Vietnam is increasingly becoming a key destination for international travel, business, and diplomacy. As the country integrates more deeply into the global economy, understanding the legal framework governing foreign nationals in transit is crucial for individuals, corporations, and legal practitioners. The Vietnamese government has established clear rules to ensure that foreign nationals who enter, exit, transit, or reside temporarily in the country can do so in a lawful and safe manner.
This legal bulletin summarizes the rights, obligations, and principles that foreign nationals in transit in Vietnam must observe, based on the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014. Understanding these provisions is essential for avoiding legal complications, ensuring compliance, and promoting smooth interactions with Vietnamese authorities.
1. Rights of Foreign Nationals in Transit in Vietnam
According to Clause 1, Article 44 of the 2014 Law, foreign nationals entering, exiting, transiting, or residing in Vietnam enjoy the following rights:
- Protection of life, honor, property, and legitimate interests under Vietnamese law during their stay.
- Sponsorship of family members:
- Temporary residence card holders may sponsor grandparents, parents, spouses, or children to visit Vietnam, or have children under 18 reside with them during the validity of their temporary residence card, subject to approval by sponsoring authorities.
- Permanent residence card holders may similarly sponsor family members for visits.
- Freedom of movement within Vietnam: Lawfully residing foreigners may travel for tourism, visiting relatives, or medical treatment without prior permission; access to restricted areas is subject to legal regulations.
- Seafarers: Allowed to disembark within the province or city where their vessel is docked; travel beyond this area or exit via other border gates requires a visa.
- Education and employment:
- Spouses and children accompanying diplomatic or international organization personnel may work with a work permit, except where prohibited, and may study with authorization from educational institutions.
- Students under international agreements may combine study with employment if permitted by their educational institution.
- Stateless persons: May enter Vietnam for tourism or family visits; those residing in Vietnam who wish to exit may obtain travel documents from the Ministry of Public Security.
2. Obligations of Foreign Nationals in Transit in Vietnam
According to Clause 2, Article 44 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014 (amended and supplemented in 2023), foreign nationals entering, exiting, transiting, or residing in Vietnam must fulfill the following obligations:
- Comply with Vietnamese law and respect Vietnam’s cultural traditions, customs, and practices.
- Ensure that activities in Vietnam are consistent with the purpose of entry.
- Carry valid travel documents at all times, including passports or international travel papers and documents related to their residence in Vietnam, and present them upon request by competent authorities.
- Present passports or residence-related documents to accommodation facilities to complete temporary residence registration in accordance with Vietnamese law.
- Permanent residents leaving Vietnam to reside in another country must return their permanent residence card to the border control authorities at the exit point.
3. Principles for Foreign Nationals in Transit in Vietnam
Citing Article 4 of the 2014 Law, foreign nationals in transit must adhere to the following principles:
- Compliance with the Law: Adhere to this Law, other applicable Vietnamese laws, and international treaties to which Vietnam is a party.
- Respect for national sovereignty and security: Maintain independence, sovereignty, territorial integrity, national security, public order, and social safety; act in accordance with principles of equality in international relations.
- Transparency and facilitation: Ensure entry, exit, transit, and residence procedures are transparent, convenient, and well-managed, while maintaining strict and unified control by Vietnamese authorities.
- Use of a single passport: Foreign nationals with multiple passports must use only one passport for all entry, exit, transit, and residence purposes in Vietnam.
Conclusion:
Foreign nationals in transit in Vietnam enjoy legal protections and freedoms while simultaneously bearing specific obligations and responsibilities. Awareness and compliance with these rights, duties, and principles are essential for smooth travel, legal certainty, and respectful engagement with Vietnamese law and authorities.
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Nguyen Duong Anh Vu