Currently, opening the door for international exchange, and integration time for countries around the world to visit and learn from other countries. Vietnam is no exception for citizens going abroad and returning home from abroad (exit, entry). Immigration activities are increasingly popular, but some citizens do not know the regulations when entering and leaving your country. The following article will help you somewhat understand what entry to Vietnam will need. We invite you to read through Lawyer X’s article to understand and understand the regulations on “Entry declaration to Vietnam regulated in 2022” that can help readers understand more deeply about the law.
Legal grounds
- Law on exit, entry, transit, and residence of foreigners in Vietnam
- Law on Exit and Entry 2014
What are entry and exit?
An immigration declaration is a ticket used to record information of passengers intending to visit a certain country or territory. An entry person is a foreigner carrying a document confirming foreign nationality or a stateless person who will enter the Vietnamese territory.
Rules of entry
Under Article 4 of Law No. 47/2014/QH13 dated June 16, 2014, Law on exit, entry, transit, and residence of foreigners in Vietnam, this provision is as follows:
“Article 4. Principles of entry, exit, transit, and residence
1. Comply with the provisions of this Law, other relevant provisions of Vietnamese law, or international treaties to which Vietnam is a contracting party.
2. Respecting independence, sovereignty, unity, and territorial integrity, ensuring national security and social order and safety, and equality in international relations.
3. Ensuring publicity, transparency, and convenience for foreigners; closely and uniformly manage the entry, exit, transit, and residence of foreigners in Vietnam.
4. Foreigners with multiple passports may only use one passport to enter, exit, transit or reside in Vietnam.”
Prohibited acts upon entry
Pursuant Article 5 of the Law on Entry and Exit 2014 stipulates:
“Article 5. Prohibited acts
1. Obstructing foreigners and related agencies, organizations, and individuals from exercising their rights, obligations, and responsibilities as prescribed by law on entry, exit, transit, and residence of foreigners in Viet Nam.
2. Making procedures, papers, and revenues contrary to the provisions of this Law and other relevant provisions of law; harassing and causing troubles in the completion of procedures for foreigners to enter, exit, transit, and reside in Vietnam.
3. Illegal entry, exit, transit, or residence in Vietnam; forging, using fake papers to enter, exit, transit, or reside in Vietnam.
4. Providing false information and documents to enter, exit, transit or reside in Vietnam.
5. Taking advantage of entry, exit, transit, or residence in Vietnam to oppose the State of the Socialist Republic of Vietnam; infringing upon the lawful rights and interests of agencies, organizations, and individuals.
6. Buying, selling, renting, leasing, borrowing, lending, erasing, erasing, correcting contents of papers with entry, exit or residence for foreigners to enter, exit, transit through, reside in Vietnam”
As such, acts that are strictly prohibited upon entry according to the provisions of the law must also comply with certain principles.
Authority to decide not to allow entry
For the authority to decide not to allow entry. This authority belongs to many different individuals and agencies. Not just the head of the immigration control unit.
The head of the control unit is only authorized to decide not to allow entry in the first 6 cases. In the following cases, the authority in turn belongs to:
- The Minister of Health;
- The Minister of Agriculture and Rural Development;
- Minister of Public Security, Minister of National Defense.
Conditions when entering Vietnam
In Vietnam, foreigners who want to enter Vietnam must meet the following conditions:
– Firstly, have a passport or valid international travel documents and a visa.
– Second, not in the cases that have not been allowed to enter the country.
The first condition refers to 3 types of documents: passport, international travel document, and visa. The first two types of paper are interchangeable. A visa is required.
- Passport is a type of identification when going abroad. On it is written the main information about that individual such as full name, nationality, etc.
- 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.
- The most important is the visa. This is a type of document issued by a competent Vietnamese agency, allowing foreigners to enter Vietnam. You can learn more in the article What is a Visa? How many types of visas are there?
Visa form and value
– Visas are issued into the passport, issued separately, or through electronic transactions. Besides, visas issued through electronic transactions are electronic visas.
– Visas are issued separately for each person, except for the following cases:
+ Issuing visas according to parents or guardians for children under 14 years old sharing a passport with their father or mother or guardian;
+ Issuing visas according to the personnel review list of the immigration management agency for foreigners visiting, traveling by sea, or transiting by the sea who wish to go inland to visit or travel under the program. events organized by international travel agencies in Vietnam; members of foreign military ships following the official program of visits outside the provinces or centrally-run cities where the ships or boats are anchored.
– The visa is valid once or multiple times; e-visas and visas issued for the case specified at point b, clause 2 of this Article are valid for one time.
Visas may not be converted for purposes, except in the following cases:
+ Having papers proving that they are investors or representatives of foreign organizations investing in Vietnam by Vietnamese law;
+ Having papers proving the relationship as father, mother, wife, husband, or child with the inviting or guarantor;
+ Being invited or guaranteed to work by an agency or organization and having a work permit or certification that it is not eligible for a work permit by the labor law;
+ Enter with an electronic visa and have a work permit or confirm that you are not eligible for a work permit by the labor law.
– In case of conversion of visa purposes according to the provisions of Clause 4 of this Article, a new visa with a symbol and duration suitable to the converted purpose will be granted. The order and procedures for granting new visas comply with the provisions of Article 19 of the Law on Entry and Exit.
– Under Article 21 of cases where entry is not permitted, the law provides:
“Article 21. Cases that have not been allowed to enter the country
- Failing to meet the conditions specified in Clause 1, Article 20 of this Law.
- Children under 14 years old are not accompanied by a parent, guardian, or authorized person.
- Forging papers, making false declarations to be granted valid papers on entry, exit, and residence.
- Persons suffering from mental illnesses or infectious diseases that pose a danger to public health.
- Being expelled from Vietnam for less than 03 years from the effective date of the decision on expulsion.
- Forced exit from Vietnam within 06 months from the effective date of the decision on forced exit.
- For reasons of disease prevention and control.
- Due to natural disasters.
- For reasons of national defense, security, social order, and safety.”
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Frequently asked questions
According to Article 2 of Circular 15/2011/TT-NHNN on the level of foreign currency in cash, Vietnamese dong in cash must be declared to the border gate customs upon exit and entry, specifically as follows:
1. Individuals, when exiting or entering through Vietnam’s international border gates with their passports, carrying foreign currencies in cash or Vietnamese dong in cash above the limit specified below must declare to the border gate customs:
a) USD 5,000 (Five thousand US dollars) or other foreign currencies of equivalent value;
b) 15,000,000 VND (Fifteen million Vietnamese Dong).
2. In case an individual enters the country with cash equal to or lower than USD 5,000 or other foreign currencies of equivalent value and wishes to deposit this amount of foreign currency in cash into a foreign payment account currency of individuals opened at credit institutions, foreign bank branches licensed to conduct foreign exchange activities (hereinafter referred to as authorized credit institutions), must also declare to the border gate Customs. The entry-exit declaration form certified by the border gate Customs on the amount of foreign currency brought in is the basis for the credit institution to allow cash deposit in the payment account.
3. The level of foreign currency in cash and Vietnamese dong in cash required to be declared to the border gate Customs as prescribed in Clause 1 of this Article does not apply to individuals who bring all kinds of means of payment and valuable papers. in foreign currency or Vietnam Dong such as traveler’s checks, bank cards, passbooks, securities, and other valuable papers.
Thus, when you bring an amount from 5,000 USD or 15,000,000 VND from abroad to Vietnam, it is required to declare customs.
In Clause 2, Article 10 of Decree 128/2020/ND-CP on violations of regulations on customs declaration of people on exit and entry for foreign currencies in cash, Vietnamese dong in cash, negotiable instruments, gold, Other precious metals, precious stones:
2. Persons entering with passports or other valid documents in place of passports issued by competent Vietnamese or foreign agencies, passports, or border identity cards fail to declare or make false declarations. Any amount of foreign currency in cash that is allowed to be carried, Vietnam dong in cash, or gold brought more than the prescribed amount upon entry, except for the case specified in Clause 3 of this Article, shall be sanctioned as follows:
a) A fine of between VND 1,000,000 and 2,000,000 shall be imposed in case of carrying more than the prescribed limit and the exhibits of violation are valued at between VND 5,000,000 and under VND 50,000,000;
b) A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for carrying over the prescribed limit and the exhibits of violation are valued at between VND 50,000,000 and under VND 100,000,000;
c) A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for carrying more than the prescribed limit but the exhibits of violation are valued at 100,000,000 VND or more without being examined for penal liability. the.
Accordingly, if you bring cash in without declaring it at customs, you may be fined from 1,000,000 to 20,000,000 VND according to the level of behavior that you violate.
Conclusion: So the above is Entry declaration to Vietnam regulated in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
