What is transit? Conditions to be transited into Vietnam? The development of exchanges between countries required in the legal policies of countries also created many things to “expand” in entry, exit, or transit. Let us learn about Conditions to be transited into Vietnam with LSX Law firm below:
– Consolidation of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam in 2019.
What is transit in Vietnam?
Transit is a term that can apply to goods and passengers (people). From this perspective, transit can be a verb indicating the transportation; movement (goods, passengers,) visitors) passing through the territory of one or more countries to another country based on an agreement signed between the countries concerned. However, to a certain extent, this concept does not clearly define the characteristics of transit.
From a legal perspective, the Law on Entry, Exit; Transit and Residence of Foreigners in Vietnam (consolidated document in 2019) explains transit as follows:
“Transit is the passage of foreigners through the country; or stay in the transit area at Vietnam’s international border gates to go to a third country.”
Characteristics of transit in Vietnam
The characteristics of the transit are as follows:
Firstly, the transit is by the subject being a foreigner. Accordingly, a foreigner carries a document identifying foreign nationality and a stateless person who enters; exits, transits, or resides in Vietnam.
Secondly, the act is to go through or stay in the transit area at the international border gate. This passage usually applies to transit by sea or land; staying in the transit area applies to transit by air.
Besides, The transit area here is the area of the international border gate; where foreigners may stay to go to a third country, decided by the competent agency managing the international border gate.
Thirdly, the purpose of transit is to go to a third country. This makes perfect sense given that most countries in the world want to get to each other; which is often very far away, and direct access is not possible.
Classification of transit cases in Vietnam
Depending on the form, means of transport, and territory, transit includes 3 types:
– Road transit
– Airway transit
– Sea transit
In which transit by air and transit by sea is the majority trend. Therefore, the author will have the following specific analysis according to the provisions of Articles 25 and 26 of the Law on Entry and Exit, transit, and residence of foreigners in Vietnam.
For air transit: Foreigners transiting by air are exempt from visas and must stay in the transit area at the international airport while waiting for their flight. During the transit period; foreigners wishing to enter Vietnam to visit or travel under programs organized by international travel agencies in Vietnam will be; considered for visas appropriate to the transit time.
For transit by sea: Foreigners transiting by sea are exempt from visas and must stay in the transit area at the seaport border gate while the ship or boat is; anchored; if they wish to go inland to visit or travel according to a program organized by an international travel agency in Vietnam, they will be; considered for a visa under the transit time; In case there is a need to exit through another border gate, considered for issuance of a VR visa.
Conditions to be transited into Vietnam?
Transit is a “salvage” measure for passengers who need to go to a third country if they can go directly to that country. The transit itself was born to solve specific difficulties in passenger transport. However, in order to have the strictest management, Vietnamese law also has provisions on conditions for transiting into Vietnam, specifically in Article 23 of the Law on Entry, Exit, Transit, and Residence residence of a foreigner in Vietnam clearly states:
Accordingly, foreigners may transit when fully meeting the following conditions:
Firstly, passport or international travel documents;
Secondly, vehicle tickets suitable for the journey to a third country;
In addition, visa of a third country, except for cases of visa exemption.
Based on this law, the author will have a more in-depth analysis below.
Condition 1: Passport or valid international travel document;
This condition is also the basis for having a visa.
Additionally, condition 2: The vehicle ticket is suitable for the journey to the third country. This condition means that, if going by air to a third country, a foreigner must have an air ticket, and going by sea must have a ship ticket.
Lastly, condition 3: Visa of a third country, unless otherwise exempted from visa.
Hope this article is helpful for you!
A passport is a mandatory “ID card” issued by a competent authority to allow that individual to leave and re-enter the country after a trip, work, or study. A passport is also a document identifying foreign nationality.
A document with international travel value means a document issued by a competent authority of a country to a stateless person residing in that country and approved by a competent authority of Vietnam.
Visa is a document issued by a competent authority of Vietnam, allowing foreigners to enter Vietnam. In this sense, a third-country visa is a document issued by a competent authority of a third country, allowing a foreigner to enter that country. Visas are issued into the passport, issued separately, or through electronic transactions. Visas issued through electronic transactions are electronic visas. The visa is valid once or multiple times.