New Immigration Laws

Just the link, not going to remark on the current situation:

http://tuoitrenews.vn/society/25211/sea … -visa-rule

Budman1 wrote:

Just the link, not going to remark on the current situation:

http://tuoitrenews.vn/society/25211/sea … -visa-rule

makes you wonder sometimes...:
The new immigration procedure is a step back in the country's immigration procedure, Phuong concluded.

snake77 wrote:

Budman1 wrote:

Just the link, not going to remark on the current situation:

http://tuoitrenews.vn/society/25211/sea … -visa-rule

makes you wonder sometimes...:
The new immigration procedure is a step back in the country's immigration procedure, Phuong concluded.

My comment:

Dien dau

Budman1 wrote:

snake77 wrote:

Budman1 wrote:

Just the link, not going to remark on the current situation:

http://tuoitrenews.vn/society/25211/sea … -visa-rule

makes you wonder sometimes...:
The new immigration procedure is a step back in the country's immigration procedure, Phuong concluded.

My comment:

Dien dau

I've been corrected:

"Điên cái đầu"

Hi all

This is the answers from Public Security Ministry in Ho Chi Minh City

1. Maximum term of VEC (for spouse of Vietnamese) now, 6 months or 12 months?
2. Can it be extended? How many times maximum?

- Under the new law, it will be 6 months and cannot be extended (My comment: why? the law said 12 months for spouse of Vietnamese. There must be some misunderstanding here).
- However it still not be applied at this moment, the authority is waiting for a Circular for detail guiding. For the time being, the 3 months exemption still be applied.
- Solution is VEC holder should apply for a Temporary Resident Card. Immigration Department of HCMC already sells forms for VEC holder to apply for a TRC.

3. If it cannot be extended and VEC holders have to leave the country, can they comeback immediately or have to wait for a certain period? How long is that period?

- They can comeback whenever they want and have to apply for a 6 months visa when the guiding Circular be issued and took valid.
   
4. When the current VEC with term 3 months expires, can VEC's holders extend it?

Depends on when it expires. Before the issuance of guiding Circular, yes. After the issuance of such Circular, no.

5. What is the documents for VEC holders to apply for a Temporary Residence Card?

I owe you this. Cause Public Security Ministry does not in-charge of TRC for VEC holder. You will have to go to Provincial Immigration Department to know. So, next time I will visit HCMC Immigration Department to check and revert to you later.

Hmm so VEC will be useless after circular? So everyone that is not in Vietnam and holds a VEC will have to apply for a visa to travel to Vietnam? Is that how am reading it? And just keep requesting for a 6 month visa that may or may not be approved depending on mood of immigration that day.

Or apply for a TRC that is a rare commodity I heard somewhere.

VanKhanh Ho wrote:

Hi all

This is the answers from Public Security Ministry in Ho Chi Minh City

1. Maximum term of VEC (for spouse of Vietnamese) now, 6 months or 12 months?
2. Can it be extended? How many times maximum?

- Under the new law, it will be 6 months and cannot be extended (My comment: why? the law said 12 months for spouse of Vietnamese. There must be some misunderstanding here).
- However it still not be applied at this moment, the authority is waiting for a Circular for detail guiding. For the time being, the 3 months exemption still be applied.
- Solution is VEC holder should apply for a Temporary Resident Card. Immigration Department of HCMC already sells forms for VEC holder to apply for a TRC.

3. If it cannot be extended and VEC holders have to leave the country, can they comeback immediately or have to wait for a certain period? How long is that period?

- They can comeback whenever they want and have to apply for a 6 months visa when the guiding Circular be issued and took valid.
   
4. When the current VEC with term 3 months expires, can VEC's holders extend it?

Depends on when it expires. Before the issuance of guiding Circular, yes. After the issuance of such Circular, no.

5. What is the documents for VEC holders to apply for a Temporary Residence Card?

I owe you this. Cause Public Security Ministry does not in-charge of TRC for VEC holder. You will have to go to Provincial Immigration Department to know. So, next time I will visit HCMC Immigration Department to check and revert to you later.

Thanks VanKhanh Ho for the update information. Slowly all the pieces of the puzzle will come together.

Rick

Budman1 wrote:

Budman1 wrote:

snake77 wrote:

makes you wonder sometimes...:
The new immigration procedure is a step back in the country's immigration procedure, Phuong concluded.

My comment:

Dien dau

I've been corrected:

"Điên cái đầu"

Bi KHUNG thoi....

VanKhanh Ho wrote:

4. When the current VEC with term 3 months expires, can VEC's holders extend it?

Depends on when it expires. Before the issuance of guiding Circular, yes. After the issuance of such Circular, no.

I'm exactly in this situation. My 5years VEC would be expiring end of this month. So end of Nov.2014 I started to investigate and apply for a new VEC. Very complicated, for one, because they have not dealt with renewals of VEC to date that often. Furthermore, if applying at another place than the initial issuing place, they request the entire paper work (plus some extra) be submitted. So I did but short before years end they returned all and said to wait until the new rules are out plus that you can't apply for renewal before the old one actually expires.

Now, I have been told (this last Monday at Immigration in Ng.Trai Q.1) to apply for 3 month multiple entry and then either go to the place where they issued the original VEC or re-apply for a new one.

But they all could not answer what the terms and conditions would be on the new one, only that it will costs US$ 20 for a new one.

The old regulations state as follows:

3. The re-issuance or from the second issuance of Certificate of Visa Exemption

In case of applying for the re-issuance the Certificate of Visa Exemption (due to lost of visa exemption certificate or expired visa exemption certificate or issuance of new passport) at the initial issuing competent authorities, the applicant only needs to submit 01 application form with no certification of Vietnamese residing abroad required.
In case of application for re-issuance of Certificate of Visa Exemption (due to visa exemption certificate lost or expired) not submitted to the initial issuing agency, the applicant is required to submit all the documents as per the procedures applied to first-time issuance of Certificate of Visa Exemption.
http://mienthithucvk.mofa.gov.vn/Suppor … fault.aspx

I guess we all just have to wait and see.

We just renewed ours (VEC) in November, didn't have any problems, but it was at the same place (Saigon) where the initial ones were issued. Been going to Hau Giang where we actually live for all the extensions, again no problems. We're going on Monday to extend them again like usual with the normal request for 3 months. Hopefully a few more pieces of the puzzle will fall into place then.

Did my extension near end of December no problem.

During my sips of coffee I had time to reflect on this new immigration law. It sounds like the old immigration law where most Vietnamese still think you can only stay in Vietnam 6 months of the year. Back than most retired Vietnamese would live half the year in Vietnam and half the year in their foreign country.

And the temporary residence card of 12 months sounds like you have a better chance of acquiring it if you've been living in Vietnam for some time.

Either way this is going to negatively affect my new family life in Vietnam. I guess the other option if one wants to stay longer in Vietnam is to acquire a work visa or investment visa.

Budman1 wrote:

We just renewed ours (VEC) in November, didn't have any problems, but it was at the same place (Saigon) where the initial ones were issued. Been going to Hau Giang where we actually live for all the extensions, again no problems. We're going on Monday to extend them again like usual with the normal request for 3 months. Hopefully a few more pieces of the puzzle will fall into place then.

I suspect that is because you renewed at the place where they issued the first one. Keep us posted on what happens next Monday then & good luck!

khanh44 wrote:

Did my extension near end of December no problem.

Did you extend your stay for another 3 month or RENEW the VEC for another 5 years? Because I am talking about actually renewing the VEC, not extending the stay.

snake77 wrote:

Budman1 wrote:

We just renewed ours (VEC) in November, didn't have any problems, but it was at the same place (Saigon) where the initial ones were issued. Been going to Hau Giang where we actually live for all the extensions, again no problems. We're going on Monday to extend them again like usual with the normal request for 3 months. Hopefully a few more pieces of the puzzle will fall into place then.

I suspect that is because you renewed at the place where they issued the first one. Keep us posted on what happens next Monday then & good luck!

Thanks snake77. My advice is that everybody, especially those of us with VEC's just relax and wait this out. Remember the ball busters back in 2009? People ran around saying "the skys falling, the skys falling" Guess what, the sky didn't fall and things worked out. It just a slow process.

Rick

extending my stay.

Interesting situation you got there. I never had to file any paperworks. I acquired my VEC quite easily as did my dad through a travel agency.

Would be interesting to hear how these visa agents are renewing VEC's if any.

khanh44 wrote:

Would be interesting to hear how these visa agents are renewing VEC's if any.

Currently they're not. I never used such agents but in my current situation I thought I could try and a relative of my landlord runs one of these agencies in PNL, so he's connected. However, they came back and said that nothing is happening until next week. I guess the folks at the immigration don't even understand the rules themselves.

If staff try to understand and adapt it soon, then the country and people will be saved! 

snake77 wrote:

I guess the folks at the immigration don't even understand the rules themselves.

Reading article 12.5 of the new Immigration law ( ...foreigners being spouses and children of Vietnamese citizens shall be granted visa-free entry as prescribed by the government ), I'm thinking that there is a chance that VEC holder will have two choices of continuing their current status or using the new law, particularly:

1 - Continue using VEC and extend their residence period after each 3 months.

2 - Apply for a 6 months Visa, cannot be extended but can apply for a TRC for maximum 3 years.

That is a bright scenario. Hope so.

Nam_ wrote:

mrvranic wrote:

...Vietnam's National Assembly revamped the Vietnam immigration system by...setting new entry and exit bans.

'exit bans'?     What on earth did that link have to do with the  O/P's topic ????

https://www.youtube.com/watch?v=y8Kyi0WNg40

according to  Tuoi Tre news, Vietnam is considering the removal of visa requirement for 9, yes nine more countries, including Australia, refer to "vietnam ministriesfloat visa waiver for tourists from 9 more countries SEE below

https://www.google.com/url?q=http://tuo … qyHXHEkzAw  the link fro people from countries mentioned

Canada made the list. Hoping it gets approved.

I sent mail to the aus embassy, but their last update was July 2014, so I may go into see them,

Vietnam gov't asks to cut visa fee to US$5 despite new visa rule

Prime Minister Nguyen Tan Dung has asked relevant state agencies to reduce the fees for offering visa to foreign tourists entering Vietnam by sea from US$45 per visa under the new rule to US$5, according to a document recently issued by the Office of Government.

Specifically, according to the document, the Prime Minister asked the Ministry of Public Security to work with the Ministry of Defense, the Ministry of Culture, Sports and Tourism and other relevant authorities to create the most favorable conditions for foreign tourists to Vietnam by sea.

whole article here: http://tuoitrenews.vn/business/25316/go … -visa-rule

Went to my local immigrations office yesterday checking on, what, if any, changes there were to VEC. They told me that my current VEC would continue w/ no changes until it expires. Then I will have two new visa choices. Either the TT or VR category. One good for 6 months stay and costing, I think he said $45. The other lasting 12 months and costing $105. So it seems there will be no more VEC issued once your current expires. Sounds like a money grab.
As a footnote they now have a public address truck going around town saying they are going to enforce property tax collections, heretofore they have been very lack. Maybe uncle is getting short on money.
I must say it is business as normal at the immigration office. The head man did not even know the new laws interpretation and had to go get the law and research my questions. I am very fortunate here though, we have some very nice officers that treat us very well.

Kahan44, I think you might be mistaken that your VEC is a 5 year visa. It is my understanding that it only allows for the renewal of your 90 day visa for a period of 5 years max w/o having to leave the country. Am I wrong? If it were indeed a visa and not an exemption you would only have to renew it after your 5 year visa expired. Me, as I think most other, must renew our visa's every 90 days under current VEC's.

Tes exit bans. I don't know of any country that does not have an exit ban clause in their immigration laws. This is what happens when you visit a country and commit a crime. Your exit will be blocked until the matters is resolved. Visa's are intended as a way to control borders...that includes coming and going!

Budman....Don't know about down there where you are, but my office is applying the new rules now. Like I said they interpret the new law as an either/or. You can get a TT or a VR. One good for a 6 months stay, one good for 12 months. With a different cost for both. They could not answer my question if I would have to exit and enter the country again. Yet this point was not important to me as we will be leaving before my current VEC expires. It will be interesting to see what your immigration office says.

now, VEC allows you to stay in Vietnam for 6 months/ each entry. but you cannot extend the staying time as before.

KathyBrown1410 wrote:

now, VEC allows you to stay in Vietnam for 6 months/ each entry. but you cannot extend the staying time as before.

Not what immigrations is telling me. Yet, if it works for you it works for me. Your guess is as good as mine. I suspect we will learn more as it all unfolds and each office interprets the law differently. My office says I can apply for a TT (6 months) or a VR (12 months). I see no reason at this point to disagree with them.

Vagabondone wrote:

KathyBrown1410 wrote:

now, VEC allows you to stay in Vietnam for 6 months/ each entry. but you cannot extend the staying time as before.

Not what immigrations is telling me. Yet, if it works for you it works for me. Your guess is as good as mine. I suspect we will learn more as it all unfolds and each office interprets the law differently. My office says I can apply for a TT (6 months) or a VR (12 months). I see no reason at this point to disagree with them.

Folks that the reason the official's down here do not want to commit themselves one way or the other till the circular comes out in the next 90 days or so.
Rick

Budman1 wrote:

Vagabondone wrote:

KathyBrown1410 wrote:

now, VEC allows you to stay in Vietnam for 6 months/ each entry. but you cannot extend the staying time as before.

Not what immigrations is telling me. Yet, if it works for you it works for me. Your guess is as good as mine. I suspect we will learn more as it all unfolds and each office interprets the law differently. My office says I can apply for a TT (6 months) or a VR (12 months). I see no reason at this point to disagree with them.

Folks that the reason the official's down here do not want to commit themselves one way or the other till the circular comes out in the next 90 days or so.
Rick

Not sure what constitutes the circular coming out Budman, but my office showed it to me and read from it as well. I stand corrected on the length of stay for the TT and VR, by the way. I had them inverted. Further reading of the new rules it appears we VEC holders can now be granted TRC for up to 3 years if sponsored by our spouses. Maybe that will be a positive. Not sure what the cost of a TRC is, but maybe we can avoid the 90 day dog-n-pony show. So, when you go down to renew are you going to try and get the TRC Budman. If so let us know how it goes. No matter what you get, please let us know how it goes.

When dealing with these folks I don't count on anything until I walk out the door with a stamp. Lord knows how it might be handled by one office to the next or one officer to the next. Like I said, I know the head man and spoke to him. Yet, he certainly did not impress me that he knew the law or how it would work. Six months from now he may very well have the same knowledge. Ah, but I love it here!

Vagabondone wrote:

Budman1 wrote:

Vagabondone wrote:

Not what immigrations is telling me. Yet, if it works for you it works for me. Your guess is as good as mine. I suspect we will learn more as it all unfolds and each office interprets the law differently. My office says I can apply for a TT (6 months) or a VR (12 months). I see no reason at this point to disagree with them.

Folks that the reason the official's down here do not want to commit themselves one way or the other till the circular comes out in the next 90 days or so.
Rick

Not sure what constitutes the circular coming out Budman, but my office showed it to me and read from it as well. I stand corrected on the length of stay for the TT and VR, by the way. I had them inverted. Further reading of the new rules it appears we VEC holders can now be granted TRC for up to 3 years if sponsored by our spouses. Maybe that will be a positive. Not sure what the cost of a TRC is, but maybe we can avoid the 90 day dog-n-pony show. So, when you go down to renew are you going to try and get the TRC Budman. If so let us know how it goes. No matter what you get, please let us know how it goes.

We just renewed ours yesterday, so no need to go back for another 3 months. The circular I was referring to is what is being staffed now and will provide the guidance on how the new Decree will be implemented. The TRC would of course be nice but in less they allow both my wife and I to have them it won't work for us. She's not a VN national and we both hold VEC's.
Rick

Yeah Budman I forgot about your situation. I always am thinking your married to a VNese. No, it would not work for you. Understand now on what you meant by the circular. For me it is just a matter if interst as a bystander. It seems tgat immigratiobs now feels I can just keep on doing whatI have been doing for rhe next 4 1/2 years w/ my VEC. We have applied for her immigration visa. Hopefully it will be done by late wi ter next year. No rush though.

Vagabondone wrote:

Kahan44, I think you might be mistaken that your VEC is a 5 year visa. It is my understanding that it only allows for the renewal of your 90 day visa for a period of 5 years max w/o having to leave the country. Am I wrong? If it were indeed a visa and not an exemption you would only have to renew it after your 5 year visa expired. Me, as I think most other, must renew our visa's every 90 days under current VEC's.

I can leave Vietnam and come back into Vietnam without having to apply for a new visa so that's why I consider it a 5 year visa. The 90 days check-in requirement for extended stay I look as a condition of the visa.

Khanh44....I understand. You see it as being able to leave and re-enter w/o having to get a visa. Whereas I think most of us see it as not having to make a border run endlessly. That is we can stay in the country and not leave. Heck if I were wanting to leave every 90 days perhaps getting a new visa each time would not be so bad. But in truth I think it really just provides us with exemption from making border runs.

you make border runs every 90 days?