DECREE

Prescribing the order and procedures for pilot grant of e-visas for foreigners entering Vietnam

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Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the June 16, 2014 Law on Foreigners’ Entry into, Exit from, Transit through and Residence in Vietnam;

Pursuant to the November 29, 2005 Law on E-Transactions;

Pursuant to the June 29, 2006 Law on Information Technology;

Pursuant to Resolution No. 30/2016/QH14 of November 22, 2016, on the pilot grant of e-visas for foreigners entering Vietnam;

At the proposal of the Minister of Public Security,

The Government promulgates the Decree prescribing the order and procedures for pilot grant of e-visas for foreigners entering Vietnam.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree prescribes the order and procedures for pilot grant of e-visas for foreigners entering Vietnam.

Article 2. Subjects of application

1. Foreigners being citizens of countries on the list of eligibility for pilot grant of e-visas provided in Appendix I to this Decree.

2. Related agencies, organizations and individuals.

Article 3. Interpretation of terms

1. The immigration e-portal means the e-portal of the Ministry of Public Security’s Immigration Department, of with its domain names “https://www.xuatnhapcanh.gov.vn” and “https://www.immigration.gov.vn” in Vietnamese and English, respectively, which publishes information, provides online public services and supports the search, link and storage of related immigration information.

2. E-visa grant website means a website of the immigration e-portal of the Ministry of Public Security’s Immigration Department, which receives and processes applications and grants e-visas for foreigners.

3. E-account means an account granted by the Immigration Department to an inviting or a guaranteeing agency or organization for access the e-visa grant website, submission of the invitation or guarantee dossier and receipt of replies.

4. E-dossier code means a chain of alphanumerical characters created under a set principle, which is granted by the Immigration Department to a foreigner and the inviting or guaranteeing agency or organization for monitoring the settlement result and printing out the e-visa.

Chapter II

ORDER AND PROCEDURES FOR GRANT OF E-VISAS TO FOREIGNERS ENTERING VIETNAM

Article 4. Order and procedures for grant of e-visas at the request of foreigners

1. A foreigner shall request for grant of an e-visa as follows:

a/ To access the e-visa grant website to declare information for applying for an e-visa, upload photo and the passport record page according to Form No. 1 to this Decree (not translated);

b/ To receive the e-dossier code and pay the visa fee to a bank account provided on the e-visa grant website.

2. Within 3 working days after receiving complete information for e-visa application and the visa fee, the Immigration Department shall consider and process the e-visa application and give a reply to the applicant on the e-visa grant website.

3. A foreigner applying for an e-visa shall use the e-dossier code to check for the settlement result of the Immigration Department on the e-visa grant website; in case of being granted an e-visa, he/she shall use the e-dossier code to print out the e-visa according to Form No. 2 to this Decree (not translated).

Article 5. Order and procedures for grant of e-visas at the request of the inviting or guaranteeing agencies

1. Before applying for an e-visa for a foreigner, a Vietnam-based agency or organization shall register an e-account in accordance with Clause 2 of this Article, and have an e-signature under the Law on E-Transactions and guiding documents.

2. Registration and cancelation of e-accounts

a/ An agency or organization shall send to the Immigration Department a written request for grant of an e-account according to Form No. 3 promulgated together with this Decree (not translated). The grant of an e-account shall be requested only once, unless there is a change in content or the account is canceled in accordance with Point c of this Clause;

b/ Within 3 working days after receiving the request of an agency or organization, the Immigration Department shall issue a reply and grant an e-account according to Form No. 4 promulgated together with this Decree (not translated); in case of refusal to grant an e-account, the Immigration Department shall issue a written reply clearly stating the reason according to Form No. 5 promulgated together with this Decree (not translated);

c/ An e-account shall be canceled when so requested in writing by the account owner or the account owner violates the laws on e-transactions and immigration management. When canceling an account, the Immigration Department shall issue a written notification clearly stating the reason according to Form No. 6 promulgated together with this Decree (not translated).

3. An agency or organization applying for an e-visa for a foreigner shall use the e-account to access the e-visa grant website to apply for such a visa in accordance with Article 4 of this Decree.

4. Within 3 working days after receiving complete information for e-visa application and the visa fee, the Immigration Department shall consider and process the application and reply to the applying agency or organization on the e-visa grant website.

5. An agency or organization applying for an e-visa for a foreigner shall use the e-dossier code to receive the written reply of the Immigration Department on the e-visa grant website and notify the settlement result to the foreigner.

6. A foreigner obtaining an e-visa shall use the e-dossier code notified by the agency or organization to print out the e-visa.

Article 6. Entry and exit with e-visas

A foreigner shall use an e-visa to enter and exit through international border gates provided in Appendix II to this Decree.

Chapter III

RESPONSIBILITIES OF THE MINISTRY OF PUBLIC SECURITY AND THE MINISTRY OF NATIONAL DEFENSE

Article 7. Responsibilities of the Ministry of Public Security

1. To assume the prime responsibility for assisting the Government to organize the pilot grant of e-visas for foreigners entering Vietnam.

2. To formulate, manage and operate the information system that receives applications and requests and approves and grants e-visas to ensure security, safety, confidentiality and continuity.

3. To assume the prime responsibility for, and coordinate with the Ministry of National Defense in, promptly and fully transmitting and receiving information on foreigners obtaining e-visas to immigration management units of the Ministry of Public Security and the Ministry of National Defense.

4. To coordinate with the Ministry of Transport in notifying airlines connected to the e-visa grant website for verifying information of passengers who have been granted e-visas before transporting them into Vietnam.

Article 8. Responsibilities of the Ministry of National Defense

1. To coordinate with the Ministry of Public Security in implementing the National Assembly’s Resolution on pilot grant of e-visas for foreigners entering Vietnam.

2. To direct immigration management units under the Ministry of National Defense to connect with the Immigration Department to receive information on grant of e-visas for foreigners and control the entry and exit of foreigners obtaining e-visas at border gates.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 9. List of countries whose citizens are eligible for pilot grant of e-visas and list of border gates permitting foreigners’ entry into and exit from Vietnam with e-visas

  1. To promulgate together with this Decree the list of countries whose citizens are eligible for pilot grant of e-visas (Appendix I) and the list of border gates permitting foreigners’ entry into and exit from Vietnam with e-visas (Appendix II).

  2. During the pilot grant of e-visas for foreigners entering Vietnam, the Appendices prescribed in Clause 1 of this Article may be amended or supplemented under the Government’s resolutions.

  Article 10. Application of e-transactions in inviting and guaranteeing foreigners on entry to Vietnam

  1. Agencies and organizations inviting and guaranteeing foreigners under Clause 1, Article 16 of the Law on Foreigners’ Entry into, Exit from, Transit through and Residence in Vietnam may opt to submit applications for visas for foreigners through e-transactions on the immigration e-portal.

  2. Before submitting an application through e-transactions, the agency or organization inviting or guaranteeing a foreigner must satisfy the conditions prescribed in Clauses 1 and 2, Article 5 of this Decree.

  Article 11. Effect

  This Decree takes effect for two years from February 1, 2017.

  Article 12. Implementation responsibilities

  Ministers, heads of ministerial-level and government-attached agencies and chairpersons of provincial-level People’s Committees shall implement this Decree./.