Continuing the series of articles on Vietnam’s investment visa issue, in this section, we will learn about the conditions, components of the application and procedures for applying for an investment visa in Vietnam.
Conditions to be considered for investment visas:
According to the Law on Entry, exit, transit and residence of foreigners in Vietnam No. 47/2014/QH13 as amended and supplemented by Law No. 51/2019/QH14 (hereinafter referred to as the Law), foreigners are considered for investment visas when they satisfy the conditions specified in Article 10 as follows:
- Having a valid passport or international travel document;
- There is an agency or organization in Vietnam that invites or guarantees a foreigner, unless there is a need for a visa not exceeding 30 days (e-visa or visa to enter Vietnam for market survey, tourism, visit relatives, get medical treatment…);
- Not falling into the cases that are not allowed to enter the country;
- Having documents proving the investment in Vietnam.
Components of the application for an investment visa:
To apply for an investment visa for foreigners, documents need to be prepared, including:
- A written application for a visa to a foreigner (form NA2) made by an agency or organization that invites or guarantees a foreigner and meets all the conditions specified in Clause 1, Article 14 of the Law;
- Visa application form (form NA1);
- Valid passport or international travel document;
- 02 recently taken photos, size 4×6, white background, straight face, bare head, without colored glasses (01 photo glued to the declaration, 01 photo kept separately);
- Documents proving the investment in Vietnam.
Procedures for investment visa application:
A. In the case of foreigners living abroad
Step 1: Submit a written request for a visa to a foreigner
Agency or organization that invites or guarantees a foreigner shall carry out procedures to prove their legal status by sending a written notice to the immigration management agency enclosed with the following documents:
- A certified copy of the license or decision of a competent authority on the establishment of the organization;
- A document introducing the seal and signature of an authorized person of the organization (form NA16).
The notification is done only once, if the inviting or guarantoring agency or organization has already carried out this procedure, there is no need to do it again. In case there is a change in the contents of the dossier, the inviting or guaranteeing agency or organization must make an additional notice.
After completing the procedures for proving legal status, the inviting or guaranteeing agency or organization shall directly send the written request for a visa to foreigners (form NA2) to the immigration management agency. In case the inviting or guarantoring agency or organization has an electronic account issued by the immigration authority and has an electronic signature, the inviting or guaranteeing agency or organization can send the above written request and receive a reply at the Immigration Portal.
Step 2: Immigration authorities consider the visa application
Immigration authorities will consider and process visa applications for foreigners during:
- 05 working days, for the case of applying for a visa at an overseas competent authority of Vietnam;
- Up to 03 working days, for the case of applying for a visa at an international border gate.
Step 3: Send the written notification from the immigration authority to the foreigner
After receiving the written notification from the immigration management agency, the inviting or guaranteeing agency or organization must notify the foreigner to carry out the procedures for receiving a visa at the registered competent authority of Vietnam abroad or the registered international border gate.
In case of applying for a visa at an overseas competent authority of Vietnam, the inviting or guarantoring agency or organization shall make a telegram request form (form NA4) and pay the immigration management agency fee for notification to the overseas competent authority of Vietnam.
Step 4: The foreigner submits the application for a visa at the registered agency
Foreigner shall submit visa application dossiers to the competent authority of Vietnam abroad or immigration control unit at international border gate. Documents submitted directly by foreigner include:
- Visa application form (form NA1);
- Valid passport or international travel document;
- 02 recently taken photos, size 4×6, white background, straight face, bare head, without colored glasses (01 photo glued to the declaration, 01 photo kept separately).
Step 5: Competent authorities consider the issuance of visas
Within 03 working days from the date of receipt of the notification from the immigration management agency, the visa-issuing authority of Vietnam abroad shall issue the visa.
The immigration control unit checks and compares with the announcement of the immigration authority and issues visas.
Step 6: Pay visa fee and get visa
Foreigner pays visa fees and receives visas if the visa-issuing authority of Vietnam abroad or the immigration control unit at the international border gate responds about the visa being issued.
B. In case a foreigner is temporarily residing in Vietnam
Step 1: Foreigners temporarily residing in Vietnam request the inviting or guarantoring agency or organization to carry out procedures at the immigration management agency.
Step 2: The inviting or guarantoring agency or organization directly sends a written request for a visa (form NA5) together with a valid passport or international travel document and 01 recently taken photo of the foreigner (size 4×6, white background, straight face, bare head, without colored glasses) at the immigration authority.
Step 3: Within 05 working days from the date of receipt of complete dossiers, the immigration authority shall consider the issuance of visas.
Step 4: The inviting or guaranteeing agency or organization goes to the immigration management agency to receive the reply. In case a visa is issued as a result, the inviting or guaranteeing agency or organization shall pay the visa issuance fee and receive the visa.
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Note: This article is for informational purposes only and it is not a legal advice. The content of the article represents its own of TTVN Legal, it subject to change without prior notice.