LEGAL BASIS OF VIETNAM VISA ON ARRIVAL
Since its introduction in 2004, Vietnam visa on arrival has soon become preferred by thousands of travelers to Vietnam by air thanks to its simplicity in application, convenience and time saving as well.
But, as a Vietnam visa center trusted by over 300,000 groups of travelers in over 11 years, Vietnam-visa.com received several questions concerning its legitimacy, among them the most common one is: “Is Vietnam visa on arrival is a spam or not?”. The answer is NO. It’s 100% legitimate with the following legal basis:
FACT 1: ORDINANCE ON ENTRY, EXIT AND RESIDENCE OF FOREIGNERS IN VIETNAM
The Ordinance No. 24/2000/PL-UBTVQH10 of April 28, 2000) approved & singed on April 28, 2000 by Mr. Nong Duc Manh – Chairman of Vietnam National Assembly saying that:
- Vietnamese agencies and organizations, Vietnam -based foreign agencies and organizations as well as international organizations, Vietnamese citizens and foreigners lawfully residing in Vietnam may invite foreigners into Vietnam.
- Agencies, organizations and individuals that invite foreigners into Vietnam shall have to ensure the compliance with foreigners’ entry purposes, ensure financial matters and their cooperation with the State bodies to settle arising problems for foreigners.
Foreigners applying for entry shall be granted visas at Vietnam’s international border gates in the following cases:
- They enter for funerals of their relatives, for visits to their seriously ill relatives;
- They depart from countries where Vietnamese diplomatic missions and/or consulates are not available;
- They enter for visits under programs organized by international tour enterprises of Vietnam;
- They enter to provide urgent technical support for programs, projects; to give first-aid to seriously ill persons, accident victims; to provide rescue for victims of natural disasters and epidemics in Vietnam;
- For other urgent reasons.
FACT 2: DECREE NO. 21/2001/ND-CP OF MAY 28, 2001
This decree detailing the implementation of the Ordinance on Entry, Exit and Residence of Foreigners in Vietnam approved & signed by Prime Minister Phan Van Khai saying:
1. Agencies assigned to assume the prime responsibility for receiving foreign guests into Vietnam at the invitation of the Party Central Committee, the National Assembly, the State President or the Government and guests of the equivalent level of ministers, vice ministers, presidents or vice presidents of the People’s Committees of the provinces and centrally-run cities, shall send written notices on the invitation and reception of foreign guests to the Consular Department of the Ministry for Foreign Affairs. The Consular Department of the Ministry for Foreign Affairs shall notify the Vietnamese diplomatic missions or consular offices in foreign countries thereof, so that the latter grant visas to the above-said invited guests, and at the same time notify such to the Exit and Entry Management Department of the Ministry of Public Security.
For foreigners entering to work at the foreign diplomatic missions or consular offices, representative offices of the United Nations’ international organizations, the inter-governmental organizations based in Vietnam and their accompanying next of kin and servants, the above-said agencies shall have to send written notices on the invitation and reception of foreign guests to the Consular Department of the Ministry for Foreign Affairs. The Consular Department of the Ministry for Foreign Affairs shall notify such in writing to the Exit and Entry Management Department of the Ministry of Public Security before notifying and requesting the Vietnamese diplomatic missions or consular offices in foreign countries to grant visas.
Within 2 working days after receiving the written notices, if it detects that the invited foreigners fall into cases not yet permitted for entry, the Exit and Entry Management Department of the Ministry of Public Security shall inform such to the Consular Department of the Ministry for Foreign Affairs.
2. Agencies, organizations and individuals that invite foreigners into Vietnam who are not specified in Clause 1 of this Article shall send written notices or requests to the Exit and Entry Management Department of the Ministry of Public Security.
The Exit and Entry Management Department of the Ministry of Public Security shall notify its approval to the Vietnamese diplomatic mission or consular offices in foreign countries so that the latter grant visas to invited foreigners within 5 working days after the written notices or requests are received. If it detects that the invited foreigners fall into cases not yet permitted for entry, the Exit and Entry Management Department of the Ministry of Public Security shall inform the inviting agencies, organizations and/or individuals thereof.
3. Agencies, organizations and/or individuals that wish to have visas granted at Vietnam’s international border-gates to foreigners falling into cases specified in Article 6 of the Ordinance shall send written requests to the Exit and Entry Management Department of the Ministry of Public Security. In cases of application for visa granting at border-gates for urgent reasons, the written requests therefor must be filed at least 12 hours before the invited foreigners arrive at the border-gates.
FACT 3: JOINT CIRCULAR NO. 04/2002/TTLT/BCA-BNG
The Joint Circular No. 04/2002/TTLT/BCA-BNG of January 29, 2002 of the Ministry of Public Security and the Ministry of Foreign Affairs guiding the implementation of the Government’s Decree No. 21/2001/ND-CP of May 28, 2001 detailing the implementation of the Ordinance on Entry, Exit and Residence of Foreigners in Vietnam says:
1. For foreigners liable to carry out procedures at the Ministry of Public Security
a/ Agencies and organizations, which wish to invite into Vietnam foreigners who are not liable to carry out procedures at the Ministry for Foreign Affairs as defined at Point 1 of this Section, shall send written requests to the Exit and Entry Management Department. If they request the granting of visas to guests at international border gates, their written requests must clearly state the border gates and time of the guests? entry, as well as reasons for granting of visas at border gates.
Organizations defined at Points d, e, g and h, Clause 1, Article 4 of the Decree, before carrying out the procedures for inviting and/or guaranteeing foreigners to enter Vietnam, must submit dossiers evidencing their legal person status to the Exit and Entry Management Department. Each dossier comprises:
– Permit or decision of a competent authority on the organization’s establishment;
– Written operation registration of the organization, with certification of the People?s Committee of the province or centrally-run city where the organization is headquartered;
– Written document presenting the seal and signature of the competent person of the organization.
The above-said dossier submission shall be made only once. Any change in dossier content must be notified in writing by the submitting organization to the Exit and Entry Management Department for dossier supplementation.
In conclusion, we just quote here some articles to show you that we are a Vietnamese agency legally established and operating under the Vietnamese laws and we have to provide a lot of papers and documents to the Vietnam Immigration Department (belonging to Ministry of Public Security) in order to get the visa approval letter for your visa on arrival at Vietnam International Airports, we are not the issuer of such letters. Therefore we have to charge you for performing as a connection between you and the Vietnam Immigration Department, sending you the visa approval letter and making sure your visa run smoothly on arrival at the airport of Vietnam.
You can contact directly at Vietnam embassy or consulate in your country to get a visa for Vietnam beforehand if you do not wish to spend such fee on us.