Decree No.82/2015/ND-CP on Visa Exemption for Foreigner Spouses with Vietnamese Citizens

This Decree specifies conditions for visa exemption, procedures for issuance of certificates of visa exemption prescribed in Clause 5 Article 12 of the Law on Entry, Exit, Residence of Foreigners in Vietnam.

DECREE

VISA EXEMPTION FOR VIETNAMESE PEOPLE RESIDING OVERSEAS AND FOREIGNERS WHO ARE SPOUSES, CHILDREN OF VIETNAMESE PEOPLE RESIDING OVERSEAS OR OF VIETNAMESE CITIZENS

Pursuant to the Law on Government organization dated December 25, 2001;

Pursuant to the Law on entry, exit, transit and residence of foreigners in Vietnam dated June 16, 2014;

At the request of the Minister of Public Security,

The Government promulgates a Decree on visa exemption for Vietnamese people residing overseas and foreigners who are spouses, children of Vietnamese people residing overseas or of Vietnamese citizens.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree specifies conditions for visa exemption, procedures for issuance of certificates of visa exemption prescribed in Clause 5 Article 12 of the Law on entry, exit, transit, residence of foreigners in Vietnam.

Article 2. Regulated entities

1. Vietnamese people residing overseas and foreigners who are spouses, children of Vietnamese people residing overseas or of Vietnamese citizens.

2. Relevant organizations and individuals.

Article 3. Conditions for visa exemption

To be granted a certificate of visa exemption, a person must:

1. Has a passport or another international travel document that is still valid for at least one more year.

2. Has documents proving that he/she is a person eligible for visa exemption as prescribed in Clause 1 Article 2 of this Decree.

3. Not banned or suspended from entry or exit as prescribed in Article 21 and Article 28 of the Law on Immigration and residence of foreigners in Vietnam.

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Chapter III

IMPLEMENTATION

Article 13. Transition clauses

1. Unexpired certificates of visa exemption issued before the effective date of this Decree may be used until their expiration.

2. People who enter Vietnam using certificates of visa exemption issued before the effective date of this Decree and wish to obtain an extension of temporary residence duration to handle personal affairs may be granted an extension of up to 90 days.

3. Applications for certificate of visa exemption submitted before the effective date of this Circular shall be processed in accordance with the Prime Minister’s Decision No. 135/2007/QD-TTg dated August 17, 2007 on visa exemption for Vietnamese people residing overseas and the Prime Minister’s Decision No. 10/2012/QD-TTg dated February 10, 2012 on amendments to Decision No. 135/2007/QD-TTg.

Article 14. Effect

1. This Decree comes into force from November 15, 2015.

2. The Prime Minister’s Decision No. 135/2007/QD-TTg and Decision No. 10/2012/QD-TTg dated February 10, 2012 on amendments to Decision No. 135/2007/QD-TTg are annulled from the effective date of this Decree.

Article 15. Responsibility for implementation

1. The Ministry of Public Security shall provide guidance, organize the implementation of this Decree, and issue templates of documents related to issuance of certificates of visa exemption.

2. Ministers, Heads of ministerial agencies, Heads of Governmental agencies, Presidents of the People’s Committees of provinces, relevant organizations and individuals are responsible for the implementation of this Decree./.