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 immigration lawyers in Vietnam for such queries.

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 01st, 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.

Visas in Vietnam: How To Enter Vietnam Legally with Appropriate Visas?

Foreign visitors need visas in Vietnam to for purposes to visit friends, family members, travel, or work. As Vietnam has become more attractive for economic investment and tourism destinations, more and more have been seeking to enter Vietnam for work purpose, and leisure purpose.

It is important that travelers have suitable visas and entrance cards, and follow the laws. Failing to follow the law on immigration would result in blacklist, deportation creating unnecessary hassles, especially for business men seeking investment in Vietnam.

Understanding Visas in Vietnam: A Guide for Foreigners

Visas play a crucial role for foreigners entering Vietnam, and understanding the intricacies of the visa system is vital. Enacted under the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam, visas are documents issued by the authorized agency of Vietnam, granting permission for foreigners to enter the country.

1. Types, Forms, and Validity:
Visas in Vietnam come in various forms – issued on passports, as separate documents, or electronically (referred to as electronic visas). Each visa is typically issued individually, except in specific cases such as for children under 14 sharing a passport with a parent or guardian. Additionally, visas can be either single-entry or multiple-entry.

Conversion of visas in Vietnam for different purposes is generally not allowed, except in specific situations. For instance, investors or representatives of foreign organizations investing in Vietnam, individuals with family relationships to hosts, those sponsored by organizations with work permits, or those entering with electronic visas and work permits, may be eligible for a change in the purpose of their visa.

2. Validity Periods:
The Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam outlines the validity periods for different types of visas in Vietnam:

– SQ, EV visas are valid for up to 30 days.
– HN, DL visas are valid for a maximum of 03 months.
– VR visas are valid for a maximum of 06 months.
– NG1, NG2, NG3, NG4, LV1, LV2, ĐT4, DN1, DN2, NN1, NN2, NN3, DH, PV1, PV2, and TT visas are valid for up to 12 months.
– LĐ1, LĐ2 visas are valid for a maximum of 02 years.
– ĐT3 visas are valid for up to 03 years.
– LS, ĐT1, ĐT2 visas are valid for a maximum of 05 years.

These visa types might be confusing.  There are explanation on Vietnam visa types and category to apply.

Expired visas in Vietnam may be subject to review for the issuance of a new visa. Notably, the validity period of a visa is shorter than the passport or travel document, which must be valid for at least 30 days internationally.

3. Conditions for Visa Issuance:
The conditions for obtaining visas in Vietnam include having a valid passport or international travel document, an invitation, sponsorship, or guarantee from an organization or individual in Vietnam, and not falling under the prohibited entry cases.

Additional documentation is required for specific cases, such as proof of investment, legal practice, work permits, or acceptance letters from educational institutions.

Electronic visas in Vietnam may be issued to foreigners in certain cases, simplifying the application process.

4. Visa Exemptions:
Certain cases are exempt from visa requirements, as specified in the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam. Exemptions may apply based on international treaties, the use of residence cards, entry into economic zones, or decisions made by the Government.

Vietnam also unilaterally exempts specific cases, including Vietnamese settling abroad and their family members.

Law Firm Assistance to advise on visas in Vietnam

When navigating the complexities of systems of visas in Vietnam, seeking guidance from a diligent law firm in Vietnam is advisable. A knowledgeable law firm can provide tailored advice based on individual circumstances, ensuring the appropriate visa type is selected, and all necessary documentation is in order.

This includes advising on specific visa categories, eligibility criteria, and any changes in regulations that may impact the visa application process.

In conclusion, understanding the nuances of regulations of visas in Vietnam is essential for a smooth entry process, and legal expertise can be instrumental in ensuring compliance with the laws and regulations governing visa issuance.

About ANT Lawyers, a law firm in Vietnam

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers has lawyers in Ho Chi Minh city, Hanoi,  and Danang, and will help customers in doing business in Vietnam.

Understanding the Vietnam Visa Types and Categories in Vietnam

 

Understanding Vietnam visa types and categories in Vietnam is crucial for several reasons:

1. Why need to understand Vietnam visa types?

Legal Compliance: Different visa categories correspond to specific legal provisions and requirements outlined in the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam. Adhering to these regulations is essential for legal compliance, and failure to do so may result in visa denials, fines, or even deportation.

Purpose-Specific Entry: Each visa category is designed for a particular purpose of entry, such as tourism, business, investment, work, or study. Knowing the appropriate category ensures that individuals enter the country with the correct visa that aligns with their intended activities. Using the wrong visa category can lead to legal complications and potential restrictions on activities.

Duration and Validity: Understanding the codes associated with visa types provides information about the duration and validity of the visa. Different visas have varying periods of validity, ranging from a few days to several years. This knowledge is crucial for planning and ensuring that the visa remains valid throughout the intended stay.

Specialized Requirements: Certain visa categories have specific requirements or conditions, such as the need for work permits, investment documents, or sponsorship letters. Being aware of these requirements is essential to gather and submit the necessary documentation for a successful visa application.

Exemptions and Privileges: Some visa categories may benefit from exemptions or special privileges, such as diplomatic or official visas. Understanding these exemptions is essential for individuals who may qualify for special treatment based on their roles or affiliations.

Avoiding Penalties: Using the correct visa category helps individuals avoid penalties associated with visa violations. Overstaying, engaging in unauthorized activities, or misusing a visa can lead to legal consequences, affecting future travel to Vietnam and potentially other countries.

Efficient Application Process: Knowing the appropriate visa category streamlines the application process. It enables applicants to provide accurate information and documentation, reducing the likelihood of visa processing delays or rejections.

Customized Advice: Law firms in Vietnam, specializing in immigration and visa matters, can provide more effective and tailored advice when they understand the specific category and code relevant to a client’s situation. This expertise ensures that clients receive accurate guidance based on their unique circumstances.

In summary, a clear understanding of Vietnam visa types and categories is essential for legal compliance, facilitating smooth entry, avoiding penalties, and receiving appropriate advice from legal professionals. It contributes to a more efficient and secure process for individuals seeking entry into Vietnam for various purposes.

2. Vietnam Visa Types and Categories by the Law on Entry, Exit, Transit, and Residence of Foreigners

• NG1: Issued for members of invited delegations of the General Secretary of the Central Committee of the Communist Party of Vietnam, the President, the Chairman of the National Assembly, and the Prime Minister.
• NG2: Issued for members of invited delegations of the Standing Committee of the Central Committee of the Communist Party of Vietnam, the Vice President, the Vice Chairman of the National Assembly, the Vice Prime Minister, the Chairman of the Central Committee of the Vietnam Fatherland Front, the Chief Justice of the Supreme People’s Court, the Prosecutor General of the Supreme People’s Procuracy, and the State Auditor General; Members of the same level delegation of Ministers and equivalent, Provincial Party Secretary, City Party Secretary, Chairman of the People’s Council, Chairman of the People’s Committee of the province, and centrally-run cities.
• NG3: Issued for members of foreign diplomatic missions, consular offices, representatives of international organizations under the United Nations, representatives of intergovernmental organizations, and spouses, children under 18, and accompanying domestic helpers.
• NG4: Issued for individuals working with foreign diplomatic missions, consular offices, representatives of international organizations under the United Nations, and intergovernmental organizations, along with their spouses, children under 18, and individuals visiting members of foreign diplomatic missions, consular offices, representatives of international organizations under the United Nations, and intergovernmental organizations.
• LV1: Issued for individuals working with central agencies of the Communist Party of Vietnam, the National Assembly, the Government, the Central Committee of the Vietnam Fatherland Front, the Supreme People’s Court, the Supreme People’s Procuracy, the State Audit, Ministries, government-attached agencies, agencies under the Government; Provincial Party Committee, City Party Committee, People’s Council, People’s Committee of the province, and centrally-run cities.
• LV2: Issued for individuals working with political-social organizations, social organizations, the Vietnam Chamber of Commerce and Industry.
• LS: Issued for foreign lawyers practicing in Vietnam.
• ĐT1: Issued for foreign investors in Vietnam and representatives of foreign organizations investing in Vietnam with a capital contribution value of VND 100 billion or more, or investing in preferential investment sectors, investment incentive areas as decided by the Government.
• ĐT2: Issued for foreign investors in Vietnam and representatives of foreign organizations investing in Vietnam with a capital contribution value from VND 50 billion to less than VND 100 billion, or investing in encouraged sectors according to the Government’s decision.
• ĐT3: Issued for foreign investors in Vietnam and representatives of foreign organizations investing in Vietnam with a capital contribution value from VND 3 billion to less than VND 50 billion.
• ĐT4: Issued for foreign investors in Vietnam and representatives of foreign organizations investing in Vietnam with a capital contribution value less than VND 3 billion.
• DN1: Issued for foreigners working with enterprises, other legal entities as stipulated by Vietnamese law.
• DN2: Issued for foreigners entering to offer services, establish commercial presence, and carry out other activities according to international treaties of which Vietnam is a member.
• NN1: Issued for the Head of the representative office, project of an international organization, non-governmental organization in Vietnam.
• NN2: Issued for the head of the branch of a foreign trader, representative office of an economic organization, cultural organization, and other specialized organizations of a foreign country in Vietnam.
• NN3: Issued for individuals working with foreign non-governmental organizations, representative offices, branches of foreign traders, representative offices of international economic organizations, cultural organizations, and other specialized organizations of foreign countries in Vietnam.
• DH: Issued for individuals entering for internships, study purposes.
• HN: Issued for individuals entering to attend conferences, seminars.
• PV1: Issued for journalists, resident press in Vietnam.
• PV2: Issued for journalists, press entering for short-term activities in Vietnam.
• LĐ1: Issued for foreign individuals working in Vietnam with confirmation not subject to a work permit, except for cases under international treaties of which Vietnam is a member with different provisions.
• LĐ2: Issued for foreign individuals working in Vietnam subject to the requirement of having a work permit.
• DL: Issued for individuals entering for tourism.
• TT: Issued for foreigners who are spouses, children under 18 of foreigners granted visas with codes LV1, LV2, LS, ĐT1, ĐT2, ĐT3, NN1, NN2, DH, PV1, LĐ1, LĐ2, or foreigners who are fathers, mothers, spouses, children of Vietnamese citizens.
• VR: Issued for individuals entering to visit relatives or for other purposes.
• SQ: Issued for cases as specified in clause 3 of Article 17 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 (amended 2019).
• EV: Electronic visa in Vietnam.

About ANT Lawyers, a law firm in Vietnam

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers has lawyers in Ho Chi Minh city, Hanoi,  and Danang, and will help customers in doing business in Vietnam.