Guidelines for foreign experts and foreigners entering Vietnam during COVID-19 prevention and control.
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THE
NATIONAL STEERING COMMITTEE FOR COVID-19 PREVENTION AND CONTROL |
THE
SOCIALIST REPUBLIC OF VIETNAM |
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No. 5322/CV-BCD |
Hanoi, July 5, 2021 |
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To: |
- Ministries, Ministerial-level
agencies; |
Recently, the National Steering Committee for COVID-19 Prevention and Control, the Ministry of Health and related ministries and agencies have issued many guiding documents to enable foreign experts and foreigners to enter Vietnam while still ensuring the prevention of COVID-19 pandemic1. Nevertheless, in the course of implementation, certain problems actually arise in the management of foreign experts and foreigners on entry, quarantine, work and residence in Vietnam, causing negative impacts on the prevention and control of Covid-19.
Following the direction of the Prime Minister at Official Dispatch No. 570/CD-TTg dated May 2, 2021, Notice No. 82/TB-VPCP dated April 29, 2021, Notice No. 102/TB-VPCP dated April 11 5/2021; the National Steering Committee for COVID-19 Prevention and Control (hereinafter referred to as the National Steering Committee) has reviewed documents related to the processing of applications for and management of entry into Vietnam of foreign experts and foreigners lately. Based on the current pandemic situation, in order to strengthen the stricter control and management of the processing of applications for entry of foreign experts, foreigners into Vietnam to serve "dual goals", ensure entries are granted to eligible foreign experts, foreigners with proper needs and purposes; at the same time meet the requirements of pandemic prevention and control. In order to implement Official Dispatch No. 1329/VPCP-QHQT dated June 11, 2021 of the Government Office on reviewing the grant and management of entries to foreign experts and foreigners to Vietnam; the National Steering Committee provides additional guidance as follows:
1. The People’s Committees of provinces and central-affiliated cities (hereinafter referred to as provinces) shall:
- Based on the needs and proposals of agencies and organizations in the province, continue to consider approving: (i) List of foreign experts (including: technical experts, investors, business executives, skilled workers)2 and their relatives (including: parents, spouse, children) who are going to work for the said agencies and organizations; (ii) Other foreigners subject to entry approval of the People’s Committees of provinces (including: foreign students studying at schools in the provinces; applicants for entry in humanitarian, emergency, local treatment circumstances, etc.).
- Consider approving the policy that allows foreign experts and their relatives, and foreigners to be quarantined in the provinces; initiate the quarantine, health supervision and work supervision for experts and their relatives, and foreigners during their working time in the provinces; send periodical reports to the National Steering Committee as prescribed.
2. The Working Group of 5 Ministries (Foreign Affairs, Health, Public Security, National Defense, Transport) shall:
- Consider granting entries to: (i) Foreigners who are invited or sponsored by diplomatic missions, foreign consular offices, international organization mission; central agencies, ministries and branches3; (ii) Foreigners who are invited or sponsored by other agencies to serve socio-economic development goals and in other special cases (including humanitarian reasons, medical treatment and cases of entries to contract and work with varied provinces/cities) not specified in point 1 above but going beyond the authority of the People's Committee of the province or are still ineligible for entries so far.
- The Working Group of 5 Ministries shall monitor, expedite, advise, and deal with problems arising during the implementation process.
3. The Ministry of Foreign Affairs shall consider granting entries to foreigners for diplomatic and official purposes according to this Guide.
4. This Official Dispatch comes into force as of the date of signing for promulgation and supersedes the Official Dispatch No. 2847/CV-BCD dated May 23, 2020, Official Dispatch No. 3949/CV-BCD dated July 24, 2020, the Official Dispatch No. 1113/CV-BCD dated February 23, 2021 and the Official Dispatch No. 3440/CV-BCD dated April 27, 2021 of the National Steering Committee on management of entries to Vietnam to prevent and control COVID-19.
The National Steering Committee requests Ministries, ministerial-level agencies and the People's Committees of provinces to undertake specific implementations, ensuring that the entries are granted to eligible entities, with proper purposes and frequency and following safety measures to prevent and control the COVID-19 pandemic, eliminate misconduct and take strict actions against any violations; and make the Guidance on processing of applications for entries of foreign experts and foreigners into Vietnam widely known to units and people to ensure that it is rigorously followed (enclosed herewith).
Yours sincerely./.
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PP.
GROUP LEAD |
GUIDANCE
ON PROCESSING OF APPLICATIONS FOR ENTRIES OF FOREIGN
EXPERTS AND FOREIGNERS INTO VIETNAM
(Issued together with Official Dispatch No. .….. /CV-BCD dated ... /... ./
of the National Steering Committee for Prevention and Control COVID-19 pandemic)
I. Bases for implementation
- Law on Tourism No. 09/2017/QH14 dated June 19, 2017 of the National Assembly and Decree No. 38/2020/ND-CP dated April 3, 2020 of the Government on elaboration of the Law on Vietnamese Guest Workers;
- Government's Resolution No. 84/NQ-CP dated May 29, 2020 on tasks and solutions to further resolve difficulties for production and business, promote disbursement of public investment capital and ensure social peace and security in the context of the Covid-19 pandemic;
- Directive No. 01/CT-TTg dated January 5, 2021 of the Prime Minister on strengthening the prevention and control of COVID-19 pandemic;
- Official Telegram No. 540/CD-TTg dated April 23, 2021 of the Prime Minister on strengthening management of inbound flights to Vietnam;
- Official Telegram No. 541/CD-TTg dated April 23, 2021 of the Prime Minister on enhancement of COVID-19 prevention and control;
- Official Telegram No. 570/CD-TTg dated May 2, 2021 of the Prime Minister on rectification and improvement of effectiveness of COVID-19 prevention and control;
- Notices of the Government Office: No. 118/TB-VPCP on March 21, 2020, No. 122/TB-VPCP on March 24, 2020, No. 146/TB-VPCP on April 7, 2020, No. 170/TB-VPCP dated April 28, 2020, No. 182/TB-VPCP on May 15, 2020, No. 203/TB-VPCP on June 10, 2020, No. 238/TBVPCP on July 12, 2020, No. 330/TB-VPCP dated September 15, 2020, No. 82/TB-VPCP dated April 29, 2021, No. 102/TB-VPCP dated May 11, 2021 on the announcement of the Prime Minister's conclusions at meetings of Government Standing Committee on COVID-19 prevention and control.
II. Purposes and requirements
- Ensure fast and strict grant of entries to foreign experts and accompanying relatives, foreigners serving socio-economic development goals and other tasks as prescribed.
- Ensure that only eligible entities under the direction of the Prime Minister and the National Steering Committee are granted entries to Vietnam.
- Strengthen supervision of quarantine, post-quarantine and working program of foreign experts and accompanying relatives, foreigners to ensure the prevention and control of COVID-19 pandemic.
III. Contents
1. Entries to Vietnam granted to foreign experts and accompanying relatives2; foreigners subject to approvals of the Provincial People's Committee
1.1. Regulated entities: (i) Foreign experts who are invited, sponsored by agencies or organizations to enter to Vietnam, work and reside in provinces and their relatives; (ii) Other foreigners who are invited by agencies or organizations (including foreign students studying at schools in provinces/centrally-affiliated cities and applicants for entry in humanitarian, emergency, local treatment circumstances, etc.).
1.2. Processing:
- Based on the needs of agencies and organizations in the province, the People's Committee of province shall consider approving a list of foreign experts and accompanying relatives, foreigners eligible for entries and forward the list to the Ministry of Public Security (Immigration Department) for consideration.
- A written application for entries granted to foreign experts and accompanying relatives, foreigners filed by an inviting or sponsoring agency shall at least contain: (i) A proposed list of foreign experts and accompanying relatives, foreigners to be entered, purposes, time of entries and stay (which clearly states the entry necessity of these cases); (ii) A plan for pickup and transport; a plan for quarantine at quarantine facilities designated or selected by the People's Committee of province; (iii) A program or working plan, places of residence of foreign experts and accompanying relatives, foreigners in the province; (iv) contact information (address, phone number, email); (iv) A written commitment of the inviting or sponsoring agency for COVID-19 prevention and control when inviting foreign experts and accompanying relatives and foreigners to Vietnam, ensuring that: (a) Foreign experts and accompanying relatives, foreigners are tested for SARS-CoV-2 by PCR technique within 3 days before the date of entry into Vietnam, (b) They hold international health insurance or the inviting or sponsoring agencies undertake to pay treatment costs if the foreign experts and accompanying relatives, foreigners are infected with COVID-19, (c) Other documents (if any).
- The inviting or sponsoring agency shall submit applications for entry visa to the foreign experts, accompanying relatives, and foreigners together with the written approval of the People's Committee of province to the Ministry of Public Security (Immigration Department).
- The People's Committee of province shall designate, select centralized quarantine facilities exclusively for foreign experts and accompanying relatives, foreigners in the province (hereinafter referred to as quarantine facilities) under guidance of the Ministry of Health3.
- The People's Committee of province shall direct relevant units to take samples and control the centralized quarantine, health supervision upon the completion of the centralized quarantine period as prescribed and under guidelines of the Ministry of Health. Absolutely eliminate cross-infection within the quarantine facility and community infection.
- In case a foreign applicant seeks humanitarian entry as he/she needs emergency aid because his/her life is threatened and he/she stays at a road, railway, or waterway checkpoint, the People’s Committee of the province/city in charge of that checkpoint shall consider the entry approval, admission and management thereafter. To be granted the entry, the applicant must obtain a written consultation of the receiving hospital and an appropriate isolation in Vietnam.
- Forces in charge of immigration/emigration inspection and control at land, waterway, aviation, railway and seaport border checkpoints are only allowed to process entries for foreigners when they fully meet the prescribed requirements in this Guide.
2. Entries to Vietnam granted to other foreigners subject to approvals of the National Steering Committee
2.1. Regulated entities: (i) Foreign experts and accompanying relatives, foreigners who are invited or sponsored by diplomatic missions, foreign consular offices, international organization mission; central agencies, ministries and branches4; (ii) Foreigners who are invited or sponsored by other agencies to serve socio-economic development goals and in other special cases (including humanitarian reasons, medical treatment) not specified in point 1 above but going beyond the authority of the People's Committee of the province or are still ineligible for entries so far.
2.2. Working Group of 5 Ministries (Foreign Affairs, Health, Public Security, Defense, Transport) shall proceed as follows:
(i) The inviting or sponsoring agency of foreign experts and accompanying relatives, foreigners shall submit an application to the People's Committee of province seeking approval for the foreigner to be quarantined in the province. In particular, the inviting agency needs to register a list and propose a specific plan for quarantine and pickup vehicles according to the detailed instructions of the province, the National Steering Committee for COVID-19 Prevention and Control. After receiving the written notice of the People's Committee of province, the inviting agency shall submit an application to the Working Group of 5 Ministries (via the Ministry of Foreign Affairs).
(ii) The People's Committee of province shall consider issuing a decision on approval for (or rejection to) the application for entries of the foreign experts and accompanying relatives, foreigners, including the quarantine plan proposed by the inviting agency; and forward it to the Working Group of 5 Ministries (via the Ministry of Foreign Affairs).
(iii) After reviewing the application filed by the inviting or sponsoring agency, the Ministry of Foreign Affairs shall seek consultation from the Working Group of 5 Ministries in the matter of entry approval for the foreign experts and accompanying relatives, foreigners.
The application filed by the inviting or sponsoring agency must contain: (1) The written approval of the People's Committee of province for the quarantine plan; (2) A written commitment of the inviting or sponsoring agency for COVID-19 prevention and control when inviting foreign experts and accompanying relatives and foreigners to Vietnam, ensuring that: (a) Foreign experts and accompanying relatives, foreigners are tested for SARS-CoV-2 by PCR technique within 3 days before the date of entry into Vietnam, (b) They hold international health insurance or the inviting or sponsoring agencies undertake to pay treatment costs if the foreign experts and accompanying relatives, foreigners are infected with COVID-19, (c) Other documents (if any).
(iv) On the basis of the consolidated consultation of the Working Group of 5 Ministries, the Ministry of Foreign Affairs (shall authorize the Consular Department to) issue a written notice of the National Steering Committee on the final decision on the application for entries of the foreigners to Vietnam to the Border Guard Command (the Ministry of National Defense), Immigration Department (the Ministry of Public Security) and relevant local governments, agencies and organizations for implementation.
(v) On the basis of a written notice of the Ministry of Foreign Affairs (authorized to the Consular Department), the Ministry of Public Security shall take charge for considering granting approval for foreigners to enter Vietnam according to the guidance of the Ministry of Public Security5, notifying the relevant agencies (Vietnamese overseas missions, border guards, police) to grant visas to experts and accompanying relatives, foreigners according to Articles 17, 18, 19 of the Law on entry, exit, transit and residence of foreigners in Vietnam. The Ministry of Health, the Ministry of National Defense, the Ministry of Transport, relevant local governments and agencies shall perform the tasks assigned.
(vi) In case of exceeding the authority of the Working Group of 5 Ministries, the Ministry of Foreign Affairs shall, on behalf of the Working Group, report to the Prime Minister for consideration and decision.
2.3. In case the foreign experts and accompanying relatives, foreigners are about to enter varied provinces, the inviting or sponsoring agency shall seek written approvals for the program and work plans of these foreign experts from the People’s Committees of relevant provinces; and then proceed the procedures specified in point 2.2 above.
3. Entries to Vietnam granted to foreigners for diplomatic and official purposes and their relatives (parents, spouse, children)
3.1. Eligible entities: The guests subject to approvals of the Ministry of Foreign Affairs as prescribed in the Law on entry, exit, transit and residence of foreigners in Vietnam No. 47/2014/QH13 dated June 16, 2014 of National Assembly and Law No. 51/2019/QH14 dated May 25 November 11, 2019 of the National Assembly on amendments to the Law on entry, exit, transit and residence of foreigners in Vietnam No. 47.
3.2. Processing:
- The inviting or sponsoring agency of foreigners being the guests specified in point 3.1. above shall send a diplomatic note to the competent authority of the Ministry of Foreign Affairs (Department of Consular) for further consideration. The diplomatic note shall clearly state the following of the guests: the flight, quarantine location, means of transport from airport to the quarantine facility, and commitment to follow safety measures for Covid-19 prevention and control as prescribed.
- Upon the proposal of the inviting or sponsoring agency, the competent authority of the Ministry of Foreign Affairs shall cooperate with the competent authority of the Ministry of Public Security in reviewing and granting entry approvals or visas (where necessary); and communicating with local specialized agencies to approve the plan for pickup, quarantine and health supervision of the mentioned foreigners.
- On the basis of the document of the competent authority of the Ministry of Foreign Affairs, the inviting or sponsoring agency shall send relevant documents to the People's Committee of the province/centrally-affiliated cities to receive and quarantine the entrants.
- In case of exceeding the authority of the Working Group of 5 Ministries, the Ministry of Foreign Affairs shall, on behalf of the Working Group, report to the Prime Minister for consideration and decision.
- As for guests of the Party, State, National Assembly, Government: Follow the plan to welcome the delegation approved by the leaders of the Party, State, National Assembly and Government.
IV. Responsibilities for implementation
1. The People’s Committees of provinces shall:
- Approve the need to invite foreign experts and accompanying relatives, foreigners of agencies, organizations and enterprises, ensuring eligible entities and appropriate frequency; approve plans for movement, quarantine, health supervision and health monitoring (in the province) of foreign experts and accompanying relatives, foreigners; organize health supervision and monitoring of foreign experts and accompanying relatives, foreigners after entry; give assignment between local agencies, ensure the management from the centralized facilities to the places of residence (after the quarantine period is over). Issue decisions within authority, take responsibility for receiving, and quarantining people on entry, ensure strict supervision of quarantined entrants, ensure strict compliance with regulations on prevention and control of COVID-19, absolutely eliminate cross-infection within the quarantine facility and community infection. Take rigorous actions against cases of misuse, self-seeking, and failure to comply with regulations on pandemic prevention and control.
- Consider the entry approval, admission and management of an applicant who seeks humanitarian entry as he/she needs emergency aid because his/her life is threatened and he/she stays at a road, railway, or waterway checkpoint. Taking account of the application and particular circumstances, the People's Committee of the province may consider issuing a decision without requiring all prescribed documents. During the emergency aid, the People's Committee of province shall communicate with the Ministry of Public Security (the Immigration Department) and the Ministry of National Defense (the Border Guard Command) in writing to carry out immigration procedures according to regulations.
- Receive, implement quarantine and supervision tasks for cases approved by the National Steering Committee (the Working Group of 5 Ministries).
- Promulgate regulations requiring inviting agencies, organizations and enterprises to report to the provincial People's Committee on the activities of experts and accompanying relatives, foreigners; compliance with the plan for transportation, quarantine, and COVID-19 prevention and control at the accommodation, etc. of the experts and accompanying relatives, foreigners.
- Send quarterly report to the National Steering Committee for COVID-19 Prevention and Control (through the Standing Body of the Steering Committee, which is the Ministry of Health, and to the Ministry of Public Security and the Ministry of Foreign Affairs) on the situation of approval, entry, quarantine, etc. of experts and accompanying relatives, foreigners in the province. Promptly report and propose to resolve difficulties and inquiries during the implementation process.
- In case of detecting foreign entrants infected with SARS-COV-2 in the quarantine area, promptly notify the task forces at the entry border checkpoint to take measures for pandemic prevention and control in a timely manner.
2. Ministry of Health (Standing Agency of National Steering Committee for Covid-19 Prevention and Control) shall
- Provide authorities and local governments with guidance on quarantine, supervision, testing, and measures to prevent and control the COVID-19 pandemic for the entries as prescribed.
- Coordinate with relevant units to check and supervise the implementation.
- Take charge and coordinate with the Ministry of Public Security, National Defense and Foreign Affairs in monitoring and consolidating the situation of experts and their accompanying relatives and foreigners on entry to advise on pandemic prevention and control; report to the National Steering Committee and the Prime Minister to resolve related problems and inadequacies.
- Research and issue guidelines on the form and time of application of quarantine for foreign experts and accompanying relatives, foreigners who have been fully vaccinated against COVID-19 as prescribed.
- Provide authorities and local governments with guidance on quarantine, supervision, testing, and measures to prevent and control the COVID-19 pandemic for the entries as prescribed.
3. The Ministry of Foreign Affairs shall
- Act as the contact point for receiving applications for entries of foreigners subject to approval of the National Steering Committee; and notifying the processing results to the provincial People's Committee, relevant agencies and organizations for implementation.
- Consider granting entry approval to foreigners for diplomatic and official purposes and their relatives (parents, spouse, children).
- Consider and propose to resolve difficulties and inquiries during the implementation process.
- Direct Vietnamese overseas missions to grant appropriate visas to foreign experts and accompanying relatives and foreigners according to the announcement of the Immigration Department affiliated to the Ministry of Public Security.
4. The Ministry of Public Security shall
- Review applications for visas filed by enterprises/agencies and notify relevant agencies (Vietnamese overseas missions, border guards, police) to grant visas experts and accompanying relatives, foreigners who have been allowed to enter Vietnam under the Law on entry, exit, transit and residence of foreigners in Vietnam.
- Manage and handle the entries of experts and accompanying relatives, foreigners; coordinate in reviewing the experts residing in the localities; examine and handle individuals and organizations committing violations.
- Direct and guide police authorities and local governments in strict management of foreigners' entries, quarantine and residence in localities.
- Release quarterly statistics on the number of experts on entry and stay order to report to the Working Group of 5 Ministries through the Ministry of Health (Standing Agency of the National Steering Committee).
5. The Ministry of National Defense shall
- Allow entries of experts and accompanying relatives, foreigners holding appropriate visas at the border checkpoints managed by the Border Guard.
- Issue visas to experts and accompanying relatives, foreigners according to Article 18 of the Law on entry, exit, transit and residence of foreigners in Vietnam.
- Release quarterly statistics on the number of experts on entry at border checkpoints managed by the Border Guard to report to the Working Group of 5 Ministries through the Ministry of Health (Standing Agency of the National Steering Committee).
6. The Ministry of Transport shall
Direct the issuance of flight permits for flights carrying experts and foreigners who have been allowed to enter Vietnam.
7. Agencies, organizations, and individuals that invite or sponsor experts, foreigners
- Make sure to invite appropriate experts, foreigners to do appropriate jobs. Make a written commitment to be held fully liable for the information given in the written request and be responsible for organizing and strictly implementing the requirements for COVID-19 prevention and control before, during and after the entries.
- The inviting or sponsoring agencies of foreign experts shall ensure that: the foreign experts and accompanying relatives, foreigners are tested for SARS-CoV-2 by PCR technique within 3 days before the date of entry into Vietnam (except for special cases); they hold international health insurance or the inviting or sponsoring agencies undertake to pay treatment costs if the foreign experts and accompanying relatives, foreigners are infected with COVID-19; safety measures are taken against COVID-19 when inviting foreign experts and accompany relatives, foreigners entering Vietnam.
- The agencies that apply for entries of foreign experts and accompanying relatives, foreigners shall make a written commitment to be held fully liable for the information given in the written request, obtain a business registration certificate or an operation license with functions and tasks suitable for the purpose of the entry request bearing full registered signature and seal of the agencies.
- The individuals that apply for entries and are eligible for entries shall make a written commitment to be held fully liable for the information given in the written request and be responsible for strict implementation of the requirements for COVID-19 prevention and control before, during and after the entries.
- The individuals that apply for entries and are eligible for entries shall make a written commitment to be held fully liable for the information given in the written request and provide sufficient information (address, phone number, email, passport and residential address after the end of the centralized quarantine period) and attached documents proving the grounds for applying for entry.
This guide will be amended and updated according to the immigration policies, regulations on pandemic prevention and control of the Government and the National Steering Committee for COVID-19 Prevention and Control./.
1 Official Dispatch 2847/CV-BCD dated May 23, 2020, 3949/CV-BCD dated July 24, 2020, 3440/CV-BCD dated April 27, 2021 of the National Steering Committee for Covid-19 Prevention and Control.
2 According to Notice No. 182/TB-VPCP dated May 15, 2020 of the Office of the Government, Official Dispatch No. 2847/CV-BCD dated May 23, 2020 of the National Steering Committee.
3 Including foreign correspondents in Vietnam; foreign students studying in Vietnam under ministerial-level cooperation programs.
1 The term “foreign expert” in this Guide is understood to include: investors, technical experts, skilled workers, business executives.
2 Relatives are understood as: parents, spouse, children.
3 Decision No. 878/QD-BYT of the Ministry of Health dated March 12, 2020 promulgating "Guidelines for quarantine at centralized quarantine facilities to prevent and control COVID-19" or Decision No. 1246/QD-BYT of the Ministry of Health dated March 20, 2020 on “Interim guidance on pay-to-stay Covid-19 quarantine at hotels”.
4 Including foreign correspondents in Vietnam; foreign students studying in Vietnam under ministerial-level cooperation programs.
5 Instructions on the application for approval for foreigners to enter Vietnam sponsored by agencies and organizations during the period of application of measures to prevent and control the COVID-19 pandemic, enclosed with Official Dispatch No. 3374/BCA- QLXNC dated October 2, 2020. In particular, the inviting agency or organization of foreigners shall, upon submission of the application for entries, enclose a photocopy of the written opinion of the Steering Committee.
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