Partner Nguyen Danh Cong

J.A Tran Thi Nhu Quy

Công ty Luật TNHH DIMAC

Following the issuance of Law No.23/2023/QH151 amending several Articles of Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam (amended Law No. 23) (which took effect from 15 August 2023), on 14 August 2023, the Vietnam government issued Resolution No.127/NQ-CP and Resolution No.128/NQ-CP which will facilitate foreigners entering Vietnam and bring a major boost to the country’s tourism and investment attraction.

Highlighted below are key points to note about the Resolutions:

1.     Resolution No.127/NQ-CP dated 14 August 2023 on electronic visas

Photo: Foreigners checking in at the international airport border gate

Source: Vietnam Tourism

Resolution No. 127/NQ-CP allows the issuance of e-visas to citizens of all countries and territories and lists of international border gates allowing foreigners to enter and exit with e-visas, including 13 air border gates, 16 land border gates, and 13 sea border gates. This Resolution takes effect from 15 August 2023.

2.      Resolution No.128/NQ-CP dated 14 August 2023 on the unilateral agreement on visa exemptions

The Government decided to exempt visas for citizens of 13 countries: the Federal Republic of Germany, the Republic of France, the Republic of Italy, the Kingdom of Spain, the United Kingdom of Great Britain and Northern Ireland, Russia, Japan, the Republic of Korea, the Kingdom of Denmark, the Kingdom of Sweden, the Kingdom of Norway, the Republic of Finland, and the Republic of Belarus with the 45-day temporary residence period from the date of entry, regardless of passport type or purpose of entry, on the basis of meeting all the entry conditions as prescribed by the law of Vietnam.

Previously, the National Assembly approved the Law amending and supplementing a number of articles of the Law on Entry and Exit of Vietnamese citizens and the Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam. Accordingly, it is allowed to extend the duration of e-visas from no more than 30 days to no more than 90 days, validation for one time or multiple times; extend the temporary residence period from 15 days to 45 days for citizens of countries that are unilaterally exempted from visas by Vietnam and considered for visa issuance and temporary residence extension according to other provisions of the Law; and supplement the responsibility of accommodation establishments and the obligation of foreigners to present passports and valid documents of residence in Vietnam to accommodation establishments to make temporary residence declaration according to the regulations.

Key insights:

The above resolutions, together with amended Law No. 23, will help inbound travelers to enter and exit Vietnam more easily for business or investment purposes.  For businesses and individuals from those countries that plan to travel to Vietnam for cross-border business activities, awareness of these changes is important to help successfully manage mobility plans and budgets related to such travel.

In addition, please note, that as required by Vietnam’s Immigration Department, foreign nationals applying for e-visas to Vietnam must declare their previous trips to Vietnam within one year prior to the application date, in which details on the length of the person’s stay and purpose of entry for each trip will be required (for management purposes).  As such, to avoid being challenged by the competent authorities, foreign nationals entering Vietnam for business/working purposes must also be compliant with the country’s labor regulations.