietnam first and then the school will make official letter that he come back vietnam to work for them. The tourist visa will be exchange to business visa from that time.

Nov Van

Hi Kevin!

How many days do you think He needs to be out of the country?

Thank you!

bluenz

kevin Phi wrote:

The school can apply working visa for him but he has to exit Vietnam first and then the school will make official letter that he come back vietnam to work for them. The tourist visa will be exchange to business visa from that time.


Once the school has his WP application lodged, ( after medical and criminal checks ), he has to apply for an LD visa, ( 2yrs ) to re enter VN.

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